TUESDAY, MAY 15, 1973 WASHINGTON, D.C. Volume 38 ■ Pages 12723-

I

(Part II begins on page 12783)

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. CHILD PROTECTION PACKAGING— FDA modifies testing procedure for unit packaging; effective 5-15-73...... 12738 PRESCRIPTION COUGH AND ALLERGY DRUGS— FDA announces 6-4-73 hearing on interim guidelines for formulation and labeling...... -...... 12769 NEW DRUGS— FDA amends labeling requirements for nitrofurantoin compounds...... -...... 12767 FOOD ADDITIVES— FDA allows additional ingredient in food-contact surface repair coatings; effective 5-15-73.. 12738 COMPUTER DATA— Commerce Department solicits pro­ posed techniques for confidential transmission; comments by 7-16-72...... - 12763 FEDERAL RESERVE DISCOUNT RATES— FRS announces changes...... *...... -...... -...... - -...... 12733 OIL IMPORTS— Interior Department allocations based on petrochemical exports; effective 5—15—73...... 12746 ENVIRONMENTAL RESEARCH AND DEMONSTRATION GRANTS— EPA interim policies and procedures; effective 6-14-73 ...... - 12783 CLEAN WATER— Coast Guard proposal to prevent pollu­ tion by discharge of oily ballast; comments by 6-18-73.... 12749 NATIONAL FOREST TIMBER USE— USDA proposes en­ vironmental quality standards; comments by 6-14-73 ... 12749 EXPORTS OF TRITIUM— AEC reduces restrictions to cer­ tain Soviet bloc countries; effective 5-15-73...... 12733 SEEDS— USDA rules for testing; effective 6-14-73...... 12729 ANTIDUMPING— Treasury Department findings on ceramic glazed wall tile from the Philippines...... - 12760 PHASE III— CLC rule relating to computation of base rates subsequent to reductions in wages and salaries; effective 1-11-73...... — ------12746 (Continued inside) REMINDERS (The items in this list were editorially compiled as an aid to F ederal R egister users. Inclusion or exclusion from this list has no legal significance. Since this list is intended as a reminder, it does not include effective dates that occur within 14 days of publication.)

Rules Going Into Effect Today This list includes only rules that were published in the Federal Register after October 1, 1972. page no. and date AMS— Fresh fruits, vegetables and other products; requirements for packer identification ...... 7447; 3-22-73 GSA— Federal procurement regulations; _ supply contract clauses...... 6669; 3-12-73

Published daily, Monday through Friday (no publication on Saturdays, Sundays, or on official Federal fit ^ ^ bolidays) ’ by the Office of the Federal Register, National Archives and Records Service, General Services atip y ip p ^ f Administration, Washington, D.C. 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C., JP Ch- 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). Distribution c« o ls made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. 0.£ The Federal R egister provides a uniform system for making available to the public regulations and legal notices issued by the Executive Branch of the Federal Government. These include Presidential proclamations and Executive orders and Federal agency documents having general applicability and legal effect, documents required to be published by Act of Congress and other Federal agency documents of public interest.

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FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M AY 15, 1973 HIGHLIGHTS ■Continued

MICROWAVE RADIO— FCC proposes policies and proce­ Eighth National Bank Regions, 5-25 and -26, and dures for use of digital modulation techniques; comments 6 - 1-73 ...... *...... 12760 by 7-2-73...... -.....- ...... 12750 DoT: National Highway Safety Advisory Committee, 5-24 and 5-25-73...:...... 12773 INCOME AND EMPLOYMENT TAXES— IRS regulations for Veterans Administration Wage Committee, 6—7, 6—21, continental shelf areas...... - 12740 7— 5, 7-19, 8-2, and 8-16-73...... 12777 HEW: National Advisory Council on Indian Education, MEETINGS— ^ 5-19 to 5-22-73...... -...... 12772 USDA: California Advisory Committee to Forest Service, National Advisory Council on Education Professions 5-30, 5-31, and 6-1-73...... 12761 Development, 5-18-73...... - 12771 Labor Department: Labor Research Advisory Council, Secretary's Advisory Committee on the Rights and 5-24-73 ...... - ...... 12777 Responsibilities of Women, 6—21 and 6—22—73...... 12772 NASA: Research and Technology Advisory Council, Com­ Comprehensive Health Planning Training and Studies mittee on Aeronautical Propulsion, 5-23 and 5-24-73.. 12776 Review Committee, 5—16—73...... 12771 Treasury Department: Regional Advisory Committees CAB: New York-New Jersey Congressional Delegations, on Banking Policies and Practices of the Second and 5-16-73 ...... 12777 Contents

AGRICULTURAL MARKETING SERVICE Notices EDUCATION OFFICE President’s Cup Regatta; special Notices Rules and Regulations local regulations------12773 Federal Seed Act; rules of test­ National advisory council meet­ ing ______12729 COMMERCE DEPARTMENT ings: Processed fruits and vegetables See Domestic Commerce Bureau; Education Professions Develop­ and products; standards for in­ Domestic and International ment ______12771 spection by variables and deter­ Business Administration; Im­ Indian Education------12772 mination of fill weights (3 docu­ port Programs Office; National ments) ______12729 Bureau of Standards. EMERGENCY PREPAREDNESS OFFICE Proposed Rules COMPTROLLER OF THE CURRENCY Notices Tobacco, shade-grown cigar leaf, Alabama; amendment to major grown in Florida and Georgia; Notices disaster notice______12777 expenses and rate of assessment Regional Advisory Committees on for 1973-74 fiscal period______12749 Banking Policy and Practices; ENVIRONMENTAL PROTECTION AGENCY meetings: AGRICULTURE DEPARTMENT Eighth National Bank Region— 12760 Rules and Regulations See Agricultural Marketing Serv­ Second National Bank Region— 12760 Research and demonstration ice; Federal Crop Insurance grants; interim regulations___ 12784 Corporation; Forest Service. COST OF LIVING COUNCIL Rules and Regulations FEDERAL AVIATION ADMINISTRATION ATOMIC ENERGY COMMISSION Phase III regulations; determina­ tion of base rates subsequent to Rules and Regulations Rules and Regulations McDonnell Douglas Model DC-10- Tritium exports; reduction of re­ reductions in wages or salaries— 12746 strictions ______12733 Notices 10, DC-10-30, DC—10—30F, DC- Administrator, Office, of Price 10-40 airplanes; airworthiness Notices Monitoring et al.; delegations of standards______12734 Vermont Yankee Nuclear Power authority------12775 Restricted areas; alterations (2 Corp.; availability of Initial de­ Directorship succession______12775 documents)______12735 cision of Atomic Safety and Li­ Food Industry Wage and Salary Transition area; alteration_____ 12734 censing Board______12774 Committee; determination to close meeting______12776 VOR Federal airways and jet CIVIL AERONAUTICS BOARD route; alteration______12734 CUSTOMS BUREAU Notices Rules and Regulations Notices American Airlines, Inc.; prehear­ Aircraft fuel; articles conditional­ Flight Inspection District Office, ing conference—______12774 ly free, etc______12736 Albuquerque, N. Mex.; notice of International Air Transport Asso­ closing ______12773 ciation; order relating to cur­ DOMESTIC COMMERCE BUREAU rency matters______12774 Rules and Regulations FEDERAL COMMUNICATIONS New York-New Jersey congress­ Foreign excess property; transfer COMMISSION of regulations__ :__ ___ 12743 ional delegations; meeting____ 12774 Rules and Regulations Williams, Stanley G., and South­ DOMESTIC AND INTERNATIONAL Frequency allocations, experimen­ ern Air Transport, Inc.; post­ BUSINESS ADMINISTRATION tal radio services, and radio ponement of hearing______12774 Rules and Regulations frequency devices; editorial COAST GUARD Change in chapter heading___:_ 12736 changes ______12743 Notices Proposed Rules Office of General Counsel; organ­ Directorate of Administrative ization and functions______12743 Oily ballast discharge require- Management; organization and hients------12749 functions______12762 (Continued on next page) 12725

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M AY 15, 1973 12726 RULES AND REGULATIONS

Proposed Rules Notices LABOR DEPARTMENT PM broadcast stations; Marion, Secretary’s Advisory Committee See Labor Statistics Bureau. HI.; order to show cause______12757 on the Rights and Responsibili­ Microwave radio; use of digital ties of Women; meeting______12772 modulation techniques______12750 LABOR STATISTICS BUREAU HEALTH SERVICES AND MENTAL HEALTH Notices FEDERAL CROP INSURANCE ADMINISTRATION CORPORATION Labor Research Advisory Council; Notices Notices meeting ______12777 Tobacco, Type lib, North Caro­ Comprehensive Health Planning lina; extension of closing date Training and Studies Review LAND MANAGEMENT BUREAU for 1973 crop year applications. 12761 Committee; meeting______12771 Notices FEDERAL INSURANCE ADMINISTRATION HOUSING AND URBAN DEVELOPMENT Idaho: DEPARTMENT District Managers, redelegation Rules and Regulations of authority______12760 Areas eligible for sale of flood See Federal Insurance Adminis­ Proposed withdrawal and reser­ insurance (2 documents) _ 12739,12740 tration; Interstate Land Sales vation of lands, termination. _ 12760 FEDERAL POWER COMMISSION Registration Office. NATIONAL AERONAUTICS AND SPACE Notices IMPORT PROGRAMS OFFICE ADMINISTRATION Algonquin Gas Transmission Co.; proposed initial rate schedule.. 12776 Notices Notices Decisions on applications for duty­ NASA Research and Technology FEDERAL RESERVE SYSTEM free entry of scientific articles Advisory Council Committee on Rules and Regulations (10 documents)______12763-12767 Aeronautical Propulsion; meet­ in g ------12776 Advances and discounts by banks; INTERIM COMPLIANCE PANEL (COAL changes in rates______12733 MINE HEALTH AND SAFETY) Notices NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Industrial Bank of Japan, Ltd.; Notices acquisition of bank______1__ 12776 Jewell Ridge Coal Corp.; oppor­ Notices tunity for hearing on noncom­ FOOD AND DRUG ADMINISTRATION pliance renewal permit applica­ National Highway Safety Advisory Rules and Regulations tions ______12776 Committee; meeting______12773 Food additives: NATIONAL BUREAU OF STANDARDS Prior-sanctioned food ingredi- INTERIOR DEPARTMENT e n ts ------12737 See also Land Management Notices Resinous and polymeric coat­ Bureau; Oil and Gas Office. Cryptographic algorithms for pro­ ings ------12738 Notices tection of computer data during Poison Prevention Packaging Act; transmission and dormant stor­ modification of testing proce­ Proposed wilderness classifica­ age ______12760 dure for special packaging__ 12738 tions, availability of final en­ vironmental statements: OIL AND GAS OFFICE Notices Carlsbad Caverns National Nitrofurantoin and nitrofuran- Park, N. Mex______12761 Rules and Regulations toin sodium; drugs for human Grand Teton National Park, Oil imports; miscellaneous amend­ use, drug efficacy study imple­ Wyo______12761 ments ______12746 mentation, follow-up notice__ 12767 Yellowstone National Park, Prescription drugs indicated for Wyo ______12761 SELECTIVE SERVICE SYSTEM cough and allergy; hearing on interim guidelines for formula­ INTERNAL REVENUE SERVICE Rules and Regulations tion and labeling______12769 Rules and Regulations Selective Service officers; signing official papers.______. . . 12742 FOREST SERVICE Income and employment taxes; Proposed Rules definitions of certain terms____ 12740 Proposed Rules Timber; requirement in use_____ „12749 INTERSTATE COMMERCE COMMISSION Internal organizational duties in Notices connection with registration; Rules and Regulations California Advisory Committee; revocations______12759 m eeting------12761Determination of avoidable Environmental statements; avail­ losses; Rail Passenger Service TRANSPORTATION DEPARTMENT ability: Act of 1970.______. . . 12744 See Coast Guard; Federal Avia­ Blue Range Primitive Area Min­ Proposed Rules tion Administration; National eral Exploration Proposal. __ 12761 Motor common carriers of house­ Highway Traffic Safety Admin­ Pinyon-Juniper Chaining Pro­ hold goods; use of credit card istration. gram, Utah______12761 system _>______12758 Popo Agie Primitive Area, Wyo. 12762 Passenger brokers; interpretation fREASURY DEPARTMENT of operating authorities______12759 GENERAL SERVICES ADMINISTRATION See also Comptroller of the Cur­ Notices rency; Customs Bureau; In­ Notices ternal Revenue Service. Block Island North Light Station, Assignment of hearings______12777 R.I.; transfer to Interior De­ Motor carrier transfer proceed­ Notices ings (2 documents)______12778 partment ___ l ______12776 Ceramic glazed wall tile from Philippines; determination of HEALTH, EDUCATION, AND WELFARE INTERSTATE LAND SALES REGISTRATION sales at less than fair value____1276® DEPARTMENT OFFICE Notices See also Education Office; Food VETERANS ADMINISTRATION and Drug Administration; Lake Mohave Ranches; notice of Health Services and Mental proceedings and opportunity for Notices Health Administration. hearing______12772 VA Wage Committee; meetings— 12777

FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M A Y 15, 1973 CONTENTS 12727 List of CF R 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.

6 CFR 21 CFR 46 CFR 130______12746 121 (2 documents)______12737, 12738 Proposed Rules: 295______12738 35______7 CFR 12749 24 CFR 56______12749 52 (3 documents) 12729 1914 (2 documents)______12739,12740 74______12749 201______12729 78______12749 Proposed Rules: 26 CFR 93______12749 1______12740 97______12749 1201______12749 31 __„______12740 191______12749 196___ ^______12749 10 CFR 32 CFR 36...... 12733 1604______12742 47 CFR Proposed Rules: 0______12743 12 CFR 1612______12759 2______12743 201______12733 5______12744 32A CFR 15______12744 14 CFR Ch. X : OI Reg. 1______12746 Proposed Rules: 39______12734 2______L; 12750 71 (2 documents) 12734 36 CFR 21______12750 73 (2 documents) 12735 Proposed R ules: 73a.______12757 75______12734 221______12749 15 CFR 49 CFR 40 CFR 1123______12744 ch. ni______12736 40__ 12784 Proposed R ules: 19 CFR 44 CFR Ch. X______12759 10___ ...... 12736 401_i______- ______12743 1056______12758

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 / 12729 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 1. In the third line of the first para­ making and hearing with respect to pro­ CHAPTER I— AGRICULTURAL MARKETING graph and the eighth line of the second posed amendments to the regulations (7 SERVICE (STANDARDS, INSPECTIONS, paragraph of the preamble, the word CFR part 201, as amended) relating to MARKETING PRACTICES), DEPART­ “Bill” should read “Fill”. the rules for testing of seed under said MENT OF AGRICULTURE 2. On page 10450, in the ninth line act. of the paragraph immediately following PART 52— PROCESSED FRUITS AND Interested persons were given an op­ VEGETABLES, PROCESSED PRODUCTS the Note, the word “ad” should read portunity to present views orally at a THEREOF, AND CERTAIN OTHER PROC­ “and”. hearing or to submit written comments ESSED FOOD PRODUCTS 3. In § 52.225: regarding the proposals. Over 3,000 a. In paragraph (a), in the fourth line copies of the proposals were distributed U.S. Standards for Inspection by Variables “LRLx” should read “LRLx”, and in the to the trade and Government organiza­ Correction ninth line “LWLx” should read “LWls”. tions. Oral and written comments were The 12th line should read “ing each submitted bj 12 persons, groups, or orga­ In PR Doc. 73-7911 appearing at page limit Xm in, LWLf, LRIs, LWL”. In the nizations. Five of the comments sup­ 10446 in the issue for Friday, April 27, penultimate line “WLx, RLx” should ported the proposed amendments as pub­ 1973, the following ’changes should be read “WI*; RLr”, respectively. lished. Seven comments proposed modi­ made: b. In paragraphed) in the ninth line fications, several of which have been 1. In the preamble: “X” should read “X”. adopted. a. In paragraph (2) under Statement _4. In the second line of § 52.228(a) (1), Some of the comments and the De­ of consideration leading to the new partment’s responses are as follows: “Xmin” Should read "X 'm in”. A. Soybean seed.—The Association of standards, the figure “LWLx” in the last 5. In § 52.231, in the second line ofOfficial Seed Analysts recommended that line should read “LWLx”. paragraph (a) “LWLx” should read the definition for pure seed (5 201.48(b) ) b. In the paragraph immediately fol­ “LWLi”;. in the third line of paragraph be modified with respect to soybean seed lowing paragraph (3) the word “units” (a)(1), “LWLx and LRLx” should read to more clearly show when separated in the seventh line should read “unit”. “LWL? and LRLi-f’. cotyledons shall be considered pure seed. c. In paragraph (4) the word “valua­ The recommendation will help clarify the definition and has been adopted. bles” in the second line should read PART 52— PROCESSED FRUITS AND VEGE­ “values”. B. Lettuce seed.—Several comments TABLES, PROCESSED PRODUCTS recommended that “necrosis” in lettuce 2. In § 52.204 make the following THEREOF, AND CERTAIN OTHER PROC­ seedlings, be changed to “physiological changes: The second item defined, read­ ESSED FOOD PRODUCTS necrosis,” and that “decay” be changed ing “LRLx” should read “LRLx”; the U.S. Standards for Determination of Fill to “injury” wherever the term appears. 15th item defined, “sx”, should read “s;”; Weights; Correction The recommendations will help clarify the 17th item defined, “URLx”, should In FR Doc.73-7912, appearing at page the terms and have been adopted. read “URLx” ; and the 19th item defined, 10449 in the issue of April 27, 1973, the Some comments recommended that in “UWLx”, should read “U W Lx”. In the following changes should be made: making seedling interpretations on let­ seventh line of that definition “URLx” 1. In § 52.231(c), page 10451, 12th and tuce (5 201.56-2(a) ) no magnification be 13th lines, delete the word “proposed”. prescribed. Magnification is needed to should read “URLx”. make accurate and uniform interpreta­ 3. In § 52.205(b) (4) the figure “Mi” 2. In § 52.232(a), page 10452, sixth tions. The photographs which are to be in the first line should read “Mi”. line, delete the word “proposed”. used as visual aids in the interpretation 4. In 5 52207(c)(5) in the sixth line N ote.—Compliance with the provisions of lettuce seedlings show the seedlings of these standards shall not excuse failure the figure “X ” should read “X”. enlarged more than seven times. Further, to comply with the provisions of the Federal 7x hand lenses are recognized seed test­ 5. In § 52.209: Food, Drug, and Cosmetic Act, or with appli­ ing equipment and are commonly used a. In the second line of paragraph (a) cable State laws and regulations. in seed testing procedures. For these rea­ (l)(ii), “LRLx” should read “LRl£”. Dated May 9, 1973. sons, the recommendation to delete the ( b. In paragraph (b) (2) (ii) the figure E. L. P eterson, magnification provision is not being J W in the first line should read Administrator, adopted. X'min”. Agricultural Marketing Service. C. Editorial changes.—Editorial changes have been made to correct cer­ [FR Doc.73-9496 Filed 5-14-73;8:45 am] tain names and specifications in tables PA? J « ^ T PROCESSED f r u its a n d v eg - 1 and 2. e^ bles, pr o c es sed p r o d u c ts PART 201— FEDERAL SEED ACT Therefore, having considered the hear­ cef?I0F' AND CERTAIN OTHER PROC­ REGULATIONS ESSED FOOD J»RODUCTS ing record, the oral and written com­ Rules for Testing ments, and other relevant information, United States Standards for Determination it is concluded that the proposed amend­ of Fill Weights Pursuant to section 402 of the Federal ments, with changes indicated above, Seed Act, as amended (7 U.S.C. 1551 et Correction should be and are adopted as set forth seq.) and the administrative procedure below: init ^ I:>0C‘ 73-7912 appearing at page provisions in 5 U.S.C. 553, there was pub­ In § 201.46 Weight of working sample, 10449 °f the issue for Friday, April 27, lished in the F ederal R egister (36 FR table 1 is amended to read: »73, make the following changes: 11451) on June 12,1971, a notice of rule­ * • * * •

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 12730 T able 1—Weight o r Working Sample T able 1—Weight of Working Sample—Continued

Minimum Minimum Minimum weight for Approximate Minimum weight for Approximate Name of seed Weight for noxious-weed ¿timber of Name of seed weight for noxious-weed number of ’ purity analysis seed exami­ seeds per gram purity analysis seed exami­ seeds per gram nation nation

AGRICULTURAL SEED agricultural seed—continued Grams Grams Num ber —Paspalum notatum: Bahiagrass Grams Grams N um ber —Sporobolus cryptandrus 2.5 12,345 Var. Pensacola______.....___ 600 Dropseed, sand ...... ~M Beet, field—Beta vulgaris______500 Fescue: Beet, sugar—Bela vulgaris______:______500 Chewings—Festuca rubra var. commutata...... 3 30 900 Bentgrass: Hair—Festuca capiUata...... 10 Colonial (incl. Astoria and Highland) —Agrostis tenuis__ 2.5 13,000 Hard—Festuca ovina var. duriuscula...... 20 1,305 Creeping—Agrostis palustris...... 2.5 13,515 Meadow—Festuca elatior...... 495 Velvet—Agrostis canina ______. . . . ______% 2.5 18,180 Red—Festuca rubra...... 30 900 Bermudagrass— Cynodon dactylon..______10 3,930 Sheep—Festuca ovina...... ,...... 20 Bennudagrass, giant— Cynodon dactylon var. aridus...... 10 2,950 Tall—Festuca arundinacea...... ■___...... 455 Bluegrass: Flax—Linum usitatissimum ...... 150 Bulbous— Poa bulbosa...... 40 585 Grama: Canada—Poa compressa______5 5,050 Blue—Bouteloua gracilis...... 6 20 1,595 Glaucantha—Poa glaucantha______10 Side-oats—Bouteloua curtipendula (Other than caryopses). 60 350 Kentucky (all vars.)—Poa p ratensis...______”. 10 3,060 (Caryopses)...... _.r...... 20 Nevada—Poa nevadensis______... 10 Guineagrass—Panicum m axim um ______...... 20 Rough—Poatrivialis.______1.1....I. 5 4,610 Hardinggrass—Phalaris tuberosa var. stenoptera...... _____ 30 Texas—Poa arachnifera...... 10 Hemp—Cannabis sativa )._...... 500 Wood—Poanemoralis...... _■...... >_____ ..... 5 4,330 Indiangrass, yellow—Sorghastrum nutans...... 70 395 Bluestem: Indigo, hairy—Indigofera hirsuta...... 70 Big—Andropogon gerardi...... 70 320 Japanese lawngrass—Zoysia ja p m ic a ...... 2 20 1,325 Little—Andropogon scoparius______525 Johnsongrass—Sorghum halepense...... 10 100 265 REGULATIONS AND RULES Sand—Andropogon hallii______¿1.1.1.1.111.1.” 100 215 Kudzu—Pueraria thunbergiana...... 250 Yellow—Andropogon ischaemum______...... 1 10 1,945 Lentil—Lens culinaris...... 120 500 14-23 Brome: Lespedeza: Field—Bromus arvensis______J______...... 465 Sericea or Chinese—Lespedeza cuneata (L. sericea)_.... 30 Mountain—Bromus marginatus...... 200 Siberian—Lespedeza hedysaroides...... 30 Smooth—Brom us in e rm is...... ___ 70 315 Lovegrass, sand—Eragrostis trichodes...... 10 3,585 Broomcom—Sorghum vulgare var. technicum . ~..'..~..'..'.'.'.V.'.V. 400 Lovegrass, weeping—Er agrost is curvula...... 10 3,270 Buckwheat—Fagopyrùm esculentum______500 Manilagrass—Zoysia matrella...... •...... 20 Buffalograss—Buchloe dactyloides: Meadow foxtail—Alopecurus pratensis...... 30 895 (Burs)...... 200 Millet: (Caryopses)...... ;...... 30 Browntop—Panicum ramosum...... 80 315 Buflelgrass—Pennisctum ciliare: Foxtail, such as Common, White Wonder, German, (Fascicles)...... 60 355 Hungarian, Siberian, or Golden—Setaria italica_____ 480 (Caryopses)...... 20 Burclover, California—Medicago hispida (in bur)______500 Millet: Burclover, California—Medicago hispida (out of bur)...... 70 Japanese—Echinochloa crusgalli var. frumentacea...... 9 90 315 Burclover, spotted—Medicago arabica (in bur)______500 Pearl—Pennisetum glaucum...... 180 Burnet, little—Sanguisorba minor______r______Proso—Panicum m uiaceum ...... i ...... 185 250 Molassesgrass—Melinis minutiflora...... 5 7,750 Buttonclover—Medicago orbicularis :____ 1______70 Mustard: Canarygrass—Phalaris canariensis...... ______200 —Phalaris arundinacea Black—Brassica nigra...... 20 Canarygrass, reed ______20 1,185 Oatgrass, tall—Arrhenatherum elatius...... 60 415 Carpetgrass—Axonopus affinis______■______10 2,230 6 Clover: Orchardgrass—Dactylis glomerata...... 3 30 945 20 1,370 Alsike—Trifolium hybridum...______20 Panicgrass, blue—Panicum antidotale...... —Panicum maximum trichoglume 2 1,305 Cluster—Trifolium glomeratum______10 Panicgrass, green var...... 20 —Trifolium incarnatum Rape: ’ Crimson ______100 Annual—Bassica napus var. annua...... 70 Kenya—Trifolium semipüosum...... 20 Bird—Brassica campestris...... 70 Ladino— Trifolium repens..1 ______...I. 20 —Brassica napus biennis 100 Lappa— Trifolium lappaceum______.'.______20 Winter var...... Redtop—Agrostis alba...... K 2.5 10,695, Large hop— Trifolium procumbens (T. campestre)______10 Rescuegrass-Browitts catharticus...... 200 115 Persian—Trifolium resupinatum...... 20 — Chloris gay ana 10 Trifolium hirtum Rhodesgrass ...... Rose— ...... I...I. 70 Ricegrass, Indian—Oryzopsis hymenoides...... 70 355 Small hop (Suckling)— Trifolium dubium ______20 Ryegrass: Sub— Trifolium subterraneum______250 Annual (Italian) —Lolium m ultiflorum ...... 420 White—Trifolium repens...... ;______20 Perennial—Lolium perenne...... 530 Crambe— Crambe abyssinica...... I. 250 Sainfoin— Onobrychis viciaefolia...... 500 Crested dogtail—Cynosurus cristatus...—______; 20 Sesame—Sesamum indicum...... 70 Crotalaria: Sesbania—Sesbania exaltata ...... I ...... 250 Lance— Crotalaria lanceolata______;______70 Smilo— Oryzopsis miliacea...... 20 Showy— Crotalaria spectabilis...... ______"I 250 Sorghum— Sorghum vulgare ...... j ...... 500 55 Slenderleaf—Crotalaria intermedie/______100 Sorghum almum—Sorghum alm um ...... 150 Striped— Crotalaria striata {C. mucronata)______100 Sorghum—sudangrass hybrid—S. vulgare x S. sudanense...... 500 55 Crownvetch— Coronilla varia.______100 Sorgrass*______150 135 Dallisgrass—Paspalum dilatatum______40 620 Sudangrass—Sorghum sudanense...... 250 100

FEDERAL REGISTER, VOL. 38, 9 3 ------TUESDAY, MAY 15, 1973 RULES AND REGULATIONS 12731 both are placed under the same test con­ Table l—Weight or Working Sample—Continued ditions. Physiological necrosis of cotyle­ dons is frequently manifested by soft­ Minimum ened, grayish, blackish, or reddish areas M inim um weight for Approximate Nome of seed weight for noxious-weed number of and should not be confused with natural purity analysis seed exami­ seeds per gram pigmentation. Seedlings with extensive nation physiological necrosis and/or injured areas on the cotyledons aré slower in agricultural seed—continued dram s dram s N um ber growth and tend to be shorter than seed­ Sweet vernalgrass—Anthoxanthum odoratum. 2 0 ...... lings without such damage. It is not nec­ Switchgrass—Panicum virgatum--- jl...... 40 57 essary to distinguish between necrotic Timothy—Phleum pratem e...... 10 2,565 Tobacco—A icotiana tabacum------5 ...... areas and injury caused by fungi and Trefoil: bacteria since the interpretation is the Big—Lotus uliginosus (L. m a jo r ____ 2 0 ...... — Birdsfoot—Lotus corniculatus ...... 30 „ ...... -___ same for all conditions. Seedlings in­ 100 500 ____ ¿í...... Triticale— Triticosecale.------30...... terpretations are to be made with not Vaseygrass—Paspalum urvillei— ------7 x Veldtgrass—Ehrharta ealycina______40...... more than a magnification. Cplored Velvetgrass—Holcm lanatus------1 0 ...... photographs of lettuce cotyledons are to Vetch: be used as guides for classification. These Narrowleaf—Vicia angusti/olia______500 ...... Wheatgrass: photographs may be obtained from the Beardless—Agropyron inerme.- ...... 80 275 U.S. Department of Agriculture, Agri­ Fairway crested—Agropy ron cristatum. 40 685 Intermediate—Agropyron intermedium. 150 176 cultural Marketing Service, Grain Di­ Pubescent—Agropyron trichphorum ---- 150 180 vision, Seed Branch, South Laboratory Slender—Agropyron trachycaulum. ___ 70 295 Tall—Agropyron elongatum______150 165 Building, Agricultural Research Center, Western—Agropyron smithii.______100 250 Beltsville, Md. 20705. Wildrye: Canada—Elymus canadensis..______110 190 (1) Normal seedlings include those Russian—Elymus junceus______60 360 that have: (i) Long, vigorous roots, over V VEGETABLE SEED half the usual length for vigorous seed­ 150______si­ Burdock, great—Arctium lappa______lfio ______lings; (ii) long, vigorous hypocotyls, over Cabbage, tronchuda—Brassica olerácea var. tronchuda. 50______half the usual length for vigorous seed­ Chives—Attium schoenophrasum...------lings, with no cracks or lesions extending into the central conducting tissue; (iii) 2. Section 207.47(e) is amended to read 4. Section 201.50 is amended by insert­ two cotyledons either free of injury or as follows: ing the following before the parentheti­ with less than half the total cotyledon § 201.47 Separation. cal last sentence: surface covered by physiological necrosis * * * * * § 201.50 Weed seed. or injured areas (the hypocotyl and root (e) The uniform method as adopted by * * * For species having seeds larger should be more than half normal the Association of Official Seed Analysts, than Juncus (excluding Xanthium) the length); and (iv) an epicotyl entirely as amended effective October 1, 1970, individual seeds are to be removed from free of injury. shall be used for the separation of pure fruiting structures. The seeds are placed (2) Abnormal seedlings include those seed and inert matter in seeds of Ken­ with the weed seed and the remaining that have: (i) No roots, or roots clearly tucky bluegrass, “Pensacola” variety of fruiting structures are placed in inert less than half normal length with root bahiagrass and orchardgrass. matter. * * * tips blunt, swollen, or discolored; (ii) hypocotyls clearly less than half normal 3. Section 201.48 (b) and (i) are 5. Section 201.51(a) (1) and (5) are length, or severely twisted or grainy, or amended to read, respectively, as follows: amended to read, respectively, as follows: with cracks or lesions extending into the § 201.48 Kind or variety considered § 201.51 Inert matter. central conducting tissue; (iii) only one pure seed. * * * - * * cotyledon, or cotyledons with half or ***** (a) * * * more than half their total area necrotic (b) Pieces of broken and otherwise (1) Pieces of broken or otherwiseor injured (the hypocotyl and root are damaged seeds that are larger than one- damaged seeds one-half the original size usually less than half normal length), or half of the original size, except as pro­ or less. Included are separated cotyledons swollen cotyledons (usually grayish or vided in paragraph (i) of this section. of cowpea, peanut and soybean com­ darkened) with extremely short or ves­ (This excludes separated cotyledons of monly referred to as “splits”, irrespec­ tigial hypocotyl and root (see coat us­ cowpea, peanut, and soybean, commonly tive of whether or not the radicle-plu­ ually adhering to cotyledons); (iv) no referred to as “splits,” irrespective of epicotyl or an epicotyl with any degree of mule axis and/or more than half of the injury or physiological necrosis. whether or not the radicle-plumule axis seed coat may be attached. (See § 201.48 • ***** and/or more than half of the seed coat (b) and (i)). may be attached. In the case of soybean ***** 7. Section 201.57a is amended to read seed, if the two cotyledons are broken as follows: (5) Seed units of grasses in which the apart but held together by the seed coat, § 201.57a Dormant seeds. the seed shall be classed as pure seed. caryopses are replaced by nematode K only one cotyledon is in the seed coat, galls, or by fungus bodies such as smut Dormant seeds are viable séeds, (ex­ the seed shall be classed as inert.) balls or ergot sclerotia. cluding hard seeds) which fail to ger­ ***** ***** minate when provided the specified . Insect-damaged seeds, provided 6. Section 201.56-2 (a) is amended to germination conditions for the kind of mat the damage is entirely internal, or read as follows: seed in question. Viability of ungermi­ that the opening in the seed coat is not § 201.56—2 Sunflower family (composi- nated seeds may be determined by a cut­ sufficiently large to allow the size of the tae). ting or tetrazolium test, application of remaining mass of tissue to be readily ***** germination promoting chemical, or any aetermined. Weevil-infested vetch seeds, (a) Lettuce: The interpretations ofother appropriate method or combina­ irrespective of the amount of insect dam­ lettuce seedlings are made only at the tion of methods. age, are to be considered pure seed un­ end of the test period. When used to less they are broken pieces one-half or § 201.58 [Amended] less than the original size. This provi­ describe seedling structures “normal sion is not applicable to chalcid-damaged length” means that length attained by 8. Section ' 201.58(b) is amended by seed (see § 201.51(a) (4) ). a vigorous sample of the same variety deleting subparagraph (7). of lettuce as the one being tested when 9. Section 201.58(b) (3) is amended by

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M AY 15, 1973 No. 93—pt. i-----2 12732 RULES AND REGULATIONS

adding at the end of the subparagraph cent seedlings present at the time of the the following: “Sugar beets may require first count, break the contact of the roots 16 hours soaking in water at 25° C.f fol­ of the nonfluorescent seedlings from the lowed by rinsing and then drying for 2 substratum and reread the fluorescence hours at room temperature." at the time of the final count.” 10. Section 201.58(b) (10) is amended 11. Section 201.58(c)—Table 2; ger­ by adding the following sentence: “If mination requirements for. indicated there are over 75 percent normal fluores- kinds—Is amended as listed below: Agricultural Seed Bentgrass: Colonial (including Astoria and Highland) Agrostis te n u is______Col. 3—add 15-25” after “10-30.” Creeping—Agrostis palustris______Col. 3—add 15—25” after “10—30.” Bluegrass: Canada—Poa compressa_t ______Col. 3—add “15—25;” before “15—30.” Glaucantha—Poa glaucantha-.______;______Col. 3—add “15—25;” before “15—30.” Kentucky (all vars.—Poa pratensis)______Col. 3—delete “15—30.” Brome: Field—Bromus arvensis______Col. 3—reverse to read “15—25; 20-30.” Dropseed, sand—Sporobolus cryptandrus______Col. 3—add “5-35;” before “15-35.” Col. 5—delete “42”; add “28.” Col. 7—delete present wording. Re­ write as follows: “Prechill at 5° C. for 4 weeks.” Fescue: Meadow—Festuca elatior______Col. 3—add “; 20-30” after “15—25.” Tall—Festuca arundinacea :______Col. 3—add “; 20-30” after “15-25.” Beneath “Hardinggrass—Phalaris tuberosa var. ste- noptera,” insert “Hardinggrass (alternate method.”- Col. 2—insert “P.” Col. 3—insert “15-25.” Col. 4—insert “7.” Col. 5—insert “14.” Col. 6—insert “light; KNOs presoak at 158 C. for 24 hours.” Col. 7—presoak at 15° C. for 24 hours. MiUet: Browntop—Panicum ramosum______Col. 2—add ", T” after “P.” Col. 3—add “; 30” after “20-30.” Add Alternate method and insert in------Col. 2—“B, P, T.” Col. 3—“5-35.” , . - ' v 1 Col. 4—“4.” Col. 5—“14.” Col. 6—“Light; KNOs.” Foxtail—such as Common, White Wonder, German, Hungarian, Siberian, or Golden—Setaria italica— Col. 3—change to read “15-30; 20-30.” Orchardgrass—Dactylis glomerata______Col. 3—delete “20—30.” Peanut—Arachis hypogaea______Col. 7—delete “Test at 30° C.” Ricegrass, Indian—Orysopsis hymenoides______Col. 2——delete “P”; add “S.” Col. 3—add “; 5-15” before “15”; add “; 15-25” after “15.’' Col. 5—delete “42”; add “28.” Col. 7—delete present wording. Re­ write as follows: “Dark; prechill in soil at 5° C. for 4 weeks.” Ryegrass: Annual (Italian)—Lolium multiflorum______Col. 3—delete “20-30”; Perennial—Lolium perenne______Col. 3—delete “20-30;” Sudangrass—Sorghum sudanense______- Col. 3—add “; 15—30” after “20—30.” Timothy—Phleum pratense______Col. 3—reverse to read “15-25; 20-30.” . Wheatgrass: Fairway crested—Agropyron cristatum---- Col. 3—add 20-30” after “15-25.” Standard crested—Agropyron desertorum. Col. 3—add 20-30” after “15-25.” , Pubescent—Agropyron trichophorum____ Add Alternate method and insert in______Col. 2—“P.” Col. 3—“20-30.” Col. 4—“5.” Col. 5—“28.” Col. 6—“Light.” Col. 7—“Do.”

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 RULES AND REGULATIONS 12733

Agricultural Seed—Continued Title 12— Banks and Banking Tall—Agropyron elongation______CHAPTER II— FEDERAL RESERVE Add Alternate method and insert in______Col. 2—“P.” SYSTEM Col. 3—‘‘20-30.” SUBCHAPTER A— BOARD OF GOVERNORS OF CoL 4—“5.” THE FEDERAL RESERVE SYSTEM Col. 5—“21.” PART 201— ADVANCES AND DISCOUNTS Col. 6—“Light.” BY FEDERAL RESERVE BANKS Col. 7—“Do.” Changes in Rates Vegetable S eed Burdock, great—Arctium lappa------Col. 5—delete “21”; add “14.” Pursuant to section 14(d) of the Fed­ Lettuce—Lactuca satina------Col. 6—delete “for at least y2 hour.' eral Reserve Act (12 U.S.C. 357), and for the purpose of adjusting discount rates 12. Section 201.58a is amended by add­ ' The Commission has found that the with a view to accommodating commerce ing the following paragraph: export of tritium, in the form of labeled and business in accordance with other organic compounds, and in the quantities related rates and the general credit situ­ § 201.58a Indistinguishable seed. permitted to be exported in a single ship­ ation of the country, part 201 is amended ♦ * ♦ * * ment, to the specified Soviet bloc desti­ as set forth below: (c) Wheat. In determining the varietal nations would not be inimical to the com­ 1. Section 201.51 is amended to read purity, the phenol method may be used mon defense and security. The amend­ as follows: according to the procedure given in the ment will have the effect of reducing § 201.51 Advances and discounts for Association of Official Seed Analysts, export controls on East-West trade with member banks under sections 13 and Handbook No. 28 “A Standardized respect to nonstrategic items, consistent 13a. Phenol Method for Testing Wheat Seed with Government policy, and of enabling for Varietal Purity”, June 1965. U.S. companies to compete more effec­ The rates for all advances and dis­ 13. Following § 201.58b a new section tively with other NATO countries. counts under sections 13 and 13a of the is added as follows: Federal Reserve Act (except advances Pursuant to the Atomic Energy Act of under the last paragraph of such section § 201.58c Detection of captan, mercury, 1954, as amended, and sections 552 and 13 to individuals, partnerships, or cor­ or thiram on seed. 553 of title 5 of the United States Code, the following amendment to title 10, porations other than member banks) The bioassay method may be used ac­ chapter I, Code of Federal Regulations, are: cording to the procedure given in Asso­ part 36, is published as a document sub­ ciation of Official Seed Analysts, Hand­ ject to codification, to be effective on Federal Reserve Bank of— Rate Effective book No. 26, “Microbiological Assay of May 15,1973. Fungicide-treated Seeds”, May 1964. Boston...... m May 1,1973 Paragraph (b) of § 36.24 is amended New York...... 53A May 4,1973 (Sec. 402, 53 Stat. 1285; 7 U.S.C. 1592; 37 FR to read as follows: Philadelphia...... 5A Apr. 23,1973 28464, 28476.) Cleveland...... 5% Do. § 36.24 Export of certain byproduct ma­ Richmond...... 6% Do. Effective date.—These amendments terial to certain schedule A countries Atlanta...... 6 A Do. shall become effective June 14, 1973. Chicago...... m Apr. 27,1973 and Poland and Rumania. St. Louis...... 5M Do. * ♦ $ ♦ * Minneapolis i ...... 6A Apr. 23,1973 Done at Washington, D.C., on May 8, Kansas City...... 5 A Do. 1973. (b) A general license designated AEC-Dallas ...... 5% Apr; 27,1973 San Francisco...... —...... 5A Do. J ohn C. B lum , GIr-3624b is hereby issued authorizing Deputy Administrator, any lic’ensee of the Commission or of an Regulatory Programs. agreement state to export from the § 201.52 Advances to member banks United States tritium covered by his li­ under section 10 (b ). [FR Doc.73-9410 Filed 5-14-73;8:45 am] cense in labeled organic compounds, to The rates for advances to member Rumania and Poland and to any foreign banks under section 10(b) of the Federal Title 10-— Atomic Energy country or destination listed in § 36.50, Reserve Act a re: CHAPTER I— ATOMIC ENERGY schedule A, except East Germany (Soviet COMMISSION Zone of Germany and the Soviet sector Federal Reserve Bank of— Rate Effective PART 36— EXPORT AND IMPORT OF of Berlin); China, including Manchuria BYPRODUCT MATERIAL (and excluding Taiwan (Formosa)) (in­ Boston...... SA May 1,1973 cludes Inner Mongolia; the provinces of New York...... SA May 4,1973 Reduction of Restrictions on Tritium Tsinghai and Sikang; Sinkiang; Tibet; Philadelphia...... 6A Apr. 23,1973 Exports Cleveland...... 6 A Do. the former Kwantung Leased Territory; Richmond...... 6 A Do. the present Port Arthur Naval Base Area Atlanta...... 6 A Do. The Comjnission has amended regula­ Chicago...... 6A Apr. 27,1973 tion 10 CFR part 36, Export and Import and Liaoning Province); North Korea; St. Louis...... 6 A Do. of Byproduct Material, to reduce the re­ Communist-controlled area of Vietnam; Minneapolis...... 6A Apr. 23,1973 Kansas City...... 6 A Do. strictions on export, under general li­ and Cuba. No single shipment of tritium Dallas...... 6A Apr. 27,1973 cense, of tritium in labeled organic com­ in labeled organic compounds exported San Francisco...... 6A Do. pounds to certain Soviet bloc countries. pursuant to the general license of this This action was taken in response to a paragraph shall exceed 100 curies. 3. Section 201.53 is amended to read as petition for rulemaking by New England * * * * * follows: Nuclear Corp. The effect of the amend­ ment is to permit the export, under gen­ (Sec. 161, 68 Stat. 948; 42 U.S.C. 220.) § 201.53 Advances to persons other than eral license, of tritium in labeled organic Dated at Germantown, Md., this 9th member banks. compounds, without restriction as to the day of May 1973. The rates for advances under the last specific amount of tritium in the com­ paragraph of section 13 of the Federal pound, to the specified Soviet bloc coun­ For the Atomic Energy Commission. Reserve Act to individuals, partnerships, tries. The restriction of 10 curies of trit­ Gordon M. G rant, or corporations other than member banks Acting Secretary secured by direct obligations of, or obli­ ium in a single shipment has been re- gations fully guaranteed as to principal P aced by a restriction of 100 curies per of the Commission. and interest by, the United States or any shipment. [FR Doc.73-9592 Filed 5-14-73;8:45 am] agency thereof are:

FEDERAL REGISTER, V O L 38, NO . 93— TUESDAY, M A Y 15, 1973 12734 RULES AND REGULATIONS

(A) Within 1200 hours time in service after L u f k i n , T e x . Federal Reserve Bank of— Rate Effective the effective date of this AD, for those air­ craft not operated in flight more than 30 That airspace extending upward from 700 ft above the surface within 8 miles east and Boston1___ i______W*. May 1,1973 minutes flight time to a landing at a suitable New York______7% May 4,1973 airport as defined in FAR 121.197. 5 miles west of the Lufkin VOR 157° radial, Philadelphia______7% Apr. 23,1973 (B) Within 300 hours time in service after extending from the VOR to 12 miles south­ Cleveland______7J4 Do. east; within 5 miles each side of the Lufkin Richmond1______7% Do. the effective date of this AD, for those air­ VOR 337° radial extending from the VOR to Atlanta1______7% Do. craft operated in flight more than 30 minutes Chicago1...... 7Ji Apr. 27,1973 flight time to a landing at a suitable air­ 11 miles northwest and within 2 miles each St. Louis1______7j| ' Do. port as defined in FAR 121.197. side of the 254° bearing from the Angelina Minneapolis1______7% Apr. 23,1973 To prevent hydraulic fluid loss in the County Airport (lat. 31°14'05” N., long. Kansas City1______7% Do. 94°45'00" W„ extending to 6 miles west of Dallas»...... 7M. Apr. 27,1973 rudder standby power hydraulic system loops San Francisco______>,__ 7M Do. » from inducing an additional failure in an the airport. adjacent second hydraulic system and to Issued in Fort Worth, Tex., on May 3, 1 A rate of 5M percent was approved, effective on the maintain flight control system margin capa­ 1973. indicated dates on advances to nonmember banks, to be bility, accomplish the following: applicable in special circumstances resulting from imple­ 1. Install restrictors in the inlet to the (Sec. 307(a), Federal Aviation Act of 1958, 49 mentation of changes in Regulation J (see 37 FR 12714). motor side of the nonreversible motor pumps U.S.C. 1348; sec. 6(c), Department of Trans­ (12 U.S.C. 248(1). Interprets or applies 12 per McDonnell Douglas service bulletin 29- portation Act, 49 U.S.C. 1655(c).) U.S.C. 357.) 40, dated January 9, 1973, or later FAA-ap- proved revisions or an equivalent modifica­ R. V. R eynolds, By order of the Board of Governors, tion approved by the Chief, Aircraft Engi­ Director, April 20, 1073. neering Division, FAA, Western Region. Southwest Region. 2. Modify hydraulic piping in the 2-1 non­ [ sealJ T ynan S mith, [FR Doc.73-9544 Filed 5-14-73;8:45 am] reversible motor pump system per McDonnell Secretary of the Board. Douglas service bulletin 29-46, dated March [FR Doc.73-9441 Filed 5-14-73;8:45 am] 9, 1973, or later FAA-approved revisions or [Airspace Docket No. 73-WE-2] an equivalent modification approved by the Chief, Aircraft Engineering Division, FAA, PART 71— DESIGNATION OF FEDERAL Title 14— Aeronautics and Space AIRWAYS, AREA LOW ROUTES, CON­ CHAPTER I— FEDERAL AVIATION ADMIN­ Western Region. TROLLED AIRSPACE, AND REPORTING ISTRATION, DEPARTMENT OF TRANS­ 3. In order to prevent nonreversible motor POINTS PORTATION pump cavitation, install a system approved by the Chief, Aircraft Engineering Division, PART 75— ESTABLISHMENT OF JET [Airworthiness Docket No. 73-WE-5-AD; Arndt. 39-1638] FAA Western Region, to provide inflight capa­ ROUTES AND AREA HIGH ROUTES bility to shut off hydraulic flow to motor Alteration of VOR Federal Airways and Jet PART 39— AIRWORTHINESS DIRECTIVES side of the nonreversible motor pumps. Routes McDonnell Douglas Model DC-10-10, (Secs. 313(a), 601, 603, Federal Aviation Act On February 23, 1973, a notice of pro­ DC-10-30, DC—10—30F, DC-10-40 of 1958 49 U.S.C. 1354(a), 1421, and 1423 sec. Airplanes posed rulemaking (NPRM) was pub­ 6(c), Department of Transportation Act 49 lished in the F ederal R egister (38 FR There have been incidents wherein U.S.C. 1655(c).) 4981) stating that the Federal Aviation fluid loss in one hydraulic system, has in­ Administration (FAA) was considering duced a failure in a second hydraulic This amendment becomes effective amendments to Parts 71 and 75 of the system. The cause of the second failure May 15,1973. Federal Aviation regulations that would has been determined to be mechanical Arvin O. B asnight, revoke Victor Airway 264 between Parker, vibration resulting from cavitation of the Director, Calif., and Prescott, Ariz., and alter J-4, rudder nonreversible motor pumps. An FAA Western Region. J-10, J-50, J-104, and J-134 in the Los additional failure in the remaining Issued in Los Angeles, California on Angeles and Albuquerque Air Routes hydraulic system following the dual fail­ May 4,1973. Traffic Control Centers’ areas. ure can result in loss of flight control [FR Doc.73-9641 Filed 5-14-73;8:45 am] Interested persons were afforded an capability of the airplane. opportunity to participate in the pro­ Since this condition is likely to exist or posed rulemaking through the submis­ develop in other airplanes of the same [Airspace Docket No. 73-SW-18] sion of comments. All comments received design, an airworthiness directive (AD) PART 71— DESIGNATION OF FEDERAL were favorable. is being issued to require modifications to AIRWAYS, AREA LOW ROUTES, CON­ In consideration of the foregoing, parts the hydraulic system to minimize the TROLLED AIRSPACE, AND REPORTING 71 and 75 of the Federal Aviation regu­ possibility of a dual failure occuring in POINTS lations are amended, effective 0901 the aircraft hydraulic systems. Alteration of Transition Area G.m.t., July 19, 1873, as hereinafter set Compliance times differ in the AD, forth. based upon the type of aircraft operation. The purpose of this amendment to Section 71.123 (38 FR 307) is amended The agency has determined that the part 71 of the Federal Aviation regula­ as follows: capability for aircraft to land at a suit­ tions is to alter the Lufkin, Tex., transi­ m V-264 “Parker, Calif.; 35 miles, 60 able airport without undue exposure to tion area. miles, 95 MSL, Prescott, Ariz.;” is deleted further difficulty is significant. On March 21,1973, a notice of proposed and “Parker, Calif. From Prescott, Ariz.; is substituted therefor. Since a situation exists that requires rulemaking was published i n the F ederal immediate adoption of this regulation, it Section 75.100 (38 FR 681) is amended is found that notice and public procedure R egister (38 FR 7401) stating the Fed­ as follows: hereon are impractical and good cause eral Aviation Administration proposed 1. In J-4 “From Los Angeles, Cam., exists for making this amendment effec­ to alter the Lufkin, Tex., transition area. srta Ontario, Calif.; intersection of the tive in less than 30 days. Interested persons were afforded an op­ Ontario 093° and the Blythe, Calif 282 radials; Blythe; intersection Blythe 09b In consideration of the foregoing, and portunity to participate in the rulemak­ and Casa Grande, Ariz., 294° radials. pursuant to the authority delegated to ing through submission of comments. All Casa Grande;” is deleted and “From Los me by the Administrator (31 PR 13697) comments received were favorable. section 39.13 of part 39 of the Federal Angeles, Calif., via intersection of Aviation regulations is amended by add­ In consideration of the foregoing, part Angeles 083° and Twentynine Paims- ing the following airworthiness directive: 71 of the Federal Aviation regulations is Calif., 269° radials; Twentynine Palma, amended, effective 0901 G.m.t., July 19, intersection of Twentynine P a l m s M cD o n n e l l D o u g l a s . Applies to model DC- and Casa Grande, Ariz., 299° radiais, 10- 10, DC-10-30, DC—10-30F, and DC- 1973, as hereinafter set forth. Casa Grande”; is substituted therefor. 10-40 airplanes. Compliance required as follows unless al­ § 71.181 (38 FR 435), the Lufkin, Tex., 2. In J-10 “From Los Angeles, Cam, ready accomplished: transition area is amended to read: via Ontario, Calif., intersection of 1

FEDERAL REGISTER, V O L 38, NO . 93— TUESDAY, M A Y 15, 1973 RULES AND REGULATIONS 12735

Ontario 093° and Parker, Calif., 261° This reduction of restricted airspace is to change the titles of restricted areas radiais; Parker; Prescott, Ariz.;” is de­ a minor amendment in which the public R-5107A, B, C, D, E, F and G, R-5109A leted and “From Los Angeles, Calif., via is not particularly interested, therefore, and B, and R-5116A and B; and to intersection Los Angeles 083° and Twen­ notice and public procedure hereon are change the time of designation for re­ tynine Palms, Calif., 269° radiais; Twen- unnecessary. However, in order to make stricted areas R-5111A and R-5111B. tynine Palms; intersection of Twentynine the unneeded airspace available to the The titles assigned to restricted areas Palms 075° and Prescott, Ariz., 262° public as soon as possible, the amend­ R-5107A, B, C, D, E, F, and G, R^-5109A radiais; Prescott;” is substituted there­ ment may be effective in less than 30 days and B, and R-5116A and B are now re­ for. notice. corded in part 73 of the Federal Aviation 3. In J-50 “From San Simon, Ariz., via” In consideration of the foregoing, part regulations as either White Sands Prov­ is deleted and “From Los Angeles, Calif., 73 of the Federal Aviation regulations is ing Grounds, N. Mex., or White Sands, via Ontario, Calif; intersection Ontario amended, effective May 15, 1973. N. Mex. The USAF has requested that all 093° and Blythe, Calif. 282° radiais; In § 73.32 (38 FR 648 and 1273) rer of the titles be changed to White Sands Blythe; intersection Blythe 096° and Gila stricted area R-3202, Sailor Creek, Missile Range, N. Mex. The titles of the Bend, Ariz., 299° radiais; Gila Bend; Idaho, is amended as follows: restricted areas will then be the same as Casa Grande, Ariz.; San Simon, Ariz.;” R-3202 S ailor Creek, Idaho that of the facility with which they are is substituted therefor. associated. 4. In J-104 “From Blythe, Calif., via STJBAREA A The time of designation for R-5111A intersection Blythe 096° and Gila Bend, Boundaries.—Beginning at latitude 42°53'- Elephant Butte, N. Mex. (East) and Ariz., 299° radiais; Gila Bend,” is deleted 00" N., longitude 115°42'20" W.; to latitude R-511 IB Elephant Butte, N. Mex. (West) 42°53'00" N., longitude 115°24'15" W4 to now shows these restricted areas to be and “From Los Angeles, Calif., via inter­ latitude 42°36'00" N., longitude 115°24'15" section Los Angeles 083° and Twentynine W4 to latitude 42°36'00" N., longitude 115°- continuously active following issuance Palms, Calif., 269° radiais; Twentynine 42'20" W.; to point of beginning. of a NOTAM by the using agency. Palms; intersection Twentynine Palms Designated altitudes.—Surface to flight NOTAM issuance is in fact made by the 103° and Gila Bend, Ariz., 312® radiais; level 180. controlling agency at the request of the Gila Bend;” is substituted therefor. Time of designation.—Sunrise to 8 hours using agency. The USAF has therefore 5. In J-134 “From Los Angeles, Calif., after sunset, Monday through Friday. asked that the time of designation be Controlling agency.—FAA, Salt Lake ARTC corrected. via Ontario, Calif.; intersection of the Center. Ontario 093° and the Parker, Calif., 261° Using agency.—Commander, 366th Tactical Since this amendment is minor in radiais; Parker; Prescott, Ariz., intersec­ Fighter Wing, Mountain Home AFB, Idaho. nature and is one in which members tion Prescott 084° and Gallup, N. Mex., of the public are not particularly inter­ 246° radiais; Gallup;” is deleted and SUBAREA B ested, notice and public procedure there­ “From Los Angeles, Calif., via intersec­ Boundaries.—Beginning at latitude 42°36'- on are unnecessary. tion Los Angeles 083° and Twentynine 00" N., longitude 115°37'00" W.; to latitude In consideration of the foregoing, part 42°36'00" N., longitude 115°30’00" W.; to 73 of the Federal Aviation regulations Palms, Calif., 269° radiais; Twentynine latitude 42°33'00" N., longitude 115°30'00" Palms; intersection of Twentynine Palms to latitude 42°33'00" N., longitude 115°- is amended, effective 0901 G.m.t., 075° and Parker, Calif., 062° radiais; in­ 37'00" W.; to point of beginning. July 19, 1973, as hereinafter set forth. tersection Parker 062° and Winslow Designated altitudes.—Surface to 14,000 ft In § 73.51 (38 FR 658; 1923): Ariz., 265° radiais; Winslow; Gallup, N. MSL. 1. Amend the title of Rr-5107A, Mex.;” is substituted therefor. Time of designation.—Sunrise to 8 hours R-4>107B, R-5107C, R-5107D, R-5107E, after sunset, Monday through Friday. (Sec. 307(a), Federal Aviation Act of 1958, Controlling agency.—FAA, Salt Lake City R-5107F, and R-5107G by deleting the 49 UJB.C. 1348(a); sec. 6(c), Department of ARTC Center. words “White Sands Proving Grounds, Transportation Act, 49 TJ.S.C, 1655(c).) Using agency.—Commander, 366th Tactical Fighter Wing, Mountain Home AFB, Idaho, N. Mex.” and substituting “White Sands Issued in Washington, D.C., on May 4, Missile Range, N. Mex.” therefor. 1973. subarea c 2. Amend the tilde of R-5109A and Charles H. N ewpol, Boundaries.—Beginning at latitude 42 °- R-5109B by deleting the words “White Acting Chief, Airspace and 33'00" N. longitude 115°37'00" W.; to lati­ tude 42°33'00" N., longitude 115°30'00" W.; Sands, N. Mex.” and substituting “White Air Traffic Rules Division. to latitude 42°07'00" N., longitude 115°30'00" Sands Missile Range, N. Mex.” therefor. IFR Doc.73-9547 FUed 5-14-73;8:45 am] W.; to latitude 42°07'00" N., longitude 3. Amend the time of designation fdr 115°37'00" W.; to point of beginning. Designated altitudes.—Surface to 11,000 R-5111A Elephant Butte, N. Mex. [Airspace Docket No. 73-NW-14] ft MSL. (East) and R-511 IB Elephant Butte, PART 73— -SPECIAL USE AIRSPACE Time of designation.—Sunrise to 8 hours N. Mex. (West) by deleting “* * * Con­ after sunset, Monday through Friday. tinuous, following issuance of NOTAM Alteration of Restricted Area Controlling agency.—FAA, Salt Lake City The purpose of this amendment to ARTC Center. by using agency at least 12 hours in part 73 of the Federal Aviation regula­ Using agency.—Commander, 366th Tactical advance * * *.” and substituting “* * * tions is to consolidate and reduce the vol­ Fighter Wing, Mountain Home AFB, Idaho. As published by NOTAM at least 12 ume of restricted area Rr-3202, Sailor (Sec. 307(a) Federal Aviation Act of 1958, hours in advance * * *.” therefor. Creek, Idaho. Additionally, minor 49 U.S.C. 1348(a); sec. 6(c), Department of 4. Amend the title of R-5116A and R- changes in description, resulting from Transportation Act, 49 U.S.C. 1655(e).) 5116B by deleting the words “White consolidation of the airspace, are ef­ fected. Issued in Washington, D.C., on May 7, Sands Proving Grounds, NM.” and sub­ The Department of the U.S. Air Force 1973. stituting “White Sands Missile Range, has requested that subarea A of R-3202 C harles H. N e w po l , N. Mex.” therefor. oe incorporated into subarea B and that Acting Chief, Airspace and Air (Sec. 307(a), Federal Aviation Act of 1958, the consolidated area be designated as Traffic Rules Division. 49 U.S.C. 1348(a) ; sec. 6(c), Department of subarea A. Previously designated sub- [FR Doc.73-9545 Filed 5-14-73;8:45 am] areas C and D would then be redesig­ Transportation Act, 49 UJ3.C. 1655(c).) nated as subareas B and C respectively. Issued in Washington, D.C., on May 3, The upper altitude limit of the new sub- [Airspace Docket No. 73-WA-21] 1973. wou^ be lowered from flight level PART 73— SPECIAL USE AIRSPACE Charles H. N ewpol, Z40 to flight level 180 thereby reducing Acting Chief, Airspace and the overall volume of special use airspace Alteration of Restricted Areas and releasing this airspace for use by The purpose of this amendment to part Air Traffic Rules Division. nonparticipating aircraft. 73 of the Federal Aviation regulations is [FR Doc.73-9546 Filed 5-14-73; 8:45 am]

FEDERAL REGISTER, V O L 38, NO . 93— TUESDAY, M A Y 15, 1973 12736 RULES AN D REGULATIONS

Title 15— Commerce and Foreign Trade 3. Paragraph (c) is changed to provide Card, Customs Form 7309, providing it CHAPTER III— DOMESTIC AND INTERNA­ that if the port of departure is not a U.S. contains all of the data and is in the TIONAL BUSINESS ADMINISTRATION, Customs port, the executed Flight Veri­ same format as Customs form 7309 and DEPARTMENT OF COMMERCE fication Card,. Customs Form 7309-A, prior Bureau of Customs approval has shall be delivered to the district director been obtained. CHANGE IN CHAPTER HEADING nearest the final U.S. port of departure. (b) If bonded fuel covered by a par­ To implement the provisions of De­ 4. Paragraph (f) is changed by ex­ ticular warehouse entry cannot be with­ partment of Commerce Organization tending the time allowed to sign and re­ drawn within 90 days after the date of Order 10-3, as amended (37 FR 25555, turn the certificate of use and reconcilia­ entry, a withdrawer may request one or 38 FR 4278), which was effective Novem­ tion of discrepancies from 30 days to 60 more extensions of 30 or 60 days in ber 17,1972, chapter III of title 15 of the days. It further provides that Customs order to postpone receipt of the consoli­ Code of Federal Regulations, presently Form 7309 is not required with a duty- dated report sent to him for response titled “Bureau of International Com­ paid withdrawal filed in connection with pursuant to paragraph (f) of this sec­ merce,” is changed to read as set forth the reconciliation. Oil import licenses will tion. The withdrawer shall use a copy above. be charged when appropriate. of Customs form 7309 for this purpose, 5. A new paragraph (g) is inserted noting over his signature the region- Lawrence A. Fox, stating the language to be used on the district-port code number, the ware­ Acting Assistant Secretary for certificate of use. house or rewarehouse entry number, and Domestic and International 6. Paragraphs (g) and (h) have been the extension requested. The withdrawer Business. redesignated as (h) and (i) reflecting shall file the original completed form May 3,1973. the insertion of new paragraph (g). with the district director at the port of [PR Doc.73-9587 Piled 5-14-73;8:45 am] 7. The extension period in redesignated withdrawal. paragraph (h) has been changed from a (c) When imported fuel withdrawn 30-day to a 60-day period to conform under section 309 of the Tariff Act of Title 19— Customs Duties with the change in paragraph (f). 1930, as amended (19 U.S.C.’ 1309), is CHAPTER I— BUREAU OF CUSTOMS, 8. Several other minor editorial laden on a qualified U.S.-registered air­ DEPARTMENT OF THE TREASURY changes have been made. craft which departs directly for a foreign PART 10— ARTICLES CONDITIONALLY Accordingly, § 10.64a is added to part country or for a possession of the United FREE, SUBJECT TO A REDUCED RATE, 10 of the Customs regulations, chapter States from a port where it is not other­ ETC. I, title 19 of the Code of Federal Regula­ wise required to clear Customs, an au­ Duty Free Fuel for Aircraft— Customs tions, and is hereby adopted as set forth thorized representative of the carrier Regulations Amended below. shall file an executed Flight Verification Card, Customs form 7309-A, in dupli­ On August 4, 1972, a notice of pro­ Effective date.—This amendment shall cate, with the district director at the posed rulemaking was published in the become effective August 1,1973. port of departure within 48 hours after F ederal R egister (37 FR 15707), pro­ [seal] Vernon D. Acree, departure. If the port of departure is posing to add § 10.64a to part 10 of the Commissioner of Customs. not a U.S. Customs port, the executed Customs regulations. This section pro­ Flight Verification Card, Customs form vides for a new Customs Form 7309, Approved May 8,1973. 7309-A, shall be delivered to the dis­ Bonded Fuel Control Card, to be filed by Edward L. Morgan, trict director at the Customs port near­ the withdrawer of bonded fuel with the Assistant Secretary est the final U.S. port of departure. District Director of Customs when bond­ of the Treasury. (d) In the case of an aircraft of U.S. ed fuel is withdrawn from a Customs Part 10 of chapter I, title 19, Code of registry arriving in the United States warehouse for use in international flights Federal Regulations, is amended by add­ froni a foreign country or from a pos­ of aircraft. Customs sends a consolidated ing § 10.64a to read as follows: session of the United States and fueling report to the withdrawer, who then files with bonded fuel for use on the remain­ a documented reconciliation of all dis­ § 10.64a Bonded fuel laden as aircraft ing leg(s) of a qualified flight to a U.S. crepancies thereon. This procedure will supplies. destination for which a permit to proceed enable Customs to maintain a more ac­ (a) In addition to other provisions of is not required, an authorized represent­ curate control over bonded fuel used by the regulations fdr the withdrawal of ative of the carrier shall file an executed aircraft in international flights. bonded fuel, for each fueling of an air­ Flight Verification Card, Customs Form After consideration of all comments re­ craft with fuel withdrawn from a Cus­ 7309-A, in duplicate, with the district ceived the following changes are made toms bonded warehouse without payment director at the U.S. port of destination in the proposed § 10.64a: of duty and internal revenue tax under (termination) of the flight within 48 1. Paragraph (a) is changed as follows: section 309 of the Tariff Act of 1930, as hours after the arrival of the aircraft at Withdrawers need not file a Bonded amended (19 U.S.C. 1309), or for each that port. If the port of destination is Fuel Control Card, Customs Form 7309, duty-paid and tax-paid withdrawal, ex­ not a U.S. Customs port of entry, the in connection with a reconciliation of the cept duty-paid withdrawals filed in con­ executed flight verification card, in dupli­ consolidated record for duty-paid with­ nection with a reconciliation of the cate, shall be filed within the 48 hours drawals. consolidated report (see paragraph (f) with the district director at the Customs The withdrawer must file the Bonded of this section), or for any other type of port of entry nearest the U.S. port of Fuel Control Card, Customs Form 7309, withdrawal of fuel including transfer of destination. within 15 days after date of withdrawal a quantity of bonded fuel covered by the (e) When imported fuel withdrawn rather than daily or at such times as the same warehouse entry, the person mak­ under section 309 of the Tariff Act of district director may direct. Upon re­ ing the withdrawal or his designated 1930, as amended (19 U.S.C. 1309), is quest by the withdrawer, for good cause agent shall prepare, in duplicate, and laden on a U.S.-registered aircraft which shown, the district director may extend sign a Bonded Fuel Control Card, Cus­ departs without clearing under a permit the time for filing up to 21 days. toms Form 7309. The withdrawer shall to proceed from Puerto Rico for the U-S. A copy of the fuel sales ticket may be file with the district director the exe­ mainland, an authorized representative used in place of the Bonded Fuel Control cuted Bonded Fuel Control Card, Cus­ of the carrier shall file an ex®®11"” Card, Customs Form 7309, if it contains toms Form 7309, within 15 days after the Flight Verification Card, Customs Form all of the data and is in the same format date of the transaction. Upon request of 7309-A, in duplicate, with the distric as the said form and prior Customs ap­ the withdrawer, for good cause shown, director at the U.S. port of destination proval has been granted. the district director may extend the (termination) of the flight within * 2. Paragraph (b) is changed by insert­ time for filing up to 21 days after the hours after the arrival of the aircra ing “30 or” before “60 days” in reference date of the respective transaction. A at that port. If the port of destinatio to requests to Customs to postpone the copy of the fuel sales ticket may be is not a U.S. Customs port of entry, t consolidated report. used in place of the Bonded Fuel Control executed flight verification card, in u "

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 RULES AND REGULATIONS 12737 plicate, shall be filed within the 48 hours Title 21— Food and Drugs sanctioned ingredients used in food pack­ with the district director at the Customs CHAPTER I— FOOD AND DRUG ADMINIS­ aging which are in contact with food, and port of entry nearest the U.S. port of TRATION, DEPARTMENT OF HEALTH, consequently may become an indirect destination. EDUCATION, AND WELFARE adulterant of food, are not excluded from (f) Within 60 days after the date of regulation under section 402 of the act. mailing or personal delivery to a with- SUBCHAPTER B— FOOD AND FOOD PRODUCTS 3. Expansion of subpart E under part drawer of two copies of the consolidated PART 121— FOOD ADDITIVES 121 is intended to provide a listing of all report of all withdrawals under a given Subpart E— Prior-Sanctioned Food known prior-sanctioned food ingredients. warehouse entry, the withdrawer shall Ingredients Whether a food ingredient is used as a result of a determination that it is GRAS, sign the Certificate of .Use on one copy A proposal was published in the F ed­ of the report, return it to the district or pursuant to a food additive regulation, eral R eg ister of August 12, 1972 (37 FR director together with a satisfactory 16407) to provide for regulation of prior- or as a result of a prior sanction, the documented reconciliation of all discrep­ sanctioned ingredients by revising the basis for such use should be a matter of ancies, and file a duty-paid withdrawal public record. Accordingly, the Food and for any of the fuel not properly ac­ title of subpart E of the food additive Drug Administration will publish in this counted for. The other copy of the con­ regulations and establishing general pro­ subpart all known prior-sanctioned di­ solidated report shall be retained by the visions applicable to prior-sanctioned in­ rect and indirect food ingredients and withdrawer. A Customs Form 7309 is not gredients. any subsequent limitations placed upon required with a duty-paid withdrawal, Four comments were received in re­ the use of the ingredient when scientific Customs Form 7505, filed in connection sponse to this proposal. All four com­ data justifies such limitations. It is ac­ with the reconciliation. Oil import li­ ments were primarily Concerned with the knowledged that not all known prior- censes shall be charged when appro­ legality of regulating prior-sanctioned sanctions are presently listed in this sub­ priate. food ingredients and with providing pro­ part. This will be remedied by publica­ cedural safeguards within the proposed (g) The certificate of use shall read as tion of the prior-sanction status of those regulation. Specific comments were that ingredients supplied in response to the follows: s the exemption from food additive status Food and Drug Administration’s request I hereby certify that the fuel Indicated of prior-sanctioned ingredients set forth for information on prior sanctions (35 above, with the exceptions as noted, (1) was in the Federal Food, Drug, and Cosmetic FR 5810) and as requests for affirmation laden for use as supplies for aircraft oper­ Act section 201 (s) (4) cannot be changed of the safety of prior-sanctioned ingredi­ ated by the United States, or (2) was laden as set forth in the proposal; that absence aboard an aircraft registered In the United ents are acted upon. States and, as reported to us by the respec­ from listing under subpart E of 21 CFR 4. The respondents requesting pro­ tive airline, actually engaged In foreign trade part 121 cannot affect the prior-sanc­ cedural safeguards to permit submission or trade between the United States and any tioned status of food ingredients; that of additional evidence of safety prior to of its possessions, or (3) was laden for use food packaging materials employing any Food and Drug Administration pro­ as supplies for an aircraft registered in any prior-sanctioned ingredients cannot be foreign country where trade by foreign air­ posal to place limitations on the use of a considered food under section 402(a) (1) prior-sanctioned ingredient, is not feasi­ craft is permitted, entitled to the reciprocal of the act; and that procedural safe­ privileges as provided in section 309(d) of ble. The F004 and Drug Administration the Tariff Act of 1930, as amended (19 U.S.C. guards permitting opportunity to submit does not have a file of all users of prior- 1309 (d)), and, as reported to us by the re­ additional evidence of safety of prior- sanctioned ingredients. It is suggested spective airlines, actuaUy engaged in foreign sanctioned ingredients before a proposal that anyone who has significant safety trade or trade between the United States and to change its status, and a 60-day com­ information on a prior-sanctioned in­ any of its possessions, or (4) was laden ment period and opportunity for public gredient submit such evidence to the aboard foreign military aircraft in accord­ hearing, should be included in the reg­ Food and Drug Administration now, or ance with item 841.20 of the Tariff Schedules ulation for any proposed or final regula­ of the United States (19 U.S.C. 1202), on the as it becomes available to them, or as they basis of reciprocity. tions generated from review of prior- request affirmation of the safety of the (h) The district director, upon written sanctioned ingredients. prior-sanctioned ingredients. Publication application, may extend the 60-day pe­ Having evaluated the comments and of a proposal to place limitations on the riod for the filing of the documents and other relevant information, the Commis­ use of a prior-sanctioned ingredient will, any deposit of duties required under par­ sioner concludes as follows: in any event, provide for submission of agraph (f) of this section, if the dis­ 1. There is no merit to the argument such information. trict director is satisfied that the with- that prior-sanctioned food ingredients The request for other procedural safe­ thawer has been or will be prevented by are exempt from safety evaluation under guards, including statements that inter­ circumstances beyond his control from the adulteration provisions of the act. ested persons may comment within 60 “ling the documents and depositing the such ingredients are poisonous or del- days upon publication of any proposal to duties within the 60-day period. definition of “food additive” under sec­ change the regulatory status of a prior- rro PurP°ses of this section, a tion 201 (s) (4) of the act but are sub­ sanctioned ingredient and adversely U.S.-registered aircraft chartered and ject to all the requirements of section affected persons may have a right to re­ operated by a foreign airline shall be 402. Subpart E, as promulgated by this quest a hearing on any consequent final deemed to be a foreign-registered air- order, will incorporate the Commission­ order, are governed by the provisions of f£a i T^e country of registry (flag) of er’s determinations with respect to the the act and the Administrative Procedure wie aircraft shown on the Bonded Fuel safety of prior-sanctioned ingredients in Act. The Commissioner is presently con­ control Card, Customs Form 7309, shall accordance with section 402 of the act. sidering a revision of all Food and Drug oe the country code of the foreign 2. Section 701(a) of the act is sufficient Administration procedural regulations, airline. legal authority to permit promulgation of which will deal with these matters with if??: 3°9>J16 Stat. 690, as amended; 19 U.S.' regulations determining the safety of respect to all regulations issued under rqa * R S- 251» 85 amended, sec. 309, 46 Sta prior-sanctioned direct and indirect food section 701(a) of the act. 1624 J60' 624’ 46 Stat' 7591 19 U-S-C- 66* 130 ingredients, including a finding that any Therefore, pursuant to provisions of such ingredients are poisonous or del­ the Federal Food, Drug, and Cosmetic [PR Doc.73-9600 Piled 5-14-73;8:45 am] eterious adulterants of food. Prior- Act (secs. 201 (s), 409, 701(a), 52 Stat.

FEDERAL REGISTER, VO L, 38, N O . 93— TUESDAY, M A Y 15, 1973 12738 RULES AND REGULATIONS

1055 and 72 Stat. 1784-88, as amended; the Federal Food, Drug, and Cosmetic SUBCHAPTER F— REGULATIONS UNDER SPE 21 U.S.C. 321(s) , 348, 371(a)) and under Act (sec. 409(c)(1), 72 Stat. 1786; 21 CIFIC ACTS OF CONGRESS OTHER THAN THE authority delegated to the Commissioner U.S.C. 348(c) (1)) and under authority FEDERAL, FOOD, DRUG, AND COSMETIC ACT <21 CFR 2,120), subpart E of part 121 is delegated to the Commissioner (21 CFR PART 295— REGULATIONS UNDER THE amended as follows: 2.120), part 121 (21 CFR part 121) as POISON PREVENTION PACKAGING ACT 1. The title of subpart E is revised to amended in § 121.2514 in paragraph (b) OF 1970 read, “Subpart E—Prior-Sanctioned (3) (xx) by revising the item beginning Modification of the Testing Procedure for Food Ingredients,” “Butyl acrylate - styrene - methacrylic Special Packaging 2. Section 121,2001 is redesignated as acid-hydroxyethyl methacrylate copoly­ In the F ederal R egister of January 15 § 121.2005 and a new § 121.2000 is added mers * * to read as follows: 1973 (38 FR 1510), the Commissioner of to read as follows: § 121.2514 Resinous and polymeric coat­ Food and Drugs proposed to modify the § 121.2000 General. ings. testing procedure for special packag­ ♦ * ♦ * * ing (21 CFR 295.10(a)(3)) to change (a) An ingredient whose use in food or (b) * * * the definition of a unit packaging test food packaging is subject to a prior sanc­ (3) * * * failure to any child who opens or gains tion or approval within the meaning of (xx) * * * access to the number of individual units section 201(s)<4) of the act is exempt which constitute the amount that may from classification as a food additive. * * * * * produce serious personal injury or seri­ The Commissioner will publish in this Butyl acrylate-styrene-methacrylic acid- ous illness, or a child who opens or gains hydroxyethyl methacrylate copolymers con­ subpart all known prior sanctions. Any taining no more than 20 weight percent of access to more than 8 individual units, interested person may submit to the total polymer units derived from meth­ whichever number is lower. At that time! Commissioner a request for publication acrylic acid and containing no more than the maximum number of individual units 7 weight percent of total polymer units constituting a test failure was more than of a prior sanction, supported by evi­ derived from hydroxyethyl methacrylate; 5. dence to show that it f aHs within section for use only in coatings or surface repair Three comments were received in re­ 201 (s) (4) of the act. coatings that are applied by electrodepo­ sponse to the proposal. A pharmaceu­ sition to metal substrates as follows : (b) Based upon scientific data or in­ 1. In coatings that are Intended for con­ tical manufacturer and a pharmaceutical formation that shows that use of a prior- tact with food containing no more than 8 trade association support the proposal and a city government agency does not sanctioned food ingredient may be in­ percent alcohol under conditions of use D, E, F, or G described in table 2 of § 121.2514 The city government agency fears jurious to health, and thus in violation (d ) . that the modification will reduce the of section 402 of the act, the Commis­ 2. In surface repair coatings, provided that degree of child protection provided by the repaired surface area In contact with special packaging because although the sioner will establish or amend an appli­ food does not exceed 3 percent of the sur­ cable prior sanction regulation to impose face area of the container part being re­ amount of substance which would pro­ paired. duce serious injury or illness prevails whatever limitations or conditions are in establishing the number of units con­ necessary for the safe use of the ingredi­ * * * * * stituting a test .failure, determining this ent, or to prohibit use of the ingredient. Any person who will be adversely af­ amount for all children is difficult due Effective date.—This regulation shall fected by the foregoing order may at any to varying factors such as age and medi­ become effective June 14,1973. time on or before June 14, 1073, file with cal history. the Hearing Clerk, Department of The ’Commissioner, however, previ­ (Secs. 201 (s), 409, 701(a), 52 Stat. 1055 and Health, Education, and Welfare, room 6- 72 Stat. 1784-1788, as amended; 21 U.S.C. ously acknowledged that variables exist 321(s), 348, 371(a).) 88, 5600 Fishers Dane,- Rockville, Md. in establishing the amount of substance 20852, written objections thereto. Ob­ which would produce serious injury or Dated May 10,1973. jections shall show wherein the person illness. Accordingly, § 295.10(a)(3) (21 S am D. F ine, filing will be adversely affected by the or­ CFR 295.10) specifies that the determi­ Associate Commissioner der, specify with particularity the provi­ nation of such amount shall be based on for Compliance. sions of the order deemed objectionable, and state the grounds for the objections. a 25-pound child. This weight repre­ [FR Doc.73-9621 Filed 5-14-73;8:45 am] If a hearing is requested, the objections sents the average 2-year-old child, the shall state the issues for the hearing, age most prone to accidental ingestions. PART 121— FOOD ADDITIVES shall be supported by grounds factually The present maximum test failure level and legally sufficient to justify the relief Subpart F— 'Food Additives Resulting From of 5 was established to provide the pack­ sought, and shall include a detailed de­ aging industry with parameters within Contact With Containers or Equipment scription and analysis of thé factual in­ and Food Additives Otherwise Affecting formation intended to be presented in which to develop unit packaging, but ft Food support of the objections in the event has been found to be unnecessarily re­ R esinous and P olymeric Coaxings that a hearing is held. Objections may be strictive and has thus tended to stifle The Commissioner of Food and Drugs, accompanied by a memorandum or brief industry initiative in this area. This is in support thereof. Six copies of all docu­ undesirable since unit packaging has the having evaluated data in a petition

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 RULES AND REGULATIONS 12739 amount that may produce serious per­ § 295.10 Testing procedure for special number is lower, during the full 10 min­ sonal injury or serious illness. packaging. utes of testing. * * *' Therefore, pursuant to provisions of (a) * * * * * * * * the Poison Prevention Packaging Act of (3) * * * In the case of unit pack­ Effective date.—This order shall be­ 1970 (secs. 2(4), 3, 5, 84 Stat. 1670- aging, however, a test failure shall be any come effective May 15,1973. 1672; 15 U.S.C. 1471(4), 1472, 1474) and child who opens or gains access to the under authority delegated to the Com­ number of individual units which con­ Dated May 8, 1973. missioner (21 CFR 2.120), “§ 295.10 Test­ stitute the amount that may produce Sam D. P ine, ing procedine for special packaging” is serious personal injury or serious illness, Associate Commissioner amended by revising the fifth sentence or a child who opens or gains access to for Compliance. of paragraph (a) (3) to read as follows: more than 8 individual units, whichever [FR Doc.73-9541 Filed 5-14-73;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-126] 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. Entries to the table published on December 27,1972, at 37 PR 28505, listed certain communities whose eligibility for the sale of flood insurance was being suspended on the date indicated in the entries, on the basis of the communities’ failure to adopt required land use and control measures consistent with 24 CFR part 1910 criteria. Hie community listed in this entry was so listed, but has submitted, prior to the indicated suspension date for the community, a copy of adopted measures which appear to correct previous disqualifying deficiencies. Therefore, the suspension of eligibility of the community listed in this entry has been withdrawn on the date indicated hereinbelow, and the community’s eligibility for the sale of flood insurance has been continued without interruption pending detailed review of submitted documents. The entry reads as follows: § 1914.4 Status of participating communities. * * * * * * * Texas...... Guadalupe...... Seguin, City of...... ;...... _ Apr. 15, 1973. Suspension • . withdrawn. Do...... Jefferson______Grilling Park, ...... Do. Town of. Do...------Matagorda______Palacios, City of______Do.

(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 U.S.C. 4001-4127; and secretary’s delegation of authority to Federal Insurance Administrator, 34 FR 2680, Feb. 27, 1969.) Issued May 7, 1973. George K. B ernstein, Federal Insurance Administrator. [FR Doc.73-9561 Filed 5-14-73;8:45 am]

No. 93—Pt. Jr FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M AY 15, 1973 12740 RULE5 AN D REGULATIONS

[Docket No. FI-125] 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 « 1 6 7 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. ♦ * * 4► * * - * Michigan...... Arenac...... ____Au Gres, Town- ...... ship-of. Emergency* Do...... ____Oscoda, Town- ...... ^ .. j Do* ship of...... Clayton, Borough______of. Onondaga...... Clay, Town of..______Do...... Ontario, Town of...... mgasuHimwa mg hhkwM ..,r\ . j r>n Pennsylvania__ Berks____ ...... Douglass, Town- ______.. _ _ Dn, ship of. Do...... Elk...... Bidgway, Town-...... : ._ . . . '::v .. , -, . ' ■ TV ship of. Do...... ____Elizabethtown, ...... Tin .Borough of. Do...... ___ Bo. Township of. Do______do___ __ UnDer Fairfield. __ Tin Township of.

(National Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (38 FR 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Daw 91—152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and secretary’s delegation of authority to Federal Insurance Administrator, 34 FR 2680, Feb. 27, 1969.) Issued May 7, 1973. George K. Bernstein, Federal Insurance Administrator. [FR Doc.73-9562 Filed 5-14-73; 8:45 am]

Title 26— Internal Revenue come therefrom, if such country exercises P ar. la. The following new sections are CHAPTER I— INTERNAL REVENUE SERV­ taxing jurisdiction over any such per­ added immediately after § 1.632-1, son, property, or activity engaged in ot ICE, DEPARTMENT OF THE TREASURY Continental Shelf Areas [T.D. 7277] related to either the exploration for, or exploitation of, such natural resources § 1.638 Statutory provisions; continental SUBCHAPTER A— INCOME TAX or the income therefrom. shelf areas. PART 1— INCOME TAX; TAXABLE YEARS On Wednesday, December 20, 1972, a Sec. 638. Continental Shelf areas. For pur­ BEGINNING AFTER DECEMBER 31, 1953 notice of proposed rulemaking was pub­ poses of applying the provisions of this chap­ SUBCHAPTER C— EMPLOYMENT TAXES lished in the Federal Register (37 FR'' ter (including sections 861(a) (8) and 862(a) 28068) containing amendments to the in­ (3) in the case of the performance of per­ PART 31— EMPLOYMENT TAXES; APPLI­ come tax regulations (26 CFR part 1) sonal services) with respect to mines, oil and CABLE ON AND AFTER JANUARY 1, 1955 and the employment tax regulations (26 gas wells, and other natural deposits— Definitions of the Terms “United States”, CFR part 31) to conform such regula­ (1) The term "United States” when used “Possession of the United States”, and in a geographical sense includes the seabed tions to the amendments to the Internal and subsoil of those submarine areas which “Foreign Country” Revenue Code of 1954 made by section are adjacent to the territorial waters of the By a notice of proposed rulemaking 505 of the Tax Reform Act of 1969 (83 United States and over which the United appearing in the Federal Register for Stat. 634). After consideration of all such States has exclusive rights, in accordance Wednesday, December 20, 1972 (37 FR relevant matter as was presented by in­ with international law, with respect to the 28068), amendments to the income tax exploration and exploitation of natural re­ regulations (26 CFR part 1) and the em­ terested persons regarding the rules pro­ sources; and posed, the following regulations are here­ (2) The terms “foreign country” and “pos­ ployment tax regulations (26 CFR part session of the United States” when used in 31) were proposed to conform such reg­ by adopted. a geographical sense include the seabed and ulations to the amendments to the In­ (Sec. 7805, Internal Revenue Code of 1954, subsoil of those submarine areas which are ternal Revenue Code of 1954 made by sec­ 68A Stat. 917; 26 U.S.C. 7805.) adjacent to the territorials waters of the for­ tion 505 of the Tax Reform Act of 1969 eign country or such possession and over (83 Stat. 634), relating to continental [seal] Johnnie M. Walters, which the foreign country (or the United shelf areas. After consideration of all Commissioner of Internal Revenue. States in case of such possession) has exclu­ such relevant matter as was presented by Approved May 7,1973. sive rights, in acocrdance with international law, with respect to the exploration and ex­ interested persons regarding the rules Frederic W. Hickman, ploitation of natural resources, but this para­ proposed, certain changes were made, Assistant Secretary of the graph shall apply in the case of a foreign and the proposed amendments of the Treasury. country only if it exercises, directly or in­ regulations, subject to the changes indi­ directly, taxing jurisdiction with respect to cated below, are adopted by this docu­ Paragraph 1. The following new entries such exploration or exploitation. ment. are added to the table of contents of 26 No foreign country shall, by reason of tbe Section 1.638-1 (b), as proposed, has CFR part 1, Immediately following application of this section, be treated as a been modified to make it clear that tax­ § 1.632-1: country contiguous to the United States. ing jurisdiction is exercised by a foreign Continental Shelf Areas [Sec. 638 as added by sec. 505(a), Tax Re­ form Act 1969 (83 Stat. 634) ] country over all persons, property, and Sec. activities engaged in or related to either 1.638 Statutory provisions; continental § 1.638—1 Continental Shelf areas. or both or the exploration for, or exploi­ shelf areas. tation of, natural resources in the conti­ 1.638- 1 Continental shelf areas. (a) General_ rule. For purposes of ap­ nental shelf of such country, and the In­ 1.638- 2 Effective date. plying any provision of Chapter 1,2,3, or

FEDERAL REGISTER, V O L 38, NO . 93— TUESDAY, MAY 15, 1973 RULES AN D REGULATIONS 12741

24 (including section 861(a)(3), 862(a) therefrom of all such taxpayers; thus, a third country (determined in each case (3), 1441,3402, or other provisions deal­ for example, a foreign country which without regard to section 638 or this sec­ ing with the performance of personal imposes tax upon a person engaged in tion), and which are engaged in or re­ services), with respect to mines, oil and exploitation of oil and gas wells in its lated to the exploration for, or exploita­ gas wells, and other natural deposits— seabed and subsoil referred to in para­ tion of, mines, oil and gas wells, or other (1) United States and possession of the graph (a) (2) of this section is deemed natural deposits of the seabed or sub­ United States. The terms “United States” to exercise taxing jurisdiction over prop­ soil of a foreign country referred to in and “possession of the United States” erty related to exploration for other nat­ paragraph (a) (2) of this section, are when used in a geographical sense include ural deposits in such seabed and sub­ generally within such foreign country, the seabed and subsoil of those submarine soil. A foreign country is deemed to be unless such persons, property, or activi­ areas which are adjacent to the terri­ imposing tax upon a person, property, ties are solely involved in or constitute torial waters of the United States or activity, or income described in the pre­ transportation to (or from) the site of such possession and over which the ceding sentence if such foreign country^ exploration or exploitation from (or to) United States has exclusive rights, in empts all persons, property, and activi- j the United States or a possession of the accordance with international law, with or income from tax for a period not in j United States or a third country, as the respect to the exploration for, and ex­ excess of 10 years from the commence-! case may be, other than transportation ploitation of, natural resources. The ment of such exploration or exploitation. on a regular basis from (or to) a base of terms “Continental Shelf of the United Except in the case of a foreign country operations. States” and “Continental Shelf of a pos­ which is deemed under the preceding (4) Persons, property, or activités are session of the United States,” as used in sentence to impose tax by virtue of an within the United States, à possession of this section, refer to the seabed and sub­ exemption for a period not in excess of the United States, or a foreign country, soil included, respectively, in the terms 10 years, a foreign country which ex­ as the case may be, pursuant to this “United States” and “possession of the empts all persons, property, and activi­ paragraph, only to the extent such per­ United States,” as provided in the pre­ ties engaged in or related to the explora­ sons, property, or activities are engaged ceding sentence. tion for, or exploitation of, natural re­ in or related to the exploration for, or ex­ (2) Foreign country. The term “for­ sources in the seabed or subsoil referred ploitation of, mines, oil and gas wells, or eign country” when used in a geographi­ to in paragraph (a) (2) of this section and other natural deposits. cal sense includes the seabed and subsoil the income therefrom, from taxation is (d) Natural deposits and natural re­ of those submarine areas which are adja­ deemed not to be exercising, directly or sources. For purposes of this section, the cent to the territorial waters of the for­ indirectly, taxing jurisdiction for pur­ terms “natural deposits” and “natural eign country and over which such foreign poses of paragraph (a) (2) of this sec­ resources” mean nonliving resources to country has exclusive rights, in accord­ tion. For purposes of paragraph (a) (2) which section 611(a) applies. Such terms ance with international law, with respect of this section, the exercise of taxing do not include sedentary species (orga­ to the exploration for, and exploitation jurisdiction with respect to any type of nisms which, at the harvestable stage, of, natural resources, but this sentence tax constitutes the exercise of taxing either are immovable on or under the applies only if such foreign country jurisdiction with respect to all types of seabed or are unable to move except in exercises, directly or indirectly, taxing taxes. However, a royalty or other charge constant physical contact with the sea­ jurisdiction with respect to such explora­ (whether payable in a lump sum or over bed or subsoil), fish qp'other animal or tion or exploitation. The term “foreign a period of time or in amounts dependent plant life. continental shelf,” as used in this sec­ upon the volume of production of natural (e) Rights under international law. tion, refers to the seabed and subscdl resources) for the right to explore for or Nothing in this section shall prejudice or described in the preceding sentence. A exploit natural resources does not consti­ affect the freedoms of the high seas and foreign country is not to be treated as tute a tax. other rights under international law, or a country contiguous to the United (c) Scope. (1) for purposes of apply­the exercise of such freedoms and rights States by reason of the application of ing this section, persons, property, or by the United States or foreign coun­ section 638 and this section. activities which are engaged in or re­ tries. (b) Exercise of taxing jurisdiction.lated . to the exploration for, or exploita­ (f) Examples. The application of the For purposes of paragraph (a) (2) of tion of, mines, oil and gas wells, or other provisions of section 638 and this sec­ this section, the exercise, directly or in­ natural deposits need not be physically tion may be illustrated by the follow­ directly, of taxing jurisdiction with re­ upon, connected, or attached to the sea­ ing examples: spect to the exploration for, or exploita­ bed or subsoil referred to in subpara­ Example (1). A, a citizen, of the United tion of, natural resources is deemed to graph (1) or (2) of pargraph (a) of States employed as an engineer, is engaged include (but is not limited to) those cases this section to be deemed to be within the in the exploitation of oil and Is physically in which a foreign country— United States, a possession of the United present on an offshore oil drilling platform States, or a foreign country, as the case operated by employees of L Corporation. Such (1) Imposes a tax upon assets, equip­ may be, to the extent provided in sub- platform is affixed to the foreign continental ment, or other property connected with paragraph (2) or (3) and subparagraph shelf of foreign country X. Assuming that or income derived from such exploration (4) of this paragraph. foreign country X exercises taxing Jurisdic­ or exploitation, or (2) Persons, property, or activities tion as provided in paragraph (b) of this (2) Requires natural resources re­ section, A is to be treated as being employed which are not in a foreign country (de­ in foreign country X with respect to compen­ ferred to in paragraph (a) (2) of this termined without regard to section 638 sation for his employment for purposes of section to be transported to points within or this section), and which are engaged chapters 1 and 24. its landward boundaries and then levies in or related to the exploration for, or Example (2). The facts are the same as in a *ax upon such natural resources or exploitation of, mines, oil and gas wells, example (1) except that B, a citizen of the upon the income derived from the sale or other natural deposits of the seabed United States engaged in the private prac­ thereof. tice of law, is physically present on such or subsoil referred to in paragraph (a) platform for the sole purpose of interview­ A foreign country which, for purposes of (1) of this section, are generally within ing his client, A, whom he represents in a Paragraph (a) (2) of this section, exer- tiie United States or a possession of the domestic relations matter. Since B is -not en­ jurisdiction by the imposi- United States, as the case may be, un­ gaged in activities related to the exploration nr « z®* upon any person, property, less such persons, property, or activities for, or exploitation of, natural deposits, he is engaged in or related to the are solely involved in or constitute trans­ not to be treated as being in foreign country xpioration for, or exploitation of, natu- portation to (or from) the site of ex­ X for purposes of chapters 1 and 2. ^ the seabed or subsoil re- ploration or exploitation from (or to) a Example (3). The facts are the same as in example (1) except that C, a citizen of the ¡25® in Paragraph (a) (2) of this foreign country, other than transporta­ United States engaged in the private prac­ tnvw0n* 0r.^lle income therefrom of any tion on a regular basis from (or to) a tice of medicine, is physically present on such in is deemed to exercise taxing base of operations. platform for the purpose of making routine unsaiction oyer all such persons, prop- (3) Persons, property, or activities physical examinations of L Corporation’s em­ y, and activities and over all income which are not in the United States or in ployees who are engaged in the exploitation

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 12742 RULES AND REGULATIONS of oil on the platform. C is paid by L Cor­ Example (8). M Corporation is a con­ poration to give such examinations on the trolled foreign corporation (within the of this chapter. For definition of the platform at regular intervals in order to de­ meaning of section 957(b)) for its entire term “United States” and for other geo­ termine whether the state of any employee’s taxable year beginning in 1972. During such graphical definitions relating to the Con­ health is such that he should not continue taxable year, M Corporation issues a policy tinental Shelf see section 638 and work on the platform. The balance of C’s of insurance relating to fire damage to an § 1.638-1. medical practice is conducted at his office on offshore oil drilling platform, owned by N the U.S. mainland. Since C is engaged in ac­ Corporation (a foreign corporation), which tivities related to the exploitation of oil, he is attached to the Continental Shelf of the P ar. 5. Section 31.3401 (a)-1 is amended is treated as being in foreign country X un­ United States. The income attributable to by inserting the following paragraph im­ der section 638 and this section while making the issuing of such policy would be taxed physical examinations on L Corporation’s under subchapter L, chapter 1, subtitle A of mediately after § 31.3401 (a)-1(b): platform, provided that foreign country X the Code (as modified, for this purpose, by § 31.3401 (a)-l Wages. exercise taxing jurisdiction as provided in section 953(b) (1), (2), and (3)) if such paragraph (b) of this section. For purposes income were the income of a domestic in­ * * * * * of chapters 1 and 2, amounts paid by L Cor­ surance corporation. Since N Corporation’s poration to C are treated as derived from oil drilling platform is located within the (c) Geographical definitions. For sources within foreign country X. United States under section 638 and this definition of the term “United States" Example (4). C, a nonresident alien indi­ section, M Corporation’s income attributable and for other geographical definitions vidual employed as an engineer in a foreign to the issuing of the insurance in connection relating to the Continental Shelf see country, designs equipment for use on oil with such platform is income derived from section 638 and § 1.638-1 of this chapter. drilling platforms affixed to the continental the insurance of United States risks, within shelf of the United States and engaged in the meaning of section 953(a) (1) (A) . ***** the exploitation of oil. Although C’s activ­ [PR Doc.73-9534 Filed 5-14-73;8:45 am] ities in this respect are related to the exploi­ § 1.638—2 Effective date. tation of oil, C is not treated as being in the The specific requirements and limita­ United States under section 638 and this Title 32— National Defense section by reason of such activities. tions of § 1.638-1 apply on and after Example (5). M Corporation, a domestic December 30, 1969. CHAPTER XVI— SELECTIVE SERVICE corporation, chartered a ship from N Cor­ Par. 2. Section 1.1402(a)-12 is amended SYSTEM poration, also a domestic corporation, under to read as follows: a time charter under which N Corporation’s PART 1604— SELECTIVE SERVICE personnel continued to navigate and man­ § 1.1402(a)—12 Possession of the United OFFICERS age the ship. M Corporation equipped the States. ship with special oil exploration equipment For purposes of the tax on self-em­ Signing Official Papers and furnished its personnel to operate the ployment income, the term “possession Whereas, on April 9,1973, the Director equipment. The ship then commenced to ex­ plore for oil in the foreign Continental Shelf of the United States,” as used in section of Selective Service published a notice of of foreign country Y. Foreign country Y 931 (relating to income from sources proposed amendment of Selective Service exercises taxing jurisdiction as provided in within possessions of the United States) regulations, 38 FR 9030 of April 9,1973; paragraph (b) of this section. The ship is and section 932 (relating to citizens of and treated as being within foreign country Y possessions of the United States) shall under section 638 and this section for the be deemed not to include the Virgin Whereas more than 30 days have period it was engaged in the exploration for Islands, Guam, or American Samoa. The elapsed subsequent to such publication oil in such foreign Continental Shelf. Thus, provisions of section 1402(a) (9) and of during which period no comment from the entire income derived during such pe­ riod by N Corporation from the charter is in­ this section insofar as they involve non­ the public has been received. come derived from sources within foreign application of sections 931 and 932 to The proposed regulation designates country Y, since N Corporation had prop­ Guam or American Samoa, shall apply persons to sign official papers issued by erty and employees engaged in the explora­ only in the case of taxable years begin­ tion for oil in such foreign Continental Shelf. ning after 1960. For definition of the local boards. The text of the proposed Example (6). The facts are the same as in term “United States” and for other geo­ section has not been changed. example (5) except -that C, a citizen of the graphical definitions relating to the Con­ Now therefore by virtue of the author­ United States, was employed by N Corpora­ tinental Shelf see section 638 and ity vested in me by the Military Selective tion as a cook and was physically present on § 1.638-1. the ship. C’s sole duties consisted of cooking Service Act, as amended (50 app. U.S.C. meals for personnel aboard such ship. In Par. 3. Section 1.1441 is amended by secs. 451 et seq.) and § 1604.1 of Selective adding immediately after § 1.1441(e) the such case, as C’s activities are related to the Service regulations (32 CFR 1604.1), the exploration for oil, C is to be treated as be­ following new subsection. ing in foreign country Y under section 638 Selective Service regulations, constitut­ and this section for the period he was aboard § 1.1441 Statutory provisions; with­ ing a portion of chapter XVI of title 32 holding of tax on nonresident aliens. such ship while it was engaged in activities of the Code of Federal Regulations, are relating to the exploration for oil in the Sec. 1441. Withholding of tax on nonresi­ foreign Continental Shelf referred to in dent aliens. * * * hereby amended, effective 11:59 p.m., example (5). For purposes of chapters 1 and (f) Continental Shelf areas. For sources e.d.s.t., on May 19,1973, as follows: 24, C’s compensation as a cook for such pe­ of income derived from, or for services per­ “Section 1604.59, Signing official pa­ riod is treated as derived from sources with­ formed with respect to, the exploration or out the United States. exploitation of natural resources on sub­ pers/’ is amended to read as follows: Example (7). Z Corporation, a foreign cor­ marine areas adjacent to the territorial § 1604.59 Signing official papers. poration, entered into a contract with Y waters of the United States, see section 638. board Corporation, a United States corporation, to [Sec. 1441 as amended by sec. 505(b), Tax Official papers issued by a local engage in exploratory oil drilling activities may be signed by any member of com­ on a leasehold held by Y Corporation. Such Reform Act 1969 (83 Stat. 634)] pensated employee of the local board, leasehold was located in the Continental Par. 4. Section 1.1441-5 is amended by Shelf of the United States. Since Z Corpora­ revising paragraph (d) to read as or any compensated employee of the Se­ tion is engaged in and has property and ac- follows: lected Service System whose official du­ tivitieg which are engaged in the exploration ties require him to perform administra­ for oil, such property and activities are to be § 1.1441—5 Claiming to be a person not treated as being in the United States under subject to withholding. tive duties at the local board except when section 638 and this section for the period * * * * * otherwise prescribed by the Director o such property and activties were engaged Selective Service. in or related to the exploration for oil in the (d) Definitions. For determining Continental Shelf of the United States and whether an alien individual is a resident B yron V. Pepitone, were not in a foreign country. For purposes Director. of chapters 1 and 3, amounts paid to Z Cor­ of the United States see § 1.871-2. For poration pursuant to the contract are treated definition of the terms “foreign partner­ May 10,1973. as derived from sources within the United ship” and “foreign corporation” see sec­ States. tion 7701(a) (4) and (5) and § 301.7701-5 [FR Doc.73-9566 Filed 5-14-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 RULES AND REGULATIONS 12743 Title 44— Public Property and Works industry associations which are con­ Alaska, or (b) the State of Hawaii or (c) CHAPTER IV— BUREAU OF DOMESTIC cerned with the provision of equal em­ the contiguous 48 States and the District COMMERCE, DEPARTMENT OF COM­ ployment opportunities. of Columbia, or (d) a single possession of MERCE (Secs. 4, 5, 48 Stat. 1066, 1068, as amended; 47 the United States. Generally, in cases PART 401—FOREIGN EXCESS PROPERTY U.S.C. 154, 155.) where service is afforded on frequencies above 72 MHz, radiocommunications be­ Redesignation of Part Adopted April 30,1973. tween the contiguous 48 States (includ­ Regulations formerly appearing in part Released May 8,1973. ing the District of Columbia) and Can­ 401 of chapter IV of title 44 of the Code ada or Mexico, or radiocommunications of Federal Regulations are transferred F ederal Communications between the State of Alaska and Canada, to chapter III of title 15 of the Code of Commission, are deemed to be in the domestic fixed Federal Regulations and redesignated as [ SEAL ] J OHN M . TORBET, public service. part 302 of that chapter (see 38 PR Executive Director. $ £ j|c s }s ♦ 11068). Accordingly, chapter IV of title [FR Doc.73-9596 Filed 5-14-73;8:45 am] Experimental station.—A nonamateur 44 is hereby vacated. station utilizing radio waves in experi­ This redesignation shall become ef­ ments with a view to the development of fective June 4,1973. [No. 96891] science or technique. Dated May 3,1973. FREQUENCY ALLOCATIONS, EXPERIMEN­ * * * * * S e t h M. B odner, TAL RADIO SERVICES, AND RADIO Flight test station.—An aeronautical Deputy Assistant Secretary for FREQUENCY DEVICES station used for the transmission of es­ Resources and Trade Assistance. Editorial Amendments sential communications in connection with the testing of aircraft or major [FR Doc.73-9586 Filed 5-14-73;8:45 am] A revised edition of volume II of the components of aircraft. The flight test FCC rules is currently on sale at the stations are designated as land stations Title 47— Telecommunications Superintendent of Documents, U.S. Gov­ when operating on the frequency 3281 CHAPTER I— FEDERAL COMMUNI­ ernment Printing Office, Washington, kHz. CATIONS COMMISSION D.C. 20402. Editorial amendments in­ * * * * * cluded in this issue are set forth below. PART 0— COMMISSION ORGANIZATION Since the changes are editorial, the Industrial radio services.—Any service Order Reflecting Organizational Changes or radiocommunication essential to, op­ prior notice and effective date provisions erated by, and for the sole use of, those In the matter of editorial amendment of section 4 of the Administrative Pro­ enterprises which for purposes of safety of part 0 of the Commission’s statement cedure Act (5 U.S.C. 553) are not appli­ or other necessity require radiocommu­ of organization with respect to the Office cable. nication in order to function efficiently. of the General Counsel. Accordingly, it is ordered, Pursuant to The radio transmitting facilities of the This order is being issued to reflect or­ authority contained in sections 4(i), 5 industrial radio services are defined as ganization changes in the Office of the (d), and 303 (r) of the Communications fixed, land, mobile or radiolocation sta­ General Counsel that were adopted in Act of 1934, as amended, and § 0.231(d) tions. action taken by the Commission Novem­ of the Commission’s rules and regula­ * * * * * ber 29,1972. tions, that the amendments to parts 2, 5, This amendment related to internal and 15 set forth below are amended effec­ International fixed public radio serv­ Commission organization, and hence, the tive May 15,1973. ice.—A fixed service, the stations of which are open to public correspondence prior notice, procedure and effective date (Secs. 4, 5, 303, 48 Stat., as amended, 1066, provisions of the Administrative Proce­ 1068, 1082; 47 U.S.C. 154, 155, 303.) and which, in general, is intended to pro­ dures Act are not applicable. Authority vide radiocommunication between any for the promulgation of this amendment Adopted May 4,1973. one of the contiguous 48 States (includ­ is contained in section 4(i) and 5(b) and Released May 8,1973. ing the District of Columbia) and the (d) of the Communications Act of 1934 State of Alaska, or the State of Hawaii, as amended, and in § 0.321 (d) of the F ederal Communications or any U.S. possession or any foreign Commission’s Rules. Commission, point; or between the State of Alaska and Accordingly, it is ordered, effective [seal] J ohn M. T orbet, any other point; or between the State April 30,1973, That in Part 0 of Chapter Executive Director. of Hawaii and any other point. In addi­ I of Title 47 of the Code of Federal Reg­ Parts 2, 5, and 15 of chapter I of title 47 tion, radiocommunications within the ulations, §0.41(p) is added to read as of the Code of Federal Regulations are contiguous 48 States (including the Dis­ follows: amended as follows: trict of Columbia) in connection with the relaying of international traffic be­ § 0.41 Functions o f the Office. PART 2— FREQUENCY ALLOCATIONS AND tween stations which provide the above ***** RADIO TREATY MATTERS; GENERAL service, are. also deemed to be in the in­ RULES AND REGULATIONS ternational fixed public radiocommuni­ (p) To develop and administer, with 1. In § 2.1, the definitions for “Com­cation service. Communications solely be­ guidance from the Equal Employment munity antenna relay service” and tween Alaska, or any one of the contigu­ opportunity Commissioner and in coor­ “Community antenna relay station” are ous 48 States (including the District of dination with the Broadcast, Cable Tele­ revised to read “Cable television relay Columbia), and either Canada or Mexico vision and Common Carrier Bureaus, an service” and “Cable television relay sta­ are not deemed to be in the international employment opportunity program tion”. The term “cable television” re* fixed public radiocommunication serv­ r industries regulated by those bureaus ; places the term “community antenna” ice when such radiocommunications are » assure consistency of equal, employ­ wherever it appears. In addition, the fol­ transmitted on frequencies above 72 MHz. ment opportunity plans developed by the lowing definitions are amended to read as ♦ * * * * Policies and objectives of follows : ti™Pr?g^am’ review the implementa- Radio altimeter.—A radionavigation anhiJ?* EE? plans and their success in § 2.1 Definitions. equipment on board an aircraft which to electives of the program; 4 $ * * makes use of the reflection of radio waves ecommend such changes in the pro- Domestic fixed public service.—A fixed from the ground to determine the height £¡¡¡*5® be appropriate; and to service, the stations of which are open of the aircraft above the ground. iect with those who are sub­ to public correspondence, for radiocom­ ***** locai ° EEO p*ans and with State and munications originating and terminating 2. Section 2.102(b) (1) is amended to agencies, community groups, and solely at points within: (a) The State of read as follows:

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 12744 RULES AND REGULATIONS

§.2.102. Assignment of frequencies. tions are not intended to develop a serv­ § 15.371 [Amended] ***** ice to be operated on frequencies other 6. In § 15.371(b) (2 ) , in the last sen­ than those allocated such service. tence, an “s” is added to the word “meas­ (b) * * * ***** (D In individual cases the Commis­ urement”. sion may, without rulemaking proceed­ § 2.106 [Amended] 7. Section 15.375(a) (2) is amended to ings, authorize on a temporary basis only, 3. In § 2.106, the table of frequency al­read as follows: the use of frequencies not in accordance locations is amended with respect to the § 15.375 Identification o f auditory train­ with tiie table of frequency allocations frequencies 1605-1715 kHz in column 9, ing equipment (72—76 MHz). for projects of short duration or emer­ 4750-4995 kHz in column 7, 456-459 MHz (a) * * * gencies where the Commission finds that in column 9, 465.0125-470 MHz in column (2) A distinctive type number identi­ important or exceptional circumstances 9 and footnotes NG13 and NG24 are cal to that given in the application for require such utilization. Such authoriza­ amended as follows : type approval or certification. Any change in the type number is subject to Band (kHz) Service Class of station . Fre­ NatureiOF SERVICES quency jNature|9fstations the provisions of § 15.373. ***** 7 8 9 10 11 [PR Doc.73-9488 Piled 5-14-73; 8:45 am] 1605-1715 * .* * Base. * * # * * * (US97) Fixed. Land mobile. Title 49— Transportation Radionavigation land. Radiolocation. CHAPTER X— INTERSTATE COMMERCE Coast. COMMISSION Ship. enDPUiDiXD B ___D D A C Tirr ANIT PROCPHIIRF * ♦ ♦ ♦ ♦ * m [Ex parte 268] 4750-4995 FIXED. Fixed; AERONAUTICAL FIXED. PART 1123— DETERMINATION OF FIXED (in Alaska). AVOIDABLE LOSSES INTERNATIONAL (MHz) If * * FIXED FUBLIC. Rail Passenger Service Act of 1970 456-459 Land mobile. Order.—At a general session of the 465.0125- * *< * Land mobile. * * * * * * 467.5375 Interstate Commerce Commission, held 467.5375- * * * Land mobile. * *- * * *• at its office in Washington, D.C., on the 467.7375 * * * * * * 30th day of March 1973. 467.7375-470 Land mobile. On May 4, 1971, a notice of proposed *■ * * * * * ♦ rulemaking was published in the Federal Register (36 FR 8327) advising alLinter- In footnote NG13, the second sentence PART 15— RADIO FREQUENCY DEVICES ested parties that the Commission had is amended by inserting a period after § 15.4 [Amended] under consideration proposed regula­ the word “exist”, deleting the word tions pertaining to the procedures for “and”, and capitalizing the word “In”. 1. The headnote of § 15.4 and para­ the determination of avoidable losses In footnote NG24, a period is substi­ graph (k) are amended by deleting the under sections 102(6) and 401(a) (3)' of tuted for the colon following “156.55 hyphen and writing “biomedical” as one the Rail Passenger Service Act of 1970. MHz”, the words “Provided, That” are word. After consideration of all relevant mat­ deleted, and the word “In” is capitalized. § 15.68 [Amended] ters submitted by interested parties, the regulations proposed are hereby adopted § 2.579 [Amended] 2. In § 15.68, the headnote is amended with modifications, as shown by the in­ 4. In § 2.579(f) (1) , the word “centi­to insert a hyphen between the first two structions and schedules attached to and grade” is written in lowercase. words: “All-channel”. made a part of this order. 3. In § 15.337, paragraph (a) is It is ordered, That the proposed regu­ amended to read as follows: lations designated part 1123 of chapter PART 5— EXPERIMENTAL RADIO X, subchapter B of title 49 of the Code SERVICES (OTHER THAN BROADCAST) § 15.337 Operation on other frequen­ of Federal Regulations, as contained in 1. Section 5.203 is amended to read as cies. appendix A attached hereto, a r e adopted. follows: (a) An auditory, training system may It is further ordered* That this order be operated on any frequency available shall be effective 35 days from the date § 5.203 Frequencies for Experimental under this part provided the transmitter it is served. Service (Research) . and receiver parts of the system meet the And it is further ordered, That service Stations operating in the Experimental applicable technical specifications of this of this order be made on all carriers by Service (Research) may be authorized to part and are certificated, if certification railroad which are affected thereby,, to use any government or nongovernment is required. all parties of record herein, and notice frequency designated in the table of fre­ * * * * * of the order shall be given the general quency allocations set forth in part 2 of public by depositing a copy thereof in this chapter as available for assignment 4. In § 15.345,. paragraph (a) is the Office of the Secretary, Interstate to this service: Provided, That the need amended to read as follows: Commerce Commission, Washington, for the specific frequency (s) requested is §15.345 Certification of receiver. D.C., for the public inspection, and by fully iustified by the applicant. (a) A receiver operated as part of andelivering a copy thereof to the Directs, 2. Section 5.409 is amended to read as auditory training system shall be certifi­ division of the. Federal Register, for pun- follows: cated pursuant to the provision of sub­ lication in the F ederal R egister as none to all interested persons. § 5.409 Noninterference condition. part C of this part. * * . * * * By the Commission. Each authorization issued to a student under this subpart is subject to the con­ § 15.347 [Amended] [seal] R obert L. Oswald, Secretary. dition that no harmful interference, as 5. In § 15.347(a), the word “training” defined in § 5.3(h), is caused to any au­ is inserted between the words “auditory” Chapter X of title 49 of the Code thorized station. and “system”. Federal Regulations is amended j

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M AY 15, 1973 RULES AND REGULATIONS 12745 adding Part 1123 Determination of (1) The passenger service is primarily (3) Avoidable intercity passenger Avoidable Losses and inserting the fol­ being used by patrons traveling on a costs. lowing sections: regular basis, either within a metropoli­ (4) Nonretainable revenues. tan area or between a metropolitan area (5) Added expenses of hauling carrier Sec. 1123.1 Scope of rules in this part. and its suburb; personnel, material, and company mail. 1123.2 Definitions. (2) The service is usually characterized (6) Avoidable loss. 1123.3 Information required with appli­ by operations performed at morning and §1123.4 Required exhibits. cation. evening peak periods of travel; 1123.4 Required exhibits. (3) The service usually honors com­ There shall be filed with the original 1123.5 Form and style. mutation or multiple ride ticket at a application and as a part thereof, the 1123.6 Procedure. fare reduced below the ordinary coach following exhibits: Authority.—Secs. 102, 401, 84 Stat. 1327; fare and carries the majority of its (a) As exhibit (A.) a statement of the secs. 1, 12, 17, 24 Stat. 379, 383, and 40 Stat. patrons on such a reduced fare basis; fully distributed passenger service deficit 270, all as amended; 49 TJ.S.C. 1, 12, arid 17; (4) The service makes several stops at of the railroad as reported to the Com­ 5 U.S.C. 553 and 559. short intervals either within a zone or mission for the year ending December 31, § 1123.1 Scope of rules in this part. along the entire route; 1969. This statement shall be supplied in (5) The equipment used may consist of the same format provided -in Schedule The rules in this part govern pro­ little more than ordinary coaches; 300, income Account for the Year as cedure to be followed by the National prescribed in Rail Annual Report Form A. Railroad Passenger Corp. and a railroad (6) The service should not extend more than 100 miles at the most, except (b) As exhibit (B) a statement show­ subject to part I of the Interstate Com­ in rare instances; although service over ing total and avoidable operating ex­ merce Act, when an impasse is reached penses, rents, and taxes by primary ac­ between the two relative to the final-set­ shorter distances may not be commuter or short haul within the meaning of the count for (1) all intercity rail passenger tlement price to be paid by the railroad service and/or (2) that portion of such in consideration of being relieved of all said act of 1970. (g) Intercity passenger service is allservice that was operated over routes be­ of its responsibility as a common carrier tween points on the basic system, pre­ of passengers by rail in intercity rail passenger services other than (1) com­ muter and other short-haul service in sented in the format attached hereto and passenger service pursuant to the Rail identified as appendix B. Passenger Service Act of 1970. Either the metropolitan and suburban areas, usually National Railroad Passenger Corp. or the characterized by reduced fare, multiple- (c) As exhibit (C) a statement setting railroad shall apply to the Commission ride and commutation tickets, and by forth the method used and the justifU for a determination of the avoidable loss morning and evening peak period opera­ cation, for each primary account, of the with respect to the subject intercity rail tions, and (2) auto-ferry service charac­ avoidable expenses reported in exhibit passenger service. The burden of proof terized by transportation of automobiles (B) as described above. Avoidable inter­ of avoidable loss shall rest with the rail­ and their occupants where contracts for city expenses shall be supported by roads, and the procedure provided here­ such service have been consummated identification of specific positions, equip­ inafter shall be followed. prior to enactment of the Rail Passenger ment, facilities, and materials which Service Act of 1970. would not be required upon discontinu­ § 1123.2 Definitions. § 1123.3 Information required with ap­ ance of the intercity passenger service. (a) Avoidable costs are those operat­ plication. (d) As exhibit ID) a statement of rev­ ing expenses, rents, and taxes listed in enues earned in 1969 as a result of pro­ the Uniform System of Accounts (title Application required under § 1123.1 viding intercity passenger service which 49 CPR 1200-1201) which can be demon­ shall include the following information could not have been retained by the rail­ strated to have been required for the set forth in the sequence indicated; road after the discontinuance of such provision of intercity rail passenger (a) Identification of the applicant service. This statement shall exclude service in 1969, which would not have showing: revenues which could have been retained been incurred had such service not been (1) Pull and correct name of the ap­ even though intercity rail passenger serv­ performed. plicant and the business address of ap­ ice were discontinued. If the 200-percent (b) Avoidable loss is the excess of plicant (street and number, city, county, formula is being relied on, data required avoidable costs of providing intercity and State). in this exhibit should be furnished for rail passenger service over the nonre- (2) The name, title, and business ad­ that portion of the service that was per­ tainable revenues from the same service, dress of the officer or officers to whom formed over routes between the points pursuant to section 102(6) of the Rail correspondence with respect to the ap­ on the basic system. This data shall be Passenger Service Act of 1970. plication should be addressed. supplied in the same format provided in (c) Nonretainable revenues are the (b) Information respecting the terms Schedule 310, Railway Operating Reve­ railroad’s 1969 revenues attributable to and conditions of the contract pursuant nues, as prescribed in Rail Annual Report its intercity rail passenger service, which to which the proposed transfer of inter­ Form A. it would not have received had such city rail passenger service is to be ef­ (e) As exhibit (E) a statement sup­ service not been performed. fected, including the manner and terms porting determination of nonretainable (d) Solely related expenses are the of payment of the consideration. revenues submitted as exhibit D. g a tin g expenses, rents, and taxes (c) Information respecting the route, (f) As exhibit (F) a listing, by posi­ which are incurred only for providing a termini, and mileage of the lines to be tion classification, of the number of posi­ specific service. transferred. tions involved exclusively or in part in (e) Common expenses are those op­ (d) Statements, in summary form, intercity passenger service during the erating expenses, rents, and taxes which showing the applicant’s calculation, for month of December 1969. These positions are not solely related to one service but the calendar year 1969, of the avoidable shall be listed and identified in the same are required to provide more than one loss of all intercity rail < passenger format as prescribed for ICC Wage Sta­ service. service and/or that portion of such tistics, forms A and B. In addition, posi­ (f) In determining whether a service service that was operated over routes be­ tions involved exclusively in intercity tween points on the basic system, sup­ passenger service shall be separated commuter or other short-haul service ported by the exhibits required by from positions involved in part in inter­ metropolitan and suburban areas, § 1123.4 and presented as follows: city passenger service. The account to T i? 1 toe meaning of section 102(3) (A) (1) Solely related intercity passenger- which wages are charged and the aver­ of the Rail Passenger Service Act of 1970, train costs. age annual wage shall also be shown for e Commission will consider the follow­ (2) Common expenses apportioned to each position. In addition, for each posi­ ing features, among others: Intercity passenger service. tion involved only in part in intercity

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 12746 RUtES AND REGULATIONS passenger service an estimate (stated as the reduction occurred^ the proposed in­ Oil Import Regulation 1 (rev. 5)>. a percent) of the portion of time assigned crease is to be measured against a base . In section 9A, “Allocations based on to intercity passenger service shall be rate or level of compensation which is exports of petrochemicals,” there ap­ provided. If the 200-percent formula is not in excess of that permitted under the peared in the F ederal R egister for Feb­ being relied on, a similar showing should prior succeeded contract or pay practice ruary 8, 1973 (38 FR 3606) „ a proposal to be furnished giving the above informa­ after the reduction. amend sèction 9A which provides for al­ tion as to that portion of such, service This clarification is: intended to carry locations of imports of crude and unfin­ that was performed over routes between out the policy of section 3 of Executive ished oils into districts I-IV and district points on' the basic system. Order No. 11695 to preserve the effect V to persons operating petrochemical (g) As exhibit G—an estimate of whatof actions settled under the phase II plants based on quantities of “eligible the added expenses would have been for rules. petrochemicals” (as defined) which those hauling carrier personnel, material, and Because the purpose of this amend­ persons manufactured and which are company mail if no passenger service ment is to provide immediate guidance exported. had been provided during 1969. for compliance with the Economic Sta­ The allocations provided for by section bilization program during phase m , I 9A are, pursuant to the authority of § 1123.5 Form and,style. find that publication in accordance with paragraph (b) of section 4 of Proclama­ The application and exhibits shall con­ normal rulemaking procedures is im­ tion 3279, as amended, outside the levels form with rule 15 of the general rules practicable and that good cause exists for prescribed for such imports by section 2 of practice (1100.15 of this chapter). making this amendment effective in less of the proclamation. § 1125.6 Procedure. than 30 days. Interested persons may Careful consideration was given to all submit comments regarding this amend­ of the comments on the proposal.. Spe­ (a) There shall he filed with the Sec­ment. Communications should be ad­ cifically, it was pointed out in the com­ retary of the Commission, Washington, dressed to the Office of the General ments, that the inclusion of complex D.C., the original application, and 15 Counsel, Cost of Living Council, Wash­ products in the list of eligible petro­ copies thereof for the use of the Com­ ington, D.C. 20508. chemicals makes the task of assigning mission. The original application shall This amendment is effective as of allocations very difficult. In acknowledg­ be signed in ink by the applicant, if an January 11,1973. ment of this concern, Items covered individual, by all partners, if a copartner­ (Economic Stabilization Act of 1970, as under schedule B Nos. 629.1060 to 629.- ship, and if a corporation, association, amended, Public Law 91-379, 84 Stat. 799; 1090 inclusive, which include such items or other similar form of organization, Public Law 91-588, 84 Stat. 1468; Public Law as pneumatic tires for bicycles and by its president, vice president, auditor, 92—8, 85 Stat. 13; Public Law 92-15, 85 Stat. wheelbarrows, solid and cushion vehicle comptroller, or other executive officer 38; Economic Stabilization Act Amendments tires for baby carriages, velocipedes, etc., having knowledge of the matters therein of 1971, Public Law 92-210, 85 Stat. 742; inner tubes for vehicles, and tire flaps, contained and duly designated for that Economic Stabilization Act Amendments of have been deleted from the list of eligible purpose by the applicant, and shall be 1973, Fnblic Law 93-28, 87 Stat. 27; Execu­ petrochemicals included in the proposed made under oath. The application shall tive Order No. 11695, 38 FR 1473; Cost of Living Council Order No. 14, 38 FR 1489, rulemaking. show that the affiant is duly authorized Jan. 11,1973) ' Several comments, concerned with the by the applicant to verify and file the practice of exchanges of eligible petro­ same. Each copy shall conform in all Issued in Washington, D.C. on May 14, chemicals prior to export, suggested that respects to the original and shall be com­ 1973. the person receiving the petrochemical plete in itself except that the signature William N. Walker, exchanged rather than the. producer of in the copies may be stamped or typed Acting Deputy Director, the exported eligible petrochemical re­ and notarial seal omitted. Cost of Living Council. ceive the allocation of crude and unfin­ [FR Doc.73-9608 Filed 5-14r-73;8:45 am] Subpart A of part 130 is amended by ished oils. Careful consideration of such adding a new § 130.5 to read as follows: comments by the Office of Oil and Gas Title 6— Economic Stabilization has resulted in the conclusion that seri­ § 130.5 Determination q£ base rates sub­ ous administrative and compliance re­ CHAPTER 1— COST OF LIVING COUNCIL sequent to reductions in wages or salaries. view problems could result from such PART 130— COST OF LIVING COUNCIL an arrangement which grants an alloca­ PHASE 111 REGULATIONS A wage or salary increase payable with tion to a person other than a producer. respect to a job or an appropriate em­ Determination of Base Rates Subsequent Additional comments suggested that to Reductions in Wages or Salaries ployee unit pursuant to a collective-bar­ common business practices involve sales gaining agreement, entered into or a of eligible petrochemicals by the pro­ Section 130.5 is added in the amend­ pay practice established after January ducer to other persons prior to export ment set forth below to incorporate rules 10, 1973, shall be computed by taking of such petrochemicals. Provisions are relating to the determination of base into account a base wage or salary rate made in the regulation for the making rates with respect to contracts entered (or level of compensation) that does of allocations to the manufacturer of an into and pay practices established after not exceed the rate, (or level) permitted exported petrochemical when in fact January 10, 19731 In many situations, to be paid with respect to such job or such manufacturer is not the actual ex­ contracts or pay practices provided for such: unit pursuant to a decision and or­ porter. In all cases, however, the specified wage or salary rates to be in der issued by the Pay Board or the Coun­ amended regulation provides for making effect for certain periods of time, or allocations only to the person in whose specified wage or salary increases to be cil or pursuant to the operation of any facilities the eligible petrochemical was put into effect on certain dates, and these regulation, or ruling issued under the manufactured and for certification to rates or increases were required to be Economic Stabilization program. that person or persons who exported the reduced by reason of a Pay Board or [FR Doc.73-9800 Filed 5-14-73; 11:41 ami eligible petrochemical that the eligible Cost of Living Council decision and or­ petrochemical was, in fact, exported. der or by agreement of the parties pur­ Provision has been made in the regula­ suant to the phase II regulations. Title 32A— National Defense, Appendix tion, in all cases involving export of an The new § 130.5 clarifies the applica­ CHAPTER X— OFFICE OF OIL AND GAS, eligible petrochemical by a person other tion of the phase n rules relating to DEPARTMENT OF THE INTERIOR than, the producer of such a, petrochemi­ computation of a base compensation [Oil Import Reg. 1, Rev. 5; Amdt. 58] cal, that the exporter must agree in writ­ rate. The regulation provides that in OIL IMPORT REGULATION 1— OIL IMPORT ing that his records may be inspectedW computing the amount of increase in REGULATIONS the Director of the Office of Oil and Gas wage rates or wages or salaries pursuant or his agent or agents for the purpose ® to a collective-bargaining agreement or Miscellaneous Amendments verifying that the export was made. pay practice which succeeds the contract This amendment 52 amends sections Finally, the revised section 9A Proy!~^ or pay practice which was in effect when 9A and rescinds sections 24 and 31 of that in computing allocations, allocatio

FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M A Y 15, 1973 RULES AND REGULATIONS 12747 made for exports of eligible petrochemi­ 581.3230_____ Cellulose ester molding export was, in fact, made including a let­ and extrusion composi­ ter from the exporter that his records cals during any base period previously tions; e.g., cellulose ace­ effective, which overlaps a base period may be inspected by the Director or tate. his agents for the purpose of verifying established in this section, shall be de­ 581.3242_____ Cellulose esters (except ducted. molding and extrusion that the export was made. Section 24, Aromatic and aliphatic hy­ compositions) in unfin­ (2) The Director shall ascertain the drocarbons, was previously required to ished forms; e.g., gran­ hydrogen and carbon content (in clarify the status of certain compounds ules, powder. pounds) of that part of the weight of 581.3260_____ Chemical derivatives of the eligible petrochemicals determined as either petrochemicals or unfinished ceUulose unplasticized; oils and/or finished products. The def­ e.g., cellulose acetate- pursuant to paragraph (e) (1) of this initions contained in the Presidential butyrate (flake, powder, section, which was (i) produced by Proclamation of April 18,1973 modifying waste, or scrap). chemical reaction in the person’s facili­ Presidential Proclamation 3279, as 599.7100_____ Artificial waxes; e.g., solid­ ties and (ii) derived from crude oil or amended make section 24 obsolete. Ac­ ified polyethylene glycol, unfinished oils produced or manufac­ cordingly section 24 is rescinded in its glyceryl tri-( 12-hydroxy- tured in districts I-IV or in district V stearate) . or imported into districts I-IV or dis­ entirety. 599.7505- Section 31, Allocations of asphalt, Dis­ 599.7507___ Antiknock mixtures. trict V pursuant to an allocation. The tricts I-IV, is made obsolete by the Presi­ 599.7515- weight thus ascertained shall be divided dential Proclamation of April 18, 1973, 599.7530___ Additives for lubricating by 250; and the applicant shall receive which modified Presidential Proclama­ oils, fuel oils, liquid gum an allocation of barrels of imports of tion 3279, as amended. Accordingly sec­ inhibitors. crude and unfinished oils equal to the tion 31 is rescinded in its entirety. 599.9960_____ Reagents for ore recovery. resulting quotient. Where a person pro­ 621.0105_____ Carbon black masterbatch. duced an eligible petrochemical from a This amendment 58 shall become ef- 629.1010- ective on May 15, 1973. 629.1050___ Rubber tires and tubes for combination of inputs which qualify vehicles and aircraft. under paragraph (e) (2) (ii)- of this sec­ S tephen Wakefield, A. 651.6-651.7___ Yarn (including monofil tion (2) and inputs which do not so Assistant Secretary of the Interior. and strip), thread, tire qualify, and a portion of such eligible May 11, 1973. cord, and tire cord fabric petrochemical was exported, the hydro­ of noncellulosic and cel- gen and carbon content of the exported Approved May 14,1973. lulosic manmade fibers. portion shall be deemed to have been William E. S imon, (2) “Broker” and “Export Agent” derived entirely from the qualified in­ Deputy Secretary of the Treasury. mean a person whose occupation includes puts to the full extent of such qualified 1. Section 9A of Oil Import Regula­the transaction of business relating to inputs except that such hydrogen and tion 1 (rev. 5) is amended in its entirety the exportation of goods. carbon shall not be deemed to have been to read as follows: (3) Each half t>f a particular alloca­ derived from a qualified input from tion period (e.g., January through June) which the hydrogen and carbon could Sec. 9A Allocations based on exports. shall constitute a “base period.” not actually have been derived. (a) For the purposes of this section: (b) Subject to the provisions of this (f) A shipment of eligible petrochemi­ (1) “Eligible petrochemicals” meanssection a person who holds an allocation cals from districts I-IV or from district the following materials produced in the of imports into districts I—IV or into dis­ V to a foreign country or to the Virgin person’s facilities in districts I-IV or dis­ trict V for a particular allocation period Islands, Guam, American Samoa, or the trict V and falling into the following under section 9 of this regulation shall Trust Territory of the Pacific Is­ trade classification of schedule B of the also be entitled to receive under this sec­ lands constitutes an export for the pur­ current Department of Commerce statis­ tion 9A an allocation of imports of crude poses of this section. A shipment of eligi­ tical classifications of domestic and for­ oil into districts I-IV or into district V ble petrochemicals from districts I-IV eign commodities exported from the (as the case may be) based on his ex­ or from district V to Puerto Rico or to United States. ports during the base period of eligible a foreign trade zone shall not constitute Trade classifica­ petrochemicals produced by him. an export for the purposes of this sec­ tion schedule B tion. If eligible petrochemicals are re­ number: Description (c) An application for an allocation turned after having been exported, the 231.2------Synthetic rubber and rub under this section must be filed with the total weight of such eligible petrochemi­ ber substitutes except Director no later than 60 days after the cals so returned, whatever the form of compounded, semiproc- last day of the base period to which the essed, and manufac­ application relates. Amendments to ap­ the import, shall either be excluded or tures; e.g., SBR-type plications resulting in upward adjust­ deducted as appropriate from the appli­ rubber, butyl rubber. ments of allocations under this section cant’s base in computing an allocation 266.2-266.3— Manmade fibers suitable must be filed with the Director no later under paragraph (e) of this section. for spinning except glass; (g) An allocation made pursuant to e.g., nylon staple, poly­ than the last day of the base period fol­ lowing the base period to which the al­ this section shall entitle a person to a ester staple. license or licenses which will allow the Chemical elements and location applies. An application shall be in such form as the Director may pre­ importation of unfinished oils in an compounds amount not exceeding, in the aggregate, 512. Organic chemicals; e.g., scribe. 15 percent of the person’s allocation. ethylene glycol, acetic (d) Licenses issued under an alloca­ acid. tion made pursuant to this section shall However, the Director shall permit a 513.27...... Carbon black. expire 12 months after the respective person holding such an allocation to im­ 521.4024.____ Orthoxylene. port unfinished oils in an amount up to 521.4025_.___i Paraxylene. base period. 100 percent of such person’s allocation 521.4027_____ Mixed xylenes. (e) (1) The Director shall determine upon certification by him to the Director 554.2022- the weight (in pounds) of eligible petro­ that such imported unfinished oils will 554.2026___ Detergents, synthetic or­ chemicals (i) which were produced in not be exchanged, that such unfinished ganic bulk; e.g., alkyl the person’s facilities in districts I-IV or oils will be processed entirely in the per­ aryl sulfonate, sodium in district V, and (ii) which were ex­ toluene sulfonated. son’s petrochemical plant, and that more 554.2032- ported from the Customs territory of the than 50 percent by weight of the yields 554.2036__ Surface-active agents, ex­ United States during the base period from such unfinished oils will be con­ cept detergents, acid- whether by the person, another person, a verted into petrochemicals of which pet­ type cleaners, and tex­ broker or an export agent or domestic or rochemicals methane is not more than tile- and leather-finish­ a foreign purchaser thereof in the form 50 percent by weight, or that more than ing agents. produced by and without value added and 75 percent by weight of recovered prod­ 581.1005- i Plastic materials and arti­ without further processing. The produc­ 581.1055__ ficial resins; e.g., poly­ uct output will consist of petrochemicals 581.2002- amide, phenolic, poly­ er shall furnish such evidence as the Di­ but of which output not more than 50 581.2058__ ethylene. rector may requre to establish that the percent by weight is methane.

FEDERAL REGISTER, V O L 38, NO. 93— TUESDAY, M AY T5, 1973 No. 93—Pt. I- 12748 RULES AND REGULATIONS

(h) A person who imports crude oilvisions of paragraph (b) (2), (3), (5), period previously effective, which over­ or unfinished oils under an allocation and (6) of section 17 of this regulation. lap a base period established in this sec­ made under this section may, except as (i) No allocation made pursuant to tion, shall be deducted. provided in paragraph (g) of this section, this section may be sold, assigned or Secs. 24 and 31 [Rescinded] exchange his imported crude oil either otherwise transferred. 2. Section 24, Aromatics and aliphatic for domestic crude oil or for domestic un­ (j) This section shall become effective hydrocarbons, of Oil Import Regulation finished oils or exchange his imported May 15, 1973: Provided, That, in com­ 1 (rev. 5) is rescinded in its entirety. 3. Section 31, Asphalt, of Oil Import unfinished oils for domestic unfinished puting allocations under this section, as Regulation 1 (rev. 5) is rescinded in its oils or for domestic crude oil. All such amended, allocation made for exports of entirety. exchanges shall be governed by the pro­ eligible petrochemicals during any base [FR Doc.73-9753 Filed 5-14r-73; 10:34 am]

FEDERAL REGISTER, V O L 38, N O . 93— TUESDAY, M A Y IS , 1973 12749 Proposed Rules ______

This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rales 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.

d e p a r t m e n t o f agriculture Forest Service DEPARTMENT OF TRANSPORTATION Agricultural Marketing Service [3 6 CFR Pt. 221 ] Coast Guard [ 7 CFR Pt. 1201 ] NATIONAL FOREST TIMBER [46 CFR Pts. 35, 56, 74, 78, 93, 97, 191, TYPE 62 SHADE-GROWN CIGAR-LEAF TO­ Proposed Requirements in Use BACCO GROWN IN DESIGNATED PRO­ Notice is hereby given that, pursuant 196] DUCTION AREA OF FLORIDA AND to the authority vested in the Secretary [CGD73-58P] GEORGIA of Agriculture by the Act of June 4,1897 OILY BALLAST DISCHARGE (30 Stat. 34, 35 as amended; 16 U.S.C. 1973-74 Fiscal Period; Expenses and Proposed Requirements Fixing of Rate of Assessment for 476, 551), it is proposed to amend part 221 of title 36, Code of Federal Regula­ The Coast Guard is considering amend­ Consideration is being given to the fol­ tions. The purpose of the revision is to ments to the oily ballast discharge regu­ lowing proposals submitted by the Con­ set out the requirements in use of na­ lations for tank vessels, passenger vessels, trol Committee, established under the tional forest timber. Section 221.2 is re­ cargo and miscellaneous vessels, and amended marketing agreement and vised to read as follows: oceanographic vessels, to include refer­ Amended Order No. 195 (7 CFR Part ences to the oil pollution prevention 1201), regulating the handling of Type § 221.2 Requirements in use of national forest timber. operating requirements contained in— 62 shade-grown cigar-leaf tobacco a. Sec. 311 of the Federal Pollution grown in designated production area of The approving officer will insure that Florida and Georgia, effective under the Control Act, as amended (86 Stat. 816; each timber sale contract, permit, or 33 U.S.C. 1161); applicable provisions of the Agricultural other authorized form of national forest Marketing Agreement Act of 1937, as timber disposal is in compliance with b. Sec. 12 of the Oil Pollution Act, 1961, amended (secs. 1-19, 48 Stat. 31, as land use plans and applicable environ­ as amended (75 Stat. 404; 33 U.S.C. amended; 7 U.S.C. 601-674), as the mental quality standards, and includes 1011); and agency to administer the terms and as appropriate such requirements as to C. 33 CFR pts. 151, 155 (37 FR 28256), provisions thereof : provide : and 156 (37 FR 28259). (a) Expenses in the amount of $7,200 . (a) Practical fire prevention and sup­ Interested persons may participate in are reasonable and likely to be incurred pression measures; this proposed rulemaking by submitting by the Control Committee for its main­ (b) Protection of residual live timber, written data, views, or arguments to the tenance and functioning during the fiscal including established young growth; Coast Guard, (GCMC), 400 Seventh period ending January 31,1974. (c) Satisfactory regeneration of tim­ Street SW., Washington, D.C. 20590. (b) The following rate of assessment ber as may be made necessary by har­ Each person submitting a comment which each handler who first handles vesting operations; should include his name and address, tobacco shall pay, in accordance with the (d) Prevention and control of soil ero­ identify the notice (CGD 73-53P), and applicable provisions of the said amended sion; give reasons for any recommendations. marketing agreement and amended or­ (e) Favorable conditions of water flow Comments received before June 18,1973, der, is hereby fixed as such handler’s pro and quality; will be considered before final action is rata share of the aforesaid expenses: (f) Complete utilization of the timber taken on this proposal. Copies of all $1.60 per 1,000 pounds of tobacco handled as may be attained with available written comments received will be avail­ by such handler as the first handler technology; able for examination by interested per­ thereof during the fiscal period ending sons in room 8234, Department of Trans­ January 31,1974. (g) Reduction of the hazards of de­ structive agencies; and portation, Nassif Building, 400 Seventh (c) Terms used in this section* shall Street SW., Washington, D.C. The pro­ have the same meaning as when used in (h) Minimal adverse effects on, or posal may be changed in the light of the said amended marketing agreement and protection and enhancement of, other comments received. amended order. national forest resources, uses, and improvements. No hearing is contemplated but may All persons who desire to submit be held at a time and place set in a later written data, views, or arguments in con­ All persons who wish to submit written notice in the F ederal R eg ister, if re­ nection with the aforesaid proposals data, views or objections pertaining to quested by an interested person desiring should file the same, in duplicate, with the proposed amendment may do so by an opportunity to comment orally at a the Hearing Clerk, U.S. Department of submitting them to the Department of public hearing and raising a genuine Agriculture, room 112, Administration Agriculture, Forest Service, Division of issue. Building, Washington, D.C. 20250, not Timber Management, South Agriculture The Coast Guard published a notice later than May 30,1973. All written sub­ Building, room 3211-A, Washington, of proposed rulemaking in the February missions made pursuant to the notice win D.C. 20250, on or before June 14, 1973. 15,1973 issue of the F ederal R eg ister (38 be made available for public inspection All written submissions made pursu­ FR 4516) which proposed amendments &tthe office of the Hearing Clerk during ant to this notice will be available for official hours of business. to the oily ballast discharge regulations public inspection in the Division of Tim­ for tank vessels, passenger vessels, cargo Done at Washington, D.C., this 8th da ber Management during regular business and miscellaneous vessels, and ocean­ of May 1973. hours (7 CFR 1-27 (b)>. ographic vessels, to include references J ack T hom ason, R obert W . L ong, to laws and regulations that contain oil Director, Tobacco Division, Assistant Secretary. pollution prevention operating require­ Agricultural Marketing Service. M ay 10, 1973. ments. From the comments received con­ [FR Doc.73-9618 Filed 5-14-73:8:45 amj [FR Doc.73-9617 Filed 5-14-73;8:45 am] cerning the proposal, it was obvious to

FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M AY 15* 1973 12750 PROPOSED RULES

the Coast Guard that the public was in­ PART 78— OPERATIONS (a) Section 311 of the Federal Pollu­ terpreting the amendments as substan­ 4. By revising § 78.85-1 to read as fol­tion Control Act, as amended (86 Stat tial additions to the oil pollution preven­ lows: 816; 33 U.S.C. 1161); tion requirements instead of references (b) Section 12 of the Oil Pollution Act, to current requirements. In order to cor­ § 78.85—1 General requirements. 1961, as amended (75 Stat. 404; 33 U.S.c! rect any misconception of the intent of A passenger vessel must be operated to 1011); and the regulations, the Coast Guard de­ (c) 33 CFR parts 151,155, and 156. termined to withdraw the proposal of meet the requirements in— (a) Section 311 of the Federal Pollu­ (R.S. 4405, as amended, R.S. 4417a, as February 15, 1973 and publish a new tion Control Act, as amended (86 Stat. amended, R.S. 4462, as amended, sec. 6(b) (1) proposal that would state the proposed 816; 33 U.S.C. 1161); 80 Stat. 937( 46 U.S.C. 375, 391a, 416, 49 US C amendment as clearly as possible. (b) Section 12 of the Oil Pollution Act, 1655(b) (1); 49 CFR 1.46 (b) and (o) (4).) Accordingly, the proposal published in 1961, as amended (75 Stat. 404; 33 U.S.C. Dated May 9,1973. the February 15, 1973 issue of the F ed­ 1011); and G. H. R ead, eral R egister (38 FR 4516) is hereby (c) 33 CFR parts 151,155, and 156. Captain, U.S. Coast Guard, Act­ withdrawn. ing Chief, Office of Merchant The proposed amendments in this doc­ Marine Safety. ument would add to §§ 35.01-40, 56.50-50, PART 93— STABILITY 74.15-10, 78.85-1, 93.13-10, 97.75-1, 5. By revising paragraph (b) of [FR Doc.73-9573 Filed 5-14-73;8:45 am] 191.25-10, and 196.75-1 a reference to § 93.13-10 to read as follows: the Federal Pollution Control Act, the FEDERAL COMMUNICATIONS Oil Pollution Act, 1961, and the imple­ §93.13—10 Liquid ballast. COMMISSION menting regulations in 33 CFR 151, 155, * * * * * and 156 so that the reader will refer to (b) The liquid ballast used in an oil [ 47 CFR Pts. 2,21 ] these requirements and apply them to tank must be discharged in accordance [Docket No. 19311; FCC 73-455] applicable circumstances. with— MICROWAVE RADIO (1) Section 311 of the Federal Pollu­ In consideration of the foregoing, it is Digital Modulation Techniques proposed to amend chapter 1 of title 46, tion Control Act, as amended (86 Stat. Code of Federal Regulations as follows: 816; 33 U.S.C. 1161) ; In the matter of establishment of poli­ (2) Section 12 of the Oil Pollution Act, cies and procedures for the use of digital PART 35— OPERATIONS 1961, as amended (75 Stat. 404; 33 U.S.C. modulation techniques in microwave 1. By revising § 35.01-40 to read as1011); and radio and proposed amendments to parts follows: (3) 33 CFR parts 151, 155, and 156. 2 and 21. 1. A notice of inquiry in the above- § 35.01—40 Prevention of oil pollution— captioned matter was released on Sep­ TB/ALL. PART 97— OPERATIONS tember 15, 1971, 31 FCC 2d 716. The pur­ A tank vessel must be operated to meet 6. By revising § 97.75-1 to read as fol­pose of the inquiry was to gather data the requirements in— lows: on what effects digital transmission tech­ (a) Section 311 of the Federal Pollu­ §97.75—1 General requirements. niques would have op current microwave tion Control Act, as amended (86 Stat. transmission methods from the stand­ 816; 33 U.S.Q. 1161); A cargo vessel must be operated to point of interference and the necessity meet the requirements in— to modify our rules to permit utilization (b) Section 12 of the Oil Pollution Act, (a) Section 311 of the Federal Pollu­ of digital transmission techniques. In 1961, as amended (75 Stat. 404; 33 U.S.C. tion Control Act, as amended (86 Stat. order to elicit a more comprehensive re­ 1011); and 816; 33 U.S.C. 1161); sponse we asked a number of specific (c) 33 CFR parts 151, 155, and 156. (b) Section 12 of the Oil Pollution Act, questions on various points. Comments 1961, as amended (75 Stat. 404; 33 U.S.C. were filed on or about November 16,1971, 1011); and and reply comments on or about Janu­ PART 56— PIPING SYSTEMS AND (c) 33 CFR parts 151, 155, and 156. ary 17,1972, by various associations, car­ APPURTENANCES riers, manufacturers, and users (see ap­ 2. By revising paragraph (n) of pendix A for a list thereof). § 56.50-50 to read as follows: PART 191— SUBDIVISION AND STABILITY Comments R eceived § 56.50—50 Bilge and ballast piping. 7. By revising paragraph (b) of 2. The majority of those commenting ***** § 191.25-10 to read as follows: conclude that digital modulation tech­ (n) Oil pollution prevention require­ niques could and should be introduced ments for bilge and ballast systems are § 191.25—10 Liquid ballast. * * * * * into the microwave frequencies below 15 contained in subpart B of part 155, title GHz (gigahertz) and that this could be 33, Code of Federal Regulations. (b) The liquid ballast used in an oil accomplished without causing any detri­ tank must be discharged in accordance mental effects to current operations if with— appropriate safeguards are applied. In PART 74— STABILITY (1) Section 311 of the Federal Pollu­ the bands above 15 GHz all respondents 3. By revising the second and thirdtion Control Act, as amended (86 Stat. agreed that digital modulated systems sentences of paragraph (b) of § 74.15-10 816; 33 U.S.C. 1161); should be the rule rather than the excep­ to read as follows: (2) Section 12 of the Oil Pollution Act, tion. A number express the belief that 1961, as amended (75 Stat. 404; 33 U.S.C. the use of digital transmission techniques §74.15—10 Liquid ballast. 1011); and will be as efficient in the utilization of * * * - * * (3) 33 CFR parts 151,155, and 156. the frequency spectrum as the present (b) * * * Oil pollution requirements methods and perhaps more so, especially are contained in— PART 196— OPERATIONS after more experience is obtained and (1) Section 311 of the Federal Pollu­ improvements are incorporated into the tion Control Act, as amended (86 Stat. 8. By revising § 196.75-1 to read as fol­equipment. 816; 33 U.S.C. 1161); lows: 3. The coexistence of these different (2) Section 12 of the Oil Pollution Act, §196.75—1 General requirements. modes of operations in the same bands is 1961, as amended (75 Stat. 404; 33 U.S.C. dependent upon the users of digital tech­ 1011); and An oceanographic research vessel must niques employing certain precautions to be operated to meet the requirements reduce the possibilities of degrading the (3) CFR parts 151,155, and 156. in— performance of analog systems. Under

FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M AY 15, 1973 PROPOSED RULES 12751

such circumstances American Telephone mission. Some of the reasons given are digital and analog facilities, but it recog­ and Telegraph Company (A.T. & T. or the lack of existing use in those bands, nizes that the parties involved will have Bell), Data Transmission Co. (Datran), the absence of technical restraints, the to develop new technical standards gov­ Nippon Electric Co. (Nippon), and others ability of digital systems to endure a erning permissible carrier to interference do not foresee interference between digi­ greater degree of interference, and its ratios. tal and analog systems as being any more economical use of the frequency 10. According to several respondents, greater than the interference experienced spectrum in the higher bands. According digital systems, despite a low channel between analog systems. to A.T. & T. there are two modulation capacity, will be as effective, in terms of 4. The MCI Carriers (MCI) and Gen­methods which utilize bandwidth expan­ frequency usage, in transmitting voice eral Telephone and Electronics Co. sion techniques that will achieve maxi­ as current analog systems. The basis for (GTE) do not, however, share the views mum information ^capacity, and they are this conclusion seems to rest on the abil­ of many other participating parties in digital angle modulation (FSK and ity of digital systems to transmit two regard to permitting digital transmission PSK)1 and high-index analog modula channels on the same frequency by cross in the frequency bands between 2 and 11 tion, A.T. & T. states: polarization techniques and the possi­ GHz. According to these respondents, es­ Both modulation methods show interfer­ bility of placing carrier frequencies of pecially MCI, there is not enough known ence resistance that increases nonlinearly digital systems on closer spacing. How­ about the impact such operations will with bandwidth expansion. Because of the ever, MCI points out that it is not accu­ have on existing systems and therefore, large number of repeaters required, analog rate, by way of comparison to analog if permitted in these bands, digital opera­ modulation has the disadvantage of accumu­ systems, to conclude that twice as many tion should initially be on developmental lation of degradation, whereas digital mod­ ulation is almost free from accumulation of digital channels are available through basis. According to MCI this develop­ distortion and noise. This effect suggests the use of cross polarization since cross mental program should proceed under predominantly digital development of the polarization frequency enables two the guidance of the Commission and is bands above 15 GHz. FDM-FM channels on the same fre­ justified considering: (1) The ineffi­ quency to coexist in close proximity (but ciency existing digital test installations 7. MCI proposes that these higher not on the same path). have shown in spectrum usage; (2) the radio frequency bands be utilized for 11. In addition to general comments extent of disagreement among design en­ implementation of a digital develop­ on digital modulation, we also solicited gineers, users, manufacturers, and other mental program and that any decision comments on a number of specific sub­ interested parties as to the technical fea­ on this matter be deferred until about sidiary questions relating largely to pos­ tures, economy, efficiency, and reliability 1975 to give the Commission an oppor­ sible restraints. The responses to those of digital modulations; and (3) the po­ tunity to review information derived questions are summarized below in very tential for harmful interference to exist­ from actual operations and to base its brief fashion. ing FDM-FM (frequency-division multi­ conclusions on more concrete evidence plex-frequency modulation) systems re­ than that offered by the comments re­ (a) What is the expected technical sulting from such operations. It states: ceived in response to this docket. impact of digital modulation systems on conventional FM operations? Against these unknowns, another working 8. It is generally recognized that in a premise is suggested. We believe that through band'shared between analog and digital As noted above the majority of the a development program fully monitored by systems, the analog facility is more sus­ respondents agree that some harmful the Federal Communications Commission ceptible to interference from the digital interference could occur from an intro­ relative' to digital transmission techniques than the reverse. A.T. & T., Datr&n, duction of digital transmission systems some of the answers to the unknowns will be Nippon, and others, conclude that an in­ into the present radio environment but forthcoming. We believe this to be an emi­ troduction of digital modulated micro- that this could be avoided by initiating nently desirable and worthwhile effort. It wave systems into the present FDM-FM will help to remove the many uncertainties various controls on the power spectrum microwave environment would not be of the digital signals. regarding digital transmission techniques. harmful to the current communication Focus on the advantages versus the disad­ (b) If problems exist, can they be vantages should become much clearer and environment and would not be inefficient issues such as the character, quality and kind in the use of the frequency spectrum. controlled? How? of bit streams over what amount of band­ However, they contend that the achieve­ (c) What technical limitations should width should be more readily determinable ment of coexistence between analog and be imposed? after a phased and carefully coordinated and digital systems must be accompanied by Avantek, A.T. & T., Nippon and others fostered developmental program. some technical limitations on spectrum suggest that filters be made a require­ 5. GTE contends that there has notshape and density of the digitally mod­ ment for operating in the digital mode. been any control on the interfering char­ ulated signals since digital signals tend A.T. & T. recommends that these filters acteristics of developed digital systems to have greater sideband power levels be capable of reducing the power in the and that the efficiency in which the than those of low index FDM-FM sys­ spectrum beyond the first nulls of the bands below 13 GHz are currently being tems and to occupy the channel width emission spectrum 50-55 dB below that employed will be endangered if digital more fully. According to A.T. & T., Datran at the center of the spectrum for fre­ operations are introduced precipitously. and Nippon, the digital signals must be quency bands to be shared with analog GTE acknowledges that digital facilities filtered to eliminate the radiation of a systems and 35-40 dB for frequencies wild be developed which could coexist broader bandwidth signal than required which would be primarily for digital sys­ with conventional microwave systems. by the receiver. tems. However, Nippon appears to take •However, it does not feel that develop­ 9. Another factor pointed out by sev­ the position that a 25-30 dB (dicibel) ment will proceed in this manner unless eral respondents is the interference po­ suppression of the energy beyond the the Commission initially establishes tential of the energy produced by the first nulls would be adequate for all fre­ specific guidelines to direct the develop­ repetitive bit patterns in the digital quency bands. Raytheon, EfA, and Vicom ment of necessary controls on digital stream. As a guard against interference suggest the establishment of power den­ operations. Furthermore, it states that produced by this characteristic, A.T. & T. sity spectrum curves which can be cal­ even though digital systems may be de­ recommends the use of a scrambling de­ culated for various bands and channel igned to exist in the current communi- vice which will randomize the repetitive loadings. In addition Avantek, A.T. & T., :,environment> such systems will bit sequences and thereby reduce the in­ and Nippon recommend pseudorandom ost likely have a greater interference terference potential. A.T. & T. also points noise sources (scramblers) be required Potentml to FDM-FM systems than out that frequency coordination as re­ when Pi$K modulation techniquies are systems would have with quired pursuant to § 21.100(d) will also employed in frequency bands below 15 respect to each other. assist in insuring compatibility between GHz. GTE recommends that all carriers ^ *s generally the consensus that proposing the use of digital modulation cnncivif11 fr?quency bands should be 1 Frequency shift keying and phase shift techniques be required to include in their dered primarily for digital trans­ keying. coordination information a full de-

FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M AY 15, 1973 12752 PROPOSED RULES scription of the spectral characteristics trade-off of bandwidth reduction versus Few definitive suggestions for calcu­ of the proposed facilities. greater sensitivity to interference but lating necessary bandwidth were re­ (d) Should this transmission tech­ also depends on the interference environ­ ceived. Several, including EIA, suggested nique be authorized in all microwave ment, thé associated cost of Increasing that each manufacturer be required to bands * * *? complex equipment, and the desired bit calculate the necessary bandwidth for and error rates. For these reasons the his equipment (presumably at the time Most of the comments favor using digi­ majority of the comments recommend of type acceptance) and justify the tal transmission techniques in all micro- that no specific limitation regarding the wave bands because of its inherent ad­ method of calculation. vantages over techniques currently em­ number of phases be established, al­ However, A.T. & T., Nippon, Datran, ployed by conventional microwave sys­ though many believe that at the crurent and several others do make specific pro­ tems. However, a few of the comments state of development *four phase modula­ posals for calculation. A.T. & T. lists sev­ indicate some reservations about allow­ tion is probably nearest to optimum. Tak­ eral possibilities for PSK systems but pre­ ing full use to occur at this stage of digi­ ing an exception to this view is the Utili­ fers considering the necessary bandwidth tal developmental and suggest only au­ ties Telecommunications Council. It does as that bandwidth between the first nulls thorizing developmental operations. GTE not suggest a definite number of phases on either side of the carrier frequency, suggests that digital transmission be ex­ but does indicate that it should be some provided that the signal power density cluded from the bands below 13 GHz number greater than two because two outside of this range is controlled to a for local distribution purposes except on phase operation is wasteful of bandwidth. specified limit. For FSK systems A.T. & T. an emergency basis with the under­ (g) Should regeneration of the bit believes the currently applicable formula standing that such operation would be stream be required at every relay Cor at for analog systems (as specified in transferred to a band above 13 GHz once every “n” relay), in the interest of mak­ § 2.202) would be appropriate. Nippon adequate frequency allocations and ing systems less sensitive to interference? recommends the following formula for equipment become available. Generally, the comments recommend PSK systems: that regeneration be left as a prerogative (e) Would it be advantageous to estab­ B n = 2 X ~ £ -X K of the system designer and not be de­ log 2m lish a minimum required voice channel termined by rule. It is contended that to or bit capacity for digital systems? If so, require regeneration at every relay may where: what should be the minimum capac­ prove to be uneconomical for long-haul Bn— Necessary bandwidth. ity? Should said capacity be related to systems (although it may be desirable Sp= Total bit rate. the occupied bandwidth? What relation­ in some cases) and that other factors m= Number phases. ships would be appropriate? must be considered, such as the tendency K = Constant (varies with equipment but A number of comments conclude that of the system to be limited by interfer­ is generally 0.75). it is too early to establish minimum ca­ ence and the interference environment For FSK systems it recommends: pacity levels for digital modulation use in which the system will exist. over microwave since its development Bn=2Xr ^ -X (Z+D) is still in infancy, with many improve­ (h) Should digital operations be con­ log2m ments to come. Avantek’s approach to fined to certain locales or to certain this question, if minimums are to be es­ services (i.e. P t/P t microwave fixed, where: satellite, private microwave, etc.) ? K=Constant (dependent on filter—about tablished, would entail specifying dis­ 0.5),. crete capacities for only the 4 and 6 There is general opposition to confin­ D=Deviation ratio (determined from the GHz common carrier bands. The sug­ ing digital operations to any particular value of the S/N required to obtain gested minimum are 288 voice circuits locale or service since such limitations the arbitrary bit error rate and or 20 Mb/s of data per assigned fre­ have the effect of denying some users and bandwidth—generally 0.4-0.5). quency and polarization. In general, segments of the public the benefits of Datran suggests a similar formula for Avantek, Department of Defense, and this mode of operation. The National FSK but its FSK formula is somewhat others suggest a relationship between Association of Business and Educational different (from Nippon’s!: occupied bandwidth and channel capac­ Radio is very much opposed to restric­ ity of approximately one Hertz per bit/ tions or limitations on the use of digital B n = - r ^ L-----|-(n— 1)A/ second of digital rate. GTE recommends equipment in any of the private micro- log2n J granting one channel regardless of the wave services. It claims that in many in­ initial load, but before additional chan­ stances digital microwave is performing where: nels are authorized it must be shown services not yet available from common B=Data rate. that the previously authorized channel carriers. n=Number phases. has been utilized to the m ax im u m (i) Would it be in the public interest A/= Frequency separation of levels. extent. to limit digital transmission in the car­ 12. With regard to the likely develop­ (f) If phase shift keying is proposed, riage of digital data only (prohibit voice ment of digital transmission techniques, should there be a lower limit on the num­ carriage over such facilities) ? we asked questions (k, 1, and m) relating ber of phases employed? What is the The general consensus of those com­ to the types of techniques that are likely optimum trade off of bandwidth reduc­ menting is that there should be no flat to be used and the growth of applications tion by multiphase modulation versus prohibition on the transmission of voice over the next 5 to 20 years, the likely im­ greater sensitivity to interference of such communications over digital facilities. pact of technology, and the claim of bet­ modulation methods? MCI states that some limitations may be ter reliability for digital systems. It is Many respondents point out that PSK advisable when voice traffic exceeds some generally conceded that during the past modest volume because of inefficient 15 yeans much of the digital data trans­ modulated systems (of four phases or mission needs have been primarily ac­ more) tend to require less bandwidth for spectrum efficiency. Datran takes the view that technological advances are commodated by conversion to an analog transmission of information as the num­ mode, though the situation is changing- ber of phases are increased, but the in­ likely to increase the efficiency of dig­ itized voice transmissions. As digital systems become more econom­ crease in number of phases also requires ical and the growth of data services in­ a greater amount of power for system op­ (j) What considerations should be crease, digital systems will be built to pro­ eration, thereby creating a greater source given and methods employed in calcu­ vide for both data and voice communica­ of potential interference. They also state lating necessary bandwidth required lor tions. There is general agreement that that an added effect of increasing the microwave systems employing digital there will be a sharp upturn in digital number of phases is the greater Suscepti­ modulation techniques. The various key­ Communications requirements. A.T. & T. bility to interference these systems ac­ ing methods, i.e. phase shift keying, fre­ states it has investigated ways to im­ quire. The selection of the number of quency shift keying, etc., should be prove transmission of digital data over phases not only relates to the optimum considered. existing microwave systems dedicated

FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M A Y 15, 1973 PROPOSED RULES 12753 primarily to voice communications. It express the belief that advancing com­ sions should be referenced to the maxi­ has devised a method of transmitting ponent technology will lower tfie cost mum level of emissions appearing with­ digital data over analog microwave facil­ and improve the performance and re­ in the authorized bandwidth. However, ities by employing the lower part of the liability of digital microwave, that new we do not consider this to be practical, modulating baseband which they call encoding methods will be more resistant considering the dependence of such in- “Data Under Voice.” 2 A.T. & T. has also to interfering signals, and that new band emissions upon the modulated sig­ developed digital equipment with a 20 methods of supressing sideband radiation nal. Therefore, we are proposing that the Mb/s channeL capacity which is designed will allow closer spacing of microwave reference for the required attenuation to handle three 6.3 Mb/s bit streams systems. of out-of-band emissions be the mean output power of emission, as is pres­ which it anticipates will be put into serv­ D isc u ssio n ice by about 1977 for carrying digital ently the practice in other radio services data. It estimates that as far as the next The frequency bands below 15 GHz.—• and with other forms of modulation. 10 years is concerned digital transmis­ 15. The comments filed in this proceed­ Therefore, we are proposing the specific sion requirements will greatly increase ing can be classified into two groups in limitations shown in appendix B, and will be accommodated by high ca­ regard to the approach to be taken in § 21.106 emission limitations. We believe pacity coaxial cable, waveguide and new introducing digital modulation tech­ that the cost to achieve this attenuation digital systems operating in frequency niques in the same atmosphere with ana­ will be minimal over that necessary to bands above 15 GHz. It believes that sig­ log systems. One group suggests the in­ provide the attenuation presently speci­ nificant use of these higher band fre­ stitution of a developmental program to fied in our rules. However, we invite spe­ quencies will be necessitated by lack of explore any problem areas related to cific comments with regard to this re­ available frequencies in the increasingly digital techniques and to develop rules quirement. Note that this requirement congested 4, 6, and 11 GHz common car­ later. The second group, which comprises differs for the frequency bands above rier bands. However, A.T. & T. indicates the majority, recommends that digital and below 15 GHz. that spectrum utilization could be im­ systems be allowed to share the same 18. Some comments suggest that it is proved by an exploratory program in bands with current microwave systems desirable to use scrambling techniques single sideband AM microwave which subject to some technical restraints to (e.g. pseudo-random noise generators) could, if successful, yield more than reduce the potential of interference. Ad­ to minimize the occurrence of spectral double the capacity of FDM-PM systems vocates of the developmental approach energy concentrations which exist when and be compatible with these systems conclude that there may not be satisfac­ transmitting repetitive coding sequences. under the present interference criteria. tory co-existence of digital and analog Although the use of such devices may be 13. Datran envisions a vast need for systems in the frequency bands below 15 desirable, we do not believe, on the basis digital transmission techniques to pro­ GHz. As previously noted this premise is of present information, that a regulatory vide for the communications require­ based largely on the alleged interference requirement for their use is necessary. ments of the many segments of our econ­ potential to which the analog systems We believe that the decision as to their omy including securities, insurance, and would be subjected and the great amount use should presently be left to the dis­ retailing industries. In the area of in­ of bandwidth required to carry voice cretion of the system operator or de­ surance, it envisions that digital data channels via a digital system. signer, and that the matter of out-of- transmission will develop from transac­ 16. We are not persuaded by the ar­ band interference potential is adequately tion data collections, automated premi­ guments advanced by the “developmen­ addressed in our proposed emission lim­ um payments, inquiries to a centralized tal advocates” that digital equipment itation requirements. medical data base on insurance appli­ should be excluded from regular authori­ 19. Currently, all microwave carriers cants and will also satisfy the need to zation in the lower frequency bands. are required to coordinate the proposed transmit premium and claim transaction While we do acknowledge an increased frequency usage of contemplated micro- data between various field and home of­ interference potential and less efficient wave facilities with other carriers or fices. In the retailing industry it forsees voice transmission capability, we are of users within the area of intended op­ data transmission as a means of control­ the opinion that these liabilities can be eration (see rule 121.100(d)). This re­ ling distribution of merchandise from controlled. Therefore, we generally pro­ quirement would, of course, be continued warehouses to stores, controlling inven­ pose to authorize the use of digital equip­ with respect to digital facilities. How­ tory levels, and implementing on-line ment in t he lower bands subject to ever, in addition to the information now sales and credit systems. In the securities restrictions necessary to protect the op­ required to be included in the coordi­ industry it believes that significant data eration of analog systems in those bands.8 nating process, we further propose that transmission capacity will be required to 17. Present day operations indicate proposals involving the use of digital meet immense volume and the need for that when employing digital modulation microwave systems in the bands below more rapid completion of transactions. techniques there is a more even distri­ 15 GHz include a description of the mod­ 14. Most comments indicate that sig­ bution of radiated energy within the ulation techniques proposed and, upon nificant future technical innovations and authorized bandwidth than when using request of the parties being coordinated refinements may be anticipated, but they frequency division multiplex (PDM) with, a complete description of the 2?e very limited on specifics. In Western techniques. Therefore, the potential for spectral characteristics of the equipment Union’s view the most likely method of increased levels of emissions outside of proposed.4 This we hope will facilitate modulation to be heavily employed in the authorized bandwidth appears to clearing proposals and avoiding impact the future will be PSK modulation be­ be greater for digital as compared with on analog facilities. cause of its high theoretical efficiency, an FDM signal. Although there is some 20. In addition to minimizing the rew others venture any definite predict­ disagreement as to the specific amount potential for interference to systems or* others venture any definite pre- such emissions should be attenuated, employing frequency division multiplex mctions on which digital technology, if there is general agreement that attenua­ (FDM) modulation techniques, we are hut 'Vu likely. écorne predominant, tion is required. Some respondents indi­ concerned with the capability of facili­ l-o ti e mos^ interest appears to be cur- cated that the level of out-of-band emis- ties employing digital modulation tech- rentiy centered on PSK. Canadian Mar- 5, rwi hidicates that much experimental 3 Certain microwave systems employ digital 4 In amending § 21.100(d), we are taking thft evelopmental work is underway, but and frequency division multiplex’ techniques this opportunity to incorporate into the work ^ proprietary and to simultaneously modulate a radio fre­ coordination procedures the informal guide­ efore inaccessible. However, it does quency carrier. We propose to consider such lines that are currently being used. Also, operations digital, and thus subject to the coordination would be made applicable to technical requirements for digital modulation applicants in the Domestic Public Land Mo­ ,a system has been authorize« techniques, if they operate in accordance bile Radio Service which share the 2 GHz between Chicago, 111., and with the criteria in § 21.120(f), as shown In common carrier band for control and re­ appendix B. peater uses.

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 12754 PROPOSED RULES niques to provide for encoding a suffi­ continuous or analog form should be has a power level such that it presents a cient number of speech channels, par­ transmitted by FDM techniques. How­ potential source of interference which is ticularly in the lower frequency bands. ever, there are practical reasons why this 8.2 dB greater than a signal from a sys­ One of the reputed advantages of digi­ cannot always be done. The most obvious tem employing 2 signaling states. Also, a tal modulation techniques is the ability is that the vast majority of existing PSK system employing a greater number to receive with a reduced carrier-to- transmission facilities normally employ of signaling states (i.e., 8 or 16) requires noise ratio, in comparison to using FDM FDM or analog modulation techniques greater carrier-to-noise ratios for equal modulation techniques, thereby allow­ but of necessity will also have to handle error rates, and therefore - may not be ing the use of the same radio frequency some information in discrete state or able to successfully utilize quadrature twice on a particular path by employing digital form, at least on the less dense polarization of antennas to permit- the cross-polarization discrimination. routes, for many years to come. Also, it use of a single radio frequency channel The respondents favoring immediate appears that there are some economic to obtain two separate transmission unrestricted utilization of digital modu­ reasons why it may be desirable to em­ paths. When comparing 2 and 4 signaling lation techniques cite this capability as ploy digital modulation techniques to state systems, it is generally conceded the means by which the systems employ­ handle encoded voice channels, espe­ that there is no différence in the amount ing such techniques will be able to carry cially on short routes.® Therefore, we do of power required for the same total sig­ as many encoded speech channels in a not propose to exclude transmissicn of naling rate, if the bandwidth of the 4- given amount of radio frequency band­ speech channels by digital modulation state system is reduced by one-half. It width as could be carried by FDM tech­ techniques or of information in discrete appears from this that the use of a 4- niques. However, this appears to be an form by FDM technique. However, we be­ state system would be desirable for effi­ oversimplification of the matter. It ap­ lieve it would be appropriate to place cient use of the frequency spectrum. pears that greater utilization of the some minimum requirement upon the However, we are not presently proposing spectrum may be obtained by using a equipment employing digital modulation to place any such limitation upon the modulation technique with a format sim­ techniques insofar as its capability to technical requirements for equipment, ilar to that of the information to be sent, carry encoded speech channels. There­ but instead we are proposing that the i.e., digital modulation techniques for fore, we are proposing to require that all signaling rate in bits per second be nu­ information in discrete states, such as transmitting equipment employing digi­ merically equal to or exceed the author­ data, and FDM techniques for informa­ tal modulation techniques and used in ized bandwidth in Hz for equipment tion in. analog form, such as speech. As the lower frequency bands be capable of operating below 15 GHz. Inasmuch as the an example, if we consider a system op­ operation with a bit rate numerically use of digital modulation techniques with erating within an authorized bandwidth equal to or greater than the authorized microwave systems is relatively new, we of 20 MHz we should, with proper en­ bandwidth and where employed to carry intend to follow closely the nature of its coding, be able to carry a 20 megabit per encoded speech channels, have a capabil­ development and use. At a later date, we second signal by use of digital modula­ ity to carry a minimum of *1200 such may find that additional technical pa­ tion techniques. However, if we consider speech channels for operation in the 4, 6, rameters (e.g. requirements for certain a 1200 voice channel FDM system with a and 11 GHz common carrier bands and numbers of signaling states, and require­ maximum capability of 9.6 kilobel per 96 such speech channels for operation in ments for regenerative repeaters) should second (kB/s> per voice channel, the the 2 GHz common carrier bands. These be specified. However, at this time, we system capacity will be only 11.52 mega­ capabilities for carrying encoded speech believe the minimal requirements set bits per second. Conversely, present op­ channels are reduced by one-half under forth in this proceeding will provide con­ erational FDM techniques will permit certain specified conditions as indicated trols adequate to permit effective admin­ 1800 speech channels to be accommo­ in the proposed § 21.120(e) (3), shown istration of our spectrum management dated within a 30 MHz authorized band­ in appendix B. These minimum capabili­ responsibilities without unduly restrict­ width, whereas the same bandwidth will ties should permit some flexibility in the ing the development of the technology. often accommodate only about 960 operation of systems employing digital The frequency "bands 15 GHz and speech channels encoded for transmis­ modulation techniques, «while providing above.—23. It is the consensus of the sion by digital modulation techniques, reasonable constraints against possible comments that digital modulation tech­ even when employing polarization di­ inefficient use of the frequency bands niques can be applied in these higher versity. While we understand that newer presently experiencing congestion. bands without the problems anticipated and more sophisticated equipment being 22. Since PSK, or some form of PSK,in the lower bands. In fact some of the developed will substantially improve the appears to be the preferred digital mod­ comments suggest that only digital meth­ efficiency, spectrumwise, of employing ulation technique and the one on which ods be allowed in the bands above 15 digital modulation technique to carry en­ most of our considerations have been GHz in light of the scarce use currently coded speech channels, it is unlikely in based, some comments are in order on being made of these frequencies and the the near future to equal the capacity of this technique. We understand that mul­ relatively few problems that would be en­ the more advanced equipment employing tiplex equipment has been developed for countered. Even though the transmission FDM techniques to carry speech PSK employing 2,4 and 8 signaling states techniques to be employed in these bands channels.5 (phases), with 16-signaling state equip­ appear most likely to be virtually all digi­ 21. On the basis of current technology,ment a future possibility. As the number tal, we do not believe that it is necessary we would then expect that all informa­ of signaling states are increased, the to confine the use of this region of the tion in discrete state or digital form system capacity is increased (or the re­ spectrum to digital techniques. To im­ should be transmitted by digital modula­ quired bandwidth decreased) but an in­ pose such a restriction, we believe, would tion techniques and all information in crease in transmitter power is required. be shortsighted since no one is sure what The increase in transmitter power in­ innovations the future will bring. Nor would such restriction appear necessary 6 Even if digital equipment could equal the creases the interference potential of a voice carrying capacity of analog equipment system. For example, Datran states that or advisable from a technical standpoint for the same amount of radio frequency a 16-state PSK system (compared at an since digital transmissions are consid­ bandwidth, its use of both polarizations on error rate of 10‘8) requires a signal which ered to be less sensitive to interference a frequency would limit the ability of digital from analog systems. Although we are systems to be located in closer proximity to not proposing restrictions on the type of other systems, especially FDM systems. This * One example of this is where a microwave modulation that can be employed, it shall is because the cross polarization discrimina­ system interconnects with a T carrier cable be incumbent upon users proposing mod­ tion which could otherwise be used to avoid system. Since the T carrier is designed to ulation techniques other than digital, to frequency conflicts is not available since both carry voice in a digitally encoded format, it polarizations would be utilized by the digital can be interconnected to microwave facilities design their systems to reasonably tol­ system. Therefore, all other things being employing digital modulation techniques, erate a digital environment. equal, the system that uses a single polariza­ without utilizing additional multiplex 24. Initially, we propose a minimum of tion is preferable. equipment. technical constraints for equipment em-

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 PROPOSED RULES 12755

Conclusion Electronic Industries Association (Pt/Pt ploying digital modulation techniques Communciations Section). and operating in these higher frequency 28. Appendix B hereto contains the de­ Farinon Electric. bands. The main consideration at this tails of the rules proposed. Applications GTE Lenkurt. time will be for minimizing emissions proposing the use of digital techniques GTE Service Corp. outside of the authorized bandwidth. may be filed. If they are consistent with International Microwave Corp. Therefore, we are proposing certain min­ the proposed rules, they may be granted, Laser Link Corp. imum attenuation requirement for such Martin Marietta Corp. but any authorizations issued will be MCI Carriers. emissions. Our proposal is set forth in ap­ made subject to the finalization of the Microwave Associates, Inc. & Vicom (Joint). pendix B, § 21.106 emission limitations. rules in this proceeding. Applications not National Association of Manufacturers. While we expect the higher bands to be consistent with the proposed rules will Nippon Electric Co., NEC America, Inc. used ih an efficient manner, we are not not be granted but will be retained on Raytheon Co. presently faced with the difficulties in file pending the finalization of this Secretary of Defense. frequency assignment which prevail in proceeding. Somerset Telephone Co. the lower frequency bands. With this in United States Independent Telephone As­ mind, we believe that the innovative use 29. Authority for this proposed rule- sociation. of these bands to provide better and making is contained in sections 4(i), 303, Utiltles Telecommunications Council.1 more economical communications will be and 403 of the Communications Act of Western Union Telegraph Co. encouraged by specifying a minimum of 1934, as amended. All interested persons REPLY COMMENTS technical constraints. Specifically, we are are invited to file written comments on Aerospace and Flight Test Radio Coordi­ not presently proposing to apply any these proposed rules on or before July 2, nating Council. minimum 1973, and reply comments On or before American Telephone & Telegraph Co. speech channel encoding re­ August 3, 1973. In reaching its decision Avantek, Inc. quirements to equipment operating in in this matter, the Commission may take City of Anchorage Telephone Utility and the bands above 15 GHz. into account any other relevant informa­ Matanuska Telephone Association (Joint). Calculation of bandwidth.-—25. We are tion before it in addition to the com­ Communications Satellite Corp. proposing to modify the existing tables ments invited by this notice. Data Transmission Co. for calculating necessary bandwidth Electronic Industries Association (Satellite 30. In accordance with the provisions Telecommunications Section). shown in § 2.202 of our rules. The formu­ of § 1.419 of the Commission’s rules, an MCI Carriers. las shown in appendix B would apply to original and 14 copies of all comments, National Association of Business and Educa­ amplitude-, frequency-, or phase-mod­ tional Radio, Inc. ulated emissions which obtain when em­ replies, pleadings, briefs or other docu­ National Association of Manufacturers. ploying digital modulation techniques. ments shall be furnished to the Commis­ Somerset Telephone Co. sion. Responses will be available for pub­ 26. The formulas proposed for ampli­ Appendix B tude modulated emissions have been de­ lic inspection during regular business veloped from those specified for other It is proposed to amend parts 2 and hours in the Commission’s public refer­ 21 of chapter I of title 47 of the Code of types of keyed emissions. However, we ence room at its headquarters in Wash­ recognize that the value for K, shown as Federal Regulations as follows: 6 may require modification for amplitude ington, D.C. 1. In § 2.1 add the following definition modulated emissions, depending upon Adopted May 3,1973. in appropriate alphabetical order: certain transmission considerations, or § 2.1 Definitions. that R specified as the signaling speed Released May 8,1973. * * * * * in bits per second, for frequency modu­ F ederal Communications Digital modulation. The process by lated emissions, may have to be adjusted Commission, which some characteristic (frequency to account for additional required signal­ [seal] B en F. W aple, phase or amplitude) of a carrier is varied ing frequency components appearing be­ Secretary. in accordance with a signal composed yond the fundamental frequency cor­ A p p e n d ix A of coded pulses or states derived from responding to the signaling rate. For quantized information. phase shift' keying, we are proposing a COMMENTS FILED IN DOCKET NO. 19311 * * * # * ^ formula specified in some of the com­ Aerospace and Flight Test Radio Coordinat­ § 2.202 [Amended] ments received. Our proposal for fre­ ing Council. quency shift keying is a modification of American Telephone & Telegraph Co. 2. In §2.202 modify paragraphs (e) the present 2M+2DK formula for cal­ Association of American Railroads. and (g) as indicated: Avantek, Inc. * * * * * culation of necessary bandwidth in FDM Canadian Marconi Co. systems. Here, we have specified a value Central Committee on Communication Fa­ (e) In the formulation of the table in of unity for if. The specified method of cilities of the American Petroleum Insti­ paragraph (g) of this section, the fol­ considering the maximum modulation tute. lowing terms are employed: frequency in FDM systems as the funda­ City of Anchorage Telephone Utility and * * * * * mental frequency of the signaling rate, R, Matanuska Telephone Association, Inc. R ss Maximum signaling speed in binary digits may require modification, and should be (Joint). (bits) per second. Collins Radio Co. commented upon. The peak frequency Columbia Broadcasting System, Inc. S=Number of signaling states. deviation will normally be considered as Communications Satellite Corp. * * * * * being the deviation produced by the dig­ (g) Table of necessary bandwidths: ital modulation plus the peak deviation Cubic Corp. Produced by any FDM signals. Culberton Industries, Inc. 1 Also considered in this proceeding were 2^ We recognize that the occupied Data Transmission Co. UTC’s comments filed in Docket No. 18878. bandwidth of a digitally modulated sig­ L Amplitude Modulation nal may be greater than the necessary bandwidth of an FDM-FM signal of the Examples same capacity and, therefore, may be of Description and class of emission Necessary bandwidth in Hertz peater significance in determining the Details Designation authorized bandwidth. However, we are of emission ^ convinced that there is good reason or departing from the existing definition * • ♦ • * i occupied bandwidth contained in § 2.202(a,) of the rules. But we do raise Composite transmission: Bn=RK Microwave radio relay specifications: 30,000A9 G e question of whether the resulting au- A9 (Digital modulation Digital modulation used to send 5 with PCM encoding)^ JT-f megabit signaling rate by use of ¡SS!™ bandwidth will permit the full amplitude modulation of the main ¡ 2 2 5 of adjacent channels (under carrier. Computation of flu e n c y plans) by analog and 6X10* bits per second, K=6. digital equipment. 6X10*X6. Bandwidth“ 30,000 Hz.

FEDERAL REGISTER, VOL. 38, N O . 94— TUESDAY, M A Y 15, 1973 No. 93—Pt. I- -S 12756 PROPOSED RULES

arrangement between the parties that n. F requency Modulation would require special procedures be taken to reduce the likelihood of harm­ Examples Description and class ful interference (such as the use of arti­ of emission Necessary bandwidth in Hertz ficial site shielding) or would result in Details Designation lessened quality or capacity of either of emission system, the details thereof shall be con­ tained in the .application. The following # * * « * * ♦ guideline^ are applicable to the coordi­ nation procedure: Composite transmission: Microwave radio relay system specifi­ 10,000F9G (1) Coordination involves two sepa­ F9 (Digital modulation B 2 R K cations: digital modulation used to with PCM encoding). " logjS send a 10 megabit signaling rate by rate elements: Notification and response. use of phase shift keying with 4 sig­ Both or either may be oral or in written K= 1 naling states. Computation of B n: form. To be acceptable for filing, all R = 107 bits per second; S=4. Band­ width: 107 Hz. applications and major amendments must certify that coordination, includ­ Composite transmission: Bn=2R+2DK Microwave radio relay system specifi­ 24.000F9G ing response, has been completed. The F9 (Digital modulation cations: digital modulation used to Aame of the carriers with which coordi­ with PCM encoding). K=1 send 10 megabit signaling rate by nation was accomplished must be use of frequency shift keying with a 2 MHz peak deviation of the main specified. carriejr. Computation of B nt D=2 (2) Notification must include rele­ MHz; R=107 bits per second. B„= 2X107+4X10J Bandwidth=24X106 vant technical details of the proposal. Hz. At minimum, this should include, as ap­ plicable, the following: III. P ulse Modulation T ransm itting statio n nam e. Transmitting station coordinates. * * * • * * * Frequencies and polarization to be added or changed. Transmitting equipment type, its stability, 3. Add the following to § 2.577(b) (3) : phase, or amplitude) of a carrier is actual o u tp u t power, and emission desig­ varied in accordance with a signal com­ nator. § 2.577 General information required posed of coded pulses or states derived Transmitting antenna type and model and,- for type acceptance. from quantized information. if required, a typical pattern and maximum ***** gain. * * * * Ht (b) * * * T ransm itting an ten n a h eight above ground (3) * * * 6. Amend § 21.100(d) to read as level and ground elevation above mean sea follows: level. For equipment employing digital modu­ Receiving station name. lation techniques, a detailed description § 21.100 Frequencies. Receiving statio n coordinates. ♦ * * H Ht Receiving antenna type and model and, if of the multiplex system to be used, in­ required, a typical pattern and maximum cluding the response characteristics (fre­ (d) All applicants for regular authori­ gain. quency, phase, and amplitude) of any zation in the point-to-point microwave Receiving antenna height above ground level filters provided, and a description of the radio and local television transmission and ground elevation above mean sea modulating wavetrain, shall be services and in the domestic public land level. submitted. mobile radio service for use of the Path azimuth and distance. * Ht * * * bands 2110-2130 MHz and 2160-2180 (3) For transmitters employing digital MHz shall, before filing an application modulation techniques at frequencies be­ 4. In § 2.579, change the designation or major amendment to a pending ap­ for subparagraph (c) (8) to (c) (9), and low 15 GHz, the notification should plication, coordinate proposed frequency clearly identify the type of modulation. add a new subparagraph (c) (8) to read usage with existing users in the area and as follows: Upon request, details of the operating other applicants with previously filed characteristics of any equipment em­ § 2.579 Measurement data required for applications, 'whose facilities could af­ ploying digital modulation techniques type acceptance. fect or be affected by the new proposal shall also be furnished. Ht Ht Ht * * in terms of frequency interference or (4) Response to notification should be (c) * * * restricted ultimate system capacity. In made as quickly ds possible, even if no (8) Transmitters employing digital coordinating frequency usage with sta­ technical problems are anticipated. modulation techniques—when modu­ tions in the fixed-satellite service, appli­ Every reasonable effort should be made lated by an input signal such that its cants shall also comply with the re­ by all carriers to eliminate all problems amplitude and switching rate represent quirements of § 21.706 (c) and (d). All and conflicts. If no response to notifica­ the maximum rated conditions under applicants, permittees, and licensees shall tion is received .within 30 days, the ap­ which the equipment will be operated. cooperate fully and make reasonable ef­ plicant will be deemed to have made rea­ The signal shall be applied through any forts to resolve technical problems and sonable efforts to coordinate and may file filter networks, pseudorandom genera­ conflicts that may inhibit the most effec­ his application without a response. tors or other devices used in normal tive and efficient use of the radio spec» (5) The 30-day notification period is service. In addition, the occupied band­ trum. Applicants should make every rea­ calculated from the date of receipt by the width shall be shown for operation both sonable effort to avoid blocking the carrier being notified. If notification is with and without any filtering which may growth of systems that are likely to by mail, this date may be ascertained by: be needed for purposes of shaping the need additional capacity in the fore­ (i) the return receipt of certified mail, seeable future. The applicant shall iden­ (ii) the enclosure of a card to be dated spectrum of the radio frequency tify in the application all entities with emissions. and returned by the recipient, or (iii) & which the technical proposal was coor­ conservative estimate of the time re­ Ht # * * * dinated. In the event that technical quired for the mail to reach its. destina­ 5. In § 21.1 add the following defini­ problems are not resolved or if the exist­ tion. In the latter case, the estimated tion in appropriate alphabetical order: ing licensee, permittee, or applicant does date when the 30-day period would ex­ not respond to coordination efforts with­ pire should be stated in the notification. § 21.2 Definitions. in 30 days after notification, an explana­ (6) All technical problems that come to Ht * * * * tion shall be submitted with the appli­ light during coordination must be re­ Digital modvZation. The process by cation. Where technical problems are solved unless a statement is included witn which some characteristic (frequency, resolved by an agreement or operating the application to the effect that the ap-

FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M A Y 15, 1973 PROPOSED RULES 12757 plicant is unable or unwilling to resolve percent up to and including 100 percent mined by adding the deviation produced the conflict and very briefly the reason of the authorized bandwidth: by the digital modulation signal and the therefor. At least 50 decibels for operating fre­ deviation produced by any frequency (7) Where a number of technical quencies below 15 GHz and 35 decibels division multiplex (FDM) modulation changes become necessary for a system for operating frequencies above 15 GHz; used. The deviation (D) produced by the during the course of coordination, an at­ (ii) On any frequency removed from FDM signal shall be determined in ac­ tempt should be made to minimize the the assigned frequency by more than 100 cordance with § 2.202(f) of this chapter. number of separate notifications for these percent up to and including 250 percent [FR Doc.73-9489 Filed 5-14-73;8:45 am] changes. Where the changes are incor­ of the authorized bandwidth: porated into a completely revised notice, At least 60 decibels for operating fre­ the items that were changed from the quencies below 15 GHz and 45 decibels [ 47 CFR Pt. 73 ] previous notice should be identified. for operating frequencies above 15 GHz. [Docket No. 19732; RM-1946; FCC 73-465] (8) Where subsequent changes are not (3) On any frequency removed from numerous or complex, the carrier receiv­ the assigned frequency by more than 250 FM BROADCAST STATIONS; MARION, ILL. ing the changed notification should make percent of the authorized bandwidth: At Notice of Proposed Rulemaking and Order an effort to respond in less than 30 days. least 43 plus 10 Logio (mean output power To Show Cause Where the notifying carrier believes a in watts) decibels, or 80 decibels, which­ shorter response time is reasonable and ever is the lesser attenuation. In the matter of amendment of § 73.202 appropriate, it may be helpful for him (b), table of assignments, FM broadcast to so indicate in the notice and perhaps 8. In § 21.120, add new paragraphs (e) stations (Marion, 111.). suggest a response date. and (f) to-fead as follows: 1. The Commission has before it a pe­ (9) If it is determined that a subse­ § 21.120 Type acceptance of transmit­ tition for rulemaking filed by 3-D Com­ quent change could have no impact on ters. munications Corp. (3-D) seeking sub­ stitution of class B channel 297 for chan­ some carriers receiving the original no­ * * * * . * tification, it is not necessary to coordinate nel 296A as the only assignment at Mar­ (e) Transmitters employing digitalion, 111. 3-D is licensee of station WDDD the change with such carrier. However, modulation techniques and operating be­ these carriers should be advised of the (FM) which operates on channel 296A. low 15 GHz shall, with appropriate mul­ An informal opposition to the petition change and of the opinion that coordina­ tiplex equipment, comply with the fol­ tion is not required for said change. has been filed by First Trust Association lowing additional requirements: (FTA), licensee of stations WEBQ AM (10) Carriers should supply to all (1) The transmission rate, in bits per other carriers, or known carrier appli­ and FM, both in Harrisburg, 111., a little second, shall be equal to or greater than more than 20 miles from Marion. cants, within their areas of operations, the authorized bandwidth in hertz, e.g., the name, address, and telephone num­ to be acceptable for use in a frequency 2. 3-D contends that substitution of a ber of their coordination representatives. band permitting an authorized band­ class B channel would bring two impor­ Upon request from coordinating carriers width of 20 MHz, the equipment must be tant advantages. First, 3-D asserts that or applicants, data and information con­ shown to be capable of operating at a it would bring improved service in the cerning existing or proposed facilities transmission rate of at least 20 megabits area the station now serves by enabling and future growth plans in the area of per second. it to overcome reception problems caused interest should be furnished unless such (2) To be considered acceptable for by the hilly terrain. Second, 3-D argues request is unreasonable or would impose use with 4 kHz message channels encoded that it would be able to extend the sta­ a significant burden in compilation. as digital modulation, shall be capable of tion’s coverage to a large area not now (11) Carriers should keep other carri­ satisfactory operation within the author­ served and which is in need of additional ers with which they are coordinating ad­ radio service. Because of the increase in ized bandwidth when operating at a bit the population the station would serve vised of deletions or changes in plans for rate sufficient to encode at least the fol­ facilities previously coordinated. If appli­ lowing number of such speech channels: (3-D estimates an increase to 250,000 cations have not been filed 6 months af­ persons from the current 75,000); 3-D ter coordination was completed, carriers Number of encoded indicates it would be able to operate on a may assume, unless notified otherwise, Frequency range (MHz) : 4 kHz channels 24-hour-per-day basis. According to 3-D, that such frequency use is no longer de­ 2110 to 2130______96 the proposal is consistent with all appli­ sired. 2160 to 2180______96 cable requirements and requires no chan­ 3700 to 4200______1, 200 nel change by any existing station. It \ *n § 21.106, modify paragraph (a) 5925 to 6425______1, 200 10,700 to 11,700______1, 200 would require the removal of channel 297 as indicated: which is currently assigned to Poplar 8 21.106 Emission limitations. (3) The required minimum number ofBluff, Mo. This channel is unoccupied, channels shown in paragraph (e) (2) of and 3-D proposes channel 238 as a (a) The mean power of emissions shall this section may be reduced by one-half, be attenuated below the mean output substitute. provided that simultaneous operation of 3. FTA disputes 3-D’s contention that Power of the transmitter in accordance two such transmitters at the same loca­ with the following schedule : the channel could or should be utilized tion, on identical radio frequencies, does at Marion. According to FTA, the pro­ ,, , When using transmissions other not cause the error rate received from tnan those employing digital modulation posal to use channel 238 as a substitute either transmitter to exceed twice the for the Poplar Bluff channel would re­ techniques: error rate received from a single trans­ (i) On any frequency removed from sult in short spacing to channel 237A at mitter operated independently. The error Ripley, Term. FTA questions the need for tne assigned frequency by more than 50 rate, after the permitted degradation, up an including 100 percent a class B operation at Marion, asserting shall be such that acceptable operational that the area into which service would be decibeiaUth0riZed bandwidth: At least 25 capability will be maintained. extended already has at least one aural (f) For purposes of compliance with ° n any freduency removed from the emission limitation requirements of service and in some cases several. FTA me assigned frequency by more than 100 § 21.106(a) (2) and the requirements of also disputes 3-D’s claim that the addi­ percent up to and including 250 percent paragraph (e) of this section, digital tional height available with a class B fa­

FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M AY 15, 1973 12758 PROPOSED RULES

4. Initially, we note that FTA’s con­ ered in connection with the decision proceeding for the purpose of clarifying tention about a possible short spacing herein. the Commission’s position concerning is based on the separation between Pop­ 7. In view of the foregoing, and pur­the use by shippers of their credit card lar Bluff, Mo., and Ripley, Tenn. In actu­ suant to authority found in sections 4 systems in paying the tariff charges of ality, the Ripley channel is in use at (i), 303(g) and (r), and 307(b) of the regulated motor common carriers of Brownsville, Tenn. As a result, no prob­ Communications Act of 1934, as amend­ household goods; that a proceeding was lem would develop if any prospective ed, it is proposed to amend the FM table instituted and provision made for the user of the substitute Poplar Bluff chan­ of assignments (§ 73.202(b)) to read as filing of representations by any person nel selected a site at least 3 miles north­ follows: or persons supporting or opposing the re­ west of town. Since this restriction is lief sought; and that representations in minimal and satisfactory service to the Channel No; support of the petition were filed individ­ community could be provided from such City ually by Bekins Van Lines Co., Philip K. a site, we do not consider this an im­ Present Proposed Davies, and North American Van Lines, pediment to favorable action on the sub­ Inc., and jointly by Alexander Marko­ Marion, 111______296A 297 ject proposal. 3-D’s preclusion showing Poplar Bluff, Mo , _ _ __ 297 238 witz and Transpayco, and representa­ establishes that no-new preclusionary tions in opposition were separately filed effect would occur on any adjacent chan­ by Allied Van Lines, Inc., and Wheaton nel, and as to channel 297 itself, it is 8. It is ordered, That the informal op­ Van Lines, Inc.; usable only in the immediate area of position filed by First Trust Association And it further appearing, that inves­ Marion. Even if we do not give full weight is denied. tigation of the matters and things in­ to 3-D’s assertions about gains in cover­ 9. It is further ordered, pursuant to volved in this proceeding having been age (both 3-D and FTA have provided section 316 of the Communications Act made, and the Commission, on the date incomplete data), it is clear that service of 1934, as amended, that 3-D Commu­ hereof, having made and filed an interim would be greatly extended. More impor­ nications Corp. shall show cause why its report herein containing its findings of tantly, in a significant portion of the license should not be modified to specify fact and tentative conclusions thereon, gain area, the station would be able to operation on channel 297 in lieu of chan­ which interim report is hereby made a provide a second FM service. As to the nel 296A. part hereof : matter of assigning a class B channel to 10. Pursuant to applicable procedures It is ordered, That additional written a community of 11,724 persons, we note set out in § 1.415 of the Commission’s statements of facts, views, and argu­ that two area communities, Carmi (6,033 rules, interested persons may file com­ ments respecting the tentative conclu­ persons) and Harrisburg (9,535 persons), ments on or before June 14, 1973, and sions reached in the said interim report, already have class B assignments. FTA’s reply comments on or before June 25, the rule proposed therein, and any other concern as licensee of a class B station 1973. All submissions by parties to this pertinent matter, are hereby invited to in Harrisburg operating with only 1.65 proceeding or by persons acting in behalf be submitted by any interested person, kW at 305 ft above average terrain is of such parties must be made in written whether or not such person is already a understandable. It argues against up­ comments, reply comments, or other ap­ party to this proceeding, on or before setting a competitive equilibrium, but propriate pleadings. June 25, 1973, and a copy of such state­ considering the fact that its station has 11. In accordance with the provisions ments shall be served upon petition» facilities well below the class B, 5-kW of § 1.419 of the Commission’s rules, an and all parties presently on record in the minimum, accepting this argument could original and 14 copies of all comments, proceeding. only thwart the purpose underlying the replies, pleadings, briefs, and other docu­ It is further ordered, That a notice system of FM allocations. While FTA has ments shall be furnished the Commis­ sion. These documents will be available of the proposed rule will be published been able to continue to operate with in the F ederal R egister; that written this low power because the minimum is for public inspection during regular busi­ material or suggestions submitted will be applied only prospectively, this is hardly ness hours in the Commission’s public available for public inspection at the a basis for giving it special protection. reference room at its headquarters, 1919 Offices of the Interstate Commerce Com­ There is no suggestion that an increase M Street NW, Washington, D.C. mission, 12th and Constitution, Wash­ in coverage for th'e Marion station would Adopted May 3,1973. ington, D.C., during regular business have any negative impact on the public hours; and that notice to the general (as distinguished from FTA’s private) Released May 8,1973. public of the matter herein under con­ interest. Absent such a showing, FTA’s F ederal Communications sideration will be given by depositing a opposition must be denied. Com m ission, copy of this order in the Office of the 5. We solicit comments on the pro­ [ seal] B en F . W aple, Secretary of the Commission for public posed substitutions in Marion, HI., and Secretary. Inspection and by filing a copy thereof Poplar Bluff, Mo. In this connection, 3-D with the Director, Office of the Federal . should indicate its continuing interest in [PR Doc.73-9597 Piled 5-14-73;8:45 am] Register. the proposal, and it and other interested And it is further ordered, That the parties are invited to provide useful data INTERSTATE COMMERCE petition in all other respects be, and it on any relevant aspect of the case. COMMISSION is hereby, denied. 6. Cutoff procedure.—The following procedures will govern: [ 49 CFR Pt. 1056 ] By the Commission. (a) Counterproposals advanced in this [Ex Parte MC-19 (Sub-No. 16) ] [ seal] R obert L. Oswald, Secretary. proceeding itself will be considered, if PRACTICES OF MOTOR COMMON advanced in initial comments, so that Proposed rules for utilization of credit parties may comment on them in reply CARRIERS OF HOUSEHOLD GOODS Use of Credit Card Systems card plans by motor common carriers comments. They will not b’e considered, of household goods to be added to part if advanced in reply comments. Order.—At a general session of the In­ 1056 of Chapter X of Title 49 CFR. (b) With respect to petitions for rule- terstate Commerce Commission, held at making which conflict with the pro­ § 1056.____ Credit card plans; quarterly’ this office in Washington, D.C., on the reporting required. posal (s) in this notice, they will be con­ 27th day of April 1973. sidered as comments in this proceeding, (a) Each motor common carrier of and public notice to that effect will be It appearing, that by petition filed No­ household goods desiring to participate given, as long as filed before the date vember 9, 1971, Movers’ & Warehouse­ in a credit card plan must obtain prior for filing initial comments herein. If filed men’s Association of America, Inc.* approval for such plan from the Inter­ later than that, they will not be consid­ sought the institution of a rulemaking state Commerce Commission by submit'

FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M A Y 15, 1973 PROPOSED RULES 12759 ting a copy of its agreement with each as may be found not to be in the public And it is further ordered, That a copy financial institution participating in the interest; and good cause appearing of this order be served upon all the par­ plan. Approval or disapproval will be therefor: ties; that written material or suggestions made informally by the Commission in It is ordered, That, based on the fore­ submitted will be available for public in­ the form of a letter indicating informal going explanation, a general investiga­ spection at the Offices of the Interstate consent for or disapproval of the plan. tion and rulemaking proceeding be, and Commerce Commission, 12th and Con­ (b) Each motor common carrier of it is hereby, instituted under the au­ stitution, Washington, D.C., during regu­ household goods participating an an ap­ thority of part n of the Interstate Com­ lar business hours; that a copy be posted proved credit card plan shall file with the merce Act, and 5 U.S.C. 553 and 559 (the in the Office of the Secretary, Interstate Commission quarterly reports showing Administrative Procedure Act), to de­ Commerce Commission, Washington, (1) by bill of lading number and date velop information concerning (1) the D.C., for public insepection; and that a each shipment transported for which a lawfulness of conclusions reached by Ap­ copy be delivered to the Director, Divi­ credit card was utilized by the shipper for pellate Division 1 in Trails West, Inc. v. sion of the Federal Register, for publica­ the payment of all or a portion of the Continental Trailways, Inc., supra, and tion in the F ederal R egister as notice to total charges, (2) thé total charges for all alternatives thereto and consequences all interested persons. each such shipment, (3) the amount paid thereof; (2) the effects such conclusions By the Commission. by carrier for credit checks and collec­ would have upon the operations of pas­ [seal] R obert L. Oswald, tion service on each shipment, (4) the senger brokers and all proper means of Secretary. points from and to which each such ship­ alleviating any such effects as may be ment moved, (5) the credit card system found not to be in the public interest; [FR Doc.73-9603 Filed 5-14-73;8:45 am] utilized (and the financial institution (3) the formulation of any legislation controlling the said system) for each that may be needed in the public inter­ SELECTIVE SERVICE SYSTEM such shipment, and (6) the quarterly est; and (4) the taking of such other totals for items (1), (2), and (3), and further action as the facts and cir­ [3 2 CFR Pt. 1612] (118 M.C.C.) cumstances may justify or require. INTERNAL ORGANIZATIONAL DUTIES IN It is further ordered, That all licensed CONNECTION WITH REGISTRATION [FR Doc.73-9602 Filed 5-14-73;8:45 am] passenger brokers operating in interstate or foreign commerce within the United Proposed Revocations [ 49 CFR Ch. X ] States be, and they are hereby, made par­ Pursuant to the Military Selective [Ex Parte No. MC—87] ties to this proceeding. Service Act, as amended (50 U.S. Code It is further ordered, That the Depart­ App., sections 451 et seq.), and § 1604.1 PASSENGER BROKERS ment of Transportation and the Presi­ of Selective Service regulations (32 CFR Interpretation of Operating Authorities dent's Office of Consumer Affairs be, and 1604.1), the Director of Selective Serv­ they are hereby, requested to become par­ ice hereby gives public notice that con­ At a general session of the Interstate ties to this proceeding and to present sideration is being given to the follow­ Commerce Commission, held at its office ing proposed amendments to the Selec­ in Washington, D.C., on the 2d day of such information during., the course of this proceeding as may be useful in aid­ tive Service regulations constituting a May 1973. It appearing, that in No. MC- portion of chapter XVI of the Code of C-6759, Trails West, Inc. v. Continental ing this Commission to resolve the above- mentioned issues. Federal Regulations. These regulations Trailways, Inc., 115 M.C.C. 269 (1972), implement the Military Selective Serv­ Appellate Division 1 concluded that in It is further Ordered, That no oral ice Act, as amended (50 U.S. Code App., order effectively to execute a tour con­ hearings be scheduled for the receiving sections 451 et seq.). tract the passenger broker must sell and of testimony in this proceeding unless a The proposals would revoke regula­ arrange for transportation only at the need therefor should later appear, but tions prescribing the internal organi­ point which it is authorized to serve and that parties or any interested persons zational duties in connection with reg­ the parties must mutually sign the con­ may participate in this proceeding by istration. tract at that point; submitting for consideration written All persons who desire to submit views It further appearing, that many pas­ statements of facts, views, and argu­ to the Director on the proposals should senger brokers may have significantly ments on the subjects mentioned above, prepare them in writing and mail them developed their operations upon the or any other subjects pertaining to this proceeding. to the Director, Selective Service Sys­ premise that contracts need only be ap­ tem, Attn: T.T.n, 1724 F Street NW, proved at an authorized point of serv­ It is further ordered, That any person, Washington, D.C. 20435. Comments re­ ice; and that now to require existing including the parties named above, in­ ceived on or before June 14, 1973, will passenger brokers to adjust their op­ tending to participate in the formal be considered. erations to the standards enunciated by pleadings stage in this proceeding by The proposed amendments follow. Appellate Division 1 in No. MC-C-^6759, submitting initial statements or reply Section 1612.11 Responsibility of may have a substantial damaging impact statements shall notify the Commission State Director of Selective Service, is on the operations of such brokers; by filing with the Secretary, Interstate revoked. It further appearing, that for the rea­ Commerce Commission, Washington, Section 1612.21 Duties of chairman sons noted in the preceding paragraph, D.C. 20423, on or before June 1, 1973, of local board, is revoked. it would be in the public interest to the original and one copy of a statement Section 1612.22 Establishing and institute, a rulemaking proceeding (1) of his intention to participate; that this making ready places of registration, is to explore the lawfulness of the conclu- Commission shall then prepare and make revoked. smns reached in the report of Appellate available to all such persons a list con­ Section 1612.23 Registrars, is revoked. Division 1 in No. MC-C-6759, and all taining the names and addresses of all Section 1612.24 Interpreters, is re­ alternatives thereto and consequences parties to this proceeding, upon whom voked. thereof; (2) to determine the effects such copies of all statements must be filed, and B yron V. P epitone, conclusions would have upon the opera­ that initial statements and reply state­ Director. tions of passenger brokers and all proper ments must be filed on or before July 30, May 10, 1973. means of alleviating any such effects 1973, and August 29,1973, respectively. [FR Doc.73-9567 Filed 5-14r-73; 8:45 am]

FEDERAL REGISTER, V O L 38, NO . 93— TUESDAY, M A Y 15, 1973 12760 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 and problems banks are experiencing in Using the above criteria, purchase price the eighth national bank region. Was found to be lower than the adjusted Comptroller of the Currency It is hereby determined pursuant to home market price of such or similar REGIONAL ADVISORY COMMITTEE ON section 10(d) of Public Law 92-463 that merchandise. BANKING POLICIES AND PRACTICES the meeting is concerned with matters The U.S. Tariff Commission is being OF THE SECOND NATIONAL BANK listed in section 552(b) of title 5 of the advised of this determination. REGION United States Code and particularly with This determination is being published Notice of Closed Meeting exceptions (3), (4), and (8) thereof, and pursuant to section 201(c) of the Act (19 is therefore exempt from the provisions U.S.C. 160(c)). Pursuant to section 10(a) (2) of the of section 10 (a)(1) and (a)(3) of the Federal Advisory Committee Act (Public act (Public Law 92-463) relating to open [seal] Edward L. Morgan, Law 92-463), notice is hereby given that meetings and public participation Assistant Secretary of the Treasury. a closed meeting of the Comptroller of herein. the Currency’s Regional Advisory Com­ [PR Doc.73-9710 Piled 5-14-73;8:45 am] mittee on Banking Policies and Practices Dated May 9, 1973. DEPARTMENT OF THE INTERIOR of the Second National Bank Region will [seal] J. T. Watson, be held at 8:30 a.m. on May 25-26, 1973, Acting Comptroller of the Currency. Bureau of Land Management at Seaview Country Club, Absecon, N.J. [PR Doc.73-9599 Piled 5-14-73;8:45 am] [Serial No. 1-4467] The purpose of this meeting is to assist the regional administrator and Comp­ IDAHO troller of the Currency in a continuing Office of the Secretary Notice of Termination of Proposed review of bank regulations and policies. [O: A: T 64.3 DLW] Withdrawal and Reservation of Lands The meeting will also apprise agency officials of current conditions and prob­ CERAMIC GLAZED WALL TILE FROM THE M a y 7,1973. lems banks are experiencing in the Sec­ PHILIPPINES Notice. of an application Serial No. ond National Bank Region. Determination of Sales at Less than Fair 1-4467 for withdrawal and reservation of It is hereby determined pursuant to Value lands was published as FR Doc. 71-14612 section 10(d) of Public Law 92-463 that Information was received on June 28, on page 19446 of the issue for October 6, the meeting is concerned with matters 1972, that ceramic glazed wall tile from 1971. The applicant agency has can­ listed in section 552(b) of title 5 of the the Philippines was being sold at less celled its application insofar as it in­ United States Code and particularly with than fair value within the meaning of volved the lands described below. There­ exceptions (3), (4), and (8) thereof, and the Antidumping Act, 1921, as amended fore, pursuant to the regulations con­ is therefore exempt from the provisions (19 U.S.C. 160 et seq.) (referred to in tained in 43 CFR 2091.2-5 (b), such lands of section 10 (a)(1) and (a)(3) of the this notice of the Act). will be at 10 a.m. on June 26, 1973, re­ act (Public Law 92-463) relating to open A withholding of appraisement notice lieved of the segregative effect of the meetings and public participation issued by the Secretary of the Treasury above mentioned application. therein. was published in the F ederal R egister of The lands involved in the notice of Dated May 9, 1973. February 14, 1973 (38 FR 4420). termination are: I hereby determine that, for the rea­ B o is e M e r id ia n , I d a h o [seal] J. T. Watson, sons stated below, ceramic glazed wall Acting Comptroller of the Currency. tile from the Philippines is being, or is STANLEY LAKE LAGOON [PR Doc.73-9598 Filed 5-14-73;8:45 am] likely to be, sold at less than fair value T. 11 N., R. 12 E., within the meaning of section 201(a) of Sec. 27, W%NW%NE}4, E%NE%NW%. the Act (19 U.S.C. 160(a)). The area described aggregates 40 acres. REGIONAL ADVISORY COMMITTEE ON Statement of reasons on which this The above described lands are with­ BANKING POLICIES AND PRACTICES determination is based.—The informa­ drawn for the Sawtooth National Recre­ OF THE EIGHTH NATIONAL BANK tion before the Bureau of Customs re­ REGION ation Area by Public Law 92-400, dated veals that the proper basis of comparison August 22, 1972. Notice of Closed Meeting for fair value purposes is between pur­ Vincent S. S trobel, Pursuant to section 10(a) (2) of the chase price and the adjusted home mar­ ket price of such or similar merchandise. Chief, Branch of La n d and Federal Advisory Committee Act (Pub­ Management Operations. lic Law 92-463), notice is hereby given Purchase price was calculated on the basis of the f.o.b. Manila price for ex­ [FR Doc.73-9550 Piled 5-14-73;8:45 am] that a closed meeting of the Comptroller portation to the United States, with de­ of the Currency’s Regional Advisory ductions for the included inland freight, Committee on Banking Policies and IDAHO Practices of the Eighth National Bank brokerage charges, and applicable dis­ counts. Additions were made for sales Redelegation of Authority Region will be held at 9 a.m. on June 1, taxes and import duties rebated or not 1973 at the Broadwater Beach Hotel, collected by reason of exportation to the Pursuant to the authority contained in Biloxi, Miss. United States. § 1.1(a) of BLM Order No. 701, dated The purpose of this meeting is to as­ July 23, 1964, as amended, I hereby &u* sist the Regional Administrator and Home market price was calculated on thorize the district managers, State w the basis of the ex-works or f.o.b. Manila Idaho, to perform the functions whicn Comptroller of the Currency in a con­ price, with, a deduction for inland tinuing review of bank regulations and freight. Adjustments were made for dif­ are delegated to me in § 1.5(a) of the policies. The meeting will also apprise ferences in bank charges, advertising, above cited order. The authority dele­ agencies officials of current conditions and packing. gated may not be redelegated.

FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M AY 15, 1973 NOTICES 12761

The redelègation of authority dated [Int PES 73-24] Public participation is invited, and July 13, 1962 and published July 19, YELLOWSTONE NATIONAL PARK, WYO.; written statements are welcome, before 1962, on page 6850 in the F ederal PROPOSED WILDERNESS CLASSIFICA­ or after the meeting, by contacting For­ r e g is t e r is hereby rescinded. TION est Supervisor, Los Padres National For­ est, 42 Aero Camino, Goleta, Calif. The above delegation shall become ef­ Notice of Availability of Final 93017—telephone 805-968-1568. Oral fective June 1, 1973. Environmental Statement statements may be allowed, subject to ad­ Clair M. Whitlock, Pursuant to section 102(2) (c) of the vance approval by the chairman and Acting State Director. National Environmental Policy Act, the within time limits. Department of the Interior has prepared D ouglas R. Leisz, Approved May 9, 1973. a final environmental statement for pro­ Regional Forester. George L. T urcott, posed wilderness classification for Yel­ March 7,1973. Associate Director, lowstone National Park, Wyo. [FR Doc.73-9553 Filed 5-14-73;8:45 am] Bureau of Land Management. The final environmental statement [PR Doc.73-9551 Piled 5-14-73; 8:45 am] considers the designation of 2,016,181 acres of Yellowstone National Park as BLUE RANGE PRIMITIVE AREA; MINERAL wilderness. EXPLORATION PROPOSAL Office of the Secretary Copies are available for inspection or Availability of Final Environmental [Int PES 73-23] from the following locations: Statement CARLSBAD CAVERNS NATIONAL PARK, Midwest Regional Office, National Park Serv­ Pursuant to section 102(2) (C) of the N. MEX.; PROPOSED WILDERNESS ice, 1709 Jackson Street, Omaha, Nebr. National Environmental Policy Act of CLASSIFICATION 68102. 1969, the Forest Service, Department of Yellowstone National Park, Yellowstone Na­ Notice of Availability of Final tional Park, Wyo. 82190. Agriculture, has prepared a final environ­ Environmental Statement mental statement of a mineral explora­ Dated May 8, 1973. tion proposal in the Blue Range primi­ Pursuant to section 102(2) (c) of the tive area, Apache National Forest, USDA- National Environmental Policy Act, the Laurence E. Ly n n , Jr., Assistant Secretary of the Interior. FS-FES ( Adm. ) 73-35. Department of the Interior has prepared The environmental statement consid­ a final environmental statement for pro­ [FR Doc.73-9556 Piled 5-14-73;8:45 am] ers probable environmental effects or posed wilderness classification for Carls­ impacts of a proposal for mineral explo­ bad Caverns National Park, N. Mex. DEPARTMENT OF AGRICULTURE ration in the Blue Range primitive area. The final environmental statement The final environmental statement was considers the designation of 30,210 acres Federal Crop Insurance Corporation filed with CEQ on May 9,1973. of Carlsbad Caverns National Park as [Notice 72] Copies are available for inspection dur­ wilderness and 320 acres be designated as TOBACCO, TYPE lib — NORTH CAROLINA ing regular working hours at the follow­ potential wilderness addition. ing locations. Copies are available from or for in­ Extension of Closing Date for Filing spection at the following locations: Applications for 1973 Crop Year TJSDA, Forest Service, South Agriculture Bldg., Room 3230, 14th Street & Independ­ Southwest Regional Office, National Park Pursuant to the authority contained in ence Ave. SW., Washington, D.C. 20250. Service, Old Santa Fe Trail, P.O. Box 728, § 401.103 of title 7 of the Code of Fed­ USDA, Forest Service, Southwestern Region, Santa Pe, N. Mex. 87501. eral Regulations, the time for filing ap­ 517 Gold Avenue SW., Albuquerque, N. Mex. Carlsbad Caverns National Park, P.O. Box 87101. 1598, Carlsbad, N. Mex. 88220. plications for tobacco crop insurance for the 1973 crop year on Type lib tobacco Apache National Forest, Dated May 8,1973. in all counties in North Carolina where Box 640, such insurance is otherwise authorized to Springerville, Ariz. 85938. Laurence E. Ly n n , Jr., Assistant Secretary of the Interior. be offered is hereby extended until the Copies are available from the National close of business on May 25, 1973. Such Technical Information Service, U.S. De­ [PR Doc.73-9554 Piled 5-14-73;8:45 am] applications received during this period partment of Commerce, Springfield, Va. will be accepted only after it is deter­ 22151; and Colorado Plateau Environ­ [Int PES 73-25] mined that no adverse selectivity will mental Advisory Council, P.O. Box 1389, result. Flagstaff, Ariz. 86001. Please refer to the GRAND TETON NATIONAL PARK, WYO.; PROPOSED WILDERNESS CLASSIFICA­ [seal] D. W. M cElwrath, name and number of the environmental TION Acting Manager, statement above when ordering. Federal Crop Insurance Corporation. A limited number of single copies are Notice of Availability of Final available upon request to William D. Environmental Statement [FR Doc.73-9564 Filed 5-14-73;8:45 am] Hurst, regional forester, southwestern Pursuant to section 102(2) (C) of the region, U.S. Forest Service, 517 Gold National Environmental Policy Act, the Forest Service Avenue SW., Albuquerque, N. Mex. 87101. Department of the Interior has prepared CALIFORNIA ADVISORY COMMITTEE Copies of the environmental statement a final environmental statement for pro­ have been sent to various Federal, State, posed wilderness classification for Grand Notice of Meeting leton National Park, Wyo. and local agencies as outlined in the The California advisory committee to Council on Environmental Quality The final environmental statement the U.S. Forest Service will hold a field considers the designation of 115,807 acres meeting on May 30, 31, and June 1, 1973, Guidelines. Grand Teton National Park as wilder- on the Los Padres Forest and vicinity. P hilip L. T hornton, ness. The group will assemble at Oxnard- Deputy Chief, Forest Service. f r ^ P^ s ?re available for inspection or Ventura Airport at 11 a.m. on May 30. May 9,1973. from the following locations: Travel will be by bus and sedans over [FR Doc.73-9615 Filed 6-14-73;8:45 am] ° fflce> National Park Serv- forest roads in the vicinity of Ojai, Santa 68102 709 Jackstm street, Omaha, Nebr. Barbara, and the Santa Ynez Valley. Dis­ cussions will consider fuel management PINYON-JUNIPER CHAINING PROGRAM, GMM^Tw°nMoose, Wyo. 83012. iTatlonal Park, P.O. Box • 67, and fire protection programs, land use UTAH planning, and land ownership adjust­ Availability of Draft Environmental Dated May 8,1973. ment, and watershed and recreation in Statement the Santa Ynez area. The meeting will . Laurence E. Ly n n , Jr., conclude at an 8 a.m.-ll:30 a.m., con­ Pursuant to section (102(2)(C) of the Assistant Secretary of the Interior. ference at the Pepper Tree Motel, Santa National Environmental Policy Act of [PR Doc.73-9555 Piled 5-14-73; 8:45 am] Barbara, Calif., on June 1. 1969, the Forest Service, Department of

FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M AY 15, 1973 12762 NOTICES

Agriculture, has prepared a draft envi­ POPO AGIE PRIMITIVE AREA, WYO. DEPARTMENT OF COMMERCE ronmental statement for chaining pin- Availability of Draft Environmental Domestic and International Business yon-juniper on National Forest lands in Statement the State of ‘Utah. Report number Administration USDA-FS-DES(Adm.) 73-63. Pursuant to section 102(2) (C) of the [Organization and Function Order No. 42-1] The environmental statement applies National Environmental Policy Act of DIRECTORATE OF ADMINISTRATIVE to National Forest land administered by 1969, the Forest Service, Department of MANAGEMENT the intermountain region, Forest Service, Agriculture, has prepared a draft envi­ USDA in Utah. It covers the practice of ronmental statement for Management Organization and Functions chaining over pinyon-juniper trees each Proposals for the Popo Agie Primitive This order effective April 20, 1973 su­ year on approximately 6,000 acres of Area and contiguous lands of the South­ persedes the material appearing at 38 land covered by dense stands and/or ern Wind River Mountain Range, Sho­ FR 9318 of April 13,1973. shone National Forest, Wyo., USDA-FS- spreading stands of pinyon-juniper trees. S ection 1. Purpose. This draft environmental statement DES (Leg.) 73-64. was filed with CEQ April 26,1973. The environmental statement concerns This order delegates authority to the Copies are available for inspection dur­ a proposal that the Popo Agie Primitive Deputy Assistant Secretary for Adminis­ ing working hours at the following loca­ Area and certain contiguous lands of the trative Management, and prescribes the tions: Shoshone National Forest in Fremont organization and functions of the direc­ torate. USDA, Forest Service, South Agriculture and Sublette Counties, Wyo., be desig­ Bldg., room 3230, 12th St. & Independence nated as wilderness and added as a unit S ec. 2. Delegation of Authority, Ave. SW., Washington, D.C. 20250. of the National Wilderness Preservation USDA, Forest Service, 437 East Main Street, System. .01 Subject to such policies, directives, Vernal, Utah 84078. and delegations of authority as may be USDA, Forest Service, Federal Bldg.; room The draft environmental statement was issued by the Secretary of Commerce and 5002, 324 25th Street, Ogden, Utah 8440L. filed with CEQ on May 9, 1973. Copies by the Assistant Secretary for Domestic USDA, Forest Service, 350 East Main Street, are available for inspection during regu­ and International Business, and in ac­ Price, Utah 84501. cordance with applicable department or­ USDA, Forest Service, 500 South Main Street, lar working hours at the following Cedar City, Utah 84720. locations: ganization orders and department ad­ USDA, Forest Service, 1525 Addison Avenue USDA, Forest Service, South Agriculture ministrative orders, the Deputy Assistant East, Twin Falls, Idaho 83301. Building, 12th Street and Independence Secretary for Administrative Manage­ USDA, Forest Service, 4438 Federal Building, Avenue SW„ Washington, D.C. 20250. ment is hereby authorized to conduct all 125 South State, Salt Lake City, Utah 84111. USDA, Forest Service, Rocky Mountain Re­ administrative management activities USDA, Forest Service, P.O. Box 1428, Provo, gion, Denver Federal Center, Building 85, and serve as the administrative officer Utah 84601. Denver, Colo. 80255. for all operating units In the Domestic USDA, Forest Service, 170 North Main, Rich- and International Business Administra­ t field, Utah 84701. A limited number of single copies are tion. A limited number of single copies are available upon request to Chief John R. .02 The Deputy Assistant Secretary for available upon request to Vem Hemre, McGuire, Forest Service, South Agricul­ Administrative Management is also dele­ regional forester, USDA, Forest Service, ture Building, Washington, D.C. 20250. gated the authorities of the assistant Federal Building, 324 25th Street, Ogden, Copies are also available from thé Na­ secretary as applicable to performing the Utah 84401. tional Technical Information Service, functions assigned in section 4. Copies are also available from the Na­ U.S. Department of Commerce, Spring- .03 The Deputy Assistant Secretary for tional Technical Information Service, Administrative Management may redele­ U.S. Department of Commerce, Spring- field, Va. 22151. Please refer to the name gate authorities to any employee of the field, Va. 22151. Please refer to name and and number of the environmental state­ Directorate of Administrative Manage­ number of the statement above when ment when ordering. ment subject to such conditions in the ordering. Copies of the environmental statement exercise of such authority as he may pre­ Copies of the environmental statement have been sent to various Federal, State, scribe. have been sent to various Federal, State, and local agencies as outlined in the S ec. 3. Organization and Line of Au­ and local agencies outlined in the Council thority. on Environmental Quality Guidelines. Council on Environmental Quality Comments are invited from the public Guidelines. .01 The Directorate of Administrative and from State and local agencies which Comments are invited from the public Management shall be headed by the De­ are authorized to develop and enforce en­ and from State and local agencies which puty Assistant Secretary for Adminis­ vironmental standards, and from Federal are authorized to develop and enforce trative Management who shall also be agencies having jurisdiction by law or the Director and who shall report and be special expertise with respect to any en­ environmental standards, and from Fed­ responsible to the assistant secretary, vironmental impact involved for which eral agencies having jurisdiction by law DIB. The deputy assistant secretary shall comments have not been requested or special expertise with respect to any be assisted by a deputy director who shall specifically. environmental impact involved for perform the functions of the deputy as­ Comments concerning the proposed ac­ which comments have not been requested sistant secretary in the latter’s absence. tion and request for additional informa­ .02 The Directorate of Administrative specifically. Management shall consist of the follow­ tion should be addressed to Vem Hamre, Comments concerning the proposed regional forester, Federal Building, 324 ing principal organizational elements: 25th Stçeet, Ogden, Utah 84401. Com­ action and requests for additional infor­ Office of Personnel ments must be received by May 26, 1973, mation should be addressed to John R. Office of Management and Systems in order to be considered in the prepara­ McGuire, Chief, Forest Service, Wash­ Office of Administrative Services tion of the final environmental statement ington, D.C. 20250. Office of Budget S ec. 4. Functions. P h il ip L. T hornton, P h il ip L. T hornton, Deputy Chief, Forest Service. Deputy Chief, Forest Service, .01 The Deputy Assistant Secretary for Administrative Management shall be the M ay 8, 1973. M ay 9, 1973. principal assistant and advisor to the [FR Doc.73-9614 Filed 5-14-73;8:45 am] [FR Doc.73-9616 Filed 5-14-73:8:45 am] Assistant Secretary for Domestic and in*

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 NOTICES 12763 temational Business on administrative mon to find data transmissions which A copy of the record pertaining to this management matters. constitute funds transfers of several mil­ decision is available for public review .02 Directorate of Administrative Man­ lion dollars, purchase or sale of securi­ during ordinary business hours of the agement for the Domestic and Interna­ ties, warrants for arrests or arrest and Department of Commerce, at the Office tional Business Administration organi­ conviction records being communicated of Import Programs, Department of zation units, shall : between law enforcement agencies, air­ Commerce, Washington, D.C. 20230. a. Provide liaison with departmental line reservations and ticketing represent­ Docket No. 73-00348-33-46500. Appli­ offices reporting to the Assistant Secre­ ing investment and value both to the cant; Brown University, Brown and tary for Administration ; airline and passengers, and health and Waterman Street, Providence, R.I. b. Review and coordinate budget re­ patient care records transmitted among 02912. Article: Ultramicrotome, Model quirements and prepare and control fiscal physicians and treatment centers. LKB 8800A and accessories. Manufac­ plans and programs; The increasing volume, value and con­ turer: LKB Produkter AB, Sweden. In­ c. Administer the personnel manage­ fidentiality of these records regularly tended use of article: The article is in­ ment program; transmitted and stored by commercial tended to be used in experiments aimed d. Provide direction and coordination and government agenices has led to at defining the neural connections be­ of organization and management activi­ heightened recognition and concern over tween the dorsal thalamus and the neo­ ties; their exposure to unauthorized access cortex in several species of vertebrates, e. Provide travel services ; and use. This misuse can be in the form primarily the opossum. Investigations of f. Provide protocol services ; of theft or defalcations of data records synaptic relations in the lamphrey spinal g. Develop and maintain a DIBA man­ representing money, malicious modifica­ cord at the electron microscopic level agement information system; and tion of business inventories or the inter­ will also be carried out. Application re­ h. Provide other administrative serv­ ception and misuse of confidential infor­ ceived by Commissioner of Customs: ices not specifically provided by the de­ mation about people. The need for January 23, 1973. Advice submitted by partmental offices under the Assistant protection is then apparent and urgent. Department of Health, Education, and Secretary for Administration by agree­ It is recognized that encryption (other­ Welfare on: April 19, 1973. ment between the Assistant Secretary for wise known as scrambling, enciphering Comments: No comments have been Domestic and International Business and or privacy transformation) represents received with respect to this application. the Assistant Secretary for Administra­ the only means of protecting such data Decision: Application approved. No in­ tion. during transmission and a useful means strument or apparatus of equivalent sci­ of protecting the content of data stored entific value to the foreign article, for Sec. 5. Effect on other orders. on various media, providing encryption such purposes as this article is intended This order supersedes DIBA organiza­ of adequate strength can be devised and to be used, is being manufactured in the tion and function order 42-1 of November validated and is inherently integrable United States. Reasons: Examination of 17,1972. into system architecture. The National the applicant’s thin sections under the electron microscope will provide optimal Lawrence A. Pox, Bureau of Standards solicits proposed Acting Assistant Secretary for techniques and algorithms for computer information when such sections are uni­ Domestic and International data encryption. The Bureau also solicits form in thickness and have smoothly cut Business. recommended techniques for implement­ surfaces. Conditions for obtaining high ing the cryptographic function; for gen­ quality sections depend to a large extent [PR Doc.73-9588 FUed 5-14-73;8:45 am] erating, evaluating and protecting cryp­ on the properties of the specimen being tographic keys; for changing and trans­ sectioned (e.g., hardness, consistency, National Bureau of Standards porting or communicating keys; for toughness, etc.), the properties of the maintaining files encoded under expir­ embedding media and the geometry of CRYPTOGRAPHIC ALGORITHMS FOR PRO­ ing keys; for making partial updates to the block. In connection with prior case TECTION OF COMPUTER DATA DURING encrypted files; and mixed clear and (docket No. 69-00665-33-46500) which TRANSMISSION AND DORMANT STOR­ encrypted data to permit labeling, poll­ relates to the duty-free entry of an iden­ AGE ing, routing, etc. The Bureau in its role tical foreign article, the Department of Solicitation of Proposals for establishing standards and aiding Health, Education, and Welfare (HEW) government and industry in assessing advised that “Smooth cuts are obtained The National Bureau of Standard when the speed of cutting (among such under Department of Commerce author technology, will arrange for the evalua­ tion of protection methods in order to [other] factors as knife edge condition ities and responsibilities for fostering and angle), is adjusted to the character­ promoting, and developing U.S. trade am prepare guidelines. Responses to this notice should be sub­ istics of the material being sectioned. The commerce, and based on the Nationa range of cutting speeds and a capabil­ Bureau of Standards responsibility fo mitted on or before July 16, 1973. Re­ sponses should be submitted to the Di­ ity for the higher cutting speeds is, there­ the custody, maintenance, and develop fore, a pertinent characteristic of the nient of the National standards of meas rector, Institute for Computer Sciences ultramicrotome to be used for sectioning urement, and the provision of means am and Technology, National Bureau of materials that experience has shown dif­ methods for making measurements con Standards, Washington, D.C. 20234. ficult to section.” In connection with an­ sistent with those standards, solicits pro Dated May 10, 1973. , other prior case (docket No. 70-00077-33- posais for algorithms for the encryptfoi 46500) relating to the duty-free entry of computer data to ensure their protec R ichard W. R oberts, D irector. of an identical foreign article, HEW ad­ tion during transmission over exposei vised that “ultrathin sectioning of a va­ communications facilities or while re [FR Doc. 73-9705 Filed 5-14-73;8:45 am] riety of tissues having a wide range in corded on media and in transport or i: density, hardness, etc.” requires a maxi­ storage. It is the intent of NBS to collec Office of Import Programs mum range in cutting speed and, further, *“® ■ submitted algorithms, select thos BROWN UNIVERSITY that “The production of ultrathin serial suitable for commercial and nondefens sections of specimens that have great government use and to publish guideline Notice of Decision on Application for Duty- variation in physical properties is very relative to employing encryption. Free Entry of Scientific Article difficult.” The foreign article has a cut­ Over the last decade, there has bee; The following is a decision on an ap­ ting speed range of 0.1 to 20 mm/s. The ¿accelerating increase in the accumu plication for duty-free entry of a sci­ most closely comparable domestic in­ an

No. 93—pt. FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M A Y 15, 1973 12764 NOTICES April 19, 1973, that cutting speeds in the dynamic shear stress measurement of microscope. Manufacturer: JEOL Ltd., excess of 4 mm/s are pertinent to the ap­ normal blood and analysis of abnormali­ Japan. Intended use of article: The arti­ plicant’s research studies. ties in blood rheology in disease. We, cles are ancillary parts and accessories to We therefore, find that the model therefore, find that the Rheometrics me­ an electron microscope ordered from the MT-2B ultramicrotome is not of equiva­ chanical spectrometer is not of equiva­ same manufacturer which is to be used to lent scientific value to the foreign article lent scientific value to the foreign article examine various inorganic materials in for such purposes as this article is in­ for such purposes as the article is in­ connection with research programs on tended to be used. tended to be used. metals, metal-carbides, crystalline ce­ The Department of Commerce knows The Department of Commerce knows ramics, glasses, and polymers. Studies of no other instrument or apparatus of of no other instrument or apparatus of will include: plastic deformation of su­ equivalent scientific value to the foreign equivalent scientific value to the foreign per plastic Al-base alloys; equilibrium article, for such purposes as this article article, for such purposes as this article dislocation configurations and stacking is intended to be used, which is being is intended to be used, which is being fault energies in Ag-Sn and Au-Sn al­ manufactured in the United States. manufactured in the United States. loys; nucléation and growth of Bi-Sn al­ loy single crystals; stress corrosion phe­ B. B lankenheimer, B. B lankenheimer, nomena in Cu- and Fe-base alloys; wear Acting Director, Acting Director, of sintered metal-carbide (-WC and Office of Import Programs. Office of Import Programs. Tic) tool materials, Al2Os, SiC, and SiaN4; [PR Doc.73-9575 Filed 5-14-73;8:45 am] [PR Doc.73-9577 Piled 5-14-73;8:45 am] plastic deformation and fracture of ALOs, SiC, and SLN*. Application re­ ceived by Commissioner of Customs Jan­ COLUMBIA UNIVERSITY, COLLEGE OF CRYBIOLOGY RESEARCH INSTITUTE uary 16, 1973. Advice submitted by De­ PHYSICIANS AND SURGEONS Notice of Consolidated Decision on Appli­ partment of Health, Education, and Wel­ Notice of Decision on Application for Duty- cations for Duty-Free Entry of Accesso­ fare on April 19,1973. Free Entry of Scientific Article ries for Foreign Instruments Comments: No comments have been The following is a decision on an appli­ The following is a Consolidated deci­ received with respect to any of the fore­ cation for duty-free entry of a scientific sion on applications for duty-free entry, going applications. Decision: Applica­ article pursuant to section 6(c) of the of accessories for foreign instruments tions approved. No instrument or appa­ Educational, Scientific, and Cultural pursuant to section 6(c) of the Educa­ ratus of equivalent scientific value to the Materials Importation Act of 1966 tional Scientific and Cultural Materials foreign articles, for the purposes for (Public Law 89-651, 80 Stat. 897) Importation Act of 1966 (Public Law 89- which the articles are intended to be and the regulations issued thereunder 651, 80 Stat. 897) and the regulations used, is being manufactured in the as amended (37 FR 3892 et seq.). issued thereunder as amended (37 FR United States. Reasons: The applications A copy of the record pertaining to this 3892 et seq.). (See especially §701.11 relate to compatible accessories for in­ decision is available for public review (e>.) struments that have been previously im­ during ordinary business hours of the De­ A copy of the record pertaining to each ported for the use of the applicant in­ partment of Commerce, at the Office of of the applications in this consolidated stitutions. The articles are being manu­ Import Programs, Department of Com­ decision is available for public review factured by the manufacturers which merce, Washington, D.C. 20230. during ordinary business hours of the produced the instruments with which Docket No. 73-00281-33-86500. Appli­ Department of Commerce, at the Special they are intended to be used. We are cant: Columbia University, College of Import Programs Division, Office of Im­ advised by the Department of Health, Physicians and Surgeons, 630 West port Programs, Department of Com­ Education, and Welfare in the respec­ 168th Street, New York, N.Y. 10032. merce, Washington, D.C. 20230. tively cited memoranda that the acces­ Article: Weissenberg Rheogoniometer, Docket number : 73-00344-00-46500. sories are pertinent to the applicants’ R.18. Manufacturer: Sangamo Controls Applicant: Crybiology Research Insti­ intended uses and that it knows of no Ltd., United Kingdom. Intended use of tute, R.F.D. 5, Madison, Wis. 53704. comparable domestic articles. article: The article is intended to be used Article: LKB 14800-1 Cryo-Kit. Manu­ _ The Department of Commerce knows to study blood rheology under dynamic facturer: LKB Produkter AB, Sweden. of no similar accessories manufactured flow conditions. The experiments to be Intended use of article : The article is in­ in the United States which are inter­ conducted will include shear stress meas­ tended to be used with an existing ultra- changeable with or can be readily adapt­ urements on normal blood and patholog­ microtome to carry out the following ed to the instruments with which the ical blood under a variety of flow con­ studies: foreign articles are intended to be used. (a) The effects of freezing and subse­ ditions. The article will also be used in B. B lankenheimer, the course physiology G9051-2 (research quent thermal treatments on the struc­ ture, gross and fine, of cells, tissues and Acting Director, in physiology) to teach graduate stu­ Office of Import Programs. dents modern techniques in physiological model systems, research and to demonstrate the bio­ (b) The cutting properties of the same [FR Doc.73-9576 PUed 5- 14- 73;8:45 am] physical principles of blood flow. Com­ at different subfreezing temperatures, ments: No comments have been received (c) The relationship of the conditions DUKE UNIVERSITY MEDICAL SCHOOL with respect to this application. required for best sectioning to the sur­ vival of the cell where the latter is pre­ Notice of Decision on Application for Duty- Decision: Application approved. No in­ Free Entry of Scientific Article strument or apparatus of equivalent sci­ served in the first place by the freezing entific value to the foreign article, for treatment, and The following is a decision on an ap­ such purposes as this article is intended (d) The sectioning process itself, in the plication for duty-free entry of a scien­ to be used, is being manufactured in the belief that much remains to be done to tific article pursuant to section 6(c) of United States. Reasons: The foreign arti­ perfect the cutting of ultratin frozen sec­ the Educational, Scientific, and Culture* cle provides a sensitivity of 5 dyne-centi­ tions. Materials Importation Act of 1966 (Pub­ meters. The most closely comparable Application received by commissioner lic Law 89-651, 80 Stat. 897) and domestic instrument, the Rheometrics of Customs January 23,1973. Advice sub­ the regulations issued thereunder as mechanical spectrometer, manufactured mitted by Department of Health, Educa­ amended (37 PR 3892 et seq.). by Rheometrics Inc. provides a sensitiv­ tion, and Welfare on April 19,1973. A copy of the record pertaining to this ity of approximately 200,000 dyne-centi­ Docket number: 73-00349-00-46040. decision is available for public review meters. The Department of Health, Applicant: U.S. Department of Com­ during ordinary business hours of tb® Education, and Welfare (HEW) advised merce, National Bureau of Standards, in its memorandum dated April 19,1973, Washington, D.C. 20234. Article: Side- Department of Commerce, at the Office that the best sensitivity available is per­ Entry-Goniometer and interchangeable of Import Programs, Department oi tinent to the applicant’s intended use in specimen holders for JEM 200 electron Commerce, Washington, D.C.

FEDERAL REGISTER, V O L 38, N O ^ 93— TUESDAY, M A Y 15, 1973 NOTICES 12765

Docket number: 73-00345-33-46040. Thomas Jefferson University Hospital, during ordinary business hours of the Applicant: Duke . University Medical Research & Cein. Rad. Ther. Center, 1025 Department of Commerce, at the Special School, Department of Anatomy, P.O. Walnut Street, Philadelphia, Pa. 19107. Import Programs Division, Office of Im­ Box 3011, Durham, N.C. 27710. Article: Article: 45 MeVbetatron. Manufacturer: port Programs, Department of Com­ Electron microscope model EM 301. Brown-Boveri, Switzerland. Intended use merce, Washington, D.C. 20230. Manufacturer: Philips Electronic In­ of article: The article is intended to be Docket number: 73-00342-33-46040. struments, NVD, The Netherlands. In­ used for research, educational purposes Applicant: Oberlin College, Department tended use of article: The article is and clinical patient care. Research in­ of Biology, Kettering Hall of Science, intended to be used in studies of isolated volves the following projects: Oberlin, Ohio 44074. Article: Electron protein molecules, crystalline bovine (1) Determination of the physical charac­ Microscope, model EM 9S—2. Manufac­ serum albumin, isolated components of teristics of such a high energy electron beam. turer: Carl Zeiss, West Germany. In­ cell membranes and membrane fractions, (2) Investigation of modifications of the tended use of article: The article is in­ subunit structure of several crystalline beam caused by inhomogenity interfaces in tended to be used for the study of cells the body. of teleost embryos in very early stages of protein molecules, and metallic replicas (3) Development of computer programs development and a variety of biological of membrane fragments. Application re­ for use in radiation dosimetry of electron materials. These include: Cells from ceived by Commissioner of Customs Jan­ beam. physiologically active organs of various uary 16,1973. (4) Studies into variations of relative bio­ Comments: No comments have been logical effectiveness in depth in a high energy members of Bromeliaceae, root nodules received with respect to this application. electron beam. of Rhizobium—legume symbionts, devel­ Decision: Application approved. No in­ (5) Randomized clinical trails testing the oping algal cell walls, chromatophores of strument or apparatus of equivalent effectiveness of electrons as compared with lower vertebrates, neurons from brains scientific value to the foreign article, for X-rays in the treatment of cancer patients. of particular mouse mutants. The article such purposes as this article is intended The article Will also be used for teach­ will be used to observe ultrastructural to be used, is being manufactured in the ing the principles of electron beam ther­ morphology of the above cells and tis­ United States. Reasons: The foreign ar­ apy to both undergraduate and graduate sues. The article will also be used for ticle has a specified resolving capability students of Jefferson Medical College, teaching in the following biology courses: of 3 Angstroms. The most closely com­ Philadelphia, Pa. In addition the article Cells and tissues, Introduction to cell biol­ ogy, biology of vascular plants, biology of parable domestic instrument is the will be used in treatment of some cancer nonvascular plants, microbiology, and plant model EMU-4C electron microscope patients. Comments: No comments have physiology. manufactured by the Forgflo Corp. The been received with respect to this appli­ model EMU-4C has a specified resolving cation. Decision: Application approved. Application received by Commissioner capability of 5 Angstroms. (The lower No instrument or apparatus of equiva­ of Customs, January 23, 1973. Advice the numerical rating in terms of Ang­ lent scientific value to the foreign article, submitted by Department of Health, strom units, the better the resolving ca­ for such purposes as this article is in­ Education, and Welfare on April 19, pability.) We are advised by the Depart­ tended to be used, is being manufac­ 1973. ment of Health, Education, and Welfare tured in the United States. Reasons: The Docket number: 73-60343-33-46040. (HEW) in its memorandum dated Department of Health, Education, and Applicant: State University of New York, April 19, 1973, that the additional re­ Welfare (HEW) advised in its memoran­ College at Plattsburgh, Plattsburgh, N.Y. solving capability of the foreign article dum dated April 19, 1973, that the high 12901. Article: Electron Microscope, is pertinent to the purposes for which energy of the beam provided by the model EM 9S-2. Manufacturer: Carl the foreign article is intended to be used. foreign article is pertinent to the appli­ Zeiss, West Germany. Intended use of We, therefore, find that the model EMU- cant’s research directed toward more article: The article is intended to be used 40 is not of equivalent scientific value to " effective cancer control measures. The for undergraduate and graduate instruc­ the foreign article for such purposes as foreign article provides beam energies to tion in the course cell biology (Bio-401). the article is intended to be used. 45 MeV. HEW further advises that it Specimens will be prepared and used in The Department of Commerce knows knows of no domestic medical betatrons the following demonstrations: of no other instrument or apparatus of which provide beam energies exceeding I. Cellular organelles and components; equivalent scientific value to the foreign 25 MeV. II. Localization of activities of various article, for such purposes as this article The Department of Commerce knows enzymes; is intended to be used, which is being of no other instrument or apparatus of III. Uptake and transport of macromole­ manufactured in the United States. equivalent scientific value to the foreign cules; article, for such purposes as this article IV. a) Morphology of chromosomes in sec­ B. B lankenheimer , tions, b) structure of DNA in a monomolecu- Acting Director, is intended to be used, which is being lar film layer by using Kleinschmidt’s method Office of Import Programs. manufactured in the United States. shadow casting, c) chromatin differentiation [FR Doc.73-9578 Filed 5-14-73; 8:45 ami B. B lankenheimer, during spermatogenesis; Acting Director, V. Identification of macromolecules; and Office of Import Programs. VI. Autoradiography at EM level. JEFFERSON MEDICAL COLLEGE FR Doc.73-9579 Filed 5-14-73; 8:45 am] In addition the article will be used in Notice of Decision on Application for Duty- courses: Free Entry of Scientific Article Plant physiology, microbiology, microbial OBERLIN COLLEGE ET AL. pie following is a decision on an appli­ physiology, genetics, biophysics, laboratory cation for duty-free entry of a scientific Notice of Consolidated Decision on Appli­ techniques in biology, botany, and inverte­ article pursuant to section 6(c) of the cations for Duty-Free Entry of Electron brate anatomy and parasitology. Educational, Scientific, and Cultural Microscopes Application received by Commissioner Materials Importation Act of 1966 (Pub­ The following is a consolidated deci­ of Customs, January 23, 1973. Advice lic Law 83-651, 80 Stat. 897) and the reg- sion on applications for duty-free entry submitted by Department of Health, uiations issued thereunder as amended of electron microscopes pursuant to sec­ Education, and Welfare on: April 19, (37 PR 3892 etseq.). tion 6*(c) of the Educational, Scientific, 1973. Comments: No comments have been A copy of the record pertaining to this and Cultural Materials Importation Act received with respect to any of the aecision is available for public review of 1966 (Public Law 89-651, 80 Stat. 897) foregoing applications. Decision: Appli­ aunng ordinary business hours of the and the regulations issued thereunder as cations approved. No instrument or department of Commerce, at the Office amended (37 FR 3892 et seq.). (See espe­ apparatus of equivalent scientific value i Import Programs, Department of cially § 701.11(e).) to the foreign articles, for such purposes Tv^erce’ Washington, D.C. 20230. A copy of the record pertaining to each as these articles are intended to be used, number: 73-00340-33-43780. of the applications in this consolidated is being manufactured in the United Applicant: Jefferson Medical College, decision is available for public review States. Reasons: Each applicant requires

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M AY 15, 1973 12766 ¡NOTICES an electron microscope which is suitable tured in the United States. Reasons: entific value to the foreign article, for for instruction in the basic principles of The foreign article is fashioned from such purposes as this article is intended electron microscopy. Each of the foreign Poly-trifluoromonochloroethylene which to be used, is being manufactured in the articles to which the foregoing applica­ resists corrosive substances such as United States. Reasons: The foreign arti­ tions relate is a relatively simple, medi­ hydrogen fluoride gas. The Department cle is a relatively simple 60 MHz (mega­ um resolution electron microscope de­ of Health, Education, and Welfare hertz) proton nuclear magnetic reson­ signed for confident use by beginning (HEW) advised in its memorandum ance spectrometer (NMR) to be used as students with a minimum of detailed pro­ dated April 19, 1973, that the use of the a tool in teaching the theory and practice gramming. The most closely comparable article in the experimental treatment of of those aspects of NMR spectroscopy domestic instrument is the model EMU- synthetic, biologically active polypeptides which are most relevant to organic and 40 electron microscope which is a rela­ with hydrogen fluoride gas requires the pharmaceutical chemistry. The article tively complex instrument designed pri­ pertinent design and construction of the provides both internal and external lock­ marily for research, which requires a article for adequate control and safety. ing capabilities. Although domestically skilled electron microscopist for its opera­ HEW also advised that it knows of no manufactured NMR’s in Varian Asso­ tion. We are advised by the Department domestic instrument or apparatus of ciates’ (Varian’s) highly sophisticated of Health, Education, and Welfare in its equivalent scientific value to the article multinuclear XL series, the model XL- respectively cited memoranda, that the for such purposes as the article is in­ 100 and modifications thereof, provides relative simplicity of design and ease of tended to be used. The Department of internal and external locking in the same operation of the foreign articles de­ Commerce knows of no other instrument instrument, the Department of Health, scribed above are pertinent to the appli­ or apparatus of equivalent scientific Education, and Welfare (HEW) advised cants’ educational purposes. We, there­ value to the foreign article, for such in its memorandum dated December 12, fore, find that the Forgflo Model EMU- purposes as this article is intended to 1972, that the most closely comparable 40 electron microscope is not of equiva­ be used, which is being manufactured domestic instruments are the models lent scientific value to any of the foreign in the United States. T-60, and A-60-D manufactured by articles described above for such pur­ B. B lankenheimer, Varian. HEW also advised that the XL- poses as these articles are intended to be Acting Director, 100 is too sophisticated to meet the appli­ used. Office of Import Programs. cant’s instructional needs. The models The Department of Commerce knows T-60, HA-60, and A-60-D provide an of no other instrument or apparatus of [FR Doc.73-9581 Filed 5-14r-73;8:45 am] internal lock or an external lock but not equivalent scientific value to any of the both in the same instrument. HEW also foreign articles to which the foregoing TEMPLE UNIVERSITY advised in the memorandum cited above applications relate, for such purposes as Notice of Decision on Application for Duty- that the internal and external lock com­ these articles are intended to be used, Free Entry of Scientific Article bination of the article is pertinent to the which is being manufactured in the purposes for which the article is in­ United States. The following is a decision on an ap­ tended to be used. plication for duty-free entry of a scien­ For the^e reasons, we find that the B . B lankenheimer, tific article pursuant to section 6(c) of models T-60, HA-60, and A-60-D are not Acting Director, the Educational, Scientific, and Cultural of equivalent scientific value to the arti­ Office of Import Programs. Materials Importation Act of 1966 (Pub­ cle for such purposes as this article is [PR Doc.73-9580 Piled 5-14-73;8:45 am] lic Law 89-651, 80 Stat. 897) and the intended to be used. regulations issued thereunder as The Department of Commerce knows amended (37 FR 3892 et seq.). of no other instrument or apparatus of PENNSYLVANIA STATE UNIVERSITY A copy of the record pertaining to this equivalent scientific value to the foreign Notice of Decision on Application for Duty- decision is available for public review article, for such purposes as this article Free Entry of Scientific Article during ordinary business hours of the is intended to be used, which is being The following is a decision on an appli­ Department of Commerce, at the Office manufactured in the United States. of Import Programs, Department of cation for duty-free entry of a scientific B. B lankenheimer, article pursuant to section 6(c) of the Commerce, Washington, D.C. 20230. Acting Director Educational, Scientific, and Cultural Docket No. 73-00045-33-77030. Appli­ Office of Import Programs. Materials Importation Act of 1966 (Pub­ cant: Temple University Health Sciences lic Law 89-651, 80 Stat. 897) and the reg­ Center, Philadelphia, Pa. 19140. Article: [FR Doc.73-9584 Filed 5-14-73;8:45 am] ulations issued thereunder as amended NRM Spectrometer, JNM-MH-60-H. (37 FR 3892 et seq.). - Manufacturer: JEOL, Ltd., Japan. In­ THIEL COLLEGE A copy of the record pertaining to this tended use of article: The article is in­ tended to be used in determining nuclear Notice of Decision on Application for Duty- decision is available for public review Free Entry of Scientific Article during ordinary business hours of the magnetic resonance (proton) spectra of Department of Commerce, at the Office drugs, potential drugs, drug metabolites, The following is a decision on an ap­ of Import Programs, Department of Com­ and other organic chemicals, particularly plication for duty-free entry of a scien­ merce, Washington, D.C. 20230. those of biological interest. The experi­ tific article pursuant to section 6(c) of ments conducted will assist in the dis­ the Educational, Scientific, and Cultural Docket No. 73-00346-01-10100. Appli­ covery of new therapeutically active ma­ Materials Importation Act of 1966 cant: The Pennsylvania State Univer­ terials through determination of the (Public Law 89-651, 80 Stat. 897) and sity, University Park, Pa. 16802. Article: structure of materials arising from syn­ the regulations issued thereunder as HF-Reaction Apparatus Type I. Manu­ thetic studies and increase the under­ amended (37 FR 3892 et seq). facturer: Toho Kasei, Japan. Intended standing of the mode of action of drugs A copy of the record pertaining to this use of article: The article is intended to by elucidation of their structural stereo­ decision is available for public review be used for the safe handling of anhy­ chemical and conformation properties, during ordinary business hours of the drous hydrogen fluoride gas for the treat­ their interactions with macromolecules, Department of Commerce, at the Office ment of synthetic, biologically active and their metabolic pathways. The arti­ of Import Programs, Department oi polypeptides. cle will also be used to teach the theory Commerce, Washington, D.C. 20230. Comments: No comments have been and practice of NMR spectroscopy and a Docket No. 73-00046-01-77030. Appli­ received with respect to this application. course entitled “spectroscopy” NMR and cant: Thiel College, Greenville, Pa. 16125, Decision: Application approved. No in­ mass.” Article: NMR spectrometer, model JNM" strument or apparatus of equivalent Comments: No comments have been MH-60-II. Manufacturer: JEOL scientific value to the foreign article, received with respect to this application. Japan. Intended use of article: Tn for such purposes as this article is in­ Decision: Application approved. No in­ article is intended to be used to obta tended to be used, is being manufac­ strument or apparatus of equivalent sci­ proton nuclear magnetic resonance spe -

FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M AY 15, 1973 NOTICES 12767 tra of products of photochlorination tific article pursuant to section 6(c) of the Commissioner of Food and Drugs reactions of dichlorotoluenes with the Educational, Scientific, and Cultural announced his conclusions pursuant to tertiary-butyl hypochlorite; coordination Materials Importation Act of 1966 (Pub­ evaluation of reports received from the compounds of chromium with various lic Law 89-651, 80 Stat. 897) and the National Academy of Sciences-National organic ligands; deuteration and deg­ regulations issued thereunder as Research Council, Drug Efficacy Study radation products of the antibiotic amended (37 FR 3892 et seq.). Group on the following drugs: citrinin. A copy of the record pertaining to this 1. Furadantin Tablets, containing ni­ Students will be taught how proton decision is available for public review trofurantoin; Eaton Laboratories, Nor­ nuclear magnetic resonance is used during ordinary business hours of the wich Pharmacal Co., 17 Eaton Avenue, along with other analytical techniques Department of Commerce, at the Office STorwich, N.Y. 13815 (NDA 8-693). to elucidate the structure of organic of Import Programs, Department of 2. Furadantin Oral Suspension, con­ compounds and coordination compounds Commerce, Washington, D.C. 20230. taining nitrofurantoin; Eaton Labora­ with organic ligands, as well as the Docket No. 73-00334-33-46595. Appli­ tories (NDA 9-175). mechanisms of their reactions. The arti­ cant: Wills Eye Hospital, 1601 Spring 3. Nitrofurantoin Tablets, containing cle will be used as a teaching tool in all Garden Street, Philadelphia, Pa. 19130. nitrofurantoin; Zambon S.p.A., Via Lillo courses except those at the introductory Article: LKB 11800-2 Pyramitome. del duca 10, 20091 Bresso, Milan, Italy— level with primary use in chemistry Manufacturer: LKB Produkter AB, American Agent, Gyma Laboratories of courses. Sweden. America, Inc., 139-58 Queens Boulevard, Comments: No comments have been Intended use of article: The article is Jamaica, N.Y. 11435 (NDA 12-435). received with respect to this application. intended to be used to trim specimens in 4. Furadantin Sodium, Sterile, for In­ Decision: Application approved. No in­ studies of human corneas and retinas travenous Use, containing nitrofurantoin strument or apparatus of equivalent sci­ from various diseases, and malignant sodium; Eaton Laboratories (NDA 12- entific value to the foreign article, for ocular tumors. Ocular tissues of glau­ 402). such purposes as this article is intended coma patients would be studied from The notice stated that these drugs were to be used, is being manufactured in trabeculectomy specimens. These speci­ regarded as effective, probably effective, the United States. Reasons: The foreign mens will be examined by transmission and lacking substantial evidence of effec­ article is a relatively simple 60 MHz light and electron microscopy. tiveness for their various indications. (megahertz) proton nuclear magnetic Comments: No comments have been No data having been submitted in sup­ resonance spectrometer (NMR) to be received with respect to this application. port of the probably effective indications, used as a tool in teaching chemistry re­ Decision: Application approved. No in­ those indications are now regarded as search methods and general chemistry strument or apparatus of equivalent lacking substantial evidence of effective­ to inexperienced undergraduate stu­ scientific value to the foreign article, for ness. In addition, based upon further re­ dents. The article provides both in­ such purposes as this article is intended view and evaluation of these prepara­ ternal and external locking capabil­ to be used, is being manufactured in the tions, the Commissioner of Food and ity. Although domestically manufactured United States. Drugs finds it appropriate to amend the NMR’s in Varian Associates’ (Varian’s) Reasons: The foreign article provides labeling published April 10, 1969, by re­ highly sophisticated multinuclear XL an optical matching system with the stating the effective indications and by series (e.g., the model XL-100) provide capability to locate a desired site in a revising the contraindications, precau­ internal and external locking, the Na­ prior thick section and then precisely tions, and adverse reactions sections. tional Bureau of Standards (NBS) ad­ aline its image upon the remaining block Accordingly, with respect to these vises in its memorandum dated March 23, face to guide further appropriate trim­ products, the revised effectiveness classi­ 1973, that “the Varian T-60, rather than ming. The Department of Health, Edu­ fication and marketing status are as the XL-100, is the domestic instrument cation, and Welfare (HEW) advised in follows : most nearly comparable to the foreign its memorandum dated April 19, 1973, A. Effectiveness classification.—The article for evaluation of equivalency.” that the capability described above is Food and Drug Administration has con­ The Model T-60 provides internal lock pertinent to the purposes for which the sidered the Academy’s reports, as well as capability but does not provide an ex­ article is intended to be used. HEW also other available evidence, and concludes ternal lock. In addition, NBS advises that advises that it knows of no domestic in­ that the drugs are effective for the indi­ the internal and external lock capability strument or apparatus of equivalent cations described in the labeling condi­ of the article is pertinent to the purposes scientific value to the foreign article tions below and lack substantial evidence for which the article is intended to be for such purposes as this article is in­ of effectiveness for all other indications. used. NBS also advises that it knows tended to be used. B. Conditions for approval and mar­ ~ comparable domestic instrument The Department of Commerce knows keting.—The Food and Drug Adminis­ that combines in a single instrument all of no other instrument or apparatus of tration is prepared to approve abbrevi­ of the pertinent capabilities of the equivalent scientific value to the foreign ated new drug applications and abbrevi­ article. Por these reasons we find the article, for such purposes as this article ated supplements to previously approved model T-60 is not of equivalent scien- is intended to be used, which is being new drug applications under the condi­ lfic value to the foreign article for such manufactured in the United States. tions described herein. Purposes as this article is intended to 1. Form of drug.—Preparations of ni­ be used. B. B lankenheimer, trofurantoin are in tablet or suspension f'^le Department of Commerce knows Acting Director, form suitable for oral use; and prepara­ ‘ bther instrument or apparatus of Office of Import Programs. tions of nitrofurantoin sodium are in nü?1!8, * scientific value to the foreign [FR Doc.73-9583 Filed 5-14-73;8:45 am] sterile crystalline form suitable for re­ is *?r such Purposes as this article constitution and subsequent intravenous m. ^ nd,e(1 to be used, which is being DEPARTMENT OF HEALTH, administration, containing per dosage manufactured in the United States. unit, an amount suitable for adminis­ EDUCATION, AND WELFARE tration in the dosage ranges described B. B lankenheimer, Food and Drug Administration in the labeling conditions below. Acting Director, [DESI 8693] 2. Labeling conditions.—a. The labels Office of Import Programs. bear the statement, “Caution: Federal [PR Doc.73-9582 Piled 5-14-73;8:45 am] [Docket No. FDC-D-618; NDA 8-693, etc.] law prohibits dispensing without pre­ NITROFURANTOIN AND scription”. WILLS EYE HOSPITAL NITROFURANTOIN SODIUM b. The drug is labeled to comply with all requirements of the Federal Food, Notice of Decision on Application for Duty* Drugs for Human Use; Drug Efficacy Study Drug, and Cosmetic Act and the regula­ Free Entry of Scientific Article Implementation; Follow-Up Notice tions promulgated thereunder, and those P l S n i 1? ^ 18 a decision on an ap- In a notice published in the F ederal parts of the labeling indicated below are n for duty-free entry of a scien­ R egister of April 10, 1969 (34 FR 6338), substantially as follows: (Optional ad-

FEDERAL REGISTER. VOL. 38, NO. 93— TUESDAY, M AY 15. 1973 12768 NOTICES ditional information, applicable to the Insidious onset of pulmonary reactions dosage and administration drug, may be proposed under other ap­ (diffuse interstitial pneumonitis, or pulmo­ nary fibrosis, or both) in patients on long­ d o sa g e : Patients weighing over 120 pounds: propriate paragraph headings and should term therapy warrants close monitoring of 180 milligrams of nitrofurantoin in 5Q0 cm3 follow the information set forth below.) these patients. of diluent twice daily. Patients weighing less than 120 pounds: Nitrofurantoin ADVERSE REACTIONS 3 mg/kg of body weight per day in two equai description doses. Safety has not been established in Gastrointestinal reactions: Anorexia, nau­ children under 12 years. (Descriptive information to be included by sea, emesis are the most frequent reactions: administration (include instructions for the manufacturer or distributor should be less frequently, abdominal pain and diar­ dilution) : confined to an appropriate description of the rhea: rarely, hepatitis. This dose-related tox-- icity reaction can be minimized by reduction The drug should be continued for at least physical and chemical properties of the drug 3 days after sterility of the urine is obtained. and the formulation.) of dosage, especially in the female patient. Hypersensitivity reactions: Pulmonary sen­ Continued infection indicates the need for ACTIONS sitivity reactions, which can be acute, sub­ réévaluation. Nitrofurantoin is an antibacterial agent acute, or chronic. 3. Marketing status.—Marketing of for specific urinary tract infections. It is Acute reaction is commonly manifested by such drugs may be continued under the bacteriostatic in low concentrations (1: fever, chills, cough, chest pain, dyspnea, pul­ conditions described in the notice en­ 100,000 to 1 :200,000) and in vitro is con­ monary infiltration* with consolidation or sidered to be bactericidal in higher concen­ pleural effusion on X-ray, and eosinophilia. titled “Conditions for Marketing New trations. Its presumed mode of action is based The acute reactions usually occur within Drugs Evaluated in Drug Efficacy Study,” upon its interference with several bacterial the first week of treatment and resolve with published in the F ederal Register. enzyme systems. Nitrofurantoin is rapidly cessation of the drug therapy. July 14, 1970 (35 FR 11273), as follows: excreted in the urine. It is highly soluble in Subacute or chronic pulmonary reaction a. For holders of “deemed approved” urine to which it may impart a brown color. is associated with prolonged therapy. Insidi­ ous onset of malaise, dyspnea on exertion, new drug applications (i.e., an applica­ INDICATIONS cough, altered pulmonary function, and tion which became effective on the basis Nitrofurantoin is indicated for the treat­ roentgenographic and histologic findings of of safety prior to October 10, 1962), the ment of pyelonephritis, pyelitis, and cystitis diffuse interstitial pneumonitis or fibrosis submission of a supplement for revised when due to susceptible E. coli, enterococci, or both are common manifestations. Im­ labeling, an abbreviated supplement for S. aureus (not indicated for the treatment paired pulmonary function may result even updating information, and, except for of associated renal cortical or perinephric after cessation of the drug therapy. the parenteral form, adequate data to abscesses), and certain strains of Klebsiella, Dermatologic reactions: Maculopapular, show the biologic availability of the drug Aerobacter Proteus, and Pseudomonas. erythematous, or ecg&matous eruption, pru­ ritus, urticaria, and angioedema. in the formulation which is marketed as CONTRAINDICATIONS Other sensitivity reactions: Anaphylaxis, described in paragraphs (a) (l)(i), (ii), Anuria, oliguria, or significant impairment asthmatic attack in patients with history of and (iii) of the notice of July 14, 1970. of renal function are contraindications to asthma, cholestatic jaundice, drug fever, and Clinical trials which have established therapy with this drug. Treatment of this arthralgia. effectiveness of the drug may also serve type of patient carries an increased risk of Hematologic reactions: Hemolytic anemia, to establish the bioavailability of the toxicity because of impaired excretion of the granulocytopenia, eosinophilia, and mega­ drug if such trials were conducted on the drug. For the same reason, this drug is much loblastic anemia. currently marketed formulation. less effective under these circumstances. Neurological reactions: Peripheral neurop­ The drug is contraindicated in pregnant athy, headache, dizziness, nystagmus, and b. For any person who does not hold patients at term as well as infants under 3 drowsiness. an approved or effective new drug appli­ months of age because of the possibility of Miscellaneous reactions: Transient alo­ cation, the submission of an abbreviated hemolytic anemia due to immature enzyme pecia; superinfections in the genitourinary new drug application, to include in the systems (glutathione instability). tract by resistant organisms; tooth staining case of oral dosage forms, adequate data The drug is contraindicated in those pa­ from direct contact with oral suspension. to assure the biologic availability of the tients with known hypersensitivity to nitro­ DOSAGE AND ADMINISTRATION drug in the formulation which is or is in­ furantoin. WARNINGS dosage—tablets and oral suspension: tended to be marketed, as described in Adult: 50-100 mg four times a day. paragraph (a) (3) (i) or (ii) of that Cases of hemolytic anemia of the prima­ Children: Should be calculated on the notice. quine sensitivity type have been induced by basis of 5-7 mg/kg of body weight per 24 nitrofurantoin. The hemolysis appears to be hours to be given in divided doses four times c. For any distributor of the drug, the linked to a glucose-6-phosphate dehydro­ a day (contraindicated under 3 months). use of labeling in accord with this an­ genase deficiency in the red blood cells of administration: Nitrofurantoin may be nouncement for any such drug shipped the affected patients. This deficiency is found given with food or milk to minimize gastric within the jurisdiction of the act as de­ in 10 percent of Negroes and a small per­ upset. scribed in paragraph (b) of that notice. centage of ethnic groups of Mediterranean The drug should be continued for at least C. Notice of opportunity for a hear­ and Near-Eastern origin. Any sign of hemol­ 3 days after sterility of the urine is obtained. ysis is an indication to discontinue the drug. Continued infection indicates the need for in g —Notice is given to the holder(s) of Pseudomonas is the organism most com­ réévaluation. the new drug application (s) and to any monly implicated in superinfections in pa­ If the drug is to be used for long-term other interested person that, the Com­ tients treated with nitrofurantoin. suppressive therapy, reduction of dosage missioner proposes to issue an on® usage in pregnancy: The safety of nitro­ should be considered. under section 505 (e) of the Federal Food, furantoin during pregnancy and lactation nitrofurantoin sodium Drug, and Cosmetic Act (21 has not been established. It should not be approval of the used in women of childbearing potential un­ 355(e)) withdrawing The labeling for nitrofurantoin sodium is listed new drug 'application(s) and ah less the expected benefits outweigh the pos­ the same as described above for nitrofuran­ sible hazards. toin with the following exceptions: amendments and supplements thereto PRECAUTIONS providing for indications lacking suo- 1. Add the following to the Indications effectiveness Peripheral neuropathy may occur with stantial evidence of re­ nitrofurantoin therapyr this may become section: ferred to in paragraph A. of this none severe or irreversible. Fatalities have been Nitrofurantoin sodium should be used on the grounds that new information reported. Predisposing conditions such as parenterally only in patients with clinically before him with respect to the drug(s;, renal impairment, anemia, diabetes, electro­ significant urinary tract infections when oral evaluated together with the evidence lyte imbalance, vitamin B deficiency, and therapy cannot be given and when nitro­ available to him at the time of approv debilitating disease may enhance such furantoin can be shown to be. the drug of of the application (s>, shows there is occurrence. choice. lack of substantial evidence that tn Acute, subacute or chronic pulmonary re­ drug(s) will have all the effects pur­ action has been observed in patients treated 2. Omit reference to tooth staining in with nitrofurantoin. If these reactions occur, the Adverse Reactions section. ported or represented to have under m the drug should be withdrawn and appro­ 3. The Dosage and Administration sec­ conditions of use prescribed, recom­ priate measures should be taken. tion is as follows: mended, or suggested in the labeling. **

FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M AY 15, 1973 NOTICES 12769

order withdrawing approval will not tial issue of fact precludes the with­ gated to the Commissioner of Food and ¡issue with respect to any application(s) drawal of approval of the application (s), Drugs (21 CFR 2.120). ! supplemented, in accord with this notice, the Commissioner will enter an order Dated May 7,1973. to delete the claim (s) lacking substan- making findings and conclusions on such ; tial evidence of effectiveness. data and withdrawing approval of appli­ S am D. F ine, Any manufacturer or distributor of cation (s) not supplemented to delete the Associate Commissioner ¡such an identical, related, or similar claim (s) involved. for Compliance. product is an interested person who may If, upon the request of the new drug [PR Doc.73-9543 Piled 5-14-73;8:45 am] in response to this notice submit data applicant(s) or any other interested per­ and information, request that the new son, a hearing is justified, the issues will drug application (s) not be withdrawn, be defined, a hearing examiner will be PRESCRIPTION DRUGS INDICATED FOR request a hearing, and participate as a named, and he shall issue, as soon as COUGH AND ALLERGY party in any hearing. practicable after June 14, 1973, a written Hearing on Interim Guidelines for In accordance with the provisions of notice of the time and place at which the Formulation and Labeling section 505 of the act (21 U.S.C. 355) hearing will commence. All persons in­ The Food and Drug Administration and the regulations promulgated there­ terested in identical, related, or simi­ has been proceeding expeditiously with under (21 CFR pt. 130), the Commis­ lar products covered by th^ new drug compliance with the court order entered sioner hereby gives the applicant(s) and application (s) will be afforded an oppor­ in the case of American Public Health any other interested person an oppor­ tunity to appear at the hearing, file Association v. Veneman, 349 F. Supp. tunity for a hearing to show why ap­ briefs, present evidence, cross-examine proval of the new drug application (s) 1311 (D.D.C. 1972), published in the witnesses, submit suggested findings of F ederal R egister of December 14, 1972 providing for the claim(s) involved fact, and otherwise participate as a (37 FR 26623). Pursuant to this order should not be withdrawn. party. The hearing contemplated by this On or before June 14, 1973, the ap­ the Commissioner of Food and Drugs notice will be open to the public except published in the F ederal R egister of plicant (s) and any other interested per­ that any portion of the hearing that February 9, 1973 (38 FR 4005 et seq.) son may file with the Hearing Clerk, concerns a method or process the Com­ five notices of opportunity for hearing Department of Health, Education, and missioner finds entitled to protection as with respect to proposed withdrawal of Welfare, room 6-88, 5600 Fishers Lane, a trade secret will not be open to the approval of certain prescription drugs Rockville, Md. 20852, a written ap­ public, unless the respondent specifies indicated for coughs and allergies. Other pearance electing whether or not to avail otherwise in his appearance. prescription drugs for these general in­ himself of the opportunity for a hearing. All identical, related, or similar prod­ dications have been or will be the sub­ Failure of an applicant or any other ucts j not the subject of an approved new ject of similar notices, and numerous interested person to file a written ap­ drug application, are covered by the “me-too” products are directly affected pearance of election on or before June new drug application(s) reviewed and 14, 1973, will constitute an election by by these notices as published in the F ed­ are subject to this notice. See 21 CFR eral R egister of, October 31, 1972 (37 FR him not to avail himself of the oppor­ 130.40 (37 FR 23185, Oct. 31, 1972). Any tunity for a hearing. 23185). It is therefore necessary that the person who wishes to determine whether Food and Drug Administration establish If no person elects to avail himself a specific product is covered by this rules for the proper formulation and la­ of the opportunity for a hearing, the notice should write to the Food and beling of prescription drugs indicated for Commissioner without further notice will Drug Administration, Bureau of Drugs, cough and allergy. enter a final order withdrawing approval Office of Compliance (BD-300), 5600 of the application(s) which have not Pursuant to the general procedures for Fishers Lane, Rockville, Md. 20852. review of the safety, effectiveness, and been supplemented to delete the indica­ Communications forwarded in re­ tion^) lacking substantial evidence of labeling of all OTC (over-the-counter) sponse to this announcement should be drugs published in the F ederal R egister effectiveness. identified with the reference number If an applicant or any other interested of May 11, 1972 (37 FR 9464), the Com­ DESI 8693, directed to the attention of missioner has appointed a review panel person elects to avail himself of the the appropriate office listed below, and opportunity for a hearing, he must file, and issued a call for all relevant data for addressed to the Food and Drug Admin­ cold, cough, allergy, bronchodilator, and on or before June 14, 1973, a written istration, 5600 Fishers Lane, Rockville, appearance requesting the hearing, giv­ antiasthmatic products, published in the ing the reasons why approval of the Md. 20852. F ederal R egister of August 9, 1972 (37 new drug application (s) should not be Supplements (identify with NDA number) : FR 16029). This review panel has now withdrawn, together with a well-orga­ Office of Scientific Evaluation (BD-100), met five times, and is considering in de­ nized and full-factual analysis of the Bureau of Drugs. tail the proper formulation and labeling Original abbreviated new drug applications of OTC drugs for these uses as well as clinical and other investigational data (identify as su ch ): Drug Efficacy Study ne is prepared to prove in support of his Implementation Project' Office (BD-60), the dividing line between OTC and pre­ opposition. A request for a hearing may Bureau of Drugs. scription products for these uses. It is not rest upon mere allegations or denials, Requests for the Academy’s reports: Drug apparent that the final monograph that out must set forth specific facts showing Efficacy Study Information Control (BD- emerges from this' review process will mat a genuine and substantial issue of 66), Bureau of Drugs. have a substantial bearing on the formu­ i^i,Tu?uires a fa rin g (21 CFR Request for hearing (identify with docket lation and labeling of prescription as well io0.14(b)). number): Hearing Clerk (CC-20), room 6- as OTC drugs used for these purposes, *frrevifw °f the data submitted by an 88, Parklawn Building. and in many respects will determine the PPiicant or any other interested person All other communications regarding this an­ related issues. The review panel is not warrants the conclusion that there exists nouncement: Drug Efficacy Study Imple­ yet in a position to issue a report, and mentation Project Office (BD-60), Bureau the Commissioner concludes that it « « W evidence demonstrating the of Drugs. S L ven?ss of the product (s) for the would be improper to request the panel «5inr.iing ^ aun<-s^ involved, the Commis- Received requests for a hearing may to issue an interim report, or for the be seen in the office of the hearing clerk Food and Drug Administration to rely this notlce oi oppor" (address given above) during regular upon the work of the panel, until a final of the data in the applica- business hours, Monday through Friday. report has been issued, all administra­ S K K data submitted by the ap- This notice is issued pursuant to the tive procedures exhausted, and a final provisions of the Federal Food, Drug, son in iS) or any* other interested per- monograph is published in the F ederal with tha request for a hearing, together and Cosmetic Act (sec. 502, 505, 52 Stat. 1050-53, as amended; 21 U.S.C. 352, 355) R egister. conclnQinn fv5°,r a hearing, warrants the and the Administrative Procedure Act The Bureau of Drugs of the Food and sion that no genuine and substan­ (5 U.S.C. 554), and under authority dele­ Drug Administration has therefore pre-

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 12770 NOTICES pared interim, guidelines for use in the 2. The historical data base (including 2. Hydrocodone bitartrate—USP; dihydro­ formulation and labeling of prescription application on hand, literature, texts, codéine (dihydrooodeinone bitartrate). etc.). Dosage: 5-10 mg/3-4 times per day. drugs for cough and allergy purposes, Infants: 0.6 mg/kg/24 h; 20 mg/m2/ pending the availability of the final OTC 3. The prescription drug combination 24 h in 4 doses. drug monograph. Once that monograph policy (SPI 3.86). 3. Pholcodlne—BP. is published, the interim guidelines will 4. Recommendations of the OTC pan­ Dosage: 10-15 mg/3-4 times per day. be reviewed, any appropriate changes will els and advisory committees. Children: Up to 4 mg/dose. 4. Dextromethorphan hydrobromide—NF be made, and they will be proposed as SPECIAL CONSIDERATIONS regulations in the F ederal R egister. BP. The Commissioner has concluded that A factor which must be considered in Dosage: 15-30 m g/1-4 times per day. providing guidelines at the present time Children: 1 mg/kg/24 h; 30 mg/m2/24 the public should have an opportunity to h in 3-4 doses. review and comment upon the interim is that the OTC panel on cough and 5. Noscapine—USP, BP. guidelines for these products before they cold preparations has not completed its Dosage: 10-30 mg/3-4 times per day. are implemented even on a temporary deliberations, and its report is not antici­ 6. Levopropoxyphene napsylate—NP. basis. J. Richard Crout, M.D., Director pated for several months. The general Dosage: 500-100 mg/q 4 h. of the Office of Scientific Evaluation, Bu­ principle to be followed by the FDA Children 6 mg/kg/24 h; 250 mg/m2/24 reau' of Drugs, will conduct a public is that ingredients judged as effective for _ h in 3-6 doses. hearing for this purpose on Monday, prescription use shall be consistent with B. A cough preparation containing one June 4, 1973, beginning at 9 a.m. in those judged as effective for OTC use. of the above active ingredients may also room 4A-27, 5600 Fishers Lane, Rock­ It is therefore possible that the effective­ contain expectorants providing the cur­ ville, Md. 20852. ness classification of certain ingredients rently marketed preparation contains Any interested person who wishes to in these guidelines will be changed in expectorants and these expectorants ap­ present oral comments or suggestions at the future as a result of the OTC review. pear on the following list: that hearing must so inform Mr. Arthur This statement applies in particular to expectorants, all of which are considered 1. Ammonium salts. E. Auer, telephone 301-443-4740, room 2. Guaiacols. 16B-06, 5600 Ushers Lane, Rockville, as of uncertain effectiveness at the pres­ 3. Iodides. Md. 20852 of that intention by close of ent time. A final judgment on the ef­ 4. Ipecac (syrup) . business on Monday, May 21, 1973. Mr. fectiveness of these ingredients will not 5. Volatile oils. Auer will then promptly inform each per­ be made until the OTC panel has sub­ (a) Balsam tolu calcium. son requesting an opportunity to be mitted its report. (b) Camphor. heard the amount of time to be allocated Although a diligent search has been (c) Citric acid. for his presentation. Individuals and or­ (d) Menthol. made to identify all single ingredients .(e) Terpin hydrate. ganizations with common interests are in currently marketed cough and allergy (f ) White pine extract. urged to consolidate or coordinate their preparations, it is possible that some (g) Wild cherry bark extract. presentations in view of the limitations of have been overlooked. Such ingredients time. Any interested person may also pre­ will be considered on request to the Di­ C. Prescription cough preparations sent written data or comments, which vision of Cardiopulmonary-Renal Drug may not contain any of the following ex­ shall be considered. Three of such writ­ Products. pectorant ingredients, which are con­ ten presentations should be addressed to APPROACH sidered as lacking in either safety or ef­ fectiveness or both: Mr. Auer at the above address. The pres­ These guidelines were developed in the ent draft of the interim guidelines is as 1. Aconite. follows: following manner: 2. Calcium lacto phosphate. 1. The single ingredients in marketed 3. Creosote. G uidelines for P rescription Cough and cough and allergy preparations were 4. Hydrocyanide. Allergy P reparations identified and classified on a generic 5. Hydcyanic acid. objectives basis as active ingredients or excipients. 6. Ipecac, fluid extract. 2. Active ingredients were further 7. Lungwort fluid extract. To provide guidelines for the reformu­ classified on the basis of pharmacological 13. Phosphoric acid. lation and relabeling of prescription action as antitussive, expectorant, decon­ 14. Potassium citrate. cough and allergy preparations, such that 15. Senega. gestant, or antihistamine. 16. Sodium citrate. those preparations may be considered 3. Their individual effectiveness for 17. Squill syrup. effective for the claimed indications. the stated indications was then deter­ 18. Tartar emetic (antimony-potassium To identify those areas of uncertainty, tartrate). particularly in regard to expectorant mined, using standard textbooks, the claims and to antihistamines, where pol­ NAS/NRC reports, and material in any D. Firms electing to ref ormulate and/ icies are subject to change as a result NDA’s on file with the FDA. or relabel their products must remove of the recommendations of the OTC 4. Appropriate combinations for the any ingredients listed in C above. Ingre­ panel on cough and cold preparations. stated indications were then identified, dients listed in B above may be left in in accordance with the FDA combina­ reformulated preparations pending the REGULATORY PHILOSOPHY tion policy (21 CFR 3.86) . OTC panel review. After receipt of the The Food and Drug Administration I. Preparations for the symptomaticOTC panel report, further reformulation belives that effective, accurately labeled relief of cough.—A. A cough preparation may be required to remove any expecto- preparations for the symptomatic relief will be considered approvatole if it con­ of common ailments are essential for tains one of the following antitussive the health and welfare of the public. ingredients (as the only active ingredi­ ants will not be permitted in cough prep­ It is also essential that all prescription arations. . . ent) in doses considered effective, and n . Preparations for vasomotor rhini­ drug products meet the same standards. if the preparation is labeled for “sympto­ If a drug product formerly considered to tis and allergic rhinitis.—A. A prepara­ be less than effective is to be upgraded matic relief of cough.” : tion containing any one of the following to effective on the basis of relabeling 1. Codeine phosphate—USP. antihistamines at doses considered ex- and/or reformulation, the final product Codeine sulfate—NP. fective will be considered effective for. and its labeling must be consistent with: Dosage: 10-20 mg/3-4 times per day» (1) Seasonal and perennial allergic 1. Published DESI F ederal R egister Infants: 1-1% mg/kg 24 h; 35-50 mg/ rhinitis and Announcements. mV24 h in 8 doses. (2) Vasomotor rhinitis:

FEDERAL REGISTER, V O L 38, N O . 93— TUESDAY, M A Y 15, 1973 NOTICES 12771

Oral daily dosage U.S.C. 353, 355, 371(a)) and under au­ Ingredient thority delegated to the Commissioner of Adults Children Food and Drugs (21 CFR 2.120). Dated May 10, 1973. 1. Tripelennamine hydrochloride. 37.6 to 75 mg every 4 to 6 h — __ ___16 to 60 mg every 4 to 6 h. Tripelennamine citrate______25 to 60 mg every 4 to 6 h __ _.______v S herwin Gardner, 2. Diphenhydramine hydrochloride., 60 mg every 4 to 6 h______£:__ Over 201b 12.5 to 25 mg every 4 to 6 h; $. Bromidphenhydramine hydro­ 25 to 50 mg every 4 to 6 h . «_____ 5 to 20 mg every 4 to 6 h. Acting Commissioner chloride. of Food and Drugs. 4. Chlorpheniramine maleate. 2 to 4 mg every 4 to 6 h __r ...... '.. 2 mg every 4 to 6 h. 6. Cyproheptadine hydrochloride... 4 mg every 4 to 6 h______2 to 6 years: 2 mg every 4 to 6 h. [PR Doc.73-9590 Piled 5-14-73;8:45 am] 7 to 14 years: 4 mg every 4 to 6 h. 6. Pheniramine maleate__ .... ___ _ 12.5 to 25 mg every 4 to 6 h__..__._____ 5 to 15 mg every 4 to 6 h. 7. Promethazine...... 12.5 mg every 4 to 6 h ______6.26 to 12.5 mg every 4 to 6 h. 8. Diphenylpyraline HCI______2 mg every 4 to 6 h______;__ 6 years and over: 2 mg every 4 to 6 h: Health Services and Mental Health Under 6 years: Jg to 1 mg every 4 to 6 Administration h. 9. Pyrilamine maleate, N.F...... 26 to 50 mg every 4 to 6 h ______Over 6 years: 12.6 to 25 mg every COMPREHENSIVE HEALTH PLANNING 4 to 6 h. 3 to 6 years: 10 to 20 mg every 4 to 6 h: TRAINING AND STUDIES REVIEW 10. Dexbrompheniramine..____ 4 mg every 4 to 6 h______Less than 6 years, not to be used. COMMITTEE 6 to 12 years: 4 mg every 4 to 6 h. U, Methapyrilene hydrochloride- 25 to 50 mg every 4 to 6 h __6 mg every 4 to 6 h. Notice of Meeting 12. Dimethindene maleate_____ 1 to 2 mg every 4 to 6 h ______... Under 6 years: 0.25 to 0.5 mg every 4 to 6 h. The Administrator, Health Services 13. Carbinoxamine maleate..__ 4 to 8 mg every 4 to 6 h __ 2 to 4 mg every 4 to 6 h. 14. Phenindamine tartratee____ 10 mg every 4 to 6 h______;____ _ 6 years or over. and Mental Health Administration, an­ 15. Thonrylamine hydrochloride. 25 to 50 mg every 4 to 6 h __6 to 12 yrs: 12.5 to 25 mg every 4 to 6 nounces the meeting date and other re­ h. quired information for the following Na­ 16. Triprolidine H CI..'...„ir.... 2.5 mg every 4 to 6 h ______Over 2 years: 14 tablet or 1 tsp every 4 to 6 h. tional Advisory body scheduled to as­ 17. Brompheniramine maleate.... 4 to 8 mg every 4 to 6 h ______...... Over 6 years: semble the month of May 1973. Under 6 years: 0.2 mgAb/24 h. Committee Type of meeting and/ 18. Doxylamine succinate. 12.5 to 25 mg every 4 to 6 h__ ... ____6.25 mg every 4 to 6 h. name Date, time, place or contact person 19. Dimethindine maleate...... _..... 1 to 2 mg every 4 to 6 h ______Over 6 years: 1 to 2 mg every 4 to 6 h. Under 6 years: 0.25 to 0.5 mg every 4 to 6 h. Comprehen­ May 16, 9 a.m., Closed. Contact 20. Dexbrompheniramine. 4 to 8 mg every 4 to 6 h ...... 6 years and over: sive Health Parklawn Anna J. Rolfe, 2 to 4 mg every 4 to 6 h. Planning Bldg., Con­ room 7-31, Park- 21. Brompheniramine m aleate...... 4 to 8 mg every 4 to 6 h ...... Training and ference room lawn Bldg., 6600 2 to 4 mg every 4 to 6 h; Studies Re­ L ,5600 Fishers Lane, 22. Dextrochlorpheniramine maleate. 4 to 8 mg every 4 to 6 h __...... __ __ 6 years or over: view Com­ Fishers Lane, Rockville, Md. 2 to 4 mg every 4 to 6 h. mittee. Rockville, Md. Code 301-443-2390. 23. Pyrrobutamine phosphate...__ 15 mg every 4 to 6 h______..... ___ 6 years or over: to tbsp every 4 to 6 h. . 24. Isothipendyl hydrochloride..__ 4 .to 8 mg every 4to6h...... ____6 years or over: Purpose.— -The Committee is charged with 2 to 4 mg every 4 to 6 h. . the review of grant applications with re­ spect to the

No, 93—Pt I--- 7 FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M A Y 15, 1973 12772 NOTICES local time, at the Statler Hilton Hotel, review of draft regulations and draft ap­ of Interstate Land Sales Registration, 16th Street between K and L NW., Wash­ plication forms, approval of the council attempted to serve upon Thomas E. ington, D.C., and Friday, May 18, 1973, budget, review of program priorities, and White, president, T. & F. Enterprises, 9:30 a.m. to 1 p.m., local time, at the planning for future meetings. Inc., 810 East Sahara Avenue, Las Vegas, Sheraton Carlton Hotel, 16th and L Because of limited space for the meet­ Nev. 89105, a notice of proceedings and Streets NW., Washington, D.C. ing, all persons wishing to attend should opportunity for hearing by certified mail The National Advisory Council on Ed­ request reservations from the National and service of process was not pos­ ucation Professions Development is es­ Advisory Council on Indian Education, sible since the addressee could not be tablished under section 502 of the Edu­ room 4032, U.S. Office of Education, 400 located. Accordingly, pursuant to 15 cation Professions Development Act Maryland Avenue SW., Washington, D.C. U.S.C. 1706(d) and 24 CFR 1710.45(b) (Public Law 90-35). The Council is 20202. (1), the notice of proceedings and op­ charged with the review of the Educa­ Records shall be kept of all council portunity for hearing is being issued as tion Professions Development Act and proceedings and shall be available for follows: of all other Federal programs for the public inspection at the Office of the Na­ I. The Department’s public file dis­ training and development of educational tional Advisory Council on Indian Edu­ closes that: personnel. cation temporarily located at the Wash­ A. T. & F. Enterprises, Inc., has filed a The meeting of the Council shall be ington address above. statement of record for Lake Mohave open to the public. The proposed agenda Ranches located in Arizona (OILSR No. Signed at Washington, D.C., on May 8, 0-0183-02-34), effective December 20, includes discussion of Federal policies on 1973. evaluation; personnel training for bi­ 1969, pursuant to 24 CFR 1710.21 of the F . B. M cG ettrick, Interstate Land Sales Regulations. Said lingual education; appropriations for Acting Deputy Commissioner statement is still in effect. education professions development; and of Indian Education. B. Thomas E. White is president of topics which will be given priority by the [FR Doc.73-9559 Filed 5-14-73;8:45 am] the developer. Council in 1973-74. Records shall be C. The address of the developer is 810 kept of all Council proceedings and shall East Sahara Avenue, Las Vegas, Nev. be available for public inspection at the Office of the Secretary Council office, located at 1111 20th Street 89105. NW„ room 308, Washington, D.C. 20036. SECRETARY’S ADVISORY COMMITTEE ON n. After proper notice of proposed THE RIGHTS AND RESPONSIBILITIES rulemaking published in the F ederal Signed at Washington, D.C., on May 10, OF WOMEN R egister on February 24, 1971 (36 FR 1973. Notice of Meeting 3419), and on November 3, 1971 (36 FR J oseph Y oung, 21043), as required by 5 U.S.C. 553 and Executive Director. The Secretary’s Advisory Committee after consideration of all relevant com­ [FR Doc.73-9619 Filed 5-14-73; 8:45 am] on the Rights and Responsibilities of ments received, the Department of Hous­ Women, which was established to review ing and Urban Development published the policies, programs, and activities a final revision of 24 CFR part 1710 in NATIONAL ADVISORY COUNCIL ON of the Department of Health, Educa­ the F ederal R egister on January 27, INDIAN EDUCATION tion, and Welfare relative to women and 1972 (37 FR 1302) , amended on Febru­ Notice of Public Meeting to make recommendations to the Secre­ ary 5, 1972 (37 FR 2768), and April 1, tary bn how to better the services of 1972 (37 FR 6674). These revised regula­ Notice is hereby given, pursuant to HEW’s programs to meet these special tions were adopted pursuant to the Sec­ section 10(a) (2) of the Federal Advisory needs of women, will meet Thursday and retary’s authority set forth in section Committee Act (Public Law 92-463), that Friday, June 21-22, 1973. Thursday, 1419 of the Interstate Land Sales Full the first meeting of the National Advi­ June 21, the Committee will meet from Disclosure Act (15 U.S.C. 1718) and re­ sory Council on Indian Education will be 9 a.m. to 5 p.m. in room 4173, HEW- quire additional material facts to be dis­ held on May 19, 1973 at 1-6 pjn. and North Building, 330 Independence Ave­ closed in both the statement of record May 20, 21, and 22 at 8 a.m.-6 p.m., local nue SW., Washington, D.C. Friday, and the property report which had not time at the Quality Inn, 300 Army Navy June 22, the Committee will meet from been required prior to January 27, 1972. Drive, Arlington, Va. 9 a.m. to 4 p.m. in the Snow Room, 5th Section 1710.130 of the revised regula­ This council was established on June Floor, HEW-North Building. The Com­ tions states that effective statements of 23, 1972, by the Indian Education Act, mittee will discuss health, education, so­ record shall be amended to comply with title IV, section 442(a) of Public Law 92- cial services, welfare, and HEW employ­ these regulations not later than March 318, the Education Amendments of 1972. ment policies as they relate to women. 31 1972 The council is to advise the Commissioner In particular, the Committee will pre­ HI. As a result of an examination of of Education with respect to the admin­ sent its annual report to the Secretary the Department’s public file and the istration of any program in which Indian and discuss issues to be considered dur­ above-specified statement of record, the children or adults participate from Administrative Proceedings Division of which they can benefit; to review appli­ ing the next year. This meeting is open the Office of Interstate Land Sales Reg­ cations for assistance and make recom­ to the public. istration alleges that: mendations to the commissioner with Dated May 7, 1973. A. As of August 10, 1972, the amend­ respect to their approval; evaluate pro­ ments to the statement of record as grams and projects carried out under any K aren K eesling, required by the revised regulations had program of the Department of Health, Executive Secretary, Secretary’s not been received. Education, and Welfare in which Indian Advisory Committee on the B. The statement of record omits to children or adults can participate or Rights and Responsibilities of state the material facts in the prescribed from which they can benefit, and dis­ Women. format as required by the following sec­ seminate the results of such evalua­ [FR Doc.73-9571 Filed 5-14-73;8:45 amj tions of the revised regulations, to wit. tions; provide technical assistance to 1. Section 1710.105: Instructions for local education agencies and to Indian DEPARTMENT OF HOUSING AND completion of statement of recora, education agencies, institutions, and or­ URBAN DEVELOPMENT paragraph c; part IV. B. 2. C 3.; part ganizations; assist the commissioner in IV. D; part VHI. A. 8. d.; part IX. A. 4., developing criteria and regulations for Office of Interstate Land Sales Registration part XI. C. the administration and evaluation of 2. Section 1710.110: Paragraph 2. aj grants; and to submit to the Congress an [Docket No. N-7^-152; Administrative Pro­ paragraph 2. b.; paragraph 8. (c); P8* " annual report of its activities. ceeding filed No. 2-35] graph 8. (d); paragraph 15. (b); Pa*“‘ The meeting of the council shall be LAKE MOHAVE RANCHES graph 15. (c); additional requirem en open to the public. The proposed agenda Notice of Proceedings and Opportunity for for property report. includes the swearing in of the council, Hearing IV. In view of the allegations made y general orientation of the members, or­ On August 10,1972, the Department of the Administrative Proceedings Divisi ’ ganizational and administrative matters, Housing and Urban Development, Office the Secretary deems it necessary t

FEDERAL REGISTER. VOL. 38, NO . 93— -TUESDAY, M A Y 15, 1973 NOTICES 12773 proceedings be instituted to determine: rules is impracticable and contrary to at Albuquerque, N. Mex., will be closed. A. Whether the allegations set forth the public interest and that they may be Flight inspection services formerly pro­ in section i n hereof are true and in con­ made effective in less than 30 days from vided by this office will be provided by the nection therewith to afford respondents publication. Flight Inspection District Office in Fort an opportunity to establish any defenses Worth, Tex. This information will be re­ S pecial Local R egulations flected in the FAA organization state­ to such allegations. (a) Location.—The area subject to B. What, if any remedial action is ap­ ment the next time it is reissued. these regulations is those waters enclosed (Sec. 313(a), Federal Aviation Act of 1958, as propriate in the public interest and for by a line drawn from the southern tip of the protection of purchasers pursuant to amended, 49 U.S.C. 1354; sec. 6(c), Depart­ Haines Point northwards along the east­ ment of Transportation Act, 49 U.S.C. section 1407(d) of the Interstate Land ern seawall to a point 1,000 feet from the 1655(c).) Sales Pull Disclosure Act (15 U.S.C. southern tip of Haines Point; thence 1706) and 24 CFR 1710.45(b) (1) of the easterly to a point 400 feet from the sea­ Issued in Fort Worth, Tex., on May 2, implementing regulations. wall; thence in a southerly direction to a 1973. V. If the respondent desires a hearing point 1,400 feet distant, thence along a H enry L. N ewman, on the allegations set forth in section m , line of. bearing 240° T. to the Virginia Director, Southwest Region. It is hereby ordered, That he must file shore, upstream thence along the Vir­ [FR Doc.73-9548 Filed 5-14-73;8:45 am] a request for hearing accompanied by an ginia shoreline to the Penn Central Rail­ answer within 15 days after service upon road bridge between Washington, D.C., him of this notice of proceedings. The National Highway Traffic Safety and Arlington, Va.; thence 034° T. to the Administration answer must be filed with the OILSR Potomac Park-Potomac River shoreline; Docket Clerk, room 9253, HUD Building, thence along the Potomac Park-Potomac NATIONAL HIGHWAY SAFETY ADVISORY Washington, D.C. 20410, as provided by River shoreline to the southern tip of COMMITTEE 24 CFR 1720.140 et seq. Haines Point. Notice of Public Meeting VI. It is hereby ordered, That if re­ (b) Regulations.—(1) Except for par­ quested by the respondent, a public hear­ ticipants in the President’s Cup Regatta On May 24 and 25, 1973, the National ing shall be held for the purpose of tak­ or persons or vessels authorized by the Highway Safety Advisory Committee ing evidence on the questions set forth in Coast Guard patrol officer, no person or will hold open meetings in Arlington, section IV hereof before Administrative vessel may enter or remain in the area Va., and Washington, D.C. Law Judge Paul N. Pfeiffer, or such other specified in paragraph (a) of these reg­ The National Highway Safety Advisory judge as may be designated, in room ulations. Committee is composed of 35 members 7233, Department of HUD Building, 451 (2) The operator of any vessel in the appointed by the President in accord­ Seventh Street SW., Washington, D.C., immediate vicinity of the area specified ance with the Highway Safety Act of at such time as the Secretary of the De­ in paragraph (a) of these regulations 1966 (23 U.S.C. 401 et seq.). The commit­ partment of Housing and Urban Devel­ shall: tee consists of representatives of State opment, or his designee, may fix by (i) Stop his vessel immediately upon and local governments, State legisla­ further order. hearing five or more short blasts of a tures, public and private interests con­ Respondent is hereby notified that if horn or whistle from any vessel display­ tributing to, affected by, or concerned he fails to request a hearing within 15 ing a Coast Guard emblem; and with highway safety, other public and days after service upon him of this no­ (ii) Proceed as directed by any Coast private agencies, organizations, and tice of proceedings as set forth in section Guard officer or petty officer. groups demonstrating an active interest V hereof, he shall be deemed in default (3) Any spectator vessel may anchor in highway safety, and research scien­ and the proceeding shall be determined outside of the area specified in paragraph tists and other experts in highway safety. against him, the allegations of which (a) of this regulation. The advisory committee advises, con­ shall be determined to be true, and an or­ (4) The Coast Guard patrol officer is a sults with, and makes recommendations der suspending the statement of record, commissioned officer of the Coast Guard, to the Secretary of Transportation on herein identified, shall be issued pursu­ who has been designated by the Com­ matters relating to the activities of the ant to 24 CFR 1710.45(b) (1). mander, Fifth Coast Guard District. Department in the field of highway (5) These regulations and other ap­ safety. The committee is specifically au­ This notice is published pursuant to plicable laws and regulations are en­ thorized (1) to review research projects 44 U.S.C. 1508. « forced by Coast Guard officers and petty or programs, and (2) to review, prior to By the Secretary. officers on board Coast Guard, public, issuance, standards proposed to be is­ George K. B ernstein, and private vessels displaying the Coast sued by the Secretary under the na­ Interstate Land Guard emblem. tional highway safety program. Sales Administrator. (Sec. 1, 35 Stat. 69, as amended, sec. 6(b) (1) The following meetings will be held, 80 Stat. 937; 46 U.S.C. sec. 454, 49 U.S.C. sec. subject to approval by the Secretary [PR Doc.73-9589 Piled 5-14-73;8:45 am] 1655(b) (1); 33 CFR 100.35, 49 CFR 1.46(b).) of Transportation: Effective dates.—These regulations are The full committee will meet from 9 DEPARTMENT OF effective from 9 a.m., e.d.s.t., until 6 p.m., a.m. to 12 noon on May 24, in the ball­ TRANSPORTATION e.d.s.t., on May 30, 31, and June 1, 2, and room of the Quality Inn Hotel, 300 Army- 3,1973. Navy Drive, Arlington, Va., with the fol­ Coast Guard lowing agenda: Dated May 4,1973. [CGD 5-73-05 R] Report of executive subcommittee. PRESIDENT'S CUP REGATTA '■* Ross P. Bullard, Staff briefings on: Rear Admiral, U.S. Coast Guard, State and community program funding. Special Local Regulations Commander, Fifth Coast States’ comprehensive plans. This notice promulgates special Guard District. Plans for evaluation of "report card.” FHWA progress on implementation of regulations for the President’s Cup {FR Doc.73-9574 Filed 5-14^73;8:45 am] gatta. These special local regulation November resolution on highway hazards. established to insure the safety of li From 1:30 p.m. to 4 p.m., the two sub­ the Potomac River at Washington, Federal Aviation Administration committees will meet with the following immediately before, during, and imr FLIGHT INSPECTION DISTRICT OFFICE AT items on their respective agendas: ately after this regatta. Since these ALBUQUERQUE, N. MEX. ciai rules must be made effective ir Subcommittee on Research and Program Notice of Closing Development: days apply at the time o Discussion of standards revision. S S ? uied event> 1 And that notice Notice is hereby given that on June 3, Report of ad hoc committee on driver edu­ public procedure on the issuance of 1973, the Flight Inspection District Office cation.

FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M AY 15, 1973 12774 ¡NOTICES

New business. Nuclear Power Station prepared by the An agreement has been filed with the Development of subcommittee report to Commission’s Directorate of Licensing. A Board pursuant to section 412(a) of the full committee. copy of this final environmental state­ Federal Aviation Act of 1958 (the Act) Subcommittee on Standards Implemen­ ment is also available for public inspec­ and part 261 of the Board’s economic reg­ tation : ulations, between various air carriers, Preparation of report on Colorado Springs tion at the above-designated locations. conference. Pursuant to the provisions of 10 CFR foreign air carriers and other carriers, Discussion of “report card." part 50, appendix D, section A.ll, the embodied in the resolutions of the traffic Report of liaison with State legislatures. final environmental statement is deemed conferences of the International Air Ad hoc task force on adjudication—final modified to the extent that the findings Transport Association (LATA). The report. and conclusions relating to environmen­ agreement was adopted by mail vote, and New business. tal matters contained in the initial provides for editorial changes to an ex­ Preparation of subcommittee report to decision are different from those con­ isting resolution governing currency ex­ full committee. tained in the final environmental state­ change procedures. On May 25, the full committee will ment. As required by section A.ll of Pursuant to authority duly delegated meet from 9 a.m. to 1 p,m. in room 2230, appendix D, a copy of the initial deci­ by the Board in the Board’s regulations, DOT Headquarters Building, 400 Seventh sion, which modifies the final environ­ 14 CFR 385.14, it is not found that the Street SW., Washington, D.C., with the mental statement, has been transmitted following resolutions, which are incor­ following agenda: to the Council on Environmental Quality porated in Agreement CAB 23653, are ad­ Report of the ad hoc task force on adjudi­ and made available to the public as noted verse to the public interest or in violation cation. herein. of the Act: Report of the Subcommittee on Research and Single copies of the initial decision 100 (Mail 926) 02 If. Program Development. and of the final environmental statement 200 (Mail 179) 021f. Report of the Subcommittee on Standards may be obtained by writing the U.S. 300 (Mail 403) 02If. Implementation. Atomic Energy Commission, Washing­ New business. Accordingly, it is ordered, That: ton, D.C. 20545, attention: Deputy Direc­ Agreement CAB 23653 be and hereby Further information may be obtained tor for Reactor Projects, Directorate of is approved. from the Executive Secretariat, National Licensing. Highway Traffic Safety Administration, Persons entitled to petition the Board Dated at Bethesda, Md., the 8th day of for review of this order pursuant to the Department of Transportation, 400 Sev­ May 1973. enth Street SW., Washington, D.C. 20590, Board’s regulations, 14 CFR 385.50, may 202-426-2872. For the Atomic Energy Commission. file such petitions within 10 days after the date of service of this order. This notice is given pursuant to sec­ G eorge W. K nighton, tion 10(a) (2) of Public Law 92-463, Fed­ Chief, Environmental Projects This order shall be effective and be­ eral Advisory Committee Act (FACA), Branch No. 1, Directorate of come the action of the Civil Aeronautics effective January 5, 1973. Board upon expiration of the above pe­ Licensing. riod, unless within such period a petition Issued on May 9,1973, [PR Doc.73-9591 Filed 5-14-73;8:45 am] for review thereof is filed or the Board Calvin B urkhart, gives notice that it will review this order Executive Secretary. CIVIL AERONAUTICS BOARD on its own motion. [PR Doc.73-9595 Piled 5-14-73;8:45 am] [Docket No. 25459] This order will be published in the AMERICAN AIRLINES, INC. F ederal R egister. ATOMIC ENERGY COMMISSION Notice of Prehearing Conference [seal] Edwin Z. Holland, [Docket No. 50-271] . Secretary. In the matter of American Airlines, VERMONT YANKEE NUCLEAR POWER Inc., Round trip Excursion Fares. [PR Doc.73-9613 Filed 5-14-73;8:45 am] CORP. Notice is hereby given that a prehear­ Availability of Initial Decision of Atomic ing conference in the above-entitled [Docket No. 25264] Safety and Licensing Board oil matter is assigned to be held June 1, STANLEY G. WILLIAMSbN AND Pursuant to the National Environmen­ 1973, at 10 a.m. (local time), in room 911, s o u t h e r n AIR TRANSPORT INC. tal Policy Act of 1969 and the U.S. Atomic Universal Building, 1825 Connecticut Energy Commission’s regulation in ap­ Avenue NW., Washington, D.C., before Postponement of Hearing pendix D, sections A.9 and A.11, to 10 Administrative Law Judge Louis W. In the matter of Stanley G. Williams/ CFR part 50, notice is hereby given that Somson. Southern Air Transport, Inc., acquisition an initial decision dated February 27, In order to facilitate the conduct of of control. 1973, by the Atomic Safety and Licensing the conference parties are instructed to Notice is hereby given that the hearing Board in the above-captioned proceed­ submit on or before May 25, 1973, one in the above-entitled proceeding has ing authorizing issuance of a license to copy to each party and four copies to the been postponed from May 30, 1973 (38 Vermont Yankee Nuclear Power Corp. judge of (1) proposed statements of FR 10753, May 1, 1973), to May 31,1973, for operation of Vermont Yankee Nu­ issues; (2) proposed stipulations; (3) re­ at 10 a.m. (local time) in room 726, Uni­ clear Power Station located in Wind­ quests for information; (4) statement of versal Building, 1825 Connecticut Avenue ham County, Vt., is available for positions of parties; and (5) proposed procedural dates. NW,, Washington, D.C. inspection by the public in the Commis­ Dated at Washington, D.C., May 9, sion’s public document room at 1717 H Dated at Washington, D.C., May 9, Street NW., Washington, D.C., and in 1973. 1973. the Brooks Memorial Library, 224 Main [seal] Milton H. Shapiro, Street, Brattleboro, Vt. 05301. [ seal] R obert L. P ark, Administrative Law Judge. Associate Chief The initial decision is also being made [PR Doc.73-9611 PUed 5-14-73;8:45 am] available at the Vermont Agency of Administrative Law Judge. Administration, Department of Budget [PR Doc.73-9610 PUed 5-14-73; 8:45 am] and Management, Pavilion Office Build­ NEW YORK-NEW JERSEY CONGRESSIONAL DELEGATIONS ing, Montpelier, Vt. 05602, and at the [Docket No. 24488; Order 73-5-43] Windham Regional Planning and Devel­ Notice of Meeting opment Commission, 139 Main Street, INTERNATIONAL AIR TRANSPORT Brattleboro, Vt. 05301. ASSOCIATION Notice is hereby given that a meeting with the above delegations and a The initial decision modified in cer­ Order Relating to Currency Matters tain respects the contents of the final representatives will be held on May _• environmental statement relating to the Issued under delegated authority May 1973, at 3 p.m. (local time), in room jw - licensing for operation of the Vermont 9, 1973. Universal Building, 1825 Connec

FEDERAL REGISTER, V O L 38, NO . 93— TUESDAY, M AY 15, 1973 \ NOTICES 12775

Avenue NW„ Washington, D.C., to dis­ of the Cost of Living Council, issue re­ (c) The authority delegated in sub- cuss airline service between Washington medial orders, monitor remedial activi­ paragraph (a) does not include any au­ and New York. ties and approve compliance actions with thority which has been delegated to the respect thereto; Construction Industry Stabilization Dated at Washington, D.C., May 11, (c) Direct the Internal Revenue Serv­ Committee pursuant to Cost of Living 1973. ice to conduct investigations to deter­ Council Orders Nos. 16 and 20. [seal] P hyllis T. K aylor, mine whether persons are in compli­ 5. There is delegated to the Assistant Acting Secretary. ance with the regulations and orders of Director for Management authority to: [FR DOC.73-9763 Piled 5-14-73; 11:26 am] the Cost of Living Council and super­ (a) Exercise procurement authority vise those investigations; and for the Cost of Living Council in accord­ (d) Request information and conduct ance with the Federal Property Manage­ COST OF LIVING COUNCIL hearings with respect to functions dele­ ment Regulations and the Federal Pro­ [Cost of Living Council Order No. 25] gated in this paragraph. curement Regulations; ADMINISTRATOR, OFFICE OF PRICE 3. There is delegated to the General (b) Appoint cashiers and certify fi­ MONITORING, ET AL. Counsel authority to: nancial statements; (a) Represent the Cost of Living Coun­ (c) Administer such special funds as Delegations of Authority cil and make recommendations to the may be required by statute or by ad­ Pursuant to the authority vested in me Department of Justice with respect to ministrative determination for carrying as Director of the Cost of Living Council litigation in which the Cost of Living out the functions of the Cost of Living by Cost of Living Council Order No. 14, Council is a party; Council; it is hereby ordered as follows: (b) Make recommendations to the De­ (d) Administer personnel manage­ 1. There is delegated to the Adminis­ partment of Justice as to the prosecu­ ment activities including effectuation of trator, Office of Price Monitoring, au­ tion of violations and the handling of all personnel actions; and thority to; other court proceedings relating to the (e) Administer support services ac­ (a) Make decisions and issue orders regulations and orders of the Cost of Liv­ tivities. with respect to individual requests for ing Council; 6. There is delegated to the Executive price adjustments; (c) Compromise and collect civil pen­ Secretary authority to determine, in ac­ (b) Make decisions and issue orders alties for violations of the regulations cordance with the provisions of the Fed­ with respect to individual requests for and orders of the Cost of Living Council; eral Advisory Committee Act (Public volatile pricing authorization, treatment (d) Issue legal opinions and interpre­ Law 92-462, 86 Stat. 770), that advisory as low profit firms, or modification of tations of the regulations, decisions, and committee meetings shall be closed and term limit pricing authorizations; orders of the Cost of Living Council and to sign notices with respect to advisory (c) Make decisions and issue orders the laws relating thereto; and (e) Consider and decide all appeals committee meetings for publication in with respect to individual requests for the F ederal R egister. reconsiderations of denials and partial from adverse determinations of economic approvals of requests for price adjust­ stabilization matters by the Internal 7. Each official to whom authority is ments; Revenue Service except with respect to: delegated by this order may redelegate (d) Make decisions and issue orders (i) Exception requests relating to price that authority. with respect to individual requests for and rent matters, which shall be con­ 8. In exercising the authority dele­ exceptions from the regulations and sidered and decided by the Administra­ gated by this order or redelegated pur­ orders governing pTice matters; tor, Office of Price Monitoring; and suant thereto officials of the Cost of Liv­ (e) Consider and decide appeals from (ii) Exception requests and challenges ing Council shall be governed by the exception denials by the Internal Reve­ relating to pay matters, which shall be regulations and rulings of the Cost of nue Service with respect to price and considered and decided by the Adminis­ Living Council and by the policies, pro­ rent matters; trator, Office of Wage Stabilization. cedures, and controls prescribed by the (f) Monitor price and rent increases or 4. (a) There is delegated to the Admin­ Director of the Cost of living Council, adjustments put into effect before Janu­ istrator, Office of Wage Stabilization, au­ or his delegate. ary ll, 1973; and notify persons of prob­ thority to: 9. Actions taken by the Administrator, able violations of the regulations and (i) Issue challenges with respect to Office of Price Monitoring, and the Ad­ orders of the Cost of Living Council, is­ pay adjustments as provided in Cost of ministrator, Office of Wage Stabilization, sue remedial orders, monitor remedial ac­ Living Council Regulations; under paragraphs 1(c) and 4(a) (iii) re­ tivities, and approve compliance actions (ii) Process, consider, decide, and is­ spectively are administratively final. Re­ with respect thereto; sue decisions and orders with respect to view of these actions may be sought in (g) Monitor price increases or ad­ individual cases involving pay adjust­ the appropriate Federal district court justments put into effect after January ments presented to the Cost of Living pursuant to section 211 of the Economic 10, 1973, disclosed as the result of indi­ Council under the policies, rulings, and Stabilization Act of 1970, as amended vidual company filings; and issue chal­ regulations of the Council; (Public Law 92-210, 85 Stat. 744). lenges and remedial orders, monitor re­ (iii) Rule on requests for review or 10. Cost of Living Council Orders No. medial activities and approve compliance reconsideration of initial decisions made 22 and No. 23 are hereby superseded. actions with respect thereto; pursuant to this paragraph; 11. This order is effective April 23, . Request information and conduct (iv) Monitor pay adjustments; and 1973. hearings with respect to functions dele­ (v) Request information and conduct J ohn T. D unlop, gated in this paragraph. hearings with respect to functions dele­ Director, 2. There is delegated to the Assistant gated in this paragraph. Cost of Living Council. Director, Compliance and Enforcement, authority to: (b) In the consideration of any pay ad­ [FR Doc.73-9568 Filed 5-14r-73;8:45 am] justment under subparagraph (a), the (a) Monitor price increases or adjust- Administrator shall, except as otherwise in*° effect after January 10, directed by the Director, take final ac­ [Cost of Living Council Order No. 26] »73, disclosed by other than individual tion only after consulting with and re­ DIRECTORSHIP company filings; and issue challenges ceiving recommendations as to disposi­ .. J^medial orders, monitor remedial tion from the appropriate tripartite in­ Order of Succession gcgvities and approve compliance ac­ dustry wage and salary committee as The following officials, in the order tions with respect thereto; heretofore or hereafter may be estab­ indicated, shall act as Director of the „.fji? ,Reyiew recommendations for re- lished by the Council and may solicit and Cost of Living Council, in case of the action with respect to pay adjust- receive the advice and recommendations absence or disability of the Director, v£ h« ™tify Persons of probable of any other appropriate individual, until the absence or disability ceases, or ations of the regulations and orders group, panel, or committee. in the case of a vacancy in the Office of

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 12776 NOTICES the Director, until a successor is ap­ to intervene or protest with the Federal the provisions of section 1 of the said pointed. Power Commission, Washington, D.C. Public Law 537 (16 U.S.C. 667b). (1) Deputy Director. 20426, in accordance with §§ 1.8 and 1.10 Dated May 7,1973. (2) General Counsel. of the Commission’s rules of practice In the case of the absence or disability and procedure (18 CPR 1.8, 1.10). All T homas M. T hawley, of the Deputy Director, until the ab­ such petitions or protests should be filed Commissioner. sence or disability ceases, or in the case on or before May 15, 1973. Protests will [FR Doc.73-9565 Filed 5-14-73;8:45 am] of a vacancy in the Office of the Deputy be considered by the Commission in de­ Director, until a successor is appointed, termining the appropriate action to be INTERIM COMPLIANCE PANEL the General Counsel shall act as Deputy taken, but will not serve to make pro- (COAL MINE HEALTH AND SAFETY) Director. testants parties to the proceeding. Any This order is issued under the author­ person wishing to become a party must JEWELL RIDGE COAL CORP. ity of Executive Order 11695 and the file a petition to intervene. Copies of Applications for Renewal Permits; Notice of authority delegated to me by Cost of this filing are on file with the Commis­ Opportunity for Public Hearing Living Council Order No. 14, 38 PR 1489. sion ' and are available for public inspection. Applications for renewal permits for Issued in Washington, D.C., on May 8, K enneth P. P lumb, noncompliance with the interim manda­ 1973. Secretary. tory dust standard (2 mg/m3) have been J ohn T. D unlop, [FR Doc.73-9643 Filed 5-14-73;8:45 am] received as follows: Director, (1) ICP docket No. 20070, Jewell Ridge Coal Cost of Living Council. Corp., Big Creek Seaboard Mine No. 1, [FR Doc.73-9569 Filed 5-14^73; 8:45 am] FEDERAL RESERVE SYSTEM USBM ID No. 44 02253, Jewell Valley, Va.: INDUSTRIAL BANK OF JAPAN, LTD. Section ID No. 001 (west main Mg.). FOOD INDUSTRY WAGE AND SALARY Acquisition of Bank Section ID No. 002 (west main Mg.). COMMITTEE Section ID No. 003 (1 south). Industrial Bank of Japan, Ltd., Tokyo, (2) ICP docket No. 20073, Jewell Ridge Coal Determination To Close Meeting Japan, has applied for the Board’s ap­ Corp., Big Creek Tiller Mine, USBM ID The Director of the Cost of Living proval under section 3(a) (3) of the Bank No. 44 01488 0, Jewell Valley, Va.: Council has determined that the meeting Holding Company Act (12 U.S.C. 1842(a) Section ID No. 001-1 (6 right off (3)) to acquire 14,214 of the voting tiller m ains). of tiie Pood Industry Wage and Salary Section ID No. 003 (1 right off west Committee to be held, as previously an­ shares of the Bank of Tokyo Trust Co., m ains). nounced, on May 23, 1973, will consist of New York, N.Y., by subscription to a Section ID No. 006 (1 west mains exchanges of opinions, that the discus­ rights offering. The factors that are con­ (right side)). sions, if written, would fall within ex­ sidered in acting on the application are Section ID No. 005 (5 right off tiller emption (5) of 5 U.S.C. 552(b) and that set forth in section 3(c) of the act (12 m ains). it is essential to close the meeting to U.S.C. 1842(c)). (3) ICP docket No. 20074, Jewell Ridge Coal The application may be inspected at Corp., No. 11 UQ Mine, USBM ID No. protect the free exchange of internal 44 00251 0, Jewell Valley, Va.: views and to avoid interference with the the office of the Board of Governors or Section ID No. 001 (north mains). operation of the Committee. at the Federal Reserve Bank of New Section ID No. 004 (betts branch Issued in Washington, D.C., on May York. Any person wishing to comment m ains). 11,1973. on the application should submit his In accordance with the provisions of William N. W alker, General Counsel, views in writing to the Reserve Bank to section 202(b) (4) (30 U.S.C. 842(b)(4)) be received not later than May 23, 1973. of the Federal Coal Mine Health and Cost of Living Council. Safety Act of 1969 (83 Stat. 742, et seq. [FR Doc.73-9704 Filed 5-11-73; 1:01 pm] Board of Governors of the Federal Public Law 91-173), notice is hereby Reserve System, May 9, 1973. given that requests for public hearing as FEDERAL POWER COMMISSION [seal] Chester B. F eldberg, to an application for renewal may be [Dockets Nos. CP72-35, CP69-41 ] Assistant Secretary of the Board. filed on or before May 30, 1973. Requests [FR Doc.73-9601 Filed 5-14-73;8:45 am] for public hearing must be filed in ac­ ALGONQUIN GAS TRANSMISSION CO. cordance with 30 CFR part 505 (35 FR Proposed Initial Rate Schedule 11296, July 15, 1970), as amended,copies GENERAL SERVICES of which may be obtained from the panel May 8, 1973. ADMINISTRATION on request. Take notice that on April 16, 1973, [Wildlife Order 103; U-RI-466] A copy of the application is available Algonquin Gas Transmission Co. (Algon­ for inspection and requests for public quin) tendered for filing an initial rate BLOCK ISLAND NORTH LIGHT STATION, NEW SHOREHAM, R.l. hearing may be filed in the office of the schedule and executed service agree­ Correspondence Control Officer, Interim ments for synthetic gas sales, pursuant Transfer of Property Compliance Panel, room 800, 1730 K to Opinions Nos. 637 and 637-A. Algon­ Street NW., Washington, D.C. 20006. quin states that the Commission by Pursuant to section 2 of Public Law Opinions Nos. 637 and 637-A authorized 537, 80th Congress, approved May 15, G eorge A. Hornbeck, Algonquin to commence the sale of syn­ 1948 (16 U.S.C. 667c), notice is hereby Chairman, thetic gas to its customers under rate tions: Interim Compliance Panel. schedule SNG-1, and required 6 months’ 1. By letter from the General Serv­ M ay 10, 1973. notice of the commencement date of such ices Administration, Boston, Mass., Re­ [FR Doc.73-9560 Filed 5-14-73;8:45 am] sales. Algonquin states that the initial commencement date is estimated as gional Office, dated April 12, 1973, the October 16, 1973, and Algonquin re­ property comprising approximately 28.7 NATION AL AERONAUTICS AND quested that such date be considered as acres of land improved with three build­ SPACE ADMINISTRATION the tentative effective date of the tariff ings and a light tower, identified as Por­ [Notice 73-41] sheets and service agreements. Algon­ tion—Block Island North Light Station, NASA RESEARCH AND TECHNOLOGY AD­ quin’s estimated revenue for the first 12 New Shoreham, R.I., has been trans­ VISORY COUNCIL, COMMITTEE ON months of operation under rate schedule ferred to the Department of the Interior. AERONAUTICAL PROPULSION SNG-1 is $24,125,060. 2. The above property was transferred Agenda and Notice of Meeting Any person desiring to be heard or to to the Department of the Interior for a The NASA Research and Technology protest said filing should file a petition migratory bird refuge in accordance with Advisory Council, Committee on Aero*

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 NOTICES 12777 nautical Propulsion will meet on May 23 fidèntial nature of information under and 24, 1973, at the NASA Lewis Re­ 1 pjn.___.__ Committee discussion and consideration. search Center, Cleveland, Ohio. The recommendations — (Pur­ meeting is open to the public and will be pose: To discuss major ele­ Dated May 9,1973. held at the Guerin House located at the ments presented during the By direction of the Administrator. Lewis Research Center. The seating ca­ meeting and to recommend pacity at the Guerin House is about 30 courses of action to NASA). [seal] R ufus H. W ilson, persons, including committee members H omer E. N ewell, Associate Deputy Administrator. and other participants. Associate Administrator, Na­ [PR Doc.73-9593 Filed 5-14-73;8:45 am] The NASA Research and Technology tional Aeronautics and Space Advisory Council, Committee on Aero­ Administration. DEPARTMENT OF LABOR nautical Propulsion was established to May 10,1973. advise NASA’s senior management in the Bureau of Labor Statistics areas of aeronautical propulsion re­ [PR Doc.73-9585 Piled 5-14-73; 8:45 am] LABOR RESEARCH ADVISORY COUNCIL search and technology. The committee studies issues, pinpoints critical prob­ OFFICE OF EMERGENCY Meeting of Committee on Industrial Safety lems, determines gaps in needed tech­ ■ PREPAREDNESS A meeting of the Labor Research Ad­ nology, points out desirable goals and visory Council’s Committee on Industrial objectives, summarizes the state-of-the- ALABAMA Safety will be held on May 24 at 10 a.m. art, assesses ongoing work, and makes Amendment to Notice of Major Disaster in the Board Room (8th Floor) pf the recommendations to help NASA plan and National Association of Letter Carriers carry out an aeronautical propulsion Notice of major disaster for the State Building, 100 Indiana Avenue NW., of Alabama, dated March 27, 1973, and Washington, D.C. program of greatest benefit to the Na­ published April 2, 1973 (38 FR 8488); tion. There are 14 members on the Aero­ amended April 5, 1973, and published The Labor Research Advisory Council nautical Propulsion Committee. The April 9, 1973 (38 FR 9049) ; amended and its committees advise the Bureau of current chairman is Mr. Richard J April 20, 1973, and published April 26, Labor Statistics with respect to technical Coor. 1973 (38 FR 10334) ; and amended May 3, matters associated with the Bureau’s The following list sets forth the ap­ 1973, and published May 7, 1973 (38 FTt programs. Membership consists of union proved agenda and schedule for the 11377) is hereby further amended to research directors and staff members. meeting. For further information please include the following counties among The agenda for the meeting follows: contact the Executive Secretary, Mr. 1. Status of the 1972 OSHS survey and Harry W. Johnson, area code 202-755- those counties determined to have been plans for the 1973 survey. 3003. adversely affected by the catastrophe de­ 2. Status of the State grants program. M a y 23, 1973 clared a major disaster by the President 3. Report on the Recordkeeping Revision Task Force. Time Topic in his declaration of March 27,1973: 8:30 a.m-----Report by the chairman— The counties of: The meetings are open. It is suggested (Purpose: Chairman will Hale Wilcox that persons planning to attend as ob­ report on the results of the servers contact Joseph P. Goldberg, last Research and Technol­ Dated May 9,1973. Executive Secretary, Labor Research ogy Advisory Council Com­ D arrell M. T rent, mittee meeting). Advisory Council on (area code 202) 8 ajn— ----- Executive Secretary report— Acting Director, 961-2247. (Purpose: Secretary will re­ Office of Emergency Preparedness. . Signed at Washington, D.C. this 9th port on NASA policies on [PR Doc.73-9549 Piled 5-14-73;8:45 am] day of May 1973. committees, organizational changes, program plans, and B en B urdetsky, review NASA actions on VETERANS’ ADMINISTRATION Deputy Commissioner past committee recommen- dations). VETERANS' ADMINISTRATION WAGE of Labor Statistics. K) am------Center reports — (Purpose: COMMITTEE [PR Doc.73-9570 Piled 5-14-73;8:45 am] Center will report on ac­ Notice of Meetings complishments during the INTERSTATE COMMERCE past year on their research The Veterans’ Administration gives . and technology programs). notice that meetings of the VA Wage COMMISSION 1 P'm-— — Military services reports— Committee will be held at the Veterans’ [Notice 242] (Purpose: To review the major elements of military Administration central office, 810 Ver­ ASSIGNMENT OF HEARINGS propulsion research as it mont Avenue NW„ Washington, D.C., on: » relates to NASA activities). M ay 10, 1973. P-m------Review of major ongoing Thursday, June 7,1973. Thursday, June 21,1973. Cases, assigned for hearing, postpone­ NASA programs—(Purpose: Thursday, July 5,1973. ment, cancellation, or oral argument ap­ To review state of technol­ ogy and identify problem Thursday, July 19,1973. pear below and will be published only areas of major ongoing Thursday, August 2,1973. once. This list contains prospective as­ NASA programs in the area Thursday, August 16,1973. signments only and does not include of noise, pollution, and ad­ The meetings will convene in room vanced supersonic technol­ cases previously assigned hearing dates. ogy). 1100 at 2 p.m. for the purpose of review­ The hearings will be on the issues as May 24, 1973 ing the adequacy of data obtained in presently reflected in the official docket .30 a.m. ,, Report on energy conserva­ wage surveys conducted under the lead of the Commission. An attempt will be tion—(Purpose: To deter­ of VA field stations and under the proce­ made to publish notices of cancellation mine the impact of limited dure requirements of'the Federal wage of hearings as promptly as possible, but petroleum-based fuels on system. future aircraft fuel needs interested parties should take appropri­ and to examine solutions to The meetings will be closed to the pub­ ate steps to insure that they are notified the problems). lic under the provisions of section 10(d) of cancellation or postponements of hear­ of Public Law 92-463, based on the con- ings in which they are interested. No

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 12778 NOTICES Amendments will be entertained after Commerce Act, and rules and regulations Transport, Inc., Malden, Mass., evidenc­ the date of this publication. prescribed thereunder (49 CFR part ing a right to engage in transportation in MO 107912 sub 17, Rebel Motor Freight, Inc., 1132), appear below: interstate commerce as described in ir­ continued to July 31, 1973, in room 918, Each application (except as otherwise regular route common carrier certificate Federal Building, 167 North Main Street, specifically noted), filed after March 27, No. 5271 issued by the Massachusetts Memphis, Tenn. 1972, contains a statement by applicants Department of Public Utilities. Frank J. AB-5 sub 7, Cleveland, Cincinnati, Chicago, that there will be no significant effect Weiner, 15 Court Square, Boston, Mass. and St. Louis Railway Co., and George F. on the quality of the human environment 02108, attorney for applicants. Baker, Richard C. Bond, and Jervis Lang- don, Jr., trustees of the property of Penn resulting from approval of the applica­ No. MC-FC-74463. By order entered Central Transportation Co., debtor, aban­ tion. As provided in the Commission’s May 8,1973, the Motor Carrier Board ap­ donment between Wilkinson and Hunter, special rules of practice any interested proved the transfer to Arrow Bus Co., in Hancock and Marion Counties, Ind., now person may file a petition seeking recon­ Inc., Clifton, N.J., of the operating being assigned hearing July 9, 1973 (1 sideration of the following numbered rights set forth in certificate No. MC- week), at New Castle, Ind., in a hearing proceedings on or before May 30, 1973. 37049, issued May 18, 1949, to Louise room to be later designated. Pursuant to section 17(8) of the Inter­ Travers, doing business as Burlington MC 123744 sub 8, Butler Trucking Co., now state Commerce Act, the filing of such being assigned July 17, 1973, at the offices Tours, Paterson, N.J., authorizing the of the Interstate Commerce Commission, a petition will postpone the effective transportation of passengers and their Washington, D.C. date of the order in that proceeding baggage, restricted to traffic originating MC 134599 subs 39, 40, and 41, Interstate pending its disposition. The matters re­ at the point and in the territory indi­ Contract Carrier Corp., now assigned June lied upon by petitioners must be speci­ cated, in charter operations, over ir­ 5, 1973, at Washington, D.C., postponed to fied in their petitions with particularity. regular routes, from Paterson, N.J., and June 11, 1973, at the offices of the Inter­ No. MC-FC-74339. By order of May 8, state Commerce Commission, Washington, points and places within 15 miles of D.C. 1973, the Motor Carrier Board approved Paterson, to points and places in New MC-52858 sub 109, Convoy Co., now assigned the transfer to Willard Graese Transport York, and return. Edward F. Bowes, 744 June 6, 1973, at Denver, Colo., is canceled Service, Inc., Mondovi, Wis., of that por­ Broad St., Newark, N.J. 07102, attorney and the application dismissed. tion of the operating rights in certificate for applicants. MC 33641 sub 101, IML Freight, Inc., now No. MC-72580 issued April 1, 1957, to being assigned June 18, 1973 (1 week), R. M. Hart, Gilmanton, Wis., authoriz­ [seal] R obert L. Oswald, at. Portland, Oreg., in a hearing room to be ing the transportation of general com­ Secretary. later designated, modities, with usual exceptions, between [FR Doc.73-9605 Filed 5-14-73;8:45 am] MC 112989 sub 30, West Coast Truck Lines, Inc., now being assigned June 18, 1973 (1 Mondovi, Wis., and Winona, Minn., serv­ week), at Portland, Oreg., in a hearing ing all intermediate points. F. H. [Notice 270] room to be later designated. Kroeger, 2288 University Avenue, St. MOTOR CARRIER TRANSFER MC 128343 sub 21, C-Line, Inc., now being Paul, Minn. 55114, registered practitioner PROCEEDINGS assigned July 18, 1973, at the offices of the for applicants. Interstate Commerce Commission, Wash­ May 10, 1973. ington, D.C. No. MC-FC-74404. By order entered Application filed for temporary au­ MC 108411 sub 5, Stearly’s Motor Freight, May 7, 1973, the Motor Carrier Board thority under section 210a(b), in con­ Inc., extension-cranes, now being assigned approved the transfer to Ellis Transfer nection with transfer application under for hearing July 18, 1973, at the offices and Storage, Inc., Florence, S.C., of the of the Interstate Commerce Commission, operating rights set forth in certificate section 212(b), and transfer rules, 49 Washington, D.C. No. MC-87674, issued July 25, 1961, to CFR part 1132: MC-138078 sub 2, M K Transport, Inc., appli­ Rice Transfer and Storage, Inc., Rock No. MC-FC-74479. By application filed cation is dismissed. MC-135109 sub 3, Seco, Inc., now being as­ Hill, S.C., authorizing the transportation May 4, 1973, TILLMAN TRANSFER, signed July 19, 1973, at the offices of the of household goods as defined by the INC., 746 East 22d St., Freemont, Nebr. Interstate Commerce Commission, Wash­ Commission, between specified points in 68025, seeks temporary authority to ington, D.C. South Carolina and North Carolina, on lease the operating rights of DELBERT the one hand, and, on the other, points BRAESCH, doing business as ARLING- [seal] R obert L. Oswald, in Georgia, North Carolina, Tennessee, TON-HOOPER TRANSFER, P.O. Box Secretary. and Virginia; and between specified 218, Arlington, Nebr. 68002, under sec­ [FR Doc.73-9607 Filed 5-14-73; 8:45 am] points in South Carolina, on the one tion 210a(b). The transfer to TILLMAN hand, and, on the other, points in North TRANSFER, INC., of the operating Carolina. John L. McGowan, Box 109, rights of DELBERT BRAESCH, doing [Notice 271] Florence, S.C., attorney for applicants. business as ARLINGTON-HOOPER MOTOR CARRIER BOARD TRANSFER TRANSFER, is presently pending. PROCEEDINGS No. MC-FC-74436. By order of May 8, 1973, the Motor Carrier Board approved By the Commission. Synopses of orders entered by the the transfer to Great Eastern Trucking Motor Carrier Board of the Commission [seal] R obert L. Oswald, Corp., Lynn, Mass., of certificate of regis­ Secretary. pursuant to sections 212(b), 206(a), 211, tration No. MC-120847 (sub-No. 1), is­ 312(b), and 410(g) of the Interstate sued January 22, 1964, to Intrastate [FR Doc.73-9606 Filed 5-14-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M A Y 15, 1973 FEDERAL REGISTER 12779 CUMULATIVE LISTS OF PARTS AFFECTED— MAY The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during May.

1 CFR Page 8 CFR Page 1 4 CFR— Continued Page Ch. I— 10705 245— 11340 P roposed R ules— Continued 9 CFR 101______11354 3 CFR 207 ______10816 Proclamations: 12______10797 208 ______10816 4214 ______11433 73______10803, 10917 212______10816 4215 ______11435 76______12201 234______12413 4216 ______12313 82______12093, 12325 244—___ 10817 92______10723 249 ______10817 4217 ______12601 112______:______12093 Executive Orders: 250 ______12413 114______12093 296 ______10817 11541 superseded in part by 331______10724 297 ___ 10817 EO 11717______.12315 381______10725 11717______12315 P roposed R ules : 15 CFR 4 CFR 301. _____ 11090 dti. m ______12736 404______12319 316. 11090, 11092 302______r______11068 317. 11090, 11092 16 CFR 5 CFR 319. 11090,11093 213 11059, 11337, 11437, 12404 13______10707, 511 ______¿______11337 10 CFR 1107, 10805, 11072, 11075, 11076, 534 ______11337 25. 10803 11446-11448,12330-12334 870 ______: 12404 se­ 12733 17 CFR 900 ______11059 so.. 11445 140. 239 ___ 12100 6 CFR 11066 240______11448, 11449, 12103 130______P roposed R ules: 249______12100 11413, 12201, 12319, 12607, 12608, 50______10815 P roposed R ules: 12746 12 CFR 1 _ 11089 Proposed Rules: 201------1------12733 240______11472 102______12413 220------11066, 12097 18 CFR 7 CFR 226______12202 2______11449 2__ 265------10917 35____ 12114 5___ 523------12202 101______12115 52_____ 545------10918 141______12116 201__ _ 582a______10919 154______12116 225___ 722------11347, 12098 201______:______12117 271___ P roposed R ules: 260______12117 301___ 226. 12240 P roposed R ules: 331___ 506. 381___ 10969 2 ______I______12416 506a 10969 154______12416 510__ 702. 729___ 10743 157______12416 730__ 13 CFR 19 CFR 811__ 402------10920 905 __ 1____------10806 P roposed R ules : 4------10807, 11077 908-__ 110ß2 12092 12321 910 _ 123------12421 10------— =______12736 12__------10807 911__ 14 CFR 917— 39_____ 10920, 11340, 12325, 12326, 12734 P roposed R ules: 930— 1------10814 944-. 71—______10707, 10921-10923, 11067, 12203, 12327, 20 CFR 1030 _ 12604,12734 1121__ 73------10923, 12735 422------H450 1421------11J.A1 75------... ______12734 726__------12494 Proposed Rules: 91______1___ 12203 21 CFR 52___ 95______12327 97------12203, 12329 2 ------11452 Ch. VI—_ 3 ------11077 Ch. IX__ 121______12203 141------12203 10------12396 906___ 90------12716 915------12611 154______12204 183______12203 121------10713, 12397, 12398, 12737, 12738 918------11470 12232 130------11077, 12211 944------19fi19 241______10924 QCO ------±«501*5 252___ 12207 135------^______12399 Vüö------1 1 135a------10714,10808 1006______“"11354 287______10926 298______11067 135b______10808,10926,12399 1079------{ S 135c------12211, 12399 1096— P roposed R ules: lion 135e—------10714, 11078 AAOy------11094. 1 940p; 39______11111-11113 135g------10808, 10926 ------1 9740 71. 10956-10958, 11113, 11354, 12216 146e------12399 1701 ------lUiäö 1079ft 73______12216 191------11078 ‘U1------10951, 12233 75______12216 273______11080

No. 93—Pt. FEDERAL REGISTER, V O L 38, NO. 93— TUESDAY, M A Y 15, 1973 12780 FEDERAL REGISTER

21 CFR— Continued Page 30 CFR Pae« 41 CFR Page 278— ______11452 Ch. I______10927 15-3------12214 295______12738 Ch. V______10927 101-6______10812 101-7 P roposed R ules: ______10812 P roposed Rules: 101-8______10813 8 ______- - 11095 211______11348114-60______12401,12402 9______11095 216______11348 2 7 ______12234 P roposed R ules: 45— ______10952 31 CFR 3-3 ______H471 . _ 12720 90______332______10808 121______11096 42 CFR ...... 12129 146e______32 CFR 74 10721 191______10956, 12300 84111______11458 191c______12300 202______11454 278______. 12129 809______. 10934 P roposed R ules: 308______— 12119-12121. 881______10720 57______12614 12123, 12124, 12126, 12127, 12230 Ch. XVI______12134, 12135 1604______1274043 CFR 23 CFR P roposed R ules: _ 11086 S u b t it le A ------______10939 1611______12620 _ 10940 10810 c h . n ______*------204______1612______12759 1 «91 ____ 12110 305______— ! 11341 1623___ ;______12620 11341 720______— P u b l i c L a n d O r d e r s : 12103 790 ______32A CFR ..... __ _ 11347 1204______1810, 12399 Ch. X: 5 3 4 4 ______OI Reg. 1-____ 10725, 10811, 12746 24 CFR Ch. XI: 4 4 CFR 1914______10928, OIAB ______12118 4 0 1 — ______11086,12743 11081-11084, 12107, 12317-12319, Ch. XII: 12603,12739,12740 OPC Reg. 1______10811, 12401 4 5 CFR 11084, 12109 1915______{KOR ______— 12112 P roposed R ules: 33 CFR 9910 ______10782 1700______11096 1 ______12396 9.91 ______10782 1710______11096 117______10720,12396 999. ______10782 1720______11096 P roposed R ules: 9 9 6 ______10782 1730______11096 209______12217 3 3 3 ______. 10940 9 4 9 ______12112 25 CFR 35 CFR 9 5 9 ______12112 11 ______10927 111______11346 m fift ______10809 41 ______~____ 11085 52 ______— 11085 36 CFR P r o p o s e d R u l e s : ______12211 1 3 0 ___ 12407 P r o po se d R u l e s : 7______12212 10738 ______11348 IRfi ___ 141 _____ 12130 221 10814 P roposed R ules: 1 8 7 ______221______12749 46 CFR 26 CFR 38 CFR 11344. 12740 __ 12403 1______— 1 ______12213 J3 ______10927 10 11463,12403 3______12213 _ 12403 31______11345, 12740 _____ 11085 12 ______11454 17______14 _ 12403 52 ___ 21______12110,12213 301 ______11345 16 _ 12404 P roposed R ules: _ 12289 P r o po se d R u l e s : 42 21------v 12135 44 12290 1______10944, 11087,12405 45 _ 12290 40 CFR _ 10722 28 CFR 56 . 10722 _ 12110 40 ______12784 151— 0 ______52______12696, 12702,12711 29 CFR 180___ 10720, 10939, 12214, 12215, 12216 Proposed Rules: __ 12749 70______10714 P roposed R ules: 204______10714 50___ — —______11355 56 ______l2749 Ch. IV______10715 .... 11113. 12238 _ 11389 52______nq------12749 541______60______10820 7Ö.------1.2749 160? _ 12604 113______12239 yd------___ 12749 1902______12605 124______10960.12416 1910______10715, 10929, 1093C _ 10960, 12416 — ------12749 10711 125______196 ______12749 1952______133______10968 310------H47 P r o po sed R u l e s : 203 ______10821 1910______12405 Ch. V______10856 53«::::::::::::::: ______12134

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M AY 15, 1973 FEDERAL REGISTER 12781

47 CFR Page 49 CFR Page 49 CFR— Continued Page 0------_____ 10810, 12743 393______12133 P roposed R ules— Continued 571______2______11086, 12743 ______10940 217______12617 575______11347 Ch. X______12759 5______12744 1033______10941, 10942, 12606 1056______12758 15------— ______12744 1123______12744 1207______—______12335 50 CFR Proposed R ules: 17____ 10943 P roposed R ules: 28______10723 2______------12750 172 ___ 10960 32______10810, 11464 21______------12750 173 ______;______10960 33—_•______10943, 11464 260______12334 73______10743,10968, 12757 174 ___ 10960 178 ___ 10960 P roposed R u e s: 89______12619 179 ___ 10960 28. 12232

FEDERAL REGISTER PAGES AND DATES— MAY Pages Bate Pages Date 10699-10788______May 1 11427—12084______May 8 10789-10908______2 12085-12194______g 12195-12306______10 10909-11052______3 12307-12594^1:______11 11053-11329____ 4 12595-12721______. 14 11331-11426______7 12723-12789______15

FEDERAL REGISTER, V O L 38, N O . 93— TUESDAY, M A Y 15, 1973

TUESDAY, MAY 15, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 93

PART II

ENVIRONMENTAL PROTECTION AGENCY

RESEARCH AND DEMONSTRATION GRANTS

Interim Regulations 12784 RULES AND REGULATIONS

Title 40— Protection of Environment Sec. (2) Section 104(h) (33 U.S.C. 1254 40.115- 7 Resource recovery system. (h) ) authorizes grants for research and CHAPTER I— ENVIRONMENTAL 40.115- 8 Solid waste. development of new and improved meth­ PROTECTION AGENCY 40.115- 9 Solid waste disposal. ods for the prevention, removal, reduc­ SUBCHAPTER B— GRANTS 40.115- 10 State. 40.120 Determination of EPA research tion, and elimination of pollution in PART 40— RESEARCH AND objectives. lakes, including the undesirable effects of DEMONSTRATION GRANTS 40.120- 1 Environmental research need. nutrients and vegetation, and for con­ 40.120- 2 Need statements. struction of publicly owned research fa­ Interim Regulations 40.120- 3 Publication of research objec­ cilities for such purpose. Interim regulations are hereby pro­ tives. (3) Section 104(i) (33 U.S.C. 1254Ü) ) mulgated to publish a new codification 40.125 Grant limitations. 40.125- 1 Limitations on duration. authorizes grants for research, studies, (40 CFR pt. 40) for Environmental Pro­ 40.125- 2 Limitations on assistance. experiments, and demonstrations relative tection Agency research and demonstra­ 40.130 EligibUity. to the removal of oil from any waters and tion grant regulations which supplement 40.135 Application. for the prevention, control, and elimina­ the general grant regulations (40 CFR pt. 40.135- 1 Preapplication coordination. tion of oil and hazardous substances 30). Publication of these regulations is a 40.135- 2 Application requirements. pollution. continuation of an effort to coordinate 40.140 Criteria for award. (4) Section 104(r) (33 U.S.C. 1254(r)) and conform grant award and adminis­ 40.140- 1 All applications. authorizes grants for the conduct of basic 40.140- 2 Solid Waste Disposal Act. tration policies, procedures, and terms 40.140- 3 Federal Water Pollution Control research into the structure and function for the various EPA grant programs, to Act. of freshwater aquatic ecosystems, and improve administration of these grant 40.145 Supplemental grant conditions. to improve understanding of the ecologi­ programs and to furnish applicants, 40.145- 1 Solid Waste Disposal Act. cal characteristics necessary to the grantees, and the public with a more ex­ 40.145- 2 Federal Water Pollution Control maintenance of the chemical, physical, plicit statement of grant award and ad­ ‘ Act. and biological integrity of freshwater ministration requirements. 40.145- 3 Projects involving construction. 40.150 Evaluation of applications. aquatic ecosystems. All EPA research and demonstration 40.155 Confidential data. (5) Section 104(s) (33 U.S.C. (s)) grants, including continuation grants, 40.160 Reports. authorizes grants to conduct and report awarded after the effective date of part 40.160- 1 Progress reports. on interdisciplinary studies on river sys­ 40 shall be subject to the EPA general 40.160- 2 Report of project expenditures. tems, including hydrology, biology, ecol­ grant regulations (40 CFR pt. 30) and to 40.160- 3 Reporting of inventions. ogy, economics, the relationship between the supplemental grant regulations pub­ 40.160- 4 Equipment report. river uses and land uses, and the effects lished herewith (40 CFR pt. 40). For the 40.160- 5 Final report. of development within river basins on most part, these regulations constitute a 40.165 Continuation grants. river systems and on the value of water more explicit statement of prior regula­ § 40.100 Purpose of regulation. resources and water-related activités. tions or of previously uncodified policies, These provisions establish and codify (6) Section 105(a) (33 U.S.C. 1255(a)) procedures, and terms of the respective policies and procedures governing the authorizes grants for research and dem­ grant programs. Most changes are at­ award of research and demonstration onstration of new or improved methods tributable to the effect to coordinate and grants by the Environmental Protection for preventing, reducing, and eliminat­ conform EPA grant policies and proce­ ing the discharge into any waters of pol­ dures. The requirement that applicants Agency. lutants from sewers which carry storm submit applications in an original and 14 § 40.105 Applicability and scope. water or both storm water and pollu­ copies was incorporated to expedite proc­ This part establishes mandatory poli­ tants; and for the demonstration of essing by eliminating the time required cies and procedures for all EPA research advanced waste treatment and water for repro duction. and demonstration grants. The provi­ purification methods (including the tem­ Interested parties and government sions of this part supplement the EPA porary use of new or improved chemical agencies are encouraged to submit writ­ general grant regulations and procedures additives which provide substantial im­ ten comments, views, or data concern­ (40 CFR pt. 30). Accordingly, all EPA mediate improvement to existing treat­ ing the regulations promulgated hereby research and demonstration grants are ment processes), or new or improved to the Director, Grants Administration awarded subject to the EPA interim gen­ methods of joint treatment systems for Division, Environmental Protection eral grant regulations and procedures (40 municipal and industrial wastes. Agency, Washington, D.C. 20460. All CFR pt. 30) and to the applicable provi­ (7) Section 105(b) (33 U.S.C. 1255(b)) such submissions received on or before sions of this part 40. authorizes grants for demonstrating, m June 29, 1973, will be considered prior to river basins or portions thereof, advanced the promulgation of final EPA general § 40.110 Authority. treatment and environmental enhance­ or supplemental grant regulations. Sug­ EPA research and demonstration ment techniques to control pollution gestions for changes to the regulations grants are authorized under the follow­ from all sources, within such basin or promulgated in this subchapter are so­ ing statutes: portions thereof, including nonpoint licited on a continuous basis pursuant to (a) The Clean Air Act, as amended, sources, together with in-stream water 40 CFR 30.106. 42 U.S.C. 1857 etseq. quality improvement techniques. Effective date.—The interim research (1) Section 103 (42 U.S.C. 1857b) au­ (8) Section 105(c) (33 U.S.C. 1255(c)) and demonstration grant regulations and thorizes grants for research and dem­ authorizes grants for research and dem­ procedures of this new part 40 promul­ onstration projects relating to the causes, onstration projects for prevention of gated hereby shall become effective June effects, extent, prevention, and control pollution of any waters by industry in­ 14,1973. of air pollution. cluding, but not limited to, the preven- Dated May 9,1973. (2) Section 104 (42 U.S.C. 1857b-l) authorizes grants for research and devel­ discharge of pollutants. R obert W. F ri, Acting Administrator, opment of new and improved methods (9) Section 105(e) (1) (33 U.S.C. 1255 Sec. for the prevention and control of air (e)(1)) authorizes grants for researcn 40.100 Purpose of regulation. pollution resulting from the combustion and demonstration projects with respect 40.105 Applicability and scope. of fuels. to new and improved methods of pyC' 40.110 Authority. (b) The Federal Water Pollution Con­ venting, reducing, and eliminating pollu­ 40.115 Definitions. trol Act, as amended, Public Law 92-500. tion from agriculture. 40.115-1 Construction. (1) Section 104(b) (33 U.S.C. 1254(b)) (10) Section 105(e) (2) (33 U.S.C. 1255 40.115-2 Intermunicipal agency. 40.115-3 Interstate agency. authorizes grants for research and dem­ (e) (2)) authorizes grants for demon­ 40.115-4 Municipality. onstration projects relating to the causes, stration projects with respect tonewana 40.115-5 Person. effects, extent, prevention, reduction, and improved methods of preventing, 40.115-6 Recovered resources. elimination of water pollution. ing, storing, collecting, treating, or other-

FEDERAL REGISTER, VOL. 38, NO. 93— TUESDAY, M A Y 15, 1973 RULES AND REGULATIONS 12785

wise eliminating pollution from sewage fications, procedures, and other action § 40.115—5 Person. in rural and other areas where collec­ necessary to the construction of a facil­ tion of sewage in conventional, commu­ ity, the erection, acquisition, alteration, Under the Federal Water Pollution nitywide sewage collection systems is im­ remodeling, improvement, or extension Control Act, an individual, corporation, practical, uneconomical, or otherwise in­ of a facility, and the inspection and partnership, association, State, munici­ feasible, or where soil conditions or other supervision of the construction of a pality, commission, or political subdivi­ factors preclude the use of septic tank facility. sion of a State, or any interstate body. and drainage field systems. § 40.115—6 Recovered resources. (11) Section 107 (33 U.S.C. 1257) au­ § 40.115—2 Intermunicipal agency. thorizes grants for projects to demon­ (a) Under the Clean Air Act, an agency Materials or energy recovered from strate comprehensive approaches to the of two or more municipalities located in solid wastes. elimination or control of acid or other the same State or in different States and §40.115—7 Resource recovery system. mine water pollution resulting from ac­ having substantial powers or duties per­ tive or abandoned mining operations and taining to the prevention and control of A solid waste management system other environmental pollution affecting air pollution. which provides for collection, separa­ water quality within all or part of a (b) Under the Solid Waste Disposal tion, recycling, and recovery of solid watershed or river basin, including silta- Act, an agency established by two or wastes, including disposal of nonrecov- tion from surface mining. more municipalities with responsibility erable waste residues. (12) Section 108 (33 U.S.C. 1258) au­ for planning or administration of solid § 40.115—8 Solid waste. thorizes grants for projects to demon­ waste disposal. strate new methods and techniques, and (c) In all other cases, an agency of two Garbage, refuse, and other discarded to develop preliminary plans for the or more municipalities having substan­ solid materials, including solid waste elimination or control of pollution within tial powers dr duties pertaining to the materials resulting from industrial, com­ all or any part of the watersheds of the control of pollution. mercial, and agricultural operations, and from community activities, but does not Great Lakes. §40.115—3 Interstate agency. (13) Section 113 (33 U.S.C. 1263) au­ include solids or dissolved material in thorizes grants for projects to dem­ (a) Under the Clean Air Act, an agency domestic sewage or other significant pol­ onstrate methods to provide for central established by two or more States, or by lutants in water resources, such as silt, community facilities for safe water and two or more municipalities located in dif­ dissolved or suspended solids in indus­ elimination or control of pollution in ferent States, having substantial powers trial wastewater effluents, dissolved ma­ those native villages of Alaska without or duties pertaining to the prevention terials in irrigation return flows, or other such facilities. and control of air pollution. common water pollutants. (b) Under the Federal Water Pollution (c) The Public Health Service Act, as §40.115—9 Solid waste disposal. amended, 42 U.S.C. 241 et seq. Control Act, an agency of two or more (1) Section 301 (42 U.S.C. 241, 242b,States established by or pursuant to an The collection, storage, treatment, and 246) authorizes grants for research agreement or compact approved by the utilization, processing, or final disposal relating to the human and environmental Congress or any other agency of two or of solid waste. more States, having substantial powers effects of radiation. § 40.115-10 State. (d) The Solid Waste Disposal Act, as or duties pertaining to the control of pol­ amended, 42 U.S.C. 3251 et seq. lution of waters. (a) Under the Federal Water Pollu­ (1) Section 204 (42 U.S.C. 3253) au­ (c) Under the Solid Waste Disposal tion Control Act, a State, the District thorizes grants for research and dem­ Act, an agency of two or more munici­ of Columbia, the Commonwealth of onstration projects relating to new and palities in different States, or an agency Puerto Rico, the Virgin Islands, Guam, improved methods of solid waste man­ established by two or more States, with American Samoa, and the Trust Terri­ agement. authority to provide for the disposal of tory of the Pacific Islands. (2) Section 205 (42 U.S.C. 3253a) au­ solid wastes and serving two or more mu­ (b) In all other cases, a State, the thorizes grants for research and demon­ nicipalities located in different States. District of Columbia, the Commonwealth stration projects relating to the recovery (d) In all other cases, an agency of of Puerto Rico, the Virgin Islands, Guam of materials and energy from solid waste. two or more States having substantial and American Samoa. (3) Section 208 (42 U.S.C. 3254b) au­ powers or duties pertaining to the con­ thorizes grants for the demonstration of trol of pollution. § 40.120 Determination o f EPA research objectives. • resource recovery systems. § 40.115—4 Municipality. (e) The Federal Insecticide, Fungicide, To promote the most efficient utiliza­ and Rodenticide Act, as amended, Public (a) Under the Federal Water Pollution tion of available resources in the solution Law 92-516. Control Act a city, town, borough, county, of national environmental problems, (1) Section 20 authorizes grants for parish, district, association, or other EPA has established a detailed planning research in the pesticides areas with pri­ public body created by or pursuant to system for the identification of research ority givrai to the development of bio­ State law, or an Indian tribe or an au­ needs and priorities, definition of spe­ logically integrated alternatives for pest thorized Indian tribal organization, with cific research objectives which will control. jurisdiction over disposal of sewage, in­ satisfy high priority needs, development dustrial wastes, or other wastes; or a des­ of detailed plans to accomplish defined (f) The Grant Act, 42 U.S.C. 1891 < ignated and approved management seq., authorizes grants for basic scier objectives, and selection of objectives tine research. agency under section 208 of the act. and their accompanying accomplish­ (b) Under the Solid Waste Disposal ment plans for implementation. Accom­ § 40.115 Definitions. Act, a city, town, borough, comity, par­ plishment plans are based upon the most As used herein, the following words ish, district, or other public body created effective funding mechanism available * sllall have the meaning set by or pursuant to State law, or an Indian for meeting the defined objective. Fund­ forth below: tribe, with responsibility for the planning ing mechanisms include grants, con­ or administration of solid waste disposal. tracts, in-house projects and transfer of § 40.115—1 Construction. (c) In all other cases, a city, town, funds to other agencies. EPA grant , include the preliminary planr borough, county, parish, district, or other awards are based upon the projected ^ie economic and engim public body created by or pursuant to grant activities developed from this plan­ g feasibility of a facility, the engim State law, or an Indian tribe or an au­ ning process. Research objectives and g, architectural, legal, fiscal, and i thorized Indian tribal organization, hav­ priorities are revised as needs change, mic investigations and studies, surv ing substantial powers or duties pertain­ but are comprehensively reviewed and !gns, plans, working drawings, sp ing to the control of pollution. revised annually.

FEDERAL REGISTER, VOL. 38, NO . 93— TUESDAY, M A Y 15, 1973 12786 RULES AND REGULATIONS

§ 40.120—1 Environmental research (b) Clean Air Act.—(1) Section 104— (5) Sections 105(a), 105(e)(2), and need. no grant may exceed $1,500,000. 107—State, municipal, interstate, and An integral part of this research plan­ (c) Solid Waste Disposal Act.—(1) No intermunicipal agencies. ning process is a formal system for iden­ grant may exceed 75 percent of the al­ (6) Section 195(b) —State or States or tifying environmental research needs lowable actual project costs for demon­ interstate agency. and priorities. An environmental re­ stration grants. (7) Sections 105(c) and 105(e)(1)— search need is an environmental prob­ (2) No more than 15 percent of the persons. lem which cannot be solved satisfac­ total fimds authorized to be appropriated (8) Section 108—State, political sub­ torily with existing technology or in any fiscal year to carry out the pur­ division, interstate agency, or other pub­ scientific knowledge and which requires poses of section 208 shall be granted un­ lic agency, or combination thereof. a research or development effort to reach der this section for projects in any one (9) Section 113—only to the State of an effective solution. Federal, State, and State. Grants to interstate agencies will Alaska. local governmental agencies are encour­ be considered to be to the States involved (e) The Public Health Service Act, as aged to participate in the identification in proportion to the amounts of non- amended—only to nonprofit agencies, in­ of environmental research needs. Federal funds expended for the project stitutions, organizations, and to individ­ by the participating States or by the par­ uals. § 40.120—2 Need statements. ticipating municipalities located in the § 40.135 Application. The environmental research need respective States. statement is the formal mechanism by (3) No more than 70 percent of the § 40.135—1 Preapplication coordination. which research needs are expressed and funds available for award in any fiscal (a) All applicants.—(1) Applicants for transmitted to EPA. The need statement year under section 208 shall be awarded research and demonstration grants are is submitted as a way of identifying prob­ for projects dealing with solid waste encouraged to contact EPA for further lems requiring a research solution rather problems in the standard metropolitan information and assistance prior to sub­ than as a proposal for solving an envi­ statistical areas. The remaining 30 per­ mitting a formal application. The EPA ronmental problem or an application for cent shall be reserved for projects dealing regional office or the National Environ­ grant or contract assistance. The state­ with such problems in rural areas. Not­ mental Research Center nearest the ap­ ment must define the specific problem to withstanding this allocation, if an in­ plicant will be able to provide such as­ be solved, its extent and importance, the sufficient number of acceptable applica­ sistance or to refer the applicant to an form of the solution needed, how and by tions are received for projects designed appropriate EPA representative. whom the solution will be used, and the to assist in solving the solid waste prob­ (2) Applicants shall prepare an envi­ consequences of deferring solution to the lems of rural areas the 70-percent figure ronmental assessment of the proposed problem. Participation in this evaluation may be exceeded. project where applicable, outlining the and planning process may be accom­ (4) No grant under section 208 for the anticipated impact on the environment plished by the submission of need state­ demonstration of a resource recovery sys­ pursuant to 40 CFR part 6. ments through EPA Assistant or Re­ tem shall be made for operation and (b) Demonstration grants.—(1) All gional Administrators or directly to the maintenance costs beyond the first year applicants for demonstration grants, Office of Research and Monitoring. of operation of the system. The year will except Indian tribes and authorized In­ not begin until the constructed facility dian tribal organizations, must notify § 40.120—3 Publication of research ob­ is deemed by the grants officer to be fully the planning and development clearing­ jectives. operational. houses of the State (or States) and re­ Each year EPA will publish the results gion (if one exists) or metropolitan area of the research planning process identi­ § 40.130 Eligibility. in which the project is to be located of fying the research objectives to be pur­ Except as otherwise provided below, their intention to apply for Federal as­ sued by the Agency and the approximate grants for research and demonstration sistance. Applicants should contact the amount of funds available for grant and projects may be awarded to any responsi­ appropriate clearinghouse (s) for infor­ contract assistance. This publication is ble applicant in accordance with 40 CFR mation and assistance concerning noti­ called “EXPRO” (Extramural Program 30.304: , fication procedures. Information) and may be obtained from (a) The Clean Air Act, as amended— (2) All comments and recommenda­ the Environmental Protection Agency, public or nonprofit private agéncies, in­ tions concerning the applications that Office of Research and Monitoring, or the stitutions, organizations, and to individ­ are made by or through the clearing­ Grants Administration Division, Wash­ uals. houses, and a statement that such com­ ington, D.C.20460. (b) The Solid Waste Disposal Act, as ments have been considered by the ap­ amended. plicant, must be submitted with the ap­ § 40.12S Grant limitations. (1) Sections 204 and 205—public or plication to EPA. If the requirements of § 40.125—1 Limitations on duration. nonprofit private agencies, institutions, OMB Circular A-95 are followed and (to) No research or demonstration organizations, and to individuals. no comments or recommendations are grant shall be approved for a project pe­ (2) Section 208—only to State, muni­ received, a statement to that effect must riod in excess of 2 years except demon­ cipal, interstate, and intermunicipal be included With the application. stration grants involving construction. agencies. § 40.135—2 Application requirements. (a) No research or demonstration (c) The Federal Insecticide, Fungi­ grant shal be approved for a project pe­ cide, and Rodenticide Act, as amended— All applications for research and dem­ riod in excess of 5 years except in cases other Federal agencies, universities, or onstration grants shall be submitted in where extensions of time without addi­ others as may be necessary to carry out an original and 14 copies to the Envi­ tional funds are appropriate. the purposes of the act. ronmental Protection Agency, Grants (d) The Federal Water Pollution Con­ Administration Division, Washington, § 40.125—2 Limitations on assistance. trol Act, às amended : D.C. 20460, in accordance w ith 40 CFR In addition to the cost-sharing re­ (1) Section 104(b)—State water pol­ 30.301 through 30.301-4. quirements pursuant to 40 CFR 30.207, lution control agencies, interstate (a) Applications involving human sub­ research and demonstration grants shall agencies, other public or nonprofit pri­ jects.—(1) Safeguarding the rights and be governed by the specific assistance vate agencies, institutions, organizations, welfare of human subjects involved in limitations listed below: and to individuals. projects supported by EPA grants is the (a) Federal Water Pollution Control (2) Sections 104(h) and 104 (i)—pub­ responsibility of the institution which Act.—(1) Section 104(s)—no grant in lic or private agencies and organizations receives or is accountable to EPA for any fiscal year may exceed $1 million. and to individuals. the funds awarded for the support of the (3) Section 104(r)—colleges and uni­ project. (2) Sections 105(a), 105(c) and 108—versities. (2) Institutions must submit to EPA, no grant may exceed 75 percent of the (4) Section 104(s)—institutions of for review,, approval, and official accept­ allowable actual project costs. higher education. ance, a written assurance of its com-

FEDERAL REGISTER, V O L 38, NO . 93— TUESDAY, M A Y 15, 1973 RULES AN D REGULATIONS 12787 pliance with guidelines established by (d) The seriousness, extent, and ur­ (8) Whether it will provide for sub­ Department of Health, Education, and gency of the environmental problems stantial recovery of materials or energy Welfare concerning protection of human toward which the project is directed ; or both from solid waste entering the subjects. However, institutions which (e) The anticipated public benefits to system on an areawide basis; have submitted and have had accepted, be derived from the project in relation to (9) The extent to which it does not general assurance to DHEW under these the costs of the project; duplicate a resource recovery system that guidelines will be considered as being in (f ) The competency of the applicant’s has already been developed and is op­ compliance with this requirement. These staff and the adequacy of the applicant’s erating in an effective manner in the guidelines are provided in DHEW Pub­ facilities and available resources ; area. lication No. (NTH) 72-102, the “Institu­ (g) The degree to which the project tional Guide to DHEW Policy on Pro­ can be expected to produce results that § 40.140—3 Federal Water Pollution tection of Human Subjects.” Copies of will have general application to pollution Control Act. this publication are available from the control problems nationwide; (1) All applications for grants under Superintendent of Documents, U. S. Gov­ (h) Whether the project is consistent section 105(c) must provide evidence ernment Printing Office, Washington, with existing plans or ongoing planning that the proposed project will contribute D.C. 20420. for the project area at the State, re­ to the development or demonstration of (3) Applicants must provide with eachgional, and local levels ; a new or improved method of treating proposal involving human subjects a cer­ (i) The existence and extent of local industrial wastes or otherwise prevent­ tification that it has been or will be re­ public support for the project; ing pollution by industry, which method viewed in accordance with the institu­ (j) Whether the proposed project is shall have industrywide application; tion’s assurance. This certification must environmentally sound; (2) All applications for grants under be renewed annually on the basis of con­ (k) Proposed cost sharing. section 113 must include provisions for tinuing review of the supported project. § 40.140—2 Solid Waste Disposal Act. community safe water supply systems, (b) Applications involving laboratory toilets, bathing and laundry facilities, animals.—Each application for a project In addition, consideration will be given sewage disposal facilities and programs involving the use of warmblooded ani­ to the following criteria: relating to health and hygiene. Such mals shall include a written assurance (a) All applications.—(1) Whether the projects must also be for the further that the applicant has registered with project will demonstrate and implement purpose of developing preliminary plans the Department of Agriculture and is positive improvements in solid waste for providing such safe water and such in compliance with the rules, regula­ management; elimination or control of water pollution tions, and standards enunciated in the (2) The extent to which the project for all native villages in the State of Animal Welfare Act, Public Law 89-544, emphasizes innovative financial and in­ Alaska. as amended. stitutional arrangements for creation of (c) Notice of research project (NRP).— a self-financed solid waste management § 40.145 Supplemental grant conditions. Each application for research must in­ system; In addition to the EPA general grant clude a summary (NRP) of proposed (3) The extent to which the use of conditions (app. A to subch. B of 40 work (200 words or less) incorporating Federal fluids for capital expenditures is CFR and 40 CFR, pt. 3O', subpt. C), all objectives, approach and current plans limited; grants are awarded subject to the fol­ (4) The level of progress of the State lowing requirements: and/or progress. Upon approval of an solid waste management plan applicable application, summaries are forwarded to to the applicant (e.g., progressing satis­ (a) The project will be conducted in the Smithsonian Science Information factorily, completed and accepted by an environmentally sound manner. Exchange. Summaries of work in prog­ EPA, adopted by the State) ; (b) In addition to the notification of ress are exchanged with government and (5) Whether the project can be com­ project changes required pursuant to 40 private agencies supporting research and pleted in a shorter time span than simi­ CFR 30.900-1, prior written approval by are forwarded to investigators who re­ lar proposed projects. the grants officer is required for project quest such information. (b) Applications for grants under sec­ changes which may (1) alter the ap­ • (d) Federal Water Pollution Control tion 208.—(1) Whether the application proved scope of the project, (2) substan­ Act.—(l) All applications for grants includes provision for the equitable dis­ tially alter the design of the project, or under section 105(a) must have been ap­ tribution among users of all costs and (3) increase the amount of Federal funds proved by the appropriate State water revenues associated with the design, con­ needed to complete the project. No ap­ pollution control agency or agencies. struction, operation, and maintenance of proval or disapproval of a project change (2) All applications for grants under the proposed project; pursuant to 40 CFR 30.900 or this sec­ section 107, where the proposed project (2) The financial participation and tion shall commit or obligate the United will be located in the Appalachian region, support of each participating unit of States to an increase in the amount of shall have been coordinated with the Ap­ government; the grant or payments thereunder, but palachian Regional Commission for de­ (3) The soundness of the overall tech­ shall not preclude submission or consid­ termination that such demonstration nical design and the system’s component eration of a request for a grant amend­ project is consistent with the objectives unit process; ment pursuant to 40 CFR 30.901. of the Appalachian Regional Develop­ (4) The economic viability of the sys­ §40.145—1 Solid Waste Disposal Act. ment Act of 1965, as amended. tem including analyses of available Research and demonstration grants § 40.140 Criteria for award. markets and purchase commitments for salable commodities; under the Solid Waste Disposal Act are In determining the desirability and ex- (5) The experience andx expertise of awarded subject to the, following condi­ funding for a project and the the operational and management per­ tions. relative merit of an application, consid- sonnel; (a) Open burning of solid waste at all terisr ^ given to the following cri- (6) Whether it is consistent with any disposal sites within the jurisdiction (or guidelines for solid waste recovery col­ jurisdictions) for which the applicant § 40.140—1 All applications. lection, separation, and disposal systems has authority for solid waste manage­ which the Administrator may publish ment, will be eliminated within 30 cal­ (a) The relevancy of the proposed pursuant to section 298 of the Solid endar days of the grant award; Project to the objectives of the EPA re­ (b) Open dumping (whether on land search and demonstration program; Waste Disposal Act; (7) Whether it is consistent with a or in water) and open burning of solid EPa* *^ie availaloility of funds within plan which meets the requirements for waste are prohibited by a regulation, solid waste management planning set ordinance, statute, or other legal author­

FEDERAL REGISTER, VOL. 38, N O . 93— TUESDAY, M A Y 15, 1973 12788 RULES AND REGULATIONS that action taken under the provisions of age-of-cost method of contracting shall forth in § 40.140. Only applications con­ the grant will eliminate such practices. not be used. Adequate methods of adver­ sidered relevant to EPA research and tising for and obtaining competitive demonstration objectives will receive fur­ § 40.145—2 Federal Water Pollution sealed bids will be employed prior to ther consideration and be subjected to Control Act. award of the construction contract. The additional review. Relevancy will be (a) No person in the United States award of the contract will be made to measured by program needs and priori­ shall on the ground of sex be excluded the responsible bidder submitting the ties as defined in the Agency’s current from participation in, be denied the bene­ lowest responsive bid, which shall be de­ planned objectives. Relevancy, coupled fits of, or be subjected to discrimination termined without regard to State or local with the results of technical review, will under any program or activity receiving law whereby preference is given on fac­ provide the basis for funding recommen­ assistance under the Act. tors other than the specification require­ dations. (b) Grants under section 107 are ments and the amount of bid. The (a) New applications.—Applications awarded subject to the conditions—(1) grantee must promptly transmit to the considered relevant to EPA research and that the State shall acquire any land or grants officer copies of bid protests, de­ demonstration objectives will be reviewed interests therein necessary for such proj­ cisions on such protests, and related for technical merit by at least one re­ ect to assure the elimination or control correspondence. The grants officer will viewer within EPA and at least two re­ of acid or other mine water pollution; cause appropriate review of grantee viewers outside EPA. Review by a Na­ and (2) that the State shall provide legal procurement methods to be made. tional Advisory Council is statutorily re­ and practical protection to the project (f ) On construction contracts exceed­ quired for radiation grants. area to insure against any activités which ing $100,000, each bidder must furnish a (b) Continuation applications.—Con- will cause future acid or other mine water bid guarantee equivalent to 5 percent of tinuation applications will be reviewed pollution. the bid price. In addition, the contractor by appropriate EPA staff only. Recom­ § 40.145—3 Projects involving construc­ awarded the contract must furnish per­ mendations for continuation of funding tion. formance and payment bonds, each of will be based on progress toward the ac­ which shall be in an amount not less than Research and demonstration grants complishment of the goals set forth for 100 percent of the contract price. Con­ the project and continued Agency needs for projects involving construction shall struction contracts less than $100,000 and priorities. be subject to the following conditions: shall follow the State or local require­ (a) The applicant will demonstrate to ments relating to bid guarantees, per­ § 40.155 Confidential data. the satisfaction of the grants officer that formance bonds,'and payment bonds. (a) Applicants submitting proposals he has or will have a fee simple or such (g) The construction of the projectr containing confidential data should other estate or interest in the site of the including the letting of contracts in con­ clearly indicate their desire for confiden­ project, and rights of access, as the nection therewith, shall conform to the tial treatment of such data by EPA. Con­ grants officer finds sufficient to assure un­ applicable requirements of State, terri­ fidential treatment will be rendered by disturbed use and possession for the pur­ torial, and local laws and ordinances to EPA to the extent permissible under the pose of construction and operation for the extent that such requirements do not Freedom of Information Act (5 U.S.C. the estimated life of the project; and in conflict with Federal laws. 552) and EPA regulations promulgated the case of projects serving more than pursuant thereto (40 CFR pt. 2). one municipality, that the participating (h) The grantee will provide and communities have such interests or rights maintain competent and adequate en­ (b) Each application containing data as the grants officer finds sufficient to gineering supervision and inspection for which the applicant desires to be held assure their undisturbed utilization of the project to insure that the construc­ confidential and used by EPA for evalua­ the project for the estimated life of the tion conforms with the approved plans tion purposes only, shall be marked on project. and specifications. the cover sheet with the following legend: (b) Invitations for bids or requests for (i) Any construction contract must Data contained in pages___ through — - proposals shall be based upon a clear and provide that representatives of the En­ of this application shall not be used or dis­ vironmental Protection Agency and the closed, except for evaluation purposes, un­ accurate description of the technical re­ State, as appropriate, will have access to less such data is obtained from another quirements for the material, product, or the work whenever it is in preparation or source without restriction. If, however, a service to be procured. Such description progress and that the contractor will grant or contract is awarded as a result of or shall not, in competitive procurements, provide proper facilities for such access in connection with this application, the gov­ contain features which unduly restrict ernment shall have the unlimited right to competition. “Brand name or equal” de­ and inspection. The contract must also duplicate, use or disclose such data for any scription may be used as a means to provide that the grants officer, the Comp­ purpose, unless otherwise provided in such troller General of the United States, or grant or contract. Such data may be subject define the performance or other salient any authorized representative shall have to disclosure pursuant to the Freedom of In­ requirements of a procurement, and access to any books, documents, papers, formation Act (5 U.S.C. 552), and EPA regu­ when so used the specific features of the and records of the contractor which are lations promulgated pursuant thereto (40 named brand which must be met by CFRp. 2). offerors should be clearly specified. pertinent to the project for the purpose (c) Positive efforts shall be made by of making audit, examination, excerpts, (c) All information and data contained the grantees to utilize small business and and transcriptions thereof. in the grant application will be subject minority-owned business sources of sup­ (j) The grantee agrees to construct to external review unless deviation is ap­ plies and services. the project or cause it to be constructed proved for good cause pursuant to 40 in accordance with the application, plans CFR 30.1001. (d) Subagreements for construction and specifications, and subagreements work may be negotiated when advertis­ § 40.160 Reports. ing for competitive bids is not feasible; approved by EPA in the grant agreement however, the grantee must adequately or amendments. § 40.160—1 Progress reports. demonstrate its need to contract with a (k) In addition to the notification of The grant agreement will normally re­ single or sole source. All such subagree­ project changes pursuant to 40 CFR quire tiie submission of a brief progress ments are subject to prior approval by '• 30.900-1, a copy of any construction con­ report after the end of each quarter of the grants officer. tract or modifications thereof, and of re­ the budget period. A monthly progress visions to plans and specifications must report may be required for some demon­ (e) Construction work will be per­ be submitted to the grants officer. formed by the fixed-price (lump sum) stration projects, if set forth in the grant or fixed-rate (unit price) method, or a § 40.150 Evaluation of applications. agreement. Progress reports should fully combination of these two methods, un­ Every application for a research or describe in chart or narrative format the less the grants officer gives advance writ­ demonstration grant will be evaluated by progress achieved in relation to the ap- ten approval to use some other method appropriate EPA staff in terms of rele­ poved schedule and project milestones. of contracting. The cost-plus-a-percent- vancy and the applicable criteria set Special problems or delays encountered

FEDERAL REGISTER, V O L 38, NO . 93— TUESDAY, M A Y 15, 1973 RULES AND REGULATIONS 12789 must be explained. A summary progress (c) When a principal investigatortion of the technical effectiveness and report covering all work on the project changes institutions or ceases to direct economic feasibility of the methods or to date is required to be included with a project, an invention statement must techniques investigated or demonstrated. applications for continuation grants be promptly submitted with a listing of The final report shall include EPA com­ (see § 40.165b). This report may be sub­ all inventions during his administration ment when required by the grants officer. mitted one quarter prior to the end of the grant. Prior to the end of the project period, one of the budget period. § 40.160-4 Equipment report. reproducible copy suitable for printing and such other copies as may be stipu­ § 40.160-2 Report of project expendi­ At the completion or termination of a tures. lated in the grant agreement shall be project, the grantee will submit a listing transmitted to the grants officer. A written expenditures report for each of all items of equipment acquired with budget period must be submitted to the grant funds with an acquisition cost of § 40.165 Continuation grants. grants officer within 90 days after the $300 or more and having a useful life To be eligible for a continuation grant end of each budget period within the of more than 1 year. within the approved project period, the project period and within 90 days after grantee must: completion of the project. § 40.160—5 Final report. (a) Have demonstrated satisfactory The grantee shall submit a draft of the performance during all previous budget § 40.160—3 Reporting of inventions. final report for review no later than 90 periods; and days prior to the end of the approved As provided in appendix B of this sub­ (b) Submit no later than 90 days prior chapter, immediate and full reporting of project period. The report shall docu­ to the end of the budget period a con­ ment project activities over the entire tinuation application which includes a all inventions to the Environmental Pro­ period of grant support and shall de­ tection Agency is required. In addition: detailed summary progress report, an es­ scribe the grantee’s achievements with timated financial statement for the cur­ (a) An annual invention statement respect to stated project purposes and rent budget period, a budget for the new is required with each continuation objectives. The report shall set forth in budget period; and an updated work plan application. complete detail all technical aspects of revised to account for actual progress (b) A final invention report is re­ the projects, both negative and positive, accomplished during the current budget quired within 90 days after completion grantee’s findings, conclusions, and re­ period. of the project period. sults, including, as applicable, an evalua­ [PR Doc.73-05jfe Piled 5-14-73; 8:45 am]

FEDERAL REGISTER, VOL. 38, N O . 93— TUESDAY, M A Y 15, 1973

Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of April 1, 1973)

Title 20—Employees’Benefits (Parts 01-399)------$2.25 Title 26—Internal Revenue (Parts 30-39)------3.00 Title 27—Alcohol, Tobacco Products and Firearms— ------1. 25

[A Cumulative checklist of CFR issuances for 1973 appears in the first issue of the Federal Register each month under Title 1]

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