MONDAY, APRIL 16, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 72

Pages 9421-9475

PART I

(Part II begins on page 9471)

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. HAZARDOUS TOYS— Proposed FDA identification re- quirements; comments by 6-15—73...... 9436 HEAD START— HEW adopts program fee schedule for non­ poor families...... 9434 SOCIAL SECURITY— HEW rules on benefits for disabled widows and widowers and other matters; effective 4-16-73 ...... 9428 COMMUNITY ACTION PROGRAMS— OEO final grant processing instructions, comments by 4—25-73...... 9433 ENVIRONMENT— HEW proposal on assistance for educa­ tion projects; comments by 5-16-73...... 9437 VETERANS' EDUCATION— HEW proposes changes in payments to institutions; comments by 5—16—73...... 9472 SELECTIVE SERVICE SYSTEM— Proposed amendments to induction regulations; comments by 5-16-73...... 9444 BROKER-DEALERS— SEC proposes 1973 annual fees for nonmembers; com­ ments by 4-20-73...... 9443 CHILD POISON PREVENTION— FDA packaging standards for oral dosage prescription drugs; effective 4—16—74___ 9431 CHEESE FROM CANADA— 1973 FDA import license regu­ lations; effective 4-13-73______9427 MEETINGS— CLC: Health Industry Wage and Salary Committee, 4-19, 5-2, 5-17 and 5-30-73. . .______9467 DoD: Naval Postgraduate School, 5-3 and 5—4—73...... 9446 HEW: NIH, National Cancer Institute, 4—23—73...... 9451 President’s Cancer Panel, 4-18-73...... 9451 SBA: National Advisory Council, 5-17 and 5-18-73...... 9466 National Science Foundation: Advisory Panel for Re­ search Management Improvement, 4—26 and 4-27-73.. 9463 NASA: Ad Hoc Subcommittee for the Space Science and Applications Steering Committee for the Evaluation of Large Space Telescope Experiment Proposals, 4—23, 4-24 and 4-25-73...... 9462 Research and Technology Advisory Council, Com­ mittee on Research, 4-25 and 4—26-73...... 9462 State Dept.: Subcommittee on Code of Conduct for Liner Conferences, 4-25-73...... _ 9446 REMINDERS Note: There were no items published after October 1, 1972, that are eligible for inclusion in the list of Rules Going I nto Effect T oday.

Published daily, Monday through Friday (no publication on Saturdays, Sundays, or on official holidays), by the Office of the Federal Register, National Archives and Records Service, General O Administration, Washington, D.C. 20408, under the Federal Register Act (49 Stat. 500, as amended; ” J“- j •’ W Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I ). DistriD 1934 ¿ r is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C.

The F ederal Register provides a uniform system for making available to the public regulations and f by the Executive Branch of the Federal Government. These include Presidential proclamationsandExecutiveord Federal agency documents having general applicability and legal effect, documents required to be published by Ac Congress and other Federal agency documents of public interest.

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FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 Contents AGENCY FOR INTERNATIONAL DEFENSE DEPARTMENT FEDERAL POWER COMMISSION DEVELOPMENT See Navy Department. Notices Notices Certificates of public convenience Assistant Administrator, Bureau EAST-WEST TRADE BUREAU and necessity; order amending for Asia; rescission of delegation Notices orders and accepting gas rate of authority------9446 schedule ______9459 Slater, William G., and Apex Hearings, etc.: AGRICULTURAL STABILIZATION AND Electronics; order denying ex McCulloch Oil Corporation of CONSERVATION SERVICE port privileges------— 9449 T exas______9459 Proposed Rules ECONOMIC OPPORTUNITY OFFICE , Virginia Electric and Power Co_ 9460 Processor wheat marketing certif­ Rules and Regulations FOOD AND DRUG ADMINISTRATION icate; adjustment to interest Funding of community action pro­ r a te ------.------9436 Rules and Regulations grams; final regional grant Child protection packaging stand­ AGRICULTURE DEPARTMENT processing instructions------9433 ards for human prescription See also Agricultural Stabilization EDUCATION OFFICE drugs in oral dosage forms----- 9431 and Conservation Service; For­ Proposed Rules est Service. Proposed Rules Toys or other children’s articles; Rules and Regulations Environmental education; poli­ classification as banned haz- Section 22 import quotas; licens­ cies, procedures, and require­ . ardous substances------— 9436 ing — ;------9427 ments for obtaining Federal fi­ nancial assistance------9437 FOREST SERVICE AMERICAN REVOLUTION BICENTENNIAL Veterans’ cost-of-instruction pay­ Notices COMMISSION ments to institutions of higher Availability of final environmen­ Notices education ______9472 tal statements; Call for Achievement; adoption of Apache National Forest------9448 title ______9452 FEDERAL AVIATION ADMINISTRATION Herbicide control of sagebrush in Utah and Wyoming (2 ATOMIC ENERGY COMMISSION Rules and Regulations documents)______9448 Notices Federal airways, jet route and"re­ Northern States Power Co.; spe­ porting points; alteration------9428 HEALTH, EDUCATION, AND WELFARE cial prehearing conference------9453 Transition area; designation------9427 DEPARTMENT Power Authority of the State of See Child Development Office; Ed­ New York and Niagara Mohawk Proposed Rules ucation Office; Food and Drug Power Corp. ; order for prehear­ Airworthiness directives : Administration; National Insti­ ing conference------9452 Bell Model 206A and 206B heli­ tutes of Health; Social Security copters ------9441 Administration. CHILD DEVELOPMENT OFFICE British Aircraft Corp. Model HOUSING AND URBAN DEVELOPMENT Rules and Regulations BAC 1-11, 200 and 400 series DEPARTMENT Head Start Program; fees to be airplanes------9441 charged non-poor families— 9434 Control zone; alteration------9442 See Interstate Land Sales Regis­ Transition areas; designation and tration Office. CIVIL AERONAUTICS BOARD alterations (4 documents) — 9442, 9443 INTERIOR DEPARTMENT Notices FEDERAL COMMUNICATIONS See also Land Management Bu­ Hearings, etc. COMMISSION reau; Reclamation Bureau. Delta Air Lines, Inc------9453 Pan American World Airways, Notices Notices Inc., and Allegheny Airlines, Common carrier services infor­ Availability of environmental im­ Inc ______9453 mation; domestic public radio pact statements: services applications accepted Grant-Kohrs National Historic CIVIL SERVICE COMMISSION for filing------9454 Site, Mont______9447 Great Sand Dunes National Rules and Regulations FEDERAL MARITIME COMMISSION Monument, Colo------9447 Excepted service; Department of Fossil Butte National Monu­ Transportation ------— 9427 Notices ment, Wyo______9447 COMMERCE DEPARTMENT Agreements filed : Willow Creek Recreation Site, A/S Thor Dahl and Polynesian N. Mex______9447 See also East-West Trade Bureau. Line, Ltd------9457 World Heritage Convention.___ 9447 Board of Trustees of the Galves­ Notices ton Wharves and Lykes Bros. INTERIM COMPLIANCE PANEL (COAL Organizations and functions: Steamship Co., Inc------9457 MINE HEALTH AND SAFETY) Assistant Secretary for Eco­ Central Gulf Contramar Line, Notices nomic Affairs______9450 et al------9457 Freeman Coal Mining Co.; oppor­ National Bureau of Standards- 9450 Japan Lines, Ltd. (2 docu­ tunity for public hearing------9461 Social and Economic Statistics ments) ______9457, 9458 Administration (2 docu­ Transamerican Trailer Trans­ INTERNAL REVENUE SERVICE ments) ______9451 port Inc., et al—------9458 Notices Ü.S. Flag-Far East Discussion Assistant Commissioner (Stabili­ COST OF LIVING COUNCIL Agreement------«------9459 zation) et al.; delegation of au­ Notices Certificates of financial responsi­ thority ------9446 Health Industry Wage and Salary bility (oil pollution) ; certificates (Continued on next page) Committee; meeting------9467 revoked__— ------9456 9423

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 9424 CONTENTS

INTERSTATE COMMERCE COMMISSION NATIONAL SCIENCE FOUNDATION SELECTIVE SERVICE SYSTEM Notices Notices Proposed Rules Assignment of hearings------9467 Allocations of inductions; miscel­ Fourth section application for Advisory Panel for Research Man­ laneous amendments______9444 relief------9467 agement Improvement; meet­ Motor carrier board transfer pro­ ing ______9463 SMALL BUSINESS ADMINISTRATION ceedings ______- — ■------9467 Notices INTERSTATE LAND SALES REGISTRATION NAVY DEPARTMENT OFFICE Office of Advisory Councils; meet­ Notices ing ------9466 Notices Board of Advisors to the Superin­ Traders Investment Corp.; license Lake Forest Estates; proceedings tendent of the Naval Postgrad­ surrender ______9466 and opportunity for hearing----- 9451 uate School; meeting------9446 LAND MANAGEMENT BUREAU SOCIAL SECURITY ADMINISTRATION RECLAMATION BUREAU Notices Rules and Regulations Proposed Outer Continental Shelf Notices Federal old-age, survivors, and oil and gas lease sale offshore Garrison Diversion Unit, N. Dak.; disability insurance; payment of Eastern Texas; environmental hearing and availability of en­ benefits, etc.; miscellaneous impact statement; availability. 9447 vironmental statement______9448 amendments______9428 NATIONAL AERONAUTICS AND SPACE STATE DEPARTMENT ADMINISTRATION SECURITIES AND EXCHANGE Notices COMMISSION See also Agency for International Development. Meetings: Proposed Rules Ad Hoc Subcommittee of the Notices , Space Science and Applica­ Broker-dealers; annual fees for tions Steering Committee----- 9462 nonmembers for fiscal year Culturally significant objects; 1973 ______9443 temporary exhibition ‘ within Research and Technology Ad­ the U.S______9446 visory Council______9462 Notices NASA Wage Committee; estab­ Shipping Coordinating Commit­ lishment ----- 9462 Hearings, etc. : tee; Subcommittee on Code of Space Shuttle Main Engine Com­ Airborne Freight Corp. et al— 9463 Conduct for Liner Conferences; ponent and Subsystem Testing; Champion International Corp. m eeting______— 9446 availability of environmental and City Investing Co------9463 impact statement------9463 F-D Capital Fund______9464 TRANSPORTATION DEPARTMENT General Host Corp------9464 See Federal Aviation Administra­ NATIONAL CREDIT UNION Great Western United Corp. tion. ADMINISTRATION and Ethyl Corp------— 9464 Rules and Regulations Interstate Brands Corp. et al— 9465 TREASURY DEPARTMENT Orecraft, Inc------9465 Records preservation program; See Internal Revenue Service. storage service provided by Ad­ Photon, Inc______9465 ministration ------9427 Rapid-American Corp------9465 Reynolds (R. J.) Industries, VETERANS ADMINISTRATION NATIONAL INSTITUTES OF HEALTH Ind., and Northwest Indus­ Notices tries, Inc______- 9465 Notices 820-bed replacement hospital, Los Meetings: Southwestern Investment Co. et a l ______9466 Angeles, Calif.; availability of Information and Resources Seg- final environmental impact ment Advisory Committee— 9451 World Wide Realty and Invest­ President’s Cancer Panel------9451 ing Corp______9466 statement ------— 9466

-V

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 CONTENTS 9425 List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today’s issue. A cumulative list of parts affected, covering the current month to date, appears following the Notices section of each issue beginning with the second issue of the month. In the last issue of the month the cumulative list will appear at the end of the issue. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1973, and specifies how they are affected.

5 CFR 14 CFR 32 CFR 213______9427 71 (2 documents) ___ 9427,9428 P roposed R ules : 75______. ______9428 1631______...... 9444 7 CFR P roposed R ules: 6______9427 39 (2 documents)______9441 45 CFR P roposed R ules: 71 (5 documents)______9442, 9443 1067 ______9433 777______9436 17 CFR 1301______9434 P roposed R ules: 12 CFR P roposed R ules : 249______9443 183______9437 749______9427 189______... 9472 20 CFR 404______» . 9428 21 CFR m 295______9431 P roposed R ules: 191______9436

FEDERAL REGISTER, V O L 38, NO. 72— MONDAY, APRIL 16, 1973

9427 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 5— Administrative Personnel covered by this quota, which has already Title 12— Banks and Banking CHAPTER I— CIVIL SERVICE COMMISSION been established on the basis of im­ portations from Canada of such cheese CHAPTER VII— NATIONAL CREDIT UNION PART 213— EXCEPTED SERVICE having a purchase price under 47 cents ADMINISTRATION Department of Transportation per pound, will not be affected by this PART 749— RECORDS PRESERVATION PROGRAM Section 213.3394 is amended to show amendment. that one position of Staff Assistant to The subpart, section 22, import quotas, Storage Service Provided by the Executive Secretary to the Secretary of part 6, subtitle A of title 7, is further Administration is excepted under schedule C. amended by adding a new § 6.32 which On page 4779 of the February 22, 1973, Effective on April 16, 1973, § 213.3394 reads as follows: edition of the F ederal R egister, there (a) (38) is added as set out below. § 6.32 Special provisions. was published a proposed revision of § 213.3394 Department of Transporta­ (a) Eligibility for licenses for Canadian§ 749.4(b) of part 749 (12 CFR 749.4(b)). tion. “Other Cheese” quota—1973.—Notwith­ The purpose of the revision would be to inform participants in the National (a) Office of the Secretary. * * * standing any other provision of this part, licenses to import during calendar year Credit Union Administration Records (38) One Staff Assistant to the Execu­ Preservation Program to contact, di­ tive Secretary to the Secretary. 1973 from Canada cheese subject to the quota provided for in TSUS item 950.10D rectly, the National Credit Union Ad­ ***** shall be issued in accordance with this ministration storage facility in order to (5 U.S.C. secs. 3301, 3302, Executive Order paragraph, except to the extent historical obtain the necessary envelopes and labels 10577; 3 CFR 1954-58 Comp. p. 218.) eligibility has been established on the for their initial submission of records to U nited S tates Civil S erv­ basis of importations from Canada of be stored. ice Commission, such cheese having a purchase price un­ After reviewing all comments submit­ [seal] J ames C. S pry, der 47 cents per pound. Licenses shall be ted by interested persons and since none Executive Assistant issued hereunder to persons applying of these were adverse to the proposed to the Commissioners. therefor on the basis of records evidenc­ revision, the revision, as originally pro­ [PR Doc.73-7370 Piled 4-13-73; 8:45 am] ing the importation of cheese manufac­ posed is hereby adopted without change. tured in and imported directly from Effective date.—This revision is effec­ Canada during the calendar years 1970, tive May 10, 1973. Title 7— Agriculture 1971, or 1972. The quota will be allocated SUBTITLE A—OFFICE OF THE SECRETARY proportionately among such eligible ap­ H erman N ickerson, Jr., OF AGRICULTURE plicants; however, the share of any Administrator. [Arndt. 5] person shall not exceed the maximum April 9, 1973. quantity requested in his application. A PART 6— IMPORT QUOTAS AND FEES person, its subsidiaries and affiliates, § 749.4 Storage service provided by Subpart— Section 22 Import Quotas shall be considered as one applicant. Ap­ Administration. plications and qualifying records of im­ * * * * * Certain Canadian Cheeses portations must be received no later than (b) Credit unions shall use preprinted Import regulation 1, revision 5, as May 1, 1973, in the office of the Chief, envelopes or labels which are provided amended, is further amended to add a Import Branch, Foreign Agricultural by the storage facility each time records new paragraph to provide a special basis Service, USDA, Washington, D.C. 20250. are received for storage. Credit unions for the issuance of licenses for-the calen­ Applicants whose records of 1970-73 im­ desiring to use the storage facilities pro­ dar year 1973 for the importation from portations of cheese from Canada are al­ vided by the Administration should con­ Canada of certain cheese provided for ready on file with the Chief, Import tact the storage facility directly to obtain in item 950.10D of part 3 of the appen­ Branch, need not submit additional rec­ ords of qualifying importations. envelopes and labels for their initial sub­ dix to the “Tariff Schedules of the United mission of materials to be stored. States” (19 U.S.C. 1202), since on accept­ The foregoing amendment shall be able applications for this quota were re­ * * * * * ceived pursuant to the notice published effective April 13, 1973. Since the action [FR Doc.73-7251 Filed 4-13-73;8:45 am] in the F ederal R egister of August 8,1972 taken herewith involves foreign affairs (37 FR 15945) providing for the submis­ functions of the United States, this Title 14— Aeronautics and Space sion of records to establish historical amendment falls within the foreign af­ CHAPTER I— FEDERAL AVIATION ADMIN­ eligibility on the basis of imports from fairs exception to the notice and effective ISTRATION, DEPARTMENT OF TRANS­ Canada of such cheese having a purchase date provisions of 5 U.S.C. 553. price of 47 cents or more but less than PORTATION 62 cents per pound. The cheese covered (Sec. 3, 62 Stat. 1248, as amended, 7 U.S.C. [Airspace Docket No. 72-GL-81] by quota item 950.10D is generally 624; pt. 3 of the appendix to the “Tariff PART 71— DESIGNATION OF FEDERAL referred to as “other cheese” containing Schedules of the United States,” 19 U.S.C. AIRWAYS, AREA LOW ROUTES, CON­ over 0.5 percent by weight of butterfat. 1202.) TROLLED AIRSPACE, AND REPORTING At present this quota covers cheese hav­ Issued at Washington, D.C., this 12th POINTS ing a purchase price under 69 cents per day of April 1973. Designation of Transition Area pound. Persons or firms which imported cheese from Canada during calendar R ichard J. G oodman, On page 2987 of the F ederal R egister years 1970, 1971, or 1972, will be con­ Acting Administrator, dated January 31,1973, the Federal Avia­ sidered eligible applicants. The historical Foreign Agricultural Service. tion Administration published a notice of eligibility for licenses to import cheese [FR Doc.73-7414 Filed 4-13-73:9:42 am] proposed rulemaking which would amend

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 9428 RULES AND REGULATIONS § 71.181 of Part 71 of the Federal Avia­ lations are amended, effective on April views, or arguments with regard to the tion regulations so as to designate a 16.1973, as hereinafter set forth. proposed changes. The 30-day period has transition area at Mackinac Island, Section 71.105 (38 FR 305) is amended passed and no comments have been re­ Michigan. as follows: ceived. However, Public Laws 92-336 and Interested persons were given until In A-15, delete “Chandaler Lake, 92-603, enacted July 1,1972, and October March 2, 1973, to submit written com­ Alaska, RBN; 30 miles, 60 miles 95 MSL, 30,1972, respectively, amended the Social ments, suggestions or objections regard­ Sagwon, Alaska, RBN; Deadhorse, Security Act in a number of significant ing the proposed amendment. Alaska, RBN; ” and substitute “Chanda­ respects, including the following: (1) No objections have been received and lar Lake, Alaska, RBN; 30 miles 12 AGL, Benefit amounts were increased; (2) for the proposed amendment is hereby 60 miles 95 MSL, Put River, Alaska, purposes of the retirement test, a per­ adopted without change and is set forth RBN.” therefor. son may earn $175 times the number of below. Section 75.100 (38 FR 681) is amended months in a taxable year without loss of as follows: benefits, and excess earnings over the ex­ In § 71.181 (38 FR 435), the following In J-115, delete, “Chandalar, Alaska, empt amount will not cause a loss of transition area is added: RBN (CQR); Sagwon, Alaska, RBN; to benefits for a month on account of wages Mackinac I sland, Mic h . Deadhorse, Alaska, RBN,” and substitute earned in such month unless they That airspace extending upward from 700 “Chandalar, Alaska, RBN; to Put River, amount to over $175; (3) the amount of feet above the surface within a 5-mile radius Alaska, RBN.” therefor. earnings covered under the act is in­ of the Mackinac Island Airport (latitude In § 71.211 (38 FR 618) “Sagwon, creased to $10,800; and (4) a benefit 45°51'55'' N., longitude 84°38'20" W.). Alaska, RBN” and “Deadhorse, Alaska, may be paid to a widower if he has at­ This amendment shall be effective 0901 RBN” are deleted. “Put River, Alaska, tained age 60 (rather than age 62) even G.m.t., May 24, 1973. RBN” is added. though not under a disability. In § 71.213 (38 FR 620) “Sagwon, To conform to these amendments to (Sec. 307(a), Federal Aviation'Act of 1958, 49 U.S.C. 1348; sec. 6(c), Department of Alaska, RBN” and “Deadhorse, Alaska, the act some revisions have been made Transportation Act, 49 U.S.C. 1655(c).) RBN” are deleted. “Put River, Alaska, in the proposed amendments to the regu­ lations. In addition, proposed amend­ Issued in Des Plaines, 111., on March 23, RBN” is added. (Sec. 307(a), Federal Aviation Act of 1958, ments to §§ 404.416, 404.428, 404.432, 1973. 404.434, the introductory text to R. Ziegler, 49 U.S.C. 1348(a); sec. 6(c), Department of O. Transportation Act, 49 U.S.C. 1655(c).) § 404.436, the paragaphs preceding the Acting Director, examples in §§ 404.439 and 404.441, and Great Lakes Region, Issued in Washington, D.C., on April the proposed new § 404.431 are not being [FR Doc.73-7257 Filed 4-13-73:8:45 am] 10.1973. published at this time. They will be in­ H. B. Helstrom, Chief, Airspace and Air cluded with additional amendments to [Airspace Docket No. 73-WA-17] the regulations to reflect and implement Traffic Rules Division. the rules for determining excess earnings PART 71— DESIGNATION OF FEDERAL [FR Doc.73-7258 Filed 4-13-72:8:45 am] in a taxable year ending after 1972 for AIRWAYS, AREA LOW ROUTES, CON­ the purpose of applying the retirement TROLLED AIRSPACE, AND REPORTING Title 20— Employees’ Benefits POINTS test. CHAPTER III— SOCIAL SECURITY ADMIN­ Except for the above-noted changes, PART 75— ESTABLISHMENT OF JET ISTRATION, DEPARTMENT OF HEALTH, the amendments as proposed are ROUTES AND AREA HIGH ROUTES EDUCATION, AND WELFARE adopted. Alteration of Federal Airways, Jet Route [Regs. No. 4, further amended] (Secs. 205, 1102, 53 Stat. 1368, as amended, and Reporting Points 49 Stat. 647, as amended; 42 U.S.O. 405 and PART 404— FEDERAL OLD-AGE SURVI­ 1302.) The purpose of these amendments to VORS, AND DISABILITY INSURANCE parts 71 and 75 of the Federal Aviation Miscellaneous Amendments Effective date.—The amendments shall regulations is to realine colored Federal be effective on April 16,1973. Airway Amber 15 and Jet Route 115 be-* On December 22, 1971, there was pub­ tween Chandalar Lake, Alaska, and lished in' the F ederal R egister (36 FR Dated March 15,1973. - Deadhorse, Alaska, due to the decom­ 24224) a notice of proposed rulemaking R obert M. B all, missioning of the Sagwon, Alaska, RBN. with proposed amendments to subparts Commissioner of Social Security. Deadhorse RBN was renamed Put River, E and J of regulations No. 4. The pro­ Alaska, RBN, effective February 1, 1973. posed amendments to the regulations im­ Approved April 10, 1973. Therefore, where required, FAA shall plement certain amendments to the So­ Casper W. W einberger, substitute the appropriate name change. cial Security Act made by Public Law Secretary of Health, Education, The Sagwon RBN is a private NAVAID 90-248 and title X of Public Law 91-172 and Welfare owned and operated by Alaska Interna­ by updating and expanding Subpart E tional Air, Inc. The owners have advised and Subpart J of Regulations No. 4. They Regulations No. 4 of the Social Secu­ FAA that it is no longer economically provide that benefits payable to disabled rity Administration (20 CFR 404) are feasible to operate the beacon and the widows and widowers are not reduced further amended as follows: associated airport, and will terminate its on account of earnings, and that a deci­ 1. Paragraph (a) of § 404.415 is revised operation on April 11,1973. sion on extension of time to file an earn­ to read as follows: Action is taken herein to realine A-15 ings report is not an initial determina­ § 404.415 Deductions because of excess and J-115 between Chandalar Lake and tion subject to administrative review earnings; annual earnings test. Deadhorse. Elimination of the Sagwon processes. They also provide for: (a) Deductions "because of beneficiary’s RBN will not substantially alter the Deduction from disabled widow’s and earnings. Under the annual earnings alinement of Amber 15 and Jet Route widower’s benefits because of refusal to test, deductions are made from monthly J-115. accept vocational rehabilitation services; benefits (except disability insurance Since these amendments are editorial Revised penalty deduction rules for benefits, child’s insurance benefits based in nature only, upon which the public failure to file timely reports of certain on the child’s disability, or widow’s or affected thereby would not be particu­ events (i.e.v earnings over limitation Widower’s insurance benefits based on larly interested in commenting, notice amount, work outside the United States, the widow's or widower’s disability) pay­ and public procedure thereon are un­ and no child in care); and necessary, and these actions will become Extension of time to file required re­ able to a beneficiaiy for each month in effective in less than 30 days. ports of earnings for valid reason. a taxable year beginning after Decem­ In consideration of the foregoing, parts Interested persons were given the op­ ber 1954 in which the beneficiary is under 71 and 75 of the Federal Aviation regu­ portunity to submit within 30 days, data, age 72 and to which excess earnings are

FEDERAL REGISTER, V O L 38, NO. 72— MONDAY, APRIL 16, 1973 RULES AND REGULATIONS 9429 charged under the provisions described or adherents to rely solely, in the treat­ individual did not render services in such in § 404.434 or § 404.444. ment and care of any physical or mental month for more than such amount. ♦ * * * * impairment, on prayer or spiritual means 6. In § 404.436, paragraph (e) is added 2. Paragraph (a) of § 404.417 is revised through the application and use of the be read as follows: to read as follows: tenets or teachings of such church or § 404.436 Excess earnings; months to sect; and which excess earnings cannot be § 404.417 Deductions because of non- (2) His refusal to accept rehabilita­ charged because individual is deemed covered remunerative activity outside tion services was due solely to his ad­ not entitled to benefits. the United States; 7-day work test. herence to the teachings or tenets .of his (a) Deductions "because of individual’schurch or sect. Under the annual earnings test, excess activity. Under the 7-day work test, a 4. Subparagraph (1) of paragraph (c) earnings (as described in §§ 404.432 and of § 404.429 is revised to read as follows: 404.433) are not charged to any month deduction is made from any monthly in which an individual is deemed not benefit (except disability insurance § 404.429 Earnings; defined. entitled to a benefit. A beneficiary (i.e., benefits, child’s insurance benefits based * * * * * on the child’s disability, or widow’s the insured individual or any person or widower’s insurance benefits based (c) Wages defined. Wages include the entitled or deemed entitled on the in­ on the widow’s or widower’s disability) gross amount of an individual’s wages sured individual’s earnings record) is payable to an individual for each month rather than the net amount paid after deemed not entitled to a benefit for a in a taxable year beginning after Decem­ deductions by the employer for items month if he is subject to a deduction for ber 1954 in which he, while under age such as taxes and insurance. For pur­ that month because of: 72, engages in noncovered remunerative poses of this section, an individual’s ***** activity (see § 404.418) outside the wages are determined under the provi­ (e) Refusal by a person entitled before United States on seven or more different sions of Subpart K of this part, except age 60 to a widow’s/or to a widower’s in­ calendar days. This deduction is an that, notwithstanding the provisions of surance benefit based on disability (be­ amount equal to the benefit payable to Subpart K, wages also include: fore age 62 in the case of a widower’s the individual for that month. (1) Remuneration of over $10,800 ininsurance benefit for months before * * * * * the calendar year 1973, or over $9,000 in 1973) to accept rehabilitation services the calendar year 1972, or over $7,800 in (as described in § 404.422). 3. In § 404.422, paragraphs (c) and a calendar year 1968 through 1971, or (d) are revised and renumbered (d) and over $6,600 in calendar years 1966 and 7. Section 404.439 is amended by re­ (e) and paragraph (c) is added to read 1967, or over $4,800 in a calendar year vising the example to read as follows: as follows: y 1959 through 1965, or over $4,200 in a § 404.439 Partial monthly benefits; ex­ § 404.422 Deductions because of re­ calendar year 1955 through 1958; and cess earnings of the individual fusal to accept rehabilitation services. $ $ $ $ $ charged against his benefits and the He * * * * 5. In § 404.435, subparagraph (6) of benefits of persons entitled (or deemed entitled) to benefits on his (c) Deductions because individual en­ paragraph (a) is revised, and new sub- earnings record. titled to widow’s or widower’s insurance paragraph (7) is added following sub- benefit based on disability refuses reha­ paragraph (6), and paragraph (d) is re­ Deductions are made against the total bilitation services—(1) Widow’s insur­ vised to read as follows: family benefits where the excess earnings ance beneficiary. A deduction is made (as described in §§ 404.432 and 404.433) § 404.435 Excess earnings; months to of an individual entitled to old-age in­ from any benefits payable to an individ­ which excess earnings cannot be ual entitled to a widow’s insurance bene­ charged. surance benefits are charged to a fit based on disability for each month in month and require deductions in an which she is under age 60 and refuses (а) Taxable years ending after 1965. amount less than ,the total family bene­ without good cause to accept rehabilita­ Notwithstanding any of the provisions fits payable on his earnings record for tion services available to her under a described in this subpart, an individual’s that month (including the amount of a State plan approved under the Voca­ excess earnings in a taxable year ending mother’s or child’s insurance benefit tional Rehabilitation Act. after 1965 are not charged to any month payable to a spouse who is deemed en­ (2) Widower’s insurance beneficiary. in which he: titled on the individual’s earnings rec­ A deduction is made from any benefits * * * * He ord—see § 404.420). The difference be­ payable to an individual entitled to a (б) Did not engage in self-employ­ tween the total benefits payable and the widower’s insurance benefit based on dis­ ment (see paragraphs (c) and (e) of deductions made under the annual earn­ ability for each month in which he is this section) and did not render services ings test for such month is paid (if other­ under age 60 (age 62 for months prior to for wages (see paragraph (d) of this wise payable under title II of the Act) January 1973) and refuses without good section) of more than $175 in a taxable to each person in the proportion that the cause to accept rehabilitation services year ending after December 1972, or benefit to which each is entitled (before available to him under a State plan ap­ more than $140 in a taxable year ending the application of the reductions de­ proved under the Vocational Rehabilita­ after December 1967 and prior to Jan­ scribed in § 404.403 for the family maxi­ tion Act. uary 1973 (or $125 in a taxable year mum, § 404.407 for entitlement to more (d) Amount of deduction. The amount ending after 1965 and before January than one type of benefit, and section deducted from an individual’s benefit for 1968); or 202 (q) of the Act for entitlement to a month under the provisions of para­ (7) Was entitled to a widow’s or benefits before retirement age) bears to graph (a), (b), or (c) of this section is an widower’s insurance benefit based on the total of the benefits to which all of amount equal to the benefit otherwise disability. them are entitled, except that the total payable for that month. * * * * * amount payable to any such person may (e) Good cause for refusal of rehabili­ not exceed the benefits which would have (d) Presumption regarding “services been payable to that person if none of tation services. An individual may refuse for wages.’’ With respect to paragraphs to accept rehabilitation services (for the the insured individual’s excess earnings (a) (6) and (b) (6) of this section, and had been charged to that month. purposes of paragraph (a), (b), or (c) § 404.444(c) (5), an individual is pre­ of this section) if his refusal is based on sumed to have rendered services in any Example. A is entitled to an old-age insur­ good cause. For example, an individual month for wages (as defined in § 404.429) ance benefit of $165.50. His wife and two chil­ has good cause for refusing rehabilitation dren are each entitled to an original rate of of more than $175, or more than $140, $82.80, making a total unreduced benefit of services where: or more than $125, or more than $100, $413.90. After A’s excess earnings have been (1) The individual is a member oror more than $80, whichever amount is charged to the appropriate months in the adherent of any recognized church or applicable, until it is shown to the satis­ year, there remains a partial benefit of $200 religious sect which teaches its members faction of the Administration that the payable for October, apportioned as follows:

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 No. 72—Pt. I----2 9430 RULES AND REGULATIONS

imposed for her failure to make a v timely Fraction of Partial Maximum and Partial benefit report of the deduction event that occurred Original rate total benefit monthly normal rate payable in January 1967 because it was determined benefit payable that “good cause” existed. In March 1968 M reported that she had not $166.50 2/5 $80 $165.50 $117.20 had a child in her care in September or Wife______82.80 1/5 40 27.60 27.60 C hild...... 82.80 1/5 40 27.60 27.60 October 1967; however, she had accepted C hild...... -t...... 82.80 1/5 40 27.60 27.60 benefit payments for each month from Au­ gust 1967 through February 1968. Her benefits T otal...... 413.90 5/5 200 248.30 200.00 for March and April 1968 were withheld to recover the overpayment for September and 8. Section 404.441 is amended by re­ (3) Subsequent failures to make timelyOctober 1967. Also, It was determined that “good cause” was not present for M’s failure vising the example to read as follows: reports. The penalty deduction for the to make a timely report of the deduction § 404.441 Partial monthly benefits; in­ third or subsequent failure to file a timely event that had occurred in September 1967. sured individual and a person en­ report is an amount equal to three times A penalty equal to her benefit for September titled (or deemed entitled) on his the amount of the individual's benefit 1967 was deducted from M’s May 1968 pay­ earnings record both have excess or benefits for the first month for which ment since this was her “first failure” to re­ earnings. the deduction event in the third failure port not having a child in her care. Payments period was not reported timely. to her then were continued. Where both the insured individual and (c) Determining whether a failure to On November 4, 1968, it was learned that M a person entitled (or deemed entitled) file a timely report is first, second, third, had not had a child in her care in November on his earnings record have excess earn­ 1967 or in June, July, or August 1968 al­ or subsequent failure—(1) Failure period. though she had accepted benefits for June ings (as described in §§ 404.432 and A failure period runs from the date of through October 1968. Consequently, M’s 404.433), their excess earnings are one delinquent report (but initially start­ benefits for November 1968 through February charged, and the partial monthly benefit ing with the date of entitlement to 1969 were withheld to recover the 4 months’ is apportioned, as follows: monthly benefits) to the date of the next overpayment she received for months in Example. M, his wife, and one child are succeeding delinquent report, excluding which she did not have a child in her care. In entitled to combined total benefits of $305.40 the date of the earlier report and includ­ addition, it was determined that “good cause” based on M’s old-age insurance benefit of was not present for M’s failure to report the ing the date of the later report. The fail­ deduction events, and a penalty was imposed $176. For the taxable year in question, M’s ure period includes each month for which excess earnings were $1,600 and his wife’s equal to twice the amount of M’s benefit for excess earnings were $300. M had wages of a report becomes overdue during a fail­ the month of June 1968. This was M’s "second more than $175 in all months of the year ure period, but it does not include any failure” to report not having a child in her except February, while his wife had wages month for which a report is not yet over­ care. No further penalty applied for Novem­ of more than $175 in all months of the year. due on the ending date of such period. ber 1967 because that month was included After M’s excess earnings have been charged If “good cause” (see § 404.454) is found in M’s “first-failure” period. to the appropriate months (all months for the entire period, the period is not (5) Penalty deductions imposed under through June except February), there re­ regarded as a failure period. mains a partial benefit payment for July § 404.453 not considered. A failure to of $232.40, which is allocated among M, his (2) First failure. When no penalty make a timely report of earnings as re­ wife, and child in the ratio that the original deduction under paragraph (b) of this quired by § 404.452 for which a penalty benefit of each bears to the sum of all their section has previously been imposed deduction is imposed under § 404.453 is benefits, $116.20, $58.10, and $58.10. His wife’s against the beneficiary for failure to re­ not counted as a failure to report in de­ excess earnings are charged against her full port noncovered remunerative activity termining the first or subsequent failure benefit for February $64.70, her partial bene­ outside the United States or for failure to report noncovered remunerative ac­ fit for July $58.10, her adjusted benefit for to report not having care of a child, the August and September, and from $47.80 of tivity outside the United States or not her October benefit, leaving a $16.90 benefit earliest month in the first failure period having care of a child. payable to her for that month. for which a report is delinquent and for (d) Limitation on amount of penalty which “good cause” (see § 404.454) for deduction. Nothwithstanding the provi­ 9. Section 404.451 is amended by re­ failure to make the required report is not sions described in paragraph (b) of this vising paragraphs (b) and (c) and add­ found is considered to be the first failure. section, the amount of the penalty deduc­ ing paragraph (d) to read as follows: (3) Second failure. After one penalty tion imposed for failure to make a timely § 404.451 Penalty deductions for failure deduction under paragraph (b) of this report of noncovered remunerative ac­ to report within prescribed time limit section has been imposed against the tivity outside the United States or for noncovered remunerative activity beneficiary, the first month for which a failure to report not having care of a outside the United States or not hav­ report is delinquent in the second failure child may not exceed the number of in g care o f a child. period is considered to be the second months in that failure period for which * * * * * failure. the individual received and accepted a (4) Third and subsequent failures. benefit and for which a deduction is im­ (b) Determining amount of penalty de­After a second penalty deduction under posed by reason of his noncovered re­ duction. The amount of the penalty de­ paragraph (b) of this section has been munerative activity outside the United duction for failure to report noncovered imposed against the beneficiary, the first States or failure to have care of a child. remunerative activity outside the United month for which a report is delinquent (See § 404.458 for other limitations on States or not having care of a child with­ in the third failure period is considered the amount of the penalty deduction.) in the prescribed time is determined as to be the third failure. Subsequent fail­ follows: ures will be determined in the same 10. Paragraph (a) of § 404.452 is re­ (1) First failure to make timely report. manner. vised and new paragraph (f) is added to The penalty deduction for the first fail­ read as follows: ure to make a timely report is an amount Example. M became entitled in January 1966 to mother’s benefits; these benefits are § 404.452 Reports to Administration of equal to the individual's benefit or bene­ not payable for any month in which the earnings; wages; net earnings from fits for the first month for which the mother does not have a child in her care. self-employment. deduction event was not reported timely. M accepted benefits for each month from (2) Second failure to make timely re­ January 1966 through June 1967. In July (a) Conditions under which a report port. The penalty deduction for the sec­ 1967 she reported that she had not had a of earnings, wages, and net earnings ond failure to make a timely report is child in her care in January 1967. As she from self-employment is required. An in­ was not eligible for a benefit for any month dividual who, during a taxable year, is an amount equal to twice the amount in which she did not have a child in her entitled to a monthly benefit (except if of the individual’s benefit or benefits for care, M’s July 1967 benefit was withheld to in each month of his taxable year he was the first month for which the deduction recover the overpayment she had received entitled only to a disability insurance event in the second failure period was not for January 1967, and the next payment she benefit) is required to report to the Ad­ reported timely. received was for August 1967. No penalty was ministration the total amount of his

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 RULES AND REGULATIONS 9431 earnings (as defined in § 404.429) for (f) Extension of time for filing re­§ 404.453 Penalty deductions for failure each such taxable year under the follow­ port.—(1) General. Notwithstanding the to report earnings timely. ing provisions. provision described in paragraph (b) of * * * * * (1) Taxable years ending after 1972. Athis section, the Administration may (b) Determining amount of penalty report is required when the individual’s grant a reasonable extension of time for deduction. The amount of the penalty de­ total earnings or wages (as defined in making the report of earnings required duction for failure to report earnings for § 404.429) for any taxable year ending under this section if it finds that there a taxable year within the prescribed time after 1972 exceed the product of $175 is valid reason for a delay, but in no case is determined as follows: multiplied by the number of months in may the period be extended more than (1) First failure to file timely report. his taxable year, except that the report 3 months for any taxable year. The penalty deduction for the first fail­ is not required for a taxble year if: (2) Requirements applicable to re­ ure to file a timely report is an amount (1) The individual attained the age of quests for extensions. Before his annual equal to the individual’s benefit or bene­ 72 in or before the first month of his report of earnings is due, a beneficiary fits for the last month for which he was entitlement to benefits in his taxable may request an extension of time for fil­ entitled to such benefit or benefits dim­ year, or ing his report. The request must meet all ing the taxable year, except that with (ii) The individual’s benefit paymentsof these requirements: respect to any deductions imposed on or were suspended under the provisions de­ (i) Be in writing, and after January 2, 1968, if the amount of scribed in § 404.456 for all months in (ii) Be made by the beneficiary, his the deduction imposed for the taxable a taxable year in which he was entitled representative payee, or his authorized year is less than the benefit or benefits to benefits and was under age 72. agent, for the last month of the taxable year (2) Taxable years ending after 1967. (iii) Be made before the required re­ for which he was entitled to a benefit A report is required when the individual’s port is overdue (If an extension of time under section 202 of the Act, the penalty total earnings or wages (as defined in already has been granted, a request for deduction is an amount equal to the § 404.429) for any taxable year ending further extension must be made before amount of the deduction imposed but after 1967 exceed the product of $140 the due date as extended previously.), multiplied by the number of months in not less than $10. (iv) Be made to an office of the Admin­ $ $ $ $ $ his taxable year, except that the report istration, is not required for a taxable year if: (v) Name the beneficiary for whom 12. Paragraph (i) is added to § 404.906 (i) The individual attained the age of the annual report must be made and to read as follows: 72 in or before the first month of his en­ furnish his claim number, § 404.906 Administrative actions which titlement to benefits in his taxable year, (vi) Identify the year for which an are not initial determinations. or annual report is due and for which an ex­ (ii) The individual’s benefit payments tension of time is requested, Administrative actions which shall not were suspended under the provisions (vii) Explain in the requester’s own be considered initial determinations un­ described in § 404.456 for all months in a words the reasons why an extension of der any provision of the regulations in taxable year in which he was entitled to time is needed, and how much extended this Subpart J, but which may receive benefits and was under age 72. time is needed, administrative review, include, but are (3) Taxable years ending after 1965 (viii) Show the date the request is not limited to, the following: through taxable years ending before made, and * * * * * 1968. A report is required when the in­ (ix) Be signed by the requester. (i) The decision on a request for an dividual’s total earnings or wages (as (3) Valid reason defined. A valid rea­ extension of time to file a report of earn­ defined in § 404.429) for any taxable year son is a bona fide need, problem, or situa­ ings (see § 404.452). ending after 1965 and before 1968 exceed tion which makes it impossible or diffi­ [FR Doc.73-7178 Filed 4-13-73;8:45 am] the product of $125 multiplied by the cult for a beneficiary (or his representa­ number of months in his taxable year, tive payee) to meet the annual report except that the report is not required for due date prescribed by law. This may be Title 21— Food and Drugs a taxable year if: illness or disability of the one required CHAPTER I— FOOD AND DRUG ADMINIS­ (i) The individual attained the age of to make the report, absence or travel so TRATION, DEPARTMENT OF HEALTH, 72 in or before the first month of his en­ far from home that he does not have and EDUCATION, AND WELFARE titlement to benefits in his taxable year, cannot readily obtain the records needed SUBCHAPTER F— REGULATIONS UNDER SPE­ or CIFIC ACTS OF CONGRESS OTHER THAN THE for making his report, inability to obtain FEDERAL FOOD, DRUG, AND COSMETIC ACT (ii) The individual’s benefit payments evidence required from another source were suspended under the provisions de­ when such evidence is necessary in mak­ PART 295— REGULATIONS UNDER THE scribed in § 404.456 for all months in a ing the report, inability of his account­ POISON PREVENTION PACKAGING ACT taxable year in which he was entitled to ant to compile the data needed for the OF 1970 benefits and was under age 72. annual report, or any similar situation Child Protection Packaging Standards for (4) Taxable years beginning after 1954 which has a direct bearing on the in­ Human Prescription Drugs in Oral and ending before 1966. For taxable dividual’s ability to comply with his re­ Dosage Forms years beginning after 1954 and ending porting obligation within the specified In the F ederal R egister of April 27, before 1966, a report is required when an time limit. individual’s total earnings or wages (as 1972 (37 FR 8461), the Commissioner of defined in § 404.429) for a taxable year (4) Evidence that extension of time Food and Drugs proposed child protec­ exceed the product of $100 multiplied by has been granted. In the .absence of writ­ tion packaging standards for human pre­ the number of months in the taxable ten evidence of a properly approved ex­ scription drugs in oral dosage forms. year, except that a report is not required tension of time for making an annual re­ Thirteen of the 30 comments received if: in response to the notice favor the stand­ port of earnings, it will be presumed that ards as proposed. The principal issues (i) The individual attained the age of no extension of filing time was granted. 72 in or before the first month of his raised in the remainder and the Com­ entitlement to benefits in his taxable In such case it will be necessary for the missioner’s conclusions are as follows: year, or beneficiary to establish whether he other­ A. Effectiveness of special packaging.— (ii) For taxable years beginning after wise had good cause (§ 404.454) for filing 1. A consumer expressed concern whether August 1958, the individual's benefit pay­ his annual report after the normal due special packaging can be child resistant, ments were suspended under the provi­ date. reporting her experiences with small sions described in § 404.456 for all months children opening bottles of baby aspirin. in a taxable year in which he was entitled 11. Subparagraph (1) of paragraph The special packaging required by the to benefits and was under age 72. (b) of § 404.453 is revised to read as standards is not packaging which no * * * * * follows: child under 5 years of age can open. The

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 9432 RULES AND REGULATIONS standards specify the minimum per­ subject to special packaging can be dis­ grounds therefor, including information centage of child-resistant effectiveness pensed in noncomplying packages and. such as available human experience data, necessary for compliance. The closures that the act does not authorize a phar­ relevant experimental data, toxicity in­ previously used on baby aspirin would not macist to dispense at his discretion pre­ formation, product and packaging speci­ necessarily comply with present stand­ scribed drugs in noncomplying packages. fications, labeling, marketing history, ards. 3. A manufacturers’ association sug­ and the justification for the exemption. 2. Other consumers suggested that spe­gested that the Commissioner’s conclu­ If such request furnishes reasonable cial packaging should retain its child- sions with respect to nonconsumer pack­ grounds, the Commissioner will publish resistant effectiveness after several open­ ages, as enumerated in paragraph G of an appropriate proposal in the F ederal ings and closings and question whether the preamble to the order (Apr. 27,1972; R egister. Following such publication, the normal adults will be able to use the spe­ 37 FR 8433) promulgating child protec­ proceedings shall be as prescribed by sec­ cial packaging. Both situations have been tion packaging standards for prepara­ tion 5 of the act. considered. The standards require that tions subject to the Comprehensive Drug F. Exclusions.—Comments from a the special packaging must continue to Abuse Prevention and Control Act of consumer, a pharmacist, several manu­ function with the specified effectiveness 1970, be set forth in the preamble of this facturers, and a manufacturers’ associa­ for the number of openings and closings order. Those conclusions are appropriate tion suggest that various drugs and customary for its size and contents. The for and applicable to this order. Accord­ classes of prescription products be ex­ standards also require that the special ingly, the Commissioner concludes that cluded from coverage by the proposed packaging not be difficult for normal the person who places a household sub­ standards. adults to use properly and specify the stance subject to these standards into a 1. Nitroglycerin.—Because of thé need container or package must determine if of certain individuals to obtain rapid minimum percentage of adult-use ef­ that container is in fact a package in access to the drug for the management fectiveness necessary. which the substance may be delivered of angina pectoris in times of stress, the B. Use by the elderly and handi­ to the consumer for use or storage in the Commissioner concludes that nitroglyc­ capped.—A pharmacist and several con­ household. If it is, these standards apply. erin preparations in sublingual form sumers suggested that elderly and handi­ The responsibility, however, for repack­ should be excluded from coverage by the capped persons may find it difficult or im­ aging prescribed drugs in accordance standards. The regulation promulgated possible to gain access to specially pack­ with these standards rests with the indi­ below has been changed accordingly. The aged medications. One manufacturer vidual dispensing such substances at the Commissioner recognizes that there may noted that the proposed standards do not retail or user level. be other oral prescription drugs which provide for noncomplying packaging for 4. A manufacturer commented that similarly require immediate accessibil­ the eldèrly or handicapped. Another since the term “household substance” is ity by the user. Exemption requests for manufacturer commented that it should defined in the act as a substance “* * * such drugs may be submitted in accord­ be able to produce a noncomplying pack­ customarily produced or distributed for ance with the procedures outlined in age in each size and potency of its prod­ sale for consumpton or use, or customar­ paragraph E above. ucts pursuant to section 4(a) of the Poi­ ily stored, by individuals in or about the 2 . Aerosols.—For the purpose of the son Prevention Packaging Act of 1970. household * * *”, the Commissioner, regulatiort promulgated below, the Com­ Section 4(a) of the act is not applica­ cannot require special packaging for sub­ missioner concludes that preparations ble to prescription drugs. Section 4(b) of stances packaged in containers which which are packaged in aerosol containers the act, however, in recognition of the “may” be delivered to the consumer for intended for inhalation therapy are not difficulty elderly or handicapped persons use or storage in the household. The considered to be “oral dosage forms” and may encounter in using specially pack­ Commissioner concludes that the term are not subject to the packaging aged prescription drugs, provides that “household substances” means any sub­ standards. substances subject to special packaging stance that, as packaged, may under any 3. Oral contraceptives, stepdown ste­ standards and dispensed pursuant to a customary or reasonably foreseeable con­ roids, powders, granules, and prepara­ prescription may be dispensed in non­ dition of purchase, storage, or use be tions dispensed in dropper bottles.—Since complying packages when so ordered by brought into or around a house, apart­ sufficient supportive data has not been the prescribing practitioner or when re­ ment, or other place where people dwell, submitted for these drugs, the Commis­ quested by the purchaser. or in or around any related building or sioner concludes at this time that such C. Consumer dissatisfaction.—A con­ shed. The test shall be whether under any preparations should not be excluded. Ex­ sumer commented that child protection reasonably foreseeable condition of pur­ emption requests may be submitted in is the responsibility of parents and that chase, storage, or use the substance as accordance with the provisions outlined the general public should not have to pay packaged may be found in or around a in paragraph E above. the higher cost that may result from the dwelling. Since human prescription drugs G. Across-the-board approach.—A use of child protection packaging. The in oral dosage forms, the substances sub­ pharmacist, several manufacturers, and Commissioner recognizes that parents ject to these standards, meet this test, a manufacturers’ association opposed have a definite responsibility in the pre­ they are, as packaged, “household sub­ comprehensive approach taken in the vention of childhood poisonings. The stances” within the meaning of the act. proposal. They stated that promulgating standards are not intended to lessen that E. Exemption procedure.—A manu­standards only for those products ac­ responsibility and are based on a need facturers’ association requested that the tually found to be toxic would be prefer­ demonstrated by childhood injury data. procedures for seeking exemptions from able. As stated in the proposal’s pream­ D. Responsibility of packager.—1. A the standards be set forth in the order ble, the comprehensive approach was consumer and a pharmaceutical associa­ adopting the proposal. A manufacturer adopted following considerable consulta­ tion suggested that medical practitioners commented that exemption procedures tion with members of the pharmaceutical be required to place in special packag­ are overly burdensome in that the manu­ community and with the concurrence of ing prescription drugs dispensed directly facturer seeking an exemption must bear the Technical Advisory Committee. In by them to the patient. The subject the cost while all other manufacturers the interest of consumer protection, the standards do apply to prescription drugs of that particular substance will be bene­ comprehensive approach is the most ef­ dispensed directly by the practitioner. fited. The Commissioner concludes that ficient means of implementing the act. Pursuant to section 4(b) of the act, non­ no provision of the act requires a manu­ Exemption requests will be considered complying packaging may be used in cer­ facturer to seek an exemption and that and are discussed in paragraph E above. tain instances. the procedures are reasonable require­ The Commissioner reaffirms his finding 2. A pharmacist recommended that ments to properly determine whether a prescription drugs be dispensed in special product should be exempted. Any request under section 3(a) (1) of the act that the packaging at the discretion of the phar­ for an exemption from special packaging nature of the hazard to children posed macist. The Commissioner concludes that requirements will be considered by the by orally administered prescription drugs section 4(b) of the act provides the only Commissioner. Such a request must be for humans, by reason of their availabil­ conditions by which prescribed drugs in writing and must furnish reasonable ity and packaging, is such that special

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 RULES AND REGULATIONS 9433 packaging is necessary to protect chil­ To give full information on special pack­ special packaging. In the case of unit packag­ dren from serious personal injury or seri­ aging requirements for such drugs, ap­ ing, child-resistant effectiveness of not less than 80 percent. ous illness resulting from handling, us­ plicable portions of existing §§ 295.2 and (2) Adult-use effectivenéss not less than ing, or ingesting such substances. 295.3 are included herein as follows: 90 percent. H. Premarket clearance or approval.— § 295.2 Substances requiring “special pack­ (c) Reuse of special packaging.—Special A pharmacist suggests that the Food and aging.“' packaging for substances subject to the pro­ Drug Administration publish a list of ap­ * * * * ♦ visions of this paragraph shall not be reused. proved special packaging containers that (b) Sample packages.—(1) The manufac­ * * # * * meet other official requirements for drug turer or packer of any of the substances Accordingly, pursuant to provisions of containers. The act contains no provi­ listed under paragraph (a) of this section as the Poison Prevention Packaging Act of sions for premarket clearance or ap­ substances requiring special packaging shall 1970 (secs. 2(4), 3, 5, 84 Stat. 1670-1672; proval of special packaging. In the case provide the Commissioner with a sample of each type of special packaging, as well as the 15 U.S.C. 1471(4), 1472, 1474) and under of pharmaceuticals, the individual dis­ labeling for each size product that will be authority delegated to the Commissioner pensing the product is responsible for packaged in special packaging and the label­ (21 CFR 2.120), a new subparagraph (10) using a package complying with the ing for any noncomplying package. Sample is added to § 295.2(a) as follows: standards. 2FCFR 295.2(c) specifies that packages and labeling should be sent to the special packaging standards for drugs Food and Drug Administration. Attention: § 295.2 Substances requiring “special shall be in addition to any packaging re­ Bureau of Product Safety, 5600 Fishers Lane, packaging.” quirements of the Federal Food, Drug, Rockville, Md. 20852. (a) Substances.—The Commissioner and Cosmetic Act or regulations promul­ (2) Sample packages should be submitted without contents when such contents are of Food and Drugs has determined that gated thereunder or of any official com­ unnecessary for demonstrating the effective­ the degree or nature of the hazard to pendia recognized by that act. ness of the packaging. children in the availability of the follow­ I. Technically feasible, practicable, (3) Any sample packages containing drugs ing substances, by reason of their pack­ and appropriate.—Although several listed under paragraph (a) of this section aging, is such that special packaging is manufacturers and a manufacturers’ as­ shall be sent by registered mail. required to protect children from serious sociation question whether the Commis­ (4) As used in subparagraph (1) of this personal injury or serious illness result­ sioner could properly make the required paragraph, the term “manufacturer or ing from handling, using, or ingesting finding under section 3(a) (2) of the act packer” does not include pharmacists and other individuals who dispense, at the retail such substances, and that the special (that special packaging is technically or user level, drugs listed under paragraph packaging herein required is technically feasible, practicable, and appropriate for (a) of this section as requiring special feasible, practicable, and appropriate for the subject substances), no data were packaging. these substances: submitted substantiating their chal­ (c) Applicability.—Special packaging stand­ lenges. At present at least 32 firms have ards for drugs listed under paragraph (a) submitted summaries of test data in ac­ of this section shall be in addition to ainy (10) Prescription drugs.—Any drug cordance with § 295.10 Testing proce­ packaging requirements of the Federal Food, for human use that is in a dosage form dure for special packaging indicating Drug, and Cosmetic Act or regulations pro­ intended for oral administration and that that one or more package designs meet mulgated thereunder or of any official com­ is required by Federal law to be dispensed or exceed the effectiveness specifications pendia recognized by that act. . only by or upon an oral or written pre­ of § 295.3(b). Accordingly, the Commis­ § 295.3 Poison prevention packaging stand­ scription of a practitioner licensed by sioner reaffirms his finding pursuant to ards. law to administer such drug, except sub­ section 3(a) (2) of the act that special To protect children from serious personal lingual dosage forms of nitroglycerin, packaging is technically feasible, practi­ injury or serious illness resulting from han­ shall be packaged in accordance with the cable, and appropriate for human pre­ dling, using, or ingesting household sub­ provisions of § 295.3 (a), (b), and (c). scription drugs in oral dosage forms. stances, the Commissioner has determined * * * * * that packaging designed and constructed to J. Effective date.—Several manufac­ meet the following standards shall be re­ Effective date.—-This order shall be­ turers and a manufacturers’ association garded as “special packaging” within the come effective on April 16, 1974. request effective dates ranging from 1 to meaning of section 2(4) of the act. Specific (Secs. 2(4), 3, 5, 84 Stat. 1670-1672; 15 2 years following F ederal R egister pub­ application of these standards to substances lication of this order to insure an ade­ requiring special packaging is in accordance U.S.C. 1471(4), 1472, 1474.) quate supply of special packaging capable with § 295.2. Dated April 12, 1973. of protecting the stability and integrity (a) General requirements.—The special packaging must continue to function with S am D. F ine, of the contents and because supplemental the effectiveness specifications set forth in Associate Commissioner new-drug applications (21 U.S.C. 355, 21 paragraph (b) of this section when in actual for Compliance. CFR part 130) may be necessary. The contact with the substance contained therein. Commissioner concludes that 1 year is a This requirement may be satisfied by appro­ [FR Doc.73-7413 Filed 4-13-73;9:30 am] necessary, reasonable, and sufficient time priate scientific evaluation of the compati­ for affected persons to comply with these bility of the substance with the special pack­ Title 45— Public Welfare standards. A sufficient quantity of special aging to determine that the chemical and physical characteristics of the substance will CHAPTER X— OFFICE OF ECONOMIC packaging is not presently available to OPPORTUNITY permit an effective date of less than 1 not compromise or interfere with the proper functioning of the special packaging. The PART 4067— FUNDING OF COMMUNITY year, and section 9 of the act does not special packaging must also continue to provide for the establishment of an effec­ function with the effectiveness specifications ACTION PROGRAMS tive date later than 1 year after F ederal set forth in paragraph (b) of this section for Subpart— Final Regional Grant Processing' R egister promulgation. This order there­ the number of openings and closings cus­ Instructions During the OEO Phaseout fore shall become effective on April 16, tomary for its size and contents. This re­ Period 1974. The Commissioner expects, how­ quirement may be satisfied by appropriate technical evaluation based on physical wear Notice is hereby given that the regula­ ever, that persons dispensing prescription and stress factors, force required for activa­ tions set forth below are promulgated as drugs will begin using the special packag­ tion, and other such relevant factors which interim regulations by the Acting Direc­ ing in the event such packaging becomes establish that, for the duration of normal tor of the Office of Economic Oppor­ available prior to said effective date. use, the effectiveness specifications of the tunity. As a result of the prospective Therefore, having evaluated the com­ packaging would not be expected to lessen. ments received and other relevant mate­ (b) Effectiveness specifications.—Special delegation of certain programs to other rial, the Commissioner concludes that the packaging which when tested by the method Federal departments, prospective fund­ proposal, with changes, should be adopted described in § 295.10 meets the following ing changes, and changes in the manage­ as set forth below. specifications: ment and administration of certain pro­ (1) Child-resistant effectiveness of not less grams, the Office of Economic Oppor­ The amendment below adds a new sub- than 85 percent without a demonstration paragraph (10 to § 295.2(a) on human and not less than 80 percent after a demon­ tunity has been required to institute prescription drugs in oral dosage forms. stration Of the proper means of opening such emergency guidelines and instructions in

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 9434 RULES AND REGULATIONS advance of 30-day prior notice in the a statement to this effect along with an Effective date.—This subpart shall F ederal R egister. Accordingly, the regu­ explanation of the following: become effective March 15,1973. lations published below are effective on (1) The actions (inactions) taken to H oward P hillips, the dates indicated therein. Moreover, in resolve all recommendations, questioned Acting Director. view of the nature of the problems which costs, etc., in the audit report. these regulations are designed to remedy, (2) The basis upon which the grant A t t a c h m e n t A having been advised by counsel, I find is being funded in view of the lack of SPECIAL CONDITION (TERMINAL FUNDING) that to publish them in the F ederal an audit report or satisfactory resolution 1. This grant is for the purpose of provid­ R egister 30 days prior to their effective of audit report recommendations. ing section 221 funds for Program Account 01 date would be impracticable and contrary (c) All funds provided grantees willto allow the grantee the time and resources to the public interest. be by issuance of a monthly check. Out­ to develop and complete an orderly phase-out The regulations below will remain in standing letters-of-credit will not be re­ of program activities funded with section 221 effect unless and until superseded by voked unless the grantee involved is funds. permanent regulations published in the withdrawing excessive amounts of cash, 2. The grantee will develop a phase-out F ederal R egister. i.e., more than a 30-day supply. plan and budget in accordance with the "Ter­ Interested persons mination of Section 211 Funding” memoran­ wishing to comment before permanent § 1067.6—4 Processing instructions for dum of January 29, 1973, and OEO Instruc­ regulations are promulgated may submit regional programs being phased out. tion No. 6730-3. written data, views, and comments by 3. The phase-out plan and budget shall be mailing them to the Acting Director, (a) Documentation for grant fund­ ings to programs being phased out will submitted to this office by (date specified). Policy Regulation, Office of Program Re­ 4. The grantee’s entitlement to the funds view, Office of Economic Opportunity, be minimal. An, OEO form 314 with a provided by this grant action, subject to all 1200 19th Street NW., Washington, D.C. termination date in column 12 is re­ applicable terms, after the date set forth in 20506, in time to arrive on or before quired. The phaseout grant is an admin­ paragraph 3 above, is contingent upon sub­ April 25, 1973. istrative grant and shall be so classified. mission of the phase-out plan and budget by (b) The “special condition” attached that date and the approval thereof by OEO After careful consideration is given to to Staff Instruction 6710-1, change 11 (or successor Federal agency) as submitted all relevant material submitted, and to will be made a part of the grant package or as thereafter revised. such other information as may be avail­ for phaseout grants and will be attached 5. Grantees shall conform strictly to the able, the Acting Director of OEO may to the OEO Form 314 before being sub­ terms and conditions spelled out in OEO modify these interim regulations as he mitted to the Governor and grantee for Instruction 6730-3, which will set forth deems appropriate and publish them as approval. phase-out provisions for existing funding. permanent regulations in the F ederal (c) The “special condition” requires [FR Doc.73-7252 Filed 4-13-73;8:45 am] R egister. each grantee receiving a phaseout grant Chapter X, part 1067 of title 45 of the to prepare and submit a phaseout plan CHAPTER XIII— OFFICE OF CHILD DE­ Code of Federal Regulations is amended and budget in accordance with OEO In­ by adding four new sections, reading as VELOPMENT, DEPARTMENT OF struction 6730-3. OEO reserves the right HEALTH, EDUCATION, AND WELFARE follows: to disapprove the phaseout plan and Sec. budget. PART 1301— FEE SCHEDULE FOR HEAD 1067.6- 1 Purpose. Entitlement to funds will be contingent START.. PROG RAM 1067.6- 2 Applicability. Fees To Be Charged Nonpoor Families 1067.6- 3 Policy. upon receipt of an acceptable phaseout 1067.6- 4 Processing instructions for re­ plan and budget from a grantee in the Notice of the proposed regulations con­ gional programs being phased cerning the Head Start Fee Schedule out. time period established in OEO Instruc­ tion 6730-3. Phaseout grants will be fun­ was published in the F ederal R egister A u t h o r i t y .—Secs. 213, 602; 81 Stat. 695, 78 on March 7, 1973 (38 FR 6193). The Of­ Stat. 530; 42 U.S.C. 2796, 2942. ded for up to 6 months limited to average fice of Child Development received 14 expenditure levels of the prior 12 months. letters from interested persons comment­ § 1067.6—1 Purpose. (d) An analysis which relates the ing on the proposed Fee Schedule. Most The purpose of this subpart is to estab­ grantee’s current monthly level of expen­ comments reflected concern with the lish detailed procedures to be used in ditures reported during the last 12 amount of the fee charges, the cost of processing and funding regional OEO living variances between rural and urban grantees whose funding expires after months to the projected average monthly areas, and the Fee Schedule format. The February 28,1973. funding level contained in the grant letters addressed issues that had been § 1067.6—2 Applicability. package should be submitted with the given careful consideration during grant application. In no event shall the the course of the development of the This subpart applies to all OEO re­ Fee Schedule. Changes in the proposed gional office grants under section 221 of projected monthly funding level exceed the grantee’s average monthly expendi­ regulations were rejected only after a the Economic Opportunity Act of 1964, careful and thorough examination of the as amended, except Indian programs. ture rate for thé past 12 months. The merits of the suggestions contained in § 1067.6—3 Policy. analysis should be in the following for­ the letters. The regulations are adopted, mat: (a) Regional offices must follow the without change, as follows: Total expenditures (prior 12 m onths)... X X X .-.-...w § 1301.1 Fees to be charged nonpoor procedures in this subpart to process and Average expenditures per month ____ . . . . . X X X fund grants during the period from Proposed funding per grant action—.. . . X X X -... fam ilies. March 15 to June 30, 1973. Processing C arryover...... ;_____...... X X X ------... The fees which shall be charged non- actions through obligation should be Total funds available...... XXX — -___: poor families whose children enroll in completed by April 1, 1973. In the ab­ Projected average monthly funding level Head Start programs after April 1, 1973, sence of exceptions approved by the Di­ for the phase-out grant______...... XXX are set forth in the Monthly Fee Sched­ rector, the amount of funds awarded (e) Normally, the funds will be issued ule in this section. Nonpoor families are must not exceed the last 12 months’ aver­ monthly on a pro rata share based on the those whose incomes exceed $4,320 as age monthly level of expenditures for the above calculation. In unusual cases, the adjusted for families with more than grantee. _ Regional Director may apply to the Con­ two children. No charges shall be im­ (b) If an audit has not been com­ posed where the family income is equal pleted, or has been completed within the troller for an amount other than a pro past 18 months, but the recommenda­ rata share with written justification to or less than $4,320, as adjusted, except tions have not been satisfactorily re­ based on the grantee phaseout plan, to the extent that payment will be made solved, the grant package must contain within the total obligated grant funds. by a third party.

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 RULES AND REGULATIONS 9435

Head Start Fee Schedule, Monthly Charge

Number of children in family Cross annual family income

©-$4,820 0 0 $4,321- 4, 575 X X 4,670- 4,900 $2.50 $2.50 0 4,901- 6,225 5.00 5.00 X 5,226- 6,660 7.50 7.60 $2.50 0 5,651- 5,875 10.00 10.00 5.00 X 6,876- 6,200 12.50 12.50 7.50 $2.50 6,201- 6,525 15.00 6,526- 6,850 19.00 19.00 12.50 7.50 $2.50 0 6,851- 7,175 23.00 23.00 15.00 10.00 6.00 X 7,176- 7,600 27.00 27.00 19.00 12.50 7.50 $2.50 0 7,501- 7,825 31.00 3L00 23.00 15.00 10.00 5.00 X 7,826- 8,150 41.00 41.00 27.00 19.00 . 12.50 7.60 $2.50 0 8,151- 8,475 51.00 51.00 31.00 23.00 15.00 10.00 5.00 X 8,476- 8,800 61.00 61.00 41.00 27.00 19.00 12.60 7.50 $2.50 8,801- 9,125 71.00 7L00 51.00 31.00 23.00 15.00 10.00 5.00 9,126- 9,450 87.00 87.00 61.00 41.00 27.00 19.00 12.50 7.50 9,461- 9,775 103.00 103.00 71.00 51. 00 31.00 23.00 15.00 10.00 9,776-10,100 119.00 119.00 87.00 61.00 41.00 27.00 19.00 12.50 10,101-10,425 135.00 135.00 103.00 71.00 51. 00 31.00 23.00 15.00 119.00 87.00 61.00 41.00 27.00 19.00 135.00 103.00 71.00 51.00 31.00 23.00 119.00 87.00 61.00 41.00 27.00 135.00 103.00 71.00 51.00 31.00 119.00 87.00 61.00 41.00 135.00 103. 00 71. 00 61.00 119.00 87.00 61.00 135.00 103.00 71.00 119100 87. 00 135.00 103.00 119.00 135.00

X —Statutory maximum allowable fee charge is marginal. No fee will be assessed. Notr—To ¿low for higher costs of living in Alaska and Hawaii, multiply family income by 0.8 and 0.87, respec- 'tively, and correlate the lowered income figure with the fee. This variation complies with the statutory language mandating that the fee schedule must be based upon the ability of the family to pay. A family with 2 or more children enrolled shall pay one full fee for the first 2 children, and 25 percent of that full fee for each additional child. The above fee schedule applies to both farm and nonfarm families. A family whose ability to pay has been impaired because of unusual medical and dental expenses or unusual casualty or theft lossfes) shall be eligible for a reduction on fee charge if the amount of unusual expenses exceeds 10 percent of the a n n u a l gross family income. (Sec. 8, 86 Stat. 690 (42 UH.C. 2809(a)(1)); sec. 602(n), 78 Stat. 630 (42 U.SXJ. 2942(n)); Delegation of Authorities to Secretary of Health, Education, and Welfare, 34 PR 11398) Effective date.—The regulations in this section shall be effective April 16, 1973, Dated April 11, 1973. Caspar W. Weinberger, Secretary. [PR Doc.73-7354 Piled 4-13-73;8:45 am]

FEDERAL REGISTER, V O L 38, NO. 72— MONDAY, APRIi 16» 1973 »436 ______Proposed Rules______This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rulemaking prior to the adoption of the final rules.

DEPARTMENT OF AGRICULTURE DEPARTMENT OF HEALTH, The practicability and feasibility of Agricultural Stabilization and Conservation EDUCATION, AND WELFARE marking directly on an article have been Service considered and alternate approaches are Food and Drug Administration permitted in cases where such markings [ 7 CFR Part 777 ] [ 21 CFR Part 191 ] would not be practicable or would be pro­ PROCESSOR WHEAT MARKETING IDENTIFICATION OF TOYS OR OTHER hibited by some physical aspect of the CERTIFICATE REGULATIONS ARTICLES INTENDED FOR USE BY article. These provisions are intended to CHILDREN be applicable to: Liquids, molding ma­ Proposed Adjustment to Interest Rate terials, chalk, and other substances with Notice is hereby given pursuant to Sec­ Proposed Classification as Banned similar characteristics; (2) sets of cray­ tion 4a, Administrative Procedure Act Hazardous Substances ons or coloring pencils, jigsaw puzzles, (60 Stat. 238,5 U.S.C. 553), that the Agri­ Section 2(f)(1)(D) of the Federal marbles, balloons, and other collections cultural Stabilization and Conservation Hazardous Substances Act provides for of essentially identical parts; and (3) Service proposes to issue amendment 1 the classification of any toy or other board games, building sets, and other to the Republication of the Processor article intended for use by children as children’s articles which consist of in­ Wheat Marketing Certificate Regula­ a hazardous substance upon a determi­ trinsically complementary components. tions (36 PR 21256). nation by regulation that it presents a The Commissioner of Food and Drugs Consideration will be given to all writ­ mechanical hazard. Under section 2(q) has determined that all children’s articles ten comments or suggestions in connec­ (1) (A) of the act, such classification should bear the essential identification tion with the proposed amendment filed also makes the toy or article a banned proposed below for child protection and in duplicate with the Director, Grain hazardous substance. Mechanical haz­ safety. These requirements are based Division, Agricultural Stabilization and ard is defined by section 2(s) of the act, upon the authority to classify children’s C onservatif Service, U.S. Department of and banned toys and other banned chil­ articles as mechanical hazards because Agriculture, Washington, D.C. 20250, dren’s articles listed in 21 CFR 191.9a. of unreasonable risk of personal injury until May 16, 1973. Section 15 of the act provides for the or illness due to the article’s design or The proposed amendment is issued repurchase of banned hazardous sub­ manufacture, as set forth in section 2(s) pursuant to the Agricultural Adjustment stances and authorizes promulgation of (9) of the act. The legislative history of Act of 1938, as amended (see secs. 379a implementing regulations. On Decem­ this section clearly establishes that it is to 379j, 53 Stat! 31, as amended, 7 U.S.C. ber 16, 1972, proposed repurchase proce­ designed to assure that, together with the 1379a td 1379j), to change the interest dures were published in the F ederal definitions of electrical and thermal haz­ charges applicable under the regulations R egister (37 FR 26832). ards, the act will cover any type of hazard from 6V2 to 7% percent per annum. This Many toys or other articles intended presented by a children’s article that is change is deemed necessary in view of re­ for use by children, subject to classifi­ not already covered by existing law. In cent upward adjustments in interest rates cation as banned hazardous substances addition, these requirements are inde­ announced by commercial banks and and thus subject to repurchase, do not pendently authorized by section 15 of the other lending institutions. have markings that identify the name act. The proposed amendment of 7 CFR of the manufacturer, importer, or other Therefore, pursuant to provisions of part 777 would read as follows: responsible person. Further, the lack of the Federal Hazardous Substances Act The interest rate is changed to read a means of readily differentiating similar (secs. 2(f)(1)(D), (q)(1)(A), (s), 3(e), “seven and one-half percent per annum” toys or articles in a firm’s product line 15, 74 Stat. 372, 374, 375, as amended, 80 rather than “six and one-half percent presents a problem regardless of whether Stat. 1304-1305, 83 Stat. 187-189; 15 per annum” in the applicable sections as the articles are marked to indicate the U.S.C. 1261, 1262, 1274) and under au­ follows: name of such firm. For example, subse­ quent to a banning order, a hazard pre­ thority delegated to him (21 CFR 2.120), Section 777.7 (b), the last sentence; sented by a children’s article may be the Commissioner proposes that a new Section 777.11(b), subparagraph (2) ; eliminated by structural changes which subparagraph (18) be added to § 191.9a Section 777.11(c), subparagraphs (2) do not significantly alter its physical ap­ (a) as follows: (i) and (ii) ; pearance. Without identifying marks, § 191.9a Banned toys and other banned Section 777.11(e), subparagraph (2) ; different versions of the same article may articles intended for use by children. Section 777.12(g), the penultimate sen­ be virtually indistinguishable. As a re­ (a) Toys and other children’s articles tence; sult, the efficient and rapid removal of presenting mechanical hazards.—* * * Section 777.19(f), subparagraph (2) ; the banned article from the marketplace (18) Any toy or other article intended for use by children that does not comply Section 777.19 ( j ), the last sentence. and from the household is hampered, as well as implementation of the repurchase with the following requirements: Signed at Washington, D.C., on April 9, (i) A toy or other article shall be 1973. provision. clearly marked to indicate: K enneth E. F rick, The proposed regulatiohvwould require (a) The name and place of business Administrator, Agricultural Sta­ that all children’s articles bear certain (city and State) of the manufacturer, bilization and Conservation markings and that only articles of iden­ importer, distributor, and/or seller; and Service. tical construction, composition, and di­ (b) A model number, stock number, [PR Doc.73-7274 Filed 4-13-73;8:45 am.] mensions bear identical markings. catalog number, item number, or other

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 PROPOSED RULES 9437 symbol expressed numerically, in code, Office of Education to be able to identify and evaluate al­ or otherwise, such that only articles of [ 45 CFR Part 183 ] ternative solutions to environmental identical construction, composition, and problems. Emphasis shall be placed on dimensions shall bear identical markings. ENVIRONMENTAL EDUCATION the development of skills and insights (ii) Markings on a toy or other arti­ Proposed Policies, Procedures, and Re­ needed to understand the structure, re­ cle shall be of a permanent nature, such quirements for Obtaining Federal Fi­ quirements, and impact within and as paint-stenciled, die-stamped, molded, nancial Assistance among various environmenal entities, or indelibly stamped directly thereon or Notice is hereby given of the intention subsystems and systems. permanently affixed, fastened, or at­ to issue (pursuant to Public Law 91-516, (b) In accordance with this purpose, tached thereto by means of a tag, token, 84 Stat. 1312-1315, 20 U.S.C. 1531-1563) financial assistance will be provided for or other suitable medium. The markings the regulations set forth below which projects involving participants in in­ shall not be readily removable or subject prescribe certain policies, procedures, quiries into both the specific and general to obliteration during normal use of the and requirements in connection with ob­ environmental implications of human ac­ article or when the article is subjected to taining Federal financial assistance for tivities and their short and long range reasonably foreseeable damage or abuse. eligibility under the Environmental Edu­ effect on societal resources and general (iii) The retail package of a toy or cation Act. The proposed regulations are public policy. Areas of participant inquiry other article, under customary conditions intended to apply only to awards made should encompass or fall within one or of display, shall clearly indicate: The from funds appropriated through the fis­ more of the following: name and place of business (mailing ad­ cal year 1973 and are not intended to (1) The import of the application of dress including ZIP code) of the manu­ have any application for subsequent scientific and technological findings (e.g., facturer, importer, distributor, and/or years. the impact of ‘‘inventions” on social and seller; and the model number, stock num­ Interested persons are invited to sub­ environmental quality and resources). ber, catalog number, item number, or mit written comments, suggestions, or (2) Human settlements—urban, subur­ other symbol described in paragraph (a) objections regarding the proposed regu­ ban, and rural (e.g., impact of urban, (18) (i) (b) of this section. The informa­ lations to the Commissioner of Educa­ suburban, and rural balance on ecology tion required by this subdivision need tion, Department of Health, Education, of an area and the human condition). not be placed on the retail package if it and Welfare, 400 Maryland Avenue SW., (3) Food production; energy produc­ appears on or with a toy or other article Washington, D.C. 20202, on or before tion; population dynamics; transporta­ in such a manner as to be visible under May 16,1973. tion; planning—urban, suburban, and customary conditions of retail display. Comments received in response to this rural (e.g., implication of selected inter­ (iv) The markings required by para­ notice are available for public inspection related human life support activities). graph (a) (18) (i) of this section may be at the Office of Environmental Educa­ (4) Air; water—fresh, estuarine, ma­ placed solely on the immediate container tion, U.S. Office of Education, room 424, rine; land use; and other resource utili­ of a toy or other article if such container Reporters Building, 300 Seventh Street zation, allocation, depletion, and conser­ is intended to be used with the article or SW., Washington, D.C. 20202. vation; and environmental pollution (e.g. is intended to serve as a means of storage use, depletion, and destruction of life for the article after purchase and: Dated February 15, 1973. support resources). (a) The composition of the article pro­ J ohn Ottina, Thus the environmental education proc­ hibits marking directly thereon; or Acting U.S. Commissioner ess is multifaceted, multidisciplinary, and (b) The article consists of a set, assem­ of Education. issue or problem-oriented. Otherwise blage, or collection of essentially identi­ Approved April 3, 1973. worthwhile but specialized and narrowly cal parts; or defined educational approaches, such as (c) The article consists of varied items Caspar W. Weinberger, traditional learning approaches to such which are intrinsically complementary to Secretary, Health, Education, areas as conservation and resource use, its function, purpose, or use. and Welfare. environmental science, nature study, out­ (v) Those articles, described in para­ Subpart A— Description of Programs door education, or sex education, which graph (a) (18) (iv) (b) and (c) of this Sec. normally tend to exclude consideration section, that are not provided with an im­ 183.1 . Scope and purpose. of mutually reinforcing social, physical, mediate container intended to be used 183.2 Definitions. cultural, and policy implications of these with the article or to serve as a means of 183.3 Categories of assistance. concerns do not adequately meet the storage therefor after purchase, shall 183.4 Applications. scope and purposes of the act. While an have the major part,, item, or component 183.5 Level of support. environmental education project sup­ clearly marked to indicate the informa­ Authority.—Public Law 91-516, 84 Stat. ported under this part could draw upon tion required by paragraph (a) (18) (i) of. 1312-1315, 20 U.S.C. 1531-1563. some of the ideas and materials of these this section. If a major part, item, or Subpart A— Description of Program traditional subject areas, it could do so component is not distinguishable, one or only in synthesis with ideas and ma­ more of the article’s parts, items, or com­ § 183.1 Scope and purpose. terials from a number of other subject ponents shall be marked to indicate the (a) The Environmental Education Act areas, including social sciences, technol­ information required by paragraph (a) (Public Law 91-516; 20 U.S.C. 1531-1536) ogy, arts and humanities as appropriate (18) (i) of this section. authorizes a program of grants and con­ and needed for the area of inquiry. (20 Interested persons may, on or before tracts to support research, demonstra­ U.S.C. 1532(a)(2)). June 15,1973, file with the Hearing Clerk, tion, and pilot projects designed to ed­ Department of Health, Education, and ucate the public on the problems of § 183.2 D efinition s. Welfare, room 6-88, 5600 Fishers Lane, environmental quality and ecological As used in this part: Rockville, Md. 20852, written comments balance. Such projects shall support the (a) “Act” means the Environmental (preferably in quintuplicate) regarding development of educational processes Education Act (Public Law 91-516; 20 this proposal. Comments may be accom­ dealing with man’s relationship with his U.S.C. 1531-1536). panied by a memorandum or brief in sup­ natural and manmade surroundings, and (b) “Commissioner” means the U.S. port thereof. Received comments may be includes the relation of population, pol­ Commissioner of Education, or his duly seen in the above office during working lution, resource allocation and depletion, authorized representative; (20 U.S.C. conservation, transportation, technology, 1221(b)(1)). hours, Monday through Friday. and urban and rural planning to the (c) “Department” means the U.S. De­ Dated April 10,1973. total human environment. These proc­ partment of Health, Education, and Welfare; Sam D. F ine, esses would be designed to help the (d) “Formal education sectors” means Associate Commissioner learner both to perceive and understand State or local educational agencies or in­ for Compliance. the concepts of “environment” and en­ stitutions and accredited nonprofit edu­ [FR Doc.73-7267 Filed 4-13-73;8:45 am] vironmental principles and problems and cational institutions;

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 No. 72—Pt. I----3 9438 PROPOSED RULES

(e) “Grant period” means the period and active for 1 or more years prior to Authority.—Public Law 91-516, 84 Stat. specified in the notification of grant the submission of the application; and 1312-1315, 20 U.S.C. 1531-1563. award during which costs may be charged (5) such other documents and informa­ Subpart B— General Projects against a grant; tion as the Commissioner deems neces­ (f) “Citizen’s group or volunteer or­ sary for the evaluation of the application. § 183.10 General projects. ganization,” as referred to in § 183.21(b) (20 U.S.C. 1532(b) (3) (A) (i).) (a) Awards for general projects, as means a nonprofit organization, associa­ (c) In addition, applications for as­authorized by section 3 of the act, will tion, foundation, or society which has sistance under this part must— be made by the Commissioner for re­ been organized and active for at least 1 (1) Provide that the activities for search, demonstration or pilot project year; (20 U.S.C. 1534(c)). which assistance is sought will be ad­ activities, including but not limited to (g) “Nonformal education sectors” ministered by, or set forth the method such activities as— means public or nonprofit private agen­ by which the applicant proposes to super­ (1) The development of curricula (in­ cies or organizations which contribute, vise the administration of these activi­ cluding interdisciplinary curricula) in directly or indirectly, to the education of ties; the preservation and enhancement of en­ citizens, such as libraries, museums, com­ (2) Set forth such policies and pro­ vironmental quality and ecological munity centers, organized citizens’ cedures that assure that the applicant balance; groups, etc.; will adequately evaluate, activities to be (2) Dissemination of information (h) “Nonprofit organization or agency” carried out under the application (20 relating to such curricula and to en­ means an organization or institution U.S.C. 1532(b) (3) (A) (iii)) and vironmental education generally; owned or operated by one or more non­ (3) Provide assurance that the appli­ (3) In the case of grants to State and profit corporations or associations no cant will comply with the requirements local educational agencies, for the sup­ part of the net earnings of which inures, of the act, the regulations in this part, port of environmental education pro­ or may lawfully inure, to the benefit of and general terms and conditions as have grams at the elementary and secondary any private shareholder or individual; been made generally applicable to Office education levels; (i) “Secretary” means the Secretary of of Education grants. (4) Preservice and inservice training Health, Education, and Welfare. (20 _ (d) Application forms are available programs and projects (including fellow­ from and should be submitted to the ship programs, institutes, workshops, U.S.C. 1221(b)(2)). Office of Environmental Education, U.S. symposia, and seminars) for educational § 183.3 Categories of assistance. Office of Education, DHEW, 400 Mary­ personnel to prepare them to teach in Applications for financial assistance land Avenue SW., Code 424, Washington, subject matter areas associated with en­ may be submitted for one or two basic D.C. 20202. vironmental quality and ecology, and for project categories denominated as “Gen­ (e) The Commissioner shall publishpublic service personnel, Government eral Projects” and “Minigrant (Work­ annually the dates by which applications employees, and business, labor and in­ shop) Projects.” These two basic project must be filed in order to receive con­ dustrial leaders and employees; categories are distinguished as to purpose sideration. (20 U.S.C. 1532(b), 1534.) (5) Planning of outdoor ecological and type of activity. § 183.5 Level of support. study centers; (a) General projects.—Under this cat­ (6) Community education programs egory financial assistance may be (a) Except with respect to general on environmental quality, including projects for evaluation, dissemination special programs for adults; awarded for; (1) projects designed to (including national demonstration proj­ assist the development of effective en­ (7) Preparation and distribution of ects) , curriculum development, and mini­ materials suitable for use by the mass vironmental education practices and grant (workshop) projects which are materials suitable for use by formal media in dealing with the environment eligible for 100 percent funding, the Fed­ and ecology; and and/or nonformal education sectors, and eral dollar contribution to any project (2) projects designed to assist utilization (8) Demonstration, testing, and evalu­ of effective environmental education will not exceed the following ceilings: ation of activities, whether or not (1) 80 percent of the project cost for assisted under this section. practices and materials. (20 U.S.C. 1532.) • the first year; and (b) In carrying out the purposes of (b) Minigrant (workshop) projects.— (2) An amount for second and third section 3 of the act, the Commissioner Under this category, grants in amounts year funding, not in excess of 60 and may from time to time establish priori­ not to exceed $10,000 may be made for the 40 percent respectively of the first year ties among activities to be funded in any conduct of workshops, seminars, sym­ project cost. given year. (20 U.S.C. 1532(b) (2).) posiums, and conferences (especially for (b) Within the ceilings set out under adults and community groups other than paragraph (a) of this section the amount § 183.11 Applicants. the group funded). The projects must be to be awarded for the conduct of a proj­ (a) Applicants for general project designed to assist communities in acquir­ ect will be an amount determined by awards may be institutions of higher ing an understanding of the causes, ef­ the Commissioner, on the basis of the education, State or local educational fects, issues and options surrounding a following factors; agencies, and other public and nonprofit local environmental problem. (20 U.S.C. (1) The cost of the project in relation private agencies, organizations and in­ 1534.) to the total cost of all similar projects; stitutions including libraries and § 183.4 Applications. (2) The availability of funds in the museums. light of the number of approvable (b) The Commissioner reserves the (a) Awards can only be made upon projects; application to the Commissioner. Two (3) The need for reasonable distribu­ right to make contracts to either profit­ application forms are available, a form tion of funds among the various cate­ making or nonprofit agencies, organiza­ for general projects and a simplified form tions, or institutions to carry out the pur­ for minigrant (workshop) projects. gories of projects, and (4) The ability of the applicant to poses of this subpart. Proposals for such (b) Applications shall be made in such contracts will be entertained by Com­ form and detail as may be required by the obtain funds from sources other than Commissioner. Generally, an application pursuant to this part. missioner on invitation only and in ac­ shall contain: (1) A statement of the (c) Funds awarded may be expended cordance with such specifications as are purpose of the project; (2) a descrip­ only to the extent consistent with the developed by him. (20 U.S.C. 1532(b) tion of the nature and scope of the envi­ assurance given under § 183.41 and only (D.) ronmental educational activities to be Subpart C— Minigrant (Workshop) Projects undertaken and the methods and ar­ for the items described in § 183.43. (20 rangements for conducting them; (3) a U.S.C. 1532(b) (4).) Sec. Subpart B— General Projects 183.20 Minigrant (workshop) projects. proposed budget; (4) in the case of mini- 183.21 Applicants. grant (workshop) project applications, Sec. documentary evidence that the applicant 183.10 General projects. Authority.—Public Law 91—516, 84 Stafc. organization or group has been organized 183.11 Applicants. 1312-1315, 20 U.S.C. 1531-1563.

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 PROPOSED RULES 9439

Subpart C— Minigrant (Workshop) ing criteria as reflected by the particular (2) The qualifications of project per­ Projects factors indicated under each criterion, as sonnel are described; appropriate. (3) The project makes use of volun­ § 183.20 Minigrant (workshop) proj­ (a) The project is well designed— teers (professionals, students and others) ects. (1) The objective, approach (method­ when such assistance is available and The Commissioner is authorized to ology), and primary content areas/ma- would enhance the project. make grants of $10,000 or less for proj­ terials to be used or developed by the (e) The problems to be addressed by ects intended to assist communities in project are justified in light of target the project are significant educationally acquiring an understanding of the group characteristics and information and environmentally— causes, effects, issues and options sur­ needs; (1) The project'will address problems rounding a local environmental problem. (2) It is feasible in terms of time, ex­ and resources which are relevant to the Such grants will be available for com­ pertise, manpower, facilities and mate­ lives and experiences of the participants munity workshops, conferences, sym­ rials available to it; and will encourage exploration of com­ posia, or seminars on a community/local (3) The project will utilize appro­ munity environmental problems and use environmental problem. (20 U.S.C. 1534.) priate multidisciplinary or interdiscipli­ of community resources for the purpose § 183.21 A pplicants. nary content and approaches; of achieving individual as well as group (4) It involves students or represent­ understanding. (a) An applicant for a minigrant atives of the target group in planning (f) The potential multiplier effect of (workshop) project may be any public or and conducting the project to assure its the project is significant— nonprofit private, organization. However, relevancy and effectiveness (e.g., poten­ (1) The ideas (approaches, techniques) preference will be given to local citizens tial users of materials, participants in may be widely useable for similar project groups and volunteer organizations work­ personnel development or community purposes and with approximate re­ ing in the environmental field. (20 U.S.C. education projects were among the initial sources; and/or 1534(a) and House Report 91-1362, p. 9). project planning group and a mechanism (2) The project can be expected to lead (b) An applicant group or organiza­ for their continual input has been to the creation of other projects or en­ tion must have been organized and active developed) ; courage individuals to initiate further for at least 1 year before making applica­ (5) It facilitates student /participant activity; and/or tion for a grant. (20 U.S.C. 1534(c) >. involvement with local environmental (3) The project will produce materials Subpart D—Standards for Awards problems and issues outside the formal that can be disseminated and easily used Sec. education structure and will suggest ef­ by many groups; and/or 183.30 Review of applications. fective methods for dealing with environ­ 183.31 Requirement for technical eligibility. (4) The project or its outgrowths can 183.32 Criteria for awards. mental problems; be perpetuated without Federal funding; 183.33 Geographic distribution. (6) It will encourage and assist par­ (5) In the case of community projects, ticipants in identifying alternative solu­ groups and individuals who are not mem­ A u t h o r i t y .—Public Law 91-516, 8 4 Stat. tions to environmental problems rather bers of the sponsoring organization are 1312-1315, 20 UJ3.C. 1531-1563. than accepting predetermined solutions; also participating in and supporting the Subpart D— Standards for Awards (7) It focuses on the process of learn­ project; ing as well as specific knowledge content (6) Maximum use will be made of rele­ § 183.38 Review of applications. (e.g., a guided process but to a great ex­ vant resources of the community to be An application for either a general tent determined by the learner, his past served including a showing that efforts project or a minigrant (workshop) proj­ experiences, competencies and interests, have been made to contribute resources ect under subpart B or subpart C of this and by the objective of the activity) ; over and beyond that legally required for part will be reviewed twice. The first (8) In the case of materials develop­ Federal funding. basis for review will be for the technical ment projects, provision has been made, (g) The project budget, including indi­ eligibility of the applicaton. The second and is documented in the proposal, for rect costs, is reasonable and appropriate. will be a competitive evaluation of the field testing the material developed; (h) The project promises to be na­ merit of the proposed project. (20 U.S.C. (9) In the case of personnel develop­ tionally as well as locally significant— 1532(b),1534). ment projects, procedures for selecting (1) The project will make a substantial § 183.31 Requirement for technical eli­ trainees reflect preproject assessment of contribution toward meeting the national gibility. group needs and provision has been need for environmental education con­ made for followup assistance to tent development and utilization; An application for an award under participants; (2) The project will help participants either subpart B or subpart C of this part (10) It demonstrates that the appli­ recognize the immediate and long-term will be initially considered by the Com­ cant is familiar with and has access to environmental and educational impact missioner if the following conditions are manpower and material resources needed of personal and occupational decisions met— to complete the project. and policies (e.g., local, national, and in­ (a) The proposed project activity falls (b) The project will be innovative— ternational implications) ; within the scope and meets the purposes (1) The project will use innovative (3) The applicant will be able and described in § 183.1; techniques and materials; plans to incorporate successful aspects of (b) The applicant qualifies as an eligi­ (2) The project will build upon but in the project in existing programs and ble applicant under §§ 183.11 and 183.21; no case duplicate previously undertaken with the resources normally available to (c) In the case of applications by local activities. it. (20 U.S.C. 1532(b) C3) (A) and 1532(c) school systems, the applicant indicates (c) The environmental education con­ (2) (C).) that the State education agency has re­ tent is sound— ceived a copy of the proposal for review (1) The content of the material to be § 183.33 Geographic distribution. and comments, (20 U.S.C. 1532(b)(3) used or developed by the project will be In determining awards, the Commis­ (B)); and technically accurate and valid for en­ sioner will also consider appropriate geo­ (d) The application, whether or not vironmental education purposes (see graphical distribution of approved pro­ submitted with respect to a project § 183.1); grams and projects throughout the Na­ funded in a previous year, complies with tion. (20 U.S.C. 1532(c) (2) (B).) the provisions in § 183.4 and meets the (2) The project is concerned with long published deadline for annual program term as well as imfhediate environmental Subpart E— General Terms and Conditions Sec. competition. (20 U.S.C. 1532(b) (c)). improvement. 183.40 Reports. § 183.32 Criteria for awards. (d) The personnel of the project are 183.41 Supplementation of effort. qualified— 183.42 Non-Federal share. Applications which have met the re­ 183.43 Allowable costs. quirements listed in § 1^2.31 will be fur­ (1) The applicant organization has 183.44 Payment procedure. ther evaluated by the Commissioner on provided evidence of its competence to 183.45 Withholding of Federal funds. the extent to which they meet the follow­ perform the task; 183.46 Fiscal procedures.

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 9440 PROPOSED RULES

Sec. § 183.45 Withholding of Federal funds. Secretary of Health, Education, and Wel­ 183.47 Retention of records. fare, and approved by the President, to 183.48 Civil rights. Neither the approval of the project effectuate the provisions of section 601 183.49 Model cities. proposal nor any payment to the grantee of the Civil Rights Act of 1964 (42 U.S.C. 183.50 Audits. shall be deemed to waive the right or 2000d-l). 183.51 Limitations on costs. duty of the Commissioner to withhold 183.52 Pinal accounting. or recover funds by reason of the failure § 183.49 Model cities. Authority.—Public Law 91—516, 84 Stat. of the grantee to observe any of the re­ In conformance with the Office of Edu­ 1312-1315, 20 U.S.C. 1531-1563. quirements of the act, the regulations in cation priority to impact funds in model this part, or the grant agreement. (20 Subpart E— Genera! Terms and Conditions neighborhoods, all applicants for proj­ U.S.C. 1232(d).) ects considered by the applicant to have § 183.40 Reports. § 183.46 Fiscal procedures. a significant impact on the model neigh­ The grant recipient shall submit an Each grantee receiving Federal funds borhood must secure a certification of annual report and such other reports, in for an approved project shall provide DHEW model cities relatedness (OMB such form and containing such informa­ for such fiscal control and fund account­ form 85-0145) from the director of the tion as the Commissioner requires. (20 ing procedures as are necessary to assure city demonstration agency (CDA). This U.S.C. 1532(b) (3) (A) (VI); 20 U.S.C. proper disbursement of, and accounting requirement is intended to assure coor­ 1534(c)). for, the Federal funds paid to itr and dination of programs within the model § 183.41 Supplementation of effort. the non-Federal contribution. Accounts neighborhood and to provide a mecha­ and supporting documents relating to nism for resident participation in the (a) Any application for general proj­ project expenditures shall be adequate planning, policy, employment, monitor­ ect funds under this part shall be ac­ to permit an accurate and expeditious ing, and evaluation processes of the pro­ companied by an assurance that Federal audit. (20 U.S.C. 1232c(b) (2).) posed project. Early and adequate in­ funds made available under the appli­ volvement of the city demonstration cation will supplement, and to the extent § 183.47 Retention of records. agency is necessary for a successful proj­ practicable, increase the amount of funds (a) Records.—Each recipient shall ect and the agency will work with you from non-Federal sources that would, in keep intact and accessible records relat­ to assure fulfillment of the requirements. the absence of such Federal funds be ing to the receipt and expenditure of This requirement pertains to all appli­ made available for activities under the Federal funds (and to the expenditure of cations: New, continuation, renewal, act and this part, and in no case sup­ the recipient’s contributon to the cost of supplemental, and amendments. Appli­ plant such funds. (20 U.S.C. 1532(b) (3) the project, if any) in accordance with cants for projects in a model city may (A) (iv)). section 434(a) of the General Educations determine whether the project affects (b) In determining whether the as­ Provisions Act, including all accounting a model neighborhood through consulta­ surance under paragraph (a) of this sec­ records and related original and support­ tion with the CDA director. In many tion is adequate the Commissioner may ing documents that substantiate direct instances, the proposer will find the CDA request additional data from the appli­ and indirect costs charged to the award. willing to share in the funding of a cant as he deems appropriate. (20 U.S.C. (b) Period of retention.—(1) Except project. The addresses of the CDA’s are 1532(b)(3)(A)). as provided in paragraph (b) (2) and (d) available from the ^Department of § 183.42 Non-Federal share. of this section, the records specified in Health, Education, and Welfare regional paragraph (a) of this section shall be offices (42 U.S.C. 3305(c)). Project costs defrayed by the appli­ retained (i) for 3 years after the date § 183.50 Audits. cant may be in cash or kind, fairly evalu­ of the submission of the final expendi­ ated, including but not limited to plant, ture report, or (ii) for grants and con­ (a) All expenditures by recipients shall equipment, and services. (20 U.S.C. 1532 tracts which are renewed annually, for be audited by the recipient or at the re­ (b) (3) (A) (iv)). 3 years after the date of the submission cipient’s direction to determine, at a min­ § 183.43 Allowable costs. of the annual expenditure report, and imum, the fiscal integrity of financial (2) records for nonexpendable personal transactions and reports, and the compli­ (a) Direct costs.—Allowable direct property which was acquired with Fed­ ance with laws and regulations. costs will be in accordance with the eral funds shall be retained for 3 years (b) The recipient shall schedule such cost principles prescribed by the after its final disposition. audits with reasonable frequency, usually Commissioner. (c) Microfilm copies.—Recipients may annually, but not less frequently than (b) Indirect costs.—(1) For training substitute microfilm copies in lieu of orig­ once every 2 years, considering the na­ projects (excluding those conducted by inal records in meeting the requirements ture, size, and complexity of the activity. State and local governments) indirect of this section. (c) Copies of audit reports shall be cost will be allowed at the rate of 8 per­ (d) Audit questions.—The records in­ made available to the Commissioner to cent of total direct costs or at the over­ volved in any claim or expenditure which assure that proper use has been made of head rate approved by the Department has been questioned by Federal audit the funds expended. The results of such of Health, Education, and Welfare, shall be further retained until resolution audits will be used to review the recipi­ Office of Grants Administration Policy of any such audit questions. ent’s records and shall be made avail­ (DHEW-OGAP), whichever basis results (e) Audit and examination.—The Sec­ able to Federal auditors. Federal auditors in the smaller figure. retary and the Comptroller General of shall be given access to such records or (2) For other than training projects,the United States, or any of their duly other documents as may be necessary to including those by State and local gov­ authorized representatives, shall have review the results of such audits. ernments, indirect costs will be allowed access for the purpose of audit and ex­ (d) Each recipient shall use a single for on the basis of the indirect cost rates amination to all such records and to auditor for all of its expenditures under that have been established by DHEW- any other pertinent books, documents, Federal education assistance programs, OGAP. (20 U.S.C. 1232(c) (b) (1).) papers, and records of the recipient. regardless of the number of Federal agencies providing such assistance. (20 § 183.44 Payment procedure. (OMB Circular No. A-73; OMB Circular No. A-102, attachment C; 20 U.S.C. U.S.C. 1232c(b) (2); OMB Circular No. Federal payment may be made either A-102, attachment G, 2, attachment 1232c(a)). in advance or by way of reimbursement, C,l). to be determined consistent with the na­ § 183.48 Civil rights. § 183.51 Limitations on costs. ture and activity of the services involved Assistance made available under the The amount of the award shall be set in the project, and in accordance with Environmental Election Act (Public forth in the grant award or contract doc­ the terms and conditions of the grant Law 91-516) is subject to the regula­ ument. The total cost to the Federal Gov­ agreement. (20 U.S.C. 1232(d).) tions in 45 CFR part 80 issued by the ernment will not exceed the amount set

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 PROPOSED RULES 9441 forth In the grant award or contract doc­ the proposed rule. The proposals con­ that loose ring nuts and a broken ring ument or any modification thereof ap­ tained in this notice may be changed in nut safety wire have been found in the proved by the Commissioner which meets the light of comments received. All com­ flap primary transmission system on the requirements of applicable statutes ments will be available, both before and BAC 1—11, 200 and 400 series airplanes and regulations. The Federal Govern­ after the closing date for comments, in that could result in a flap malfunction ment shall not be obligated to reimburse the Office of Regional Counsel, South­ and a hazard to safe flight. Since this the recipient for costs incurred in excess west Region, Federal Aviation Adminis­ condition is likely to exist or develop in of such amount unless and until the tration, 4400 Blue Mound Road, Fort other airplanes of the same type design, Commissioner has notified the recipient Worth, Tex. the proposed AD would require: (1) An in writing that such amount has been in­ This amendment is proposed under the initial adjustment of ring nut torque creased and has specified such increased authority of sections 313(a), 601, and 603 loading and a double wire locking of each amount in a revised grant award or con­ of the Federal Aviation Act of 1958 (49 ring nut; (2) a visual inspection for tract document. Such revised amount U.S.C. 1354(a), 1421,1423) and of section broken wires and a manual inspection shall thereupon constitute the revised 6(c) of the Department of Transporta­ for tightness of ring nuts and rewiring total cost of the performance of the grant tion Act (49 U.S.C. 1655(C)). and readjustment, if necessary, within or contract. (31 U.S.C. 200). In consideration of the foregoing, it is 800 to 1,000 hours’ time in service after proposed to amend § 39.13 of part 39 of the initial adjustment; and (3) . an in­ § 183.52 Final accounting. the Federal Aviation regulations by add­ spection and a repeat of the initial ad­ (a) In addition to such other account­ ing the following new airworthiness justment and wiring within 800 to 1,000 ing as the Commissioner may require the directive: hours’ time in service after the manual recipient shall render, with respect to the Bell. Applies to Model 206A and 206B heli­ inspection for tightness and visual in­ project, a full account of funds expended, copters, serial numbers 4 through 865 spection for broken wires. In addition, the obligated, and remaining. and 867 through 873, certificated in all proposed AD would request that reports (b) A report of such accounting shall categories, equipped with vertical fin, be submitted at each instance that a be submitted to the Commissioner within P/N 206-020-113-5, P/N 206-020-113-7 loose ring nut or broken lock wire is 90 days of the expiration or termination and P/N 206-020-113-9. found. of the grant or contract, and the recip­ Compliance required within the next 25 Interested persons are invited to par­ ient shall remit within 30 days of the re­ hours’ time.in service after the effective date ticipate in the making of the proposed ceipt of a written request therefor any of this AD, unless already accomplished rule by submitting such written data, amounts found by the Commissioner to within the last 25 hours’ time in service, and views, or arguments as they may desire. thereafter at intervals not to exceed 25 hours’ Communications should identify the be due. Such period may be extended at time in service from the last inspection. the discretion of the Commissioner upon To detect possible fatigue cracks in the docket number and be submitted in du­ the written request of the recipient. (20 skin of the vertical fin in the area of the tail plicate to the Federal Aviation Adminis­ U.S.C. 1232c(b) (3); 31 U.S.C. 628.) , boom attachment, accomplish the following: ~ tration, Office of the General Counsel, (a) Remove all tail fairing assemblies to attention: Rules docket, AGC-24, 800 In­ [FR Doc.73-7303 Filed 4-13-73;8:45 am] gain access to the inboard side of the vertical dependence Avenue SW., Washington, fin assembly. D.C. 20591. All communications received DEPARTMENT OF (b) Visually inspect the inboard skin of on or before May 16, 1973, will be con­ TRANSPORTATION the vertical fin in the area of attachment sidered by the Administrator before tak­ for any cracks, paying particular attenion to ing action upon the proposed rule. The Federal Aviation Administration the area aft of the upper rear attachment insert. proposals contained in this notice may be [ 14 CFR Part 39 ] (c) If any crack is found greater than 3.5 changed in the light of comments re­ [Airworthiness Docket No. 73-SW-14] inches in length, remove and replace the fin ceived. All comments will be available, before further flight. both before and after the closing date BELL MODEL 206A AND 206B (d) If any crack is found less than 3.5 for comments, in the rules docket for HELICOPTERS inches in length, the fin may be removed and replaced or repaired in accordance with examination by interested persons. Proposed Airworthiness Directives part II of Bell Helicopter Co. Service Letter This amendment is proposed under the The Federal Aviation Administration No. 206-203, revision B, dated February 13, authority of sections 313(a), 601, and 603 is considering amending part 39 of the 1973, or later FAA approved revision. of the Federal Aviation Act of 1958 (49 Federal Aviation regulations by adding (e) If no cracks are found, continue the U.S.C. 1354(a), 1421, and 1423), and of an airworthiness directive applicable to repetitive inspections specified above. section 6(c) of the Department of Trans­ (f) This AD is no longer applicable when portation Act (49 U.S.C. 1655(c)). Bell Model 206A and 206B helicopters. the fin is modified in accordance with part There have been reports of fatigue cracks I or II of Bell Helicopter Co. Service Letter In consideration of the foregoing, it is in the vertical fin, P/N 206-020-113-5, No. 206-203, revision B, dated February 13, proposed to amend § 39.13 of Part 39 of P/N 206-020-1137-7 and P/N 206-020- 1973, or later FAA approved revision. the Federal Aviation Regulations by add­ 113-9, on Bell Models 206A and 206B, (Bell Helicopter Co. Service Bulletin No. ing the following new airworthiness that could possibly result in damage to 206-01-73-1, dated January 9, 1973, pertains directive: to this subject.) the tail rotor, if allowed to progress be­ British Aircraft Corporation.—Applies to yond certain limits. Since this condition Issued in Fort Worth, Tex., on April 4, Model BAC 1—11, 200 and 400 series is likely to exist or develop in other heli­ 1973. airplanes. copters of the same type design, the pro­ H enry L. N ewman, Compliance is required as indicated. posed airworthiness directive would re­ Director, Southwest Region. To detect and secure loose ring nuts in the quire an inspection of the vertical fin for [FR Doc.73-7260 Filed 4-13-73;8:45 am] flap primary transmission system, accomplish cracks and repair as necessary on Bell the following: Models 206A and 206B. (a) Within the next 1,000 hours’ time in [ 14 CFR Part 39 ] service after the effective date of this AD, Interested persons are invited to par­ unless already accomplished within the last ticipate in the making of the proposed [Docket No. 12735] 1,000 hours’ time in service, comply with rule by submitting such written data, paragraph (d) of this AD. views, or comments as they may desire. BRITISH AIRCRAFT CORPORATION MODEL (b) Before the accumulation of 1,000 hours’ Communications should identify the BAC 1-11, 200 AND 400 SERIES AIR­ time in service after compliance with para­ docket number and be submitted in trip­ PLANES graph (a), but not before the accumulation licate to the Regional Counsel, Southwest Proposed Airworthiness Directives of 800 hours’ time in service after compliance Region, Federal Aviation Administration, with that paragraph— The FAA is considering amending part (1) Inspect, by hand, all ring nuts in the P.o. Box 1689, Fort Worth, Tex. 76101. 39 of the Federal Aviation Regulations by flap primary transmission system in the land­ All communcations received on or before adding an AD applicable to British Air­ ing gear bays and wings for tightness; and 11, 1973, (2) Inspect for broken ring nut lock wires. May will be considered by the craft Corp. model BAC 1-11, 200 and 400 (3) If any ring nut is found to be loose or Administrator before taking action upon series airplanes. There have been reports any ring nut lock wire is found to be broken

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 9442 PROPOSED RULES during the inspections required by subpara­ office of the Regional Counsel, Federal or arguments presented during such con­ graphs (1) and (2) of this paragraph, before Aviation Administration, 10455 East 25th ferences must also be submitted in writ­ further flight comply with paragraph (d) of Avenue, Aurora, Colo.,80010. ing in accordance with this notice in this AD. (c) Before the accumulation of .1,000 hours’ A revised VOR instrument approach order to become part of the record for time in service after compliance with para­ procedure is being developed for the consideration. The proposal contained graph (b) of this AD but not before the ac­ Jackson Hole Airport, Jackson, Wyo. Ac­ in this notice may be changed in the cumulation of 800 hours’ time in service after cordingly, it is necessary to alter the light of comments received. compliance with that paragraph— Jackson, Wyo., transition area to provide A public docket will be available for ex­ (1) Inspect all ring nuts in the flap pri­ additional controlled airspace for the amination by interested persons in the mary transmission system in the landing gear protection of aircraft executing these office of the regional counsel, Federal bays and wings for a correct torque loading procedures. of 35 to 45 pound feet, and inspect for any Aviation Administration, 10455 East 25th broken ring nut lock wires; and In consideration of the foregoing, the Avenue, Aurora, Colo. 80010. (2) Comply with paragraph (d) of this FAA proposes the following airspace Among the requirements for any con­ AD. action: trol zone is the necessity for a federally (d) Comply with the following as required In § 71.181 (38 FR 435) the description certified weather observer who must take by paragraphs (a), (b), and (c) of this AD: of the Jackson, Wyo., transition area is hourly and special weather observations (1) Adjust the torque loading of all ring amended to read: at the primary airport (the airport upon nuts in the flap primary transmission sys­ tem in the landing gear bays and wings to J ackson, Wyo. .which the control zone is designated). 35 to 45 pound feet; and That airspace extending upward from 700 These observations must be made during (2) Double wire lock each ring nut using feet above the surface within a 5-mile radius the days and hours the control zone is two separate pieces of locking wire. circle centered on the Jackson Hole Airport, effective. Frequent changes in effective (e) It is requested that after complying Wyo. (lat. 43°36'24" N., long. 110°44'13" W.) time of the control zone are anticipated with paragraphs (b) and (c) of this AD, within 5.5 miles west and 9.5 miles east of to coincide with the effective hours of reports of any loose ring nuts or broken ring the Jackson VOR 200° radial, extending from the Glasgow AFB weather station. These nut lock wires found, be forwarded to the the VOR to 24.5 miles south; and that air­ changes are necessary due to military Chief, Aircraft Certification Staff, AEU-100, space extending upward from 1,200 feet above PAA c/o American Embassy, APO New York the surface within 6 miles west and 9 miles personnel authorizations and operational 09667. Reports should specify the aircraft east of the Jackson VOR 020° radial, ex­ requirements of the air base. Therefore, serial number and location of the ring nuts tending from the VOR to 11 miles north to eliminate the lengthy rulemaking involved. [Reporting approved by the Bureau of the VOR, and within 6 miles north and process, it is proposed to utilize the of the Budget under BOB No. 04-RO174]. 9 miles south of the Dunoir, Wyo., VOR 282° NOTAM to publish the frequent changes [British Aircraft Corp. BAC 1-11 Alert Serv­ and 102° radiais, extending frpm 8 miles east anticipated in the effective times of the ice Bulletin No. 27-A-FM 5065, dated March to 21 miles west of the VOR and that air­ control zone. 9, 1972 covers this same subject.] space within 5 miles each side of the Jack- son VOR 107° radial extending from 9 to In consideration of the foregoing, the Issued in Washington, D.C., on April 9, 15 miles east of the VOR. FAA proposes the following airspace ac­ tion: 1973. This amendment is proposed under C. R. M eltjgin, Jr., In § 71.171 (38 FR 351) the description Acting Director, authority of section 307(a) of the Fed­ of Glasgow AFB, Mont., control zone is Flight Standards Service. eral Aviation Act of 1958, as amended amended as follows: (49 U.S.C. 1348(a)), and of section 6(c) After the last sentence of the control [PR Doc.73-7259 Piled 4-13-73;8:45 am] of the Department of Transportation Act zone description add * * * “This con­ (49 U.S.C. 1655(c)). trol zone shall be effective during the spe­ [ 14 CFR Part 71 ] Issued in Aurora, Colo., on April 5, cific dates and times established in ad­ [Airspace Docket No. 73-RM-10] 1973. vance by a notice to airmen. The effective M. M. Martin, date and time will thereafter be contin­ TRANSITION AREA Director, uously published in the Airmen’s Infor­ Proposed Alteration Rocky Mountain Region. mation Manual.” [PR Doc.73-7262 Piled 4-13-73;8:45 am] This amendment is proposed under The Federal Aviation Administration authority of section 307(a) of the Fed­ is considering an amendment to part 71 eral Aviation Act of 1958, as amended of the Federal Aviation Regulations [14 CFR Part 71] (49 U.S.C. 1348(a)), and of section 6(c) which would alter the transition area at [Airspace Docket No. 73-RM—13] of the Department of Transportation Jackson, Wyo. Act (49 U.S.C. 1655(c)). Interested persons may participate in CONTROL ZONE the proposed rulemaking by submitting Proposed Alteration Issued in Aurora, Colo., April 5, 1973. such written data, views, or arguments M. M. Martin, as they may desire. Communications The Federal Aviation Administration Director, should be submitted in triplicate to the is considering an amendment to part 71 . Rocky Mountain Region. Chief, Air Traffic Division, Federal Avia­ of the Federal Aviation Regulations tion Administration, Park Hill Station, which would alter the description of the [PR Doc.73-7261 Piled 4-13-73;8:45 am] P.O. Box 7213, Denver, Colo. 80207. All Glasgow Air Force Base, Mont., control communications received on or before zone. [ 14 CFR Part 71 ] May 10, 1973, will be considered before Interested persons may participate in action is taken on the proposed amend­ the proposed rulemaking by submitting M [Airspace Docket No. 73-GL-15] ment. No public hearing is contemplated such written data, views, or arguments TRANSITION AREA as they may desire. Communications at this time, but arrangements for in­ Proposed Designation formal conferences with Federal Avia­ should be submitted in triplicate to the tion Administration officials may be Chief, Air Traffic Division, Federal Avia­ The Federal Aviation Administration made by contacting the Regional Air tion Administration, Park Hill Station, is considering amending Part 71 of the Traffic Division Chief. Any data, views, P.O. Box 7213, Denver, Colo. 80207. All Federal Aviation Regulations so as to or arguments presented during such con­ communications received on or before designate a transition area at Superior, ferences must also be submitted in writ­ May 10, 1973, will be considered before ing in accordance with this notice in action is taken on the proposed amend­ Wis. order to become part of the record for ment. No public hearing is Contemplated Interested persons may participate in consideration. The proposal contained at this time, but arrangements for in­ the proposed rulemaking by submitting in this notice may be changed in the light formal conferences with Federal Avia­ such written data, views, or arguments as of comments received. tion Administration officials may be they may desire. Communications should A public docket will be available for made by contacting the Regional Air be submitted in triplicate to the Director, examination by interested persons in the Traffic Division Chief. Any data, views, Great Lakes Region, Attention: Chief,

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 PROPOSED RULES 9443 Air Traffic Division, Federal Aviation Ad­ ministration, 2300 East Devon Avenue, Director, Great Lakes Region, Attention: ministration, 2300 East Devon Avenue, Des Plaines, 111. 60018. All communica­ Chief, Air Traffic Division, Federal Avia­ Des Plaines, 111. 60018. All communica­ tions received on or before May 16, 1973, tion Administration, 2300 East Devon, tions received on or before May 16, 1973, will be considered before action is taken Avenue, Des Plaines, 111. 60018. All com­ will be considered before action is taken on the proposed amendment. No public munications received on or before on the proposed amendment. No public hearing is contemplated at this time, but May 16, 1973, will be considered before hearing is contemplated at this time, but arrangements for informal conferences action is taken on the proposed amend­ arrangements for informal conferences with Federal Aviation Administration ment. No public hearing is contemplated with Federal Aviation Administration of­ officials may be made by contacting the at this time, but arrangements for in­ ficials may be made by contacting the Re­ Regional Air Traffic Division Chief. Any formal conferences with Federal Aviation gional Air Traffic Division Chief. Any data, views, or arguments presented dur­ Administration officials may be made by data, views, or arguments presented dur­ ing such conferences must also be sub­ contacting the Regional Air Traffic Divi­ ing such conferences must also be sub­ mitted in writing in accordance with this sion Chief. Any data, views, or argu­ mitted in writing in accordance with this notice in order to become part of the rec­ ments presented during such conferences notice in order to become part of the rec­ ord for consideration. The proposal con­ must also be submitted in writing in ord for consideration. The proposal con­ tained in this notice may be changed in accordance with this notice in order to tained in this notice may be changed in the light of comments received. become part of the record for considera­ the light of comments received. A public docket will be available for tion. The proposal contained in this no­ A public docket will be available for ex­ examination by interested persons in the tice may be changed in the light of com­ amination by interested persons in the Office of the Regional Counsel, Federal ments received. Office of the Regional Counsel, Federal Aviation Administration, 2300 East Devon A public docket will be available for Aviation Administration, 2300 East Avenue, Des Plaines, 111. 60018. examination by interested persons in the Devon Avenue, Des Plaines, 111. 60018. An RNAV approach procedure has Office of the Regional Counsel, Federal A new public use instrument approach been developed for the Piqua Airport, Aviation Administration, 2300 East procedure has been developed for the Piqua, Ohio. Additional airspace is Devon Avenue, Des Plaines, 111. 60018. Richard I. Bong Airport, Superior, Wis. required to protect the procedure. Ac­ Radar approach procedures have been Consequently, it is necessary to provide cordingly, it is necessary to alter the developed for the Rochester Airport, controlled airspace protection for air­ Piqua transition area to adequately pro­ Rochester, Minn. Additional controlled craft executing this new approach pro­ tect the aircraft executing the new ap­ airspace is required for their protection. cedure by designating a transition area proach procedure. In consideration of the foregoing, the at Superior, Wis. The new procedure will In consideration of the foregoing, the Federal Aviation Administration pro­ become effective concurrently with the Federal Aviation Administration pro­ poses to amend part 71 of the Federal designation of the transition area. poses to amend part 71 of the Federal Aviation regulations as hereinafter set In consideration of the foregoing, the Aviation regulations as hereinafter set forth: Federal Aviation Administration pro­ forth: In § 71.181 (38 FR 435), the following poses to amend part 71 of the Federal In § 71.181 (38 FR 435), the following transition area is added: transition area is added: Aviation Regulations as hereinafter set R ochester, Min n . forth: P iqua, Ohio That airspace extending upward from 700 In § 71.181 (38 FR 435), the following That airspace extending upward from 700 feet above the surface within a 19%-mile transition area is added: feet above the surface within a 5-mile radius radius of Rochester Municipal Airport (lat. Superior, Wis . of the Piqua Airport (lat. 40°09'55" N., long. 43°54'32" N., long. 92°29'47'' W.); and within 84°18'37" W.); and within 2 miles each side 4% miles southwest and 9% miles northeast That airspace extending upward from 700 of the Dayton VORTAC 023° radial extending of the Rochester ILS localizer southeast feet above the surface within a 5-mile radius from the 5-mile radius area to the VORTAC, course, extending from the 19%-mile radius of the Richard I. Bong Airport (lat. 46°40'55" and within 1.5 miles each side of the 078° to 24 miles southeast of the airport, and that N., long. 92°05'35" W.), excluding the por­ bearing from the airport extending from the airspace extending upward from 1,200 feet tion which overlies the Duluth, Minn., transi­ 5-mile radius area to 6 miles northeast, above the surface within 5 miles west and 7 tion area. excluding that portion overlying the Sidney, miles east of the Rochester VOR 173° radial, This amendment is proposed under the Ohio transition area. extending from the Minnesota Iowa border to authority of section 307(a) of the Fed­ This amendment is proposed under the 38 miles south of the VOR. eral Aviation Act of 1958 (49 U.S.C. 1348), authority of section 307(a) of the Federal This amendment is proposed under the and of section 6 (c) of the Department of Aviation Act of 1958 (49 U.S.C. 1348), authority of section 307(a) of the Fed­ Transportation Act (49 U.S.C. 1655 (c)). and of section 6(c) of the Department of eral Aviation Act of 1958 (49 U.S.C. Issued in Des Plaines, 111., on March 23, Transportation Act (49 U.S.C. 1655(c)). 1348), and of section 6(c) of the Depart­ 1973. ment of Transportation Act (49 U.S.C. Issued in Des Plaines, 111., on March 27, 1655(c)). R. O. Ziegler, 1973, Acting Director, R. O. Ziegler, Issued in Des Plaines, 111., on March 27, Great Lakes Region. Acting Director, 1973. [PR Doc.73-7263 Filed 4-13-73;8:45 ami Great Lakes Region. R. O. Ziegler, [PR Doc.73-7264 Piled 4-13-73;8:45 am] Acting Director, Great Lakes Region. [ 14 CFR Part 71 ] [PR Doc.73-7265 Piled 4-13-73;8:45 am] [Airspace Docket No. 73-GLr-18] [ 14 CFR Part 71 ] TRANSITION AREA [Airspace Docket No. 73-GL-16] SECURITIES AND EXCHANGE Proposed Alteration TRANSITION AREA COMMISSION The Federal Aviation Administration Proposed Alteration [ 17 CFR Part 249 ] is considering amending part 71 of the The Federal Aviation Administration [Release No. 34-10085; Pile No. 57-480] Federal Aviation regulations so as to is considering amending part 71 of the alter the transition area at Piqua, Ohio. Federal Aviation regulations so as to NONMEMBER BROKER-DEALERS Interested persons may participate in alter the transition area at Rochester, Proposed Annual Fees for Fiscal Year 1973 the proposed rulemaking by submitting Minn. The Securities and Exchange Commis­ such written data, views, or arguments as Interested persons may participate in they may desire. Communications should the proposed rulemaking by submitting sion has announced a proposal to set fees be submitted in triplicate to the Director, such written data, views, or arguments for the fiscal year 1973 for registered Great Lakes Region, Attention: Chief, as they may desire. Communications broker-dealers who are not members of Air Traffic Division, Federal Aviation Ad­ should be submitted in triplicate to the the National Association of Securities

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 9444 PROPOSED RULES Dealers, Inc. (“nonmember broker- The Commisison proposes the fore­ attained the age of 26 years in the order dealers”)• going amendment to be effective June 1, in which their random sequence num­ Sections 15(b) (8) and 15(b) (9) of the 1973. All interested persons may submit ber had been reached. Securities Exchange Act of 1934 author­ their comments to the Commission at its (3) Nonvolunteers in the first priority ize the Commission to collect such rea­ office in Washington, D.C. 20549, no later selection group for the current calendar sonable fees and charges as may be than April 20,1973. All comments should year in the order of their random se­ necessary to defray the costs of addi­ refer to file No. S7-480. Copies of the pro­ quence number established by random tional regulatory duties required to be posed form SECO-4 (17 CFR 249.504g) selection procedures prescribed in ac­ performed with respect to nonmember to be amended have been filed with the cordance with § 1631.1. brokeivdealers. Pursuant to the above Office of the Federal Register, and addi­ (4) Non volunteers who have not at­ sections the Commission has adopted rule tional copies are available on request tained the age of 26 years in each of the 15b9-l (17 CFR 240.15b9-l) to establish from the Commission at th e x above lower priority selection groups, in turn, initial fees and rule 15b9-2 (17 CFR address. with the group in the order of their 240.15b9-2) to provide for annual assess­ (Sec. 15(b), 48 Stat. 895, as amended, 78 Stat. random sequence number established by ments. This proposal deals with the 565, 15 U.S.C. 78o; Sec. 23(a), 48 Stat. 901, as random selection procedures prescribed amendment of form SECO-4 (17 CFR amended, 49 Stat. 1379, sec. 8, 15 U.S.C. 78w.) in accordance with § 1631.1. (5) Nonvolunteers who have attained 249.504g) under rule 15b9-2 providing for By the Commission. annual assessments. The forms requiring the age of 19 years during the calendar initial fees forms SECO-2 (17 CFR [seal] R onald F. H unt, year but who have not attained the age 249.502) and SECO-5 (17 CFR 249.505) Secretary. of 20 years, in the order of their random would not be changed.1 April 6,1973. sequence number established by random In general, rule 15b9-2 now provides [FR Doc.73-7288 Filed 4-13-73;8:45 am] selection procedures prescribed in ac­ cordance with § 1631.1. for an annual assessment payable by (6) Nonvolunteers who have attained nonmember (SECO) brokers or dealers SELECTIVE SERVICE SYSTEM which is comprised of: (D A base fee the age of 26 years and each year there­ [ 32 CFR Part 1631 ] after in turn, most recent year first, with­ applicable to all such brokers or dealers; in the year group in the order of their and (2) a fee for each associated person ALLOCATIONS OF INDUCTIONS engaged directly or indirectly in securi­ random sequence number established by ties activities for or on behalf of the Proposed Rulemaking random selection procedures prescribed broken or dealer. Pursuant to the Military Selective in accordance with § 1631.1: Provided, Service Act, as amended' (50 U.S.C. App., That the random sequence number es­ P roposed Annual F ees for F iscal Year 451 et seq.), and Executive Order 11623 tablished on December 1,1969, will apply 1973 dated October 12, 1971, the. Director of to any registrant born prior Janu­ Each fiscal year the annual assessment Selective Service hereby gives public ary 1, 1944. is set forth on form SECO-4 for that par­ notice that consideration is being given (7) Non volunteers who have attained ticular year. This year’s assessment, to to the following proposed amendments the age of 18 years and 6 months and be set forth on SECO-4-73,2 will include to the Selective Service regulations con­ who have not attained the age of 19 years a base fee of $175 and a fee of $10 for stituting a portion of chapter XVI of the in the order of the random sequence each associated person. These increases Code of Federal Regulations. These regu­ number established by random selection have been necessitated by substantial lations implement the Military Selective procedures prescribed in accordance with recent reductions in the number of as­ Service Act, as amended (50 U.S.C. App., § 1631.1 for registrants who during the sessable personnel associated with SECO 451 et seq.)v current calendar year have attained the firms and by increased costs to the Com­ These proposed amendments, if made age of 19 years but who have not attained mission in administering the SECO pro­ effective, would establish new definitions the age of 20 years. gram as to the remaining firms and their for the various selection groups and pro-. (c) Definitions.—(1) Extended prior­ associated persons. vide for the selection or induction among ity selection group consists of registrants registrants in all of the various groups who were members of the first priority T ext of P roposed R ule of nonvolunteers on the basis of random selection group for the calendar year 1973 The Securities and Exchange Commis­ selection (lottery). or for any subsequent calendar year and sion, acting pursuant to the provisions All persons who desire to submit views who were not inducted when their ran­ of the Securities Exchange Act of 1934, to the Director on the proposals should dom sequence number was reached. and particularly sections 15(b) and 23(a) prepare them irr writing and forward (2) First priority selection group for thereof, hereby proposes to amend part them to the Director, Selective Service each calendar year consists of registrants 249 of title 17 of the Code of Federal System, attention: LID, 1724 F Street who prior to January of such calendar Regulations by adopting § 249.504(g) as NW., Washington, D.C. 20435. Comments year have attained the age of 19 years follows: received on or before May 16, 1973. but not of 20 years. The proposed amendments follow: (3) Lower priority selection groups: § 249.504g (Form SECO-4-73); 1973 One or more priority selection groups assessment and information form for Section 1631.6 (b), (c), (d), is amended lower than the first priority selection registered brokers and dealers not to read as follows and (e) is revoked. members of a registered national se­ group in a given year. curities association. § 1631.6 Action by local board upon re­ (4) “Reached” random sequence num­ ceipt of allocation. ber: .A registrant’s random sequence This form shall be filed on or before $ $ $ $ number will be deemed to have been June 1, 1973, pursuant to § 240.15b9-2 of “reached” if such number is equal to or this chapter accompanied by the annual (b) Registrants shall be selected and ■Ordered to report for induction in the lower than the random sequence number assessment fee required thereunder, for set by the Director of Selective Service the fiscal year ended June 30, 1973, by following categories and in the order or the highest random sequence number every registered broker and dealer not a indicated: to be ordered for induction for that cal­ member of a registered national securi­ (1) Volunteers who have not attained endar year for any registrant in that ties association. the age of 26 years in the sequence in priority selection group, whichever is which they have volunteered for lower. 1 The initial fees now in effect which would induction. (d) Procedures.—(1) Local boards remain unchanged are as follows: $150 fee shall identify registrants in the appro­ required to accompany form SECO-5 which is (2) Nonvolunteers in the extended priate groups as provided in this section. filed on behalf of the broker-dealer; $35 fee priority selection group who have not required by form SECO-2 which is filed on (2) Members of the first priority selec­ behalf of each associated person of the bro­ tion group on December 31 in any calen­ ker-dealer. 8 Filed as part of the original document. dar year whose random sequence number

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 PROPOSED RULES 9445 had been reached but who had not been (5) Whenever the Secretary of De­ inducted during the calendar year shall fense fails to place a call for the induc­ be assigned to the extended priority se­ tion of men into the Armed Forces in lection group. (3) Members of the first priority se­ any calendar year, registrants in the ex­ lection group on December 31 in any tended priority selection group who were calendar year whose random sequence members of the first priority selection number had not been reached shall be' group in the immediately preceding assigned to a lower priority selection calendar year shall be assigned to a lower group. priority selection group. (4) On December 31 of each year, each priority selection group below the first (e) [Revoked]. priority selection group shall be reduced Byron V. P epitone, one step further in priority. In this man­ Director. ner the second priority selection group April 11, 1973. would become the third, the third would become the fourth, and so on. [PR Doc.73-7310 Piled 4-13-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 No. 72—Pt. I----i 9446 Notices

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

DEPARTMENT OF STATE [Public Notice CM-22] DEPARTMENT OF THE TREASURY [Public Notice 387] SHIPPING COORDINATING COMMITTEE Internal Revenue Service CULTURALLY SIGNIFICANT OBJECTS Subcommittee or Code of Conduct for [Delegation Order 131] Liner Conferences; Notice of Meeting Temporary Exhibition Within United States ASSISTANT COMMISSIONER A meeting of the Subcommittee on the Notice is hereby given of the following (STABILIZATION) ET AL. determination: Code of Conduct for Liner Conferences Delegation of Authority Regarding Issu­ Pursuant to the authority vested in me will be held at 10 a.m. on Wednesday, ance of Subpoenas With Regard to Cer­ by the act of October 19, 1965 (79 Stat. April 25,1973, in room 6824, Department tain Stabilization Matters 985), Executive Order 11312 of Octo­ of State, to consider preparation of The authority delegated to the Com­ ber 14, 1966 (31 FR 13415, October 18, United States positions for the next ses­ missioner of Internal Revenue by Cost 1966) and delegation of authority No. 113 sion of the United Nations Conference of Living Council Order No. 15B in con­ of December 23, 1966 (32 FR 58, Jan. 5, on Trade and Development (UNCTAD) nection with the administration of the 1967) , I hereby determine that (1) the Economic Stabilization Act of 1970, as objects in the exhibition “The Far North, Preparatory Committee of the Code of amended, is hereby redelegated to the 2,000 Years of American Eskimo and Conduct for Liner Conferences, to be following officials: Indian Art”,' as specified in the book filed held in Geneva, June 4-29,1973. Assistant Commissioner (Stabilization) as a part of this determination,1 im­ The meeting will be closed to the pub­ Regional Commissioners ported from Canada, Denmark, Finland, lic, under a determination to do so, made Assistant Regional Commissioners (Stabiliza­ Germany, Ireland, the Netherlands, tion) Switzerland, the Union of Soviet Socialist under the provisions of section 10(d) of District Directors Republics, and the United Kingdom, pur­ Public Law 92-463. suant to loan agreements between per­ For information regarding the meet­ The authority delegated herein may be sons in those countries and Mitchell A. redelegated only by the officials specified ing, contact Mr. Ronald A. Webb, Chair­ in this order and may not be redelegated Wilder, Director of the Amon Carter man, Shipping Coordinating Committee, Museum of Western Art, Fort Worth, by those officials to whom the specified Texas, on behalf of the National Gallery Department of State, Washington, D.C. officials redelegate. of Art, Washington, D.C., the Anchorage 20520, telephone (area code 202) Issued on April 9, 1973. Historical and Fine Arts Museum, 632-1313. Anchorage, Alaska, the Portland Art R onald A. Webb, Effective date.—April 9,1973. Museum, Portland, Oreg., and the Chairman, [seal] J ohnnie M. Walters, Amon Carter Museum of Western Art, Shipping Coordinating Committee. Commissioner. Fort Worth, Tex., for temporary exhi­ April 6,1973. [FR Doc.73-7324 Filed 4-13-73;8:45 am] bition without profit within the United States are of cultural significance and, [PR Doc.73-7287 Filed 4-13-73;8:45 am] that (2) the temporary exhibition or DEPARTMENT OF DEFENSE display of such objects within the United Department of the Navy States, at the National Gallery of Art, Agency for International Development Washington, D.C., on or about March 3 ASSISTANT ADMINISTRATOR, BUREAU NAVAL POSTGRADUATE SCHOOL to May 20, 1973; at the Anchorage His­ FOR ASIA EDUCATION PROGRAM torical and Fine Arts Museum, Anchor­ Rescission of Redelegation of Authority Notice of Public Meeting age, Alaska, on or about June 10 to Sep­ In accordance with the provisions of tember 9, 1973; at the Portland Art Pursuant to the authority delegated to Federal Advisory Committee Act (Public Museum, Portland, Oreg., on or about me by delegation of authority No. 92, Law 92-463), announcement is made of a September 23 to November 18, 1973; and from the Administrator, dated July 29, at the Amon Carter Museum of Western public meeting of the Board of Advisors Art, Fort Worth, Tex., on or about De­ 1971 (36 FR 14483), I hereby rescind to the Superintendent of the Naval Post­ cember 6, 1973, to February 3, 1974; is in the redelegation of authority from the graduate School, to be held beginning at the national interest. Assistant Administrator / Coordinator, 8 a.m. on Thursday, May 3,1973, and con­ tinuing through Friday, May 4,1973. The Public notice of this determination is Bureau for Supporting Assistance to the Board of Advisors will meet in the con­ ordered to be published in the F ederal Assistant Administrator, Bureau for the ference room of the Naval Postgraduate R egister. Near East—South Asia, dated Septem­ School, Monterey, Calif. J ohn R ichardson, Jr., ber 2, 1971 (36 FR 18960), relating to (1) Purpose.—The Board was ap­ Assistant Secretary for certain functions concerning the coun­ pointed to advise and assist the Super­ Educational and Cultural Affairs. try of Jordan. intendent concerning the Naval Post­ graduate School education program. April 10,1973. This rescission is effective immediately. (2) Membership.—The acting chair­ [PR Doc.73-7304 Piled 4-13-73;8:45 am] Dated April 6, 1973. man of the Board is Adm. James S. Rus­ R obert H. Nooter, sell, USN, retired, and the Board is com­ 1 The Far North, 2,000 Years of American Assistant Administrator, posed of the following; Dr. Ralph D. Eskimo and Indian Art, National Gallery of Bennett; Rear Adm. William A. Brockett, Art, Washington, D.C., 1973. Filed as part of Bureau for Supporting Assistance.. USN, retired; Mr. Richard R. Hough; Dr. the original document. [FR Doc.73-7253 Filed 4-13-73;8:45 am] Neil H. Jacoby; Adm. Isaac C. Kidd,

m

FEDERAL REGISTER, V O L 38, NO. 72— MONDAY, APRII 16, 1973 NOTICES 9447 [ INT FES 73-16] USN; Provost George J. Maslach; Dr. tional Park Service, 1709 Jackson Street, Dean E. McHenry; Dr. David S. Potter; Omaha, Nebr. 68102. WORLD HERITAGE CONVENTION and Mr. Emmett C. Solomon. Dated April 9,1973. Notice of Availability of Final (3) Activities.—This will be the ninth Environmental Statement meeting of the Board of Advisors. Dis­ W. W. Lyons, cussions will be held on a school study to Deputy Assistant Secretary Pursuant to section 102(2) (C) of the examine long-range effects of graduate of the Interior. National Environmental Policy Act of [FR Doc.73-7243 Filed 4-13-73;8:45 am] 1969, the Department of the Interior has education on a naval career. prepared a final environmental state­ (4) Agenda.—A short report by the ment for Ihe World Heritage Convention Superinfendent, election of a chairman, [INT FES 73—17] gp.d discussions and deliberations on the concluded by UNESCO on November 16, school study are scheduled. WILLOW CREEK RECREATION SITE, 1972. HERON RESERVOIR, N. MEX. The. convention provides for the es­ H. B. R obertson, Jr., tablishment of an international system Rear Admiral, JAGC, U.S. Navy, Notice of Availability of Final for protecting natural and cultural herit­ Acting Judge Advocate General. Environmental Statement . age throughout the world that is of out­ Pursuant to section 102(2) (c) of the standing universal value. For purposes March 29,1973. National Environmental Policy Act of of the convention, international protec­ [FR Doc.73-7255 Filed 4-13-73;8:45 am] 1969, the Department of the Interior has tion is understood to mean establish­ prepared a final environmental state­ ment of a system of international coop­ DEPARTMENT OF THE INTERIOR ment for the proposed construction of eration designed to support efforts of roads and utilities, Willow Creek Rec­ nations ratifying the convention to iden­ Office of the Secretary reation Site, Heron Reservoir, N. Mex. tify and preserve that heritage. [INT FES 73-14] The environmental statement dis­ Copies are available for inspection at: GRANT-KOHRS NATIONAL HISTORIC cusses the effects of developments con­ Office of International Activities, room 5312, SITE, MONT. sisting of an entrance road and car-boat Department of the Interior, Washington, trailer parking area, residential road, D.C. 20240, Telephone 202-343-5678. Notice of Availability of Final complete water system, underground Environmental Statement Single copies may be obtained by writ­ powerlines, comfort station and sewage ing to the Office of International Activi­ Pursuant to section 102(2) (c) of the system. National Environmental Policy Act of Copies are available for inspection at ties. In addition, copies may be 1969, the Department of the Interior has the Office of the Director, Southwest purchased from the National Technical prepared a final environmental state­ Region, 1100 Old Santa Fe Trail, Santa Information Service, Department of ment on the proposed establishment of Fe, N. Mex. 87501. Single copies may be Commerce, Springfield, Va. 22151. Please Grant-Kohrs National Historic Site, obtained by writing to the same official, refer to the statement number above. Mont. P.O. Box 728, Santa Fe, N. Mex. 87501. Dated April 9,1973. The statement discusses the social, eco­ Dated April 10,1973. W. W. Lyons, nomic, and ecological effects of estab­ Deputy Assistant Secretary lishing a National Historic Site of ap­ W. W. Lyons, of the Interior. proximately 1,487 acres. Deputy Assistant Secretary Copies of the final environmental of the Interior [FR Doc.73-7242 Filed 4-13-73; 8:45 am] statement are available from or for in­ [FR Doc.73-7245 Filed 4-13-73;8:45 am] spection at the following locations: Bureau of Land Management Midwest Regional Office, National Park Serv­ [INT FES 73-18] [FES 73-19] ice, 1709 Jackson St., Omaha, Nebr. 68102. Superintendent, Yellowstone National Park, GREAT SAND DUNES NATIONAL PROPOSED OUTER CONTINENTAL SHELF Yellowstone National Park, Wyo. 82190. MONUMENT, COLO. OIL AND GAS LEASE SALE OFFSHORE EASTERN TEXAS Dated April 9,1973. Notice of Availability of Final Environmental Statement Availability of Final Environmental Impact W. W. Lyons, Statement Deputy Assistant Secretary Pursuant to section 102(2) (C) of the of the Interior. National Environmental Policy Act, the Pursuant to section 102(2) (C) of the [FR Doc.73-7244 Filed 4-13-73;8:45 am] Department of the Interior has prepared National Environmental Policy Act of a final environmental statement for pro­ 1969, the Bureau of Land Management, posed wilderness classification for Great Department of the Interior, has pre­ [INT FES 73-15] pared a final environmental impact state­ Sand Dunes National Monument, Colo­ ment relating to a proposed Outer FOSSIL BUTTE NATIONAL MONUMENT, rado. Continental Shelf General Oil and Gas WYO. The final environmental statement Lease Sale. The environmental statement Notice of Availability of Final considers the designation of 32,930 acres considers 129 tracts of Outer Continen­ Environmental Statement of Great Sand Dunes National Monu­ tal Shelf lands which have been identi­ Pursuant to section 102(2) (C) of the fied for oil and gas leasing potential. ment as wilderness. All are located in the Gulf of Mexico; National Environmental Policy Act, the Copies are available from or for in­ Department of the Interior has prepared i24 tracts are offshore eastern Texas a final environmental statement for the spection at the following locations: and five tracts are offshore western proposed Fossil Butte National Monu­ Midwest Regional Office, National Park Serv­ Louisiana. ment, Wyo. ice, 1709 Jackson, Omaha, Nebraska 68102. Reading copies of the “Final Environ­ The environmental statement con­ Great Sand Dunes National Monument, P.Q. mental Impact Statement” are available siders the effects of establishment of an Box 60, Alamosa, Colo. 81101. in room 5643 of the Interior Building in 8,180-acre Fossil Butte National Monu­ Washington, D.C., and in BLM’s New ment in Lincoln County, Wyo., as a unit Dated April 10,1973. Orleans Office. Copies may be obtained of the National Park System. W. W. Lyons, for $3 by writing the Director, Bureau Copies are available from or for in­ Deputy Assistant Secretary of Land Management (130), U.S. De­ spection at the following location: Office of the Interior. partment of the Interior, Washington, of the Director, Midwest Region, Na­ [FR Doc.73-7246 Filed 4-13-73;8:45 am] D.C. 20240, or the Manager, BLM Outer

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 9448 NOTICES

Continental Shelf Office, suite 3200, the so that they can be included in the hear­ HERBICIDE CONTROL OF SAGEBRUSH Plaza Tower, 1001 Howard Avenue, New ing record. AND WYETHIA IN WYOMING Orleans, La. 70113. Dated April 11,1973. Notice of Availability of Final B urt S ilcock, Environmental Statement G. G. S tamm, Director, Acting Commissioner Pursuant to section 102(2) (C) of the Bureau of Land Management. of Reclamation. National Environmental Policy Act of Approved April 12, 1973. 1969, the Forest Service, Department of Approved April 12, 1973. [FR Doc.73-7323 Filed 4-13-73; 8:45 am] Agriculture, has prepared a final environ­ mental statement for herbicide control W. W. Lyons, DEPARTMENT OF AGRICULTURE Deputy Assistant Secretary of sagebrush and wyethia in Wyoming. Forest Service Report No. USDA-FS-FES (Adm) 73-39. of the Interior. The environmental statement applies [FR Doc.73-7415 Filed 4r-13-73;9:44 am] HERBICIDE CONTROL OF SAGEBRUSH to national forest land administered by AND WYETHIA IN UTAH the Intermountain Region, Forest Serv­ Bureau of Reclamation » Notice of Availability of Final ice, USDA in western Wyoming. It covers Environmental Statement the practice of applying the herbicide AUTHORIZED INITIAL STAGE, GARRISON 2,4-dichlorophenoxyacetic acid (2,4-D) DIVERSION UNIT, N. DAK. Pursuant to section 102(2) (C) of the National Environmental Policy Act of each year to approximately 2,000 acres of Public Hearing Regarding Draft 1969, the Forest Service, Department of land covered by dense stands of sage­ Environmental Statement Agriculture, has prepared a final envi­ brush and wyethia. Pursuant to section 102(2) (C) of the ronmental statement for Herbicide Con­ This final environmental statement National Environmental Policy Act of trol of Sagebrush and Wyethia in Utah. was filed with CEQ on March 29, 1973. 1969, the Department of the Interior has Report No. USDA-FS-FES (Adm ) 73-39. Copies are available for inspection prepared a draft environmental state­ The environmental statement applies during regular working hours at the fol­ ment for the initial stage of Garrison to national forest land administered by lowing locations: Diversion Unit, N. Dak. This statement the Intermountain Region, Forest Serv­ USDA, Forest Service, South Agriculture INT DES 73-24 dated April 5, 1973, was ice, USDA in Utah. It covers the practice Bldg., Room 3230, 12th Street and Inde­ made available to the public on April 10, pendence Avenue SW., Washington, D.C. of applying the herbicide 2,4-dichloro- 20250. 1973. phenoxyacetic acid (2,4-D) each year to USDA, Forest Service, 437 East Main Street, The draft environmental statement approximately 5,000 acres of land cov­ Vernal, Utah 84078. deals with a proposed diversion of water ered by dense stands of sagebrush and USDA, Forest Service, Federal Building, Room from Lake Sakakawea on the Missouri wyethia. 5002, 324 25th Street, Ogden, Utah 84401. River for the purpose of irrigation, flood This final environmental statement USDA, Forest Service, 420 North Bridge control, fish and wildlife enhancement, was filed with CEQ on March 29, 1973. Street, St. Anthony, Idaho 83445. recreation, and municipal water. Copies are available for inspection dur­ USDA, Forest Service, P.O. Box 31, Forest A public hearing will be held in Minot, ing regular working hours at the follow­ Service Building, Kemmerer, Wyo. 83101. USDA, Forest Service, 4438 Federal Building, N. Dak., in the Armory Arena on May 21 ing locations: 125 South State, Salt Lake City, Utah and 22, 1973, starting at 10 a.m. on USDA, Forest Service, South. Agriculture 84111. May 21, to receive views and comments Building, Room 3230, 12th Street and In­ USDA, Forest Service, P.O. Box 1888, .Forest from representatives of interested orga­ dependence Avenue SW., Washington, D.C. Service Building, Jackson, Wyo. 83001. nizations or individuals relating to the 20250. environmental impacts of this unit. Oral USDA, Forest Service, 437 East Main Street, Copies are available upon request from statements at the hearing will be limited Vernal, Utah 84078. the National Technical Information to a period of 10 minutes. Speakers will USDA, Forest Service, Federal Building, Service, U.S. Department of Commerce, not trade their time to obtain a longer Room 5002, 324 25th Street, Ogden, Utah Springfield, Va. 22151. Please refer to 84401. name and number of the statement above oral presentation; however, the person USDA, Forest Service, 350 East Main Street, authorized to conduct the hearing may Price, Utah 84501. when ordering. allow any speaker to provide additional USDA, Forest Service, 500 South Main Street, Copies of the environmental statement oral comment after all persons wishing Cedar City, Utah 84720. have been sent to various Federal, State, to make comment have been heard. USDA, Forest Service, 170 North Main, Rich­ and local agencies outlined in the council Speakers will be scheduled according to field, Utah 84701. on environmental quality guidelines. the time preference mentioned in their USDA, Forest Service, 4438 Federal Building, Dated April 10, 1973. letters or telephone requests, whenever 125 South State, Salt Lake City, Utah 84111. P hilip L. Thornton, possible, and any scheduled speaker not USDA, Forest Service, P.O. Box 1428, Provo, present when called will lose his or her Utah 84601. Deputy Chief, Forest Service. privilege in the scheduled order and his USDA, Forest Service, 1525 Addison Avenue [FR Doc.73-7275 Filed 4r-13-73;8:45 am] name will be recalled at the end of the East, Twin Falls, Idaho 83301. scheduled speakers. Copies are available upon request from APACHE NATIONAL FOREST Organizations or individuals desiring the National Technical Information to present their statements at the hearing Service, U.S. Department of Commerce, Notice of Availability of Draft should contact Project Manager, Theo­ Springfield, Va. 22151. Please refer to Environmental Statement dore Mann, Bureau of Reclamation, P.O. name and number of the statement above Pursuant to section 102(2) (C) of the Box 1017, 304 East Broadway Avenue, when ordering. National Environmental Policy Act of Bismarck, N. Dak. 58501, telephone 701- Copies of the environmental state­ 1969, the Forest Service, Department of 255-4011, extension 4243, and announce ment have been sent to various Federal, Agriculture, has prepared a draft envi­ their intention to participate, before 4:30 State, and local agencies outlined in the ronmental statement for a proposed p.m., May 17,1973. Council on Environmental Quality timber management plan for the Apache Guidelines. < National Forest, USDA-FS-DES (Adm) Written comments from those unable 73-42. to attend, and from those wishing to sup­ Dated April 10,1973. The purpose of the statement is to con­ plement their oral presentation at the P hilip L. Thornton, sider probable environmental effects of hearing should be sent on or before Deputy Chief, Forest Service. the proposed timber management pro­ May 31, 1973, to Project Manager Mann, [FR Doc.73-7277 Filed 4-13-73;8:45 am] gram.

FEDERAL REGISTER, V O L 38, NO. 72— MONDAY, APRIL 16, 1973 NOTICES 9449 The draft environmental statement Export Control Act of 1949.1 The charg­ Value of was filed with CEQ on March 30, 1973. ing letter was duly served and the re­ Date: commodities Copies are available for inspection dur­ spondents appeared by counsel. December 23, 1967______$2, 520 ing regular working hours at the follow­ The charging letter alleges in sub­ January 23, 1968-______i___ 650 February 2, 1968______5,800 ing locations: stance that during the period between February 8, 1968______12, 550 USDA, Forest Service, South. Agriculture December 1967, and February 1968, the February 19, 1968______9, 075 Building, room 3230, 14th Street and In­ respondents made five exportations by dependence Avenue SW., Washington, D.C. mail of electronic equipment to parties 3. The commodities exported in each 20250. in Austria without obtaining the re­ of the above shipments were electronic USDA, Forest Sérvice, Southwestern Region, quired validated export license, With items of a strategic nature and required 517 Gold Avënue SW., Albuquerque, N. Mex. respect to each of these exportations it is validated licenses for exportation to 87101. also alleged that respondents, in order to Austria. The respondents knew and had Apache National Forest, Box 640, Springer- effectuate the exportations, made false reason to know that a validated license ville, Ariz. 85938. and misleading representations to and was required for each pf said exporta­ Copies are available from the National concealed material facts from Post Office tions. The respondents made each of employees. It is further alleged that on said exportations without applying for Technical Information Service, U.S. De­ and obtaining the required validated ex­ partment Qf Commerce, Springfield, Va. three occasions between December 15, 22151; and Colorado Plateau Environ­ 1967, and March 9,1968, the respondents port license. mental Advisory Council, P.O. Box 1389, made exportations to parties in Austria 4. With respect to each of the above- Flagstaff, Ariz. 86001. Please refer to the who had been denied the privilege of cited shipments the respondents or other name and number of the environmental participating in U.S. export transactions. persons acting on their behalf appeared statement above when ordering. Pursuant to § 388.10 of the Export at the Sun Valley, Calif., Post Office A limited number of single copies are Control Regulations, with agreement of and falsely declared to the postal clerk available upon request to William D. the Director, Compliance Division, there assigned to said office that the value of Hurst, Regional Forester, Southwestern was submitted to the hearing commis­ the commodities being exported was less Region, U.S. Forest Service, 517 Gold sioner a consent proposal for an order than $100. On each of these occasions the Avenue SW., Albuquerque, N. Mex. 87101. imposing sanctions as hereinafter set respondents or those acting for them Copies of the environmental statement forth. In said consent proposal the re­ falsely represented on a declaration at­ have been sent to various Federal, State, spondents for the purpose of this compli­ tached to each package that an export and local agencies as outlined in the ance proceeding only, did not contest the license was not required. council on environmental quality guide­ charges set forth in the charging letter 5. On December 15,1967, the respond­ lines. of December 12, 1972. The respondents ents exported by mail.from the United Comments are invited from the public waived all rights to an oral hearing be­ States to Schifter & Co., Vienna, Austria, and from State and local agencies which fore the hearing commissioner and also certain electronic equipment valued at are authorized to develop and enforce en­ waived all rights of administrative ap­ $815. An order denying the said firm vironmental standards, and from Federal peal from and judicial review of such Schifter & Co., and also Herbert E. agencies having jurisdiction by law or order as may be issued. Schifter, all U.S. export privileges as special expertise with respect to any en­ The hearing commissioner has con­ long as U.S. export controls shall be in vironmental impact involved for which sidered the facts in the case and the effect was issued by the Office^ of Export comments have not been requested respondents’ proposal. He has approved Control on January 21,1967 (32 FR 762). specifically. the consent proposal and recommended The names of Schifter & Co., and Her­ Comments concerning the proposed that it be accepted. The undersigned bert E. Schifter, were listed and pub­ action and requests for additional infor­ having considered the record in the case lished in the Table of Denial and Proba­ mation should be addressed to Forest and the hearing commissioner’s recom­ tion Orders, which is part of the U.S. Supervisor Hallie Cox, Apache National mendations, hereby makes the following Export Control Regulations, where their names have appeared continuously from Forest, Box 640, Springerville, Ariz. F indings of F act 85938. Comments must be received by the date of the denial order to the pres­ April 30, 1973 in order to be considered 1. The respondent William G. Slater, ent time. in the preparation of the final environ­ a resident of Tujunga, Calif., does busi­ 6. On February 2, 1968, and March 9, mental statement. ness under the name of Apex Electronics 1968, the respondents exported by mail (hereinafter Apex) in Sun Valley, Calif. from the United States to Austis Waren- Dated April 10,1973. He originally operated under the name handelsgesellschaft, Vienna, Austria, P h ilip L. T hornton, of Apex Surplus Metals Co., and changed certain electronic equipment valued at Deputy Chief, Forest Service. the name of his enterprise to Apex Elec­ $6,100. An order denying the said Austis tronics in 1966. The business operations firm and also its owner, Otto Goldeband, [FR Doc.73-7276 Filed 4r-13-73;8:45 am] include sales of electronic equipment. all U.S. export privileges so long as U.S. 2. During the period from December 23, export controls shall be in effect, was DEPARTMENT OF COMMERCE 1967, through February 19, 1968, the published in the F ederal R egister on Bureau of East-West Trade respondent Slater, acting individually July 6, 1962 (27 FR 6396). The names and for Apex, made the following ex­ of the Austis firm and said Goldeband [Case No. 443] portations by mail .from the United were listed and published in the Table WILLIAM G. SLATER AND States to parties in Austria: of Denial and Probation Orders, which APEX ELECTRONICS is part of the U.S. Export Control Regu­ Order Denying Export Privileges 1 This act has been succeeded by the Ex­ lations, where their names have ap­ port Administration Act of 1969, 50 U.S.C. peared continuously from the date of the In the matter of William G. Slater, App. 2401 et seq., as amended by the Equal denial order to the present time. 10253 Hillhaven, Tujunga, Calif. 91352, Export Opportunity Act, Public Law 92-412, 7. The respondents had reason to and Apex Electronics, 8906 San Fernando 86 Stat. 644, approved Aug. 29, 1972. Section know that Schifter & Co., and the Austis Road, Sim Valley, Calif. 91352. 13(b) of the act provides: “All outstanding firm were subject to orders denying U.S. On December 12, 1972, the Director, delegations, rules, regulations, orders, li­ censes or other forms of adminisrative action export privileges and that parties in the Compliance Division, Office of Export United States were prohibited from mak­ Control, Bureau of East-West Trade, is­ under the Export Control Act of 1949 * * * shall, until amended or revoked, remain in ing exportations to them. Notwithstand­ sued a charging letter against the above full force and effect, the same as If promul­ ing, the respondent made the exporta­ respondents alleging violations bf the gated under this act.** tions described in findings 5 and 6.

FEDERAL REGISTER, V O L 38, NO. 72— MONDAY, APRIL 16, 1973 9450 NOTICES 8. On January 7, 1972, an Informa­of any validated or general export license This order shall become effective April tion in seven counts was filed against or other export control documents; (d) 16,1973. the respondent William G. Slater in the in the carrying on of negotiation with Dated April 9,1973. U.S. District Court for the Central Dis­ respect to, or in the receiving, buying, trict of California charging violations selling, delivering, storing, using, or dis­ R atjer H. Meyer, of the Export Control Act of 1949 (50 posing of any commodities or technical Director, Office of Export Con­ U.S.C. App. 2025) for unlawful exporta­ data; (e) in the financing, forwarding, trol, Bureau of East-West tion of technical equipment of strategic transporting or other servicing of such Trade. nature. The violations were alleged to commodities or technical data. [FR Doc.73-7247 Filed 4-13-73; 8:45 am] have occurred between December 15, III. Such denial of export privileges 1967, and March 9, 1968. It was charged shall extend not only to the respondents, in each instance that the defendant but also to their successors, representa­ [Organization Order 30-2B, Amdt. 3] knowingly exported by mail from thé tives, agents, and employees, and also to NATIONAL BUREAU OF STANDARDS United States to Austria certain equip­ any person, firm, corporation, or other ment valued in excess of $100 without business organization with which they Organization and Functions presenting to the Postmaster a Ship­ now or hereafter may be related by af­ This order, effective March 30, 1973, per’s Export Declaration. The transac­ filiation, ownership, control, position of further amends the material appearing tions out of which these alleged viola­ responsibility or other connection in the at 37 FR 14423 of July 20, 1972, 37 FR tions arose are basically the same as the conduct of trade or services connected 24202 of November 15, 1972, and 38 FR transactions alleged in the charging let­ therewith. 3208 of February 2,1973. ter of December 12, 1972, in this case. IV. Fifteen months after the effective Department Organization Order 30-2B The defendant pleaded guilty to the date of this order the respondents may dated June 12, 1972, is hereby further seven counts in the Information and was apply to have the effective denial of their amended as follows: sentenced to probation for 1 year. export privileges held in abeyance while 1. S ection 4. Staff Units Reporting to Based on the foregoing, I have con­ they remain on probation. Such appli­ the Director.—Paragraph .01 is amended cluded that the respondents violated the cations as may be filed by said respond­ to read as follows: following sections of the U.S. Export ents shall be supported by evidence show­ .01 The Office of Professional and Control Regulations: (a) sections 387.4 ing their compliance with the terms of Academic Liaison shall serve as the focal and 387.6 on five occasions in that they this order and they shall make available point for the Bureau’s cooperation with knowingly exported commodities from and permit examination by the Office of academic institutions, manage the re­ the United States to Austria without Export Control of such of their records search associates programs, and provide having obtained the required validated as OEC deems necessary to determine advice and consultation to other Bureau export licenses from the Office of Export whether respondents have complied with managers concerning professional per­ Control; (b) § 387.5 on five occasions in this order. Such applications will be con­ sonnel under special programs at the that they knowingly made false repre­ sidered on their merits and in the light of Bureau. sentations to and concealed material conditions and policies existing at that 2. The organization chart attached to facts from employees of the U.S. Post time. The respondents’ export privileges this amendment supersedes the organi­ Office; (c) § 387.10 in that on three oc­ may be restored under such terms and zation chart attached to amendment 2 casions without authorization from the conditions as appear to be appropriate. dated January 11, 1973. Copy of the Office of Export Control they knowingly V. During the time when the respond­ organization chart is attached to the made exportations from the United ents or other parties within the scope of original of this document on file in the States to parties in Austria who had this order are prohibited from engaging Office of the Federal Register. been denied the privilege of participat­ in any activities within the scope of part H enry B. T urner, ing in transactions involving U.S.-origin II hereof, no person, firm, corporation, commodities. Assistant Secretary partnership, or other business organiza­ for Administration. On consideration of the record in the tion, whether in the United States or case and the recommendation of the elsewhere, without prior disclosure to and [FR Doc.73-7239 Filed 4-13-73;8:45 am) Hearing Commissioner, I accept the con­ specific authorization from the Bureau of sent proposal and it is hereby ordered : East-West Trade shall do any of the fol­ Office of the Secretary I. All outstanding validated export li­lowing acts, directly or indirectly, in any censes in which respondents appear or manner or capacity, on behalf of or in [Organization Order 10-2] participate in any manner or capacity any association with the respondents or ASSISTANT SECRETARY FOR ECONOMIC are hereby revoked and shall be returned other parties denied export privileges AFFAIRS forthwith to the Bureau of East-West within the scope of this order, or whereby Organization and Functions Trade for cancellation. the respondents or such other parties n . Except as qualified in Part IV may obtain any benefit therefrom or This order effective March 30, 1973, hereof the respondents for a period of have any interest or participation supersedes the material appearing at 37 4 years from the effective date of this therein, directly or indirectly: (a) FR 5650 of March 18,1972. order are hereby denied all privileges of Apply for, obtain, transfer, or use any S ection 1. Purpose.—.01 This order participating, directly or indirectly, in license, shipper’s export declaration, prescribes the scope of authority and any manner or capacity, in any trans­ bill of lading, or other export con­ functions of the Assistant Secretary for actions involving commodities or tech­ trol document relating to any expor­ Economic Affairs. nical data exported from the United tation, reexportation, transshipment, or .02 This revision eliminates the re­ States, in whole or in part, or to be ex­ diversion of any commodity or technical quirement that the Assistant Secretary ported, or which are otherwise subject data exported or to be exported from the also serve as Administrator of the Social to the Export Control Regulations. With­ United States, by, to, or for any such and Economic Statistics Administration. out limitation of the generality of the Sec. 2. Administrative Designation.— foregoing, participation prohibited in respondents or other person denied ex­ The position of Assistant Secretary of any such transaction, either in the port privileges within the scope of this Commerce heretofore designated as the United States or abroad, shall include order; or (b) order, buy, receive, use, sell, Assistant Secretary for Economic Affairs participation: (a) As a party or as a deliver, store, dispose of, forward, trans­ shall continue to be so designated. The representative of a party to any validated port, finance or otherwise service or par­ Assistant Secretary is appointed by the export license application; (b) in the ticipate in any exportation, reexporta­ President, by and with the advice and preparation or filing of any export li­ cense application or reexportation au­ tion, transshipment, or diversion of any consent of the Senate. thorization, or document to be submitted commodity or technical data exported or Sec. 3. Authority and Functions.—.01 therewith; (c) in the obtaining or using to be exported from the United States. The Assistant Secretary for Economic

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 NOTICES 9451

Affairs shall serve as the principal ec­ [Organization Order 35-4B, Arndt. 3] Md. 20014,301-496-5471 will provide sub­ onomic adviser to the Secretary and as SOCIAL AND ECONOMIC STATISTICS stantive program information. the Chief Economist of the Department. ADMINISTRATION Dated April 3,1973. He shall serve as adviser to other Com­ merce officials with respect to economic Organization and Functions J ohn F. Sherman, matters, review economic policy positions This order effective March 30, 1973, Deputy Director, and recommendations, and serve as the further amends the material appearing National Institutes of Health. Department’s liaison with the Council at 37 FR 3462 of February 12, 1972, 37 [FR Doc.73-7248 Filed 4-13-73;8:45 am] of Economic Advisers and with other FR 15182 of July 28, 1972, and 37 FR high-level economic officials of the 22761 of October 21, 1972. Government. Department Organization Order 35-4B PRESIDENT’S CANCER PANEL .02 The Assistant Secretary shall also dated January 1, 1972, is hereby further Notice of Meeting exercise policy direction and general amended as follows: supervision over the Social and Eco­ 1. Section 3. Office of the Administra­ Pursuant to Public Law 92-463, notice nomic Statistics Administration. tor.—a. Paragraph .01 is amended to is hereby given of the meeting of the Sec. 4. Deputy Assistant Secretaries read: 'President’s Cancer Panel, National Can­ for Economic Affairs.—In carrying out .01 The Administrator determines cer Institute, April 18, 1973, 9:30 a.m., the functions in section 3 above, the As­ objectives for SESA, establishes policies National Institutes of Health, Building sistant Secretary shall be assisted by and programs to achieve those objec­ 31, Conference Room 11A10. This meet­ Deputy Assistant Secretaries as follows: tives, and exercises overall direction of ing will be open to the public from 9:30 a. The Deputy Assistant Secretary for SESA’s activities. The Administrator to 11:30, April 18, 1973, to discuss re­ Economic Affairs shall be the principal shall designate another official to carry newal of the U.S.-U.S.S.R. agreement, assistant to the Assistant Secretary and out these duties in his absence. reprograming proposals for the 1973 shall assume the latter’s full duties dur­ b. Paragraph .02 is deleted, and the Budget, and general administrative is­ ing his absence. present paragraph .03 is renumbered sues, and closed to the public from 1 to 3 b. The Deputy Assistant Secretary for .02. o’clock, April 18, 1973, to review and dis­ Industry Economics shall serve as Ex­ ■ H enry B. T urner, cuss key staff and positions of the Insti­ ecutive Director, National Industrial Assistant Secretary for tute in accordance with the provisions Pollution Control Council, and shall per­ Administration. set forth in section 552(b) 6 of title 5 form such other duties as are assigned. United States Code and 10(d) of Public [PR Doc.73-7241 Filed 4-13-73;8:45 am] Law 92-463. Attendance by the public Henry B. T urner, Assistant Secretary will be limited to space available. for Administration. DEPARTMENT OF HEALTH, Mr. Frank Karel, Associate Director EDUCATION, AND WELFARE for Public Affairs, NCI, Building 31, [PR Doc.73-7238 Filed 4-13-73;8:45 am] Room 10A31, National Institutes of National Institutes of Health Health, Bethesda, Md. 20014 (301-496- [Organization Order 35-4A, Arndt. 1] INFORMATION AND RESOURCES 1911) will furnish summaries of the SEGMENT ADVISORY COMMITTEE open/closed meeting and roster of com­ SOCIAL AND ECONOMIC STATISTICS mittee members. ADMINISTRATION Notice of Meeting Dr. James A. Peters, Executive Secre­ Organization and Functions pursuant to Public Law 92-463, notice tary, 31, 11A05, National Institutes of is hereby given of the meeting of the Health, Bethesda, Md. 20014 (301-496- This order effective March 30, 1973, Information and Resources Segment 6618) will provide substantive program amends the material at 37 FR 3461 of Advisory Committee meeting, April 23, information. February 16, 1972. 1973, at 9 a.m., National Institutes of Department Organization Order 35- Health, Landow Building, room A 313. R obert W. Berliner, 4A dated January 1, 1972, is hereby This meeting will be open to the public Acting Deputy Director, amended as follows: from 9 a.m. to 10 a.m., April 23, 1973, National Institutes of Health. Sec. 2. Establishment and Transfers.— to discuss general segment business and April 12, 1973. Paragraphs .03 and .06 are revised to closed to the public for the discussion [FR Doc.73-7343 Filed 4-13-73;8:45 am] read as follows: and review of responses to five requests .03 SESA shall be headed by an Ad­ for proposals in the field of carcino­ ministrator who shall report and be re­ genesis research, from 10 a.m. until DEPARTMENT OF HOUSING AND sponsible to the Assistant Secretary for URBAN DEVELOPMENT Economic Affairs. The Administrator adjournment, April 23, 1973, in accord­ shall determine objectives for SESA, es­ ance with the provisions set forth in sec­ Office of Interstate Land Sales Registration tablish policies and programs for achiev­ tion 10(d) of Public Law 92-463, and sec­ [Docket No. N—73-149, Administrative ing those objectives, and exercise over­ tion 552(b) 4, of title 5, U.S.C. Attend­ Proceedings Division File No. Z-162] all direction of SESA’s activities. ance by the public will be limited to space LAKE FOREST ESTATES .06 In addition to the main line com­ available. ponents provided above, SESA shall be Notice of Proceedings and Opportunity for comprised of such other organizational Mr. Frank Karel, Associate Director Hearing elements as may be specified in a second­ for Public Affairs, NCI, Building 31, room Notice is hereby given that on Novem­ ary organization order issued by the As­ 10A31, National Institutes of Health, ber 22, 1972, the Department of Housing sistant Secretary for Economic Affairs Bethesda, Md. 20014, 301-496-1911 will and Urban Development, Office of Inter­ subject to the approval of the Assistant furnish summaries of the open/closed state Land Sales Registration, attempted Secretary for Administration. meeting and roster of committee mem­ to serve upon Leo J. Finn, President, Lake Forest Developers, Inc., P.O. Box H enry B. T urner, bers. 325, Mountain Home, Ark. 72653, a notice Assistant Secretary Marcia D. Litwack, Ph. D., Executive of proceedings and opportunity for hear­ for Administration. Secretary, Landow Building, room A 304, ing by certified mail and service of proc­ [PR Doc.73-7240 Filed 4-13-73;8:45 am] National Institutes of Health, Bethesda, ess was not possible since the addressee

v.

FEDERAL REGISTER, V O L 38, NO. 72— MONDAY, APRIL 16, 1973 9452 NOTICES could not be located. Accordingly, pur­ IV. In view of the allegations made by Call for Achievement suant to 15 U.S.C. 1706(d) and 24 CFR the Administrative Proceedings Division, Used originally in the Commission’s Report 1710.45(b) (1), the notice of proceedings the Secretary deems it necessary that to the President of July 4, 1970, Call for and opportunity for hearing is being is­ proceedings be instituted to determine: Achievement describes a recommended na­ A. Whether the allegations set forth tionwide summons to people of each com­ sued as follows: munity to survey together the conditions of I. The Department’s public file dis­ in section III hereof are true and in con­ their community in all areas of mutual con­ closes that: nection therewith to afford respondents cern and thereafter, by consensus, to deter­ A. Lake Forest Developers, Inc. has an opportunity to establish any defenses mine their goals—their shared aims—the filed a Statement of Record for Lake to such allegations. ways to and the priorities for achieving them. Forest Estates located in Arkansas B. What, if any remedial action is ap­ Accordingly, Call for Achievement is a (OILSR No. 0-1049-03-36) pursuant to propriate in the public interest and for Bicentennial-oriented activity in which com­ 24 CFR 1710.21 of the Interstate Land the protection of purchasers pursuant to munities, neighborhoods, towns, cities, 1407(d) of the Interstate Land Sales Full professional associations, and various com­ Sales Regulations. Said Statement is still mon interest groups are mobilized around in effect. Disclosure Act (15 U.S.C. 1706) and 24 goals and objectives mutually supported to B. Leo J. Finn is the president of the CFR 1710.45(b) (1) of the implement­ be achieved by 1976. developer. ing regulations. C. The address of the developer is Post V. If the respondent desires a hearing Dated April 6, 1973. Office Box 325, Mountain Home, Ark. on the allegations set forth in section HI, Hugh A. Hall, 72653. it is hereby ordered, That he must file a Acting Director, American Rev­ II. After proper notice of proposed request for hearing accompanied by an olution Bicentennial Commis­ rulemaking published in the F ederal answer within 15 days after service upon sion. him of this notice of proceedings. The R egister on February 24, 1971 (36 FR [FR Doc.73-7254 Filed 4-13-73;8:45 am] 3419), and on November 3, 1971 (36 FR answer must be filed with the OILSR 21043), as required by 5 U.S.C. 553 and docket clerk, room 9253, HUD Building, after consideration of all relevant com­ Washington, D.C. 20410, as provided by ATOMIC ENERGY COMMISSION ments received, the Department of Hous­ 24 CFR 1720.140 et seq. [Docket No. 50-333] ing and Urban Development published a VI. It is hereby ordered, That if re­ final revision of 24 CFR part 1710 in the quested by the respondent, a public hear­ POWER AUTHORITY OF THE STATE OF F ederal R egister on January 27, 1972 ing shall be held for the purpose of taking NEW YORK AND NIAGARA MOHAWK (37 FR 1302), amended on February 5, evidence on the questions set forth in POWER CORP. 1972 (37 FR 2768), and April 1, 1972 (37 section IV hereof before Administrative Notice and Order for Prehearing FR 6674). Law Judge Paul N. Pfeiffer, or such other Conference These revised regulations were adopted judge as may be designated, in room Before the Atomic Safety and Licens­ pursuant to the Secretary’s authority set 7233, Department of HUD Building, 451 ing Board, in the matter of Power Au­ forth in section 1419 of the Interstate Seventh Street SW., Washington, D.C., thority of the State of New York and Land Sales Full Disclosure Act (15 U.S.C. at such time as the Secretary of the Niagara Mohawk Power Corp. (James A. 1718) and require additional material Department of Housing and Urban De­ Fitzpatrick Nuclear Power Plant), Docket facts to be disclosed in both the state­ velopment, or his designee, may fix by No. 50-333. ment of record and the property report further order. Notice is hereby given that, in accord­ which had not been required prior to Respondent is hereby notified that if ance with section 752 of the Atomic January 27, 1972. Section 1710.130 of the he fails to request a hearing within 15 Energy Commission’s (the Commission) revised regulations states that effective days after service upon him of this no­ rules of practice, 10 CFR Part 2, a pre- statements of record shall be amended tice of proceedings as set forth in section hearing conference will be held on to comply with these regulations not V hereof, he shall be deemed in default April 26,1973 at 10 a.m., local time in the later than March 31,1972. and the proceeding shall be determined second floor courtroom, county court­ in . As a result of an examination of against him, the allegations of which house, East Oneida and Second Streets, the Departments public file and the shall be determined to be true, and an Oswego, N.Y. 13216. above-specified statement of record, the order suspending the statement of This prehearing conference will deal Administrative Proceedings Division of record, herein identified, shall be issued with the following: the Office of Interstate Land Sales Regis­ pursuant to 24 CFR 1710.45(b) (1). 1. Further simplification, clarification, tration alleges that: This notice is published pursuant to and specification of issues; A. As of November 22, 1972, the 44 U.S.C. 1508. 2. The necessity or desirability of amendments to the statement of record amending the pleadings; as required by the revised regulations had By the Secretary. 3. The obtaining of further stipula­ not been received. J ames T. Ly n n, tions, and admissions of the contents and B. The statement of record omits to Secretary of Housing authenticity of the documents to avoid state the material facts in the prescribed and Urban Development. unnecessary proof; format as required by the following sec­ 4. Identification of witnesses and the tions of the revised regulations, to wit: George K. B ernstein, Interstate Land Sales limitation of the number of expert wit­ 1. Section 1710.105: Administrator. nesses, and other steps to expedite the Instructions for completion of state­ presentation of evidence; ment of record, paragraph c. [FR Doc.73-7305 Filed 4-13-73;8:45 am] 5. Procedures to be followed in the presentation of evidence at the eviden­ Part IV. B. 2, C 3. Part rv. D. AMERICAN REVOLUTION tiary hearing; Part VIII. A. 8. d. BICENTENNIAL COMMISSION 6. The setting of a hearing schedule; Part IX. A. 4. and _ Part XI. C. CALL FOR ACHIEVEMENT 7. Such other matters as may aid in Adoption of Title the orderly disposition of the proceeding. 2. Section 1710.110: In addition, the Board will hear oral Paragraph 2. a. In accordance with the provisions of argument from the parties on inter- Paragraph 2. b. section 6(g) of Public Law 89-491, as venors’ renumbered contention 7(a) as Paragraph 8. (c) amended by Public Law 91-528,1 hereby set forth in the amendment to the peti­ Paragraph 8. (d) certify that the American Revolution Bi­ Paragraph 15. (b) centennial Commission has adopted the tion to intervene submitted March 12, Paragraph 15. (c) following title for use in connection with 1973. This contention asserts that the Additional requirements for property the commemoration of the American license applied for herein violates pres­ report. Revolution Bicentennial: ently applicable provisions of the Federal

FEDERAL REGISTER, V O L 38, NO. 72— MONDAY, APRIL 16, 1973 NOTICES 9453 Water Pollution Control Act Amend­ conferences, including telephone confer­ Upon consideration of the tariff pro­ ments of 1972 (FWPCA), Public Law 92- ences to the extent that may be prac­ posal, the complaint and answer thereto, 500, which intervenors’ contend requires ticable to expedite the proceeding and and'all relevant matters, the Board finds that the applicants demonstrate that the in particular to advance the purposes of that the proposed revisions may be un­ operation of the plant will assure the the prehearing conference. just, unreasonable, unjustly discrimina­ protection and propagation of a bal­ Issued at Washington, D.C., this 11th tory, unduly preferential, unduly preju­ anced, indigenous population of shellfish, day of April 1973. dicial, or otherwise unlawful, and should fish and wildlife in and on the waters be suspended pending investigation.2 of Lake Ontario. Atomic Safety and Licensing In essence, Delta bases its proposal on Further, the Board will, if necessary, B oard, operational circumstances to be encoun­ entertain oral argument relating to «the Edward Luton, tered in San Francisco where flight 882 briefs submitted by the parties on the Chairman. originates. We have no reason to question impact on these proceedings of the [FR Doc.73-7345 Filed 4-13-73;8:45 am] that the alleged shift in gate location FWPCA and of the Commission’s interim will necessitate a change in departure policy statement on implementation of time. However, this fact does not estab­ section 511 of the FWPCA. CIVIL AERONAUTICS BOARD lish that 9:30 p.m. is in fact an offpeak [Dockets Nos. 25302, 21866-9; Order 73-4-53] departure time at Las Vegas. Nor, in our Dated this 11th day of April 1973 at opinion, do the other allegations made Washington, D.C. DELTA AIR LINES, INC. by Delta adequately demonstrate the By order of the Atomic Safety and Li­ Domestic Passenger-Fare Investigation; need for the exception it seeks. The num­ censing Board. Order of Suspension ber of exceptions to the standard night D aniel M. Head, Adopted by the Civil Aeronautics coach hours of 10 p.m. to 4 a.m. has * Chairman. Board at its office in Washington, D.C. proliferated significantly in recent years, on the 11th day of April 1973. and we believe additional exceptions [FR Doc.73-7344 Filed 4-13-73; 8:45 am] By tariff revisions1 marked to become should be permitted only where a specific effective April 16, 1973, Delta Air Lines, and definitive showing is made. Delta [Dockets Nos. 50-282, 50-306] Inc. (Delta) proposes to revise the ap­ has failed to meet this test with respect plication of night coach fares from Las to its proposal here. NORTHERN STATES POWER CO. Vegas by providing that the fares will Accordingly, pursuant to the Federal Notice of Special Prehearing Conference apply between 9:30 p.m. and 4 a.m. Aviation Act of 1958, and particularly sections 204(a), 403, 404, and 1002 there­ In the matter of Northern States rather than the current period of 10 p.m. to 4 a.m. of, Power Co. (Prairie Island Nuclear Gen­ It is ordered, That: erating Plant, units 1 and 2), dockets In justification of its proposal, Delta 1. Pending hearing and decision by the Nos. 50-282,50-306. alleges that Flight 882 which now departs Board, the addition of “Las Vegas” to Notice is hereby given that, pursuant San Francisco for Las Vegas and points “Exception 2” to the application of fare to the Atomic Energy Commission’s “No­ east at 8:20 p.m. must be rescheduled to class FN and fare class YN appearing tice of Consideration of Issuance of depart at 7:30 p.m. due to a change in on 26th revised page 247 and 13th and Facility Operating Licenses and Notice gate facilities at San Francisco; and 14th revised pages 250 of Airline Tariff of Opportunity for Hearing,” dated Oc­ that the proposed exception to the tradi­ Publishers, Inc., Agent C.A.B. No. 136 tober 6, 1972, the Atomic Safety and Li­ tional night coach hours is consistent are suspended and their use deferred to censing Board will hold a special pre- with existing provisions which have been and including July 14,1973, unless other­ hearing conference in this proceeding on in effect for years from Los Angeles and wise ordered by the Board, and that no April 25, 1973, at 10 a.m. local time, in San Diego. changes be made therein during the pe­ courtroom No. 2, U.S. Federal Court­ National Airlines, Inc. (National) has riod of suspension except by order or house, 316 North Roberts Street, St. Paul filed a complaint requesting investiga­ special permission of the Board; Minn. 55101. tion and suspension. National alleges 2. Except to the extent granted herein, In accordance with § 2.751(a) of the that Delta offers but one reason in sup­ the complaint in docket No. 25302 is Commission’s rules of practice (10 CFR port of this open-ended deviation from hereby dismissed; and part 2, § 2.751(a)), the purposes of this the traditional 10 p.m. offpeak de­ 3. Copies of this order be filed in the prehearing conference are to: (1) Per­ parture time; that clearly such a paro­ aforesaid tariff and be served upon Delta mit identification of the key issues in the chial problem as gate facilities does not Air Lines, Inc., and National Airlines, proceeding; (2) consider petitioiis for constitute adequate justification for Inc. intervention in the proceeding; and (3) changing the Las Vegas night coach establish a schedule for further actions hours; and that Delta’s gate problem is This order will be published in the F ed­ in the proceeding. In addition to the pur­ purely and simply an internal matter for eral R egister. poses specified above, the prehearing Delta to resolve. By the Civil Aeronautics Board. conference will also deal with such of the Delta answers that it does not read Na­ matters stated in § 2.752 of the Commis­ tional’s complaint as asserting either ad­ [seal] Edwin Z. Holland, sion’s rules of practice (10 CFR part 2, verse competitive impact or that the Secretary. § 2.752) as may be appropriate. modest 30-minute advance in departure [FR Doc.73-7311 Filed 4-13-73;8:45 am] Members of the public may attend this time at Las Vegas would somehow1 change prehearing conference as well as the evi­ the character of flight 882 from an off- PAN AMERICAN WORLD AIRWAYS, INC. dentiary hearing which will be held at peak to a peak service; that in applying AND ALLEGHENY AIRLINES, INC. a later time to be fixed by the Board. the night coach policy, the Board has However, members of the public who traditionally considered the overall in­ Notice of Meeting may wish to participate in the proceed­ convenience of the particular flight and Notice is hereby given that a meeting ing by way of limited appearances will has determined the offpeak hours in the with the above carriers will be held on not be permitted to do so at the prehear­ market by examining the traffic flow April 26, 1973, at 11 a.m. (local time) ing conference. Oral or written state­ throughout the day; and that the time in room 1027, Universal Building, 1825 ments offered by way of limited appear­ differential between Las Vegas and Dal­ ances will be received by the Board at las and between Las Vegas and Atlanta Connecticut Avenue NW., Washington, the time of the aforementioned evi­ or Jacksonville further assures that a D.C., to discuss the joint marketing dentiary hearing. 9:30 p.m. eastbound departure from Las program. It is ordered, That counsel for the Ap­ Vegas will always be offpeak in nature. plicant, the regulatory staff of the Com­ 2 The proposal is automatically under in­ mission, and intervening parties or their 1 Revisions to Airline Tariff Publishers, Inc., vestigation in the “Domestic Passenger Fare representatives conduct such informal agent, Tariff CAB No. 136. Investigation,” phase 9 (docket No. 21866-9). 4

FEDERAL REGISTER, V O L 38, NO. 72— MONDAY, APRIL 16, 1973 No. 72—Pt. I--- 5 9454 NOTICES Dated at Washington, D.C., April 11, Appendix 1973. Applications Accepted for P iling [seal] Edwin Z. H olland, DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE Secretary. 7246- C2-P-73—Evans Telephone Answering Service (KSV889), C.P. for additional facilities [PR Doc.73-7312 Piled 4-13-73;8:45 am] to operate at 1400 Main Street, Columbia, S.C., oil 152.15 MHz. 7247— C2—P—73—Illinois Bell Telephone Co. (KSD677), C.P. to change antenna system, oper­ ating on 152.54 MHz at 3.1 miles north of Elwood, Joliet, 111. FEDERAL COMMUNICATIONS 7266- C2—P—(2) —73—Tel-Illinois, Inc. (New), C.P. for a new two-way station to operate on COMMISSION 454.350 mtt* (base) and 454.300 MHz (repeater) at adjacent to south edge of Indian COMMON CARRIER SERVICES Hills County Club, Mount Vernon, 111. INFORMATION 1 7267- C2-P—73—Northwestern Telephone Co. (New), C.P. for a new one-way station to oper­ ate on 152.84 MHz at 302 West Main, Freeport, 111. [Report No. 643] 7268- C2-P-73—Executive Communications, Inc. (New), C.P. for a new two-way station to Domestic Public Radio Services Applica­ operate on 152.15 MHz at 510 Main Street, Quincy, 111. tions Accepted for Filing2 7269- C2—P—73—The Blair Telephone Co. (KAQ623), C.P. for additional facilities and to change antenna system, operating on 152.66 MHz at Kenard, Nebr. April 9, 1973. 7270- C2-AL-(2)-73—Longview Mobilfone Service. Consent to assignment of license from Pursuant to §§ 1.227(b) (3) and 21.30 William C. McLendon doing business as Longview Mobilfone Service, assignor to Road (b) of the Commission’s rules, an appli­ Runner Radio Paging Service, Inc., assignee. Stations: KQZ761 Gladewater, Tex., and cation, in order to be considered with any KKN282 Longview, Tex. domestic public radio services application 7271- C2—P—73—General Telephone Company of California (KMA609), C.P. to change an­ appearing on the attached list below, tenna system, operating on 454.425 MHz at 1314 Seventh Street, Santa Monica, Calif. must be substantially complete, and ten­ 7272- C2-P-70—Telephone Answering Service, Inc. (KLF539), C.P. to change antenna? system dered for filing by whichever date is ear­ and location. To operate on 152.06 and 152.15 MHz at the southwest corner of Baumhoff and 6 Mile Road, Grand Rapids, Mich. lier: (a) The close of business 1 business 7231—C2—P—73—New Jersey Mobile Telephone Co., Inc. (KEK290), C.P. to change antenna day preceding the day on which the Com­ location to No. 2 Mountain View Avenue, Mountainside, N.J., and to operate on 454.200 mission takes action on the previously MHz. filed application; or (b) within 60 days 2636-C2-P-72—Miami Valley Radiotelephone (New), Fairfield, Ohio, and Victor E. Duane after the date of the public notice listing 4253-C2-P-72. Cincinnati, Ohio. Action reported in public notice dated March 12, 1973, the first prior filed application (with returning applications pursuant to section 21.28(d) reconsidered. Applications returned which subsequent applications are in to pending status as of February 15,1973. conflict) as having been accepted for fil­ ing. An application which is subsequently Correction amended by a major change will be con­ 6828—C2-P— (2) —73—The Pacific Telephone & Telegraph Co. (KMA203), correct to add loca­ sidered to be a newly filed application. tion No. 2 at 901 East Palmdale Boulevard, Palmdale, Calif., operating on 35.38 MHz*. It is to be noted that the cutoff dates are For other particulars see public notice No. 641 dated March 26,1973. set forth in the alternative—applications, 8433-C2-P-70—Mobile Radio Dispatch Service, Inc. (KEA256), should read Radiofone Cor­ will be entitled to consideration with poration of New Jersey. For other particulars see public notice No. 642 dated April 2, 1973. those listed below if filed by the end of Informative the 60-day period, only if the Commission has not acted upon the application by It appears that the following applications may be mutually exclusive and subject to the that time pursuant to the first alterna­ Commission’s rules regarding ex parte presentations, by reasons of potential electrical tive earlier date. The mutual exclusivity interference. rights of a new application are governed Florida frequencies: 454.075 and 454.150. by the earliest action with respect to any 6119-C2-P-72—Answerfone (KIA955). \ one of the earlier filed conflicting appli­ 7649-C2-P-(2)-72—Spencer Communications Service KIY446. cations. RtJRAL RADIO SERVICE The attention of any party in interest 7270—C6—AL—73_Longview Mobilfone Service. (Consent to assignment of license from Wil­ desiring to file pleadings pursuant to liam C. McLendon doing business as Longview Mobilfone Service, assignor to Road Runner section 309 of the Communications Act Radio Paging Service, Inc., assignee. Station: KKB91 temporary-fixed. 7238- C6-P-73—United Telephone Company of the Northwest (New), C.P. for a new rural of 1934, as amended, concerning any do­ subscriber station to operate on 459.475 MHz at Rattlesnake Springs, 24 miles northwest mestic public radio services application of Richland, Rattlesnake Springs, Wash. accepted for filing, is directed to § 21.27 7239- C6—P—73 (New), C.P. for a new central office station to operate on 454.475 mhz of the Commission’s rules for provisions at 200 Exchange Building, 22 miles north-northwest of Richland, near Old Hanford governing the time for filing and other Town site, Wash. requirements relating to such pleadings. POINT-TO-POINT MICROWAVE RADIO SERVICE 7068- C1-P-73—Southwest Texas Transmission Co. (New), Boerne, Tex. (Latitude 29°45'35 ederal ommunications F C N., longitude 98°49'24” W .): C.P. for a new station—(a) frequencies 6226.9V M H z, Commission, 6286.2V MHz, 6345.5V MHz, 6404.8V MHz, and 6375.2H MHz toward existing station KLR38, B en F. W aple, D’Hanis (latitude 29°18'48'' N., longitude 99°16'09" W.), Tex., on azimuth 221°09' and Secretary. (b) frequencies 6286.2V MHz and 6345.5V MHz toward Luckenbach, Tex., on azimuth 15°03\ ... . iAll applications listed below are subject 7069- C1-P-73—Same (New), 5.2 miles south-southeast of Luckenbach, Tex. (L a titu d e to further consideration and review and may 3b°06'30'' N., longitude 98°42'56" W .): C.P. for a new station—frequencies 5 9 4 5 .2 V M H z be returned and/or dismissed if not found to 6004.5V MHz toward existing station KKK27, Beeler Farm (latitude 3 0 °26'26” N., be in accordance with the Commission’s longitude 98°43'58” W.), Tex., on azimuth 357°24'. (Informative: Applicant proposes to rules, regulations, and other requirements. relocate existing pickup points' at D’Hanis and Beeler Farm to a cornmon pickup point 3 The above alternative cutoff rules apply at Boerne, Tex. Existing service is unchanged.) > to those applications listed below as having 5231-C1-F-72—Laredo Microwave, Inc. (KLH79), Hilltop, Tex. (Latitude 27°59'37' N., been accepted in Domestic Public Land Mo­ longitude 99032'13” W .): C.P. to change frequency 6226.8 MHz to 5952.6V MHz toward bile Radio, Rural Radio, Point-to-Point Laredo, Tex., on azimuth 176°44\ (Informative: Applicant proposes to reinstate this Microwave Radio, and Local Television Trans­ mission Services (part 21 of the rules). expired construction permit (file No. 5231-C1-P-72).)

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 p o i n t - t o - p o i n t m i c r o w a v e r a d io s e r v ic e — c o n t i n u e d . point-to-point microwave radio service—continued. 7071- C1—P—73—Video Microwave, Inc. (New), 1.9 miles south of Prospect, Conn. (Latitude 7201-C1-P-73—Western Tele-Communications, Inc. (New), 1 mile east of Pittsburgh, Pa. 41°28'18" N., longitude 72°58'21" W.) : C.P. for a new station—frequencies 6063.8H MHz Latitude 40°28'05" N., longitude 79°47'12" W. C.P. for a new station on frequencies and 6172.5H MHz toward Talcott Mountain (Avon), Conn., on azimuth 22°20\ 6197.2H, 6256.5H, 6315.9H, and 6375.2H MHz toward Aliquippa, Pa. on azimuth 293°24'. 7072- C1-P-73—Saq^e (New), 2.9 miles south of Talcott Mountain (Avon), Conn. (Latitude (I n f o r m a t i v e : The above application has been filed for the purpose of separating WTCI’s 41°46'27" N., longitude 72°48'23" W.) : C.P. for a new station—frequencies 6256.5H MHz Chicago-New York (Files Nos. 4307 thru 4345-C1-P-72) Specialize Radio System into two and 6226.9V MHz toward Blandford, Mass., on azimuth 346°51'. segments (Chicago-Pittsburgh and Pittsburgh-New York). Since this new application 7073- C1-P-73—Same (New), 3 miles north of Blandford, Mass. (Latitude 42° 13'10" N., makes no change to the pending proposal (other than a separation into two parts) the longitude 72°56'47" W.) : C.P. for a new station—frequencies 6172.5H MHz and 6004.5H 30-day period specified by section 309(b) of the Communications Act does not apply.) MHz toward Charlton Depot, Mass., on azimuth 92 ° 16'. 7248- C1-P-73—American Telephone & Telegraph Co. (KAM47) , 0.5 mile northwest of Dodge 7074- C1-P-73—Same (New), 1.3 miles north of Charlton Depot, Mass. (Latitude 42°11'28" City, Kans. Latitude 37°45'57" N., longitude 100°01'55" W. C.P. to add frequency 3770H N., longitude 71°59'00" W.) : C.P. for a new station—frequencies 6315.9H MHz and 6226.9V MHz toward Mullinville, Kans. MHz toward Woburn, Mass., on azimuth 66°04'. 7249- C1-P—73—Same (KAM48) , 3 miles south of Mullinville, Kans. Latitude 37° 32'24" N., 7075- C1-P-73—Same (New), 2.2 miles southwest of Woburn (Zion Hill), Mass. (Latitude longitude 99°28'02" W. C.p. to change the alarm center location and add frequency 42°27'20" N., longitude 71°10'50" W.) : C.P. for a new station—frequencies 11,545V MHz 3730H MHz toward Cullison, Kans. and 11,625V MHz toward Lawrence (latitude 42°39'45" N., longitude 71°06'01" W.), 7250- C 1-P—73—Same (KAM62), 4 miles south-southwest of Cullison, Kans. Latitude 37 °- Mass., on azimuth 16“00\ (Informative: VMI proposes to deliver the signals of WPIX-TV 34'33" N., longitude 98°55'36" W. C.P. to change alarm center location and add frequency and WOR-TV, New York City, to CATV system in Lawrence, Mass. A waiver of section 3770H MHz toward Nashville, Kans. 21.701 (i) of PCC rules is requested by VMI.) 7251- C1-P—73—Same (KAM63), 5.5 miles south of Nashville, Kans. Latitude 37°21'21" N., 7076- C1-P-73—Video Microwave, Inc. (New), 2.2 miles southwest of Woburn (Zion Hill), longitude 98°25'40" W. C.P. to change alarm center location and add frequency 3730H Mass. (Latitude 42°27'20" N., longitude 71°10'50" W.): C.P. for a new station—frequen­ MHz toward Bluff City, Kans. cies 11,545V MHz and 11,625V MHz toward Malden (latitude 42°26'19" N., longitude 7252- C1—P—73—Same (KAM64), 2 miles south-southwest of Bluff City, Kans. Latitude 37°- 71°04'47" W.), Mass., on azimuth 102°45'. (Informative: VMI proposes to deliver the 02'36" N., longitude 97°53'48" W. C.P. to change transmission path data and add frequency signals of WPÇX-TV and WOR-TV, New York City, to CATV systems in Malden, Everett, 3730V MHz toward South Haven, Kans. and Medford, Mass.) 7253- C1-P-73—Same (KAM65), 5.5 miles southeast of South Haven, Kans] Latitude 37°- 7077- C1-P—73—Southern Bell Telephone & Telegraph Co. (KJH41), 7 miles west of Harts- OO'OO" N., longitude 97°19'05" W. C.P. to change transmission path data and add fre­ ville, S.C. Latitude 34°21'25" N., longitude 80°12'03" W. C.P. to add frequency 3890V MHz quency 3770H MHz toward Hardy, Okla. toward Camden, S.C.; frequency 4150H MHz toward Kershaw, S.C. 7254- C1—P—73—The Mountain States Telephone & Telegraph Co. (KAM32), 2 miles south 7078- C1—P—73—Same (KIN55), 5.5 miles north of Kershaw, Ç3.C. Latitude 34°37'37" N., of Boulder, Colo. Latitude 39°58'09" N., longitude 105°16'48" W. C.P. to change alarm

longitude 80°33'04" W. C.P. to add frequency 4110H MHz toward HartsviUe, S.C.- fre- * center location and add frequency 4010V MHz toward Greeley Junction, Colo. NOTICES quency 4110H MHz toward Waxhaw, N.C. 7255- Cl-P-73—Same (KC083), 3 miles southwest of Greeley, Colo. Latitude 40°23'10" N„ 7079- C1-P-73—Same (KIN54), 3.2 miles southwest of Waxhaw, N.C. Latitude 34°53'14" N., longitude 104°44'11" W. C.P. to change antenna system, power, replace transmitter, longitude 80°47'02" W. C.P. to add frequency 4150V MHz toward Graniteville NC ' change alarm center location, and correct coordinates on frequency 3970V MHz toward frequency 4150H MHz toward Kershaw, S.C. ( Boulder Junction, Colo.; frequency 6063.8H MHz toward North Milliken, Colo.; frequencies 7Q80-C1-P-73—Same (KIY59), 1645 Hampton Street, Columbia, S.C. Latitude 34°00'29" N., 6108.3H and 10,995V MHz toward Hardin, Colo. longitude 81°01'42" W. C.P. to add frequency 3930V MHz toward Blaney, S.C. 7256- C1—P—73—The Mountain States Telephone & Telegraph Co. (KC084), 3.3 miles north- 7081— Cl-P-73—Same (KJB47), 2 blocks southeast of Ü.S. Highway No. 1, S.C. Latitude ndrthwest of Milliken, Colo. Latitude 40°22'43" N., longitude 104°52'13" W. C.P. to 34°10'10" N., longitude 80°47'15" W. C.P. to add frequency 3890V MHz toward Camden change antenna system, alarm center location, and replace transmitter; change frequency S.C.; frequency 3890V MHz toward Camden, S.C. from 6323.3 to 6315.9V MHz toward Greeley Junction, Colo.; from. 6308.4V to 6315.9H mhz 7082- C1-P-73—Same (KJA71), 1209 Broad Street, Camden, S.C. Latitude 34°14'57" N, toward Fort Collins, Colo. longitude 80°36'26" W. C.P. to add frequency 3930V MHz toward Blaney, S.C.; frequency 7257- C1-P-73—Same (KC085), 124 West Magnolia Street, Fort Collins, Colo. Latitude 40°- 3930V MHz towards Hartsville, S.C. 35'00" N:, longitude 105°04'41" W. C.P. to change antenna system, alarm center location, and replace transmitter; change frequency from 6056.4V MHz to 6063.8V mhk toward 7083-C1-P-73—Same (KJJ65), 900 Franklin Avenue, Graniteville, N.C. Latitude 35°15'07" North Milliken, Colo. N., longitude 80°49'45" W. C.P. to add frequency 4110V MHz toward Waxhaw, N.C. 7258- Cl—P—73—Same (KPP22), 2 miles southwest of Hardin, Colo. Latitude 40°19'35" N., 7085-C1-P-73—American Telephone & Telegraph Co. (KIK38), 215 Church Street, Nash­ longitude 104°26'19" W. C.P. to change power, alarm center location, and change polariza­ ville, Tenn. Latitude 36°09'51" N., longitude 86°46'38" W. C.P. to add frequencies tion from V to H on frequency 6367.7H MHz toward* Greeley Junction, Colo.; from V to H 3750H, 3830H, 3910H, 3990H MJHz toward Brentwood, Tenn. on frequency 6382.6H MHz toward Wiggins, Colo. 7086—C1—P—73 Same (KJH79), 7.5 miles south of Nashville, Tenn. Latitude 36°00'16" N., 7259- Cl-P-73—Same (KPP24), 410 State Street, Fort Morgan, Colo. Latitude 40°15'06" N., longitude 86°50'01" W. C.P. to add frequencies 3710H, 3790H, 3870H, 3950H MHz toward longitude 103°47'57" W. C.P. to change power and alarm center location on frequencies Nashville, Tenn. 6367.7V and 11,685V MHz toward Wiggins, Colo. 70oJT°1rP773“ Same (KID63)’ 51 Ivy street> Atlanta, Ga. Latitude 33°45'21" N., longitude 7260- C l-P-73—Same (KPP23), 6 miles west of Wiggins, Colo. Latitude 40° 13'34" N., longi­ 84 23 10" W. CJ*. to add frequency 5974.8H MHz toward Sawnee Mountain, Ga. tude 104°11'15" W. C.P. to change power and alarm center location; change polarization from H to V on frequency 5989.7V MHz toward Hardin, Colo. 70^8~?1-P~73~ Same (KRS93)> 5 miles east-southeast of Dahlonega, Ga. Latitude 34°30'49" N., longitude 83°53'53" W. C.P. to add frequency 5945.2H MHz toward Sawnee Mountain, 7264- C1-P-73—General Telephone Co. of Illinois (KS038), Pontiac, 111. Latitude 40°53'11" ua. N., longitude 88°38'41" W. C.P. to change antenna system on frequencies 6264.0V and 6382.6V MHz toward Lexington, 111. 7089-C1-P-73—American Telephone & Telegraph Co. (KID64), 2 miles northwest of Gum­ 7265- C1-P-73—Same (New), 111 South Main Street, Kewanee, 111. Latitude 41°14'34" N., ming Ga. Latitude 34°14'18" N„ longitude 84°09'25" W. C.P. to add frequency 6197.2H longitude 89°55'31" W. C.P. for a new station on frequency 6390.0H MHz toward Victoria, MHz toward Atlanta, Ga. 111. 9455

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 9456 NOTICES Corrections Certifi­ cate No. Owner/Operator and vessels 1891-C1-P-73—Union Telephone Co. (KSV50), correct to read: C.P. to add frequencies 10,715V 10.955H MHz toward Greendale, Utah; frequencies 10,875V and 11.115H MHz 02385__ A/S Kristiansands Tri III, et al.: toward Dutch John, Utah; frequencies 11,035V and 10.795H MHz toward Grizzly Ridge Polyclipper. 02429— G & C Towing Inc.: repeater, Utah, via passive reflector. (All other particulars same as reported on Public Sam B. Notice 640, dated Mar. 19,1973.) 02446__ Cosmopolitan Shipping Co., S.A.: Major Amendments Ruth Lake. 4314-C1-P-72—Western Tele-Communications, Inc. (New), 3.2 miles southeast of Hillsdale, 02582__ Jugotanker-Turisthotel: Mich. Change frequency 6034.2H MHz toward Adrain to 6004.5V MHz. Rudo. 4316- C1-P-72—Same (New), South Avenue and Elmdale, Toledo, Ohio. Change polarization 02591__ Gemini Tanker Corp.: of frequencies 5945.2, 6004.5, 6063.8, and 6123.1 MHz toward Adrain to vertical. Stolt Gemini. 02864 ______Refineria de Petroleos de Escom- 4317- C1—P—72—Same (New), La Salle, 4 miles northwest of Lunapier, Mich. Change polariza­ breras, S.A.: tion of frequency 6315.9 MHz toward Toledo to vertical. Puertollano. 4325-C1-P-72—Same (New), 3 miles west of East Palestine, Ohio. Change polarization of 02865 ______International Merchantile Naviga­ frequencies 6226.9, 6286.2, 6345.5, and 6404.8 MHz toward Aliquippa to horizontal. tion Co., S.A.: I nformative: File Nos. 5445—5473-C1-P-71—Change name of applicant from MCI Lockheed Montestoril. Satellite Corp. to CML Satellite Corp. (CML is jointly owned by Communications Satellite 02888__ Stolt-Nielsons Rederi A/S: Corp., Lockheed Aircraft Corp., and MCI Satellite, Inc.) Stolt Hawk. 341- C1-P-72_Mountain Microwave Corp. (New), 4 miles north of Sutton, Nebr. Change 03147—_ Fourkero Shipping Corp. frequency path azimuth toward Rosedale to 279°5'. Isapostoloi. 342- C1—P—72—Same (New), change station location to 2.3 miles east-northeast of Rosedale, 03214__ Salenrederierna Aktiebolag: Nebr. Latitude 40°43'38" N., longitude 98°26'02" W. Change frequency path azimuth Anco Spur. toward Sutton, Hastings, and Kearney to 98°47', 153°28', and 243°52', respectively. 03223__ Rederiet for M/T Anco Span: 343- C1-P-72—Same (New), 3 miles north of Hastings, Nebr. Change frequency path azimuth Anco Span. toward Rosedale to 333 °30'. 03441__ Japan Line K.K.: 344_Ci_p_72—Same (N^w), Kearney, 2.3 miles east of Axtell, Nebr. Change frequency path Kobu Maru. 03503__ Shofuku Kisen K.K.: azimuth toward Rosedale to 63° 27'. Aizu Maru. 347- C1—P—72—Same (New), Curtis, 15 miles southwest of Gothenburg, Nebr. Change fre­ 03528__ Yamada Kaiun Kabushiki Kaisha: quency path azimuth toward North Platte to 270°28'. Yamaume Maru. 348- C1—P—72—Same (New), change station location to North Platte, 5.3 miles northeast of 03561__ Skibsaksjeselskapet “Solvang”: Wallace, Nebr. Latitude 40°52'20'' N., longitude 101°04'35" W. Change frequency path Concordia Fjell. azimuth toward Ogallala, North Platte (KNOP—TV), and Curtis to 304°29 , 32 1 , and 04048__ A/S Mosvold Shipping Co.: 90°3', respectively. Mostank. 349- C1-P-72—Same (New), 4.7 miles north-northeast of North Platte (KNOP-TV), Nebr. 04077__ Fritzen Schiffsagentur Und. Be- Change frequency path azimuth toward North Platte to 218°T5'. reederungs GMBH: 350- C1—P—72—Same (New), 6.4 miles northeast of Ogallala, Nebr. Change frequency path Port Royal. azimuth toward North Platte to 124° 6'. (All other particulars same as reported on Public 04445__ Aktiebolaget Beilis: Notice dated Aug. 2, 1971 and June 3,1972.) Horizon. 04462__ Empresa Nacional “Elcano” de la [FR Doc.73-7227 Filed 4-13-73;8:45 am] Marina Mercante S.A.: Alonso de Ojeda. FEDERAL MARITIME COMMISSION Certifi­ Elcano. cate No. Owner/ Operator and vessels Artico. CERTIFICATES OF FINANCIAL RESPONSI­ 01549— Strick Line Ltd.: Pedro de Alvarado. BILITY (OIL POLLUTION) Armanistan, Serbistan, Balu­ Okume. chistan, Khuzistan, Karaghis- 04499__ Junko Gyogyo Kabushiki Kaisha: Notice of Certificates Revoked tan, Registan, Floristan, Turk- Junkomaru No. 28. Notice of voluntary revocation is istan, Baharistan, Farsistan, 04516__ Shunkai Gyogyo Kabushiki Kai­ Kohistan, Gorjistan. sha: hereby given with respect to certificates 01550— Shahristan Steamship Co., Ltd.: Shunkaimaru No. 8. of financial responsibility (oil pollution) Shahristan. 04612__ O. F. Shearer & Sons, Inc.: - The Bank Line Ltd. : Duncan Bruce. which had been issued by the Federal 01641 — 05026__ Naviera Maritima Fluvial S.A.: Maritime Commission, covering the Northbank. 01839— Keystone Tankship Corp.: Paracas. below-indicated vessels, pursuant to part Ticonderoga. Capirona. Silver Line Ltd. : 05174__ Hanover Steamship Corp.: 542 of title 46 CFR and section 11 (p) (1) 01893— - Ocean Star. Bravenes. 05376__ stellman Transporation Co.: of the Federal Water Pollution Control 01999— Rederiaktiebolaget Motortank: Act, as amended. Danaland. JTS 100. “Dalmor” Przedsiebiorstwo Polo- JTS 200. . Certifi­ 02041 — 05437__ The Dow Chemical Co.: cate No. Owner/Operator and vessels ' wow Dalekomorskich I Uslug Rybackich : DC-310. 01012__ A/S Holmen-Hellefos : 05819__ Oy Finn Lines Ltd.: Harald Rinde. Piona. 02098— Omar Shipping Co.: Finn-Amer. 01059__ London & Overseas Freighters World Miracle. 06013__ Osaka Asahi Kaiun Kabushiki Ltd.: 02199— Atlantic Richfield Co. : Kaisha: London Advocate. Sheldon Clark. Kyokushin Maru. 01067-_Klosters Rederi A/S : Thomas B. Kimball. 06485.— Minibulk Shipping (K.M. Kaal- Sunward. Sinclair St. Louis. stad): Milady. 01103__ Poseidon Schiffahrt Gesellschaft Atlantic Barge No. 131. Newbuilding 21. Mit Beschrankter Haftung: Sinclair No. 5. Newbuilding 22. Transatlantic. Sinclair No. 6. Newbuilding 23. 01185__ Aksjeselskapet Kosmos : Sinclair No. 7. Newbuilding 24. Jarelsa. Sinclair No. 8. Sinclair No. 9. 06607__ Consolidation Marine Corp.: 01314__ Maralada Compania Naviera S.A.: Sinclair No. 17. Bauhinla. Rio Mar. J. E. Dyer. 06662__ Reederei Claus Peter Offen K.G.; 01346__ Partenreederei ms Belgrano: P. C. Spencer. Goslar. Belgrano. 02203---- The Superior Oil Co.: ,07671__ Ticonian Trading Corp.: Liberty Manufacturer. 01439__ Cory Maritime Limited; Barge 14. 02349— The Archontonisos Shipping Corsea, Corstar. Corp.: By the Commission. 01480__ Pilgrim Shipping Co., Ltd. : Ntina J. Patera. F rancis C. Hurney, Hadjitsakos. 02369__ Tsonelmar Maritime Corp.» Secretary. 01500__ Monarch Steamship Go., Ltd. : Panama: [PR Doc.73-7314 Filed 4-13-73;8:45 am] British Monarch. EVI T.

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 NOTICES 9457 A/S THOR DAHL AND POLYNESIAN LINE, Interested parties may inspect and ob­ may be submitted to the Secretary, LTD. tain a dopy of the agreement at the Federal Maritime Commission, Wash­ Notice of Agreement Filed Washington office of the Federal Mari­ ington, D.C. 20573, on or before time Commission, 1405 I Street NW,. April 26, 1973. Any person desiring Notice is hereby given that the follow­ room 1015; or may inspect the agree­ a hearing on the proposed agreement ing agreement has been filed with the ment at the field offices located at New shall provide a clear and concise state­ Commission for approval pursuant to York, N.Y., New Orleans, La., and San ment of the matters upon which 'they section 15 of the Shipping Act, 1916, as Francisco, Calif. Comments on such desire to adduce evidence. An allegation amended (39 Stat. 733, 75 Stat. 763, 46 agreements, including requests for hear­ of discrimination or unfairness shall be U.S.C. 814). ing, may be submitted to the Secretary, accompanied by a statement describing Interested parties may inspect and ob­ Federal Maritime Commission, Wash­ the discrimination or unfairness with tain a copy of the agreement at the ington, D.C., 20573, on or before May 7, particularity. If a violation of the act or Washington office of the Federal Mari­ 1973. Any person desiring a hearing on detriment to the commerce of the United time Commission, 1405 I Street, NW., the proposed agreement shall provide a States is alleged, the statement shall set room 1015; or may inspect the agreement clear and concise statement of the mat­ forth with particularity the acts and at the Field Offices located at New York, ters upon which they desire to adduce circumstances said to constitute such N.Y., New Orleans, La., and San Fran­ evidence. An allegation of discrimina­ violation or detriment to commerce. cisco, Calif. Comments on such agree­ tion or unfairness shall be accompanied A copy of any such statement should ments, including requests for hearing, bp a statement describing the discrimi­ also be forwarded to the party filing the may be submitted to the Secretary, Fed­ nation or unfairness with particularity. agreement (as indicated hereinafter) eral Maritime Commission, Washington, If a violation of the act or detriment and the statement should indicate that D.C., 20573, on or before May 7,1973. Any to the commerce of the United States this has been done. person desiring a hearing on the pro­ is alleged, the statement shall set forth Lykes Bros. Steamship Co., Inc. posed agreement shall provide a clear and with particularity the acts and circum­ Combi Line concise statement of the matters upon stances said to constitute such violation Cartainer Line/Cobelfret Lines which they desire to adduce evidence. An or detriment to commerce. Atlantic Shipping Co., S.A. allegation of discrimination or unfair­ A copy of any such statement should Gulf Container Line ness shall be accompanied by a statement also be forwarded to the party filing the Notice of agreement filed by: describing the discrimination or unfair­ agreement (as indicated hereinafter) Ronald A. Capone, Esq., Kirlin, Campbell & ness with particularity. If a violation of and the statement should indicate that Keating, The Farragut Building, 900 Seven­ the act or detriment to the commerce of this has been done. teenth Street, NW., Washington, D.C. 20006. the United States is alleged, the state­ Notice of agreement filed by: ment shall set forth with particularity Agreement No. 9988-3 among the Mr. Carl S. Parker, Jr., traffic manager, Gal­ above-named carriers modifies their or­ the acts and circumstances said to con­ veston Wharves, P.O. Box 328, 802 Rosen­ stitute such violation or detriment to berg, Galveston, Tex. 77550. ganic agreement to provide for associated commerce. membership pursuant to terms and con­ A copy of any such statement should Agreement No. T-2521-2, between the ditions set forth therein. also be forwarded to the party filing the board of trustees of the Galveston Dated April 9, 1973. agreement (as indicated hereinafter) and Wharves (Galveston) and Lykes Bros. the statement should indicate that this Steamship Co., Inc. (Lykes), modifies the F rancis C. H urney, has been done. basic agreement between the parties, Secretary. Notice of agreement filed by: which is a 3-year lease providing for first [FR Doc.73-7317 Filed 4-13-73;8:45 am] call on berth privileges for Lykes’ Seabee Francis L. Tetreault, Esq., Graham & James, barges at a covered barge loading, un­ 310 Sansome Street, San Francisco, Cali­ JAPAN LINE, LTD. ET AL. fornia 94104. loading, and interchange terminal. The purpose of the modification is to apply Notice of Agreement Filed Agreement No. 10048, covers an ar­ towards Lykes’ $70,000 annual guarantee rangement whereby the carriers named dockage and wharfage revenues received Notice is hereby given that the follow­ above may meet, discuss and attempt to by Galveston from Seabee barges work­ ing agreement has been filed with the agree upon and establish coordinated ing at Pier 35-North, 34-35 Cross-Over, Commission for approval pursuant to scheduling of sailings, and the publica­ and Pier 34. section 15 of the Shipping Act, 1916, as tion of unified sailing schedules for the amended (39 Stat. 733, 75 Stat. 763; 46 operation of their respective vessels in By order of the Federal Maritime U.S.C. 814). the trades between the west coast ports Commission. Interested parties may inspect and of the United States and Canada, on the Dated April 11,1973. obtain a copy of the agreement at the one hand, and American Samoa, Western Washington office of the Federal Mari­ Samoa, Tahiti, and certain other speci­ F rancis C. H urney, time Commission, 1405 I Street NW., fied ports in the South Pacific oh the Secretary. room 1015; or may inspect the agree­ [FR Doc.73-7315 Filed 4-13-73:8:45 am] ment at the field offices located at New other hand. York, N.Y., New Orleans, La., and San Dated April 9,1973. Francisco, Calif. Comments on such By order of the Federal Maritime CENTRAL GULF CONTRAMAR LINE ET AL. agreements, including requests for hear­ Commission. Notice of Agreement Filed ing, may be submitted to the Secretary, F rancis C. Hurney, Federal Maritime Commission, Wash­ Secretary. Notice is hereby given that the follow­ ington, D.C. 20573, on or before May 7, ing agreement has been filed with the 1973. Any person desiring a hearing on [FR Doc.73-7318 Filed 4-13-73;8:45 am] Commission for approval pursuant to the proposed agreement shall provide a section 15 of the Shipping Act, 1916, as clear and concise statement of the BOARD, OF TRUSTEES OF GALVESTON amended (39 Stat. 733, 75 Stat. 763, 46 matters upon which they desire to adduce WHARVES AND LYKES BROS. STEAM­ U.S.C. 814). evidence. An allegation of discrimina­ SHIP CO., INC. Interested parties may inspect and ob­ tion or unfairness shall be accompanied tain a copy of the agreement at the by a statement describing the discrimi­ Notice of Agreement Filed Washington office of the Federal Mari­ nation or unfairness with particularity. Notice is hereby given that the fol­ time Commission, 1405 I Street NW., If a violation of the act or detriment to lowing agreement has been filed with room 1015; or may inspect the agreement the commerce of the United States is the Commission for approval pursuant at the field offices located at New York, alleged, the statement shall set forth to section 15 of the Shipping Act, 1916, N.Y., New Orleans, La., and San Fran­ with particularity the acts and circum­ as amended (39 Stat. 733, 75 Stat. 763, cisco, Calif. Comments on such agree­ stances said to constitute such violation 46 U.S.C. 814). ments, including requests for hearing, or detriment to commerce.

FEDERAL REGISTER, V O L 38, NO. 72— MONDAY, APRIL 16, 1973 9458 NOTICES A copy of any such statement should ularity the act and circumstances said reports with accompanying procedural also be forwarded to the party filing the to constitute such violation or detriment suggestions “after which we will deter­ agreement (as Indicated hereinafter) to commerce. mine the course to be followed as to and the statement should indicate that A copy of any such statement should issues still unresolved.” this has been done. also be forwarded to the party filing the Pursuant to the Commission’s order, Kawasaki Kisen Kaisha, Ltd., Yamashita- agreement (as indicated hereinafter) and the parties met with the Director, Bureau Shinnihon Steamship Co., Ltd., Mitsui the statement should indicate that this of Hearing Counsel, and his designated O.S.K. Lines, Ltd., and Nippon Yusen. has been done. assistants. At his request, the parties sub­ Kaisha. Kawasaki Kisen Kaisha, Ltd., Mitsui O.S.K. mitted various statements in which they Lines, Ltd., Nippon Yusen Kaisha, Showa set forth calculations concerning their Notice of agreement filed by: Shipping Co., Ltd., Yamashita-Shinnihon particular monetary claims. Specifically, Charles F. Warren, Esq., 1100 Connecticut Steamship Co., Ltd., the New York Shipping Association Avenue NW., Washington, D.C. 20036. Notice of agreement filed by: (NYSA) submitted a “bill” directed against the three carriers serving the Agreement No. 9975-1, submitted on Charles F. Warren, Esq., 1100 Connecticut behalf of the above-named carriers, is Avenue NW., Washington, D.C. 20036. Puerto Rican trade for moneys which it an application for an extension of the claims are due and owing to the associa­ authority under agreement No. 9975, pro­ Agreement No. 9835-1, has been en­ tion in accordance with the Commission’s viding for the operation of a container- tered into by the six Japanese flag car­ decision of June 14, 1972. Similarly, four ship service by said carriers in the trade riers, named above, to amend their ap­ parties submitted statements requesting between Japanese ports and ports on the proved Agreement No. 9835, which au­ refunds from the NYSA on account of TJ.S. Atlantic Coast of North America. thorized the operation of a three-vessel claimed overassessments, namely, the Agreement No. 9975 was originally ap­ containership service in the trade be­ newsprint stevedore Daniels & Kennedy, proved by order dated August 26, 1972, tween Japanese ports and ports in Ore­ Inc., the various automobile carriers and by subsequent order dated Octo­ gon and Washington. This modification Wobtrans and Wallenius, and a group ber 26, 1972, with the stipulation that amends article 10 of the agreement by of 12 carriers operating in the foreign the carriers’ authority thereunder would eliminating the reference to its approval trades (States-Marine International, terminate on July 1, 1973, unless an ap­ for a limited duration and providing that Inc., Isthmian Lines, et al.). In addition plication for an extension of the author­ it shall continue in effect until can­ to these bills and claims, the parties ity conferred by the orders of approval celed by mutual assent of the parties. have developed certain data regarding was received by the Commission on or Agreement No. 9835, was originally ap­ past GAI payments and tonnages in re­ before May 1, 1973. On April 5, 1973, the proved by the Commission’s order of sponse to requests by the Director, carriers applied for continued approval February 25, 1971, and by a clarifying Bureau of Hearing Counsel and by each of agreement No. 9975 for the full 5-year supplemental order served on March 19, other. duration effective from the date of origi­ 1971, in docket No. 70-24, for a duration Unfortunately, the parties have not nal approval on August 26, 1972, as set that is scheduled to terminate on Au­ stipulated to the data submitted. With­ forth in article 12 of the agreement as gust 25, 1973. out going into detail here, disputes now originally filed. Dated April 10, 1973. center around the data, the specific amounts of underassessments and over­ Dated April 10, 1973. By order of the Federal Maritime assessments, the accountability for inter­ By order of the Federal Maritime Commission. est, an alleged existence of a “surplus” Commission. F rancis C. H urney, during the final year covered by agree­ F rancis C. H urney, Secretary. ment T-2390 and the manner and method Secretary. [FR Doc.73-7320 Filed 4-13-73;8:45 am] of payment of refunds due from NYSA. [FR Doc.73-7319 Filed 4-13-73;8:45 am] Although the parties have made a de­ gree of progress, the remaining differ­ [Docket No. 69-57] ences necessitate a remand of the pro­ JAPAN LINE, LTD., ET AL. TRANSAMERICAN TRAILER TRANSPORT, ceeding to the Office of Administrative Notice of Agreement Filed INC. ET AL. Law Judges for the limited purpose of Order of Reopening and Remand for Im­ resolving the remaining issues. This pro­ Notice is hereby given that the follow­ cedure has been recommended by many ing agreement has been filed with the plementation of Commission's Report and Order of the parties, although some suggest Commission for approval pursuant to that the Commission should first await section 15 of the Shipping Act of 1916, as Agreement No. T-2336—New York the decision from the U.S. Court of Ap­ amended (39 Stat. 733, 75 Stat. 763, 46 Shipping Association Cooperative Work­ peals for the District of Columbia Circuit U.S.C. 814). ing Arrangement, Nos. 71-2, 71-8, 71-26, on the pending consolidated proceedings Interested parties may inspect and ob­ and 71-34, Transamerican Trailer Trans­ reviewing the Commission’s decision of tain a copy of the agreement at the port, Inc., Seatrain Lines, Inc., Daniels & June 14, 1972. As has been made clear in Washington office of the Federal Mari­ Kennedy, Inc., Chandris America Lines, the past, the activity in these proceedings time Commission, 1405 I Street NW., Inc., Greek Line, Inc., Home Line Agency, now is directly only to the area of imple­ room 1015; or may inspect the agreement Inc., Incres Line v. The New York Ship­ mentation of the terms and conditions of at the field offices located at New York, ping Association, Inc. the approval of agreement T-2390. By our N.Y., New Orleans, La., and San Fran­ On September 14, 1972, the Commis­ reopening, we are not reconsidering our cisco, Calif. Comments on such agree­ sion ordered the Director, Bureau of decision or altering the terms of our ments, including requests for hearing, Hearing Counsel, to conduct meetings prior order, we are simply resolving the may be submitted to the Secretary, Fed­ with the parties in this proceeding in an manner and method adopted by NYSA eral Maritime Commission, Washington, effort to resolve issues relating to the im­ to accomplish the adjustments in the as­ D.C. 20573, on or before May 7,1973. Any plementation of the Commission’s deci­ sessments as are made necessary by the person desiring a hearing on the pro­ sion of June 14, 1972. The Commission terms and conditions of the approval of posed agreement shall provide a cear furthermore instructed the parties that agreement T—2390 contained in the Com­ and concise statement of the matters it “expect [s] definiteness of plans mission’s Report and Order of June 14, upon which they desire to adduce evi­ coupled with action taken toward con­ 1972. dence. An allegation of discrimination Therefore, it is ordered, That this pro­ or unfairness shall be accompanied by a summation as essential” and that “we do statement describing the discrimination not expect them to resurrect arguments ceeding is remanded to the Office of Ad­ in opposition to the spirit and the terms ministrative Law Judges for the limited or unfairness with particularity. If a vio­ purpose of implementing the manner and lation of the act of detriment to the and conditions of our approval of agree­ commerce of the United States is alleged, ment T-2390.” Following the meetings, method adopted by NYSA to accomplish the statement shall set forth with partic­ the Commission permitted the filing of the adjustments in the assessments as

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 NOTICES 9459 are made necessary by the terms and on matters relevant to their common car­ supplements related to the authorization conditions of the approval of agreement rier services, except as those matters re­ granted herein should be accepted for T-2390 contained in the Commission’s late to the carriage of military cargo filing. Report and Order of June 14, 1972. shipped by the Military Sealift Com­ It is further ordered, That the proceed­ mand, and more particularly relating to: The Commission orders: ing be reopened and a hearing be held (1) Cargo movement, the seasonality (A) The orders issuing certificates of expeditiously. and other .fluctuations of traffic flows, public convenience and necessity in the It is further ordered, That the Presid­ and related data bearing on the level dockets listed in the appendix hereto are ing Administrative Law Judge will issue and frequency of common carrier steam­ amended by substituting Natural Gas a supplemental initial decision. ship service required by shippers; Pipeline Co. of America as the buyer of By the Commission. (2) Cost of service, rates, rules and the subject gas in lieu of Lone Star Gas tariffs; and Co., as hereinbefore described and as [seal] F rancis C. Htjrney, (3) Practices in connection with the more fully described in the petition to Secretary. carriage of cargo, and the receipt and amend in this proceeding. In all other [FR Doc.73-7316 Filed 4-13-73;8:45 am] delivery of cargo, including interchange respects said orders shall remain in full with connecting land carriers. force and effect. Dated April 10, 1973. (B) . The rate schedule supplements U.S. FLAG-FAR EAST DISCUSSION listed in the appendix below are accepted AGREEMENT By order of the Federal Martime Com­ for filing effective February 9, 1973, and Notice of Agreement Filed mission. are designated as listed in the appendix. Notice is hereby given that the follow­ F rancis C. H urney, By the Commission. ing agreement has been filed with the Secretary. Commission for approval pursuant to [FR Doc.73-7321 Filed 4r-13-73;8:45 am] [seal] K enneth F. P lumb, section 15 of the Shipping Act, 1916, as Secretary. amended (39 Stat. 733,- 75 Stat. 763, 46 FEDERAL POWER COMMISSION Appendix U.S.C. 814). Interested parties may inspect and ob­ [Dockets Nos. G-7425, et al.] Assignment of con tract tain a copy of the agreement at the CERTIFICATES OF PUBLIC CONVENIENCE May 6,1971 Washington office of the Federal Mari­ AND NECESSITY D ocket designated S upp; N o. Certificate holder as F P C N o. time Commission, 1405 I Street NW., Order Amending Orders Issuing Certificates gas ra te room 1015; or may inspect the agree­ and Accepting FPC Gas Rate Schedule schedule ment at the field offices located at New Supplements for Filing N o. York, N.Y., New Orleans, La., and San Francisco, Calif. Comments on such April 5, 1973. G-7425...... G. J. Hollandsworth 1 4 (Operator) et al. agreements, including requests for hear­ On October 2, 1972, Lone Star Gas Co. G-17897___ Phillips Petroleum 344 5 ing, may be submitted to the Secretary, (Petitioner) filed on behalf of certain Co. G-17898___ Amoco Production 268 8 Federal Maritime Commission, Wash­ producers in dockets Nos. G-7425 et al., Co. ington, D.C. 20573, on or before May 7, a_ petition to amend the orders issuing G-17965.... Gulf Oil Corp. 341 6 certificates of public convenience and (Operator) et al. 1973. Any person desiring a hearing on G-18003__ _ Marathon Oil Co__ 47 7 the proposed agreement shall provide a necessity in said dockets pursuant to sec­ G-18004__ . Gulf Oil Corp. 177 7 clear and concise statement of the mat­ tion 7(c) of the Natural Gas Act by sub­ (Operator) et al. G-18005___ Norville Oil Co___ ..a 1 4 ters upon which they .desire to adduce stituting Natural Gas Pipeline Co. of G-20226___ Mobil Oil Corp...... 204 8 evidence. An allegation of discrimination America (Natural) as the buyer of the G-20293___ Humble Oil & R e­ 232 10 fining Co. or unfairness shall be accompanied by subject gas in lieu of Petitioner, all as CI60-112___ Atlantic Richfield Co. 483 8 a statement describing the discrimina­ more fully set forth in the petition to CI60-129___ Atlantic Richfield Co. 432 6 amend in this proceeding and the ap­ (Operator) et al. tion or unfairness with particularity. If CI60-163___ S un Oil Co______..a 380 6 a violation of the act or detriment to the pendix below. CI62-335___ Texaco, Inc ...... a 249 6 commerce of the United States is alleged, Petitioner requests that Natural be CI62-852___ Texas Pacific Oil Co., 68 9 Inc. (Operator) et al. 68 01 the statement shall set forth with par­ substituted as the buyer of certain gas 68 11 ticularity the acts and circumstances sales pursuant to a precedent agreement 68 12 CI64-H98... W. R. Hughey 3 3 said to Constitute such violation or detri­ dated May 6, 1971, which was the result (Operator) et al. ment to commerce. of a settlement of a dispute between Peti­ CI65-134___ S un Oil C o...... -a 423 5 CI68-962___ Chevron Oil Co., 43 7 A copy of any such statement should tioner and its affiliated companies and Western Division also be forwarded to the party 'filing Natural. By three separate orders issued (Operator) et al. the agreement (as indicated hereinaf­ February 9, 1973, in dockets Nos. CP71- C 169-328___ Sun Oil Co...... 468 7 CI71-90____ Lone Star Producing 92 4 ter) and the statement should indicate 274 (49 F P C -----), CP71-280 (49 FPC Co. that this has been done. - — ), and CP71-297 (49 MPC___ ), the Commission approved certain aspects of Notice of agreement filed by: the settlement. [FR Doc.73-7123 Filed 4-13-73; 8:45 am] D. G. Aldridge, Executive Vice President, After due notice by publication in the United States Lines, Inc., One Broadway, F ederal R egister, no petition to inter­ [Dockets Nps. CI71-S5, CI73-651] New York, N.Y. 10004. vene, notice of intervention, or protest to McCULLOCH OIL CORP. OF TEXAS Agreement No. 10050, entered into by: the granting of the petition to amend has been filed". Notice of Application and Petition To American Export »Lines, Inc., American Mail Amend Line Ltd., American President Lines, Ltd., The Commission finds: Lykes Bros. Steamship Company, Inc., Pa­ April 9, 1973. cific Far East Line, Inc., Sea-Land Service, (1) It is necessary and appropriate in Take notice that on March 30, 1973, Inc., States Steamship Company, United carrying out the provisions of the Natural States Lines, Inc., and Waterman Steam­ Gas Act and the public convenience and McCulloch Oil Corp. of Texas (Appli­ ship Corporation, cant) , 10880 Wilshire Boulevard, Los An­ necessity require that the orders issuing geles, Calif. 90024, filed in Docket No. all U.S.-flag common carriers by water certificates of public convenience and CI71-85, a petition to amend the order operating in the trades between foreign necessity in the various dockets listed in issuing a certificate of public conveni­ ports in the Far East and ports in the the appendix hereto should be amended as hereinafter ordered and conditioned. ence and necessity in said docket pur­ United States, covers an arrangement for (2) It is necessary and appropriate in suant to section 7(c) of the Natural Gas the exchange of information and for co­ carrying out the provisions of the Natural Act by deleting therefrom authorization operation in development of information Gas Act that the FPC gas rate schedule to sell natural gas to Arkansas Louisiana

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 9460 NOTICES Gas Co. (Arkla) from certain wells in view of the matter finds that a grant is a 5.53 percent discount of the fully the Mathers Ranch Field, Hemphill of the certificate is required by the public effective rate for the coops and a 4 per­ County, Tex., all as more fully set forth convenience and necessity. If a petition cent discount for the municipals. From in the petition to amend which is on file for leave to intervene is timely filed, or January 1, 1974, through December 31, with the Commission and open to public if the Commission on its own motion be­ 1974, there is a 2.76 percent discount for inspection. lieves that a formal hearing is required, coops and a 3 percent discount for mu­ Take further notice that on March 30, further notice of such hearing will be nicipals. The full rate is to be charged to 1973, Applicant filed in Docket No. CI73- duly given. both beginning January 1, 1975. 651 an application pursuant to section 7 Under the procedure herein provided The company requests a waiver of the (c) of the Natural Gas Act for a certifi­ for, unless otherwise advised, it will be 30-day notice requirement and of the cate of public convenience and necessity unnecessary for Applicant to appear or 60-day filing requirement for both cost be represented at the hearing. of service data and testimony and ex­ authorizng the sale for resale and deliv­ hibits. The company also requests a ret­ ery of natural gas in interstate com­ K enneth F. P lumb, roactive effective date of January 11, merce to Northern Natural Gas Co. Secretary. (Northern) from those wells dedicated 1973. [PR Doc.73-7192 Piled 4-13-73;8:45 am] The filing was noticed on February 9, to Arkla as described above and an ad­ 1973, and the period for the filing of peti­ ditional well, all as more fully set forth tions to intervene or protest ended in the application which is on file with [Docket No. E-8026] the Commission and open to public in­ March 2,1973. A timely petition to inter­ VIRGINIA ELECTRIC & POWER CO. vene was filed on February 28, 1973, by spection. the Electricities of North Carolina (Elec­ In its petition to amend in Docket No. Order Accepting for Filing and Making Ef­ tricities). In its petition. Electricities CI71-85, Applicant states that in order fective Revised Tariff Sheets and Reserv­ states that it is an unincorporated asso­ to prevent drainage and to effect im­ ing Issue for Hearing April 6, 1973. ciation representing all municipalities in mediate delivery of gas to the interstate North Carolina and further states that it market, it has secured from Arkla a re­ On February 8, 1973, Virginia Electric is a party to and affirms and supports the lease of certain wells from which North­ & Power Co. (Vepco) tendered for filing agreement included in Vepco’s filing. ern is already taking gas from the in- proposed changes in its rate schedules to Electricities asks the Commission to ap­ terest of other owners. Applicant is au­ its cooperative customers and in its FPC prove this settlement, or, alternatively, thorized to sell gas to Arkla at 21.5 cents Electrie Tariff, original volumes Nos. 1 should the settlement be disapproved in per thousand cubic feet at 14.65 lb/in2a and 2.1 The filing was supplemented on whole or in part, to set the matter for pursuant to Applicant’s FPC Gas Rate March 9, 1973, by submission of settle­ full investigation and hearing and sus­ Schedule No. 1. ment agreements between Vepco and its In Docket No. CI73-651, Applicant pro­ municipal and cooperative customers.2 pend for the full statutory period the poses to sell gas to Northern for 2 years The proposed changes, according to the effectiveness of Vepco’s proposed rates. at 35 cents per thousand cubic feet at company, would increase revenues from On March 2, 1973, a letter concerning 14.65 lb/in2a, subject to upward and jurisdictional sales and service by this filing was received from the Division downward British thermal unit adjust­ $4,515,000 based on a volume of sales for of Public Utilities of the Virginia State ment from a base of 950 British thermal the 12-month period ending December Corporation Commission (Virginia Com­ unit per cubic foot, within the contem­ 31, 1971. mission) . The Virginia Commission plation of § 2.70 of the Commission’s The revised tariff sheets consist of two states that it does not object to the pro­ general policy and interpretations (18 new rate schedules, one for REA coopera­ posed increased rates by Vepco, but does CFR 2.70). Applicant estimates initial tives entitled “Supplement A—Schedule take exception to the retroactive effective sales volumes at 875 M ft3 of gas per day. RC” and one for municipals and public date proposed by Vepco as to its coopera­ It appears reasonable and consistent utilities entitled “Supplement A—Sched­ tive schedule RC. The Virginia Commis­ ule RS’’. Vepco states that the new co­ sion indicates that it regulates the retail with the public interest in this case to rates charged by electric cooperatives, prescribe a period shorter than 15 days operative rate schedule changes the pres­ for the filing of protests and petitions ent flat energy charge rate to a two-part and several of the cooperatives which rate with both demand and energy might be affected by Vepco’s proposed to intervene. Therefore, any person de­ rate increase are operating on very thin siring to be heard or to make any protest charges, while the new municipal rate is with reference to said applications a demand and energy type rate similar margins. According to the Commission, should on or before April 26, 1973, file to the rate form presently in effect for it cannot fix rates retroactively under with the Federal Power Commission, those customers. Both rate schedules Virginia law and therefore approval of contain, for the first time, according to the proposed retroactive date will result Washington, D.C. 20426, a petition to in­ in irretrievable losses to the cooperatives. tervene or a protest in accordance with the company, a fossil fuel adjustment clause and a winter-summer differential While we can appreciate the concern of the requirements of the Commission’s the Virginia Commission in this matter, rules of practice and procedure (18 CFR in the demand charge.- The company indicates in its trans­ it nevertheless appears from the evidence 1.8 or 1.10). All protests filed with the of agreement in Vepco’s filing that these Commission will be considered by it in mittal letter and a supplemental letter filed on March 1, 1973, that agreements proposed new rates were fully agreed to determining the appropriate action to be by the cooperatives themselves on De­ taken but will not serve to make the Pro­ to these new rates have been obtained from 19 of its 22 resale municipal cus­ cember 27, 1972. It would appear that testants parties to the proceeding. Any they have had adequate time to have person wishing to become a party to a tomers and from all the cooperatives. Vepco further states that a basic con­ made applications for retail rate in­ proceeding or to participate as a party creases through the Virginia Commission. in any hearing therein must file a peti­ sideration for the agreement by the cus­ tomers was its agreement that it would Moreover, the proposed rate increases, tion to intervene in accordance with the though they would be effective retro­ Commission’s rules. not file with the Commission for further increase to either class before Septem­ actively, would be collected prospectively. Take further notice that, pursuant to Review of Vepco’s filing based on a test the authority contained in and subject to ber 1, 1974, and that no further increase would be effective before January 1,1975. year 1971 cost of service indicates that the jurisdiction conferred upon the the costs claimed and the proposed rates Federal Power Commission by sections 7 The agreed upon rates, according to are not excessive. The proposed rates, ac­ and 15 of the Natural Gas Act and the Vepco, include discounts so that there cording to the company, will yield a rate Commission’s rules of practice and pro­ will be a three-step implementation of of return for the cooperatives of 5.42 per­ cedure, a hearing will be held without the fully effective rate. From January 11, cent, and a 6 percent rate of return for further notice before the Commission on 1973, through December 31, 1973, there the municipals. We find that the pro­ this application if no petition to inter­ posed rates are not excessive and thore" vene is filed within the time required 1 gee attached app. A for designations. fore should be approved without herein, if the Commission on its own re­ 2 See attached app. B for designations. suspension.

FEDERAL REGISTER, V O L 38, NO. 72— MONDAY, APRIL 16, 1973 NOTICES 9461

With respect to the moratorium we Appendix A—Virginia Electric and P ower [Docket No. E-8026] will, however, institute an investigation Co.—F iled: March 8,1973; Effective: J an­ uary 11, 1973 Designation.—Supplement to service agree­ under section 206 of the Federal Power ment under FPC electric tariff.4 Act to determine whether or not the [Docket No. E-8036] Dated December 13,1972. moratorium contained in the settlement Tariff Designation Filed March 9,1973 rate schedule is in the public interest. Effective Jan u a ry 11, 1973. Seventh Revised Sheet No. 2 (Supersedes The Commission finds: Sixth Revised Sheet No. 2). S up­ Designation T o F P C (1) It is reasonable and appropriate Second Revised Sheet No. 12 (Supersedes ple­ of le tte r rate First Revised Sheet No. 12). C ustom er m e n t agreement to schedule and in the public interest pursuant to the N o. supplement N o. provisions of the Federal Power Act that Original Sheet No. 12-A. N o. Vepco’s filing tendered on February 8, First Revised Sheet No. 13 (Supersedes Original Sheet No. 13) To FPC Electric Tariff 1973, be accepted for filing and be per­ B-A-R-C E.C.1___ 1 16 76 mitted to be effective without suspension Original Volume No. 1. Central Virginia E.C. 1 22 94 Community E.C ___' 1 19 77 as hereinafter ordered and conditioned. Service Agreements Under Tariff Craig-Bote tourt E.C. 1 12 78 (2) The rate increase granted herein Mecklenburg E.C ___ 1 24 79 Sixth Revised Sheet No. 2 (Supersedes Northern Neck E.C .. 1 15 80 has been reviewed in light of and is con­ Fifth Revised Sheet No. 2). Northern Piedmont sistent with the Economic Stabilization Second Revised Supplement A 3 (Super­ E.C______1 16 81 Act of 1970 as amended, Executive Order sedes First Revised Supplement A) . Prince George E .C ... 1 13 82 11695, and the rules and regulations Prince William E.C. . 1 23 83 DESIGNATION OF REVISED SUPPLEMENT A— SCHEDULE RC Shenandoah Valley issued thereunder. E.C ___ ...... 1 23 84 (3) An investigation under section 206 Southside E.C ...... 1 36 86 Supple­ T o F P C Superseding Tri-County E.C _____ 1 13 86 of the Federal Power Act should be C ustom er m e n t ra te sched­ su pplem ent Virginia E.C ...... 1 15 87 N o. ule N o. N o. Albermarle EMC 3__ 1 13 88 ordered to determine whether the mora­ Cape Hatteras EMC . 1 4 89 torium provision contained in the settle­ Edgecombe-Martin B-A-R-C E.C.*__ 16 76 11 EMC...... 1 16 90 ment rate schedule is in the public Halifax EMC...... 1 10 91 interest. C entral Virginia 22 94 18 Roanoke EMC ______1 16 92 E.C ______Tideland EMC ______1 8 93 (4) Electricities should be permitted Community E.C.. 19 77 17 to intervene in the proceeding under sec­ Craig-Bote tourt E.C ______12 78 10 tion 206, as such participation may be 24 79 21 1 Electric Cooperative (Virginia) Mecklenburg E.C . 3 Electric Membership Corp. (North Carolina). in the public interest. Northern Neck E .C ...... 16 80 11 [FR Doc.73-7223 Filed 4-13-73;8:45 am] The Commission orders: Northern Pied­ m o n t E .C ______16 81 13 (A) The proposed rates tendered Prince George INTERIM COMPLIANCE PANEL herein on February 8, 1973, are accepted E .C ...... 13 82 11 P rin ce W illiam (COAL MINE HEALTH AND SAFETY) for filing to be effective as of January 11, E.C ...... 23 83 14 1973, subject to the terms and conditions Shenandoah FREEMAN COAL MINING CO. of this order. V alley E .C ...... 23 84 19 Southside E.C ____ 36 86 30 Notice of Opportunity for Public Hearing (B) Pursuant to section 206 of the Fed­ Tri-County E.C.. 13 86 10 eral Power Act, a hearing shall be held to Virginia E .C _____ 15 87 10 Application for Renewal Permit for Abemarle EMC 3. 13 88 10 determine if the moratorium which is a Cape Hatteras Noncompliance with the Interim Man­ part of the agreement contained in Vep­ EMC ...... 2...... 4 89 2 Edgecombe- datory Dust Standard (2.0 mg/m8) has co’s filing is unjust, unreasonable, un­ M artin E M C ----- 16 90 14 been received as follows: duly discriminatory, or preferential. Par­ Halifax EMC _____ 10 91 7 ties supporting the provision containing Roanoke EMC ___ 16 92 13 ICP Docket No. 20179, Freeman Coal Mining Tideland EMC ___ 8 93 5 Co., Orient No. 3 Mine, USBM ID NO. 11 an approximately 21-month moratorium 00600 0, Waltonville, Illinois: on the filing of a new rate by Vepco, and * Electric Cooperative (Virginia). Section ID No. 030 (1 west main north). an approximately 24-month moratorium 3 Electric Membership Corp. (North Carolina). Section ID No. 042 (7 west main north). on making any new rate effective, shall Appendix B—Virginia Electric & P ower Section ID No. 043 (6 west main north). serve evidence on April 20, 1973. Parties Co.—Dated : J anuary 25, 1973; F iled: Section ID No. 040 (8 west main north). opposing such provision shall serve evi­ March 9, 1973;. Effective: J anuary 11, Section ID No. 044 (3d south off 13E). dence on April 26, 1973. Supporting par­ 1973 Section ID No. 039 (13 west main south WN). ties shall serve rebuttal evidence on Section ID No. 033 (12 west main south April 30, 1973. Hearing and cross-exam­ 8 Identified by purchaser, the service agree­ WN). ination on all evidence shall commence ments are as follows : Section ID No. 031 (11 west main south). on May 10, 1973, beginning at 10 a.m., Section ID No. 025 (main west north). e.d.t., in a hearing room of the Federal Town of Blackstone. Power Commission, 441 G Street NW., Town of Culpeper. Washington, D.C. 20426. Town of Elkton. 4 Identified by purchaser, the supplements City of Franklin. to service agreements are as follows: (C) A Presiding Administrative Law Town of Blackstone. Judge, to be designated by the Chief Ad­ City of Harrisonburg. Town of Culpeper. ministrative Law Judge for that purpose Town of Iron Gate. Town of Elkton. (see “Delegation of Authority,” 18 CFR Town of Manassas. City of Franklin. 3.5(d)), shall preside at the hearing in Town of Wakefield. City of Harrisonburg. Town of Belhaven. Town of Iron Gate. this proceeding and shall prescribe rele­ Town of Manassas. vant procedural matters not herein Town of Edenton. Town of Wakefield. provided. Town of Enfield. Town of Belhaven. (D) Petitioner Electricities is hereby City of Elizabeth City. Town of Edenton. permitted to intervene in this proceed­ Greenville Utilities Commission. Town of Enfield. ing, subject to the rules and regulations Town of Hamilton. City of Elizabeth City. Greenville Utilities Commission. of the Commission. Town of Hertford. Town of Hamilton. (E) The secretary shall cause prompt Town of Hobgood. Town of Hertford. publication of this order in the F ederal Pamlico Power & Light Co. Town of Hobgood. Pamlico Power & Light Co. Register. . Town of Robersonville. Town of Scotland Neck. Town of RobersonVille. By the Commission. Town of Scotland Neck. Town of Tarboro. Town of Tarboro. [seal] K enneth F. P lumb, City of Washington. City of Washington. » Secretary. Town of Windsor. Town of Windsor.

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 No. 72—Pt. I- 9462 NOTICES Section ID No. 045 (33 north). held from public disclosure. Accordingly, (e) Gas Phase Reactions in the Section ID No. 041 (32 north). the meeting will not be open to the public. Near Wake of Jet Exhaust. Section ID No. 009 (east north chain (f) Aircraft-Induced Chemical pillars). H omer E. Newell, Reactions in the Upper At­ Section ID No. 034 (9 west main north). Associate Administrator, Na­ mosphere. Section ID No. 017 (main north 2EN). tional Aeronautics and Space (g) Influence of Pollutants on Stratospheric Energetics and In accordance with the provisions of Administration. Dynamics. section 202(b) (4) (30 U.S.C. 842(b) (4)) April 10, 1973. 4. Planetary Atmosphere Research. (a) Reaction Rate and Photolysis of the Federal Coal Mine Health and [PR Doc.73-7285 Filed 4-13-73;8:45 am] Safety Act of 1969 (83 Stat. 742, et seq., Studies of Atmospheric Con­ stituents of Venus, Mars and Public Law 91-173), notice is hereby Jupiter. given that requests for public hearing [Notice 73-32] (b) Physics and Chemistry of the as to an application for renewal may be NASA RESEARCH AND TECHNOLOGY Upper Atmosphere. filed on or before May 1, 1973. Requests ADVISORY COUNCIL, COMMITTEE ON 5. Entry Gas Physics Research. for public hearing must be filed in ac­ (a) Radiative Relaxation Behind cordance with 30 CFR part 505 (35 FR RESEARCH Strong Shock Waves in 11296, July 15,1970), as amended, copies Notice of Meeting Hydrogen-Helium Mixtures. of which may be obtained from the Panel (b) Mathematical Treatment of The NASA Research and Technology Gas Radiation Models. on request. Advisory Council, Committee on Re­ (c) High Temperature Radiating A copy of the application is available search will meet on April 25 and 26,1973, Flow Fields. for inspection and requests for public at the Headquarters of the National hearing may be filed in the office of the Aeronautics and Space Administration, A p r i l 26, 1973 Correspondence Control Officer, Interim Washington, D.C. 20546. The meeting Time: 8:30 a.m.-10:80 a.m. Compliance Panel, room 800, 1730 K Chairman’s report on the results of the will be held in room 625 on April 25 and latest Research and Technology Advisory Street NW., Washington, D.C. 20006. in room 226 on April 26, in Federal Of­ Council meeting to obtain Committee Dated April 10, 1973. fice Building 10B, 600 Independence Ave­ views and recommendations on the is­ nue SW., Washington, D.C. 20546. Mem­ sues and actions considered. George A. H ornbeck, bers of the public will be admitted to Time: 10:30 a.m .-ll:00 a.m. Chairman, Interim Compliance Panel. the meeting beginning at 8:30 a.m. on Executive Secretary’s report summarizing [PR Doc.73-7256 Piled 4-13-73;8:45 am] the activities of the OAST Research both days on a first come first served Council for the Committee’s considera­ basis up to the seating capacity of the tion and recommendations. NATIONAL AERONAUTICS AND rooms, which is about 40 persons for Time: 11:00 a.m.-3:00 p.m. SPACE ADMINISTRATION room 625 and 25 persons for room 226. Committee discussion of NASA’s basic re­ The NASA Research and Technology search in gas physics and chemistry to [Notice 73-31] Advisory Council, Committee on Re­ obtain assessment of the quality and the adequacy of the current program NASA AD HOC SUBCOMMITTEE OF search serves in an advisory capacity and to provide recommendations for fu­ THE SPACE SCIENCE AND APPLICA­ only. In this capacity, the committee is ture research directions. TIONS STEERING COMMITTEE FOR THE concerned with program goals, trends, Time: 3:00 p.m.—4:00 p.m. EVALUATION OF LARGE SPACE TELE­ content, scope and technical balance for Preparation for the Fall, 1973 Committee SCOPE EXPERIMENT PROPOSALS OAST basic research in the physical, Meeting. "NASA Basic Research in Han­ Notice of Meeting mathematical and life sciences as related dling Qualities of Aircraft” will be the to OAST aeronautics, space and nuclear The NASA ad hoc subcommittee of the principal technical topic for the next missions. The current chairman is Pro­ meeting. Plans for a presentation to the Space Science and Applications Steering fessor Abraham Hertzberg. There are 13 Committee for the evaluation of large members. The following list sets forth Committee on this topic will be dis­ space telescope experiment proposals the approved agenda and schedule for cussed, and future activities of the Com­ will meet at the Geo. C. Marshall Space the April 25 and 26, 1973, meeting of mittee will be considered. Flight Center on April 23, 24, and 25, the Research Committee. For further in­ H o m e r E . N e w e l l , 1973. The meeting will be held in the 10th formation, please contact Dr. H. H. Kurz- Associate Administrator, National floor conference room of Building 4200, weg: Area code 202-755-2306. Aeronautics and Space Adminis­ Geo. C. Marshall Space Flight Center, tration. A p r i l 25, 1973 Huntsville, Ala. 35812. Time: 8:30 a.m.-5:15 p.m. April 11,1973. The subcommittee will serve the Na­ Technical Presentation and Discussion, [FR Doc.73-7286 Filed 4-13-73;8:45 am] tional Aeronautics and Space Adminis­ “Review of NASA Basic Research in Gas tration in a consultative capacity to re­ Physics and Chemistry.” Purpose: To assess the quality and the adequacy of [Notice 73-30] view, evaluate, and categorize the ex­ our basic research program in gas physics NASA WAGE COMMITTEE and chemistry. The following presenta­ periments proposed for the planned large Notice of Establishment space telescope. After completing the tions will be made by speakers from NASA’s Ames, Langley, and Lewis Re­ Pursuant to section 9(a)(2) of the evaluation of the experiment proposals, search Centers and from the Jet Propul­ the subcommittee will be terminated. sion Laboratory: Federal Advisory Committee Act (Public Dr. Nancy G. Roman of headquarters, 1. Monte Carlo Computational Meth­ Law 92-463), and after consultation with ods for Diatomic Gases To Deter­ the Office of Management and Budget, I NASA, will chair the subcommittee, mine (a) Molecular Transition which will have 30 members. For further Probabilities, and (b) Diatomic have determined that the establishment information regarding the meeting, Molecular Modeling. of a NASA Wage Committee is in the 2. Quantum Mechanical Calculations public interest in connection with the please contact Dr. Thomas Kelsall: Area of Basic Properties of Diatomic code 202-755-3687. Gases. performance of duties imposed upon It has been determined that the sub­ 3. Atmospheric Pollution Research. NASA by law. The function of this com­ (a) Chemical Kinetic Studies. mittee will be to provide recommenda­ ject matter to be discussed at this meet­ (b) Chemical Kinetics of Air ing falls within the provisions of section Pollution Formation and tions to NASA relating to a survey of 552(b) of title 5 of the United States Destruction. wages and the establishment of wage (c) Remote Raman Scattering. schedules for trades and labor employees Code and that the public interest re­ (d) Remote Pollution Sensing quires that the discussion and evaluation with Laser Heterodyne Spec­ in the Cleveland, Ohio wage area. NASA of flight experiment proposals be with­ troscopy. has been designated as the “lead agency”

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 NOTICES 9463 for that area under Federal Personnel NATIONAL SCIENCE FOUNDATION File No. Manual Supplement 532-1. Airborne Freight Corp__ ___ 7-4370 ADVISORY PANEL FOR RESEARCH Atlas Consolidated Mining & Devel­ Dated April 9,1973. MANAGEMENT IMPROVEMENT opment Corp______7-4371 George M. Low, Notice of Meeting Florida East Coast Railway Co___ 7-4377 Great Western United Corp___ ;___ 7-4378 Acting Administrator. Pursuant to the Federal Advisory Com­ [FR Doc.73-7284 Filed 4-13-73; 8:45 am] mittee Act (Public Law 92-463) notice Upon receipt of a request, on or before is hereby given that a meeting of the April 2,1973, from any interested person, [Notice 73-29] Advisory Panel for Research Manage­ the Commission will determine whether ment Improvement will be held on the application with respect to any òf SPACE SHUTTLE MAIN ENGINE COMPO­ April 26 and 27, 1973. The purpose of the companies named shall be set down NENT AND SUBSYSTEM TESTING, CALIF. this Panel is to provide advice and rec­ for hearing. Any such request should Availability of Draft Environmental Impact ommendations as part of the review and state briefly the title of the security in Statement evaluation process for specific proposals which he is interested, the nature of the and projects. interest of the person making the request, Notice is hereby given of the public and the position he proposes to take at availability of the draft Environmental A p r i l 26 S e s s i o n the hearing, if ordered. In addition, any Impact Statement for the Space Shuttle Time of meeting.—6:45 to 10 p.m. interested person may submit his views Main Engine Component and Subsystem Location of meeting.—Green Room, Nassau or any additional facts bearing on any Testing, Santa Susana, Calif. Inn, Palmer Square, Princton, N.J. 08540. of the said applications by means of a This project will provide modifications Agenda.—The agenda will be devoted to letter addressed to the Secretary, Secu­ to existing Government-owned test fa­ the review and evaluation of research pro­ rities and Exchange Commission, Wash­ cilities at Santa Susana for development posals. ington, D.C., 20549, not later than the and qualification testing of a reusable April 27 Session date specified. If no one requests a hear­ high-pressure throttleable liquid oxygen/ Time of meeting.—8:45 a.m. to 3 p.m. ing with respect to any particular appli­ liquid hydrogen rocket engine to be used Location of meeting.—Room B, Prospect cation, such application will be determ­ on the Space Shuttle Orbiter. House, Princeton University, Princeton, ined by order of the Commission on the Comments on the draft environmental N.J. 08540. basis of the facts stated therein and statement and on matters set forth Agenda.—The agenda will be devoted to other information contained in the offi­ therein are solicited from and may be the review and evaluation of research pro­ cial flies of the Commission pertaining submitted by State and local agencies and posals. thereto. members of the public. Such comments This meeting is concerned with mat­ should be submitted to the Associate Ad­ ters which are within the exemptions of For the Commission, by the Division ministrator, National Aeronautics and the Freedom of Information Act, 5 U.S.C. of Market Regulation, pursuant to dele­ Space Administration, Washington, D.C. 552(b) and will not be open to the public gated authority. 20546. All comments must be received on in accordance with the determination [seal] R onald F. H unt, or before June 15, 1973, in order to be Secretary. considered in the preparation of the final by the Director of the National Science environmental statement. Foundation dated January 15, 1973, pur­ [FR Doc.73-7299 Filed 4-13-73;8:45 am] Copies of the draft statement may be suant to the provisions of section 10(d) obtained or examined at any of the fol­ of the Federal Advisory Committee Act. . [File Nos. 7-4373, 7-4374] lowing locations: For further information concerning this CHAMPION INTERNATIONAL CORP. AND (a) National Aeronautics and Space Ad­ Panel, contact Miss Jean DeBell, Pro­ CITY INVESTING CO. ministration, Public Documents Room (room gram Director, Research Management 126), 600 Independence Ave. SW., Washing­ Notice of Application for Unlisted Trading ton, D.C. 20546. Improvement Program, Directorate for Privileges and of Opportunity for Hearing (b) Ames Research Center, NASA (budd­ National and International Programs, ing 201, room 17), Moffett Field, Calif. 94035. Room 648, 1800 G Street NW., Washing­ April 9,1973. (c) Flight Research Center, NASA (build­ In the matter of application of the ing 4800, room 1017), P.O. Box 273, Edwards, ton, DC 20550. PBW Stock Exchange, Inc., for unlisted Calif. 93523. T. E. J enkins, trading privileges in a certain security. (d) Goddard Space Flight Center, NASA Assistant Director (building 8, room 150), Greenbelt, Md. 20771. for Administration. The above named national securities (e) Johnson Space Center, NASA (building exchange has filed an application with 1, room 136), Houston, Tex. 77058. April 9, 1973. the Securities and Exchange Commission (f) John F. Kennedy Space Center, NASA [FR Doc.73-7281 Filed 4-13-73;8:45 am] ^ pursuant to Section 12(f) (1) (B) of the (Headquarters Building, room 1207), Ken­ Securities Exchange Act of 1934 and Rule nedy Space Center, Fla. 32899. (g) Langley Research Center, NASA (build­ SECURITIES AND EXCHANGE 12f-l thereunder, for unlisted trading ing 1219, room 304), Hampton, Va. 23365. COMMISSION privileges in the preferred stock of the (h) Lewis Research Center, NASA (Ad­ following companies, which securities are ministration Building, room 120), 21000 [File Nos. 7-4370, etc.] listed and registered in one or more other Brookpark Road, Cleveland, Ohio 44135. AIRBORNE FREIGHT CORP. ET AL. national securities exchanges: (i) George C. Marshall Space Flight Center, File No. NASA (building 4200, room G -ll), Hunts­ Notice of Applications for Unlisted Trading Champion International Corp., $1.20 ville, Ala. 35812. Privileges and of Opportunity for Hearing cumulative convertible preference (j) Mississippi Test Facility, NASA (build­ stock, $1 par value______7-4373 ing 1100, room A-213), Bay St. Louis, Miss. April 9, 1973. City Investing Co., $2 cumulative 39520. In the,matter of applications of the convertible preference, series B (k) NASA Pasadena Office (Jet Propulsion stock, $1 par value______7-4374 Laboratory, building 180, room 600), 4800 Oak PBW Stock Exchange, Inc., for unlisted Grove Drive, Pasadena, Calif. 91103. trading privileges in certain securities. ■ Upon receipt of a request, on or before (l) Wallops Station, NASA (Library Build­ The above named national securities April 25, 1973, from any interested per­ ing, room E-105), Wallops Island, Va. 23337. exchange has filed applications with the son, the Commission will determine Done at Washington, D.C., this 9th Securities and Exchange Commission whether the application shall be set down day of April 1973. pursuant to section 12(f) (1) (B) of the for hearing. Any such request should By direction of the Administrator. Securities Exchange Act of 1934 and Rule state briefly the nature of the interest of H omer E. N ewell, 12f—1 thereunder, for unlisted trading the person making the request and the Associate Administrator, Na­ privileges in the common stocks of the position he proposes to take at the hear­ tional Aeronautics and Space following companies, which securities ing, if ordered. In addition, any inter­ Administration. are listed and registered on one or more ested person may submit his views or [FR Doc.73-7283 Filed 4-13-73;8:45 am] other national securities exchanges: any additional facts bearing on the said

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 9464 NOTICES application by means of a letter ad­ [811-746] change Commission, Washington, D.C. dressed to the Secretary, Securities and F-D CAPITAL FUND 20549. A copy of such request shall be Exchange Commission, Washington, D.C. served personally or by mail (airmail not later than the date specified. Notice of Filing of Application for Order if the persons being served are located If no one requests a hearing, this appli­ Declaring That Applicant Has Ceased To more than 500 miles from the point of cation will be determined by order of the Be an Investment Company mailing) upon Applicant at the address Commission on the basis of the facts April 9, 1973. stated above. Proof of such service (by stated therein and other information Notice is hereby given that F-D Capital affidavit, or in case of an attorney at contained in the official files of the Com­ Fund, 89 Devonshire Street, Boston, law, by certificate) shall be filed con­ mission pertaining thereto. Mass. 02109 (Applicant), a trust orga­ temporaneously with the request. At any For the Commission, by the Division nized under the laws of Nevada and time after said date, as provided by Rule registered under the Investment Com­ 0-5 of the Rules and Regulations pro­ of Market Regulation, pursuant to dele­ mulgated under the Act, an order dis­ gated authority. pany Act of 1940 (the Act> as a diversi­ fied, open-end management investment posing of the application herein may be [seal] Ronald F. Hunt, company, has filed an application pur­ issued upon the basis of the information Secretary. suant to section 8(f) of the Act for an stated in said application, unless an [FR Doc.73-7300 Filed 4r-13-73;8:45 am] order of the Commission declaring that order for hearing upon said application Applicant has ceased to be an investment shall be issued upon request or upon the company as defined in the Act. All in­ Commission’s own motion. Persons who , [File No. 7-4354] terested persons are referred to the ap­ request a hearing or advice as to whether GENERAL HOST CORP. plication on file with the Commission for a hearing is ordered will receive notice a statement of the representations con­ of further developments in the matter, Notice of Application for Unlisted Trading including the date of the hearing, if Privileges and of Opportunity for Hearing tained therein which are summarized below. ordered, and any postponements thereof. April 9, 1973. On November 24, 1972, subsequent to For the Commission, by the Division In the matter of application of the ratification of a purchase agreement by of Investment Management Regulation, PBW Stock Exchange, Inc., for unlisted the shareholders of Applicant, Pine Tree pursuant to delegated authority. Fund, Inc. (Pine Tree), a diversified, trading privileges in a certain security. [seal] R onald F. Hunt, The above named national securities open-end management investment com­ - Secretary. exchange has filed an application with pany registered under the Act, which had the Securities and Exchange Commission been organized to be a Delaware corpor­ [FR Doc.73-7302 Filed 4-13-73;8:45 am ] pursuant to section 12(f)(1)(B) of the ate successor to Applicant, purchased the Securities Exchange Act of 1934 and Rule net assets of Applicant in exchange for ■ [File Nos. 7-4376, 7-4379] 12f—1 thereunder, for unlisted trading 191,415.86 shares of common stock of GREAT WESTERN UNITED CORP. AND privileges in the debentures of the follow­ Pine Tree which were delivered to the ETHYL CORP. ing company, which security is listed and National Shawmut Bank of Boston for Notice of Application for Unlisted Trading registered on one or more other national delivery to Applicant’s shareholders upon Privileges and of Opportunity for Hearing securities exchange: surrender of share certificates previously File No. issued by Applicant. Since November 24, April 9,1973. General Host Corp., 5 percent con­ 1972, Applicant has not entered into any In the matter of application of the vertible subordinated debentures. 7-4354 transactions nor has it acquired any as­ PBW Stock Exchange, Inc., for unlisted sets or liabilities. Applicant has no assets trading privileges in a certain security. Upon receipt of a request, on or before or liabilities and all of its former share­ The above named national securities April 25, 1973, from any interested per­ holders have received shares of Pine Tree exchange has filed an application with son, the Commission will determine or will receive such shares upon surren­ the Securities and Exchange Commission whether the application shall be set der of any share certificates of Applicant pursuant' to section 12(f) (1) (B) of the down for hearing. Any such request which they may hold. Consequently, Ap­ should state briefly the nature of the Securities Exchange Act of 1934 and rule interest of the person making the plicant asserts that it has ceased to be 12f-l thereunder, for unlisted trading request and the position he proposes an investment company as defined in the privileges in the preferred stock of the to take at the hearing, if ordered. Act. following companies, which securities In addition, any interested person Section 8(f) of the Act provides, in per­ are listed and registered on one or more may submit his views or any addi­ tinent part, that when the Commission, other national securities exchanges: tional facts bearing on the said applica­ upon application, finds that a registered Vile No. tion by means of a letter addressed to the investment company has ceased to be an Great Western United Corp., $1.88 Secretary, Securities and Exchange Com­ investment company it shall so declare by cumulative preferred stock, no par order, and upon the taking effect of such v a lu e ____ _„______7 -4 3 7 9 mission, Washington, D.C. 20549, not order the registration of such company Ethyl Corp., $2.40 cumulative con­ later than the date specified. If no one re­ shall cease to be in effect. vert preferred series A stock $10 quests a hearing, this application will be par valuer______7 -4 3 7 6 determined by order of the Commission Notice is further given that any in­ on the basis of the facts stated therein terested person may, not later than Upon receipt of a request, on or before and other information contained in the May 2, 1973, at 5:30 p.m., submit to the April 25, 1973 from any interested per­ official files of the Commission pertaining Commission in writing a request for a son, the Commission will determine thereto. hearing on the matter accompanied by whether the application shall be set a statement as to the nature of his in­ down for hearing. Any such request For the Commission, by the Division of terest, the reason for such request, and should state briefly the nature of the Market Regulation, pursuant to dele­ the issues, if any, of fact or law proposed interest of the person making the re­ gated authority. to be controverted, or he may request quest and the position he proposes to that he be notified if the Commission take at the hearing, if ordered. In ad­ [seal] R onald F. Hunt, should order a hearing thereon. Any dition, any interested person may submit Secretary. spch communication shall be addressed his views or any additional facts bear­ [FR Doc.73-7301 Filed 4-13-73;8:45 am] to the Secretary, Securities and Ex­ ing on the said application by means of

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 NOTICES 9465 a letter addressed to the Secretary, Se­ For the Commission, by the Division The above-named national securities curities and Exchange Commission, of Market Regulation, pursuant to dele­ exchange has filed an application with Washington, D.C. 20549, not later than gated authority. the Securities and Exchange Commis­ the date specified. If no one requests a sion pursuant to section 12(f) (1) (B) of hearing, this application will be deter­ [seal] R onald F. Hunt, Secretary. the Securities Exchange Act of 1934 and mined by order of the Commission on rule 12f-l thereunder, for unlisted trad­ the basis of the facts stated therein and [FR Doc.73-7298 Filed 4-13-73;8:45 am] ing privileges in the common 'stock of other information contained in the of­ the following company, which security ficial files of the Commission pertaining [File No. 500-1] is listed and registered on one or more thereto. other national securities exchange : For the Commission, by the Division of ORECRAFT, INC. Rapid-American Corp_____ File No. 7-4353 Market Regulation, pursuant to delegated Order Suspending Trading authority. Upon receipt of a request, on or before April 4,1973. April 25, 1973, from any interested per­ [seal] R onald F. Hunt, It appearing to the Securities and Ex­ son, the Commission will determine Secretary. change Commission that the summary whether the application shall be set [FR Doc.73-7294 Filed 4-13-73;8:45 am] suspension of trading in the common down for hearing. Any such request stock, $0.04 par value, and all other se­ should state briefly the nature of the curities of Orecraft, Inc., being traded interest of the person making the re­ [File No. 7-4355, etc.] otherwise than on a national securities quest and the position he proposes to INTERSTATE BRANDS CORP. exchange is required in the public inter­ take at the hearing, if ordered. In addi­ Notice of Applications for Unlisted Trading est and for the protection of investors; tion, any interested person may submit Privileges and of Opportunity for Hearing It is ordered, Pursuant to section 15 his views or any additional facts bearing (c) (5) of the Securities Exchange Act of on the said application by means of a April 9,1973. 1934, that trading in such securities letter addressed to the Secretary, Se­ In the matter of applications of the otherwise than on a national securities curities and Exchange Commission, PBW Stock Exchange, Inc., for unlisted exchange be summarily suspended, this Washington, D.C., 20549 not later than trading privileges in certain securities. order to be effective for the period from the date specified. If no one requests a The above named national ¡securities 11 a.m., e s.t., April 5, 1973, and continu­ hearing, this application will be deter­ exchange has filed applications with the ing through April 14, 1973. mined by order of the Commission on Securities and Exchange Commission the basis of the facts stated therein and pursuant to section 12(f)(1)(B) of the By the Commission. other information contained in the offi­ Securities Exchange Act of 1934 and rule [seal] R onald F. Hunt, cial files of the Commission pertaining 12f-l thereunder, for unlisted trading Secretary. thereto. privileges in the common stocks of the [FR Doc.73-7292 Filed 4-13-73;8:45 am] following companies, which securities are For the Commission, by the division listed and registered on one or more of market regulation, pursuant to dele­ other national securities exchanges: [FUe No. 500-1] gated authority. [seal] R onald F. H unt, File No. PHOTON, INC. Interstate Brands Corp______7-4355 Secretary. Jefferson Stores, Inc______7-4356 Order Suspending Trading [FR Doc.73-7296 Filed 4-13-73;8:45 am] Louisiana Pacific Corp______7—4357 Mitchell Energy & Development April 5, 1973. Corp ------7-4358 It appearing to the Securities and Ex­ [File Nos. 7-4364, 7-4361] National Detroit Corp.______7-4359 change Commission that the summary Pubco Petroleum Corp______T 7-4362 suspension of trading in the common REYNOLDS (R. J.) INDUSTRIES, INC. AND Putnam’s (G. P.) Sons______7-4363 stock, $1 par value and all other se­ NORTHWEST INDUSTRIES, INC. Signet Corp______7-4365 curities of Photon, Inc. being traded Notice of Application for Unlisted Trading Upon receipt of a request, on or before otherwise than on a national securities Privileges and of Opportunity for Hearing April 25, 1973 from any interested per­ exchange is required in the public inter­ April 9, 1973. est and for the protection of investors; son, the Commission will determine In the matter of application of the whether the application with respect to It is ordered, Pursuant to section 15(c) (5) of the Securities Exchange Act of PBW Stock Exchange, Inc., for unlisted any of the companies named shall be set trading privileges in a certain security. down for hearing. Any such request 1934, that trading in such securities should state briefly the title of the secu­ otherwise than on a national securities The above-named national securities rity in which he is interested, the nature exchange be summarily suspended, this exchange has filed an application with order to be effective for the period from the Securities and Exchange Commission of the interest of the person making the pursuant to section 12(f) (1) (B) of the request, and the position he proposes to 11 a.m., e.s.t., April 5, 1973, through April 14,1973. Securities Exchange Act of 1934 and rule take at the hearing, if ordered. In addi­ 12f-l thereunder, for unlisted trading tion, any interested person may submit By the Commission. privileges in the preferred stock of the his views or any additional facts bear­ [seal] R onald F. H unt, following companies, which securities ing on any of the said applications by Secretary. are listed and registered on one or more means of a letter addressed to the Secre­ other national securities exchanges: [FR Doc.73-7293 Filed 4-13-73;8:45 am] tary, Securities and Exchange Commis­ File No. sion, Washington, D.C. 20549, not later Reynolds (R. J.) Industries, Inc., [FUe No. 7-4353] $2.25 Convertible Preferred Stock, than the date specified. If no one re­ no par value______7-4364 quests a hearing with respect to any RAPID-AMERICAN CORP. Northwest Industries, Inc., $5 Cum. particular application, such application Convertible Pref., Series C. Stock, Notice of Application for Unlisted Trading no par value.______!’_ 7-4361 will be determined by order of the Com­ Privileges and of Opportunity for Hearipg Upon receipt of a request, on or before mission on the basis of the facts stated April 9,1973. therein and other information contained April 25, 1973, from any interested per­ In the matter of application of the son, the Commission will determine in the official files of the Commission Boston Stock Exchange for unlisted trad­ whether the application shall be set Pertaining thereto. ing privileges in a certain security. down for hearing. Any such request

FEDERAL REGISTER, V O L 38, NO. 72— MONDAY, APRIL 16, 1973 9466 NOTICES should state briefly the nature of the For the Commission, by the division of Traders Investment Corp., was licensed interest of the person making the re­ market regulation, pursuant to dele­ as a small business investment company quest and the position he proposes to gated authority. on April 22, 1963, to operate solely under the Small Business Investment Act of take at the hearing, if ordered. In ad­ [seal] R onald F. Hunt, dition, any interested person may sub­ Secretary. 1958 (the act), as amended (15 U.S.C. mit his views or any additional facts 661 et seq.), and the regulations bearing on the said application by means [FR Doc.73-7295 Filed 4-13-73;8:45 am] promulgated thereunder. of a letter addressed to the Secretary, Under the authority vested by the act, Securities and Exchange Commission, [File No. 500-1] pursuant to the cited regulation, the sur­ Washington 25, D.C., not later than the render of the license is hereby accepted date specified. If no one requests a hear­ WORLD WIDE REALTY AND INVESTING and all rights, privileges, and franchises ing, this application will be determined CORP. therefrom are canceled. by order of the Commission on the basis Order Suspending Trading of the facts stated therein and other Dated April 10,1973. information contained in the official files April 5, 1973. J ames T homas Phelan, of the Commission pertaining thereto. • It appearing to the Securities and Ex­ Deputy Associate Administrator change Commission that the summary for Investment. For the Commission, by the division suspension of trading in the common of market regulation, pursuant to dele­ stock, $0.25 par value, and all other se­ [FR Doc.73-7250 Filed 4-13-73;8:45 am] gated authority. curities of World Wide Realty and In­ [seal] R onald F. H unt, vesting Corp. being traded otherwise VETERANS ADMINISTRATION Secretary. than on a national securities exchange 820 BED REPLACEMENT HOSPITAL, LOS is required in the public interest and for ANGELES, CALIF. [FR Doc.73-7297 Filed 4-13-73;8:45 am] the protection of investors; Notice of Availability of Final It is ordered, Pursuant to section 15 Environmental Impact Statement [File No. 7-4366, etc.] (c) (5) of the Securities Exchange Act of 1934, that trading in such securities Notice is hereby given that a document SOUTHWESTERN INVESTMENT CO., INC. otherwise than on a national securities entitled “Final Environmental Statement Notice of Applications for Unlisted Trading exchange be summarily suspended, this for an 820 Bed Replacement Veterans Privileges and of Opportunity for Hearing order to be effective for the period from Administration Hospital, Los Angeles, April 9, 1973. 1 p.m., e.s.t., April 5, 1973, and continu­ California,” issued pursuant to the Vet­ erans Administration’s implementation In the matter of applications of the ing through April 14, 1973. By the Commission. of section 102(2) (C) of the National En­ PBW Stock Exchange for unlisted trad­ vironmental Policy Act of 1969 is being ing privileges in certain securities. [seal] R onald F. Hunt, placed in the following office: The above-named national securities Secretary. Mr. Arthur W. Farmer, Assistant Chief exchange has filed applications with Medical Director for Administration and the Securities and Exchange Commis­ [FR Doc.73-7291 Filed 4^13-73;8:45 am] sion pursuant to section 12(f) (1)(B) of Facilities (13), room 600, Veterans Ad­ the Securities Exchange Act of 1934 and SMALL BUSINESS ADMINISTRATION ministration, 810 Vermont Avenue NW., rule 12f-l thereunder, for unlisted trad­ Washington, D.C. 20420. ing privileges in the common stocks of OFFICE OF ADVISORY COUNCILS This project consists of an 820 bed Annual Meeting medical, surgical, neurological and psy­ the following companies, which securi­ chiatric hospital. This hospital will re­ ties are listed. and registered on one The annual meeting of the Small Busi­ place the present hospital buildings or more other national securities ness Administration National Advisory which have been found to be unsafe for exchanges : Council will be held Thursday and Fri­ File No. occupancy in the event of a major earth­ day, May 17 and 18, starting at 9 a.m. quake. The site is in the southwest quad­ Southwestern Investment Co_____ 7-4366 each day in the community meeting Williams Companies______!___ _ 7-4367 rant of the intersection of Wilshire Wrather Corp______- 7-4369 room, Harbour Town, Hilton Head Is­ Boulevard and the San Diego Freeway in land, S.C., to discuss advice on policy the northwest section of Los Angeles, Upon receipt of a request, on or before matters referred to the National Council California. This statement discusses the April 25, 1973, from any interested per­ by the District Councils and all other environmental impact of our hospital re­ son, the Commission will determine matters which are introduced and fall placement in that location. Included with whether the application with respect to within the authority of the council to the statement are the comments received any of the companies named shall be advise the Small Business Administra­ set down for hearing. Any such request tion. from Federal agencies on the draft state­ should state briefly the title of the se­ ment of which notice of availability was [seal] J ohn J ameson, curity in which he is interested, the na­ Director. published in the F ederal R egister dated ture of the interest of the person making July 19, 1972 (37 FR 14346), and the the request, and the position he proposes [FR Doc.73-7249 Filed 4-13-73:8:45 am] Veterans Administration’s response to to takë at the hearing, if ordered. In ad­ dition, any interested person may sub­ these comments. mit his views or any additional facts [License No, 12/13-0015] The environmental impact statement, bearing on any of the said applications TRADERS INVESTMENT CORP. including the comments and the Veter­ by means of a letter addressed to the Notice of License Surrender ans Administration’s responses, will be Secretary, Securities and Exchange Notice is hereby given that Traders furnished upon request addressed to the Commission, Washington, D.C. 20549, Assistant Chief Medical Director for Ad­ not later than the date specified. If no Investment Corp., 500 Wall Street, Seat­ one requests a hearing with respect to tle, Wash. 98121, has surrendered its li­ ministration and Facilities (13) at the any particular application, such appli­ cense to . operate as a small business above address. cation will be determined by order of the investment company pursuant to § 107.-. Dated April 11, 1973. Commission on the basis of the facts 105 of the Small Business Administration stated therein and other information rules and regulations governing small [seal] D onald E. J ohnson, contained in the official files of the Com­ business investment companies (13 CFR Administrator. mission pertaining thereto. 107.105 (1972)). [FR Doc.73-7313 Filed 4-13-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 NOTICES 9467 COST OF LIVING COUNCIL cancellation or postponements of hear­ I.C.C. A-12190. Rates are published to ings in which they are interested. No become effective on May 25, 1973. health in d u str y w age and sa la ry amendments will be entertained after COMMITTEE the date of this pubication. By the Commission. Notice of Meetings MC 135875 sub 1, Clarence R. Berger, now [seal] R obert L. Oswald, Pursuant to the provisions of the Fed­ being assigned May 22, 1973, at Madison, Secretary. eral Advisory Committee Act (Public Wis., in a bearing room . to be later [FR Doc.73-7309 Filed 4-13-73;8:45 am] Law 92-463, 86 Stat. 770) notice is hereby designated. given that the Health Industry Wage and MC—136932, Merchants’ Speedy Delivery Ltd., now being assigned hearing June 19, 1973 [Notice 253] Salary Committee, established under the (3 days)-, at Lansing, Mich., in a hearing authority of section 212(f) of the room to be later designated. MOTOR CARRIER BOARD TRANSFER Economic Stabilization Act, as amended, MC 100623 sub 38, Hourly Messengers, Inc., PROCEEDINGS § 4(a) (iv) of Executive Order 11695, and d.b.a. H. M. Package Delivery Service, now Cost of Living Council Order No. 14, will being assigned May 30, 1973, at the offices Synopses of orders entered by the meet at 10 a.m. on April 19 and on May 2, of the Interstate Commerce Commission, Motor Carrier Board of the Commission 17, and 30, 1973, in room 7206, 2000 M Washington, D.C. pursuant to sections 212(b), 206(a), 211, Street NW., Washington, D.C. MC—C-7840, The Millenburg ' Tours, Inc.— 312(b), and 410(g) of the Interstate V-Lillian Hofmeister, now being assigned Commerce Act, and rules and regulations The Health Industry Wage and Salary hearing June 5, 1973 (1 day), at Balt- prescribed thereunder (49 CFR part Committee will be holding these meetings more, Md., in a hearing room to be later 1132), appear below: to perform three basic functions: designated. Each application (except as other­ 1. Review pending and new health in­ ISM—26691, Bus Fares, New York-Keansburg- dustry wage and salary cases filed with Long Branch Bus Co., now being assigned wise specifically noted) filed after the Cost of Living Council and advise on hearing May 21,1973 (3 days), at New York, March 27, 1972, contains a statement by their disposition. N.Y., in a hearing room to be later desig­ applicants that there will be no signifi­ 2. Advise the Cost of Living Council nated. cant effect on the quality of the human MC-30844 sub 450, Kroblin Refrigerated enviroment resulting from approval of and the Labor-Management Advisory Xpress, Inc., MC-112822 sub 257, Bray Lines the application. As provided in the Com­ Committee on matters pertaining to any Inc., and 113362 sub 251, Ellsworth Freight mission’s special rules of practice any wage stabilization policies which are nec­ Lines, Inc., now being assigned hearing interested person may file a petition essary to meet the special problems of the June 11, 1973 (2 days), at Columbus, Ohio, health industry (and its various in a hearing room to be later designated. seeking reconsideration of the follow­ branches), consistent with the general MC 127042 sub 95, Hagen, Inc., now assigned ing numbered proceedings on or before framework of wage stabilization policies. May 15, 1973, at Omaha, Nebr., is postponed May 7,1973. Pursuant to section 17(8) of to June 26, 1973, at Omaha, Nebr., in a the Interstate Commerce Act, the filing 3. Cooperate with labor and manage­ hearing room to be later designated. of such a petition will postpone the ment organizations in the health industry MC 127042 sub 97, Hagen, Inc., now assigned effective date of the order in that pro­ and with appropriate government agen­ May 17, 1.973, at Omaha, Nebr., postponed ceeding pending its disposition. The mat­ cies to facilitate the settlement of dis­ to June 28, 1973 (2 days), at Omaha, Nebr., putes in 1973 within stabilization in a hearing room to be later designated. ters relied upon by petitioners must be policies. specified in their petitions with particu­ The Director of the Cost of Living [seal] R obert L. Oswald, larity. Council has determined that the meeting Secretary. No. MC-FC-74297. By order of March to be held on April 19, 1973, will consist [FR Doc.73-7307 Filed 4r-13-73;8:45 am] 29, 1973, the Motor Carrier Board ap­ of exchanges of opinions, that the discus­ proved the transfer to E. & P. Whitmer sions, if written, would fall within ex­ FOURTH SECTION APPLICATION FOR Bros., Inc., Sunbury, Pa., of a portion of emption (5) of 5 U.S.C. 552(b) and that RELIEF certificate No. MC-115181 (sub No. 5), it is essential to close the meeting to pro­ and the entire operating rights in certif­ tect the free exchange of internal views April 11, 1973. icate No. MC-115181 (sub No. 20), issued and to avoid interference with the opera­ An application, as summarized below, tion of the Committee. has been filed requesting relief from the to Harold M. Felty, Inc., Pine Grove, Pa., authorizing the transportation of: Fer­ Issued in Washington, D.C., on April 13, requirements of section 4 of the Inter­ state Commerce Act to permit common tilizer and fertilizer ingredients, between 1973. specified points in Pennsylvania, and W illiam N. Walker, carriers named or described in the ap­ General Counsel, plication to maintain higher rates and New York. charges at intermediate points than those John W. Dry, Attorney, 541 Penn Cost of Living Council, sought to be established at more distant [FR Doc.73-7451 Filed 4r-13-73; 12:14 pm] points. Street, Reading, Pa. 19601. Protests to the granting of an appli­ No. MC-FC-74300. By order of March INTERSTATE COMMERCE cation must be prepared in accordance 29, 1973, the Motor Carrier Board ap­ COMMISSION with rule 1100.40 of the general rules of proved the transfer to B. F. Fields, Inc., practice (49 CFR 1100.40) and filed on [Notice 220] or before May 1,1973. doing business as B. F. Fields Moving & ASSIGNMENT OF HEARINGS FSA No. 42659—Fluorspar from Storage, Erie, Pa., of certificate No. MC-31881, issued October 2, 1951, to April 11, 1973. Marion and Mexico, Kentucky.—Filed by Traffic Executive Association-Eastern Helen M. Milano and Anthony Milano, a Cases assigned for hearing, postpone­ Railroads, agent (E.R. No. 3033), for ment,' cancellation, or oral argument ap­ partnership, doing business as B. F. pear below and will be published only interested rail carriers. Rates on fluor­ Fields Moving & Storage, Erie, Pa., au­ once. This list contains prospective spar, in packages or in bulk, in carloads, thorizing the transportation of new fur­ assignments only and does not include as described in the application, from niture, uncrated, and hdusehold goods as cases previously assigned hearing dates. Marion and Mexico, Kentucky, to speci­ defined, between specified points in Penn­ The hearings will be on the issues as fied points in Ohio, Pennsylvania, and sylvania, New York, Ohio, New Jersey, presently reflected in the official docket West Virginia. of the Commission. An attempt will be and Maryland. made to publish notices of cancellation Grounds for relief—Market competi­ Edwin L. Scherlis, 1209 Lewis Tower of hearings as promptly as possible, but tion and rate relationship. Building, 15th and Locust Streets, Phila­ interested parties should take appropriate Tariff—Supplement 8 to Illinois Cen­ delphia, Pa. 19102, attorney for appli­ steps to insure that they are notified of tral Gulf Railroad Co., tariff No. 1249-X, cants.

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 9468 NOTICES No. MC-FC-74341. By order of No. MC-FC-74354. By order entered transportation of general commodities March 29, 1973, the Motor Carrier Board March 29, 1973, the Motor Carrier Board (other than household goods and office approved the transfer to Van Artsdalen approved the transfer to First Transport furniture and equipment and other than Express, Inc., of certificate of registra­ Corp., New Britain, Conn., of the oper­ commodities which necessitate the use of tion No. MC-97398 (sub-No. 1), issued to ating rights set forth in certificate of dump trucks, tank trucks or special equipment), within Connecticut between J. Preston Van Artsdalen, Newtown, Pa., registration No. MC-87355 (sub-No. 4), all points, upon call received at a head­ evidencing the right to engage in inter­ issued July 29,1970, to Elizabeth D. Har­ quarters in New Britain. state or foreign commercertransporting ris, Arthur H. Harris, Jr., Richard D. John E. Fay, 630 Oakwood Avenue, property between specified areas solely Harris, Roderick R. Harris, and Robert E. West Hartford, Conn. 06110, attorney for within the State of Pennsylvania. Harris, doing business as Arthur H. Har­ applicants. Sidney T. Yates, 3 South State Street, ris & Sons, New Britain, Conn., evi­ [seal] R obert L. Oswald, Newtown, Pa. 18940, attorney for appli­ dencing a right to engage in operations in Secretary. cants. interstate or foreign commerce, in the [PR Doc.73-7308 Filed 4r-13-73;8:45 am]

CUMULATIVE LISTS OF PARTS AFFECTED— APRIL

The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during April.

3 C F R Page 8 CFR Page 14 CFR— Continued Page P roclamations: 1-______8590 P roposed R ules: 2032 (see PLO 5342)______8445 103______8590 39------8667, 2372 (see PLO 5342) ______8445 212______.______8590 8751, 9091, 9092, 9314, 9441 4205 ______*___ _ 9151 214______8591 71------8522, 4206 ______9215 264 ______8591 8667-8669, 9029, 9092, 9093, 9240, 4207 _;______9217 299______8592 9241, 9442,9443 312___ 8592 249______9030 Executive Order: 499______8592 371______9030 10918 (revoked by 11710)____ 9071 P roposed R ules: 16 CFR 11710______9071 100______8449 4______8644 5 CFR 9 CFR 13______8645-8649, 9157, 9223-9225 P roposed R ules : 213____ 8448, 8588, 8737, 9073, 9219, 9427 73______9007 78______9087 433______8600 6 CFR 82______9088 17 CFR 130______8505, 8588, 9024 101— ______8426, 9221 123______8426, 9221 211— ______9158 7 CFR 316______9088 231______„_____ 9158 318______9088 240 ______9160 6----- 9427 68______9074 P roposed R ules: 241 ______— 9158 270______8592 301______8659, 8660203______9238 P roposed R ules: 319______9005 319______9170 354_____ 9006 327______8449 230______8600 722______8508 249______9443 724______9153, 9219 270______8601 OAR QA7R 12 CFR 907 ______8425, 8660, 9219 201______: ______9076 18 CFR 908 ______8425, 8661, 9006, 9220 265 ______8592 1— ______8738,9293 909 ______8508 303______9221 910 _.______8747, 9291 563______9153 P roposed R ules: 1103______8748 749______9427 2______9315, 9316 1468______9075 « 1472______9075 13 CFR 19 CFR 1701______8589 121______9007, 9291 4_____ 9009 1823______8662, 8663 16______9225 P roposed R ules: 14 CFR 153______9286 52______9302 39______8508, 8509, 8643, 9221 20 CFR 210______9234-9236 61___ 9292 404______’______9428 220______9236, 923771______8428, 225______9234-9237 8509, 8643, 8737, 9008, 9157, 9221, P roposed R ules: 760______9234 9292, 9427, 9428 405______- _____ 8450 777______—_ 9436 73______- _____ 9077, 9157, 9292 908______— ______8749 75______9428 21 CFR 989______8749 95______8428 1 __ ___ 8650 1030.______8518, 9025 97______8643, 9292 2______8650 1103______8751 189______9008 8 ______8650, 9077 1121______9303 221______9222 9 ______*______9077 1125______8520 229______9008 121______8593-8596, 8651, 8652, 8738 1427______9025 298______8430 135 ______8652, 9009 1701______9026, 9027, 9309 399______9222 135b ...... 8653, 8739, 9010

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 NOTICES 9469

21 CFR—Continued Page 32 CFR— Continued Page 4 5 C F R Page 135c______8596, 8652, 9294 1613______8739 15------8492 135e______8596, 8597, 8651, 8654, 9009 P roposed R ules: 205______„______8743 141______8654, 86561604____ 9030 233------8743 141a______;______8597, 8654 1631______9444 1061______8445 141c__ 9010 1067______>.______9433 146a______8597, 8654 32A CFR 1301______;______9434 148e______w-______8656 P roposed R ules: 149g______:------8597 P roposed R ules: 149k______8654 OI Reg.I______9991 183______9437 150b------9011 33 CFR 189______9472 150g______9013 117______8433, 8656, 9079, 9227 4 6 C F R 167______— 8650 401______8433, 9228 295______9161, 9431 70 - 9081 Proposed R ules: 36 CFR 80------9081 121_. ______9310 327______9166 310______9166 130_„ ______8714 P roposed R ules: P roposed R ules: 141a. ______8520 7______8749 Ch. IV______9241 146a. ______8520 544______9241 149h. ______8520 37 CFR 191_. 9310-9312, 9436 1______9297 4 7 C F R 191e. QQ1 9. 273_. 38 CFR 0 ______8744 ___ 8600, 8666 1 ______9169 ,278_. ______9027 3______8568 2 ______9228 308_. ______9170 21___.______8659 21------8569, 9017 22 CFR P roposed R ules: 25------8569 6______9013 17______9316 64_____ 8744 21______8523 73— y______8746, 9297 24 CFR 40 CFR P roposed R ules : 1914 ______8431, 2______9170 8432, 8740, 8741, 9014, 9015, 9085, 52------.,---- 9088 61------8820 18______9170 9086,9162 21______9170 1915 ______9016, 9086 162______9089 220 ______8.726 64______8753 25 CFR 221 ______8727 73 ______1______8461, 8754, 9170, 9315 112___!______9163 222 ______8727 74 _ 9170 223______i ______8729 89______9170 26 CFR 224 ______8729 91______9170 1------8656, 9295 225 ______8729 93______9170 12 ------9295 226 ______8730 13 ------9295 4 9 C F R 148______9226 P roposed R ules: 164------8670 1______9082 601______8448, 9227 71 ______9228 29 CFR 41 CFR 192______9083 571______8514 15------8664 1-3______8741 1910______9078 1033______8445, 3- 50______9079 8446, 8516, 8598, 8657, 9229, 9230, Proposed R ules: 4- 3______8443 9232 602 ______9031 4-7______8443 1036______8517, 8657 603 ------1__ ^______9031 101-32______8510 608 ______9031 101-35______8444, 8513 P roposed R ules: 609___ .______9031 114-1______8743 85____ 9030 610----- ;______9031 114-47______i,______9081 570 ______8451 612------9031 P roposed R ules: 571 ______1______8600, 8752 614 ______9031 15-16______8458 572 ______8455 615 ______11______71______9031 8522 574______9030 687______9031 114-50______9302 1300______8461, 8601 723 ____ 9031 1303 ______8601 724 ______9031 42 CFR 1304 ______8601 725 ______9031 P roposed Rules: 1306______- ______8601 57____ 9314 1307 ______8601 31 CFR 1308 _____ 8601 51____ 9132 43 CFR 1309 ______1_____ 8601 306___ 8432 P ublic Land Orders: 5 0 C F R 32 CFR 5158 (corrected by PLO 5342) _ 8445 28______9169 9232 164___ 8509 5290 (corrected by PLO 5343) _ 8445 33____ 8599, 8657, 8658, 9018, 9084,’ 9233 815___ 9017 5242 (corrected by PLO 5343) _ 8445 240______9018 873___ 9165 5343______8445 1499__ 9017 P roposed R ules: P roposed R ules: 1604__ 8739 2800______r_____ 8449 33______8664

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 No. 72—Pt. I----7 9470 NOTICES FEDERAL REGISTER PAGES AND DATES— APRIL

Pages Date 8419-8499..______April 2 8501-8559______3 8561-8636______4 8637-8730______5 8731-8998______6 8999-9063______9 9065-9143______10 9145-9207_____ 11 9209-9284______12 9285-9419______13 9421-9475______16

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16# 1973 MONDAY, APRIL 16, 1973 WASHINGTON, D.C.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Office of Education

VETERANS’ COST-OF-INSTRUCTION PAYMENTS TO INSTITUTIONS OF HIGHER EDUCATION

Notice of Proposed Rulemaking 9472 PROPOSED RULES Sec. “School or department of divinity” DEPARTMENT OF HEALTH, 189.17 Expenditure requirements. EDUCATION, AND WELFARE means an institution or a department or Subpart C— Application Process a branch of an institution the program Office of Education 189.21 Submission of application by indi­ of instruction of which is designed for the [ 45 CFR Part 189 ] vidual institutions. education of students (a) to prepare 189.22 Submission of applications by par­ them to become ministers of religion or VETERANS’ COST-OF-INSTRUCTION PAY­ ties to consortium agreements. to enter upon some other religious voca­ MENTS TO INSTITUTIONS OF HIGHER tion (or to provide continuing training EDUCATION Subpart D— Fiscal and Reporting Requirements 189.31 Maintenance of records. for any such vocation), or (b) to prepare Notice of Proposed Rulemaking 189.32 Audits. them to teach theological subjects. Notice is hereby given that the Com­ 189.33 Fiscal operations reports. “State” includes the 50 States, the Dis­ 189.34 Limitations on costs. trict of Columbia, the Commonwealth of missioner of Education and the Admin­ 189.35 Reporting requirements. Puerto Rico, Guam, American Samoa, istrator of Veterans’ Affairs, with the the Virgin Islands, and the Trust Terri­ approval of the Secretary of Health, Edu­ A u t h o r i t y .—Section 420, Higher Educa­ cation, and Welfare, propose to promul­ tion Act of 1965, as added by section 1001(a) tory of the Pacific Islands. gate the regulations set forth below in a, of Public Law 92-318, 86 Stat. 378 (20 U.S.C. “Student” means a person in attend- I new part 189 of title 45 of the Code of 1070e-l ) , unless otherwise noted. ance as at least a half-time student at I Subpart A—General Provisions an institution of higher education. The ; Federal Regulations, pursuant to the au- term is further defined as follows: tority contained in section 420 of the § 189.1 Definitions. Higher Education Act of 1965 C20 U.S.C. (a) “Full-time student” means a stu­ 1070e-l). These regulations would es­ As used in this part: dent who (1) is enrolled for the equiva­ tablish the procedures by which, and “Academic year” means a period begin­ lent of at least 14 semester hours or (2) is conditions under which, institutions of ning on July 1 and ending on the follow­ enrolled for the equivalent of not less higher education could apply for pay­ ing June 30. than 12 semester hours and is being ments on the basis of undergraduatè “Cost-of-instruction payment,” or charged on the basis of the institution’s veteran enrollment, to be used for the “payment,” means an amount calculated normal full-time fee schedule. support of improved and expanded serv­ with respect to an institution of higher (b) “Three-quarter time student” ices to veterans and to defray instruc­ education for an academic year on the means a student who (1) is enrolled for tional expenses in academically related basis of undergraduate veteran student the equivalent of 10 through 13 semester programs. enrollment. hours or (2) is enrolled for the equivalent Interested persons are invited to sub­ “Institution of higher education,” or of not less than 9 semester hours and is mit written- comments, suggestions, or “institution,” means an educational in­ being charged at least three-quarters of objections regarding the proposed regu­ stitution in any State which: (a) Admits the institution’s normal full-time fees. lations to the Veterans’ Programs Unit, as regular students only persons having a (c) “Half-time student” means a stu­ DCHE, U.S. Office of Education, 400 certificate of graduation from a school dent who (1) is enrolled for the equiva­ providing secondary education, or the lent of 7 through 9 semester hours or (2) Maryland Avenue SW., Washington, D.C. recognized equivalent of such a certifi­ is enrolled for the equivalent of not less 20202. Comments received in response to cate, (b) is legally authorized within such than 6 semester hours and is being this notice will be available for public State to provide a program of education charged at least one-half of the institu­ inspection at the above office on Mon­ beyond secondary education, (c) provides tion’s normal full-time fees. days through Fridays between 8 a.m. an educational program for which it “Undergraduate” refers to a student who (a) has not earned his first bache­ and 4:30 p.m. All relevant material re­ awards a bachelor’s degree or provides hot less than a 2-year program which is lor’s degree, (b) is not enrolled in a pro­ ceived not later than May 16, 1973, will acceptable for full credit toward such a gram of study leading to (1) a degree be considered. degree, (d) is a public or other nonprofit beyond the bachelor’s degree or (2) a Dated April 6,1973. institution, and (e) is accredited by a na­ first professional degree when at least 3 tionally recognized accrediting agency years of study at the college level are J ohn Ottina, or association as determined by the Com­ required for entrance into a program Acting Commissioner missioner or, if not so accredited, (1) is leading to such degree, and (c) (1) is of Education. an institution with respect to which the fully matriculated and pursuing a pro­ D onald E. J ohnson, Commissioner has determined that there gram of studies leading to a certificate Administrator of is satisfactory assurance, considering the or diploma or (2) is receiving or has re­ Veterans’ Affairs. resources available to the institution, the ceived educational assistance under sub­ period of time, if any, during which it has chapter V or subchapter VI of chapter Approved April 11,1973. operated, the effort it is making to meet 34 of title 38, United States Code. Caspar W. Weinberger, accreditation standards, and the purpose “Veteran” means a person receiving Secretary, for which this determination is being benefits under chapter 31 or chapter 34 Department of Health, Educa­ made, that the institution will meet the of title 38, United States Code, or who, if tion, and Welfare. accreditation standards of such an enrolled in an institution of higher edu­ cation, would be eligible for such benefits. PART 189 — VETERANS’ COST-OF- agency or association within a reasonable INSTRUCTION PAYMENTS TO INSTITU­ time, or (2) is an institution whose (20 U.S.C. 1070e, 1070e-l, 1088, 1141.) TIONS OF HIGHER EDUCATION credits are accepted, on transfer, by not less than three institutions which are so § 189.2 Institutional eligibility. Subpart A— General Provisions accredited, for credit on the same basis as (a) To apply for assistance under this Sec. if transferred from an institution so ac­ part, an applicant must be an institution 189.1 Definitions. credited. Such term also includes any 189.2 Institutional eligibility. of higher education, and must meet the 189.3 Calculation of cost-of-instruction school which provides not less than a 1- requirements specified in paragraph (b) payment. year program of training to prepare of this section. . 189.4 Applicability of civil rights provi­ students for gainful employment in a (b) in order for an institution oi sions. recognized occupation and which meets higher education to apply for assistance Subpart B— Required Services and Use of Funds the provisions of clauses (a), (b), (d), under this part for the academic year 189.11 Special definitions. and (e) of this definition. ending June 30, 1974, it must have in 189.12 Office of veterans’ affairs. “Instructional expenses in academi­ attendance on April 16, 1973 (or, where 189.13 Related veterans’ services. cally related programs” means the ex­ such date falls between academic terms 189.14 Institutions with small number of penditures of instructional departments of the institution, the end of the previous students and veterans. of an institution of higher education for academic term), a number of under- 189.15 Consortium agreements. graduate veteran students receiving 189.16 Criteria for assessing adequacy of salaries, office expenses, equipment, and veterans’ programs. research. benefits under chapter 31 or chapter

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 PROPOSED RULES 9473 of title 38, United States Code (or who tary of Health, Education, and Welfare postsecondary education (1) under sub­ have received benefits under subchapter and approved by the President, to effec­ chapter V of chapter 34 of title 38, United V or subchapter VI of such chapter 34 tuate the provisions of title VI of the States Code, and (2) in the case of any while attending such institution during Civil Rights Act of 1964 (Public Law institution located near a military in­ that academic year) equal to at least 88-352). stallation, under subchapter VI of such 110 percent of the number of under­ (42 U.S.C. 2000d.) chapter 34; graduate veteran students who were in (b) Active outreach, recruiting, and attendance on the same date in the pre­ (b) Federal financial assistance under counseling activities through the use of ceding academic year and were at that this part is also' subject to the provisions other funds such as those available under time receiving benefits under chapter 31 of title IX of the Education Amendments federally assisted work-study programs; or chapter 34 of title 38, United States of 1972 (prohibition of sex discrimina­ and Code (or had received benefits under tion) and any regulations issued there­ (c) An active tutorial assistance pro­ subchapter V or subchapter VI of such under. gram (including dissemination of infor­ chapter 34 while attending such institu­ (20 U.S.C. 1681-86; Public Law 92-318, sec­ mation regarding such program) in order tion during that academic year). tion 906.) to make maximum use of the benefits (c) Schools or departments of divinity available under section 1692 of such title and proprietary institutions (i.e., or­ Subpart B— Required Services and Use of ganized for profit) are not eligible to Funds 38. apply for assistance under this part. § 189.11 Special definitions. (20 U.S.C. 1070e-l.) (20 U.S.C. 1070e-l.) For purposes of this subpart: § 189.14 Institutions with small num­ (a) “Full-time,” with respect to an bers o f students and veterans. § 189.3 Calculation of cost-of-instruc- tion paym ent. office of veterans’ affairs, means that the An institution with less than 2,500 stu­ office of veterans’ affairs (1) is staffed dents and no more than 70 undergradu­ (a) To compute an institution’s cost- by at least one person whose sole institu­ ate veteran students in attendance on of-instruction payment under this part, tional responsibility is that of coordinat­ April 16, 1973 (or, where such date falls the Commissioner of Education shall de­ ing the activities of the office and (2) between academic terms of the institu­ termine on the basis of data provided provides services at times and places con­ tion, the end of the previous academic by the institution: venient to the veterans being served. term) need provide the services described (1) The number of undergraduate vet­ (b) “Outreach” means an extensive, in § 189.12 only to the extent of maintain­ eran students in attendance on the appli­ coordinated, communitywide program of ing a full-time office of veterans’ affairs cable date specified in paragraph (b) of reaching veterans within the institu­ with adequate services in the areas of this section who are at that time recip­ tion’s normal service area, determining recruitment and counseling, and need not ients of vocational rehabilitation sub­ their needs, and making appropriate provide the services described in § 189.13. sistence under chapter 31 of title 38, referral and follow-up arrangements United States Code, or of educational with relevant service agencies. (20 U.S.C. 1070e-l.) assistance under chapter 34 of title 38, (c) “Recruitment” means a concerted § 189.15 Consortium agreements. United States Code, and effort to interest veterans in taking (2) The number of undergraduate vet­ advantage of opportunities. for a wide In the case of an institution with less eran students in attendance on the ap­ variety of postsecondary training ex­ than 2,500 students in attendance on plicable date specified in paragraph (b) periences at the institution. April 16, 1973 (or, where such date falls of this section who have, while attending (d) “Special education programs” between academic terms of the institu­ that institution and during the academic means specially designed remedial, tu­ tion, the end of the previous academic year in which such date occurred, re­ torial, and motivational programs de­ term) the Commissioner may permit one ceived educational assistance under sub­ signed to promote success in the post­ or more of the functions set forth in chapter V or subchapter VI of chapter 34 §§ 189.12 and 189.13 to be carried out secondary experience. under a consortium agreement between of title 38, United States Code. (e) “Counseling” means professional (b) A cost-of-instruction payment that institution and one or more other assistance available to veterans for con­ institutions located within a reasonable shall, for the academic year ending sultation on personal, family, educa­ June 30, 1974, and subject to the avail­ tional, and career problems. commuting distance therefrom if he finds ability of funds, be computed on the that (a) such institution cannot feas­ basis of the following rates for students (20 U.S.C. 1070e—1.) ibly itself carry out such functions, and in attendance on April 16, 1973 (or, § 189.12 Office of veterans’ affairs. (b) the benefits of such functions will where such date falls between academic be readily accessible to veterans attend­ terms of the institution, the end of the Except as provided in § 189.14, an ap­ ing, and to veterans in the community previous academic term ): plication for assistance under this part served by, each of the institutions which (1) For students described in para­shall be approved only if the Commis­ are parties to the agreement. sioner is satisfied that the applicant will graph (a) (1) of this section: (20 U.S.C. 1070e-l.) (1) $300 per full-time student; maintain, during the academic year end­ (ii) $225 per three-quarter time stu­ ing June 30, 1974, a full-time office of § 189.16 Criteria for assessing adequacy dent; veterans’ affairs with adequate services, of veterans’ programs. (iii) $150 per half-time student; and in light of the criteria set forth in § 189.16, in the areas of outreach, recruit­ An applicant institution’s assurance (iv) No payment for students not en- pursuant to § 189.21(b) (6), with respect rolled ment, special education programs, and as at least half-time students. counseling. to the requirements of §§ 189.12 and (2) For students described in para- 189.13 and to the extent that such re­ graph (a)(2) of this section: (20 U.S.C. 1070e-l.) quirements are not waived pursuant to (i) $150 per full-time student; § 189.13 Related veterans’ services. § 189.14, shall be made in light of the (ii) $112 per three-quarter time stu­ following criteria, which criteria shall dent; Except as provided in § 189.14, an ap­ also be used by the Commissioner in (iii) $75 per half-time student; and plication for assistance under this part evaluating the adequacy of the institu­ (iv) No payment for students not shall be approved only if the Commis­ tion’s veterans’ programs: enrolled as at least half-time students. sioner is satisfied that the applicant will, (a) In general.—(1) Appropriate con­ (20 U.S.C. 1070e-l.) during the academic year ending June 30, 1974, make an adequate effort, in light of sideration of the magnitude of the vet­ § 189.4 ^ Applicability of civil rights pro­ the criteria set forth in § 189.16 and eran population in the institution’s nor­ visions. with funds received under this part, to mal service area; tvJa^ *net*eraJ financial assistance under carry out: (2) Appropriate consideration of the this part is subject to the regulations in (a) Programs designed to prepare edu­number of veterans enrolled at the in­ Part 80 of this title, issued by the Secre­ cationally disadvantaged veterans for stitution;

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 9474 PROPOSED RULES (3) The establishment of an appro­ and 189.13. The remainder of the funds, assurances required pursuant to § 189.21 priate advisory mechanism, to assist in to the extent not needed for implement­ as well as information and assurances the institution’s decisionmaking process ing such requirements, may be used necessary to a finding by the Commis­ with respect to veterans’ services as ap­ solely to defray instructional expenses sioner that the conditions for a con­ propriate, through which the institution in academically related programs of such sortium agreement set forth in §189.15 may become aware of the views of the in­ institution. All assistance received under have been met. stitution’s administrative and academic this part must be expended qr obligated (20 UJ5.C. 1070e^-l.) staff, its veteran student population, and for the foregoing purposes not later than relevant community organizations; June 30,1974. Subpart D— Fiscal and Reporting (4) The use of qualified Vietnam-era (20 U.S.C. 1070e, 1070e-l.) Requirements veterans in staffing the institution’s of­ § 189.31 Maintenance of records. fice of veterans’ affairs and in providing Subpart €— Application Process related services; (a) Records.—Each institution and § 189.21 Submission of application by consortium of institutions shall keep in­ (5) The employment of a sufficient individual institutions. number of qualified staff members in tact and accessible records relating to order to adequately support required vet­ (a) Assistance under this part will be the receipt and expenditure of Federal erans’ activities and services; and provided only on the basis of an appli­ funds in accordance with section 434(a) (6) The provision of adequate, visible cation submitted by an institution which of the General Education Provisions and accessible housing for the institu­ sets forth all information necessary to Act, including all accounting records and tion’s office of veterans’ affairs, in light determine the institution’s eligibility related original and supporting docu­ of the institution’s veteran student en­ and payment amount. ments that substantiate direct costs rollment and physical environment; (b) Each application must be sub­ charged to the award. Records must be (b) With respect to outreach, the mitted on a form to be provided by the maintained so as to reflect (1) expendi­ establishment and maintenance of— Commissioner and contain the follow­ tures made for veterans’ sendees pro­ (1) Contact with veterans in the in­ ing: vided for under this part, and (2) ex­ stitution’s normal service area; (1) Information necessary to show penditures made for instructional costs (2) A procedure for assessing veter­ that the institution is eligible for as­ in academically related programs. ans’ needs, problems, and interests; and sistance under this part; (b) Period of retention.—(1) Except (3) A coordinated and extensive re­ (2) Information necessary to deter­ as provided in paragraph (b)(2) of this ferral service involving agencies provid­ mine the amount of the institution’s section and paragraph (a) of § 189.32, ing assistance in areas such as housing, payment, in accordance with § 189.3; the records specified in paragraph (a) employment, health, recreation, voca­ (3) An assurance that any funds re­ of tins section shall be retained for 3 tional and technical training, and finan­ ceived by the institution under this part years after the date of the submission cial assistance; will not be used for a school or depart­ of the fiscal operations report, pursuant (c) With respect to recruitment, the ment of divinity or for any religious to § 189.33, to which they pertain. establishment and maintenance of a worship or sectarian activity; (2) Records for nonexpendable per­ process of bringing the maximum num­ (4) An assurance that any funds re­ sonal property which was acquired with ber of veterans into purposeful system­ ceived by the institution under this part Federal funds shall be retained for 3 atic programs of higher education most which are not required pursuant to years after its final disposition. suited to their educational and career § 189.17 to be used to implement the re­

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 PROPOSED RULES 9475

(2) An institution, and a consortium § 189.33 Fiscal operations reports. from the Federal Government will. not of institutions, shall schedule such au­ (a) In addition to such other account­ exceed the amount so set forth. dits with reasonable frequency, usually ing as the Commissioner may require, an (31 U.S.C. 200.) annually, but not less frequently than institution or consortium shall render once every 2 years, considering the na­ annually, with respect to the assistance § 189.35 Reporting requirements. ture, size, and complexity of the awarded under this part, a full account (a) Institutions of higher education, activity. of funds expended, obligated, and and consortiums thereof, receiving as­ (3) Copies of audit reports shall be sistance under this part must submit to made available to the Commissioner to remaining. (b) A report of such accounting shall the Commissioner no more than 30 days assure that proper use has been made after the close of each academic year, of the funds expended. The results of be submitted to the Commissioner within a report describing the manner in which such audits will be used to review the 90 days of the expiration of the academic the required veterans’ services were pro­ year for which such assistance was vided during such academic year. Such institution’s, or consortium’s, records and a report shall be in a format approved by shall be made available to Federal audi­ awarded, and the institution or consor­ tium shall remit within 30 days of the the Commissioner and shall make specific tors. Federal auditors shall be given reference to the extent to which the access to such records or other docu­ receipt of a written request therefor any criteria set forth in § 189.16 of this part ments as may be necessary to review the amounts found by the Commissioner to have been met. results of such audits. be due. Such period may, upon written (b) Interim reports describing the (4) Each institution and consortium request, be extended at the discretion of progress being made in providing the the Commissioner. veterans’ services required pursuant to shall use a single auditor for all of its §§ 189.12 and 189.13 of this part shall be expenditures under Federal education (20 U.S.C. 1232c(b)(3); 31 U.S.C. 628.) submitted if, and at such times as, the assistance programs regardless of the § 189.34 Limitations on costs. Commissioner deems such reports neces­ number of Federal agencies providing The maximum amount of a payment sary. such assistance, under this part shall be set forth in the (20 U.S.C. 1070e-l.) (20 U.S.O. 12320(a), (b) (2).) award document. The total payment (PR Doc.73-7353 Piled 4-13-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 72— MONDAY, APRIL 16, 1973 IWouidyòujiké

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