FRIDAY, FEBRUARY 4, 1972 WASHINGTON, D.C. Volume 37 N Number 24 E

Pages 2637-2737 _ PART I *1934 (Part i begins on page 2731)

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. HEART DISEASE-Presidential proclamation designating February as American Heart Month.. 2643

ECONOMIC STABILIZATION-Cost of Living Council miscellaneous amendments to the rules on economic units; effective 2-3-72 ...... 2678

PEANUTS-USDA reissuance of 1972 acreage allotments and marketing quotas; effective 2- 4-72 ...... 2645

SUGAR- USDA amendment adjusting the 1972 domes- tic requirements and quotas; effective 2- 1-72 ...... 2659 USDA notice announcing hearing on 2-29- 72 to evaluate import weighing procedures...- 2686

MEAT INSPECTION-USDA amendments strengthening the regulations -on TB infected carcasses; effective 2-14-72 2661

AIR CARRIER PRICE STABILIZATION--CAB amendment requiring certain information with rate increase proposals' effective 2-1-72 ...... 2664

COMMUNITY PLANNING ASSISTANCE-HUD regulations for the filing of grant applications; effective 2-4-72 ...... 2665

CIVIL DEFENSE CONSTRUCTION- DoD regulations fixing the terms and conditions for Federal contributions,...... ------2672 DoD labor standards for Federally assisted contracts; effective 1-30-72 ...... 2673

VETERANS INFORMATION-VA clarification of access and release policy; effective 1-28-72._ 2676 (Continued Inside)

No. 21-1* 1-1 Now Available

LIST OF CFR SECTIONS AFFECTED

1949-1963

This volume contains a compilation of the "List of Sections Af- fected" for all titles of the Code of Federal Regulations for the years 1949 through 1963. All sections of the CFR which have been ex- pressly affected by documents published in the daily Federal Reg- ister are enumerated.

Reference to this list will enable the user to find the precise text of CFR provisions which were in force and effect on any given date during the period covered.

Price: $6.75

Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration

Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402

Efil T Published daily. Tuesday through Saturday (no publication on Sundays, Mondaya, or on the day after an official Federal holiday), by the Office of the Federal Rcglator, Natlonal S Archives and Records Service, General Services Administration, Waslngton, D.C. 20408, Ares Code 202 ohoe 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 20, 10 (49 Stat. Z00, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Ro,ltor, alp- proved by the President (1 CFR Ch. I). Distribution Is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The FEDrn R,nz=sa will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each Issue, or 20 cents for each group of pages as actually bound. Romit oheoL* or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the ConE or F:bEsAL Rcmr.ATioNs, which is published, under 60 titles, pur'tlaut to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The CooE o FEDEAL RGuLATioS is sold by the Superintendent of Documents. Prices of new books are listed in the first PEnEAL RscrsTrn issue of each month. There are no restrictions on the republication of material appearing in the FEDERAL RrGisTEE or the CooE Or FEDERAL roRoLATIOUJ. HIGHLIGHTS--Continued INSECTICIDES-EPA establishment of tolerance DRUGS- for a chemical used on rice; effective 2-4-72__,_ 2676 FDA amendments repealing certification re- quirements for certain penicillin combination ALASKA CLAIMS SETTLEMENT-Interior Dept. and other antibiotic drugs (2 documents); ef- proposed rules for the preparation of a roll of na- fective 11-18-71 and 12-6-71 ...... - 2665 tives; comments within 30 days...... 2679 FDA notices of intent to withdraw approval of certain applications (2 documents) ------2688, 2689 OCEANOGRAPHIC RESEARCH VESSELS-- DoT FDA notice withdrawing approval of an applica- proposal to allow remote control pumps as an al- tion ...... ------2688 ternative method of fire control; comments within 45 days ...... 2682 DOMESTIC PUBLIC RADIO-FCC list of applica- tions accepted for filing ...... ___...... 2692 AIRCRAFT PILOTS-FAA withdrawal of proposal for new command route and airport qualification WESTERN UNION TELEGRAPH-FCC time exten- p rocedures ...... 2684 sion to 2-23-72 for comments on the proposed office consolidation ...... 2694 AGRICULTURAL WORKERS' HOUSING-Labor Dept. notice of policy on inspections made during EGG PRODUCTS INSPECTION-USDA-FDA co- rule making ------.-.------..------...... ---2684 operative agreement of administration and en- LIVESTOCK GRAZING-Interior Dept. 1972 forcement ...... 2686- schedule of fees for use of public lands ...... 2685 MINIMUM WAGES-Labor Dept. determinations OIL AND GAS FIELDS-Interior Dept. geological for Federal and federally assisted construction survey information ------.------...... 2685 in specified areas (2 documents) ...... 2702, 2703

GLASS IMPORT INVESTIGATION-Tariff Com- ENVIRONMENT-EPA publication of 1972 model mission notice making known findings ...... 2702 year motor vehicle emission test results ...... 2731

Contents

ARMY DEPARTMENT Notices THE PRESIDENT AlI U.S. and fore]gn carriers; order See Civil Defense Oflce. regarding stabilization of fares, PROCLAMATION rates, and charges for pass-en- American Heart Month, 1972 --- 2643- ASSISTANT SECRETARY FOR gers and property------2694 PLANNING COMMUNITY OFFICE EXECUTIVE AND MANAGEMENT OFf:ICE CIVIL DEFENSE AGENCIES Rules and Regulations AGRICULTURAL STABILIZATION Rules and Regulations Contributions for civil defense construction-__. _ 26-72 AND CONSERVATION Comprehensive planning assit- equipment; 2665 Labor standards for federally as- SERVICE ance ------sisted contracts; miscellaneous 2673 Rules and Regulations ATOMIC ENERGY COMMISSION amendments Peanuts; acreage allotments and COAST GUARD marketing quotas, 1972 and sub- Notices sequent crop years ------2645 Trustees of Columbia University, Proposed Rule Making Sugar; requirements, quotas, and city of New York; reconvened Certain ports of documentation; quota deficits for 1972 ------2659 proceeding 2694 desinnations and revocations_ 2681 Notices Westinghouse Electric Corp.; 1i- Oceanographic research vessels; cense termination ----...... ------2682 Imported sugar; hearing regard- 2691 fire main system ing weighing of shipments --- 2686 Notices CIVIL AERONAUTICS BOARID Lifesaving, firefighting and mis- AGRICULTURE DEPARTMENT cellaneous equipment, construc- Rules and Regulations tion, and materials; approvlm See Agricultural Stabilization and and termination of approval Conservation Service; Consumer Air carriers; submission of infor- (2 documents) . 2690 and Marketing Service; Rural mation accompanying tariffs Electrification Administration. proposing price increaes... 26G4 age)29 1 2639 2610 CONTENTS CONSUMER AND MARKETING FEDERAL COMMUNICATIONS HEALTH, EDUCATION, AND SERVICE COMMISSION WELFARE DEPARTMENT Notices , See Food and Drug Administra- Rules and Regulations tion. Meat inspection; tuberculosis in- Common carrier serv ces informa- fected carcasses ------266 l tion; domestic public radio serv- HOUSING AND URBAN Oranges grown in Florida; ship- ices applications accepted for - ments limitation ------2660 filing ------2692 DEVELOPMENT DEPARTMENT Notices Western Union Telegraph Co.; See Assistant Secretary for Com- order extending time for com- munity Planning and Manage- Egg products inspection; coopera- ments on proposed office consol- ment Office. tive agreement of administra- idation ------2694 tion and enforcement between INDIAN AFFAIRS BUREAU Consumer and Marketing Serv- FEDERAL MARITIME ice and the Food and Drug Ad- Proposed Rule Making ministration ------COMMISSION 2686 Alaska natives enrollment; appli- COST OF LIVING COUNCIL Notices cations, preparation and ap- Independent ocean freight for- proval of roll ------2070 Rules and Regulations warder licenses; revocations: Economic stabilization; miscel- T. J. Hanon, Inc------2694 INTERIOR DEPARTMENT laneous amendments ------1678 Lang & Marshall Co., Inc ------2695 See aLso Geological Survey: In- Notices Port of Oakland and Sea-Land, dian Affah-s Bureau; Land Delegations of authority: Inc.; agreement filed ------2695 Management Bureau; National Chlairman, Pay Boar. ------2727 Mitsui OS.K. Lines (Passenger), Park Service; Reclamation Bureau. Chairman, Price Commission__- 272I7 Ltd. and Mitsui O.S.. Lines, Secretary of the Treasury ---- 272 7 Ltd; revocation certificates of Rules and Regulations financial responsibility ------2695 CUSTOMS BUREAU Oil Import Appeals Board; avail- ability of final opinions and Rules and Regulations FEDERAL POWER COMMISSION orders ------2077 Motor vehicles and motor vehicle Notices Proposed Rule Making engines; Importation; correc- Hearings etc.: tion 5 Michigan Fixed price contractz and cost- Wisconsin Pipe Line reimbursement type contracts; Co ------2695 Insurance ------2080 DEFENSE DEPARTMENT Texas Gas Transmission Corp-- 2696 See Civil Defense Office. Transcontinental Gas Pipe Line INTERSTATE COMMERCE Corp ------2696 EMPLOYMENT STANDARDS Union Oil Company of Califor- COMMISSION nia ADMINISTRATION et al ------2697 Rules and Regulations Notices FEDERAL RESERVE SYSTEM New York Dock Railway; car serv- ice order ------2677 Minimum wages for Federal and Notices federally assisted construction; Notices modifications and/or super- Acquisition of banks; approvals: North Atlantic Bancorp------2699 Assignment of hearings ------2725 sedeas decisions - (2 documents) , Patagonia Corp ------2699 Motor carriers: Carlton Agency, Inc.; denial of Temporary authority applica- ENVIRONMENTAL PROTECTI application to become bank tions ------2725 holding company and request Transfer proceedings ------2720 AGENCY for determination ------2698 Rules and Regulations LABOR DEPARTMENT FOOD AND DRUG Fenthion in or on raw agricul- See Employee Standards Adminis- tural commodities; tolerances ADMINISTRATION tration; Manpower Administra- and exemptions from toler- tion; Wage and Hour Division. ances 6 Rules and Regulations Notices Drugs; confirmation of order re- LAND MANAGEMENT BUREAU Motor vehicle emission test re- voking provisions for certifica- sults. 1972 model year ------tion of certain preparations for Rules and Regulations inhalation, topical or otic use-.- 2665 Utah; public land order; with- FEDERAL AVIATION Penicillins in combination with drawal for national foresb geo- probenecid; confirmation of ef- logical site ------2677 ADMINISTRATION fective date of order revoking Rules and Regulations provisions for certification-... 2665 Notices Allison Model 250 Series engines; Livestock 2 Notices grazing on public lands; airworthiness directive ...... 1972 schedule of fees ------2605 Standard instrument approach New drug applications; proposed procedures ; miscellaneous withdrawals of approval: MANPOWER ADMINISTRATION amendments 2 Breon Laboratories, Inc ------2688 Proposed Rule Making Glenwood Laboratories ------2688 Proposed Rule Making Control zone designation and Schering Corp ------2689 Agricultural workers; housing transition area alteration ..... standards ------2084 Pilot-in-command route and air- 2683 GEOLOGICAL SURVEY port qualification; proposed rule NATIONAL PARK SERVICE withdrawn 2684 Notices Transition areas: Certain States; definitions of Notices Alterations (2 documents) -----2683 known geologic structures of Isle Royale National Park; inten- Designation ------2682 producing oil and gas fields-.... 2685 tion to issue concession permit. 2680 CONTENTS 2641 POSTAL RATE COMMISSION SECURITIES AND EXCHANGE FMat glass and tempered glass; im- Notices port investigation report to the COMMISSION President 2702 Rates of postage and fees; Notices order establishing procedure for TRANSPORTATION DEPARTMENT changes ------2726 Hearings, etc.: Leon B. Allen Fund, Inc ------2701 See Coast Guard; Federal Aviation RECLAMATION- BUREAU American European Securities Administration. Notices Co -2700 Draft environmdntal statements; TREASURY DEPARTMENT availability: SMALL BUSINESS See Customs Bureau. Colorado River Front Work and ADMINISTRATION Levee System, Ariz ------2685 VETERANS ADMINISTRATION Palmetto Bend Project, Tex--- 2685 Notices Pueblo Dam and Reservoir, Fryingpan-Arkansaa Project, Florida Crown Minority Enter- Rules and Regulations Col ------2686 prise Small Business Investment Records and papers; public access Co.; Issuance of license ------2702 and schedule of fees------2676 RURAL ELECTRIFICATION ADMINISTRATION TARIFF COMMISSION WAGE AND HOUR DIVISION Notices Notices Notices Draft environmental statements: Central Electric Power Cooper- C. P. Clare & Co.; investigation of Employment of learners and stu- ative, Inc ------2687 workers' petition for determi- dent workers at special mini- Colorado-Ute Electric Associa- nation of eligibility to apply for mum wages; authorization cer- tion, Inc. (2 documents) --- 2688 adjustment assistance------2702 tiflcates 2723

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. 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, 1972, and specifies how they are affected. 3 CFR 19 CFR 38 CFR PROMMTION: 4.104---L ------2643 12 ------2665 20 CFR 40 CFR -.. ... - --. ------6 CFR PROPOSED RULES: 280 2676 101 ------2678 'jZn 2684 41 CFR 7 CFR 21 CFR PROPOSED RULES: 2645 141c_. 729 ------2665 14-10__ 2680 2659 146a-.... ------2665 905------2660 146c .... 2665 43 CFR 146e ------2665 9 CFR 14R 2665 2677 301------2661 PUBLIC LI. ORDz: 311------2661 24 CFR 2677 315...... 2661 600 ------2665 14 CFR 25 CFR 46 CFR 39 ---- ...... ------2662 PROPOSED RULES: PROPOSED RULES: ... RR 2681 97------2662 43h--...... ------2679 221- - .... 2664 193 ------2682 PROPOSED RULES: 32 CFR 71 (4 documents) ...... 2682, 2683 1801...... 2672 49 CFR '1808 ------2673 121 ------2684 1033 ..------2677

2643 Presidential Documents Title 3--The President PROCLAkATION .4104 American Heart Month, 1972 By the President of the United States of America A Proclamation More than 27 million Americans-one-eighth of our entire popula- tion-are affected by diseases of the heart and blood vessels. The cost in human terms-the most important cost-cannot be counted. We do know, however, that the economic impact of cardiovascular diseases totals some '$30.5 billion each year, including the cost of medical care and lost income. Such diseases also result in a loss of about 38 million man-days of production annually. Despite the remarkable advances that have been made in recent years, cardiovascular diseases remain our Nation's most pressing health problem. The continued cooperation of the public and private sectors is needed if we are to discover the underlying causes of coronary artery diseases, develop more effective methods of detecting and controlling high blood pressure, and find ways of preventing inborn heart defects. In addition to sustaining research in these fields, professional and public education programs and community services must be intensified in order to bring the benefits of such research promptly to the people. America has the second highest heart disease rate in the world. As I said in my recent message on the state of the Union: the incidence of heart disease can be reduced in this country and we must do all that is possible to achiee such a reduction. To encourage a continuing effective attack on cardiovascular diseases, the Congress, by a joint resolution approved December 30, 1963 (77 Stat. 843), requested the President to issue annually a proclamation designating February as American Heart Month. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim the month of February 1972 as American Heart Month. I invite the Governors of the States, the Commonwealth of Puerto Rico, and officials of other areas subject to the jurisdiction of the United States to issue similar proclamations. I urge the people of the United States to consider fully the nationwide problem of heart disease and to contribute to efforts aimed at countering it. Widespread support for programs to prevent premature deaths from heart disease and stroke is essential to combat this number-one threat to the Nation's health. IN WITNESS WHEREOF, I have hereunto set my hand this second day of February, in the year of our Lord nineteen hundred seventy-two, and of the Independence of the United States of America the one hundred ninety-sixth.

[FR Doc.72-1765 Filcd 2-2-72;5:03 pm] FEDERAL REGISTER, VOL 37, NO. 24--FRIDAY, FEBRUARY 4, 1972

2645 Rules and Regulations

S9.7 Ex1PTZO.Ns Faor AND rUND 0r 729.7 Types of peanuts. Title 7-AGRICULTURE 729.8 Determination of quantity of pea- Sec. Chapter VII-Agrcultural Stabilization nuts. 729A9 Peanuts grown for experimental 729.9 Supervisory authority of State corn- purpoem and Conservation- Service (Agricul- mittee. 729.50 Seed shelling fall through. tural Adjustment), Department of FA=M ALLOT'amT 729.51 Refund of penalties. Agriculture 729.10 Basis for old frm allotments. REPO =-S Es-Qurao 0r Pszonroms SUBCHAPTER B-FARM MARKETING QUOTAS 729.11 Determination of farm peanut hls- 729.53 Repo on marketing card. ACREAGE ALLOTMENTS tory acreage. 72953 Report of marketing green peanuts. AND allot- 729.12 Determination of preliminary peanuts marketed to per- ment. 7291% Report of PART 729-PEANUTS sons "who are not established 729.13 Resrvo foe corrections, mziced farms, buyers. Subpart-Regulations for Determina- and inequities. 729.55 County administrative hearing In for old tion of Acreage Allotments and 729.15 Computation of allotments connection with violations. farms. 729.5a6 Reprtofproduction and dlsposition. Marketing Quotas for 1972 and 729.15 Basis for new farm allotments. Subsequent Crops of Peanuts 729.16 Limitations on new farm allotments. Excorns Ar-D Rtcrors EQunmzrz or BuyEas 729.17 Reduction and cancellation of new AND OvIUrS The provisions of this subpart are is- farm allotments. 729.57 Records required on purchases and sued pursuant to the Agricultural Ad- Establishment of State reerve for 729.18 resales. justment Act of 1938, as amended (7 new farms. Conditions of eligibility for new, 729.58 Recording and reporting purchases U..C. 1358, 1359, 1375), and govern the 729.19 of farmers Stock peanuts. farm allotments. determination of acreage allotments and 729.20 729.59 Recording and reporting purchases ma.keting quotas for 1972 and subse- Establishing now farm allotments of shelled peanuts from producers. applicants lacking ex- for eligible 729.60 Record of peanuts dried for a pro-- quent crops of peanuts. perlence. The purposes of the regulations in this ducer by artificial means. subpart are (1) to consolidate in the sub- WiscELLANmous PRovSoNs Arrr=:xc FAnm 729.01 Additlon2l records and reports. ALLOTzMENS part-Allotment and Marketing Quota RXCOnD AND ExPOST Or AMD P227AL ON Regulations for Peanuts of the 1969 and 729.21 Reduction of farm allotment for P" -U s S L Tom Pnouczs violation. Subsequent Crops (33 F.R. 18351) and 729.G2 Record of shelling. ten amendments to such subpart and 729.22 Release and reapportionment. (2) in § 729.69 require that the record 729.23 Allotments for farms acquired by G ssnZnAL RZQUZ ---sTS R=AT=VE TO agency having right of eminent EEPrnr Rrcozns of transfer of allotment or quota be domain. signed by the parties to the lease and '729.24 Additional acreage allotment for 729.63 Per-o*= engaged in more than one transfer and that the signature of either farms producing types of peanuts busineca. the owner or operator of the transferring in short supply. 729.64 Penalty for failure to keep records farm, as well as the owner or operator and make reports. NoTicEs or FAnrt Atxwn~rrs Arm 729,0 Eramlnation -ofrecords and reports. of the receiving farm, be witnessed by a MIaxMrn QuoTAs 729.66 Length of time records and reports representative of the county ASC com- 729.25 Approval of farm allotments. shal be kept. mittee in the county where the farms 729.67 Information confidential. are located or in any county convenient 729.26 Notices of farm allotments. to the person signing. The requirement 729.27 Erroneous notice of allotment. T&,'sr or Pan-= ALLoTzrT that signatures be witnessed for pro- 729.28 Notice of excess and penalty. 729.03 Authorzatlon of and general expla- ducers who are Ill, infirm, reside in dis- FINAL Acnrzacs, FA=M LMnxrmo QUOTAS, Arm nation of transfers of farm allo+- IssuAncr or Man m-sa CAzDs; ments under Eection 358a of the tant areas or are in other similar hard- act. ship situations, may be met by obtaining 729.29 Determination of final acreage. 729.69 Terms and conditions applicable to signatures by mail to affrm the agreed 729.30 Amount of farm marketing quota. transfers under section 358a of the upon transfer. 729.31 Marketing quotas transferable only act. Since this subpart is primarily a reis- under specifled conditions. 729.32 7arketing cards and their uses. Auro.rr,: The provisions of this subpart suance of prior substantive rules and be- issued under rea- 301, 353, 353a, 359, 361- cause farmers need to know of the trams- 729.33 Issuance of marketing cards. 729.35 l sunnce of marketing card when 368, 372,373,375,377,52 Stat. 38, , amended, fer provisions in order to plan their 1972 acreage determination Is refused. 55 Stat. 83, a amended, 81 Stat. 658, 55 Stat. farming operations, it is essential that 729.6 Replacement marketing cards. 90, as amended, 52 Stat. 62, as amended, 63, this subpart become effective as soon as 729.37 Identifying marketing cards for pro- as amended, C4, 6, as amended, 66, as a-s possible. Accordingly, it is hereby deter- ducers indebted to the United amended. 70 SIat. 206, amended; 7 U.S.C. 1373 mined that cornpliance with the notice, States. 1301. 1353. 135Z, 1359, 1361-1363, 1372, 729.8 Rights of successor-1i-intert. 1375, 1377. public procedure and 30-day effective GF2F2AL date provisions of 5 U.S.C. 553 is In- 729.39 When marketing cards are invalid. practicable and contrary to the public 729.40 Report on misuse of marketing cards. § 729.1 Applicability. interest and this subpart shall become 729.41 Sales of memoranda and their u=. The provisions bf this subpart apply to effective upon publication in the FEDERAL 729.42 Determination of normal yields the determination of acreage allotments REGISTER. 729.43 Penalty rate. and marketing quotas for 1972 and sub- sequent crops of peanuts. The allotment See.1 Amson=e Arm PAYrsENT or ?dm=nrnlro PynNAvrzs and marketing quota regulations for pea- 729.1 Applicability. nuts of the 1953 and subsequent crops Extent of calculations and rule of 729.44 Amount of penalty duo from farms 729.2 fractions. with excess acreage. (27 P.R. 11920, as amended) and the al- 729.3 Determination of compliance with 729.45 Penalty due on marketings. lotment and marketing quota regulations allotments. 729.A8 Persns liable for payment of for peanuts of the 1969 and subsequent penalty. 729.4 Reconstitution of farms. crops (33 F.R. 18351 and 33 F.R. 18981, 729.5 Expiration of time limitations. '729.47 Payment of penalty. 729.6 Definitions. 729.48 Lien for penalty. as amended) are superseded but remain

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 2To. 24-Pt. I-f 2646 RULES AND REGULATIONS

effective with respect to the 1963 through part of South Carolina south and west (7) Excess acreage. The amount by the 1971 crops of peanuts. of the Santee-Congaree-Broad Rivers. which the final acreage exceeds the effec- § 729.2 Extent of calculations and rule (i) The Southwestern Area consisting tive farm allotment. of fractions. of the States of Arizona, Arkansas, Cali- (8) Excess peanuts. Peanuts in excess fornia, Louisiana, New Mexico, Okla- of the farm marketing quota. If rounding is prescribed, computations homa, and Texas. (9) Farm allotment. The farm peanut shall be made in accordance with the (iii) The Virginia-Carolina Area con- acreage allotment for the current year provisions of Part 793 of this chapter. sisting of the States of Missouri, North established pursuant to §§ 72.9.10 to (a) The farm peanut allotment shall Carolina, Tennessee, Virginia, and that 729.20, Including any transfer to the farm be expressed in acres and tenths and part of South Carolina north and east on a permanent basis under § 729.69. shall be rounded. of the Santee-Congaree-Broad Rivers. (10) Farm peanut history acreage. (b) The final acreage shall be ex- (3) Base period. The 3 calendar years The acreage determined under § 720.11 pressed in acres and tenths and frac- immediately preceding the year for which which is considered as devoted to pea- tions of less than one-tenth of an acre farm allotments are currently being es- nuts on a farm for purposes of establish- shall be dropped. tablished or the program year otherwise ing future allotments. (c) The percentage of excess peanuts being considered under this subpart. (11) Farmers stock peanuts. Peanuts for a farm (see § 729.33(d)) shall be (4) Buyer. A person who: which have been separated from the expressed in percent and tenlhs of a (I) Buys or otherwise acquires peanuts vines but have not been shelled, crushed, percent and shall be rounded, except that in any form from a producer or who buys cleaned, or otherwise changed (except the minimum percent excess for a farm or otherwise acquires farmers stock pea- for removal of foreign material and ex- having any excess acreage shall be one- nuts from any person; or cess moisture) from the State In which tenth of 1 percent. (ii) Markets, as a commission mer- picked or threshed peanutz are cu:- -(d) The converted penalty rate (see chant, broker, or cooperative, any pea- tomarily marketed by producers. § 729.33(d)) shall be expressed in cents nuts for the account of a producer and (12) Final acreage. The acreage, in- and tenths of a cent per pound and shall is responsible to the producer for the cluding volunteer acreage, on the farm be rounded, except that the minimum amount received for the peanuts; or from which peanuts are picked or converted penalty rate for a farm having (iii) Receives peanuts as collateral for threshed as determined and adjusted any excess acreage shall be one-tenth of or in settlement of a price support loan. under § 729.29. a cent. (5) Dryer operator. A person who (13) Inspection service. The service (e) The amount of penalty with re- processes farmers stock peanuts for a established and conducted under the pro- spect to any lot of peanuts, and the producer by removal of moisture by arti- visions of Part 51 of Chapter I of this amount of any damages due the Com- ficial means. modity title for the determination and certifica- Credit Corporation shall be ex- (6) Effective farm allotment. The tion or other identification of the grade, pressed in dollars and cents and shall be "farm allotment" as defined in this para- quality, or condition of products. rounded. graph minus any part of such allotment (f) The (14) Irrigated peanut farm. A farmi quantity of peanuts marketed, released to the county committee, tem- for which any part of the peanut acre- the farm marketing quota, and the nor- porarily transferred by lease or by owner age is irrigated. mal and the actual yield per acre, shall and any reduction in allotment resulting be expressed (15) Market. To dispose of peanuts, in whole pounds and shall from violation of marketing quota regu- including farmers stock peanuts, shelled be rounded. lations in a Prior year, plus any acreage peanuts, cleaned peanuts, or peanutj In §729.3 Determination of compliance added by the county committee through processed form, by voluntary or Involun- with allotments. reapportionment of released acreage, tary sale, barter, or exchange, or by gift The provisions of Part 718 of this temporary transfer by lease or by owner, inter vivos. The terms "marketed," "mar- chapter shall govern the determination any increase grante~a for types of pea- keting," and "for market" shall have of compliance with farm allotments. nuts determined- t6 be in short supply corresponding meanings to the ,term and any acreage of peanuts authorized "market" In the connectIon In which § 729.4 Reconstitution of farms. for experimental purposes. For a farm they are used. The terms "barter" and The provisions of Part 719 of this with an allotment of less than 1 acre or a "exchange" shall include the payment by chapter shall govern the reconstitution farm for which an allotment was not es- the producer of any quantity of peanuts of farms and allotments. tablished, the effective farm allotment for the harvesting, picking, threshing, shall be the larger of 1 acre or the farm § 729.5 Expiration cleaning, crushing, or shelling of pea- of time limitations. allotment adjusted for: (i) Release and nuts, or for any other service rendered to The provisions of Part 720 of this reapportionment, (ii) temporary trans- him by anyone. Any lot of farmers steel- chapter concerning the expiration of fer by lease or by owner, (iii) increase for peanuts will be considered as marketed time limitations shall apply to this type, and (iv) reduction for marketing when delivered by the producer to the subpart. quota violation. If the farm allotment Is buyer pursuant to an oral or written adjusted and the allotment remains less § 729.6 Definitions. sales agreement. Peanuts which are do- than 1 acre and only downward adjust- livered by the producer as collateral for (a) Generalterms. In determining the ments were made because of acreage re- or in settlement of a price support loan meaning of the provisions in this subpart, leased to the county committee, tempo- will be considered as marketed at the unless the context indicates otherwise, rarly transferred from the farm or re- time of delivery. words importing the singular include and duced because of a marketing quota (16) Marketing year. For each crop of apply to several persons or things, words violation,-the effective allotment shall be peanuts, the period beginning August 1 importing the plural include the singular, I acre minus such adjustments. If the of the current year and ending July 31 words Importing the masculine gender farm allotment is adjusted and the allot- of the following year. include the feminine as well, and words ment remains less than 1 acre and up- (17) New farm. A farm for which a used in the present tense include the ward and downward adjustments were peanut allotment Is established In the future as well as the present. The defini- made, the effective farm allotment shall current year and for which there Is no tions in Part 719 of this chapter shall be 1 acre minus only the downward ad- Mleanut history acreage In the base period apply to this subpart. justments. If the acreage harvested for under § 729.11. (b) Peanut program terms. The fol- nuts exceeds the effective farm allot- (18) Old farm. A farm for which lowing terms shall have the following ment or any producer who shares in the there Is peanut history acreage under meanings: peanuts on the farm shares in the pea- § 729.11 in 1 or more years of the base (1) Act. Agricultural Adjustment Act nuts produced on another farm, the ef- period. of 1938, as amended. fective farm allotment shall be the farm (19) Peanuts. All peanuts produced, (2) Areas. (i) The Southeastern Area allotment adjusted for the items listed in excluding any peanuts which were not consisting of the States of Alabama, subdivisions (I), (i), (iii), and (fv) of picked or threshed before or after mar- Georgia, Mississippi, Florida, and that this subparagraph. keting from the farm, as established by

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 RULES AND REGULATIONS 2647

the producer or otherwise in accordance lowing general characteristics: Typically tlIon 359b) of the act shall not consti- with this subpart, or were marketed by two-seeded pods which are of an aver- tute farm peanut history acreage. the producer before drying or removal of age size larger than any other type, pods (b) Full aotment preserve as history moisture from such peanuts by natural are roughly cylindrical, with veining and acreage. For any year the entire farm or artificial means for consumption ex- corrugation deep. and seeds cylindrical allotment shall be preserved as peanut clusively as boiled peanuts (referred to with pointed ends, length two or three history acreage If: as "green peanuts"). times diameter, and practically smooth. (1) In the current year or either of the (20) Productivity pool. Acreage re- § 729.8 Determlnation of quarity of 2 preceding years: suliting from downward adjustments be- peanuts. (I) The sum of the final peanut acre- cause of permanent transfer to higher age, and the acreage regarded as producing farms. The quantity of any lot of peanuts planted under conservation programs (21) Quota peanuts. The actual pro- shall be expressed in pounds. If a lot and conservation practices, as deter- duction of peanuts on the effective farm of farmers stock peanuts has been mined under Part "719 of this chapter, allotment. graded at the time of marketing, the and the acreage transferred from the (22) Seed sheller. A person who in the quantity in the lot shall be the gross farm by lease or temporary transfer by course of his usual business operations weight thereof less foreign material and orner (except increase for type), vs as shells peanuts for producers for use .as excess moisture (moisture in excess of 7 much as 75 percent of the farm allot- seed for the subsequent year's crop. percent in the Southeastern and South- ment after reduction for violation, tem- (23) Yield per acre or actual yield. western areas and 8 percent in the Vir- porary release of acreage but before re- The actual yield per acre for the farm ginia-Carolina area). If shelled peanuts apportionment of released acreage, orin- obtained by dividing the final acreage are marked by a producer, the quantity crease for type n short supply. into the total production of peanuts for in the lot (farmers stock basis) shall be (if) Tne farm allotment is or was in the farm. determined by multiplying the pound- an eminent domain allotment pool under age oftuhelled peanuts by 1.5. Part 719 of this chapter; or § 729.7 Types of peanuts. § 729.9 Supervisory authorhy of State (2) The farm is Federally owned and The generally known types of peanuts committee. there is in effect for the current year a have identifying characteristics as fol- restrictive lease prohibiting the produc- lows: The State committee may take any tion of peanuts. action required to be taken by the county (a) Runner type peanuts. Commonly committee which the county committee (c) Computation of history acreage. known as African Runner, Alabama fails to take and the State committee If, for any year, the full allotment is not Runner, Georgia Runner, Carolina may correct or require the county com- preserved as peanut history acreage un- Runner, Wimington Rifiner, Dixie mittee to correct any action taken by der paragraph (b) of this section, the Runner, or Runner; produced princi- such committee -which is not in accord- farm peanut history acreage for such pally in the Southeastern peanut-pro- ance -with this subpart. The State com- year shall be the sum of the following ducing area of the United States and mittee may also require acreages, but not In excess of the farm the county com- allotment for such year: identified by the following character- mittee to withhold taing any action Istics: Typically two-seeded pods which which is not in accordance with this (1) The final acreage, adjusted to are practically cylindrical, medium subpart. compensate for abnormal weather, or sized, stem end round and the other FAnM disease, or condltion:beyond the control pointed with a slight keel, having shells ALLOTEMuTS of the farm operator affecting acreage, fairly thick and strong, with shallow § 729.10 Basis for old farm allotments. if the county committee determines veining and corrugation; seeds crowded (a) A farm allotment shall be deter- that such action is necessary to main- in pod with adjacent ends sharply mined for each old farm on the basis tain equitable allotments: Provided, shouldered. of the following factors: Past acreage That the farm operator files a written (b) Spanish type peanuts. Commonly of peanuts, taking into consideration the request for such an adustment at the known as White Spanish, Small Span- acreage allotments previously established office of the county committe prior to ish, Medium-Small Spanish, or Spanish; for the farm; abnormal conditions affect- December 1 of the current year; produced principally in the Southeast- ing acreage; the farm peanut history (2) The acreage regarded as planted ern and Southwestern peanut-producing acreages for the base period; land, labor, to peanuts under conservation programs areas of the United States and identi- and equipment available for the produc- and conservation practices, determined fied by the following general character- tion of Peanuts; crop-rotation practices; under Part 719 of this chapter; istics: Typically two-seeded pods which and soil and other physical factors affect- (3) The acreage temporarily released are small, with both ends rounded, the ing the production of peanuts on the to the county committee under provisions end opposite the stem having an incon- farm: of § 729.22; spicuous point or keel, and the waist (b) Any acreage of Peanuts harvested (4) The amount of any reduction in slender; shells very thin, with veining in excess of the farm allotment, any the current year allotment made pursu- and corrugation but not deep, and seed acreage of peanuts harvested as the re- ant to the provisions of § 729.21; and globular to oval and practically smooth. sult of allotment acreage reapportioned (5) Acreage transferred from the farm , (c) Valencia type peanuts. Commonly to the farm under provisions of § 729.22 by lease or temporary transfer by owner known as New Mexico Valencia, Ten- and any acreage of peanuts harvested (except Increase for type). nessee Valencia, Tennessee White, Ten- for peanuts of a type determined to be (d) Reduction of previously deter- nessee Red, or Valencia; produced prin- in short supply shall not be considered mined histary. Notwithstanding any cipally in Tennessee and New Mexico, in the establishment of the allotment for other provision of this subpart, the pea- and identified by the following general the farm in succeeding years. The pro- nut history acreage for each year of the- characteristics: Typically three-, or base period shall be zero unless in I or duction of peanuts on a farm for vhich more years four-seeded, and sometimes five-seeded no farm acreage allotment was estab- of the base period there is pods which are long and slender, with acreage in the peanut history acreage the end opposite the stem having a defi- lished shall not make the farm eligible of a kind other than acreage released to nite point or-keel with conspicuous vein- for an allotment as an old farm. the county committee or acreage reduc- ing and corrugation, and seeds globular § 729.11 Determination of farm peanut tion(s) for the violation of marketing to oval. history acreage. quotas. - (d)Virginia type peanuts. Commonly (a) Maximum history acreage. The § 729.12 Determination of preliminary known as Virginia Runner, Virginia allotment. Bunch, North Carolina Runner, farm peanut history acreage for any year North shall not exceed the farm peanut allot- For each old farm the county commit- Carolina Bunch, Jumbo, or Virginia; tee shall determine a preliminary allot- produced principally in North Carolina, ment for such year. The production of ment for the current year. Preliminary Virginia, northeastern South Carolina, peanuts without an allotment but within allotments shall be determined as and Tennessee, and identified by the fol- the one acre exemption provided by eec- follows:

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 2648 RULES AND REGULATIONS (a) If a farm allotment was not es- committee, with the approval of a rep- (1) A written application for a now tablished for the preceding year for a resentative of the State committee, de- farm allotment is filed by the farm oper- farm which was eligible to receive an termines is fair and reasonable for the ator at the office of the county committee allotment for such year, the county com- farm, taking into consideration the pea- on or before February 15 of the year for mittee shall determine an acreage for nut-growing experience of the pro- which application for an allotment Is the farm which shall be the preceding ducer(s) on the farm; land, labor and being filed; year farm allotment for purposes of es- equipment available for the production (2) The farm shall be operated by the tablishing a preliminary allotment for of peanuts on the farm; crop rotation owner thereof, except that the operator the farm. Such acreage shall be estab- practices; and soil and other physical need not be the owner If he has operated lished in accordance with the marketing factors affecting the production of the farm for the 5 years Immediately quota regulations applicable to the crop peanuts. preceding the year for which application being filed for such of peanuts produced in the preceding § 729.16 Limitations on new farm allot- for an allotment Is year. ments. farm. A person who owns only part of a For each farm the county commit- farm cannot be considered the owner of (b) (a) Not more than 1 per centum of the farm except that both husband and tee shall compare the preceding year acreage allotment shall be ap- farm history acreage with the farm allot- the State wife shall be considered the owner of th, portioned among new farms. farm if the farm Is jointly owned by such ment established for such year, and if farm allotment established the farm peanut history acreage is less (b) The husband and wife; than 75 percent of the farm allotment, for a new farm shall not exceed the land (3) The farm Is the only farm in the determine the average of the farm pea- available for the production of peanuts. United States, owned or operated by the nut allotment and the farm peanut his- § 729.17 Reduction and cancellation of farm operator or farm owner, for which tory acreage for the preceding year. The new farm allotments. a farm peanut allotment Is establiohed for the current year; average so determined shall be the pre- The allotment determined under this liminary allotment for the farm for the (4) The type of soil and topography subpart for a new farm shall be reduced of the available land on the farm for purpose of determining the farm allot- to the acreage planted to peanuts on the ment for the current year. which the allotment is requested Is suit- farm when it is found that such acreage able for the production of peanuts antd (c) The preliminary allotment for is less than 75 percent of the allotment. the preceding continuous production of peanuts on the each old farm shall be Any farm allotment established and any farm will not result In an undue eroslon year farm allotment minus any adjust- history acreage credit shall be void as hazard; ment made pursuant to paragraph (b) of the date the new farm allotment was (5) The farm operator shall own, or of this section. issued if the State committee determines otherwise have readily available, ade- for corrections, missed that the applicant knowingly furnished any other facilitiet; § 729.13 Reserve informa- quate equipment and farms, and inequities. false, incomplete or inaccuratq of production (including irrigation tion to obtain the allotment. Any new (a) The State committee may estab- where in- water) necessary to the production of farm allotment established, peanuts on the farm; lish a reserve acreage for the correction complete or inaccurate information was of errors in farm allotments and to estab- applicant (6) (1) The operator shall expect to unknowingly furnished by the obtain during the current year more lish allotments for missed farms and for and so determined by the county com- inequities. Such acreage shall not exceed than 50 percent of his income from the mittee shall be void for the next crop commodities 10 percent of the State allotment and year. However, the cancellation shall production of agricultural shall first be used for correction of errors or or products. In making this computation not be applicable to the current year will be and for missed farms, to the extent avail- to prior years. of income from farming, no value able, before considering any adjustments allowed for the estimated return from for inequities. §729.18 Establishment of State re- the production of the requested allot- (b) The State committee may make serves for new farms. ment. However, in' addition to the value acreage from the State reserve estab- In addition to the acreage established of agricultural products sold, credit will lished under this section available to in the State reserve for correction, missed be allowed for the estimated value of the county committees for making up- farms and inequities under § 729.13, the home gardens, livestock and livestock ward adjustments in farm allotments. State committee may establish a State products, poultry, or other agricultural The county committee shall examine the reserve for new farms based on estimated products produced for consumption on preceding year's farm allotment for each requirements in an amount not to exceed the farm. Where the farm operator Io a farm and may adjust such allotment 1 per centum of the State allotment. partnership, each partner must expect upward if it determines that such ac- to obtain, during the current year, more tion is necessary to obtain an allotment § 729.19 Conditions of eligibility for than 50 percent of his income from the for the farm which is equitable when new farm allotment. production of agricultural commoditieJ compared with other similar old farms (a) A farm which includes land ac- or products; where the farm operator Is in the locality. Upward adjustments shall quired by an agency having the right of a corporation, it must have no major be made on the basis of the farm peanut eminent domain for which the entire corporate purpose other than operation history acreage for the base period; labor peanut allotment was pooled pursuant to and ownership, where applicable, of such and equipment available for the produc- Part 719 of this chapter, which is subse- farm, and the officers and general man- tion of peanuts; crop-rotation practices; quently returned to agricultural produc- ager of the corporation must expect to and soil and other physical factors af- tion, shall not be eligible for a new farm obtain more than 50 percent of their In- fecting the production of peanuts. peanut allotment for a period of 3 years come from farming. Dividends and sal- from the date the former owner was dis- ary from the corporation shall be con- § 729.14 Computation of allotments for placed from the acquired farm. Also, a sidered as income from farming. old farms. farm which includes land which has no (ii) When the farm operator Is a low,- The farm allotment for each old farm peanut acreage allotment because the income farmer, the county committee for the current year shall be -computed owner did not designate a peanut allot- may waive the income provision in sub- by multiplying the preliminary allotment ment for such land when the parent division (1) of this subparagraph If It for such farm by a State allotment factor farm was reconstituted pursuant to Part determines that the farm operator's In- (rounded four places beyond the deci- 719 of this chapter, shall not be eligible come, from both farm and nonfarm mal) determined by dividing the total for a new farm peanut allotment for a sources, is so low that it will not provide of the preliminary allotments for all old period of 3 years beginning with the year a reasonable standard of living for the farms in the State into the current year in which the farm reconstitution becomes operator and his family; and a State State acreage allotment minus the acre- effective. committee representative approves such age reserved under § 729.13 and 729.18. (b) An allotment shall not be estab- action. The county committee must ex- lished for a new farm from acreage made ercise good judgment to 'see that Its de- § 729.15 Basis for new farm allotments. available from the new farm reserve un- termination is reasonable in the light of The farm allotment for a new farm less each of the following conditions are all pertinent factors and that this spe- shall be that acreage which the county met: cial provision is made applicable only to FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 RULES AND REGULATIONS2 2649 those who qualify. In making its deter- farm are accounted for and payment of the violation occurred. Where the quan- mination, the county committee shall all additional penalty Is made, or (2) no tity of peanuts involved in the violation consider such factors as size and type of person connected with such farm for the equals or exceeds the farm marketing farming operations, estimated net worth, current year caused, aided, or acquiesced quota, the amount of reduction shall be estimated gross family farm income, esti- in such marketing. 100 percent. The quantity of peanuts de- mated family off-farm income, number of (b) If complete and accurate proof of terminedbythecounty committee to have dependents, and other factors affecting the disposition of all peanuts produced been falsely Identified or for which satis- the individual's ability to provide a rea- on the farm is not furnished in the man- factory proof of disposition has not been sonable standard of living for himself ner and within the time prescribed under furnished shall be considered the quan- and his family. this subpart, the acreage allotment next tity of peanuts involved in the violation. (7) The farm operator shall have had established for the farm shall be reduced If the actual production of peanuts on experience in producing, harvesting, and as provided in this section for the failure the farm is not kmown, the county com- marketing peanuts either as a sharecrop- to furnish such proof, except that such mittee shall estimate such actual pro- per, tenant, or farm operator during at reduction for any such farm shall not be duction, taking into consideration the least 2 of the 5 years immediately pre- made if it is established to the satisfac- condition of the peanut crop during the ceding the year forwhich the new farm tion of the county and'State committees growing and harvesting season, if known, allotment 4s requested. Bona-fide peanut that (1) the failure to furnish such proof and the actual yield per acre of peanuts production experience gained by a per- of disposition was unintentional and no on other farms in the locality on which son as a member of a partnership *shall producer on such farm could reasonably the soil and other physical factors affect- be accepted as experience gained in meet- have been expected to furnish such proof ing the production of peanuts are simi- ing this-requirement. If the applicant was of disposition, provided such failure will lar. The actual yield per acre of peanuts in the armed services during any part or be construed as intentional unless such on the farm, as so estimated by the all of the 5-year period, the experience proof or disposition Is furnished and pay- county committee, multiplied by the period shall be expanded, year for year, ment of all additional penalty Is made, smaller of the effective farm allotment for each year of military %ervice during or (2) no person connected with such or the final acreage, shall be considered such 5-year period. In making a deter- farm for the current year caused, aided, the farm marketing quota for the pur- mination of any person's experience in or acquiesced in the failure to furnish pose of this section. In determining, for growing peanuts, no credit shall be given such proof. farm on which the final acreage exceeds for the person's interest inpeanuts grown (c) Any reduction made under this the effective farm allotment the amount on a farm for which no farm peanut al- section shall be made with respect to the of peanuts for which satisfactory proof lotment was established for such year. current year farm allotment, provided It of disposition Is not shown, the quantity Experience in growing peanuts on a farm can be made at least 30 days prior to the of peanuts involved in the violation shall having a farm allotment by temporary beginning of the normal planting season be deemed to be the actual production of transfer shall be given credit. for the county in which the farm is lo- peanuts on the farm, estimated under § 729.20 Establishing new farm allot- cated. If the reduction cannot be made this paragraph, less the amount of pea- ments for eligible applicants lacking effective'with respect to the current year nuts for which satisfactory proof of experience. crop, such reduction shall be made with disposition has been shown. For farms respect to a farm allotment subsequently on which the final acreage does not ex- f the total of the acreage requirid to established for the farm. This U-ction ceed the effective farm allotment, the establish allotments for all new farms in shall not apply If the farm allotment for quantity of peanuts involved in the vio- the State which are eligible under any prior year was reduced for the same lation shall be the quantity of peanuts § 720.19, is less than the acreage available violation. For purposes of this section, the reported by the farm operator as pro- in the State reserve under § '29.16, for following dates are hereby established as duced on the farm less the actual pro- establishing such allotments, the balance, the beginning of the normal planting duction on the farm as determined by upon approval by the State committee, season for peanuts: the county committee. shall be available for establishing new ST&TE A I DATZ (e) If the farm involved In the vio- farm allotments for farms for which a lation Is combined with another farm written -application is filed by the farm Alabama, March 25. prior to the reduction, the reduction shall operator at the office of the county com- Arizona, March 20. be computed on the portion of the allot- mittee on or before March 1 of the year Arkansas, May 15. California: Imperial and Rlverside Counties, ment derived from the farm involved for which the allotment is requested and in the violation. the conditions of eligibility of para- March 15; Fresno, Xern, and Tulare Coun- ties. May 16. (f) If the farm involved in the viola- graphs (a) and (b) (2) through (6) of Florida, March 15. § 729.19 are met. Such farm operators tion has been divided prior to the reduc- Georgia, March 26. tion. the percentage of reduction for are not required to meet the peanut ex- Louisiana, May . perience requirement of § 729.19(b) (7). MisstssIppi. April 20. the allotments for the divided farms shall Missouri, April 18. be the same as though no division had -wiscELLANEoUs PROVISIONS AFFECTING New Mexico, May 1. been made. FARM ALLOTMENTS North Carolina, May 1. (g) Any reduction in the allotment § 729.21 Reduction of farm allotment Okiahoma. May 10. for a farm made under this section for violation. South Carolina, May 15. shall not operate to reduce the allot- Tennessee. May 1. ment for such farm for any subsequent (a) If peanuts are marketed or are Virginia, May 1. year. permitted to be marketed in any market- TExAs, ZoNE I, Ma zc 10 ing year as having been produced on the § 729.22 Release and reapportionment. acreage allotment for any farm which in Comprised of the counties of: (See listing under § 729.22(b)). (a) Release of acreageallotments. Ex- fact were produced on a different farm, cept as provided in this paragraph, any the acreage allotments next established TxAS, ZonE Ir, Axa, 3 part of a farm allotment on which pea- for both such farms shall be reduced as Comprised of the counties of: (See listing nuts will not be produced and which the provided in this section, except that such under j 729.22(b)). operator of the farm voluntarily sur- reduction for any such farm shall not be TExAs, ZoNE III, Arm 17 renders in writing to the county commit- made if it is established to the satisfac- tee shall be deducted from the allotment tion of the county and State committees Comprised of the counties of: (See listing to such farm if such acreage is surren- that (1) no person on such farm inten- under 1'729.22(b)). dered not later than the applicable clos- tionally participated in such marketing (d) The amount of reduction shall be ing date specified in this paragraph. or could have reasonably been expected that percentage which the quantity of Where the entire farm allotment was re- to have prevented such marketing, pro- peanuts involved in the violation Is of leased in each of the 2 years preceding vided the marketing shall be construed the respective farm marketing quota for the currrent year, the release of the effec- as intentional unless all peanuts from the the farm for the marketing year in which tive farm allotment for the current year

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 26.50 RULES AND REGULATIONS shall be in writing and signed by both practices; and soil and other physical Cherokee. San Jacinto, the owner and operator of the farm. If factors affecting the production of pea- Clay. Ean Saba. any part of the farm allotment is per- nuts. A farm shall be eligible to receive Coke. Sehleleher. manently released (i.e., for the current Coleman. Scurry, reapportionment of released acreage Colln. Shacl:elford. year and all subsequent years), such re- only if a written request is filed by the Comanche. Shelby, lease shall be in writing and signed by farm owner or operator at the office of Concho. Smith. both the owner and operator of the farm. the county committee not later than the Cooke. Somervell. If the entire current year farm allot- applicable dates specified below: Coryell. Stephens. ment is permanently released, the Crane. Sterling. farm STATE ArM CLOSING DATE peanut history acreage and farm allot- Crockett. Sutton. ment for the current year and prior years Alabama, lMarch 15. Culberson. Tarrant. shall not be considered in establishing Arizona, March 15. Dallas. Taylor. Arkansas, May 15. Dawson. Terrell. an allotment for the farm for any sub- California, April 1. Delta. Titus. sequent year and the farm shall not be Florida, March 15. Denton. Tom Green. eligible for a new farm peanut allotment Georgia, April 1. Eastland. Travis. so long as such farm was credited with Louisiana, July 1. Ector. Trinity. peanut history acreage in the base pe- Mississippi, May 15. Ellis. Tyler. riod used in the determination of the Missouri, May 25. El Paso. Upzhur. current year acreage allotment. Acreage New Mexico, May 10. Erath. Upton. allotments may not be released (1) fronA North Carolina, April 15. Falls. Van Zandt. Oklahoma, April 1. Fannin. Walker. new farms, (2) from farms owned by the South Carolina, April 15. Fayette. Ward. Federal Government or any agency Tennessee, April 1. Fisher. Washington. thereof, if there is in effect a lease or Virginia, April 15. Franklin. Wichita. operating agreement prohibiting the pro- Texas. (See following list.) Freestone. Wllllnaon. Gaines. duction of peanuts, (3) for the current TSxAS Winkler. year, if the owner of the farm notifies Gillespie. 'Viso. the county committee in writing, before In this State the same closing dates are Glasscock. Wood. acreage is released by the operator, that applicable for purposes of both paragraphs Grayson. Young. (a) and (b) of this section. These closing Gregg. Lee. he objects to such a release, and (4) dates, by zones within the State are as listed Grimes. Leon. from the allotment pool if an applica- below. Hamilton. Limestone. tion for transfer from the pool has been March 1 for Zone 1, comprised of the Harrison. Llano. filed in accordance with Part 719 of this counties of: Hays. Loving. Henderson. McCulloch. chapter. In addition, acreage allotments Aransas. Karnes. may not be released from a farm covered Hill. MoLennan. Atascosa. Kendall. Hood. Madison. by a whole faitm Conservation Reserve Austin. Kenedy. Hopkins. Marlon. Contract, a whole farm cropland conver- Bandera. Kerr. .Houston. Martin. sion program agreement entered into in Bee. Kinney. Howard. Mason. 1964 or 1965, a cropland conversion pro-. Bexar. Kleberg. Hudspeth. Menard. gram agreement entered into in 1966 or Brazoria. La Salle. Hunt. Midland. :Brooks. 1967, or a cropland adjustment program Lavaca. Irlon. Milam. Calhoun. Liberty. Jack. Mills. agreement. Acreage allotments may be Cameron. Live Oak. released from a farm covered by a part- Jasper. Mitchell. Chambers. McMullen. Jeff Davis. Montague. farm Conservation Reserve Contract and Colorado. Matagorda. Johnson. Montgomery. a part-farm Cropland Conservation Pro- Conral. Maverick Jones. Morris. gram Agreement entered into in 1964 or De Witt. Medina. Kaufman. Nacogdohes. 1965 in an amount not to exceed the Dimmit. Nueces. Kimble. e Navarro. permitted acreage but for such farm hav- Duval. Orange. Lamar. Ing Edwards. Real. more than one allotment crop avail- Fort Bend. Refuglo. April 18 for Zone 3, comprlkcd for the able for release, the total released Frlo. San Patriclo. counties of: acreage for all allotment crops shall not Galveston. Starr. Armstrong. Hockloy. exceed the permitted acreage. Gollad. Uvalde. Bailey. Hutchin on. STATE AND CLOSING DATE Gonzales. Val Verde. Guadalupe. Baylor. Kent. Victoria. Briscoe. King. Alabama, March 15. Hardin. Wailer. Arizona, March 1. Carson. Knox. Harris. Webb. Castro. Lamb. Arkansas, May 15. Hidalgo. Wharton. California, April L Childress. Llpseomab. Jackson. Willac. Cochran. Florida, March 15. Lubbook. Jefferson. Wilson. Collingsworth. Lynn. Georgia, March 25. Jim Hogg. Zapata. Louisiana, July 1. Cottle. Moore. Jim Wells. Zavala. Crosby. Mississippi, May%1. Motley. Missouri, May 10. April 4 for Zone 2, comprised of the coun- Dallam. Ochiltreo. New Mexico, May 6. ties of: Deaf Smith. Oldham. North Carolina, April 15. Dickens. Parmer. Anderson. Lampasas. Donley. Potter. Oklahoma, April 1. Andrews. Newton. Floyd. South Carolina, April 15. Randall. Angelina. Nolan. Foard. Roberto. Tennessee, April 1. Archer. Palo Pinto. Virginia, April 15. Garza. Sherman. Bastrop. Panola. Gray. Stonewall. Texas. (See listing under paragraph (b) of Bell. Parker. this section.) Hale. Swisher. Blanco. Pecos. Hall. Terry. (b) Reapportionment of released acre- Borden. Polk. Hansford. Throckaort n. age allotment. The Bosque. Presidio. Hardeman. Wheeler. acreage released Bowie. Rains. under paragraph (a) of this section may Hartley. Wilbarger Brazos. Regan. Haskell. Yohum. be reapportioned by the county commit- Brewster. Red River. Hemphill. tee to other farms in the same county Brown. Reeves. receiving allotments in amounts deter- Burleson. Robertson. (c) Closing date for rcapportfonmcnt mined by the county committee to be Burnet. Rockwall. of released acreage.Any acreage released fair and reasonable on the basis of land, 'CaldwelL Runnels. to the county committee may Callahan. usk. be reap- labor, and equipment available for the Camp. Sabine. portioned by the county committee to production of peanuts; crop-rotation Cass. San Augustine. other farms in the county at any time

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 RULES AND REGULATIONS 2651

not later than 15 days following the clos- dividing such State total into the addi- errors caused by fraud or misrepresenta- ing date established under paragraph b) tional acreage apportioned to the State tion of facts by or on behalf of the pro- of this section for the ling of a request (minus the reserve for the correction of ducerd on the farm. (2) Such revised for an increase in allotment from re- errors). Such factor shall be rounded notice shall be issued prior to the date leased acreage. for four places beyond the decimal. The wher planting of peanuts normally be- (d) Maximum acreage allotment. No amount of the increase for each farm comes general on farms in the county if allotment shall be increased under the shall be computed by* multiplying the at all possible, but If not possible to do provisions of paragraph (b) of this sec- factor by the total acreage determined so, such revised notice shall be issued tion to an acreage greater than the land for each eligible farm. The reserve for after such date and the county commit- available for the production of peanuts the correction of errors shall be deter- tee shall determine whether the erro- on the farm. mined by the State committee on the neous notice of allotment provisions of (e) Credit for released or reap- basis of experience in past allotment § '729.27 are applicable. portioned acreage. The release of allot- programs and Its Imowledge as to the (c)Notice to operator constitutes ment under paragraph (a) of this reliability of data used in apportioning notice to other persons. (1)Each notice section for the current year only shall the additional acreage to farms, and shall shall contain a statement substantially not operate to reduce the allotment for not exceed three-fourths of 1 percent of as follows: "To all persons who as opera- the farm for any subsequent year unless the additional acreage apportioned to the tor, landlord: tenant, or sharecropper such farm becomes ineligible for an old State. will for the crop year shown below be farm allotment. Any increase in the al- (b) The increase in acreage allotment interested In the commodity designated lotment for a farm resulting from a re- under this section shall not be considered below produced on the farm for which apportionment of acreage under para- in establishing future State, county, or this acreage allotment and marketing graph (b) of this section shall not farm acreage allotments. quota are established!." Notice so given operate to increase the allotment for NoricEs OF FAn.M ALLOTMENTS AZID shall constitute notice to all persons. such farm for any subsequent year. MhnTNqa QuoTAS (2) A copy of each notice showing the (f) Applicability of section to farms date of mailing to the operator shall be acquired by an agency having the right § 729.25 Approval of farm allotments. kept among the records of the county of eminent domain. (1) Any part or all No official notice of farm allotment committee. Upon request, a certified copy of a peanut allotment for a farm shall be mailed to a farm operator of an shall be furnished without charge to any acquired by an agency having the right old or new peanut farm until a repre- person who as an operator, landlord, of eminent domain and held under lease sentative of the State committee has tenant, or sharecropper is interested in or other agreement by the former owner reviewed and approved the farm allot- the peanuts produced on the farm in the may be released to the county commit- ment. The representative of the State year for which the notice is issued. tee in accordance withparagraph (a) of committee may revise or require revi- Cd) Effectiveness of notice. Each this section. Also, such farm is eligible slons of any determinations made under notice shall bear the actual or facsimile to receive a reapportionment of acreage this subpart. Such prior review shall not signature of a member of the county com- undei'paragraph (b) of this section. (2) be required for revised farm allotments mittee. The facsimile signature may be During any year of the period the pea- resulting from: (a) Reconstitution of affixed by the county committeeman or nut acreage allotment from a farm re- farms that does not require allocation an employee of the county office. Farm mains in the allotment pool pursuant to of additional acreage; (b) release and allotments shall not become effective un- Part 719 of this chapter, the displaced reapportionment of allotments; (c)in- less the notice is properly signed, ap- owner may release, for one year at a time, crease of allotments for type; Cd) lease proved, and mailed In accordance with all or any part of such allotment to the and transfer of allotments; and (e)al- this section. county committee. Release and reap- lotment reductions due only to failure to (e)Farm operator obligation to in- portionment of such allotments shall be return marketing cards. form county committee of changes. The in accordance with the provisions of Part farm operator shall Immediately inform 719 of this chapter. § 729.26 Notices of farm allotments. the county committee of any changes in § 729.23 Allotments for farms acquired (a) Initial notice of farm allotment. the ownership, operation, or control of by agency having right of eminent (1)The county committee shall mail a the farm, or any part thereof, and any domain. written notice of farm allotment to the change in the total land in the farm, for operator of each old peanut farm and a farm with a current farm. allotment. The allotment determined for any land each new peanut farm for which a farm (W Review of farm aZlotment. Each from which the owner is displaced be- allotment for the current year is estab- notice shall contain a brief statement of cause of acquisition of the land by any lished and approved as soon as possible the procedure for application to obtain Federal, State, or other agency having after the farm allotment is established. a review of the farm allotment and the right of eminent domain shall be (2) If application for a new peanut farm marketing quota by a review committee maintained and reallocated in accord- allotment is made but the county com- in accordance with section 363 of the act ance with Part 719 of this chapter. mittee determines that no new farm al- and the Marketing Quota Review Regu- §729.24 Additionial acreage allotment lotment shall be established, the county lations in Part '711 of this chapter. Un- for farms producing types of peanuts committee shall mail a written notice less application for such review is timely in short supply. of " one" as the farm allotment to the filed within 15 days after the mailing of - (a) Any additional acreage allotment operator of such farm. (3) If an old pea- a notice under this section, the farm apportioned to any State producing pea- nut farm loses eligibility for a farm allotment and marketing quota estab- nuts of a type or typesdetermined to be allotment as an old peanut farm for the lished by such notice shall be final and in short supply for the current year, current year, the county committee shall not subject to review by the review com- less a reserve for the borrection of errors, mail a written notice of "None" as the mittee: Provided, That the failure of shall be apportioned among farms on farm allotment to the operator of such the farmer to apply for such review shall which peanuts of such type or types were farm showing the reason no farm allot- not preclude the county committee from produced in any of the 3 years of the ment was established for the farm. issuing any required revised notice of base period. For each farm eligible to (b) Revised notice of farm allotment. farm allotment. If such notice is sub- share in the additional acreage appor- (1)The county committee shall mail a sequently revised in accordance with tioned to the State, the county commit- written notice of revised farm allotment this section, the revised farm allotment tee shall determine that part of the to the operator of the farm as soon as and marketing quota shall be subject to total farm peanut history acreages for possible after the county committee de- review in the same manner as the the base period that was devoted to, or termines that a revision is required i) previous allotment and quota. considered devoted to, the type(s) of under this subpart, (Ii) under the pro- § 729.27 Erroneous notice of allotment. peanuts determined to be in short sup- visions of Part '719 of this chapter, WiDI) ply. A State total of such acreages sball to correct errors committed by the (a)If the county committee deter- be obtained and a factor computed by county committee, or (iv) to correct mines with the approval of the State

FEDERAL REGISTER, VOL 37, NO. 24-RIDAY, FEBRUARY 4, 1972 RULES AND REGULATIONS

executive director that (1) the official acreage in excess of the farm acreage al- lotments transfers by sale, lease, or written notice of the farm acreage allot- lotment. Such adjustment is permitted owner and under 7 U.S.C. 1305, may not ment issued by the State or county office for the purpose of identifying peanut be assigned or otherwise tramforred in for any farm erroneously stated the acreage on which the peanuts are left in whole or in part to any other farm. acreage allotment to be larger than the the ground or hogged-off or on which Peanuts produced on one farm shall not final effective allotment for the farm, the peanuts are utilized for green be marketed on a marketing card Issued and (2) the error was not so gross that peanuts. with respect to another farm. If any the operator would reasonably be ex- (a) Planted acreage not in excess of amount of peanuts produced on one farm pected to question the acreage, and that effective farm allotment. When the acre- is falsely identified by a representation the operator, relying upon such notice age planted to peanuts on a farm is not that such peanuts were produced on an- and acting in good faith (I) materially in excess of the effective farm allotment, other farm, the allotment subsequently changes his position to enable him to the planted acreage, less the acreage established for each such farm shall be produce the allotment crop (for example hogged-off, left in the ground, or har- reduced as provided In § 7129.21. obligated expenditures of funds for land vested as green peanuts and reported in § 729.32 Marketingcardq preparation, additional equipment and accordance with § 729.53 shall be the and their uwte. labor) or (i) picked or threshed peanuts final acreage. (a) Within quota card. Farm 1Q--6 from acreage in excess of the finally ap- (b) Planted acreage in excess of effec- Peanuts, Peanuts Within Quota Market- proved effective farm allotment, the tive farm allotment. When the planted ing Card, referred to as a "wlthlin quota acreage allotment shown on the errone- acreage is in excess of the effective farm card," authorizes the marketing of pea- ous notice shall be considered the effec- allotment, such planted acreage, less the nuts produced on the farm for which tive farm allotment. adjustments under this paragraph, shall the card is Issued without payment of (b) If the farm operator receives a be the final acreage. penalty. corrected notice of allotment after pea- (1) Acreage left in ground or hogged- (b) Excess penalty card, Form MQ-77 nuts have been planted on the farm but off. If any of the planted acreage is to be Peanuts, Peanut Excess Penalty Mar- before such peanuts are picked or left in the ground or is to be hogged- keting Card, referred to as an "exces threshed, the provisions of this section off, the farm operator shall report the penalty card," authorizes the marketing shall not apply unlesA the county com- acreage to the county office in accord- of peanuts produced on the farm for mittee and tfie State executive director ance with Part 718 of this chapter. If which the card is Issued subject to a mar- determine that the acreage planted for the farm operator fails to notify the keting penalty at the rate entered on picking or threshing was in excess of county office that an acreage planted to the card. the effective farm allotment only because peanuts on the farm has been left in the § 729.33 Issuance of marketing car&d. the operator was given the erroneous ground or hogged-off in accordance with notice of allotment. Part 718 of this cliapter, the entire (a) Issuing officer. The county execu- tive director shall be the iLsung ofileer § 729.28 Notice of excess and penalty. planted acreage, subject to other pro- visions of this section shall be the final *and responsible for the issuanco of mai- The county committee shall mail to the acreage. keting cards. Each card issued shall be farm operator a written notice of ex- (2) Acreage utilized for green pea- validated by the signature, actual or fac- cess acreage and farm marketing quota nuts. If all of the planted acreage is simile, of the issuing officer. The facslmilo for any farm with excess peanut acre- utilized for green peanuts and a satis- signature may be affixed by an employee age. The notice shall contain substan- factory report of the marketing of such of the county office. tially the, following statement. "To all peanuts is made pursuant to § 729.53, the (b) Producersto rccelvc cards.A mar- persons who as operator, landlord, ten- final acreage for the farm shall be zero. keting card shall be Issued In the name ant, or sharecropper, for the crop year If only a portion of the planted acreage of the operator of each eligible farm for shown above, are interested in the pea- is utilized for green peanuts, the acreage use by any producer on the farm for nuts described herein and produced on so utilized, as determined pursuant to marketing his share of peanuts pro- this farm." Notice so given shall consti- Part 718 of this chapter, may be deducted duced. If the issuing officer flndu that it tute notice to all such persons. Such no-, from the planted acreage in determining will serve a useful purpose, additional tice shall also contain a brief statement the final acreage for the farm if a satis- cards may be issued in the name of the of the procedure whereby application for factory report of the marketing of green operator and delivered to other pro- review 'of the marketing quota may be peanuts is made pursuant to § 729.53: ducers'on the farm or the marketinf, made under section 363 of the act. Such Provided,That the farm operator notifies card may be Issued in the name of the shall bear the actual or facsimile signa- the county office in accordance with Part operator and one or more other pro- ture of a member of the county com- 718 of this chapter that an acreage ducers on the farm. In addition: mittee. The facsimile signature may planted to peanuts on the farm will be or (1) If the farm operator doe. not be affhxed by the county committeeman has been utilized as green peanuts. If the share in the peanuts produced on the or an employee of the county office. A farm operator fails to so notify the farm the marketing card(s) may be is- copy of each notice containing a nota- county office, the entire planted acreage, sued to the person(s) sharing In such tion thereoun of the date of mailing the subject to other provisions of this sec- peanuts without entering thereon t'e notice to the operator of the farm shall be tion, shall be the final acreage. name of the operator. kept among the permanent records of (2) If all peanuts produced by a per- the county committee and, upon request, §729.30 Amount of farm marketing son(s) are to be marketed to a person(s) a copy thereof, duly certified as a true quota. other than an established buyer, market- and correct copy shall be furnished with- (a) The farm marketing quota for a ing cards shall not be issued. out charge to any person who as op- farm having no excess acreage shall be (3) The issuance of a marketing card erator, landlord, tenant, or sharecrop- the actual production of peanuts equal may be withheld for any farm until ai per, is interested in the peanuts pro- to the actual yield per acre multiplied by estimate Is made of the peanut produe- duced in the current year on the farm the effective farn allotment. tion on the farm, if the county commit- for which the notice is given. (b) The farm marketing quota for a tee determines such action to be FINAL ACREAGE, FARI M&REETING QUOTAS, farm having excess acreage shall be a necessary for effective operation of the AND ISsUANCE OF 1ARXOETING CARDS quantity of peanuts equal to the actual marketing quota program. yield per acre multiplied by the effective (c) Within quota card. A farm Is eli. § 729.29 Determination of final acreage. farm allotment. gible for a within quota card where the final acreage Is not in excess of the effec- The final acreage of peanuts on a § 729.31 Ml'arketing quotas transferable farm shall be the acreage determined in only under specified conditions. tive farm allotment and, In the case of accordance with Part 718 of this chap- federally owned land, Is not In exce: a A farm marketing quota is estab- of the smaller of the effective farm allot- ter, adjusted as required under this sec- lished for a farm and, except as specifl- ment or the acreage permitted by the tion for farms on which the initial cally provided for in this subpart for lease or operating agreement. A fuarm certification of peanut acreage shows release and reapportionment, pooled al- is also eligible for a within quota card

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBrfUARY 4, 1972 RULES AND REGULATIONS 2653-

based on a producer's initial certifica- § 729.37 Identifying marketing cards written notice of such fact to the county tion where a producer has peanuts ready for producers indebted to the United office from which the card was issued. for market, but has not completed dig- States. Cc) If a marketing card is invalid be- ging all peanuts and cannot make a final If any producer on a farm Is indebted cause an entry is not made as required, certification of dug acreage. to the United States and such indebted- it shall be returned to the county office. (d) Excess penalty card. A farm is eli- ness is listed on the county debt record, The card then may be made valid by gible for an excess penalty card if the any marketing card Issued for such farm entering data previously omitted or by final acreage is determined to be in shallbear the notation "Indebted to U.S." correcting, if initialed by the county ex- excess of the effective farm allotment. and show the amount and type of the ecutive director, any incorrect data pre- (1) The converted rate of penalty to indebtedness, the name of the debtor, viously entered (except incorrect entry be entered on an excess marketing card and other data considered necessary to of converted penalty rate). If an invalid for a farm,- except as provided under facilitate proper handling of the debt. A card Is not so made valid, it shall be subparagraph (2) of this paragraph, shall notation showing "PMQ" (peanut mar- canceled and a new card shall be issued be determined as follows: keting quota) as the type of indebted- in Its place if there Is further need for a i) Compute the percent excess for the ness shall constitute notice to any peanut marketing card. farm by dividing the final acreage into 'buyer that until the amount of penalty § 729.40 Report on misuse of markeling the excess acreage. and accrued interest is paid, the United cards. (ii) Multiply the percent excess for States has a lien on the crop of peanuts the farm by the basic penalty rate. with respect to which the penalty was in- Any information which causes a mem- (2) The full penalty rate shall be curred and on any subsequent crop of ber of a State, county, or community entered on the excess penalty card where peanuts subject to marketing quotas in committee, or an employee of a State the farm operator refuses to permit meas- which the person liable for payment of or county office or any person engaged urement or where the farm operator fails the penalty has an interest. A notation in buying or handling peanuts, to be- to timely certify the peanut acreage on showing indebtedness of any type other lieve that a marketing card Is being mis- the farm pursuant to Part 718 of this than ' PMQ"' shall constitute notice to used in any manner shall be reported chapter. any peanut buyer that subject to prior immediately by such committeeman, em- (3) For Federally owned land, an ex- liens, the net proceeds, to the extent of ployee, or person to the county ASCS cess penalty card showing "zero" as the the indebtedness shown, from any price office or the State ASCS office. converted penalty rate shall be issued if support loan or purchase settlement due §729.41 Sales memoranda and their the final acreage on the farm is within the debtor must be paid to the "Agricul- the effective farm allotment but is in ex- tural Stabilization and Conservation cess of the acreage permitted by the lease Service, USDA"; except that a represent- (a) Form MQ-70 Peanuts, "Sales or operating agreement. ative of the Farmers Home Administra- Memorandum and Record of Peanuts (4) The excess penalty card issued for Dried or Shelled for Producer," may be tion may stamp the marketing card re- Issued in lieu of an excess penalty mar- a farm shall be marked "Eligible for questing the buyer to issue a check pay- keting card to producers on farms on Price Support" if the farm operator cer- able jointly -to the producer and the tified the acreage to be within the effec- which the acreage of peanuts picked and Farmers Home Administration. The ac- threshed (final acreage) exceeds the ef- tive farm allotment and a farm Acreage ceptance and use of a marketing card fective farm allotment, and to record the check discloses that such allotment has bearing a notation and information con- report purchases and the drying or shell- been exceeded by not more than the ap- cerning indebtedness to the United States Ing of farmers' stock peanuts as provided plicable tolerance specified for peanuts shall not constitute a waiver by the in- 'under Part 718 of this chapter. debted producer of any right to contest in §§ 729.58, 729.60, and 729.62. the validity of such indebtedness by ap- (b) Form MQ-94Peanuts, "Inspection § 729.35 Issuance of marketing card Certificates and Sales Memorandum," when acreage determination is propriate administrative appeal or legal action. may be used by buyers to record data refused. with respect to purchases of peanuts If the farm operator or any producer § 729.38 Rights of sueccessors-in-interest. which have been inspected by the In- on the farm prevents the county com- Any person who succeeds in whole or spection Service. mittee or its representative, or the State in part to the share of a producer in the (c)Excess penalty memorandum, cop- commitee or its representative, from ob- peanuts to be marketed from a farm ies of which are attached to each excess taining information necessary to deter- shall, to the extent of such succe-son, penalty card, shall be used by buyers to mine the acreage of peanuts on a farm, in have the same rights as the producer to report data with respect to purchases of addition to any other liability which the use of any marketing card issued for excess peanuts which are identified by might be imposed upon the operator, and the farm. an excess penalty card. until the farm operator or any producer d) Buyer's own form may be used to on the farm permits a determination §729.39 When marketing cards are of invalid. record or to report data with respect to the acreage, all acreage of peanuts on the purchase of any peanuts (except pur- the farm shall be deemed to be in excess (a) A marketing card shall be invalid chases described in paragraph (c) of this of the effective farm allotment for the if: section) provided such form is serially purpose of issuing a marketing card for (1) It is not issued or delivered in the numbered and contains the data required the farm. form and manner prescribed; by this subpart. (2) An entry is omitted, incorrect, § 729.36 Replacement marketing cards. contradictory or illegible; §729.42 Determination of normal 'When (a) all spaces for recording sales (3) It Is lost, destroyed, or stolen; yields. on a marketing card have been used, Cb) (4) An erasure or alteration, except as (a) Countj. Each year the State com- the card is returned to the county office, to the converted penalty rate, has been mittee shall recommend to the Director, and (c) there is further need for a mar- made and not initialed by the county Ol0seed. and Special Crops Division, a executive director; or -keting card to complete marketings from county normal yield for each peanut- (5) The converted penalty rate or an producing county. The normal yield for the farm, a replacement card shall be is- excess penalty card has been erased or any county shall be the average yield per sued. The replacement card shall be of altered. acre of peanuts for the county, adjusted the same kind, bearing the same name, (b) 'If any marketing card bccomez in- for abnormal weather conditions, during information, and identification as the valid (other than by los, de:truction or the 5 calendar years immediately preced- card being replaced. Upon application by theft) the operator, or the person having ing the year in which such normal yield a producer, a new marketing card of the the card n his pogsesslon, shall return is determined. If for any year in the it to the county office from which it vas 5-year period, production data are not same kind shall also be issued to replace issued. If any marketing card is lost, available, or there was no actual yield, a card which has been lost, mutilated, destroyed, or stolen the producer to whom an appraised yield for such year shall destroyed, or stolen. the card was issued shall give Immediate be determined by the State committee

FEDERAL REGISTER, VOL 37, NO. 24--FRIDAY, FEnRUARY 4, 1972 No. 24--Pt. 1----3 2654 RULES AND REGULATIONS on the basis of yields obtained in similar ducer or person from determining the channels of trade Is considered a person counties during such year and shall be final acreage, the farm will be deemed to who is not an established peanut buyer. used as the actual yield for such year. have excess acreage and the penalty for The county executive director, upon a If, on account of drought, flood, insect the farm shall be determined-by multi- finding that peanuts produced on a farm pests, plant disease, or other uncon- plying the quantity of peanuts marketed on which there Is excess acreage have trollable natural cause, the yield in any from the farm by the basic penalty rate. been or probably will be sold to persons year of the 5-year period is less than 75 If, however, the operator furnishes a who are not established peanut buyero, percent of the average (computed with- complete and correct report containing and upon a determination that it would out regard to such year), such year shall the informktion specified in § 729.56 and be administratively impracticable to ef- be eliminated in calculating the county satisfactory to the State committee, the fect the collection of penalty from such normal yield per acre. County normal penalty for the farm shall be determined persons, may estimate the production for yields shall be approved by the Adminis- in accordance with paragraph (b) of this the farm and determine the amount of trator, Agricultural Stabilization and section.. penalty due by multiplying the converted Conservation Service. (d) Peaiiuts falsely identified or not penalty rate by the estimated production (b) Farm. The normal yield for a farm accounted for. If the disposition of pea- for the farm. The amount of penalty shall be determined by the county com- nuts produced on the farm is not ac- may be -collected from the operator or mittee and shall be the average yield per counted for to the satisfaction of the producer before he markets his peanuta acre of peanuts for the farm, adjusted State committee or if any amount of pea- if he agrees to payment of the penalty In for abnormal weather conditions, during nuts produced on one farm is falsely this manner. If the county executive di- the 5 calendar years immediately pre- identified by a representation that such rector determines that satisfactory In- ceding the year in which the normal yield peanuts were produced on another farm, formation Is not available for estimating is determined. If for any such year, the a penalty for the farm shall be deter- the production for the current crop, a data are not available or there is no ac- mined by multiplying the normal yield normal yield for the farm shall be de- tual yield, the normal yield for the farm by the excess acreage by the basic pen- termined alid It shall be considered the shall be appraised by the county com- alty rate and subtracting therefrom estimated actual yield for the purpose of mittee, taking into consideration soil and penalty paid on marketings. determining production and the amount other physical factors, abnormal weather (e) Peanuts retained for seed. Effec- of penalty. If the entire amount of the conditions, the normal yield for the tive beginning with the 1970 crop year, estimated penalty is paid before any pea- county, the yields for other farms in the peanuts produced on excess farms and nuts are marketed and an excess penalty locality which are similar with respect retained for seed or other purposes will card 19 Issued for the farm, the penalty to soil and other physical factors affect- be considered as marketed and there- rate on the card shall be shown as ing the production of peanuts, the yield fore subject to the marketing quota "zero." If the county committee deter- for the farm in years for which data are penalty if such peanuts are used for seed mines, after marketing of the crop for available, and current production prac- or other purposes on another farm. The the farm has been completed, that the tices on the farm. amount of penalty on any such peanuts actual production for the farm was les" § 729.43 Penalty rate. which are considered marketed shall be than the estimated production, any determined by multiplying the quantity penalty paid in excess of the amount The basic penalty rate shall be equal by the converted penalty rate for the actually due shall be refunded upon to 75 percent of the support price for farm. presentation of a request therefor as pro- peanuts for the marketing year. due on markelings. vided in § 729.51. If the county commit- (a) 1971 crop. The basic support price § 729.45 Penalty tee determines, after marketing of the for peanuts for the marketing year be- In addition to marketings identified by crop for the farm has been completed, ginning August 1, 1971, and ending July excess penalty cards, the marketing of that the amount of penalty due has not 31, 1972, is $268.50 per ton or 13.42 cents peanuts (except marketings under been paid in full, demand upon the pro- per pound. Therefore, the basic penalty §§ 729.46(b) and 729.50) by a producer ducer for the amount of penalty due shall rate for the 1971 crop of peanuts is 10.1 without identification by a valid market- be made and the producer shall be liable cents per pound. ing card shall be deemed a- marketing therefor. (b) Future years. The rate of penalty subject to penalty at the basic rate. Ex- will be determined for each marketing cept as provided in § 729.46(b), the buyer § 729.47 Paynent of penalty. year and established by amendmeit to is liable for payment of the penalty due. A draft, money order, or check drawn this section. He may deduct the penalty from the payable to the "Agricultural Stabilization AmOUNT AND PAY=SXT OF amount paid the producer. and Conservation Service, USDA" may MARKETING PENALTIES § 729.46 Persons liable for payment of be used to pay any penalty, other in- penalty. debtedness, or interest thereon, but any § 729.44 Amount of penalty due from such draft or check shall be received farms with excess acreage. (a) Marketings to established buyers. subject to collection and payment at par. (a) Peanuts properly identified. If the The buyer shall pay the penalty due on The person liable for payment or collec- peanuts produced on the farm are prop- peanuts purchased directly from a pro- tion of the penalty shall be liable also erly marketed with an excess penalty ducer and may deduct the penalty from for interest thereon at the rate of 6 per- card issued for the farm, the penalty the price paid to the producer. The pro- cent per annum from the date the pen- shall be paid on each lot marketed from ducer shall pay the penalty due on any alty becomes due until the date of pay- the farm in an amount determined by peanuts marketed directly to any person ment of penalty. For purposes of this multiplying the converted penalty rate outside the United States. The buyer section penalties become due as follows: for the farm by the number of pounds shall not be relieved of any liability be- (a) Within 2 calendar weeks followl- in the lot. cause of any error which may occur in ing the week in which peanuts are mar- (b) Peanuts not properly identified. executing a sales memorandum. If the keted subject to penalty. If the buyer If the peanuts produced on the farm are buyer fails to collect or to pay the penalty does not remit the pen- due on any marketing of peanuts from of such peanuts not properly marketed with an excess alty within this period, Interest shall penalty card issued for the farm but the a farm, the buyer and each of the pro- disposition of peanuts produced on the ducers on the farm shall be jointly and begin to accrue on Monday of the third farm is accounted for to the satisfaction severally liable for the amount of the calendar week folloving the week in of the State committee, the total amount penalty. which the peanuts were marketed; or as of penalty for the farm shall be deter- (b) Marcetings to persons who are not to any other case; mined by multiplying the total quantity established buyers. The producer shall (b) Two weeks from the date of wit- of peanuts marketed from the farm by pay the penalty due on any peanuts ten notice to the producer, or buyer, of the converted penalty rate for the farm. marketed to persons who are not estab- (c) Measurement prevented. f a rep- lished peanut buyers. A person who is the amount of any penalty owed, inolucF"' resentative of the county committee is not engaged in the business of buying ing but not limited to penat e , prevented by the operator or other pro- peanuts for movement into the regular mined on the basis of normal yield. 1

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 RULES AND REGULATIONS 2655 § 729.48 Lien for penalty. farm can be shown, the producer or any marketed and the name and address of Until any penalty is paid, a lien on other person who bore the burden of the each buyer need not be shown but in the crop of peanuts with respect to which payment of any penalty may request the lieu thereof the place of marketing shall such penalty is incurred, and on any return of the amount of such penalty be shown. subsequent crop of peanuts subject to which is in excess of the amount required (b) Failure to file any report of the marketing quotas in which the person under this subpart. Such request shaU be marketing of green peanuts as required liable for payment of the penalty has an filed with the county ASCS office within by this section, or the filing of a report interest, sball be in effect in favor of the 2 years after the payment of the penalty. which the county committee finds to be United States. Such lien on the current No refund shall be made solely because incomplete or inaccurate shall constitute crop and as to subseqiuent crops takes of peanuts kept on the farm for seed or failure to account for the disposition of precedence as of the time the debt se- for home consumption. the peanuts produced on the acreage in- cured is entered on a county debt record (b) The county executive director volved and such acreage shall not be in the county ASCS office, for the county shall review each case where the mini- deducted in determining the final acre- in which the subsequent crop is grown. mum converted penalty rate (one-tenth age for the farm. Each ASCS office shall maintain a list of a cent) was used on an excess penalty card to determine § 729.54 Report of peanuts marketed to of such liens on subsequent crops which those cases where the persons who are not estalished have been entered on the county debt computed converted penalty rate was lezs buyem.- record, which list shall be available for than one-tenth of a cent but was rounded examination upon upward because of the rule of fractions. (a) If peanuts are marketed to per- written request by an sons other than established peanut interested person. For such cases, the county executive di- rector shall recompute the amount of buyers (see § 729.46(b)), the operator of ExEMTioNs FROM AND REFMM OP penalty for the farm by multiplying the the farm shall be responsible for mak- MAsRnKIO PENALTIES total pounds of peanuts marketed from ing a report of such marketings. The § 729.49 Peanuts grown for cxperimcn- the farm by the percent excezs by the written report shall be filed with the taI purposes. basic penalty rate. If the penalty for the county comminttee not later than 15 days farm has already been collected and such after the marketing of peanuts is gen- No penalty shall be collected on the amount exceeds the revised amount of erally complete in the area. The rep rt marketings of any peanuts which are penalty computed for the farm, a re- shall show for the farm: grown only for experimental purposes on (1) The final peanut acreage; land owned or fund may be made to the producer in ac- leased by a publicly owned cordance with this section. (2) The type and quantity of peanuts agricultural experimenfal station and in each lot marketed hnd the date of produced at public expense by employees REPORTS REQUIRED Or PRODUCERS marketing; of the experiment station, or peanuts § 729.52 Report on marketing card. (3) The name and address of the produced by farmers for experimental Each marketing card issued with re- buyer to or through whom each lot of purposes pursuant to an agreement with Peanuts was marketed: ,Provided, That a publicly owned experiment station: spect to a farm on which peanuts are produced shall be returned to the county where peanuts are marketed by the pro- Provided, That the director of the pub- ducer In licly ASCS office as soon as marketings from small lots directly to consumers, owned agricultural experiment sta- such as in the case of local street sales, tion furnishes the State executive di- the farm are completed or at such earlier time as the county executive director the report may be made as either a rector a list by counties showing the fol- daily or a weekly summary of the quan- lowing information for farms in the State may request. Failure to so return a mar- keting card shall constitute failure to ac- tity so marketed and the name and ad- on which peanuts are grown for experi- dress of each buyer need not be shown rtiental purposes only: count for disposition of peanuts marketed from the farm in the event but In lieu thereof the place of market- (a) Name and address of the publicly that an ac- inashall be shown. owned experiment station; count, satisfactory to the county com- mittee, of such disposition is not fur- (b) Failure to file any report of mar- (b) Name of the owner, and name of keting of peanuts to persons other than the operator if different.from the owner, nished otherwise. of established buyers, or the tiling of a re- each farm in the State on which pea- §729.53 Report of marketing green port which the county committee finds nuts are grown for experimental pur- peanuts. to be incomplete or inaccurate, shall con- poses only; stitute failure to account for the dis- (c) The acreage of peanuts grown on (a) The operator of each farm from which green peanuts are marketed shall, position of the peanuts produced on the each "farm for experimental purposes farm. only; and within 15 days after the marketing of (d) A signed statement that such green peanuts is generally complete in § 729.55 County administrative hearing acreage of peanuts was grown on each the county, and at such other date(s) as in connection with violations. may be requested by the county execu- farm for experimental purposes only, was The farm operator involved shall be necessary for carrying out experimenta- tive director, file with the county com- mittee a written report containing a notified in writing by the countyexecu- tion, and the peanuts were produced tive director of the time and place for under the direction of representatives of record of the peanuts marketed from the farm before drying or removal of mois- any hearing concerning a violation and the publicly owned agricultural experi- the nature of the violation. The ment station. ture by natural or artificial meas for farm consumption exclusively as boiled pea- operator shall be requested to bring to § 729.50 Seed shelling fall through. nuts. Such written report shall show for the hearing relevant Supporting docu- the farm: ments. At least two members of the The marketing penalty provided by county committee this subpart shall not apply to the (1) The number of acres on the shall be present at the farm hearing. Such hearing shall be held be- shriveled, damaged, split, and broken planted to peanuts; fore an kernels which fall through allotment for the farm is re- the screen in (2) The acreage on the farm from duced, except in the case of failure to the process of shelling farmers stock which peanuts were marketed as green return marketing card. peanuts for use by the producer as seed peanuts; in the following year, provided the (3) The name § 729.56 Report of production and and address of the disposition. quantity of peanuts shelled by or for the buyer to or through whom each lot of producer is not in excess of the seed green peanuts was marketed, the type (a) In addition to any other reports requirements for his farm as determinedI and quantity in each lot marketed and which may be required under this sub- by the county executive director. the date marketed: Provided,That where part, the operator on each farm, or any § 729.51 Refund of penalties. green peanuts are marketed by the pro- producer on the farm- (even though the ducer in small lots direct to consumers, farm has no excess acreage) shall, upon (a) After the marketing of peanuts such as in the case from of local street mles, written request by certified mai from a farm has been completed and the the report may be made as either a daily the State executive director within 15 disposition of all peanuts produced on the or weekly summary of the quantity so days after deposit of such request in the

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 '2656 RULES AND REGULATIONS

U.S. mail, addressed to such person at report each purchase of farmers stock ASCS office In addition to the foregolnu, his last known address, furnish the State peanuts from producers in accordance as the State committee may find necc:- committee a report on MQ-98, Report of with this section. Records required by sary and require to insure the proper Production and Disposition. Such report § 729.57 may be maintained on copies of Identification of the marketing of pea- shall show for the farm: sales memoranda or other documents nuts and the collection of penalties duo (1) The final acreage; used by the buyer in the conduct of his thereon. (2) The total production of peanuts; business. (3) The name and address of the (1) "Form MQ-94 Peanuts," may be RECORD AND REPORT OF A14D PUALTY Oil buyer to or through whom each lot of used by buyers to record purchases of PEANUTS SHELLED ron PRODUOrEs peanuts was marketed, the number of farmers stock peanuts which have been § 729.62 Record of shclling. pounds marketed in each lot, and the inspected by the Inspection Service. Buy- Any person who shells peanuts for a date marketed: Provided, That where ers are not required to send a copy of producer shall maintain records of thi peanuts are marketed in small lots to MQ-94 Peanuts to the State ASCS office shelling of each lot of peanuts showingr numerous persons who are not estab- or to the Inspection Service. the following Information. Form MQ-70 lished buyers of peanuts (see § 729.46 (2) "Form MQ-70 Peanuts" (i) may Peanuts or the seed sheller's own form (b)), the report may be made as either be used by buyers to record and report may be used for this purpose: a daily or weekly summary of the num- purchases of farmers stock peanuts (a) The date the peanuts were shelled; ber of pounds marketed and the name which are not inspected by the Inspec- (b) The name and address of the pro- and address of the buyer(s) need not be tion Service, (ii) shall be used to record ducer for whom the peanuts were shown but in lieu thereof the place of and report purchases of farmers stock shelled, marketing shall be shown; and peanuts which are not identified by valid (c) The name of the State and county marketing cards, and (ii) shall be used wherein is located the form on which the (4) The quantity and disposition of peanuts were produced; peanuts not marketed. to report to the State ASCS office the (b) Failure to file the MQ-98 as re- correction of errors. (d) The quantity of peanuts, farmero quested, the filing of a false MQ-98 (3) "Excess Penalty Memoranda," stock basis, shelled for the producer; and which is found by the State committee which are attached to each excess pen- (e) If any quantity of shelled peanutt. to be incomplete or incorrect, shall con- alty card, shall be used to report to the is retained by the sheller other than those stitute failure of the producer to ac- State ASCS office data with respect to covered in § 729.50 and the quantity re- count for disposition of peanuts pro- the purchase of peanuts which are iden- turned to the producer. duced on the farm. tified by an excess penalty Card. Such GENERAL REQuIrEMENTS RELATIVr TO memoranda, along with a remittance Knpnua REcoRDS RECORDS AND REPORTS REQTIRED OF covering the penalty due on purchases of BuYERs AM OrT-Rs excess peanuts, shall be forwarded to the § 729.63 Persons engaged in more 1ita § 729.57 Records required on purchases State ASCS office by means of Form one business. and resales, MQ-80 Peanuts, "Buyer's Transmittal of Any person who Is required under this (a) Purchases. Each buyer, exclud- Sales Memoranda and Marketing Pen- subpart to keep any record or make any ing persons who are not established buy- alty," not later than the end of the sec- report as a buyer, processor, or other ers (§ 729.46b)), shall keep such rec- ond week following the week in which the person engaged in the business of shell- ords as will enable him to furnish the peanuts were marketed. ing or crushing peanuts, and who Is en- State ASCS office the following informa- (4) Buyer's own form may be used to gaged in more than one such busines tion with respect to each lot of peanuts record or to report data with respect to shall keep such records as will enable him marketed to or through him by a the purchase of any peanuts (except pea- to make the required reports separately producer: nuts which are identified by a peanut ex- for each such business. (1) Serial number of the marketing cess penalty marketing card, or peanuts which are not identified by a valid mar- § 729.64 Penalty for failure to keep rec- card presented by the producer to iden- ords and make reports. tify each marketing; keting card) provided such form is seri- (2) Name of the seller; ally numbered and is executed to show Any person who dries farmers stock (3) Date of marketing; the required data. peanuts by artificial means for a pro- -(4) Number of pounds marketed; (5) The Inspection Service copy of ducer, any buyer, warehouseman, proces- (5) Type of peanuts; Form MQ--70 Peanuts or a copy of the sor, or common carrier of peanuts, any (6) Amount of any penalty due and buyer's own form executed in connec- broker or dealer in peanuts, any agency the amount of any deduction for penalty tion with the purchase of peanuts which marketing peanuts for a buyer or dealor, from the amount paid the producer. are not inspected by the Inspection any peanut growers cooperative assoola- (b) Resales. Each buyer, excluding Service, shall be transmitted to the In- tion, any person engaged in the business persons who are not established buyers spection Service. This may be done by of cleaning, shelling, crushing, or salting (§ 729.46(b)), who resells farmers stock delivering the forms direct to an In- peanuts, or manufacturing peanut prod- peanuts shall keep such records as will spection Service employee at the buying ucts, or any person owning or operating enable him to certify, in connection with point or by mailing the form daily to the a peanut-picking or peanut-threshing each resale of farmers stock peanuts that Inspection Service Officer serving the machine, who fails to make any report or any marketing penalty due when the State in which the buyer's business is keep any record as required under this peanuts were purchased from producers located. subpart or who makes any false report was collected and remitted. The buyer's (6) The original of each "Form MQ-- or record shall be deemed guilty of a records shall also show the name and 70 Peanuts" executed for purchases of misdemeanor and upon conviction address of each person or firm to whom peanuts which are not identified by valid thereof shall be subject to a fine of not a resale was made. marketing cards shall be transmitted to more than $500 as provided by section 373(a) of the act. § 729.58 Recording and reporting pur- the State ASCS office along with a re- chases of farmers stock peanuts. mittance for penalty as provided in sub- § 729.65 Examination of records and paragraph (3) of this paragraph. (a) Recording purchase on producers reports. marketing card. Each marketing of pea- § 729.59 Recording and reporting pur- The Deputy Administrator, the Di- nuts from a farm shall be recorded by chases of shelled peanuts from rector, Commodity Stabilization Division, the buyer or his representative on a mar- producers. the State executive director or any per- keting card issued for the farm on which Each buyer, excluding persons who are son authorized by any one of such per- the peanuts were produced, if such mar- not established buyers (§ 729.46(b)), sons, and any auditor or agent of the keting cardis presented by the producer. shall record and report each purchase Office of the Inspector General is author- (b) Forms to use. Each buyer, exclud- of shelled peanuts (excluding shelled ized to examine any records pertinent to ing persons who are not established peanuts described in § 729.50) and col- the peanut allotment and marketIng buyers (§ 729.46(b)), shall record and lect and furnish such reports to the State quota program. Upon request from any

FEDERAL REGISTER, VOL 37, NO. 24---FRIDAY, FEBRUARY 4, 1972 RULES AND REGULATIONS M67

such person, any person who dries farm- from a farm owned by him to another. than April 1 in the year the transfer is to ers stock peanuts by artificial means for farm in the same county owned or con- take effect. This final date may be em- a producer, any buyer, warehouseman, trolled by him. The receiving farm need tended by the State committee, with the processor, or common carrier of peanuts, not be an old farm but the total allot- approval of the Deputy Administrator, to any broker or dealer in peanuts, any ment transferred to the receiving farm in a date not later than the close of the agent marketing peanuts for a producer the case of transfers by owner on a per- normal planting period for the Statp or or acquiring peanuts for a buyer or manent or temporary basis, shall not area. The State committee may authorize dealer, any peanut -growers cooperative exceed 50 acres. the acceptance of a late-filed record in association, any person engaged in the § 729.69 Terms and conditions applica- cases where the State committee deter- business of cleaning, shelling, crushing or ble to transfers under section 358a mines that the late-filing resulted from salting peanuts or manufacturing peanut of the act. a reasonable misunderstanding by the products, or any person owning or oper- applicant of the filing requirements. ating a peanut-picking or peanut- (a) Persons eligible to file a record of (c) Where to file record of transfers. threshing machine, shall make available transfer-(C) Sale or lease. The owner Record of transfers shall be filed with the for examination such books, papers, rec- and operator of any old farm as defined county committee of the county where ords, accounts, correspondence, con- in § 729.6 for which a peanut farm allot- the farm is administratively located. tracts, documents, and memoranda as ment is or will be established for the year (d) Maximum period of transfer by are under his control which any person in which the transfer by sale or lease is lease or by owener on a temporary basis. hereby authorized to examine records to take effect shall be eligible to file a No record of transfer by lease or by has reason to believe are relevant to any record of transfer for sale or lease of all owner on a temporary basis shall be for matter imder investigation in connection or any part of such allotment to any a period of years in excess of 5 years. with enforcement of the act and this other owner or operator of a farm In the (e)Productivity adjustments-() subpart. same county. The receiving farm need Reduction in farm allotments being not be an old farm. If the owner and transferred.The county committee shall § 729.66 Length of time records and re- operator of the farm from ports shall he kept. which trans- determine a normal yield per acre, in fer by sale or lease is to be made are dif- accordance with the provisions of § 729.- Records required to be kept and copies ferent persons, both such persons shall 42, for each farm from which, and for of reports required to be made by any execute the record of transfer; however, each farm to which, a peanut acreage al- person in accordance with this subpart only the owner or operator of the receiv- lotment or any part thereof is trans- shall be kept by him until 3 years follow- ing farm is required to sign the transfer. ferred. If the normal yield for the farm ing the end of the marketing year per- A county committee member or employee to which transfer is made for the year taining to such records and reports. Rec- must witness the signature of either the the transfer is to take effect exceeds the ords shall be kept for such longer period owner or operator of the transferring normal yield for the farm from which the of time as may be requested in writing farm and the owner or operator of the transfer Is made for the year the transfer by the Director, Commodity Stabiliza- receiving farm. If such signatures can- is to take effect by more than 10 percent, tion Division, or the State executive not be witnessed in the county office the allotment so transferred shall be re- director. where the farm is administratively lo- duced for differences in farm produc- § 729.67 Information confidential. cated, they may be witnessed in any tivity. The county committee shall de- county office convenient to the owner or termine the amount of allotment to be All data reported to or as required by operator's residence. The requirement transferred by sale, lease, and by owner, §§'729.29 through 729.66 shall be kept that signatures be witnesed for pro- confidential by all officers where productivity adjustment is re- and employees ducers who are Ill. infirm, reside in dis- quired under this paragraph as follows: of the U.S. Department of Agriculture, by tant areas, or other similar hardship (1) Multiply the normal yield established all employees of the Inspection Service cases may be met by mall, provided a for the farm from which the allotment is and by all members and employees of verbal request is made by the producer. being transferred by the acreage being State or county committee, and only In the case of a permanent transfer, such such data so reported or requirdd as transferred, then (ii) divide the result by the request must be accompanied by a state- the normal yield established for the farm Deputy Administrator deems relevant ment signed by all parties to the trans- shall be' disclosed by them and to which the allotment is transferred. then only action confirming that the sale has been The amount of allotment so transferred in a suit or administrative hearing made. under title III of the act. from a farm shall be the full amount and (2) By owner. The owner,of any old the amount of allotment so transferred TRANsFERs OF FARx ALLOTMENTS farm as defined in § 729.6 for which a to a farm shall be the reduced amount. peanut farm allotment is or will be estab- In the case of temporary transfers of al- § 729.68 Authorization of and general lished for the year In which the transfer explanation of transfers of farm lotment for 1 or more years by lease or by 3 5 8 is to take effect is eligible to file a record owner, the productivity adjustment and allotments under section a of the of transfer to transfer such allotment act. amount of allotment so transferred shall from the farm to another farm in the be redetermined by the county committee (a) Authorization of transfers. It is same county owned or controlled by such each year the transfer remaiii in effect. hereby determined and found that trans- owner. The county committee shall ap- (2) Downward allotment adjustment fers of peanut acreage allotments in ac- prove a transfer under this subparagraph because of irrigation.If the county com- cordance with the provisions of section requested on a nonpermanent basis to a mittee so determines, in the event an 358a of the act will not impair the ef- farm controlled but not owned by the allotment is transferred to a farm which fective operation of the peanut market- applicant only if such applicant will be at the time of such transfer is not irri- ing quota or price support programs. Ac- the operator of the farm to which trans- gated, but within 5 years subsequent to cordingly, such transfers of allotment fer is to be made for each of the years such transfer is placed under irrigation, it shall be permitted in accordance with the for which the transfer Is requested. How- shall make an annual downward adjust- provisions of this section and § 729.69. ever, if the county committee determines ment in the allotment so transferred by (b) General explanation. Three types that the applicant Is prevented from re- multiplying the normal yield established of transfers of farm allotments within maining the dperator of such farm for for the farm from which the allotment is the same county are permitted in accord- which such transfer has been approved transferred and dividing the result by the ance with the terms and conditions in due to conditions beyond his control, the actual yield per acre for the previous § 729.69. Transfer by sale would be per- transfer shall remain in effect. Condi- year, adjusted for abnormal weather con- manent transfers of allotment and re- tions beyond his control shall include, ditions, on the farm to which the allot- lated acreage history and marketing but are not limited to death, illness, mentis transferred. quota. Transfers by lease would be tem- incompetency, or bankruptcy of such porary for the term of the lease not to person. (3) No reduction in national or State exceed 5 years. Transfers allotmnent. The adjustment made in any by owner on (b) Filing record of transfer. Form peanut allotment because of the transfer a permanent basis or on a temporary ASCS--375 '"ecord of Transfer of Allot- to a higher producing farm shall not re- basis not to exceed 5 years would be made ment or QuotW" shall be filed not later duce or increase the size of any future

FEDERAL REGISTER, VOL. 37, NO. 24--FRIDAY, FEBRUARY 4, 1972 2658 RULES AND REGULATIONS

national or State allotment and an acre- (2) On a temporary basis for a term of (s) Federally owned land. No trawsf.r age equal to the total of all such adjust- years not to exceed the remaining num- by sale or lease of peanut farm allotment ments shall not be allotted to any other ber of crop years of such 3-year period. shall be made from any land owned by farms. (k) Consent of lienholder. No trans- the United States, or any agency or in- (4) Adjustment in farm history acre- fer of allotment shall be made from a strumentality wholly owned by the age. The farm history acreage for the farm subject to a mortgage or other lien United States. immediately preceding 3 years on farms unless the transfer is agreed to in writ- (t) Acreage apportioned to frmrs for from which and to which permanent ing by the lienholder. types in short supply. Acreage appor- -transfers of allotment are made shall be (1) New farm eligibility. Any farm tioned to farms for types In short supply adjusted by the county committee for from which the entire farm allotment is pursuant to § 729.24 shall not be trans- each of the base years to correspond with transferred shall not be eligible for a new ferred by sale or by owner on a perma- the amount of allotment transferred be- farin peanut allotment during the 5 years nent basis but such acreage may be tween the farms. In the case of tempo- following the year in which such transfer transferred by lease or by owner for the rary transfers of allotment for 1 or more is made. current year only. Applications for trans- years by lease or by owner, there shall be (in) Farmsin conservation programs. fer of all or part of the effective allot- no reduction in farm history acreage on Transfers from a farm covered by a con- ment under this paragraph shall be filed the farm from which the transfer is servation reserve contract, cropland con- during the period prescribed under para- made and no farm history acreage shall version agreement, cropland adjustment graph (b) of this section except that the be transferred to the receiving farm. agreement, or other similar land utiliza- closing date for such filing shall be the (f) Sale or lease transfers-limit on tion agreement shall be made subject to later of (1) the closing date prescribed amount of acreage transferred.The total an appropriate adjustment but no ad- under paragraph (b) of this section, or peanut allotment transferred by sale or justment shall be made in such contract (2) 15 days after the date of mailing of lease, or both, to any farm shall not ex- or agreement on the farm to which a notice of additional acreage allotment ceed the smaller of: transfer is made. under § 729.24. (1) The cropland on the farm minus (n) Subleasing prohibited. No trans- (u) County committee action-A() the peanut allotment; or fer by lease shall be made from a farm Approval of transfers. The county com- receiving allotnient under a transfer by The cropland on the farm for the cur- lease for the term of the latter lease. mittee shall approve transfers of allot- The ropandonhe frm or he ur- (o) Limitation on transfers to and ment only If It determines that a timely rent year for purposes of such transfers from a farm in the same year. No trans- filed record has been received and that shall bG the total cropland as defined in frof allotment fany year s the transfer compliez with the require- Part 719 of this chapter. If the farm to fer of allotment for any year shal be ments of this section. No transfers shall which allotment is to be transferred is made: be effective until approval as provided made up of two or more separately owned (1) 7'rom a farm receiving allotment under this paragraph is obtained. tracts, each separately owned tract shall by transfer for such year; or (2) Notice of revised allotments. The be considered a farm for the purpose of (2) To a farm which had allotment county committee shall issue revised no- applying the limitations under this para- transferred from itfor such year. tices of farm allotment for each farm graph. In the case of farms consisting of (p) Transfer of acreage history and affected by the transfer of allotment. separately owned tracts, such tracts shall marketing quota. Transfer of allotment (3) Cancellation of transfers. Any not be considered a farm for purposes of on a permanent basis shall have the ef- transfer approved on the basis of incor- computing the 50-acre limitation in any fect of transferring the acreage history rect information furnished by the par- case whee te cnt cmmi , with and marketing quota case whrevalth....e prnty ttee allotment and in the caseattributable of a temporary to such ties to the transfer agreement or ap- the approval of a representative of the trnserwhchha. ep.ed.te. ras proved due to error by the county com- State committee, determines that an rranser wmcn as expre o, e trans- mittee shall be canceled as of the date ovmer of a tract has an ownership inter- ferred allotment shall be considered for of approval. However, such cancellation est in one or more of the other tracts by purposes of establishing future allot- shall not be effective for the current reason of ownership of stock in a corpo- ments to have been planted on the farm marketing year if: rate owner of such'other tract, or by rea- from which such allotment was (1) The transfer approval was made son of membership as a partner in a transferred. on the basis of incorrect information partnership owner of such other tract, or (q)Liability of operatorsof farms re- unknowingly furnished in good faith by the owner of a tract is a member of the ceiving transferred acreageby lease. The the parties to the transfer agreement, or same fanily living in the some household acreage allotment for a farm determined the transfer approval was made in error and the other tract is owned by another after transfer by lease shall be the allot- by the county committee, and member of such family. ment for such farm for the current year (i) The parties to the transfer agree- only for the purposes of determining: ment were not notified of the cancella- (g) No transfer of reapportionedacre- (1) Excess acreage; tion prior to planting of the crop. age. No transfer of allotment shall be (2) The amount of penalty to be col- made of allotment reapportioned to a lected on marketings of excess peanuts; Where cancellation of a transfer is re- farm. (3) Eligibility for price support; and quired, the county committee shall Issue (h) No transfer of new farm allot- (4) The farm marketing quota and revised notices of allotment showing the ment. No transfer of allotment shall be the percentage reduction of a violation reasons for cancellation. made from a farm which received a new in the allotment for the farm (see (4) Withdrawal or minor revisionm, farm allotment in the current year or § 729.21). Such percentage reduction Where the county committee determine,, within the three immediately preceding determined as applicable when the viola- that it is clearly in the best ntercot of crop years. tion occurred shall be applied to the al- all the producers and that effective oper- (i) No permanent transfers by sale or lotment being reduced prior to any trans- ation of the program will not be im- by owner from farms to which transfer fer of allotment by lease. paired, the county committee may per- by sale or by owner within 3 years. No (r) Farm in violation. The maximum mit withdrawal or minor revisions of permanent transfer by sale or by owner acreage-that can be transferred from a' tfansfers upon written request by all shall be made from any farm to which farm is the effective allotment for the parties to the transfer: Provided, That, allotment was transferred by sale or by current year. If a violation on the trans- (I) Temporary transfers may be with- owner within the three immediately ferring farm is determined after the drawn or revised during any year of the preceding crop years. transfer but the operator of the receiving agreement before peanut, are planted, (j) Transfer of pooled allotments. Al- farm was not involved in the violation, and (it) permanent transfers may be lotments established for a farm as pooled the allotment so transferred shall not be withdrawn or revised only during the allotment under Part 719 of this chapter subject to a reduction: Provided, That if first year of the agreement before pea- may be transferred: the transfer was by lease, when the allot- nuts are planted. (1) On a permanent basis during the ment is restored to the transferring farm Nor=: The recordkeeplng and reporting 3-year life of the pooled allotment, or. the allotment reduction shall be effected. requirements of theze regulations have boon

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 RULES AND REGULATIONS 2659

.approved by, and subsequent reporting re- caused a significant reduction in the In column (1) and the amounts of such quirements will be subject to the approval price of raw sugar. quotas for offshore areas that may be of the Office of Management and Budget For the 7 consecutive market days filled by direct-consumption sugar are in accordance with the Federal Reports Act ended January 13, 1972, the average established, pursuant to section 20T of of 1942. price wts 9.22 cents per pound or about the Act, in column (2) as follows: Effective date: Upon publication' in 6 per centum above the price objective of the FEDERAL REGISTER (2-4-72). the Act. Therefore, sugar requirements Direct. Jan- were adjusted upward by an additional Ar 1xi Co'-unLatimft Signed at Washington, D.C., on 200,000 tons to reduce sugar prices as re- uary 31, 1972. (-) KEHEErH E. FaRcR, quired by the Act. (1) Administrator,Agricultu:ral Sta- For the 7 consecutive market days ended January 24, the simple average of (-hsrt ton, ra va~w) bilization and- Conservation the daily price of raw sugar was 9.04 Service. C0iO33 Nollmit cents per pound and thus more than 3 ifi~ta ova------1, 2u, Coo &,Ca [FR Doc.72"-1661 Filed 2-3-72;8:48 am] per centum above the average price ob- ruarto R:-..-...... - o, ,C,) jective of 8.75 cents per pound. There- fore, an additional upward adjustment Chapter Vii-Agricultural (21 It is hereby determined pursuant Stabiliza- in requirements is considered appropri- to section 204(a) of the Act that for the tion and Conservation Service ate at this time to meet the requirements calendar year 1972 the Domestic Beet (Sugar), Department of Agriculture of the Act. Sugar Area and Puerto Rico will be un- An increase in requirements of 100,000 SUBCHAPTER B-SUGAR REQUIREMENTS AND able by 239,667 and 550,000 short tons, QUOTAS short tons, raw value, is necessary to raw value, respectively, to fill the quotas obtain the price objective set forth in the established for such areas in subpara- [Sugar Reg. 811, Aindt. 51 Act. graph (1) of this paragraph. Pursuant PART 811-CONTINENTAL SUGAR Accordingly, total sugar requirements to section 204(b) of the Act the deter- for the calendar year 1972 are hereby In- REQUIREMENTS AND AREA QUOTAS mination of such deficits shall not affect creased by 100,000 short tons, raw value, the quotas established in subparagraph Requirements, Quotas, and Quota to a total of 11.9 million short tons, raw (1) of this paragraph. value. Deficits for 1972 Section 204(a) of the Act provides Basis and purpose and bases and con- that the Secretary shall from time to 3. Section 811.12 is amended by revis- siderations. This amendment is issued time determine whether any area or ing paragraph (a) to read as follows: pursuant to the authority vested in the country will be unable to fill Its quota §011.12 Proration and allocation of Secretary of Agriculture by the Sugar or proration of a quota. dcficits in quotas. Act of 1948, as amended (61 Stat. 922, as It was determined in amendment 2 of amended), hereinafter referred to as the this Sugar Regulation 811 that the (a) Of the domestic deficits deter- "Act." The purpose of this amendment Domestic Beet Sugar Area would be un- mined In § 811.11(a) (2). totaling 789,667 to Sugar Regulation 811, as amended, is able to market in 1972 sugar in excess short tons, raw value, a quantity of to revise the determination of sugar re- of '3,500,000 short tons, raw value. In '742,000 tons representing deficits in the quirements for the calendar year 1972, previous amendments deficits have been quotas of the Domestic Beet Sugar Area establish quotas and prorations consist- determined in the quota for the Beet and Puerto Rico of 192,000 and 550,000 ent with such requirements and to de- area of 192,000 tons representing the tons, respectively, were previously deter- termine and prorate or allocate the deft- amount its quota exceeded 3,500,000 mined, allocated and prorated in this cits in quotas established pursuant to tons. Since this regulation increases the Part 811. An additional deficit is herein the Act. quota for that area by 47,667 tons an determined in the quota for the Domestic Section 201(a) of the Act requires a additional deficit is herein determined in Beet Area of 47,667 short tons, raw value, determination of the amount of sugar the 1972 quota for the Domestic Beet and is herein prorated and allocated pur- needed to meet the requirements of con- Sugar Area of 47,667 short tons, raw suant to section 204(a) of the Act, by suimers in the continental United States value. If production exceeds the present allocating 30.08 percent or 14,338 short whenever necessary to attain the price estimates for the Domestic Beet Area, tons, raw value, to the Republic of the objective set forth in section 201(b) of the marketing oppoltunites for that area Philippines and by prorating the remain- the Act. within the total quota for that area will ing 33,329 short tons, raw value, to West- Section 202(g) (3) of the Act, which not be limited as a result of the deficit em Hemisphere countries on the basis of sets forth the procedure to use in at- determination and proration provided quotas determined herein pursuant to taining such price objective, provides herein. section 202 of the Act. that whenever the simple average of By virtue of the authority vested in prices of raw sugar for 17 consecutive the Secretary of Agriculture by the Act, 4. Section 811.13 is amended by revis- market days ending after October 31 Part 811 of this chapter Is hereby ing paragraphs (b) and (c) to read as and before March 1 is 3 per centum or amended by amending §§ 811.10, 811.11, follows: more above or below the average price 811.12, and 811.13 as follows: objective for the preceding 2 calendar 1. Section 811.10 is revised to read as § 811.13 Quotas for foreign countries. months, the determination of require- follows: ments of consumers shall be adjusted to (b) For the calendar year 1972, the the extent necessary to attain such price § 811.10 Sugar requirements, 1972. quota for the Republic of the Philip- objective. The amount of sugar needed to meet pines is 1,363,552 short tons, raw value, For the 7 consecutive market days the requirements of consumers in the representing 1,126,020 short tons, estab- ended January 4, 1972, the average price continental United States for the cal- lished pursuant to section 202 of the Act of raw sugar increased to 8.99 cents per endar year 1972 is hereby determined to and 237,552 short tons established pur- pound which exceeded the price objec- be 11,900,000 short tons, raw value. suant to section 204 of the Act. Of the tive of 8.72 cents per pound by 3.1 per 2. Section 811.11 is amended by revis- quantity of 1,126,020 short tons estab- centum. Accordingly, on January 5, 1972 ing paragraph (a) to read as follows: lished pursuant to section 202 of the Act, the Department announced, an increase only 59,920 short tons, raw value, may in continental sugar requirements of § 811.11 Quotas for domestic areas. be filled by direct-consumption sugar 400,000 tons in order to curtail increas- (a) (1) For the calendar year 1972 do- pursuant to section 207(d) of the Act. ing raw sugar prices. On January 11, mestic area quotas limiting the quanti- 1972 the Department announced the ties of sugar which may be brought into (c) For the calendar year 1972, the removal of limitations on raw sugar im- or marketed for consumption in the con- prorations to individual foreign coun- ports during the remainder of the first tinental United States are established, tries other than the Republic of the quarter of 1972. Neither of these actions pursuant to section 202(a) of the Act, Philippines pursuant to section 202 of

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 2660 RULES AND REGULATONS the Act are shown in columns (1) and column (3). New deficit prorations estab- the degree of similarity in quality char- (2) of the following table. Deficit pro- lished herein are shown in column (4). acteristics between Murcott Honey rations previously established in this Total quotas and prorations are shown oranges and tangerines, and is compa- Sugar Regulation § 811.13 are shown In in column (5). rable to quality requirements currently applicable to the supply of Murcott Temporary quotas and Honey oranges grown In Florida. Previous New Total (3) It Is hereby further found that it Countries Basle quotas prorations deficit deficit quotas and pursuant to prorations prorations prorations is impracticable and contrary to the 5ec. 202(d) public interest to give preliminary notice, engage in public rule making procedure, (1) (2) (3) (4) (5) and postpone the effective date of this amendment until 30 days after publica- (Short tons, raw value) Dominican Republic ------426,189 143,832 109,163 7,014 63, 203 tion in the FrDErAL REGISTa (S U.S.C. ldeoxcO ...... Z-...... 376,911 127, 202 06, 546 G, 202 606,861 553) because the time intervening be- lraziL ...... 367, &43 124,055 94,163 6 049 691,850 cr...... 263,038 83,771 67,377 4,329 423,515 tween the date when information upon West Indies ...... 137,179 46,298 30,139 2,2Z7 220,871 which this amendment is based became Ecaor ------4,----272 18,316 13,002 893 87,3 available and the time when this amend- Argentina ...... -- 50,943 17,192 13,049 833 S2,022 Costs Rica...... 45,940 15,507 11,770 750 73,931 ment must become effective in order to Colombia ...... 45,233 15,202 11,6 9 745 72,609 effectuate the declared policy of the act P'anana. 23,302 9,551 7,249 460 40,83 Nicaragua------42,952 14,495 11,002 - 707 69,1r0 is insufficient; and this amendment rO- Venezuela ------40,954 13,821 10,490 674 65,939 lieves restrictions on the handling of Guatemala ------39,289 13, 289 10, 004 GG 63, 263 EI Salvador------28,635 9,64 7,335 471 46.105 Murcott Honey oranges grown In Florida. British Honduras ...... - 22, 61 7, 641 5,8 372 30,45 Order. The provisions of paragraph Haiti ------20,644 0,967 5,203 340 33,239 (a) (7) and (8) and paragraph (0) of Bahamas ------17,980 6,063 4,605 297 23.980 Iondurso ------7,991 2,697 2, 047 131 12, 8G3 § 905.536 (Orange Regulation 69; 30 FR. Bolivia ------4,323 1,461 1,109 71 6, 669 20215, 22054, 22666, 23353, 23617, 23575, Praguay------4,=32 1,461 1,109 71 6,969 Australia ------167,146 42,002 ------20,148 25401) are amended to read as follows: R eI ublic of C hina ...... 69, 5 9 17,487 ------87,076 § 905.536 Orange Regulation 69. India------South Africa ------47,66, 925 16,818 ------83, 743 230 11, 831 ------59,161 Fiji Islands ------...... 20, 625 9, 204 ...... 45,829 (a) * * * lauritius------24,639 6,191 ------... ------.... 30,839 Swaziland ------24,639 6,191 ------30,830 (7) Any Murcott Honey oranges, grown Thailand ------15,316 3,849 ------.. ----- 19,165 in the production area, which do not Uganda ------.------12, 319 3,096 ------15,415 ialagasy Republic ------9,689 2,510 ------12,499 grade at least Florida No. 1 grade for Ireland ------5,351 ------.------5,351 murcotts; Total ------2,505,213 602,767 513s06 33,329 3, 86,115 (8) Any Murcott Honey oranges, grown in the production area, which are of a Irroration of the quotas withheld from Cuba and Sou them Rhodesia. size smaller than 2,1( inches in diameter, except that a tolerance of 10 percent., by Chapter IX-Consumer and Marketing count, of Murcott Honey oranges tsmaller (Sec. 201, 202, 204, and 403; 61 Stat. 923, as Service (Marketing Agreements and than such minimum diameter shall be amended, 924, as amended, 925, as ameded, Orders; Fruits, Vegetables, Nuts), permitted, which tolerance shall bo ap- 932; and 7 U.S.C. 1111, 1112, 1114, and 1153) Department of Agriculture plied in accordance with the provilions This for the application of tolerances specified fectve date. action increases [Orage of Ac tre in the regulations of the Florida CItrin quotas for the calendar year 1972 by69 Amdt7 Commission. 100,000 tons, determines an additional PART 905-ORANGES, GRAPEFRUIT, deficit in quotas of 47,667 tons and pro- TANGERINES, AND TANGELOS (c) Terms used in the amended mar- rates and allocates such deficit to the GROWN IN FLORIDA keting agreement and order shall, when Philippines and Western Hemisphere Limitation of 'Shipments used herein, have the same meaning as quota countries. In order to promote given to the respective terms n said orderly marketing, itis essential that this Findings. (1) Pursuant to the market- amended marketing agreement and or- ing agreement, as amended, and Order der; Florida No. 1 grade for oranges and amendment be effective immediately so No. 905, as amended (7 CFM Part 905), that all persons selling and purchasing regulating the handling of oranges, Florida No. I grade for murcotts shall sugar for consumption in the continental grapefruit, tangerines, and tangelos have the same meanings as provided in United States can promptly plan and grown in Florida, effective under the ap- section (1) (a) and (b), respectively, of market under the changed marketing plicable provisions of the Agricultural Regulation 105-1.02, as amended, effec- opportunities. Therefore, it is hereby Marketing Agreement Act of 1937, as tive January 19, 1972, of the regulations entamended (7 U.S.C. 601-674), and upon of the Florida Citrus Commission, and all determined and found that compliance the basis of the recommendations of the with the notice, procedure, and effective committees established under the afore- other terms relating to grade and diam- date requirements of 5 U.S.C. 553 is un- said amended marketing agreement and eter, as used herein, shall have the necessary, impracticable, and contrary to order, and upon other available infor- same meanings as given to the respectivo the public interest and this amendment mation, it is hereby found that the limi- terms in the U.S. Standards for Florida tation of shipments of oranges, includ- Oranges and Tangelos (7 CFR 51.1140- shall be effective when fied for public ing Navel, Temple, and Murcott Honey inspection in the Office of the Federal oranges, as hereinafter provided, will 51.1178). Register. tend to effectuate the declared policy of (Secs. 1-19, 48 Stat. 31, as amended; 7 US.O, the act. 601-674) Signed at Washington, D.C., on Janu- (2) The recommendation by the Dated January 31, 1972, to become ef- ary 31, 1972. Growers Administrative Committee for fective February 7, 1972. KmzNTH E. FaIcK, less restrictive size limitations on fresh FLOYD F. HrDL'UI;D, Administrator,Agricultural Sta- shipments of Murcott Honey oranges Is Director, Fruit and Vegctable consistent with the available supply of bilization and Conservation and current and prospective demand for Division, consumcr and Mar- Service. such fruit by fresh market outlets. The keting Service. [1 Doc.72-1672 Filed 2-1-72; 1:49 pm] recommended grade limitation recognizes ISR Doc.72-166n iled 2-3-72;8:47 am]

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 RULES AND REGULATIONS 2661

-(a) Carcasses condemned. The entire (e) Portions of carcasses and car- Title 9-ANIMALS AND ANIMAL carcass of swine, cattle, sheep, goats, and casses of swine passea without restric- equines shall be condemned if any of the tion for human food. Swine carcasses PRODUCTS following conditions occur: found free of tuberculosis lesions during (1) When the lesions of tuberculosis post mortem inspection may be passed Chapter Ill--Consumer and Marketing are generalized (tuberculosis Is consid- for human food without restriction. Service (Meat Inspection), Depart- ered to be generalized when the lesions When tuberculosis lesions in any swine ment of Agiculture.. are distributed in a manner made possl- carcass are localized and confined to one ble only by entry of the bacilli Into the primary teat of infection, such as the TUBERCULOSIS INFECTED systemic circulation) ; cervical lymph nodes, the mesenteric CARCASSES (2) When on ante mortem inspection lymph nodes, or the medlastinal lymph the animal is observed to have a fever nodes, the unaffected portion of the car- Pursuant to the authority conferred by found to be associated with an active cass may be passed for human food the Meat Inspection Act, as amended tuberculosis lesion on post mortem in- without restriction after the affected (21 U.S.C. 601 et seq.), Parts 301, 311, spection; organ or other part is condemned. and 315 of the meat inspection regula- (3) When there is an associated (f) Portions of carcasses of swine tions (9 CFR Parts 301, 311, and 315) are eachexia; Passed for cook'ing. When the carcass hereby amended as follows. (4) When a tuberculosis lesion is of any swine reveals lesions more severe •Statement of considerations.A princi- fouhd in any muscle or intermuscular or more numerous than those described pal function of the U.S. Deparment of tissue, or bone, or joint, or abdominal in paragraph (e) of this section, but not Agriculture, Meat and Poultry Inspec- organ (excluding the gastrointestlnal so severe or so numerous as the lesions tion Program, is to assure that the meat tract) or in any lymph node as a result described in paragraph (a) of this sec- supply is safe, wholesome, and not adul- of draining a muscle, bone, joint, or ab- tion, the unaffected portions of such car- terated. This responsibility requires that dominnal organ (excluding the gastro- cass may be passed for cooking in ac- studies of inspectional procedures and intestinal tract); cordance with Part 315 of this chapter; requirements be conducted periodically, (5) When the lesions are extensive in if the character and extent of the lesions giving cognizance to current scientific tissues of either the thoracic or the ab- indicate a localized condition, and if the knowledge and possible changes in con- dominal cavity; lesions are calcified or encapsulated, and ditions affecting animal health. (6) When the lesions are multiple, provided the affected organ or other part Because of interest expressed by pub- acute, and actively progressive; or is condemned. lic health officials regarding disposition (7) When the character or extent of (.g) Carcasses of sheep, goats, and of cattle and swine affected with tuber- the lesions otheiTwse is not indicative of equines passed without resfriction for culosis, committees composed of U.S. De- a localized condition. human food. Carcmses of sheep, goats, partiment of Agriculture and public (b) Organs or other parts condemned. and equines may be passed without re- health officials were appointed to evalu- An organ or other part of a swine, cattle, strictlon for human food only if found ate current regulations related to this sheep, goat, or equine carcass affected free of tuberculosis lesions during post disease. by localized tuberculosis shall be con- mortem inspection. Upon reviewing present regulations demned when It contains lesions of tu- governing dispositions of cattle and swine berculosis or when the corresponding (h) Portions of carcasses of sheep, carcasses affected with tuberculosis, the lymph node contains lesions of tuber- goats, and equines passed for cooki.ng. committees concluded that current culosis. If a carcass of any sheep, goat, or equine guidelines do not preclude the possibility (c) Carcasses of cattle passed without reveals a tuberculosis lesion or lesions of passing, -for food-purposes, carcasses that are not so severe or so numerous restrictionfor human food. Carcasses of as the lesions des&rbed in paragraph (a) containing organisms of tuberculosis. cattle may be passed without restriction The committees agreed that changes are of this section, the unaffected portion of for human food only when the carcass the carcas may be passed for cooking necessary in existing regulations con- of an animal not identified as a reactor cerning disposition and handling of car- to a tuberculin test administered by an in accordance withPart 315 of this chap- casses of tuberculosis reactors and ter; if the character and extent of the Animal and Plant Health Service, State, lesions indicate a localized condition, and carcasses with lesions of tuberculosis. or accredited veterinarian" Is found free These amendments to the regulations re- of tuberculosis lesions during post- If the lesions are calcified or encap- flect the recommendations of the sulated, and provided the affected organ mortem inspection. or other part Is condemned. committees. (d) Portions of carcasses and car- PART 301-DEFINITIONS casses of cattle passed for cooking. (1) ,When a cattle carcass reveals a tuber- PART 315-RENDERING OR OTHER 1. Section 301.2 paragraph (cc) is culosis lesion or lesions not so severe or DISPOSAL OF CARCASSES AND amended to read: so numerous as the lesions de-cribed in PARTS PASSED FOR COOKING § 301.2 Definitions. paragraph (a) of this section, the un- affected portion of the carcass may be 3. Section 315.2 is redesignated as passed for cooking in accordance with § 315.3 and a new § 315.2 is added to (cc) U.S. Passedfor Cooking. This term Part 315 of this chapter; if the-character read: means that the meat or meat byprod- and extent -of the lesions indicate a uct so identified has been inspected and localized condition, and if the lesions are § 315.2 Carcas" and parts passed for passed on condition that it be cooked or calcified or encapsulated, and provided coo!ng; uilization for food pur- rendered as prescribed by the regulations the affecfed organ or other part Is poses after cooking. in Part 315 of this chapter. condemned. Carcasses and parts passed for cool- (2) When the carcass of a cattle Iden- ing may ba used for the preparation 6f tified as a reactor to a tuberculin test meat food products, provided all such PART 311-DISPOSAL OF DISEASED administered by an Animal and Plant carcasces or parts are heated to a tem- OR OTHERWISE ADULTERATED Health Service, State, or accredited perature not lower than 170 ° P. for a CARCASSES AND PARTS veterinarian is found free of lezions of period of not lezs than 30 minutes eithar 2. Section 911.2 is amended to read: tuberculosis, the carcass nay be passed before beIng used in or during th, pr p- § 311.2 Tuberculosis. for cooking in accordance with Part 315 aration of the finished product. of this chapter. (See. 21, 34 Stat. 1250, a: amended, 21 U-S.C. The following principles shall apply to 621; 29 P.R. 16210, m amended) the disposition of carcasses of livestock ISuch testnLg Is conducted in the tuborcu- based on the difference in the patho- losis eradication program of the Animal end The foregoing amendments make genesis of tuberculosis in swine, cattle, Plant Health Sarvlco, US. Department of more stringent the regulatory provisions sheep, goats, and equines. Agriculture. for disposition of carcasses and parts

.FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 No. 24--Pt 1----4 2662 RULES AND REGULATIONS thereof of animals affected with tuber- me by the Administrator (31 F.R. 13697), nue SW., Washngton, DC 20591, or from culosis but allow their use in meat food § 39.13 of the Federal Aviation Regula- the applicable FAA regional office In ac- products if they are passed for cooking tions is amended by adding the following cordance with the fee schedule prescribed and if they are subjected to specified new AD. in 49 CPR 7.85. This fee is payable in ad- heating procedures in lieu of rendering ALLisoN: Applies to Models 250-BISA, 250- vance and may be paid by check, draft, Into lard or similar product. The amend- B15E, 250-B150, 250-B17, 250-l10B, 250- or postal money order payable to the ments are deemed necessary and ade- C10D, 250-C18, 250-O18A, 250-018B, Treasurer of the United States. A weclJy quate to assure that meat and meat food 250-C180, 250-19, and 250-20 engines. transmittal of all SLAP changes and ad- products prepared at federally inspected Compliance: Required as indicated, unless ditions may be obtained by subscription establishments are wholesome and not already accomplished. at an annual rate of $125 per annum adulterated. In order to accomplish their To insure adequate life limit margin for from the Superintendent of Document%, purpose and because of the nature of the Allison P/Ns 6857912 and 6871872 second U.S. Government Printing Office, Walh- problem and the urgency of the need for stage turbine wheels, accomplish the fol- ington, D.C. 20402. providing added consumer protection, lowing: (A) Within the next 50 hours' time in Since a situation exists that requirec the amendments should be made effec- service after the effective date of this AD, immediate adoption of this amendment, tive as soon as arrangements may be I find that further notice and public pro- made for their implementation. remove from service all PINs 6857912 and 6871872 second stage turbine wheels having cedure hereon Is impracticable and good Therefore, under the administrative cause exists for making It effective In lemi0 procedure provisions of 5 U.S.C. 553, it over 1,500 hours' time in service. is found upon good cause that notice and (B) Prior to their exceeding 1,550 hours' than 30 days. other public procedure concerning the time in service, remove from service all PFINs In consideration of the foregoing, Part amendments are impracticable and 6857912 and 6871872 second stage turbine 97 of the Federal Aviation Regulations contrary to the public interest and good wheels having 1,500 hours or less time in is amended as follows, effective on the cause is found for making them effective service on the effective date of this AD. dates specified: less than 30 days after publication hereof Allison Commercial Service Letter No. in the FEDERAL REGisTEa. Therefore, the 2500SL-10, dated December 9, 1971, pertains Section 97.23 is amended by establish- foregoing amendments shall become to this subject. ing, revising, or canceling the following effective on February 14, 1972, VOR-VOR/DME SIAP's, effective March I-ds amendment become u-1Vclve 2, 1972. Done at Washington, D.C., on Jan- February 8, 1972. liarv 25. 1972. Beaumont-Port Arthur, T O,---Jofferon IIcaAnn E. LYNGO, (Secs. 313(a), 601, 603, Federal Aviation Act County Airport; VOR-C, OriginM;l,3tnb- lished. Assistant Secretary. of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. Bellingham, Wash.--Bellingham, Intrnta- FR Doo.72-1660 Filed 2-3-72;8:48 am] 6(c), Department of Transportation Act, 49 tional Airport; VOR 1 Runway 10, Amidlt. U.S.C. 1655(c)) 2; Revised. Bellingham, Wash.-Bollnglam Intorna- Issued in Kansas" City, Mo.; on Janu- tional Airport; VOR 2 Runway 10, Amdt., ary 28, 1972. 2; Revised. Title 14-AERONAUTICS JoHN M. CYROcKI, Brewton, Ala.-Brewton Aunicipnl Airport; Director,Central Region. VOR Runway 30. Orlglnal; Etablishcd. AND SPACE Charlotte, N.C.-Dougls Municipal Airport; [FR Doc.72-1634 Filed 2-3-72;8:46 am] VOR Runway 5. Amdt. 5: Revised. Chapter I-Federal Aviation Adminis- Charlotte, N.C.-Douglas Munilpal Airport, tration, Department of Transportation VOR Runway 18, Arndt. 7; Rovised. [Docket No. 11680, Amdt. No. 794] Charlotte, N..-Douglas Municipal Airport; [Docket No. 72- 4-AD, Amdt. 39-13901 VOR Runway 23, Amdt. 4: Revised. PART 97-STANDARD INSTRUMENT Charlotte, N.O.-Douglas Muniolpal Airport; PART 39-AIRWORTHINESS APPROACH PROCEDURES VOR Runway 36, Amdt. 5; Revised. DIRECTIVES Chicago (Whcollng), Ill.---Chicagoland Air- Miscellaneous Amendments port; VOR-A, Amdt. 1; Revised. 'Allison Model 250 Series Engines Chicago, i.--Chicago O'Hare International This amendment to Part 97 of the Fed- Airport; VOR Runway 22R, Amdt, 11; There has been a fatigue failure of a eral Aviation Regulations incorporates Revised. second stage turbine wheel in an Allison Cleveland, AIis.-Clovcland AIlunlcipal Air- 250-C18 model engine which resulted in by reference therein changes and addi- port; VOR-A, Original; Eftblished. engine failure. To preclude the possibility tions to the Standard Instrument Ap- Corvallis, Oreg.-Corvallis Munlopal A iport, that similar failures could occur in other proach Procedures (SIAPs) that were VOR Runway 17, Amdt. 1; Reviscd. Elkhart, Ind.-Elkhar Munilolpal Airport: engines of this series, Allison issued Re- recently adopted by the Administrator to VOR Runway 27, Amdt. 5; Revised. vision 6 to Commercial Service Letter No. promote safety at the airports concerned. Grand Forks, N. Dak.-Grand Forks Xrtor- 250CSL--10, dated December 9, 1971, to The complete SIAPs for the changes national Airport; VOR Runway 17, Amdt, reduce the maximum operating time on 4; Revised. Allison P/N 6857912 and 6871872 second and additions covered by this amendment Grand Forks, N. Dak -Grand Forlai Inter- stage turbine wheels from 2,300 hours to are described in FAA Form 3139, 8260- national Airport; VOR Runway 35, Amdt. 1,550 hours. Since the condition de- 3, 8260-4, or 8260-5 and made a part of 4; Revised. scribed herein is likely to exist or develop Gulfport, Mli.--Gulfport Munlclpal Airport; the public rule making dockets for the VOR Runway 4, Amdt. 5; RevIed. in other engines of the same type design, FAA in accordance with the procedures Gulfport. Ais.-Gulfport Mluniolpal Airport; an Airworthiness Directive is being is- set forth in Amendment No. 97-696 (53 VOR Runway 13, Amdt. 10, Revised. sued requiring removal of all second stage Gulfport, Mfss.-Gulfport Municipal Airport,; turbine wheels on Allison Model 250 P.R. 5609). VOR Runway 22. Arndt. 6; Roviscd. series engines which exceed a life limit SIAPs are available for examination at Gulfport, Mlss-Gulfport Municipal Airport.; of 1,550 hours. the Rules Docket and at the National VOR Runway 31, Arndt. 9; Roviscd. International Falls, Minn.-Foll Interna- Since immediate action is required in Flight Data Center, Federal Aviation Ad- tional Airport; VOR Runway 13, Amdt. 7, the interest of safety, compliance with ministration, 800 Independence Avenue Revised. the notice and public procedure provis- SW., Washington, DC 20591. Copies of International Falls, inn.-Falls Interna- tional Airport; VOR Runway 31, Amdt. 0; ions of the Administrative Procedure Act SIAPs adopted in a particular region are Revised. is not practical and good cause exists for also available for examination at the Moab, Utah-Canyonnnds Field VOR-A, making this amendment effective in less headquarters of that region. Individual Arndt. 2; Revised. copies of SIAPs may be purchased from Nowark. Ohlo-Licking County Airport; than thirty (30) days. VOR-A, Amdt. 5; Revised. In consideration of the foregoing and the FAA Public Document Inspection New Haven, Conn.-Twced-New Havon Air- pursuant to the authority delegated to Facility, HQ-405, 800 Independence Ave- port; VOR Runway 2, Anmdt. 13; Rovlte4

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 RULES AND REGULATIONS 2663

Olympia, Wash.-Olympia Airport; VOR Chicago, Ill.--ChlcarZo O'Hara International Waterloo, Iowa-Waterloo Municipal Air- Runway 17, Amdt. d; Revised. Airport; LOG (BO) Runway 22R Amdt. 6; port; IDB Runway 12, Arndt. 11; Revis:d. Pasco, Wash-Trl-Citles Airport; VOR-A, Revised. 'Original; Established. Chicago, nIl.--Chlcago O'Haro International 4. Section 97.29 is amended by estab- Pasco, Wash.-Tri-Citles Airport; VOR Run- Airport: LOG Runway 27L. Amdt. 4; lishing, revising, or canceling the fol- way 201R, Amdt. 10; Canceled. Canceled. lowing IIS SIAP's, effective darch 2, Philadelphia, Pa.-North Philadelphia Air- Chicago. Il.--Chcago O'Hara International 1972. port; VOR Runway 6. Amdt. 5; Revised. Airport; Parallel LOG Runway 27L, Amdt 2; Pottstown, Pa.-Pottsown-Lmerlck Airport; Canceled. Baton Rouge, La-.-Ryan Airport; ILS Run- way 13, Amdt. 14; VOR-A, Amdt. 1; Revised. Dayton. Ohio-James M. CoX Dayton Mfu- Revi.ced. Chicago Bl.--Chlcago O'Hare International Pottstown, Pa.--Pottstottn Municipal Air- nicipal" Airport; LOO (BO) Runway 24R, port; VOR-A, Aindt. 3; Revised. Airport; ILS Runway 9R, Original; Estab- Amdt.. 2; Revised. Wlihed. Poseau, minn.-Roseau Municipal Airport; Erie, Pa.-Erio International Airport; LOG Chicago, nl.-Chicago O'Haxe International VOR Runway 34, Amdt. 1; Revised. (BC) Runway 24, Amdt. 3; Revised. Salisbury, Md.-Sallsbury-Wicomico County Airport; ILS Runway 271, Original; E;- Morristown. N.J,-Morrlstown Municipal Air- tablLshed. Airport; VOR Runway 4, Amdt. 6; Revised. port: LOG Runway 23, Arndt. 2; Revised. Cricago, f1.--Chcao O'Hare International Salisbury, Md.-Sallsbury-Wcomico County Nashville, Tenn.-Nahvlllo Metropolitan Airport; Parallel ILS Runway 27L, Original; Airport; VOR Runway 22, Amdt. 6; Revised. Airport; LOG (BO) Runway 20R, Amdt. 9; Salisbury, Md.-Sallsbury-Wicomico County Fstablished. Revised. Chicago, Il.-Chlcago Oare International Airport; VOR Runway 31. Amdt. 6; -Revised. Daytona Beach, 'la.-Daytona Beach Re- Southbridge, Mass.-Southbrdge Municipal Airport; IS Runway 27R, Amdt. 13; Re- gional Airport; LOG (BO) Runway 24R, v1sed. Airport; VOR-Original; Established. Original; Established. Waterloo. Iowa-Waterloo Municipal Airport; Covlngton, Ky.-Greater Cincinnati Airport; VOR Runway 24, Amdt. 8; Revised. 3. Section 97.27 is amended by estab- 3LS Runway 9R. Original. Fstablished. Waterloo, Iowa-Waterloo Municipal Airport; Donver, Colo.-Stapleton International Air- lishing, revising, br canceling the follow- port: 2LS VOR Runway 36, Amdt. 9; Revised. ing NDB/ADF SIAP's, effective March 2, Runway 35, Amdt. 12; Revisec. Almyra, El Paco, To-E Paso International Airport; Ark-Almyra Municipal Airport; 1972. VOR/DM--A, Original; Established. IrS Runway 22. Amdt. 23; Revised. Battle Mountain, Nev.--Laider County Air- Alma, Mich.-Gmtot Community Airport International Falls. M xn-Fals Interna- port; VOR/DME Runway 3. Amdt. 1; NDB Runway 9, Amdt. 2; Rovifed. tional Airport: ILS Runway 31. Amdt. 2; Revised. Chicago, nIl.--Chicago OHare International RearIed. Beaumont-Port Arthur, Tex.-Jefferson Airport; 1DB Runway 9R,, Amdt. 2; M1acon, Ga.-L=wL, B. Wlson Airpomt; IS County Airport; VOR/DME-A, Original; Revised. Runway 5. Arndt. 17; Revised. Canceled. Chicago, lL.-CGhcago O'Haro International Memphis, Tenn.-Memph1s International Bellingham, Wash.-Bellingham Interna- Airport; 11DB Runway 9R, Amdt. 2; Airport; M5 Runway 35R. Arndt. 13; Re- tional Airport; VOR/DIE-A, Amdt. 2; Re- Revised. vised. vised. Chicago, Il.--ChIcago O'Hara International MnneapolIs. Minn .Mlnneapolls-St. Paul Brookhaven, Mss.-Brookhaven Municipal Airport; N1DB Runway 271R, Amdt. 11; Internatlonal/Wold Chamberlain Airport; Airport; VOR/DMF-A, Amndt. 3; Revised. Revised. IS Runway 1111 (BC), Arndt. 1; Revised. Corvallis, Oreg.-CorvallIs Municipal Air- Dayton, Ohio-James M. Cox Dayton Mu- Minneapolis. M nn-Minneapolis-St- Paul port; VOR/DME Runway 35, Amdt. 1; Re- nicipal Airport; NDB Runway 24L/R, Amdt. Internatlonal/Wold Chamberlain Airport- vised. -10; Revised. 1LS Runway 22 (BC), Amdt. 1; Revised. Ephrata, Wash.- plhrata Municipal Airport; Greenville, Maine--Greenville Municipal Air- New Haven, Conn.-Tweed-New Haven Air- VOR/DME Runway 2. Anadt. 1; Revised. port; 1NDB Runway 3, Original; Established. port; IUS Runway 2. Original; Established. Hoquiam, Wash.-Bowerman Airport; VOR/ International Falls, Minn.-Falls Interna- Pxao, WNash.-Tri-Clties Airport, 37S Run- DME Runway 24, Amdt. 2; Revised. tional Airport; NDB Runway 31, Andt. 1; way 201, Original; E3tablished. Lebanon, Tenn.-Lebanon Municipal Air- Revised. Rochester. N.Y.-Rochester-Monroe County port; VOR/DM_-A, Original; Established. Juneau, Wls.-Dodgo County Airport: NDB Airport; ILS Runway 28, Amdt. 21; Revised. Macon, Ga-Herbert Smart Airport; VOR/ Runway 2, A-tit, 3; Revised. Salisbury, MLd.--Sallsbury-Wcomlco County DME-A, Arndt. 5; Revised. Juneau, Wi .- Dodge County Airport; INDB Airport; US Runway 31, Original; E tab- McComb, Miss.-McComb PIke County Air- Runway 20. Arndt. 1; Revised. lished. port; VOR/D35F-A, Amdt. 2; Revised. Kosciusko, Msm.-Roclusko-Attala County Waterloo, Iowa--Waterloo Municipal Airport; McMinnville, Oreg.-McMlnnville Municipal Airport NDB Runway 14. Amdt. 2; Revized. XIS Runway 12, Amdt. 12; Revised. Airport; VOR/DME Runway 21. Original; Kosciusko, MIss.-osclusko-Attala County 5. Section 97.31 is amended by estab- Canceled. Airport; NDB Runway 32. Amdt. 2; Revised. McMinnville, Oreg-McMixnville Municipal lishing, revising, or canceling the follow- Macon, Ga--Lewls B. 'Wilson Airport; 1NDB ing Radar SIAPs, effective March 2,1972. Airport; VOR/DME-A, Original; Estab- Runway 5. Acdit. 10: Revised. lished. Memphig0 Tenn.-Memphis International Macon, Ga.-LewLs B. Wilson Airport; Radar- Meridianville, Ala.-North Huntsville Air- Airport; 1DB Runway 3M1R, Amdt. 11; 1. Arndt. 10; Revised. port; VOR/DME-A, Original; Established. Meridlanville, Aia.-North Huntsville Air- Nashville, Tenn.-Nshville Metropolitan Revised. Milwaukee, Wts.-General Mitchell Fleld; port; Radar-I, Original; Fstablished. Airport; VOR/DWE Runway 2L, Original Oklahoma City, Okla.-WUm Rogers World Established. NDB Runway 25L, Amdt. 1; Canceled. Airport; Radar-l, Amdt. 11; Revised. Olympia, Wash.-Olympia Airport; VOR/ MInocqua-Woodruff, Wls.-Lakeland Airport; DME Runway 35, Amdt. 6; Revised. NDB Runway 10, Orlginal; EstablLshed. 6. Section 97.33 is amended by estab- Oneida, Tenn.--Scott Municipal Airport; Minocqua-Woodruff, WIs.-LaLeland Airport; lishing, revising, or canceling the follow- VOR/D311-A, Original; Established. 1NDB Runway 18, Amndt. 3; Revised. Ing RNAV SLAPs, effective March 2, Southbridge, Mass.--Southbridge Municipal Minocqua-Woodru, W s.-Lakeland Airport; 1972. NDB Runway 28. Original: EstablIshed. Airport; VOR/DME-A, Amdt. 3; Revised. Auburn, Ala.-Auburn-Opellka Airport; Waterloo, Iowa-Waterloo Municipal Airport; Mnocqua-Woodruff, Wis-Lakeland Airport; RiVA Runway 18, Amdt. 1; Revi.ed. VORTAC Runway 30,Andt. 6; Revised. NDB Runway 313. Arndt. 1: RevIsed. McComb, M1is.--?.cComb-Pike County Air- Morristown, N.T.-Morrlstown Youngstown, Ohio-Youngstown Municipal Municipal Air- port; RITAV Runway 33, Amdt. 1; Revised. Airport; VORTAC Runway 18, Anmdt. 9: port; NDB Runway 5, Arndt. 8; oRelv-d. Revised. Morristown, NJ.---orrlotown Municipal Air- (Seca. 307,.313, OI, 1110, Federal Aviation port; NDB Runway 23, Amdt. 2; Reviedl Act of 1958; 49 U.S.C. 1438, 1354. 1421, 1510. 2. Section 97.25 is amended by estab- Sec. 0(c) Omak. Wash.-Omak Airport, 11DB (ADP)-l, Department of Transportation Act, lishing, revising, or canceling the follow- 49 U.S.C. Amndt. 3; Canceled. 1655(c) and 5 U.S.C. 552(a) (1)) ing SDF-LOC-LDA STAP's effective Omak, WVash.-Omak Airport; IDB-A, Or1ii- Issued in Washington, D.C., on Jan- March 2, 1972. nal; Established. uary 27, 1972. Anniston,_ Ala:-Anniston-Calhoun County Ontonagon. Mich.-Ontonagon County Air- R. S. SUFF, Airport; LOG Runway 5, Amdt. 4; Revised. port: 1DB-A, Original; Established. Acting Director, Chicago, 111-Chicago Midway Airport; LOG Rochester, N.Y.-Rochester-Monroe County Flight StandardsSerrice. Runway 4R, Original; Established. Airport; NDB Runway 28. Amdt. 17; Chicago, ll.-Chicago O'Hare International Revised. NoTE: Incorporation by reference pro- visions Airport; LOC Runway 4L, Amdt. 6; Revised. Rockford, Il---Greater Rochford Airport; in §§ 97.10 and 97.20 (35 P.R. Chicago, 11.-Chicago O'Hare International NDB Runway 30, Aradt. 12; Reviwd. 5610) approved by the Director of the ' Airport; LOG (BO) Runway 9R, Amdt. 3; Roseau. Minn.-Roeeau Munielpal Airport; Federal Register on May 12, 1969. Canceled. NDB Runway 34, Amdt. 1; Canceled. [FR Dcc.72-148T rild 2-3-72;8:45 am]

FEDERAL REGISTER, VOL 37, NO. 24--FRIDAY, FEBRUARY 4, 1972 2664 RULES AND REGULATIONS Chapter Il-Civil Aeronautics Board requested to do so by the Board's staff. (c) Each air carrier shall, as required The regulation also notes that, in the by raragraph (b) of this section, submit SUBCHAPTER A--ECONOMIC REGULATIONS case of agreements of IATA traffic con- sufficient evidence under the certilcatlon [Reg. E1-723, Amdt. 15] ferences'involving increases in rates or of a responsible officer to enable the fares, the required information should Board to determine: PART 221-CONSTRUCTION, PUBLI- accompany the justification submitted (1) The existing rate, fare, or charge, CATION, FILING AND POSTING OF with such agreement. the proposed rate, fare, or charge, and TARIFFS OF AIR CARRIERS AND Order 71-11-97, dated November 24, the percentage increase;3 FOREIGN AIR CARRIERS 1971, which sets forth requirements under (2) The dollar amount of lncrew..ed former § 300.16 of the Commission regu- revenue which the increase is expected Submission of Information Accom- lations, is being vacated, to provide; panying Tariffs Proposing Price In- Since the foregoing amendment is es- (3) The amount by which the Increame creases Under Price Stabilization sential in order to permit compliance with will increase the carrier's profit, as a, Program current price stabilization requirements, percentage of its total revenue; the Board finds that notice and public (4) The amount by which the increase Adopted by the Civil Aeronautics procedure thereon is impracticable, and will increase the carrier's overall rate of Board at its office in Washington, D.C., that good cause exists for making the return on capital; on the 1st day of February 1972. amendment effective less than 30 days (5) That the increase is cot-based On January 12, 1972, the Price Com- after publication. and does not reflect future Inflationary mission issued a revised § 300.16 of its In consideration of the foregoing, the expectations; regulations providing q detailed set of Civil Aeronautics Board hereby amends (6) That the Increase Is the min mum rules for the granting of price increases Part 221 of the Economic Regulations required to azsure continued, adequate to public utilities under the price stabili- (14 CFR Part 221), effective February 1, and safe service or to provide for neces- zation program In general, the regula- 1972, as follows: sary expansion to meet future require- tion provides that a public utility may 1. Amend the Table of Contents of ments; and Increase its prices if the Price Commis- Subpart 1M by adding new § 221.165a to (7) That the increase will achieve the sion does not make a negative finding read as follows: minimum rate of return or profit margin on any of the following criteria: The Sec. needed t9 attract capital at reasonable increase is cost-based and does not reflect 221.165a Special provisions under price costs, and not impair the credit of the inflationary expectations; is needed to stabilization program. carrier. assure continued, adequate, and safe (d) The Information required under service, or to provide for necessary ex- 2. Add a new § 221.165a to read as paragraph (c) of this section shall In- pansion; will achieve the minimum rate follows: elude, for the year subsequent to the of return or profit margin needed to at- § 221.165a Special provisions under proposed increase forecasts (with and tract capital at reasonable rates and not price stabilization program. without such increase) of operations p- impair the credit of the public utility; plicable to the rate making entity af- has been certified as required; and is, (a) This section requires the filing of oertain additional information for the fected by the proposcd incyease, and in the opinion of the Price Commission, shall include capacity and traffic, reve- consistent with its goals. The rules also purpose of enabling the Board to per- form its functions under the Economic nue and expenses (1?roken down by require each regulatory agency to cer- norml Form 41 or Form 244 categories tify, with respect to each rate increase Stabilization Act of 1970 as amended, Executive Order 11627, 36 F.R. 20139, and functional accounts), operating it approves, the former price, the new profit, interest expense, Federal income price, and percentage of the increase; October 16, 1971, and § 300.16 of the regulations of the Price Commission (6 taxes, Investment, and rate of return the dollar amount of the increase; the on investment. All assumptions and allo- amount by which the public utility's CPR 300.16). (b) The information required under cation procedures should be fully e2- profit margin or rate of return as a per- plained, and all forecasts should reflect centage of sales will be increased; that paragraph (c) of this section shall ac- company each tariff transmittal under the Board's established rate making in its proceedings gufficient evidence was standards. The forecasts should spcolfi- taken to determine whether the Price § 221.165 filed by each air carrier holding a certificate of public convenience and cally Itemize cost Increases, should be Commission's criteria are or are not met; limited to actual increases incurred dur- and that the price increase does or does necessity issued under section 401(d) (1) or (2) of the Act, and each direct or Ing, but not fully reflected In, the most not meet these requirements. The regu- recent year for which the carrier hsP lation also requires prenotification indirect air carrier which has annual revenues of $100 million or more: Pro- filed its Form 41 or Form 244 report., utilities (i.e., those with annual gross actual Increases which have been In- revenues of $100 million or more) to re- vided, That any other air carrier shall supply such information accompanying curred since, and contracted future In- port increases to the Price Commission creases. Anticipated cost increases and involving an increase of m6re than one or following each tariff transmittal if directed to do so by the Chief, Passenger expected inflationary Increases should percent of gross annual revenues, to- not be included. gether with a copy of fhe regulatory and Cargo Rates Division, Bureau of Economics. Except as the Chief may (e) Each air carrier which, with re- agency's certification. The Price Com- spect to any tariff filing involvOng an mission will have 10 days after receiving otherwise direct, the information speci- fled in paragraph (c) of this section shall increase in any rate, fare or charge, does the report within which to take such not file the information specified in par- action as may be warranted. be furnished only with respect to any tariff filing which would have the effect agraph (c) of this section, shall state The regulation herein adopted pro- of increasing the carrier's aggregate an- that such filing is not required by para- vides for the furnishing of information nual revenues by more than 1 percent. graph (b) of this section and shall se't to the Board as part of the tariff trans- forth the basis for that conclusion. mittal sufficient to enable the Board to (f) In the case of a tariff Involving carry out its certification functions under "Carriers not filing the information are an increase in any rate, fare or charge, the Price Commission's regulation. Our required to set forth the basis for their the carrier shall state whether or not regulation will require such information determination that the regulation is not applicable to the specific tariff. It should the Price Commission has been advised to be furnished with respect to their in- be stressed that the regulation does not of such increase. creases involving more than 1 percent preclude the voluntary submission of price not NoT=: 'rho data required by this section of annual aggregate gross revenues stabilization data in cases where our regula- should be included with the documentation only by all prenotification carriers, but tion does not requird it. In addition, in cases accompanying the filing of any ngreement in addition by all major classes of sched- of requests for suspension of tariffs propos- under section 412 of the Act embodying in- uled certificated carriers. In addition, Ing price increases, sufficient data would have creises -in rates, fares or chargcs. the regulation requires any other car- to be flled-with the Board by the carrier if either with the tariff transmittal or in the rier to furnish similar information answer to the complaint, in order to enable OTho foregoing requirement may be sati,- the Board to certify the increase if It deter- fled by the employment of the sampling 137 P.R. 652, January 14, 1972. mines not to suspend the tariff. methodology prescribed in §221.105(6).

FEDERAL REGISTER. VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 RULES AND REGULATIONS 2665

(Sees. 204(a), 4,3, and 412 of the Federal certification of oxytetracycline hydro- Aviation Act of 1958, as amended, 72 Stat. chloride, chlortetracycline hydrochlorde, Title 24-HOUSING AND 743, -758 [as amended by 74 Stat, 445] and tetracycline hydrochloride, and bacltra- 770; 49 U.S.C. 1324, 1373 and 1382; and the cin preparations for inhalation, topical, Economic Stabilization Act of 1970, as URBAN DEVELOPMENT amended, Public Law 91-379, 81 Stat. 799; or otic use. The order amended Part 141c Public Law 91-558, 84l Stat. 1468; Public Law by amending § 141c.208 and revoking Chapter Vl-Office of Assistant Secre- 92-8, 85 Stat. 13; Public Law 92-15, 85 Stat. §§ 141c.211, 141c.213, 141.214, and 141c.- tary for Community Planning and 38; Economic Stabilization Act Amendments 227; amended Part 146c by amending of 1971, Public Law 92-210, 85 Stat. 743; § 146c.208 and revoking §§ 140c.211, Management, Department of Hous- Executive Order No. 11627, 36 P.R. 20139, 146c.213, 146c.214, and 146c.227; ing and Urban Development October 16, 1971; and section 300.16 of the amended Part 146e by amending lDoShet Ila. R-72-164] regulations of the Price Commission, 37 § 146e.403; and amended Part 148n by P.R. 652; January 14, 1972.) revoking § 148n.15. PART 600-COMPREHENSIVE By the Civil Aeronautics Board. Pursuant to provisions of the Federal PLANNING ASSISTANCE [SEAL] HARRY J. ZnM, Food, Drug, and Cosmetic Act (Qecs. 502, These regaulations provide requirements Secretary. 507, 52 Stat. 1050-51, as amended, 59 and guldelines for filing a Comprehen- Stat. 463, as amended; 21 U.S.C. 352, [PR Doc.72-1725 Ffied2-3-72;8:51 am] sive Planning Assistance grant applica- 357) and under authority delegated to tion. Specifically, the regulations define the Commissioner of Food and Drugs who are eligible applicants, the submis- (21 CFR 2.120), notice is given that no sion procedures required for grant as- Title 19-CUSTOMS DUTIES objections were filed to the above idea- sistance, the application package and its tified order. Accordingly the amendment work program format, coordination pro- Chapter I--Bureau of Customs, promulgated thereby became effective cedures and special requirements for Department of the Treasury December 6, 1971. Certification of new each applicant. stocks has been discontinued. ITfD. 72-45] The handbook which previously pro- Dated: January 27, 1972. vided the guidelines does not reflect cur- PART 12-SPECIAL CLASSES OF R. E. DuaA, rent Department policy. Because early MERCHANDISE Acting Associate Commissioner promulgation of these regulations .is necessary to permit the commitment of Importation of M6tor Vehicles and for Compliance. program funds by the Department on an Motor Vehicle Engines [FR Doc.72-1684 Filed 2-3-72,8:50 am] orderly basis during the remainder of this Correction fiscal year, comment and public proce- [DESI 0 125J dure would be impracticable and con- In P.R. Do: 72-1446 appearing at trary to the public interest and good page 2430 in the issue of Tuesday, Feb- PART 146a-CERTIFICATION OF PEN- cause exists for making Part 600 effective- ruary 1, 1972, the heading for paragraph ICILLIN AND PENICILLIN-CONTAIN- upon publication. (d) of § 12.73, now reading "Merchan- ING DRUGS However, all interested persons are in- dise refunded entry", should read "Mer- vited to submit written comments or chandise refused entry". Confirmation of Effective Date of suggestions with respect to the regula- Order Revoking Provisions for Cer- tions, which may be later revised in the tification of Penicillins in Combina- light of comments received. Three copies of such comments should be filed within Title 21-FOOD AND DRUGS tion With Probenecid 30 days of publication of these regula- Chapter I-Food and Drug Adminis- An order was published in the FEERAL tions In the FEDERAL EGIxsTR, and ad- REGISTER of October 9, 1971 (36 F.R. dressed to the Rules Docket Clerk, Office tration, Department of Health, Edu- 19695), amending the antibiotic drug of General Counsel, Room 10256, Depart- cation, and Welfare regulations to repeal provisions for cer- ment of Housing and Urban De- SUBCHAPTER C-DRUGS tification of penicillins in combination velopment, 451 Seventh Street SW, [DESI 8311] with probenecid. The order amended Part Washington, DC 20410. A copy of each 146a by amending §§ 146a.28 and 146a.51 communication will be available for PART 141c-CHLORTETRACYCLINE and revoked all antibiotic certificates public inspection during business hours issued thereunder for drugs containing at the above address. (OR TETRACYCLINE) AND CHLOR- penicilins in combination with pro- TETRACYCLINE- (OR TETRACY-" Title 24 of the Code of Federal Regu- benecid. lations is amended by adding a new CLINE-) CONTAINING DRUGS; Pursuant to provisions of the Federal Part 600 to read as follows: TESTS AND METHODS OF ASSAY Food, Drug, and Cosmetic Act (sees. 502, 507, 52 Stat. 1050-51, as amended, 59 Subpart A--General Information PART 146c-CERTIFICATION OF Stat. 463, as amended; 21 UB.C. 352, Sec. CHLORTETRACYCLINE (OR TETRA- 600.1 Purpoze. 357) and under authority delegated to 600.1 Scope of comprehensive planning. CYCLINE) AND CHLORTETRACY- the Commissioner of Food and Drugs (21 600.10 Financial support. CLINE- (OR TETRACYCLINE-) CON- CFR 2.120), notice is given that no obJec- 600.15 Stair and consultant services. TAINING DRUGS tions were filed to the above-identified 60020 Inservica training. order. Accordingly, the amendments 60025 Who may be azzisted. PART 146e-CERTIFICATION OF BAC- 600250 Legal status and authority. promulgated thereby became effective 60025 Asltance to States for statewide ITRACIN AND BACITRACIN-CON- November 18, 1971. planning. T'AINING DRUGS Firms affected by the order will be 600.30 Amltanco to States for assistance allowed 30 days after publication hereof and services to localities. PART 148n-OXYTETRACYCLINE in the FEDRALx REGISTRi to recall out- 600.37 ProvilIon of planning assistance to localitle3 by areawIde plan-i or- Confirmation of Order Revoking Pro- standing stocks of the affected drugs ganization. visions for Certification of Certain Certification of new stocks has been Grants for areawide planning and discontinued. management assistance. Preparations for Inhalation, Topical 600.45 AsLtancc to large citie. or Otic Use Dated: January 27, 1972. 600.60 Planning and management assist- R. E. DuacAN, ance for other applicanta. An order was published in the FEDERAL 600.55 Elgible activities: All asisted agen- REGISTER of October 27, 1971 (36 F.R. Acting Associate Commissioner for Compliance. 20597), amending the antibiotic drug 600.53 Ineligible acfivlties: All as.isted regulations to repeal provisions for [FR Doc.72-1687 Filed 2-3-7;8:60 an] ngencles.

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 2666 RULES AND REGULATIONS

Subpart 8--Special Requirements mentation programs, and evaluate (b) Maximum costs. Except for ,ork- See. performance in meeting these objectives. study programs, the total cost of an In- 600.60 Purpose. § 600.10 Financial support. service training program shall not exceed 600.65 Environmental considerations. 5 percent of the agency's total grant in- 600.70 Required housing element. Comprehensive " planning assistance der the Comprehensive Planning A,.,hit- 600.75 Equal opportunity requirements. grants shall not exceed two-thirds of the ance Program for any one year. 600.80 Citizen involvement. total cost of eligible activities, except in § 600.25 Who may be aF.bl'ed. Subpart C--Procdural Requiremenfs certain circumstances when the grant may cover up to three-fourths of the Currently, grants are authorzed to the 600.85 Purpose. 600.90 Steps for application submission, costs. following: negotiation, and approval. (a) Three-fourths grants may be made (a) States, for statewilde plannln and 600.95 Applications by States. when the applicant or recipient Is: management; 600.100 The application package. (1) Located in a redevelopment area (b) States, for local planning and 600.105 Overall Program Design. or economic 'development district des- management assistance to counties, citie3 ignated by the Secretary of Commerce and municipalities, groups of adjacent Subpart D-State Procedures for Local Planning under Title IV of the Public Works and and fanagement Service communities having a total population of Economic Development Act of 1965; less than 50,000, Indian reservation% dit- 600.110 Purpose. (2) Located in a local development aster areas, federally Impacted areas, 600.115 State Overall Program Design. district, certified under Title IV of the and metropolitan and nonmetropolitan 600.120 Summary of local planning and management assistance proce- Public Works and Economic Develop- areawide planning organizations; dures. ment Act of 1.965; (c) Metropolitan and regional agen- 600.125 Design of the State program for (3) A federally impacted area where cies involved In comprehensive planning localities. there has been at least a 5 percent de- and management. Also, district agenoies 600.128 Considerations In State assistance crease in employment over a 2-year pe- which are organizations composed of to localities. riod attributable to reduction in Federal public officials representative of political 600.130 Negotiations with HUD. activity; jurisdictions within the district. 600.135 State agency review and evaluation. (4) Any regional commission estab- (d) Cities within metropolitan areas, Subpart E-Evaluation and Coordination lished by the Appalachian Regional De- having populations of 50,000 or more; Procedures velopment Act of 1965 or under the Pub- and 600.140 Purpose. lic Works and Economic Development (e) Other applicants, including inter- 600.145 Evaluation and review. Act of 1965; or state regional planning commissilons, 600.150 Coordination and intergovern- (5) Any governmental agency or or- tribal planning councils, disaster areas, mental review procedures. ganization of public officials for planning federally Impacted areas, local develop- 600.160 OitrB Circular A-95 coordination activities that are necessary to the de- ment districts, and economic develop- procedures. velopment of planning for States, re- ment districts, including cities, other 600.170 Overall Program Design review. gions, or other multijurisdictional areas municipalities and counties located Auuoarrr: The provisions of this Part 600 whose development has significance for within economic development districts. issued under sec. 701, Housing Act of 1954, purposes of national growth and urban 68 Stat. 640; 40 U.S.C. 461; Secretary's dele- development objectives and which other- § 600.30 Legal status and authority. gation of authority published at 36 F.B. 5004, wise meets the tests of 701(j) of the Applicants must: effective March 8, 1971. Housing Act of 1954, as amended. (a) Be authorized by State law or in- Subpart A-General Information (b) Non-Federal share: The non-Fed- terstate compact or other agreement to eral share of the total cost of assisted ac- perform the comprehensive planning § 600.1 Purpose. tivities may be provided in the form work for which the grant Is requeoted: The purpose of this subpart is to set of cash and/or services from the appli- (b) Have authority to receive and e:- forth provisions of general applicability cant, or from other non-Federal sources. pend Federal and other funds, and to with respect to the regulations in this contract with Federal and other units of part. Such provisions relate to (a) en- § 600.15 Staff and consultant services. government, private concerns, or indi- couraging State, local, and areawide offi- (a) Planning staff services. To be eli- viduals for performance of planning cials to improve executive planning, gible for assistance, the applicant and work and services; and decision-making, and management capa- each areawide planning agency recipi- (c) Assure HUD that the non-Federal bility and to establish and improve their ent must demonstrate that it has a staff share of the program cost will be staffs and techniques; (b) encouraging of sufficient size and professional com- provided. community planning and management petence to effectively discharge the pro- § 600.35 Assistance to States for itttae. as a continuous process; and (c) assist- gram for which assistance is sought. The wide planning. ing State and local governments and planning agency must establish, and pe- areawide agencies to solve problems, riodically update, standards for the re- Eligible applicants for Comprehemnlvo realize opportunities and formulate and cruitment and retention of professional Planning Assistance for Statoewide Plan- implement policies related to community personnel consonant with or superior to ning and Management are: development and growth for urban and State or local merit or civil service sys- (a) The Office of the Governor (the rural areas. tem standards. The standards established preferred applicant); or shall be subject to HU approval. (b) The State agency designated by § 600.5 Scope of comprehensive plan. (b) Provision of consulting services. the Governor or by State law, provld(,d ning. Staff capability may be supplemented applications are endorsed by the For the purpose of the regulations in through consulting services by other Governor. this part, "comprehensive planning" public agencies (State, areawide, local), § 600.36 Asistance to States for w:a,"4t means a continuing process whereby by instrumentalities of State and local ance and scrviceq to localities. State and local governments and area- governments (such as universities, muni- wide planning organizations formulate cipal leagues and county officer associa- Eligible applicants for Comprehensive and coordinate community strategies and tions), and by private contractors and Planning Assistance and services arc: management decisions. It spans the consulting firms. (a) For assistance and services to lo- broad range of governmental activities, calities. (1) The Office of the Governor; services, and investments for which § 600.20 Inservice training. or assisted governments are responsive. Applicants may engage in inservice (2) The State agency designated by Through comprehensive planning and training to increase the level of knowl- State law (or the Governor) for tile pro- management, chief executives are able edge and skills of their staff. vision of comprehensive planning and to identify problems and opportunities, (a) Eligible trainees. Eligible trainees management services to local govern- determine development objectives, ana- are limited to members of staffs of eli- ments and for the administration of lyze alternate solutions, prepare imple- gible applicants. Comprehensive Planning Assistance

FEDERAL REGISTER, VOL. 37, NO. 24--FRIDAY, FEBRUARY 4, 1972 RULES AND REGULATIONS 2667

grant funds. Where feasible, this should distrif agencies. These agencies may be: fa) Interstate regorral commissions. be the same State agency designated for (1) Organizations of public officials Interstate regional commissions, estab- statewide planning. Eligible local recipi- representative of the political Jurisdic- lished under the Appalachian Regional ents are: tions within the metropolitan area, re- Development Act of 1965 or the Public (i) Cities and other municipalities hav- gion, or district. Among such organiza- Works and Economic Development Act ing populations of less than 50,000 ac- tions are councils of government, joint of 1965, are eligible for Comprehensive cording to the latest decennial census. city-county planning commissions, multi- Planning Assistance. However, the De- The planning area must include, at the jurisdictional or regional planning partment Is prohibited from funding In- minimum, the entire geographic area of agencies, economic development districts, terstate Commissions. the general local government, plus any and local planning districts; (b) Indian reservations-(1) Intent. contiguous territory over which the local (2) Agencies under State law or by To provide financial assistance to con- government has authority for planning interlocal agreement responsible for duct planning programs for Indian purposes. comprehensive planning; or, Reservations. (ii) Counties of any population size. (3) States authorized by State law to (2) Eligible applicants. (i) State In this case, the minimum planning area perform areawide planning. agencies. State planning agencies are must include the unincorporated areas (b) Areawide planning requirements. eligible to apply on behalf of tribal over which the county government has (1) Planning area jurisdiction is de- councils In order to provide planning statutory or other authority for planning termined by consideration of the follow- services. purposes. Assistance to a county having ing factors: (I Areaide planning organizations. a population of over 50,000 within a (1) The planning area jurisdiction for Areanide planning organizations are metropolitan area, will be made only if a metropolitan area should include the eligible applicants if the State has for- planning for such a county is coordinated Standard Metropollfan Statistical Area mally delegated them responsible for the with planning for the metropolitan area (SMSA) plus any contiguous county or administration of such planning assist- of which it is a part and with prior HD counties now urbanized or likely to be- ance. approval. come urbanized in the foreseeable future. (ili) With the approval of the Secre- (iii) Any group of adjacent communi- Where feasible, contiguous SNISA's tary of Interior, State multitribal or- ties, either incorporated or unincorpo- should be included in the same metro- ganiztions representing more than 50 rated, having a total population of less politan areawide planning jurisdiction. percent of the reservations within a than 50,000 according to the latest decen- Where the State has established subssate State which have been delegated author- nial census. The group's planning juris- planning and development areas, or dis- ity by member organizations to conduct diction must be the entire area having tricts, the boundaries of proposed area- planning activities on their behalf. such problems. Insofar as feasible, the wide planning jurisdictions should con- (iv) Tribal planning councils or other boundaries of the planning area must form to the State-designated areas. tribal bodies which may apply through conform to the jurisdictional boundaries (ii) The planning area jurisdiction for the eligible State agency or directly to of the general local governmenif com- a nonmetropolitan area musf include HUD. prising the group. one or more counties and one or more (3) Financial support. Funds and (iv) General purpose local govern- other units of general local government. services of the Bureau of Indian Affairs ments, regardless of population size, in but may not include any portion of any or of any other Federal agency are not redevelopment areas or Economic Devel- SMSA. Where the State has established eligible as a portion of the non-Federal opment Districts designated by the Sec- substate planning and development share of cost of the assisted planning retary of Commerce under title IV of the areas, or distrlcts, the boundaries of pro- program. Public Works and Economic Develop- posed areawide planning jurisdictions (c) Federally impacted areas. (1) In- ment Act of 1965; Iocal Development should conform to the State-designated tent: To provide financial assistance to Distriefs in accordance with the Appa- areas. federally impacted areas to plan adjust- - lachian Regional Development Act of (2) Areawide planning organizations ments occasioned by Federal impacts 1965. must meet the HUD areawide planning upon the economic, social, physical and (v) Metropolitan and nonmetropoli- requirements in accordance with HUD governmental structure occasioned by tan areawide planning organizations. 6415 Issuance Series. (1) Rapid urbanization due to the es- (vi) Indian reservations, disaster (c) Application submission. Metropol- tablishment of rapid and substantial ex- areas, and federally impacted areas. itan planning agencies and nonmetro- pansion of a Federal installation, or for (b) For State Community Develop- politan organizations of local elected areas where rapid urbanization is ex- ment Services. The State agency desig- officials may apply directly to the appro- pected to result on land developed or to nated by State law or the Governor is priate HUD office for Comprehensive be developed as a new community under responsible for conducting Community Planning Assistance. Nonmetropolltan title VII of the Housing and Urban De- Development Services. The services areawide planning aencies Which are velopment Act of 1970. should be based on a multidisciplinary not organizations of local elected offl- (11) Substantial reduction in employ- staff of specialists in the State planning cials, shall apply to the eligible Sthte ment opportunities as the result of: agency, other State agencies or instru- agency. HUD prefers that all nonmetro- (a) The closing tin whole or in part) mentalities, and, where appropriate, in- politan agencies apply through the eli- of a Federal installation, or clude consultanf support. gible State agency so that the State may coordinate and package programs, .(b) A decline in the volume of gov- § 600.37 Provision of planning assist. thereby eliminating duplication of effort ernment orders for the procurement of- ance to localities by areawide plan- and inefficiencies in processig. articlea or materials producqd or manu- ning organizations. factured in the area. The actual or fore- Metropolitan and nonmetropolitan § 600.45 Assistance to large cities. seen change in employment over a 2- year period must be at least 5 percent of areawide planning organizations, with On belalf of a city within a metro- - the approval of the State agency (or politan area, and having a population of the prelmpact level. Governor of the State), may also provide 50,000 or more, eligible applicants are: (2) Eligible applicants shall be official local planning and management assist- (a) The Office of the Chief Executive, governmental planning agencies. ance to any of the recipients listed in (i.e., the mayor), the preferred applicant; (d) Disasterareas. (1) Comprehensive § 600.36(a) (other than the federally or Planning Assistance may provide finan- impacted areas) within the respective (b) The agency designated by the cial assistance to plan for the recovery areawide planning jurisdictions. chief executive, provided applications from disaster. Any city, other municipal- § 600.40 Grants for areawide planning are endorsed by the chief executive. ity or county which is designated by the and management assistance. § 600.50 Planning and nianagentcnt as- President as a "major disaster area" in sistance for other applicants. accordance with the Disaster Relief Act (a) Eligible applicants.Areawide plan- of 1970 may apply for a.sistance. HUlD ning organizations include metropolitan Planning and management asitance prefers that such areas apply through planning agencies and nonmetropolitan may also be provided for the following: the eligible State agency.

- FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 2668 RULES AND REGULATIONS (2) Eligible applicants are.official gov- able to all racial, ethnic, and socio- Urban Development Act of 1934, a ernmental planning agencies with plan- economic groups; amended. ning responsibility for jurisdictions in (5) Special problems of minority §600.58 Ineligible aetivitles: All as. the disaster area. groups in securing adequate housing; sisted agencies. (3) Application submittal: Applica- (6) Obstacles to the provision of ade- tions shall be submitted within 180 days quate housing for all groups and citizens, (a) Applicants, as part of their asu- after an area Is designated by the Presi- including obstacles in regulations, build- sisted Comprehensive Planning work, dent as a disaster area. ing codes and zoning regulations, inspec- may not include the following: (4) Coordination: All applications tion practices, public services, private (1) Project design and engineering; submitted for Comprehensive Planning sector production capability, and housing (2) Routine administration not di- Assistance disaster relief must be re- sales and rental practices; rectly connected to the grant; viewed and commented upon by the des- (7) The availability of sites for Vari- (3) Political activities; and Ignated State disaster relief agency, if ous types of housing for all people, es- (4) Assistance to businesses in relo- such an agency exists, as prescribed in pecially low- and moderate-income per- cating to the detriment of communitie; section 206 of the Federal Disaster Relief sons, and the adequacy of sites relative where businesses currently are located Act of 1970. Also, any assisted planning to employment, education, transporta- and assistance to subcontractors in ac- work leading to short range actions for tion commercial facilities, and other pub- quiring business customarily performed recovery from the disaster should be co- lie services, and to suburbs and central by other subcontractors. ordinated with the State between State cities; Subpart B--Special Requirements planning agencies and State disaster re- (8) The capacity of governmental lief agencies. agencies and private organizations for § 600.60 Purpose. § 600.55 Eligible activities: All assisted implementing housing action plans, and The purpose of this subpartb . to do- agencies. the adequacy of laivs and public policy scribe special requirements that aPpll- to stimulate needed housing production; cants must comply with to receivo Com- Applicant, as a part of their assisted (9) The impact of current and pro- prehensive Planning Assistance. Comprehensive Planning work, may: posed housing projects on patterns of (a) Support and strengthen State and racial concentration; § 600.65 Environmental consilertiloti. local government chief executive man- (10) The extent to which current and HUD requires that planning activitiea agement capability including: proposed housing projects of varying in- funded under the Comprehensive Plan- (1) Improving the chief executive's come levels are distributed throughout ning Asistance Program be conducted in ability to establish goals, objectives and the planning area; full accord with the policies and provi- policies, allocate resources, evaluate pro- (11) The Federal, State, and local sions of the National Environmcntal Pol- grams for achieving objectives, devise programs which might be utilized to icy Act of 1969 (Public Law 91-190). methods for obtaining effective public meet the planning areas housing needs; (a) Environmentalgoals. The environ- participation in policy decisions and as- and mental goals of the Comprehensive Plan- sess Program performance; (12) Plans for the promotion of mar- ning Assistance Program are to: (2) Modernizing State and local gov- ket aggregation. (1) Improve and conserve the quality ernmental institutions and areawide (d) Delineate areawide planning ju- of the air, water and earth resource,, fc.r structures to address community devel- risdictions or substate planning juris- the benefit of present and future gener- opment issues and to provide more re- dictions. ations in the planning and shaping of sponsive service delivery systems; (e) Provide technical assistance to manmade environments; (3) Improving governmental systems State and local governments and area- (2) Assure that environmental concern and operations; wide agencies, including technical as- and awareness becomes an integral part (4) Analyzing, recommending and sistance to establish and improve plan- of the comprehensive planning prcc, evaluating fiscal policies and arrange- ning staffs and techniques on a substate sincp comprehensive planning Is a major ments for providing governmental serv- basis. means for accomplishing community de- ices and facilities; and (f) Support State Community Devel- velopment on a sound environmental (5) Establishing a framework for co- opment Services including but not basis; and ordinating intergovernmental planning limited to: (3) Achieve those goals set forth In the and development activities and public (1) Direct technical assistance to local National Environmental Policy Act of and private development. or areawide officials on problems of com- 1969 (section 101), some of which are: (b) Conduct general community and/ munity development; ()"* * * Assure for all Americans or statewide planning and programming (2) Advice on pending development safe, healthful, productive and aestheti- with respect to: decisions; cally and culturally pleasing surround- (1) Development of human, economic (3) Professional studies concerning ings; and natural resources; local development problems, objectives, (ii) " * 0 Attain the widest range of (2) Community development, growth, alternatives, and priorities, and organi- beneficial uses of the environment with- and revitalization policies, including land zation and administrative processes; out degradation, risk to health or safety, use planning and identification of (4) Preparation of technical guides or other undesirable and unintended growth areas, new community develop- and manuals dealing with the planning, consequences; ment sites and areas of critical environ- programing, or management of public (ili) "'0 1 Achieve a balance be- mental concern where development services, facilities, and resources; or sug- tween population and resource use which should be restricted; gesting new approaches to concerns such permits high standards of living and a (3) Housing, transportation, the en- as housing, community relations, or wide sharing of life's amenitles," vironment, public facilities and services, capital improvement programing. (b) Inclusion of environmental plan- health, education, and employment; and (g) Meet and carry out other HUD ning in the comprehensive plannlnyi (4) Historic preservation. programs and procedures such as: process. Each applicant In the develop- (c) Conduct housing work program (1) Workableprogram planning; mental planning aspects of Its assis.&;ted activities with respect to: comprehensive planning work should: (2) All HUD and other Federal plan- (1) Identify salient elements of the (1) Current and projected population ning requirements; natural and the manmade environments, and housing characteristics of neighbor- (3) New community planning; their interrelationship3, and major prob- hoods, communities, and other subareas (4) Preparation of water resources lems and/or opportunities they present of the planning jurisdiction; and flood plain management measures for community development; (2) Income levels of families in the to meet the standards for eligibility (2) Assess those environmental fac- Jurisdiction and its parts; under the National Flood Insurance tors which will: (3) The locatidn and structural and Program; and (i) Minimize or prevent undue dam- other qualities of existing housing; (5) Support for Federal urban growth age, unwise use, or unwarranted pre- (4) The level and quality 9f housing- and development objectives, as provided empting of natural resources and oppor- related -public services presently avail- in section 701(j) of the Housing and tumities;

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 RULES AND REGULATIONS 2669

(ii) Recognize and make prudent al- lation growth is bazed, co that the houaing § 600.75 Equal opportunity require- lowance for major latent environmental needs of both the region and the local com- ments. dangers or risks (e.g. floods, mud slides, munities studied In the planning will be adequately covered In terms of existing and (a) All planning assisted under the earthquakes, air and water pollution); prospective in-migrant population growth. Comprehensive Assistance Program is and subject to the provisions of: (iii) Foster the human benefits obtain- Mb)HUD requires that each assisted (1) Title VI of the Civil Rights Act able from use of the natural environ- State, areawide agency and large city of 1964, which provides that no person ment by wise use of the opportunities (over 50,000 population) include a hous- on the grounds of race, color or national available (e.g. use of natural drainage ing work program in Its Overall Program origin shall be excluded from participa- systems for park and recreational Design and that each local planning as- tion in, be denied the benefits of, or be areas); and sistance recipient include a housing ele- subjected to discrimination under any (3) Seek, under the above policies and ment in its comprehbensive land use plan. program or activity receiving Federal goals, to: The housing element or program must be financial assistance. (i) Avoid adverse environmental im- coordinated with the other planning and (2) Title VIII of the Civil Rights Act pacts on neighborhood or community management activities Identified in the of 1908, which provides that it is the areas through the planning and careful work program policy of the United States to provide, location and development of community (c) The housing goals of the Compre- within constitutional limitations, fair facilities; hensive Planning Assistance Prog-ram are housing throughout the United States, (ii) Provide environmental amenities requirements and include the following: and requires the Secretary of HUD to to all areas being planned for, and access (1) To assure that housing concerns administer the Department's programs to such amenities; and and needs become an integral part of and activities in a manner affirmatively (iii) Equalize the impact and burden the community planning and manage- to further the policies of title VIIM of community change and development ment process; (3) The Equal Employment Oppor- on living areas, rather than concentrate (2) To eliminate effects of past dis- tunity clause contained n Part ]I- them in areas where "sites are cheap"; crimination in housing based on race, Terms and Conditions, Comprehensive and color, religion, or national origin and to Planning Grant Agreement, which pro- (4) Incorporate State environmental provide safeguards for the future; (3) To develop housing vides that the grantee "shal not dls- policies and standards, particularly those growth poli- criminate against any employee or ap- developed in response to Federal law cies which would insure the provision plicant for employment because of race, regarding protection on air and water of an adequate supply of housing, a color, religion, sex, or national origin" quality and control -nd abatement of variety of housing types, and proximity and will take affirmative action to en-. noise. of housing to jobs and daily activities; sure equal opportunity in its employment (c) Environmental assessment. Each and (4) To provide a decent practices. applicant shall prepare an environmen- residential (b) Each applicant must: tal assessment when the assisted work environment throughout the planning area by ensuring that all housing (1) Submit In its application pack- program results in developmental plan- re- age, a Statement of Assurance of Com- ning policies such as for land use de- ceives a proper and. equitable delivery of public facilities and services. pliance With Title Vr, HUD Form 41901. velopment and arrangement, major com- (2) Indicate In the Overall Program munity facilities and utility and trans- (d) Each agency's housing work pro- gram must be included as a part of its Design thoze work activities which will portation systems. This environmental contribute to correcting .the effects of assessment shall: Overall Program Desqgn. The housing work program must be coordinated with past discrimination and the manner in (1) Include the following: which they will do so, and describe how (i) The environmental impact the other planning and management ac- of the tivities indentifled in the agency's annual thoze work activitie3 that relate to the proposed action, work program. provision of opportunities, services and (ii) Any adverse environmental effects (e) The housing work program shall facilities will benefit residents of the which cannot be avoided should the pro- analyze the existing housing market in planning area on a nondiscriminatory posal be implemented, terms of supply and demand by user basis. (ii) Alternatives to the proposed group. The work program shall further (3) Comply with Equal Employment action, identify: Opportunity Requirements in accord- (iv) The relationship between local (1) Needs met by private market; ance with HUD's Notice of Grant Award short-term uses of man's environment (2) Needs met with public assistance; and Guide Form of Contract for Per- and the maintenance and enhancement and sonal Services (see Comprehensive Plan- of long-term productivity, and (3) Needs not being met. ning Assistance Handbook-i, CPM. (v) Any irreversible and irretrievable (f) The housing work program shall: 6042.1A). Each applicant and recipient commitments of resources which would (1) Identify and analyze the need, must take aifirnative action for equal be involved in the proposed action should problems and opportunities for the con- employment opportunity. it be implemented. struction, conservation and rehablta- (c) States providing plannin- and tion of all housing of the planning management services to local govern- (2) Be appended to the resulting pro- and areawide planning organiza- posed plan and accompany the plan jurisdiction; ments through all deliberations leading to ap- (2) Define strategies and specific steps tions shall obtain from them sim ar as- proval and subsequent amendment; by which housing needs, and Its related surance of compliance with equal oppor- and tuity requirements and, on a continuing (3) Be available to the public on a public services and facilities, can be met through responsive governmental pro- basis, evaluate their performance in ful- timely basis, including availability before filling the conditions of such assurance. public hearings regarding the plan. grams and private action; (3) Establish housing planning, pro- § 600.80 Citizen involvement. § 600.70 -Required housing element. graming and technical services where (a) HUD requires citizen involvement (a) Section 701(a) of the Housing Act there are none; and in programs acisted under the Compre- of 1954 provides that: (4) Be coordinated with and build up- hensive Planning Assistance Proram. Planning carried out with assistance under on the housing efforts of other public Specific techniques for securin- citizen this section shall also include a housing ele- and private agencies having housing pro- involvement are not imposed, buit all ap- ment as a part of the preparation of com- grams and coordinated with all units of plicants are rezponsible for: prehensive land use plans, and this con- government within the planning area. (1) Ensuring that comprehensive sideration of the housing needs and land use requirements for housing in each com- (g) The housing work program, in- planning Is responsive to the needs of prehensive plan shall take into account all eluding any zoning and subdivision legis- citizens within the planning jurisdiction; available evidence of the assumptions and lation prepared or revised using Com- (2) Reporting on the various means statistical bases upon which the projection prehensive Planning Assistance, must employed to ensure that assisted activi- of zoning, community facilities, and popu- promote equal housing opportunity. ties are responsive to the citizens; and

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 No. 24 -Pt. 1-5 2670 RULES AND REGULATIONS

(3) Selecting means of obtaining citi- (b) Notification of the appropriate (c) An annual work program sum- zen involvement that can be evaluated designated clearinghouse(s) of the in- mary which Identifies the objeotives of according to the following performance tent to submit an application consistent the proposed program and which sum- criteria in paragraph (b) of this section. with 0hB Circular. A-95. Submission of marizes, by objective, the cost of work In- (4) Including a Statement of Citizen a copy of a draft Overall Program De- volved in pursuing each objective. Involvement in each Progress Report sign to other agencies for coordination (d) An annual grant budget which called for by HUD. Such statement shall purposes is required by § 600.150. shall be the basis for fiscal audit of th' identify specific activities undertaken to (c) Submission of a preliminary ap- grant. meet the criteria in (b) of this section plication upon request to the appropriate (e) Applicants may be requested to and shall show the relation between the HUD Area Office. This should be ac- provide more information rcgarding activities and the basic objectives of the complished well in advance of expiration such items as legal status, geographic applicant's Overall Program Design. of any current grant. area, etc., as deemed necessary by HUD. (b) Tie following criteria will be used (d) Holding a negotiation conference This will generally only apply to agen- to measure the citizen involvement re- with HUD officials. The chief executive cies applying for the first time. Support- quired by paragraph (a) of this section: (i.e. Governor, mayor, or city or county ing documentation need not be submitted (1) Extent of interaction and involve- executive) or the highest officer on the with each application package except ment. Meaningful and effective com- areawide policy body shall be repre- where changes have occurred and, then, munication works both ways: citizens, sented at the negotiation conference. only the changes need be tubmitted. in addition to being informed, should be (e) Resubmission of the application (1) A brief statement of the appli- able to respond. They should have the with changes as agreed upon following cant's organizational characteristics, in- opportunity to help initiate and imple- the negotiation with HUD officials. cluding policy board composition and ment plans, as well as react to proposals. (f) Receipt of approval of applica- representation for areawIde planning Communication and interaction between tions and notifications from HUD of the organizations as descrlbed in the I-IUD citizens and the grantee should be grant award which the applicant accepts 6415 Issuance Series. Also included continuous. by legally authorizing and executing the should be the agency's staffing profile by (2) Access to the decision making Notice of Grant Award and returning type, number and racial composition of process. The grantee should provide citi- two executed copies to the appropriate staff positions, authorized and filled, snd zens with clear and direct access to the HUD office. by salary range for each. decision making process. Citizens should (g) Forwarding of a fully executed (2) A copy of all A-95 review com- be involved when goals, objectives, pri- copy will be forwarded to the applicant ments (and any other review commentO .orities, and policies are formulated. They following HUD's execution of the Notice received regarding the proposed Overall should help develop methods of com- of Grant Award. No Federal funds will Program Design. munication that are effective in reach- be released under the grant until the (3) A signed copy of "Assurance of ing people. Meeting places and times Notice ofGrant Award is fully executed. Compliance with Department of Housing should be widely publicized on a regular § 600.95 Applications by States. and Urban Development Regulations un- basis. der title VI of the Civil Rights Act of (3) Improving communcation tech- States are required to submit a single 1964." (HUDForm 41901). application (Overall Program Design) niques. Effective communication pro- § 600.105 Overall Program Design. duces information that is readily avail- including statewide planning, nonmetro- politan assistance and local planning and Each applicant shall prepare a con- able, timely, and easily understood by management services. Grant citizens. All grantee's information per- assistance cise Overall Program Design (OPD) taining to the activity (except when the shall cover a 12-month work period. which shall be the major part of Its ap- disclosure of such information would be States may request separate grants based plication. The Overall Program Design Is upon one Overall Program Design, but a multiyear work program statement a breach of public trust) should be avail- there must be only one able to citizens upon request. Informa- grant recipient which focuses on specific objectives to be per State even though there may be achieved by the applicant. The OPD tion should be provided on a continuous more than one grant. The basis and sufficiently in advance of pub- grant shall be covers a minimum of 3 years and must be lic decisions to permit a thorough citizen made to the governor's office or designee, annually updated. The first work year who shall be the single responsible party includes the major work elements to be review of the proposals and an opportu- HuD nity to react. Grantees should relate to for the total grant, , assisted under the annual grant. This technical data and other professional § 600.100 The application package. comprises the annual work program. Tihe material to the average neighborhood second and third work year of the OPD Applicants must use a standard appli- need not include a description of major resident so that he understands the im- cation package in applying for Compre- pact of public programs, available op- work elements and estimated costs by hensive Planning Assistance. The appli- program objectives. The OPD includea tions, and alternative decisions. When the cation package includes: lack of technical resources is a barrier to all major planning and management (a) A letter formally requesting grant objectives to be undertaken by the Pp- effective citizen involvement, the plan- assistance which should identify the ning agency should provide citizens with plicant, not merely those assisted by grant amount being requested and any HUD and provides the applicant and technical assistance to enable them to changes affecting the legal status of the make knowledgeable decisions. HU) with a base line for evaluation of applicant since its last application. The performance. Subpart C-Procedural Requirements letter shall be signed by the chief elected (a) Format. The following program official (governor, mayor, city or county § 600.85 Purpose. format provides for the presentation of executive) or, in the case of areawide the applicant's problems, opportunities, This subpart sets forth the procedures planning organizations, be signed by the goals and achievable objectives. This required of agencies requesting a Com- highest policy officer or be accompanied format is prescribed unless the HUD prehensive Planning Assistance grant. by a resolution from the governing body. (b) An Overall Program Design which Area Office approves a different work for- § 600.90 Steps for application submis- includes the annual work to be assisted. mat which yields essentially the same sion, negotiation, and approval. (See § 600.105.) The following are re- data outlined below. The following are the basic steps in the quired to prepare a brief and concise (1) Program categories. Each pro- process of submitting application pro- Overall Program Design: gram category, which represents a gen- posals: (1) State agencies. eral planning and management activity, (a) Notification of the appropriate (2) Areawide planning organizations, shall include: HUD Area Office Director of the inten- tion to submit an application for Com- including both metropolitan and non- () The title and reference number of prehensive Planning Assistance. This metropolitan planning organizations. the program category (e.g., 100.0 notification procedure refers primarily (3) Cities having a population of Growth and Development or 200.0 Ex- to agencies applying for the first time. 50,000 or more. ecutive Management.)

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 RULES AND REGULATIONS 2671

NloTn: A separate program category for State Community Development Services; given to the general goals of the Com- general administration may be included in and munity Planning the and Management As- Overall Program Design; (c) A nonmetropolitan areawide plan- sIstance Program as stated in § 600.5. (ii) A brief description of the key is- ning section that identifies a strategy of (b) Identify the criteria to be used in sues, problems and opportunities covered goals and achievable objectives for as- establishing priorities among localities by each category; and sisting nonmetropolitan planning areas. requesting planning and management (iii) A brief statement of program This strategy shall include how the State services (and for determining the par- category goals. agency will select, monitor and evaluate ticular mix of planning and management (2) Programsubcategories. Each pro- nonmetropolitan arawide programs to services to individual localities). gram subcategory shall include: be assisted or serviced. (c) Describe the procedures to be fol- (i) The title and reference number § 600.120 Summary of local planning lowed in assisting localities. of the program subcategory (e.g., 100.1 and nmanngement assistance pro- d) Provide for the accomplishment Land Use or 200.1 Policy and Program cedures. of paragraphs (a) through (c) of this Development); section and of § 600.128 with the coopera- (i) A brief statement of specific or The following describes procedures tion of the locality. State Community measurable program objectives to be which States must employ for managing local planning Development Services may be employed achieved in addressing issues, problems and management assist- as the vehicle for making the determina- - and opportimities; ance. It is HUD's intent to give States tions and accomplishing the work in- (iII) A brief identification of major major responsibility and discretion for volved in making them. work elements to be conducted in achiev- administering a program of local plan- Ing objectives of the first work year of ning and management services, with § 600.128 Considerations in State as- the Overall Program Design. To the ex- flexibility as to the selection of services sistance to localities. tent possible, this would include deliver- and the recipients to be assisted. The an- In determining the nature and extent able end products and anticipated results nual grant will support a State program of assistance to be provided to any local- of work; of planning and management services Ity, the Overall Program Design shall (iv) Estimated manpower costs and responsive to the key problems of local with the cooperation of the elected offi- man months required for each programu governments. HUD's main concern will cials of the locality: objective. This should be with the State's planning and man- (a) Identify and analyze their key be identified by agement agency staff, other public agency or con- program, rather than with spe- Issues, pressing problems, needs, prior- sultant; and cific activities undertaken on behalf of ities, opportunities, and objectives; (v) Identification of funding source individual recipients. (b) Identify the public and private or- for (a) Application submission, After the ganizations, agencies and each subcategory. HUD Office has Identified a bench programs at (b) Related data. The following shall mark the various levels of government having be included with each Overall Program grant figure, the State agency may sub- an impact on the localities, problems, mit an application, based on which a Issues, etc.; Design: single total amount of assistance for local (1) A bar chart identifying a time (c) Evaluate their previous planning planning and management services will efforts and progress; schedule for completing objectives over be negotiated. the time period covered by the Overall (d) Identify their housing problemr (b) Grant coverage.The grant amount and the status of their housing planning Program Design; for local assistance normally will be in- (2) A brief statement which describes cluded in the State annual grant and will efforts, including housing opportunities how the applicant will coordinate its for all income groups; appear as a single subtotal in the annual (e) Identify their environmental work with related work being performed grant budget (Form HJD-6703, Re- by other agencies; and problems; vised). A separate grant covering local (f) Meet (3) A brief description of how the ap- assistance and services may be requested, Workable Program, Reloca- plicant will communicate and interact ,provided a single OPD covering state- tion and similar planning requirements, with citizens through its planning wide planning and local assistance and Ifs~sted desirable locality; or advantageous to an as- process. services is presented to HUD. (g) Secure other local background Subpart D-Staie'Procedures (c) Eligible recipients. Eligible recip- for Local ients request Community Planning and data as necesary for dealing adequately Planning and'Management Services Management with their Issues, problems and oppor- Assistance from the State tunites; and § 600.110 Purpose. agency at times and in the manner estab- lished by the State. Unless otherwise pro- (h) Evaluate the localities fulfaiment This subpart sets forth procedural hibited by State law, services should b of the conditions of the Statement of xequirements by which States submit made available to the locality's chief Assurance consistent with § 600.75. Overall Program Designs for statewide executive official. Such offlcials, or thelr § 600.130 Negotiations with HUD. planning and assistance and services for designees, localities and nonmetropolitan planning should be the locally respon- State negotiations with HUD will focus sible party and should have agreed on on: areas. the manner in which services are pro- § 600.115 State Overall Program Design. vided. (a) Relevance of the proposed pro- (d) Expenditure of funds. The grant gram to specific statewide objectives and State Overall Program Design must be critical problems of local recipients; presented in the format defined in Sub- will be available to the State agency only for the duration of the project period. (b) Past State agency performance in part C, or in an approved substitute for- managing the program, and achieving mat. A State OPD must include the fol- (e) Commitment of funds. After re- ceiving from HUD the formal notification objectives; lowing: (c) Recipient performance and prog- (a) A statewide of grant approval, the State agency may planning and man- commit and/or expend funds effective ress; and agement section that identifies statewide planning and management with the beginning of the project period (d) State capability for providing a objectives to and without further HUD concurrence. variety of planning assistance and be achieved. services. (b) A local planning and management § 600.125 Design of the State program services section that reflects local issues for localities. § 600.135 State agency review and and identifies a strategy to achieve goals The State's planning and management evnluation. and objectives for local services. This services program shall be set forth in its Tne State agency must review the strategy shall include how the State Overall Program Design and shall: planning activities of recipient areas on agency will select, monitor and-evaluate (a) Describe the objectives of the a continuing basis. The following spe- the local communities and agencies to be State's planning and management serv- cific items must be reviewed: assisted. This section shall include all Ices program. In establishing these ob- (a) The quality of the local planning services to local governments, including jectives, due consideration should be .work performed;

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 2672 RULES AND REGULATIONS

(b) The timeliness of the work per- and review of planning and management EDD must submit a copy of Its Overall formance; programs proposed for assistance. Program Design to the regional offce oi (c) The recipients' coordination ef- § 600.160 0MB Circular A-95 coordina. the Economic Development Administra- forts; tion procedures. tion, U.S. Department of Commerce, (d) The quality of the citizen in- In accordance with HUD procedures (d) Each areawide planning organlsm- volvement in the planning effort; tion designated as a local development (e) The value of the planning work set forth in HUD Handbook CPM 6041.1A, district (LDD) must submit a copy of it. In improving the chief executive's man- "Comprehensive Planning Assistance: Overall Program Design to the central agement capability; and Requirements and Guidelines for a office of the Appalachian Regional (f) The recipient's compliance with Grant", and Office of Management and Commission. Equal Opportunity Requirements. Budget Circular A-95 guidelines and pro- cedures, established pursuant to section (e) Coordination between areawide Subpart E-Evaluation and 204 of the Demonstration Cities and Met- planning organization and largo cltie,,. Coordination Procedures ropolitan Development Act of 1966, and Executive bodies of areawilde planning Title IV of the Intergovernmental Co- organizations and the chief executive 600.140 Purpose. operation Act of 1968, planning agencies officials of cities over 50,000 population This subpart sets forth procedures re- must notify the State, regional or metro- within the areawide Jurisdiction must quired to assure the evaluation of pro- politan clearinghouse of the intent to exchange draft Overall Program DcsignsJ grams and the coordination of assisted submit an applicant for HuD Compre- for comment by the reciprocating ofice. planning among agencies and govern- hensive Planning Assistance. Referral by the applicant areawido or- mental levels which may enhance or be (a) The application notification will ganization to the city executive and by affected by such planning. include a summary description of the applicant cities to their areawide orgai- zation Is required In any case. § 600.145 Evaluation and review. work to be funded containing the fol- lowing information: Effective date. This regulation Is effec- Certain evaluation and review proce- (1) The identity of the applicant tive upon publication in the FOnDIAL dures are established. agency; REGISTER (2-4-72). (a) Evaluation. Required monitoring (2) The geographic location of the and reporting activities are defined in project to be assisted; SA~aunL C.JAVllS0oU, Chapter A of HUD Handbook CPM (3) A brie] description of the work to Assistant Secretary for Com- 6042.1A "Comprehensive Planning As- be funded under the grant; munity Planning and Man- sistance Handbook II" (July 1971). With (4) The Federal program and agency agement. the Annual Program Completion Report under which assistance will be sought; [FR Doc.72-1677 PlIed 2-3-72;8:49 am] described therein and required to be sub- and mitted, applicants must include a brief (5) The estimated date by which time evaluation statement that relates the the applicant expects to formally file an following: application. Title 32-NATIONAL DEFENSE (1) Agency progress in meeting the (b) When a State's applicant for Com- Overall Program Design objectives; prehensive Planning Assistance is not the Chapter XVIII-Office of Civil Dofonso, (2) Changes or impacts resulting from designated State clearinghouse, the ap- Office of the Secretary of the Army the agency's assisted work on the social, plicant agency shall notify the clearing- PART 1801-CONTRIBUTIONS FOR physical, environmental, and govern- house agency of its intention to submit mental aspects of the planning jurisdic- an application. CIVIL DEFENSE EQUIPMENT tion; and (c) Interstate Regional Commissions Construction (3) Outstanding achievements, such submitting applications for a HlD Com- as new governmental policies and pub- prehensive Planning Assistance grant Part 1801 of Chapter 20VI of Title 32 lic and private actions taken resulting shall notify the Governors' and/or the of the Code of Federal Regulations It from the agency's work. designated State clearinghouse(s) of amended by addition of a new section, (b) HUD review of agency evaluation. their intent to apply to HUD. reading as follows: HUD review of evaluations made by as- (d) Applicants must notify the appro- § 1801.12 Construction. sisted applicants will be reported and priate State, regignal and metropolitan discussed at the time of negotiations con- clearinghouses well in advance of the (a) Facility selection. When feasible, cerning new applications. This review HUD negotiations conference. In no in- the State or political subdivision, in pro- will cover prior work and proposed work stance will applications be processed viding for civil defense needs must makeM as presented in a new application. The without having fulfilled the A-95 re- use of (1) existing facilities, or (2) a quirements. facility which is to be acquired or con- review will cover: structed for a principal function other (1) The quality of work performed; § 600.170 Overall Program Design re- than civil defense (e.g., municipal office (2) The quality of proposed updating view. building, courthouse, police or fire sta- in the Overall Program Design and ap- (a) In addition.to the A-95 review, re- tion). OCD may contribute toward such plicant objectives; ferred to in § 600.160, assisted agencies of the planning, design, construction, and (3) The technical competence of ap- should submit a draft copy of the Overall equipment costs as It determines to be plicant staff and consultants in complet- Program Design to agencies likely to be directly attributable to use of a portion of ing previous' work and in relation to asked to implement portions of the plans the facility for civil defense functions proposed work;. and programs; and to State, areawide, (e.g., inclusion of an Emergency Operat- (4) The adequacy of the applicant's local and Federal agencies and private ing Center in the basement area of a administrative, fiscal and accounting agencies expected to contribute cash or courthouse). When neither of these two procedures; and services to thb planning effort. alternatives can be effected, OCD will (5) For States, the applicant's ability (b) Each nonmetropolitan areawide consider requests for financial contribu- to identify and respond to needs of com- planning organization must submit a tions toward the costs of planning, munities, to schedule and complete work copy of its Overall Program Design to the designing, constructing, and equipping a In timely fashion and to maintain effec- chairman of the State Rural Develop- facility which is determined by OCD to be tive management of local assistance and ment Committee of the U.S. Department required principally for civil defenie services. of Agriculture, in accordance with agreed functions. upon procedures between the State plan- (b) Environmental considerations. § 600.150 Coordination and intergovern. ning agency and the State rural mental review procedures. develop- OCD contributions towaxd the costs of ment committee. planning, designing, constructing, and The following procedures required by (a) Each areawide planning organiza- equipping a facility which lq determined §§ 600.160 and 600.170 are established to tion designated as -n economic develop- by OCD to be required principally for assure intergovernmental coordination ment district (EDD) or adjacent to an civil defense functions are subject to the

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 RULES AND REGULATIONS 2r13 requirements of the National Environ- within a reasonable period of time prior Work Hours and Safety Standards Act mental Policy Act of 1969 (NEPA) (42 to displacement, decet, safe, and sanl- (40 U.S.C. 327 et seq.). See OCD regula- U.S.C. see. 4332) including the require- tary replacement dwellings will be avail- tions at Part 1808 of this chapter and ment of section 102(2) (C) of NEPA for able to displaced persons in accordance regulations of the Secretary of Labor at a detailed environmental statement with section 205(c) (3) of the Relocation 29 CFR Parts 3,5, 5a, and 1518. where the action is a major action sig- Act; and (iv) the affected pcons will (e) Civil rights.In addition to the pro- nificantly affecting the quality of the hu- be adequately Informed of the available visions of title VI of the Civil Rights Act man environment. Before making the benefits and the policies and procedures of 1964 (42 U.S.C. 2000a et sEq.), as final selection of a site for a facility relating to the payment of these benefits. amended, and implementing regulations, which is determined by OCD to be re- (2) Until July 1, 1972 the assurances applying to federally assisted programs, quired principally for civil defense func- are required only to the extent the re- contributions for projects involving con- tions and for which OCD is requested quirements can legally be met. The as- struction are subject to compliance with to make a financial contribution toward surances of the State or political sub- the provisions of Executive Order 11246 any of the planning, design, construc- division shall be accompanied by a dated September 24, 1965, as amended, tion, and equipment costs, the State shall statement in which It specifies any pro- regarding equal employment oppor- assess the environmental consequences visions of the assurances which it is nlty. See OCD regulations at Parts 1811 of the proposed action. Such ossessment legally unable to provide in whole or in and 1812 of this chapter and regulations will be made in accordance with guid- part. In the event a State or political of the Secret2ry of Labor, including those ance, including regulatory material, fur- subdivision maintains that it Is legally appe ring at 41 CFA Part 60-1. nished by OCD (such as the guidelines unable to provide all or any part of the ) Bonding and insurance. In con- of the Council on Environmental Qual- required assurances, Its statement shall tracting for construction or facility im- ity). 1f it is determined that the action be supported by an opinion of Its chief provement covered by a contributions is not a major action significantly af- legal official The opinion shall contain project application, the State or political fecting the quality of the human environ- a full discussion of the Issues involved, subdivision, as the case may be, shall ment, the assessment will be reducd to and shall cite legal authority in support follow Its own requirements relating to writing and made -an attachment to the of the conclusion of leal inability to pro- bid guarantees, performance bonds, and project application for inclusion in the vide any part of the required assurances. payment bonds except for contracts ex- review process. If it is determined that On or after July 1, 1972, all the assur- ceeding $100,000. For contracts exceed- the action is a major action significantly ances, applicable to all persons to be dis- ing $100,000, the following minimum re- affecting the quality of the human en- placed, must be provided OD prior to quirements shall be met: vironment, the State shall prepare a its approval of the project application. (I) Obtain from each bidder a bid draft environmental impact statement (3) Compliance with sections 301 and guaranteed equivalent to 5 percent of and process it in accordance with guid- 302 of the Relocation Act is required the bid price. The bid guarantee shall ance furnished by OCD, which state- where legally possible under State law. consist of a firm commitment such as a ment will accompany the project In providing the assurance that it will bid bond, certified check, or other nego- application through the review process. be guided to the greatest extent practica- tiable instrument accompanying a bid (c) Real property acquisition. (1) ble under State law, by the land acquisl- as assurance that the bidder will, upon 'When acquiring real property for a facil- tion policies in section 301 and the pro- acceptance of his bid, execute such con- ity which is determined by OCD to be visions of section 302 of the Relocation tractual documents as may be required required principally for civil defense Act, if the State or political subdivision within the time specified. functions and for which OC) is re- indicates it is unable to comply fully, (2) Obtain a performance bond for quested to make a financial contribution its statement shall be supported by an 100 percent of the contract price to se- toward any of the planning, design, con- opinion of Its chief legal officer contain- cure fulfillment of all the contractor's struction, and equipment costs, the State ing a full discussion of the issues involved obligations under the contract. or political subdivision, as the case may and citing legal authority in support of (3) Obtain a payment bond on the be, will be guided, to the greatest extent its conclusion. part of the contractor for 100 percent of practicable under State law, by the land (4) The cost to the State or political the contract price to assure payment as acquisition policies in section 301 and subdivision in providing payments and required by law of all persons supplying the provisions of section 302 of the Uni- assistance pursuant to sections 206, 210, labor and material in the execution of form Relocation Assistance and Real 215, and 305 of the Relocation Act shall the work provided for in the contract. Property Acquisition Policies Act of 1970, be included as part of the cost of the (64 Stat. 12O, 1255, 0 U.S.C. App. 2281; 2253; Public Law 91-646, 84 Stat. 1894 (herein- OCD approved project, and shall be ncorg. Plan No. 1 of 1958 as amended, 72 after referred to as the Relocation Act) eligible for a -financial contribution in Stat. 1799-1801, 23 P.R. 4991; EO. 10952, as and property ownerswill be paid or reim- amended, 26 P.R. 657; Delegation of Author- the same manner and to the same ex- Ity Reg-,ardlng Civil Defense Functlons and bursed for necessary expenses as specified tent as other costs of the project, except in sections 303 and 304 of the Relocation EtabUohmcnt of the Offce of Civil Defense, that OCD will pay the first $25,000 of Apr. 10, 19G4. 29 P.R. 5017) Act. No project application will be ap- the cost to the State or political sub- proved for a financial contribution to- division of providing payments and as- Dated: January 26, 1972. ward the costs of planning, design, con- sistance pursuant to the cited sections of struction, or equipping of any facility JoHN E. DAvIs, the Relocation Act on account of any Directorof Civil Defense. which is determined by OCD to be re- acquisition or displacement occurring quired principally for civil defense func- prior to July 1, 1972. No payment or [FR D=e.72-1M68 Filed 2-3-72.8:49 am] tions and for which the acquisition of assistance under section 210 or 305 of the PART 1808-LABOR STANDARDS FOR real property will result in the displace- Relocation Act shall be included as a ment of any person, unless OC) receives project cost if the displaced person re- FEDERALLY ASSISTED CONTRACTS satisfactory assurances from the State, ceives a payment required by the State and where applicable its political sub- law of eminent domain which Is deter- Miscellaneous Amendments division, that the above referenced re- mined by OCD to have a substantially Part 1808 of Chapter X= of Title 132 quirements will be met and that: (i) Fair equivalent purpose and effect and to be and reasonable relocation payments and of the Code of Federal Regulations is part of the cost of the project. amended as follows: assistance shall be provided to or for dis- (d) Labor standards.Contributions for placed persons, as are required to be projects involving construction are sub- § 1808.1 [Amended] provided by a Federal agency under sec- ject to compliance with, the Davis-Bacon 1. In § 1808.1, the first and last sen- tions 202, 203, and 204 of the Relocation Act, as amended (40 U.S.C. 276a-276a- tence3 are amended by substituting the Act; (ii) relocation assistance programs 7) respecting wage rates for federally as- words "29 CFR Parts 5 and 5a" in place offering the services described in section sisted construction contracts in excess of of the words "29 OFR Part 5.' 205 of the Relocation Act shall be pro- $2,000; the Copeland "Anti-Kickback"' 2. In § 1808.3, paragraph (a) Is revised vided to such displaced persons; (iii) Act (40 U.S.C. 276c); and the Contract to read as follows:

-FEDERAL REGISTER, VOL 37, NO. 24-RIDAY, FEBRUARY 4, 1972 2674 RULES AND REGULATIONS

§ 1808.3 Project applications. flcation of a particular class of laborers and mined to be necessary to satify any lOlt- mechanics, including apprentices and ties of such contractor or vubcontr.7tetcr for trainees, to be used, the question accom- unpaid wages and liquidated damnges as pro- (a) The State hereby agrees, as a condi- panied by the recommendation of the con- vided in clause (3). tion of this project application, to conform to tracting officer of the (write in the name of In the event of failuro to pay any lob'w, each and every obligation required on its the State or political subdivision) shall be or mechanic, Including apprenticci ant part by the Federal Civil Defense Act of 1950, referred by the State through the Office trainees, employed by the contractor or iub- as amended (50 U.S.C. App. 2251-2297) and of Civil Defense, Office of the Secretary of contractor in the performance of cotitie- by regulations Part 1808 and guidance ma- the Army' to the Secretary of Labor for final tIon work hereunder, all or pait of ,ho ', terial of the Office of Civil Defense, Office determination. required by the contract, the (write In tho, of the Secretary of the Army as now or here- (ill) The contracting officer of the (write name of the State or political subdiviLhn) after provided. The obligations of the State in the name of the State or political sub- may, after written notice to the contractor, Include without limitation: The requirement division) shall require, whenever the mini- take such action as may be neccss'ry to catuso that the State include, verbatim, in each mum wage rate prescribed in the contract the suspension of any further piyment, ad, contract Involving construction work in ex- for a class of laborers or mechanics Includes vance or guarantee of funds until such vio- cess of P2,000 and cause to be included, a fringe benefit which is not expressed as lations have ceased. verbatim, in each subcontract thereunder, an hourly wage rate and the contractor is (5) Payrolls and baqc records. (i) Fayrll!i the provisions prescribed in § 1808.4(a) of the obligated to pay a cash equivalent of such a and basic records relating thereto will bo Office of Civil Defense, Office of the Secretary fringe benefit, an hourly cash equivalent maintained during the courso of the worL of the Army and cause to be attached the thereof to be established. In the event the and prcerved far a period nf 3 ycrl tblw'. applicable wage determination decision of interested parties cannot agree upon a cash after for all laborers and mechbanie worli~ng the Secretary of Labor; and, In addition, the equivalent of the fringe benefit, the question at the site of the work. Such records will requirement that the State include, verbatim, accompanied by the recommendation of the contain the name and address of each tLuclt In each construction contract in excess of contracting officer of the (write in the name employee, his correct clasification, rates of $10,000, and cause to be included in each of the State or political subdivision) shall be pay (including rates of contributions or cost'J subcontract thereunder, the provisions pre- referred by the State through the Office of anticipated of the types described in sectlon scribed in § 1808.4(b) of the Office of Civil Civil Defense, Office of the Secretary of the 1(b) (2) of the Davis-Bacon Act), daily and Defense, Office of the Secretary of the Army. Army to the Secretary of Labor for deter- weekly number of hours worked, deductl on mination. made and actual wag-s paid. Whenever the (iv) If the contractor does not make pay- Secretary of Labor has found under 20 MiB 3. Section 1808.4 is revised to read as ments to a trustee or other third person, he 5.5(a) (1) (iv) that the wages of any laborer follows: may consider as part of the wages of any or mechanic include the amount of any cc.'t §1808.4 Contract provisions. laborer or mechanle the amount of any costs reasonably anticipated in providing benefits reasonably anticipated in providing benefits under a plan or program described in sece- (a) Each contract involving construc- under a plan or program of a type expressly tion I(b) (2) (B) of the Davis-Bacon Act, the tion work in excess of $2,000 and all sub- listed in the wage determination decision of contractor shall maintain recordi vhich contracts thereunder shall include as a the Secretary of Labor which is a part of this show that the commitment to provide such part thereof the following labor stand- contract: Provided, however, The Secretary benefits is enforceable, that the plan or pro- ards provisions, in completed form, .f Labor has found, upon the written request gram is financially responsible, and that the of the contractor, that the applicable stand- plan or program has been communcated In verbatim: ards of the Davis-Bacon Act have been met. writing to the laborers or mechanics affected, (1) Minimum wages. (i) All mechanics The Secretary of Labor may require the con- and records which chow the costo anticipated and laborers employed by the contractor or tractor to set aside in a separate account or the actual cost incurred in providing such subcontractor in the performance of con- assets for the meeting of obligations under benefits. struction work hereunder will be paid un- the plan or program. (l) The contractor will pubmit wcoly a conditionally and not less than once a week (2) Overtime requirements. (As used in copy of all payrolls to the (wnrlte in the name and without subsequent deduction or rebate this clause, the terms "laborers" and "me- of the State or political subdivision) accom- on any account, except such payroll deduc- chanics" Include watchmen and guards.) No panied by a statement signed by the employer tions as are permitted by the Copeland Regu- contractor or subcontractor contracting for or his agent indlcating that the payrolls are lations (29 CFR Part 3) of the Secretary any part of the contract work which may correct and complete, that the wage ratel of Labor, the full amounts due at time of require or involve the employment of laborers contained therein are not les than thoso payment computed at wage rates not less or mechanics shall require or permit any determined by the Secretary of Labor and than those contained in the wage determina- laborer or mechanic to be employed on such that the claszfications rot forth for eieh tion decision of the Secretary of Labor which work in excess of 8 hours in any calendar laborer or mechanic conform with the work is attached hereto and made a part hereof, day or in excess of 40 hours in any workweek he performed. A submission of a "week'ly regardless of any contractual relationship unless such laborer or mechanic receives com- Statement of Compliance" which is required which may be alleged to exist between the pensation at a rate of not less than 1 V2 times under this contract and the Copeland 1ejtt- contractor or subcontractor and suich laborers his basic rate of pay for all hours worked in latlons (29 CFIB Part 3) of the Secretary of and mechanics; and the wage determination excess of 8 hours in any such calendar day Labor and the filing with the initial payroll decision shall be posted by the contractor at or in excess of 40 hours In any such work- or any subsequent payroll of a copy of any the site of the work in a prominent place week, as the case may be. findings by the Secretary of Labor under where it can be easily seen by the workers. (3) Violations; liability for unpaid wages; 20 R 5.5(a) (1) (iv) shall satlsfy this re- For the purpose of this clause, contributions liquidated damages. In the event of any vlo- quirement. The prime contractor shall be made or costs reasonably anticipated under lation of clauses (1) or (2) the contractor responsible for the submission of copies of section 1(b) (2) of the Davis-Bacon Act on and any subcontractor responsible therefor payrolls of all subcontractors. The contractor behalf of laborers or mechanics are con- shall bd liable to any affected employee for will make the records required under the sidered wages paid to such laborers or me- his unpaid wages. In addition, in the event labor standards clauses of the contract avuil- chanics, subject to the provisions of 29 CFR of any violation of clause (2), such con- able for inspection by authorized repreonta- 5.5(a) (1) (iv). Also for the purpose of this tractor and subcontractor shall be liable to tives of the (write in the name of the St.te clause, regular contributions made or costs the United States (In the case of work under and the polttic)i subdivision, If any); the incurred for more than a weekly period under contract for the District of Columbia 'or a Office of Civil Defense, Office of the Secretary plans, funds, or programs, but covering the territory, to such District or to such terri- of the Army; and the Department of Lanbor; particularly weekly period, are deemed to be tory), for liquidated damages. Such liqui- and will permit such reprezontatives to Intr- constructively made or incurred during such dated damages shall be computed, with re- view employees during working hours on the weekly period. spect to each individual laborer or mechanic job. (ii) The contracting officer of the (write (including watchmen and guards) employed (6) Apprentices and trainces-(i) Apprcn- in the name of the State or political sub- in violation of clause (2), in the sum of $10 flees. Apprentices will bo permitted to wo:r division) shall require that any class of' for each calendar day on which such em- as such only when they are registered, in- laborers or mechanics, including apprentices ployee was required or permitted to work in dividually under a bona fide apprenticeshIp and trainees, which is not listed in the excess of 8 hours or in excess of the standard program registered with D State apprentice. wage determination and which is to be workweek of 40 hours without payment of ship agency which is recognized by the tl- employed under the contract, shall be classi- the overtime wages required by clause (2). reau of Apprenticeshlp and Training, V.I. fied or reclassified conformably to the wage (4) Withholding for liquidated damages Department of Labor; or, if no such rocg- fdetermination, and a report of the action and unpaid wages. The (write in the name of nized agency exdsts In a State, under a taken shall be sent by the State through the the State or political subdivision) may with- program registered with the Bureau of Ap. Office of Civil Defense, Office of the Secre- hold or cause to be withheld, from any prenticeship and Training, U.S. Department tary of the Army to the Secretary of Labor. moneys payable on account of work per- of Labor. The allowable ratio of apprentleej In the event the interested parties cannot formed by the contractor or subcontractor, to journeymen in any craft classification agree on the proper classification or reclassi- such sums as may administratively be deter- shall not be greater than the ratio permitted

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 RULES AND REGULATIONS - 2675

to the contractor as to his entire work force these records available for inspectlon upon up to the number of such apprentices and under the registered program. Any employee request of the Department of Labor and the trainees required by the applicable prevision Ssed on a payroll at an apprentice wage rate, Federal agency concerned. of 23 CPR Sa.5. who is not a trainee as defined In subdivi- (4) The contractor agree to supply one (2) Determinationof ratios of apprenti e sion (ii) of this subparagraph or Is not reg- copy of the written notlces required in ac- or trainees to ournvjcn. The Secretary of istered as above, shall be paid the wage rate cordance with 29 CPR 5a.4(c) at the requct Labzr has determined that the applicable determined by the Secretary of Labor for the of Federal agency compliance officers. The ratios of apprentice and trainees to journey- classification of work he actually performed- contractor also agrees to supply at 3-month men In any occupation shall be as follow-: 'The contractor or subcontractor will be re- intervals during performance of the con- (1) In any occupation the applicable ratio of quired to furnish to the contracting officer tract and after completion of contract per- apprentlcc3 and trainees to journeymen shall written evidence of the registration of hid formance a statement descrlbing steps tak- be equal to the predominant ratio for the program and apprentices as well as of the en toward making a diligent effort and con- occupation in the area where the construe- appropriate ratios and wage rates, for the taining a breakdown by craft, of hours tion I. to be undertaken, set forth in collec- area of construction prior to using any ap- worked and wages paid for flrst year appren- tive bargaining agreements or other employ- prentices on the contract work. tices and tranees, other apprentlce and ment agrenments, and available through (ii) Trainees. Trainees will be permitted the trainees, and journeymen. One copy of the Re-gtonal Manager for the Bureau of Appren- to work as such when they are bond fide statement will be ccnt to the agency con- tcehip and Training for the applicable area. trainees employed pursuant to a program ap- earned, and one to the Secretary of Labor. (11) For any occupation proved by the U.S. Department of Labor, for which no such (5) The contractor agrees to Insert In any ratio In found, the ratio of apprentices and Mfanpower Administration, Bureau of Ap- subcontract under this contract the require- prenticeship and Training, and, trainees to journeymen -hall be determined where subdi- ments contained in this paragraph (29 CFR by the contractor in accordance with vision (iii) of this subparagraph is applicable, the rec- 5a.3(a) (1). (2), (3), (4). and (5). Sections ommendation cet forth in the standards of in accordance with the provisions of Part 5a 5aA, Ba.5, 5a.6, and da,7 of 29 CFn, Part 5a of this subtitle. the National Joint Apprentice Committee for. shall also be attached to each such contract the occupation, which are filed with the U.S. (III) Application of 29 OER Part 5a. On for the information of the contractor. The contracts in excess of $10,000 the employment Department of Labor's Bureau of Appren- term "contractor" as used in such clanes in tice:hp and Training. of all laborers and mechanics, including ap- any subcontract shall mean the subcontrac- (i1) For any occupation for which no such prentices and trainees, as defined in 29 CFI tor. Part 52(c) shall also be subject to the pro- recommendations are found, the ratio of visions of 29 CFR Part.5a. Apprentices and (c) The following contract clauses are apprentices and trainees to journeymen shal trainees shall be hired In accordance with also prescribed by the Secretary of Labor be at least one apprentice or trainee for every ive journeymen. the requirements of 29 CFR Part 5a. under 29 CFR Part 5a and are to be in- cluded for information of the contractor (3) Variations, tolerarces,and ezemptiona. (b) The following contract clauses set Variations, tolerances, and exemptions from in each construction contract in excess of forth apprentice and trainee employment any requirement of this part with respect to requirements as prescribed by the Sec- $10,000: any contract or subcontract may be granted retary of Labor, under 29 CFR Part 5a, (1) Criteria for measuring diligent effort, when such action Is necessary and proper In and shall be included as conditions of A contractor wil be deemed to have made the public Interest. or to prevent injustice, each construction contract in excess of a "diligent effort" as required by 29 COl 5a3 or undue hardsip. A request for a variation, $10,000 ("Contract" or "contractor" in- if during the performance.of his contract tolerance, or exemption may be made in writ- cludes any construction contract or con- he accomplishes at least one of the follow- Ing by any interested person to the Secretary, ing three objectives: U.S. Department of Labor. Washington, D.C. struction subcontractor regardless of tier 20210. as well as the primary contract or prime (1) The contractor employs on this proj- ect a number of apprentices and trainees <4) Enforcement. (1) Each Federal agency contractor unless otherwise specified) : by craft as required by the contract clauses concerned shall injure that the contract (1) The contractor agrees: (1) That he at least equal to the ratios established In clausea required by 29 CPR 5a.3 (a) are in- wl make a diligent effort to hire for the accordance with 29 CFR 5a.G. serted in every federally assisted construc- performance of the contract a number of (11) The contractor employs, on all his tion contract subject thereto. Federal agen- apprentices or trainees, or both, In each oc- public and private, construction work com- cles administering assistance programs for cupation, which bears to the average number bined in the labor market area of this proj- constructlon work for which they do not of the journeymen in that occupation to be ect, an average number of apprentices and contract directly shall promulgate regula- employed in the performance of the contract trainees by craft as required by the contract tions and procedures necessary to insure that the applicable ratio as determined by the clauses, at least equal to the ratios ctab- contracts for the construction work subject Secretary of Labor, lished in accordance with 29 CPR Ga.6. to 29 CF Sa.3(a) will contain the clauses (11)That he will assure that 25 percent (ill) (a) Before commencement of work on required thereby. of such apprentices or trainees in each oc- the project, the contractor if covered by a (11) Enforcement activities, including the cupation are in their first year of training, collective bargaining agreement wil give investication of complainta of violatifow, to where feasible. Feasibility here involves a written notice to all joint apprentlcehlp assuro compliance with the requirements of consideration of (a) the availability of traiu- committees; the local US. Employment Secu- this part, shall be the primary duty of'the ing opportunities for first year apprentices, rity Office; local chapter of the Urban League. Federal agency providing the Federal ass-st- (b) the hazardoii nature of the work for Workers Defense League, or other local or- ance. The Department of Labor wm coordi- beginning workers, (c) excessive unemploy- ganization concerned with minority employ- nate ia Eort with the Federal agencies, as ment of apprentices in their second and ment; and the Bureau of Apprentlcshilp and may be necessary, to asure consistent en- subsequent years of training. Training Representative, U.S. Department of forcement of the requirements of this part. (iii) That during the performance of the- Labor, for the locality. The Contractor if Enforcement of these provision shall be in contract he will, to the greatest extent possi- not covered by a collective bargaining ogree- accordance with the procedures outlined in ble, employ the number of apprentices or meat will give written notice to all the groups 29 CPR 5.0. trainees necessary to meet currently the re- stated above except joint apprenticeship com- (G4 Stat. 12g0, 1255, 50 U.S.C. quirements of subdivisions (I) and (1i) of mittees; this contractor a" will notify all App. 2281; this subparagraph. nonjoint apprentlceship sponsors In the labor 2253; llcorg. Plan No. 1 of 1953 as amended, (2) The contractor agrees to maintain market area. 72 Stat. 1799-1801, 23 P.R. 4931 E.O. 10952, records of employment by trade of the num- (b) The notice wi include at least the as amended. 26 P.R. 6577; Delcgatlon of Au- ber of apprentices and trainees, apprentices contractor's name and addres, the job eAlte thoQrty R-z-adin Civil Defense Functions and trainees by first year of training, and of address, value of contract, expected starting and E tablishment of the Offce of Civil De- journeymen, and the wages paid dud hours and completion dates, the estimated average fensOe, Apr. 10, 19G4 23 P.R. .5017) of work of such apprentices, trainees and number of employees In each occupation to Effective date. These revisions shal journeymen. The contractor agrees to make be employed over the duration of the con- be applicable to every Invitation for bids, these records available for inspection upon tract, and a statement of his willingunz to request of the Department of Labor and employ a number of apprentlces and trainees and to every negotiation, requesf for pro- the Federal agency concerned. at least equal to the ratios established in posals, or request for quotations, for a (3) The contractor who claims compliance accordance with 29 CFR Ga.G. federally W.sIsted construction contract, based on the criterion stated in 29 OPR (c) The contractor must employ all quail- issued after January 30, 1972, and to 5&4(b) agrees to maintain records of em- fled applicants referred to him through nor- every such contract entered into on the ployment, as described in 29 CFR 5a.3 (a) (2), real channels (such as the Employment Serv- basis of such invitation or negotiation. on non-Federal and nonfederally assisted ice, the Joint Apprenticeship Committees construction work done during the perform- and, where applicable, minority organlza- JoMT E. DAVMs, ance of this contract in -the same labor mar- tions and apprentice outreach programs who Directorof Cfiri Defense. ket area The contractor agrees to make have been delegated this function) at leat [P Doc.72-12 Filed 2-3-72;8:49 am]

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 2676 RULES AND REGULATIONS

Title 3 PENS S, BONUSES of materials which are to be available (4) To an individual directly con- to the public under § 1.552. Charges will cerned In'a hearing or other formal pro- be made, except as provided AND] VET[ANOEW AIS' S REIEFRELIEF graphs (c), (d), (e), and Wf of inthis para- sec- ceeding involving security requlremonti- for Federal employment, one copy of any Chapter I-Veterans Administration tion, in accordance with the schedule of transcript made of such hearin" or other fees in § 1.526, to recover the costs of proceeding. PART I-GENERAL PROVISIONS duplicating, reproducing, certifying or (72 St~t. 1114, 38 U.S.C. 210) authenticating copies of such materials Release of Informaoion in response to requests from the public. These VA regulations are effective the Part 1 of Chapter I of Title 38 is The desired copy will not be delivered, date of approval. amended as follows: except under court subpoena, until the 1. In § 1.526(1), subparagraph (7) is full amount of the lawful charge is de- Approved: January 28, 1972. amended to read as follows: posited. Any excess deposited over the By direction of the Administrator. lawful charge will be returned. § 1.526 Copies of records and papers. (b) Charges will be made, except as FnrD B. TR-hontS, S* * S * provided in paragraphs (c), (d), (e), Deputy Administrator. (i) Schedule of fees: and (f) of this section, on each request [FR Doc. 72-1674 Filed 2-3-728:49 1m] o ,from the public to examine, copy, or to (7) Fees to be determined based on actual be furnished copies of other identifiable costs. records under § 1.553. Such charges, in The fee to be Charged Fee to be deter- accordance§ 1.526, will withbe madethe schedule to recover of feesdirect in Title 4--POTECTION for special information, mined by the a indie ost forecng re t otatistics, reports, tapes oflclal author- and indirect costs for searching requested OF ENVIRONMENT (direct copies of exist- ized to release records and, if requested, reproducing ing tapes or special the inorma- copies and certifying or authenticating Chapter I-Environmental Protection tapes created to contain tion or his des- them. Searhes will not be undertaken Agency specific data such as a igneee under until the requester has paid, or has pro- listing of veterans by 5 1.556(a). vided sufficient assurance that he will SUBCHAPTER E-PESTICIDES PROGRAMS dovisualname and tems address), (motion au- pay, whatever fee is determined to be pictures, film strips, appropriate. Desired copies will not be PART 180-TOLERANCES AND EX- lid ets, sound re- delivered, except under court subpoena, EMPTIONS FROM TOLERANCES FoR PESTICIDE CHEMICALS IN OR N cordings, video tapes, until the full amount of the lawful or combinations there- charge is deposited. Any excess deposited RAW AGRICULTURAL COMMODI- of), drawings, specifi- over the lawful charge will be returned. TIES cations, photographs, When a deposit is received with a re- Fenthion etc., will be based on quest, such a deposit will be returned the actual cost to the A petition (PP 1F1Ol) was filed by agency, including labor, if the request is denied. Chemagro Corp., Post Office Box 491, reproduction machine (C) Where a contract with a report- Kansas City, MO 64120, In accordanco time, computer time, ing service requires that copies of tran- with provisions of the Federal Food, material and overhead scripts be sold only by the service, the expenses. Drug, and Cosmetic Act as amended ("1 copy in Veterans Administration's pos- U.S.C. 346a), proposing establishment of , . •session may be made available for in- tolerances for residues of the Insecticide 2. Section 1.553 is revised to read as spection. If a copy is requested, the fenthion (0,0-dimethyl 0-[4-(met!hyl- follows: requester will be referred to the report- ing service. thio) -m-tolyl phosphorothloateo) and § 1.553 Public access to other identifia. (d) No charges will be made for serv- Its cholinesterase-inhIbiting metabollte,, ble records. ices rendered to or for other agencies or in or on the raw agricultural commodi- ties rice straw at 0.5 part per million and Identifiable records in Veterans Ad- branches of the Federal Government, or rice at 0.1 part per million. ministration custody, or copies thereof, State and local governments when the Prior to December 2, 1970, the Secre- other than records made available to the Veterans Administration, veterans and tary of Agriculture certified that thli public under the provisions of §§ 1.551 their beneficiaries, or the general public pesticide chemical is useful for the pur- and 1.552, will be made promptly avail- has a substantial interest in the purpose pose for which tolerances are being e:;- able, except as provided in § 1.554, to any for which the service is requested. tablished, and the Fish and Wildlifo person upon request. Such request must (e) When information, statistics, or Service of the Department of the In- be in writing, over the signature of the reports are approved by the Administra- terior advised that it has no objection to requester and must contain a reason- tor or the Deputy Administrator for re- the proposed tolerances. ably specific description of the record lease under § 1.550, the fee charge, if any, Part 120, Chapter I, Title 21 was re- desired so that it may be located with will be determined upon the merits of designated Part 420 and transferred to relative ease. The request should be made each individual application. Chapter III (36 F.R.. 424). Subsequently, to the office concerned (having jurisdic- (f) Under the following circumstances Part 420, Chapter may be provided free at the dis- II, Title 21 was re- tion of the record desired) or, if not services designated Part 180 and transferred to known, to the Director or Veterans As- cretion of station heads or responsible Subchapter E, Chapter I, Title 40 (36 sistance Officer in the nearest Veterans Central Office officials: F.R. 22369). Administration regional office or to the (1) When requested by press, radio, Based on consideration given data sub- Veterans Administration Central Office, television, or other information repre- mitted in the petition and other relevant. 810 Vermont Avenue NW., Washington, -sentatives for dissemination to the gen- material It is concluded that: DC 20420. Personal contacts should eral public. 1. The established tolerances in meat, normally be made during the regular (2) When furnishing the service free fat, and meat byproducts of cattle and duty hours of the office concerned, which is in conformance with generally estab- poultry at 0.1 part per million and In mill:, 8 a.m. to 4:30 pm. Monday through lished business custom, such as furnish- at 0.01 part per million (negligible reA:- are ing personal reference data to prospec- Friday for Veterans Administration tive employers of former Government due) are adequate for residues: from Central Office and most field dermal application and from feeding stations, employees. treated crops. A tolerance regarding cvfr. 3. Section 1.555 is revised to read as (3) To the extent of one copy, to those is unnecessary because § 180.6(a) C3) follows: who require copies of records or informa- applies. § 1.555 Fees tion from the records in order to obtain 2. The tolerances established by thN, financial or other benefits to which they order will protect the public health. (a) Charges will not be made for the may be entitled (e.g., employees with Therefore, pursuant to provisions of use of reading facilities for examination workmen's compensation claims). the Federal Food, Drug, and Cosmetic

FEDERAL REGISTER, VOL 37, NO. 24-FrIDAY, FEBRUARY 4, 1972 RULES AND REGULATIONS 2677 Act (sec. 48(d) (2), 68 Stat. 512; 21 tion at which members of the public may US.C. 346a(d) (2)), the authority trans- make requests for copies of records, or to Title 49- TRANSPORTATION ferred to the Adinitratr of the En- inspect or copy records, of the Oil Import vironmental Protection Agency (35 F.R. Appeals Board within the C-Mlce of Hear- Chapter X-Interstate Commerce 15623), and the authority delegated by- ings and Appeals of the Department of Commission the Administrator to the Deputy Assist- the Interior, under provisions of 5 U.S.C. ant Administrator for Pesticides Pro- section 552 (1970). SUBCHAPTER A-GENERAL RULES AND grams (36 P.R. 9038), § 180.214 is 1. In § 2.4, paragraph (d) is amended REGULATIONS amended by adding the new paragraph to read as follows: IS.O. 1039] "0.5 part per million-* * ' after the paragraph "5 parts per million * * S", § 2.4 Opinions in adjudications of cases; PART 1033-CAR SERVICE adninistrative xanuals. by revising the paragraph "0.1 part per New York Dock Railway Authorized To million * * ", and by adding the new Operate Over Trackage Abandoned paragraph "0.1 part per million in or on (d) Copies of final opinions and orders rice" after the revised paragraph, as issued by the Oil Import Appeals Board by Bush Terminal Railroad Co. follows: are available for inspection and copying At a Session of the Interstate Com- § 180.214 Fentlion; zolerances for resi- in the Office of Hearings and Appeals, merce Commis-on, Railroad Service dues. Ballston Building No. 3, 4015 Wilson Board, held at its office in Washington, Boulevard, .Arlington,VA 22203. D.C., on the 2d day of February 1972. It appearing, that the Bush Terminal 0.5 part per million in or on rice straw. Dated: January 27, 1972. Railroad Co., in Finance Docket No. 0.1 part per million in meat, fat, and 25896, was authorized to abandon its meat byproducts of cattle and poultry. WAREN F. BRECHT, entire line of railroads; that the Bush 0.1 part per million in or on rice. Deputy Assistant Secretary Terminal Railroad Co. ceased rairoad of tLe Interior. operations on December 15, 1971; that Any person who will be adversely af- [R Doc.72-1679 iled 2-3-72;8:49 am] the New York Dock Railway has agreed fected by the foregoing order may at any to operate the trackage abandoned by time within -30 days after its date of the Bush Terminal Railroad Co.; that publication in the FDmR REGIsTEa file Chapter Il-Bureau of Land Manage- the Commission is of the opinion that with the Objections Clerk, Environ- ment, Department of the Interior there is need for railroad service to in- mental Protection Agency, Room 3175, dustries located on this trackage; that South Agriculture Building, 12th Street APPENDIX--PUBLIC LAND ORDERS operations over this trackage by the New and Independence Avenue SW., Wash- [PubLc Land Order 5154] York Dock Railway are necessary to re- ington, DC 20250, written objections [Utah 15498] store railroad service to these industries thereto in quintuplicate. Objections shall in the interest of the public and the com- show wherein the person filing will be UTAH merce of the people; that notice and adversely affected by the order and spec- Withdrawal public procedure herein are impractical ify with particularity the provisions of for National Forest and contrary to the public interest; and the order deemed objectionable and the Geological Site that good cause exists for making this grounds for the objections. If a hearing By virtue of the authority vested in order effective upon less than thirty is requested, the objections must state the President and pursuant to Executive days' notice. the issues for the hearing. A hearing will Order No. 10355 of May 26, 1952 (17 P.R. It is ordered,That: be granted if the objections are supported 4831), it is ordered as follows: §1033.1039 Service Order No. 1039. by grounds legally sufficient to justify the 1. Subject to valid existing rights, the relief sought. Objections may be accom- (a)New Yor: Dock Ralway author- following described national forest lands fted to operate over trackage abandoned panied by a memorandum or brief in sup- are hereby withdrawn from appropria- port thereof. - - by Bush Terminal Railroad Co. The New tion under the mining laws (30 UZ.C, York Dock Railway be, and it is hereby, Effective date. This order shall become Ch. 2), but not from leasing under the authorized to operate over trackage effective on its date of publication in the mineral leasing laws, in aid of programs abandoned by the Bush Terminal Rail- FTEDERAL REGISTER (2-4-72). of the Department of Agriculture: road Co. (See. 408(d) (2), 68 Stat. 512; 21 'U.S.C. .&s= NsmuaL Fro=T (b) Application.The provisions of this 346a(d) (2)) SALT vum RD.=? order Shall apply to intrdstate and for- Dated: January 28, 1972. elgn traffic, as well as to interstate traf- Little Brush Orcc7k Carc fic. WELimr M. UPEOLT, T. 1 S., I. 21 E., (c)Rules and regulations suspended. Deputy Assistant Administrator Sec. 24, lots2 1-4, inclustve, flyrf!f, w' The operation of all rules and regula- for Pesticides Program. NWIS, 5 A; tions, insofar - they conflict with the Sec. 25, all; [FR floc.72-1642 Piled 2-3-72;8:48 am] Sec. 36. NE'A. provisions of this order, Is hereby sus- T. 1 S., 1l. 22 E., pended. Sec. 19. lots 1-4, Inclusive, El , E'W :; (d) Effective date. This order shall Sec. 29, NWA!, s,1; become effective at 11:59 p.m., Febru- Sec. 30, lots 1-4. Incluzive, E!S, EW'.1ti; ary 3, 1972. Title 43-PUBLIC LANDS: See. 31. lots 1, 2, NE!4, E ,VNV ; (e)Expiration date. The provisions of Sec. 32, IV'. this order shall expire at 11:59 p.m., INTERIOR- The area described contains 3,538.18 May 3, 1972, unless otherwise modified, Subtitle A-Office of the Secretary of acres in lintah County. changed, or sspended by order of this the Interior 2. The withdrawal made by this or- Commistson. der does not alter the applicability of (Sees. 1, 12, 15, and 17(2), 21 Stat. 379, 383, PART 2-RECORDS AND TESTIMONY those public land laws governing th3 use 38, a omended; 49 U.S.C. 1, 12, 15. and 17 (2). Interprat or applie ace=. 1(10-17), 15 Availability of Final Opinions and of the national forest lands under leae, license, or permit, or governing the dis- (4), nd 17(2), 40 Stat. 101, as amnded, 5e. Orders of the Oil Import Appeals Stat. 011; 49 U.S.C. 1(10-17), 15(4), and posal of their mineral or vegetative re- 17(2)) Board sources other than under the minlng -Departmental regulations concerning laws. It is further ordered, That copies of availability of final opinions and orders, Rmnsoir LoEscu, this order shall be served upon the As- contained in Part 2, Subtitle A, Title 43, Assistant Secretary of the Interior. sociation of American Railroads, Car are amended, Service Division, as agent of the raf- as set forth below, to pro- JANUARY 31, 1972. roads subzcriblng to the car service and vide a change of address for the loca- [Ml )c.72-1081 Pllcd 2-3-72; 8:49 am] car hire agreement under the terms of

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FECRLARY 4, 1972 .Wo. 2--Pt. I-----6 RULES AND REGULATIONS that agreement, and upon the American terized by a large number of sellers and tion for the first time after August 16, Short Line Railroad Association; and frequent price fluctuations, with a mini- 1971, if the cost of rehabilitation exceed: that notice of this order shall be given mum of inflationary pressure; (3) one-half of either the undepreclated cos to the general public by depositing a copy whether international transactions are in the Office of the Secretary of the involved or whether, in some special sit- or the fair market value of the dwellInt, Commission at Washington, D.C., and by uations such as insurance, domestic firms preceding the rehabilitation, filing it with the Director, Office of the would be at a disadvantage with respect (iv) Single family dwelling units atnd Federal Register. to international competition because of rental units in omer-occupied mult- By the Commission, Railroad Service economic controls on price increases; family dwellings which were rented for Board. (4) whether there is a clear basis for es- a term longer than month-to-month tablishing a fair and equitable price be- on [SEAL] ROBERT L. OSWVALD, cause of the nature of the product and January 19, 1972, or, If not rented on Secretary. the selling process; (5) whether prices that date, were rented during the bame [FI Doe.72-1766 Filed 2-3-72;8:50 am] are self-assessed or characterized by a rental period (as defined in Subpart C strong element of mutuality; (6) whether of Part 301 of this title) for a term longer other controls have been established by than month-to-month: Provided, That law or by other regulatory authorities; the owner of such (7) whether other nonexempt sectors will units and membera of Title 6-ECOOMIC serve as an effective restraint on an ex- his family (as defined in section 318 of empt sector; (8) considerations of ad- the Internal Revenue Cede of 1054, aiw STABILIZATION ministration and enforcement, including amended) do not own or have an inter- Chapter I-Cost of Living Council the ability to effectively enforce the con- est, directly or indirectly, in more than trols in sectors with significant infla- an aggregate of four such units. PART 101-COVERAGE, EXEMPTIONS tionary. impact. (v) Single family dwelling units and AND CLASSIFICATION OF ECO- Because the purpose of these regula- rental units in multifamily dwellings for NOMIC UNITS tions is to amend and modify Part 101, to provide immediate guidance and in- which the monthly rent (as defined in Miscellaneous Amendments formation as to Cost of Living Council § 301.3 of this title) was $500 or more decisions and to Part 101, Coverage, Exemptions and implement certain 1971 on January 19, 1972, or if unoccupied on amendments of the Act, the Cost of Liv- that date, Classification of Economic Units was ing Council finds that their publication was $500 or more during the added to a new Title 6 and a new Chapter in accordance with usual rule making base rental period, as defined in Subpart I of the Code of Federal Regulations on procedures is impracticable and that C of Part 301 of this title. November 13, 1971 (36 F.R. 21788). Part good cause exists for making these reg- (3) Real estate land leases if: 101 was subsequently amended on No-' ulations effective in less than 30 days. (i) A residence Is established on the vember 17, 1971 (36 P.R. 21952), Decem- These amendments shall become ber 16, effec- leasehold; 1971 (36 F.R. 23974), and further tive when 'filed with the FEDERAL amended and republished on January 27, REGISTER. (ii) The ground rent charged under 1972 (37 F.R. 1237). such lease is fixed for a period (Economic Stabilization Act of 1970, as of 20 The purpose of these amendments is to years or more; and further amend and modify amended, Public Iw 91-379, 84 Stat. 799; Part 101 to Public Law 91-558, 84 Stat. (ill) Any extension, reflect certain 1971 amendments to the 1468; ]ublic Law renewal or re- 92-8, 835 Stat. 13; Public Law 92-16, 85 Stat. negotiation of such land lease i for a Economic Stabilization Act and certain 38; Public Law 92-210, 85 Stat. 743; and Ex- decisions of the Cost of Living Council. ecutive Order No. 11640) period of 10 years or more and is com- Subpart A is amended to include in puted on a percentage of the appra.ed § 101.2 a new definition for "retail firm". DONALD RUIMSFELD, Director,Cost of Living Council. value of the leased land. Subpart D is amended:, In § 101.33, to revise the exemption for rehabilitated Part 101 of Chapter I of Title 6 of the dwellings to reflect more clearly the pur- Code of Federal Regulations is amended § 101.31 Certain price adjutmenti,. pose of the original exemption; to ex- as follows: empt certain residential rental property 1. Subpart A is amended in § 101.2 to (j) Retail firms including restaurants. add a definition and certain residential land leases; in for: "Retail firm", after Retail firms including restaurants, with § 101.34, to exempt certain retail firms the definition of "Price Commission", to including restaurants with annual sales read as follows: annual sales or revenues of less than $100,000. or revenues of less than $100,000; and in § 101.2 Definitions. § 101.35, to delete the exemption of pay § 101.35 (Amended] adjustments below the Federal minimum "Retail firm" wage. which is now unnecessary as a re- means a firm whose an- 3. Subpart D is further amended by sult of the new provision in § 101.104 of nual sales or revenues are primarily from deleting "§ 101.35(c) Minimum wages." subpart F. the sale of goods to ultimate consumers. 4. Subpart F is amended to add Subpart F is amended to add § 101.104 § 101.104, to read as follows: relating to pay adjustments for individ- 2. Subpart D s amended by revising § 101.33(a) (2) (ill), and adding § 101.33 101.104 Pay adjustments to linbt An. uals whose earnings are less than $1.90 (W) (2) (iv) and (v) and (3), and dividuals earning less than $1.90 pvr per hour, in accordance with section 101.34(j), to read as follows: hour. 203(d) of the Economic Stabilization Act § 101.33 Real estate and insurance pre- Notwithstanding the provisions of thli of 1970, as amended. minums. title, this title shall be implemented In Among the factors considered in * 2 * * * such a manner that pay adjustments to making an exemption axe: (1) The ob- (a) * 2 any individual who is paid at.a rate of jectives and requirements of the Act and (2) * * less than $1.90 per hour shall not be the economic stabilization program; (2) (iii) Rehabilitated dwellings offered limited in any manner. whether the economic sector is charac- for rent in the newly rehabilitated condi- [Fa Doc.72-1797 Filed 2-3-72;10:W2 aml

FEDERAL REGISTER, VOL. 37, NO. 24-FIDAY, FEBRUARY 4, 1972 2679 Proposed Rule Making

(d) "Area Director" means the Area § 431.2 Purpose. DEPARTMENT OF THE- INTERIOR Director, Bureau of Indian Affairs, The regulations in this part are to gov- Juneau, Alaska, or his authorized Bureau of Indian Affairs em exclusively the preparation of a roll representative. of Alaska Natives pursuant to section 5 125 CFR Part 43h I (e) "Coordinator" means the head of of the Act. The provisions of Parts 2 and the Enrollment Coordinating Office, 42 of Title 25 of the Code of Federal ENROLLMENT OF ALASKA NATIVES Pouch 7-1971, Anchorage, Alaska 99501, Regulations shall not be applicable to having the responsibility for coordinat- Applications, Preparation and enrollment procedures and appeals pro- ing all activities regarding preparation vided for in this Part 43h. Approval of- Roll of the roll. Notice is hereby given that it is pro- (f) "Roll" means the roll of Alaska § 43h.3 Requirements for enrollment. posed to revise Subchapter F, Chapter I, Natives prepared pursuant to the Act. The roll shall consist of the names of of Title 25 of the Code of Federal Regu- (g) "Native" means a citizen of the all persons who meet the definition of lations. This revision is proposed pur- United States who is a person of one- Native and who were born on or before suant to the authority contained in fourth degree or more Alaska Indian and were living on December 18, 1971. (including Tslmshlan Indians whose section 25 of the Alaska Native Claims § 43h.4 Enrollment in regioas. Settlement Act of December 18, 1971, 85 Alaska Native ancestry predates the Stat. 688, Public Law 92-203. Treaty of March 30, 1867, and who are (a) Residents of Alaska. A Native re- The purpose of this revision is to pro- not enrolled in the Metlakatla Indian siding In Alaska at the time of filing his vide regulations to govern preparation Community), Eskimo, or Aleut blood, or application for enrollment shall be en- of a roll of Alaska Natives. combination thereof. The term includes rolled in the region in which he was a Since this revision will affect the rights any Native as so defined either or both permanent resident on April 1, 1970. of Alaska Natives to participate in the of whose adoptive parents are not (b) Nonresidents of Alaska. A Native Alaska Native Claims Settlement and Natives. It also includes, in the absence who at the time of filing his application imposes a deadline for applying for en- of proof of a minimum blood quantum, for enrollment Is not a permanent resi- rollment, publi6 comment and expres- any citizen of the United States who is dent of one of the regions in Alaska shall sion are deemed advisable. Accordingly, regarded as an Alaska Native by the be enrolled according to the following all Persons who desire to submit com- Native village or Native group of which order of priority: ments, views, or arguments in connection he claims to be a member and whose (1) In the 13th region, if it is formed with the proposed revision shall file the father or mother is (or, if deceased, was) and he so elects, or same with the Commissioner of Indian regarded as Native by any village or (2) In the region where he resided on Affairs, Bureau of Indian Affairs, Wash- group. April 1, 1970, If he had resided there ington, D.C. 20242, not later than 30 days (h) "Village" means any tribe, band, without substantial Interruption for 2 or after publication of this notice in the clan, group, village, community or associ- more years, or FEDERAL EGISTER. ation in Alaska listed in rections 11 and (3) In the region where he previously Subchapter 'F of Chapter I, Title 25 16 of the Act, or which meets the require- resided for an aggregate of 10 years or of the Code of Federal Regulations, is ments of the Act, and which the Secre- more, or revised to include Part 43h which shall tary determines was, on the 1970 census (4) In the region where hewas born, read as follows: enumeration date (April 1, 1970), com- or posed of 25 or more Natives. (5) In the region from which an an- PART 43h-PREPARATION OF A ROLL (I) "Native group" means any tribe, cestor came. OF ALASKA NATIVES band, clan, village, community, or village Sec. association of Natives in Alaska com- A Native may be enrolled in a different 43b.l Deflnitions. posed of less than 25 Natives, who com- reion when necessary to avoid enrolling 43hI2 Purpose. prise a majority of the residents of the members of the same family in different 43h.3 Requirements for enrollment. locality. regions or otherwise avoid hardship. 43h. -nrollmentin regions. () "Region" means the geographlc (c) Eligible children born on or after 431.5 Enrolment In a 13th region. April 2, 1970, and on or before Decem- 43h.6 Applications for enrollment. area covered by the operation of one of 43h-7 Determination of eligibility. the 12 existing Native associations recog- ber 18, 1971, shall be enrolled in the re- 43.8 Appeals. nized in section 7(a) of the Act, or its gion. in which one of their parents is 43h.9 Preparation, certification, and ap- successor regional corporation, and may enrolled. proval of the roll. include the 13th region if established as § 431t.5 Enrollmentina 13th region. 43h.10 Establishment of a 13th r~gion. provided by section 7(c) of the Act. 43h.11 Won-Tsinhian Wetlakata Com- A Native eligible for enrollment who is munity members. (k) "Permanent residence" shall 18 years of age or older and is not a 431L12 Special Instructions. mean the place of domicile on April 1, 1970, which is the location of the per- permanent resident of one of the 12 Axrzo=r : The provisions of this Part 43h manent place of abode intended by the regions may, on the date he files an Issued under 5 U.S.C. section 301; LS. applicant to be his actual home. application for enrollment, elect to be §§ 463 and 465,25 U.S.C. sections 2 and 9; and enrolled in a 13th regIon for Natives who sec. 25, 85 Stat. 688, 715. (1) 'Regional Solicitor" means the officer in charge of the Anchorage Region are nonresidents of Alaska, if such re- § 43h.1 Definitions. of the office of the Solicitor, Department gion is established pursuant to subsec- (a) "Act" means the Alaska Native of the Interior. tion 7(c) of the Act. If such region is not Claims Settlement Act of December 18, (m) "Sponsor" means a parent, recog- established, he shall be enrolled as pro- 1971, 85 Stat. 688, Public Law 92-203. nized guardian, next friend, next of kin, vided in subsection 4(b) of these regu- (b) "Secretary" means the Secretary of the -Interior or his authorized spouse, executor or administrator of lations. His election shall apply to all representative. estate, the Area Director or other person dependent members f his household (c) "Commissioner" means the Com- who files an application for enrollment who are less than 18 years of age, but missioner of Indian Affairs or his au- on behalf of another person. It does not shall not affect the enrollment of anyone thorized representative. Include an enumerator. else.

FEDERAL REGISTER, VOL 37, NO. 24-FIDAY, FEBRUARY 4, 1972 2680 PROPOSED RULE MAKING

§ 431.6 Applications for enrollment. §43h.9 Preparation, certification and ington, DC 20240, within 30 days after (a) All applications for enrollment approval of the roll. publication of this notice In the FIonrunxt shall be in writing on forms provided by The Coordinating Office shall prepare REGIsrER. the Bureau of Indian Affairs and shall be a roll listing enrollees by village or ap- The proposed amendment deflnei signed by or for the head of each house- propriate regioh. The roll shall contain situations in which insurance require- hold, spouse, and/or the dependent mem- for each person, his Social Security num- ments will be included In Interior De- bers of his household under 18 years of ber, name, last known address, sex, date partment contracts for aircraft. It also age. A separate application shall be com- of birth, degree of Native blood, residence sets forth clauses for use in such con- pleted and signed by or for other mem- as of April 1, 1970, and the village and/or tracts. bers of a household 18 years of age or region in which he is enrolled. Upon com- The additions to the Interior Procure- older. pletion the Coordinator shall affix to the ment Regulations as proposed would read (b) The application shall contain, roll a certificate indicating that to the as follows: among other information,,the applicant's best of his knowledge and belief the roll PART 14-IQ--BONDS AND social security number, name, address, contains only the names of persons who sex, date and place of birth, residence as were determined to meet the require- INSURANCE of April 1, 1970, the village from which ments for enrollment as Alaska Natives. Subpart 14-10.4-Insurance his ancestors Under came, and for a nonresident The roll shall be submitted to the Secre- Fixed-Price of Alaska, his election regarding estab- tary for approval. Contracts lishment and enrollment § 14-10.451 in a 13th region. § 43h.10 Establishment of Insurance requircmenq for Social security numbers and cards will a 13th region. contract aircraft. be issued to those persons who do not If a majority of all eligible Natives 18 (a) Interior bureaus and offices con- have them. years of age or older who are not perma- nent residents tract for use of aircraft (including heli- (c) Completed applications must be of Alaska elect, pursuant copters) with to subsection 5(c) of or without pilot. Depend. filed with the Coordinating Office (Kaloa the Act, to be en- ing on the degree of Government control Building, 16th and C Streets), Pouch rolled in a 13th region for Natives who are nonresidents and the circumstances present If an ac- 7-1971, Anchorage, AK 99 01, not later of Alaska, a region for cident occurs, the Government the benefit of the Natives who elected to may be than March 30, 1973. For purposes of totally or partially liable for personal in- these regulations, "filed" means received be enrolled therein shall be established and they may jury, death, or property damage claims. by the Coordinating Office. establish a regional cor- The poration pursuant to the Act. cost of Insurance coverage Is rela. 0") Residents of Alaska. Enumerators tively small compared to potential liabil- shall be sent to the principal villages to § 43h.l1 Non-Tsimshian Metlakatla ity. Therefore, in accordance with ,FPR assist in the completion and filing of Community members. § 1-10.301, and under the conditions set applications and centers will be estab- Applications for non-Tsimshian Na- forth below, minimum insurance require- lished in urban areas to furnish assist- tive Alaska ments are prescribed to protect con- ance members of the Metlakatla in the completion and filing of ap- Indian Community will be conditionally tractors and the Government, plications. Persons who are missed by accepted subject to a determination of (b) At 14 CPR 298.42, the Civil Aero- the enumerators may apply to the Co- their eligibility for inclusion on the nautics Board (CAB) prescribes certain ordinating Office by mail or in person. Alaska Native roll. minimum insurance requirements for air (e) Nonresidents of Alaska. Natives taxi operators and commercial operators not residing in Alaska shall be furnished § 43h.12 Special instructions. of small aircraft, I.e., fixed-wing aircraft application forms, together with instruc- To facilitate the work of the Area Di- under 12,500 pounds gross takeoff weight tions for completing the forms, upon rector, the Commissioner may issue spe- and helicopters under 6,000 pounds gross request made to the Commissioner, the cial instructions not inconsistent with takeoff weight. Following the CAB mini- Area Director, or the Coordinator., these regulations. maums, contracts for small aircraft with § 43h.7 Determination of eligibility. HARusoN Losscr, pilot, except those defined in § 14-10.451 Assistant Secretary of the Interior. (f), shall include the following clause: Determinations of eligibility shall be made by the Coordinator. Each applicant FEBRuaRY 1, 1972. INDEMUrry ANSDhMIM1Xr. IsVsu5AN0i1 shall be notified in writing of the deci- [FR Doc.72-1710 Filed 2-3-72;8:49 am] sion. If such determination is favorable, (a) The Contractor shall Indemnify and the name of the applicant shall be placed hold the Government harmlcs from any and on the all losses, damages, or liability, or claimn roll. If the decision is adverse, the Office of the Secretary therefor, on account of applicant or sponsor shall be notified by personal injury, [41 CFR Part 14-10 ] death, or property damage of any nature certified mail, return receipt requested, whatsoever, arising out of the activities undor of the decision together with the reasons INSURANCE UNDER FIXED-PRICE the contract of the Contractor, his em- for rejection and of his right of appeal. ployees, subcontractors, or agento. For the CONTRACTS AND COST-REIM- purpose oZ fulfilling his obligation under thls § 43h.8 Appeals. BURSEMENT TYPE CONTRACTS clause, the Contractor shall procure aild Appeals from rejected applications maintain during the term of contract, and Notice of Proposed Rule Making any extension thereof, liability must be in writing and filed with the insttrance ac- Notice is hereby ceptableto the Contracting Officer. The in. Coordinating Office not later than 45 given in accordance sured parties named under with the administrative procedure pro- the polloy or days after the date of, receipt of the re- policies shall be the Contractor and' the visions in 5 U.S.C. 553, that pursuant to United States of America. jection notice. Prior to submission of the the Federal Property and Administrative (b) The minimum limits of liability In. appeal to the Regional Solicitor, the Co- Services Act of 1949, as amended (41 surance coverage shall be: ordinator may reconsider the prior de- U.S.C. 251 et seq.), the Office of the Sec- (1) Liability for personal injury to or ceath termination and may retary is considering an amendment to 41 of aircraft passengers. A limft for any one enroll the appli- passenger of at least seventy-five thousand cant. If the Coordinator CFP Chapter 14 by adding a new § 14- doe-snot enroll 10.451 under Subpart 14-10.4, a new Sub- dollars ($75,000), and a limit for each oc. the applicant, he shall forward curreneo In any one aircraft of at lepst an the ap- part 14-10.5 and a new § 14-10.501. peal, application, and amount equal to the aum produced by multi- all pertinent infor- Any person who wishes to submit wrt- plying seventy-five thousand mation dollars (C.75,. to the Regional Solicitor. Deter- ten data, views, or comments pertaining 000) by seventy-five percent (75%) of the minations on appeals shall be made by to the proposed additions may do so by total number of pasenger seats initalled in the Regional Solicitor on behalf filing them in duplicate with the Di- the aircraft. of the (2) Liability Secretary and shall be final. The appli- rector, Office of Survey and Review Of- for personal injury to or deatk of persons (excluding paisenleers). A cant shall be notified in writing of such fice of the Assistant Secretary-Manage- ment and Budget, limit of at least seventy-five thousand dol. decision. Department of the lars ($75,000) for any one person in any one Interior, 19th and E Streets NW., Wash- occurrence, and a limit of at least three

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 PROPOSED RULE MAKING 26S1

for damage or dcstruction Of amount of such compensation shall be hundred thousand dollars ($300,000) for each (4) Liability the Government In determining equal to the fair market credited to aircraft hull. A limit of the Government's liability occurrence. when it Is put In service the amount (3) Liabltiy for loss of or damage to ProP- value or the aircraft under this clause; except that this shall not to the Government. erty. A itmit of at least one hundred thou- apply to proceeds of Insurance received solely sand dollars ($100,000) for each oceurrence. (g) Contracts for aerial photography, as an advance of Insurance pending determi- (c) In lieu of the separate coverages aerial surveys, meteorological studies, or nation of Government liability, or for an specified in paragraph (b) of this clause, the character need not Increment of value of the aircraft beyond Contractor may be insured for a single limit other work similar in the value for which the Government Is of liability for each occurence. In that event, contain the Indemnity and Minimum In- reqponsible. the single limit coverage must be equal to surance Requirements clause in § 14- (e) In the event of loss or damage, the or greater than the combined required mini- 10.451(b), if there will be no direct Gov- Government shall be subrogated to all rights mums set forth in paragraph (b) of this ernment control or supervison of flight of recovery by the Contractor against third clause. operations. Such contracts are basically part ea for such lo=- or damage and such (d) n the case of a single limit of liability, for end products rather than for flight rlghts shall be immediately assigned to the a combina- Government. Except aa the Contracting OM- the aircraft may be insured by services. Contractors will be "independ- tion of primary and excess policies. Such cer may permlt In writing, the Contractor and therefore solely responsible for policies must have combined coverage equal ent" shall neither reles nor discharge any third for this to or greater than the combined minimums any torts committed. Contracts party from liability for such loss or damage set forth in paragraph (b) of this clause. type work shall include a statement that nor otherwize compromise or adversely affect (e) If the Contractor and his aircraft are the contractor will be considered an in- the Government's subrogation orlother rights covered by an Air Taxi Commercial Operator's dependent contractor, 'and he will ob- hereunder. The Contractor shall cooperate Certificate issued under 14 CFR Part 135, the tain all necessary insurance to protect with the Government In any suit or action terms, conditions, and exclusions set forth himself from liability arising out of the undertaken by the Government against any 298.43 and 298.44 are applicable. such third party. in 14 CFR contract. Contracts also shall include an (f) Prior to the commencement of work first Een- (f) Any failure to agree as to the responsi- hereunder, the Contractor shall furnish the indemnity, consisting of the bility of the Government or the Contractor Contracting Officer a copy of the insurance tence of the clause. under this clause shall, after a inal fnd-ig policy or policies or a certificate of insurance (h) In contracts for aircraft without and determination by the Contracting Officer, issued by the underwriter(s) showing that pilot, there is a high probability of Gov- be considered a dispute within the meaning the coverage required by this clause has ernment liability for claims arising out of the "Disputes! clause of this contract. been obtained. of an accident, because flight operations 14-10.5--Insurance Under pilot will be under Subpart (c) As an example, for a four- and the Government Cost-Reimbursement Type Con- passenger aircraft, the minimum single Government control. However, Govern- limit coverage in lieu of the three in- ment liability will be avoided if it can tracts dividual coverages prescribed in the In- be proven that the aircraft owner was § 14-10.501 Policy. Re- negligent in maintenance, or that a demnity and Minimum Insurance (a) Indemnity and insurance require- quirements clause in § 14-10.451(b) is latent defect led to the accident. In without pilot it Is ments set forth in § 14-10.450 and computed as follows: $75,OOOXO.75X4 contracts for aircraft applicable to cost- Departmental policy to assume Its own § 14-10.451 are also =$225,000; $225,000+$300,000+$100,000 reimbursement type contracts. =$625,000 (Single Limit Coverage). Sin- risks, just as with Government-owned gle limit insurance has an advantage in aircraft, and not to require insurance. WARnns F. BRxCHT, that up to the entire coverage may be Accordingly, in such contracts the clause Deputy Assistant Secretary used to pay under any one of the three set forth below shall be included: of the Interfor. liability categories, if necessary. LLum= roa Loss oa D.macc JAN-UAY 28, 1972. (d) Insurance coverages prescribed in am] (a) The Government asstmes all rik and [MR DOc.72-1C08 Piled 2-3-72;8:47 the Indemnity and Minimum Insurance liability for loss (including loss of life, per- Requirements clause in § 14-10.451(b) sonal Injury, damage to private property, and should be appropriatgly changed or de- damage to or loss of the aircraft) for the leted by contracting officers in the fol- term of this contract, while the aircraft is in DEPARTMENT OF lowing circumstances: the Government's possession, except for (1) (1) In contracts for large aircraft, normal wear and tear to the aircraft, or (2) as a result of negligence or TRANSPORTATION increase minimum cov- loss which occurs with pilot, the n maintenance of the aircraft by the erages in paragraphs (b) (2) and (3) of fault Coast Guard Contractor, or (3) loss resulting from a latent the clause so that the limit for each oc- defect In the construction of the aircraft or [ 46 CFR Part 66 3 curreneis $500,000 or more. a component thereof. (2) In contracts for aerial spraying (b) In the event of damage to the aircraft, [CGR 72-191 services, increase the limit of coverage the Government may. at Its option, make the or PORTS OF DOCUMENTATION in paragraph (b) (8) of the clause to necessary repairs with Its own facilitie, by contract, or pay the Contractor the reason- $500,000 or more. Also, in such contracts, aircraft. If damage Notice of Proposed Rule Making aerial tanker services, able cost of repair of the and in those for to the aircraft Is established to be the fault Coast Guard Is considering an delete paragraph (b) (1) of the clause. The of the Government, rental payments to the amendment to the documentation and (e) In one-time charters or hires of Contractor during the repair period will be measurement of vessels regulations to- large or small aircraft, with pilot, if made as set forth elsewhere in this contract. (a) Revoke the designations of ports Government exposure appears minimal, (c) In the event the aircraft is lost, de- stroyed, or damaged so extenrlvely as to be of documentation of- and time limitations are present, a for- (1) Annapolis, Md.; mal indemnity-insurance clause need not beyond repair, no rental payment will be made to the Contractor thereafter, but the (2) Cambridge, Md.; document. be included in the contract Government will pay to the Contractor a (3) Crlsfield, Md.; (f) Hull insurance is usually very sum equal to the fair market value of the (4) Washington, D.C.; costly and most aircraft owners do not aircraft just prior to such los, de3tructlon, (5) Elizabeth City, N.C.; carry it. However, if Government liability or extensive damage, les the ralvago value of (6) Washington, N.C.; is established after an accident, it is the aircraft. the con- (7) Alexandria, Va.; likely that the Government will also be (d) The Contractor certfle3 that tract price does not Include any cost attribut- (8) Cape Charles. Va.; responsible to a contractor for the fair fund it (9) Newport News, Va.; aircraft. Accordingly, able to Insurance or to any recerve market value of the has established to protect It- intere3t in or (10) Norfolk, Va.; and in contracts for aircraft with pilot where use of the aircraft, regardles of whether (11) Reedville, Va.; and an aircraft is valued at more than or not the insurance coverage applies for (b) Designate Portsmouth, Va., as a $500,000, an additional requirement for the period during which the Government port of documentation. hull insurance shall be added as para- has posession of the aircraft. If, In the event If the regulations are so amended, the graph (b) (4) of the Indemnity and min- of loss or damage to the aircraft, the Con- Coast Guard would close the documenta- imum Insurance Requirements clause in tractor receives compensation for such locs (a), and- or damage, In any form, from any cource, the tion oMces listed in Paragraph § 14-10.451(b) as follows:

FEDERAL REGISTER, VOL 37, NO. 24--FRIDAY, FEBRUARY 4, 1972 2682 PROPOSED RULE MAKING

(a) Transfer the documentation rec- 46, Code of Federal Regulations, as § 193.015-5 Fire main sytemn. ords at Alexandria, Va.; Annapolis, Cam- follows: * * 0 0 bridge, and Crisfield, Md.; and Washing- 1. By amending § 66.05-1 by revising (b) Except as provided for in section ton, D.C., to the office of the Officer in the list of ports of documentation foi the Charge, Marine Inspection, 193.10-10(e), water pressure from the 1h1w Custom- Fifth Coast Guard District to read as main shall be immediately avaltable by house, Baltimore, Aid. 21202, and make follows: Baltimore the homeport of all vessels maintenance of water pressure on the now having home ports at the above § 66.05-1 Ports of documentation. fire main at ail time%, or by remote con- named ports; trol of fire pumps which control liall be easily operable and readily accc::lbh, (b) Transfer the documentation rec- Coast Guard Marinolrpec- Ports of When remote controls are not installkcl, ords at Cape Charles, Newport News, districts tion zones documentatIon an alarm shall be fitted which will ound Norfolk, and Reedville, Va., and Eliza- in a continuously manned space indlct- beth City, N.C., to the office of the Of- ing a drop of water pressure on the ficer in Charge, Marine Inspection, Fifth ------Portsmouth--Portsmouth, Va. Baltimoro -----Balitmore, Md. system. Federal Building, Portsmouth, Va. 23705, Wilmington --- Beaufort-Morehead and make Portsmouth the home port of Wilmington,City, N.C. N.O. all vessels now having home ports at the The amendment Is proposed under the above named ports; and authority of 46 U.S.C. 363, 367, 375, 391, (c) Transfer the documentation rec- 395, 416, 435, 445, 481, 526p; 49 U.IS.C,. ords at Washington, N.C., to the office This proposal is made under the au- 1655(b); 49 CFPR 1.4(b), 1.46(b). of the Documentation Officer for Beau- thority of see. 2, 23 Stat. 118, as amended Dated: January 31, 1972. fort-Morehead City, U.S. Coast Guard, (46 U.S.C. 2), see. 1, 43 Stat. 947, as Post Office Building, Morehead City, N.C. amended (46 U.S.C. 18), see. 6(b) (1), 80 I. F. REA MI, 28557, and make the port of Beaufort- Bear Admiral, U.S. Coast Guard, Stat. 937 (46 U.S.C. 1655(b) (1)); and 49 Chief, Morehead City the home port of all ves- CPR 1.46(b). Office of Merchant Ma- sels now having Washington, N.C., as rine Safety. home port. Dated: January 31, 1972. [FR Doc.72-1669 Flied 2-3-72;0:48 am] If the proposals in this document are C. R. BENDER, adopted, all vessels marked with the Admiral, U.S. Coast Guard, name 6f a home port that is proposed to Commandant. be revoked will be deemed to be prop- [FR Doc.72-1668 Filed 2-3-72;8:48 am] FEDERAL AVIATION erly marked within the meaning of R.S. 4178, as amended (46 U.S.C. 46), and the regulations issued thereunder, for a 146 CFR Part 193 1 ADMINISTRATION period of 2 years from the effective date [CGFR 72-20] 114 CFR Part 71 1 of the adopted rules. [Airspaco Docket No.72-S0-81 Interested persons may participate in FIRE MAIN SYSTEM this proposed rule making by submitting TRANSITION AREA written data, views, or arguments to the Notice of Proposed Rule Making Proposed Designation Commander, Fifth Coast Guard District, The Coast Guard is considering a revi- U.S. Coast Guard, Federal Building, 431 sion of its fire main system regulation The Federal Aviation Administration Crawford Street, Portsmouth, VA 23705. to provide on all vessels engaged in is considering an amendment to Part 71 Each person submitting comment should oceanographic reseaich constant water of the Federal Aviation Regulations that identify the notice (CGF 72-19), the pressure on the fire main or for remote would designate the Covington, GIa., subject to which the comment is directed, control of fire pumps, as an alternative transition area. the reason or basis for views expressed, to maintenance of constant water pres- Interested persons may submit t;uch and the name, address, and business firm sure as presently required. This alterna- written data, views, or arguments as they or organization of the submitter. Each tive -is considered to provide equivalent may desire. Communications should be communication received before April 4, safety to presently required arrange- submitted in triplicate to the Federal 1972, will be considered and evaluated ments, and offers greater flexibility to Aviation Administration, Southern Re- before final action is taken on the pro- the designer. gion, Air Traffic Division, Post Office Box posal. The proposals may be changed in Interested persons are invited to sub- 20636, Atlanta, GA 30320. All eommunt- the light of comments received. cations received within 30 days after . At this time no hearing is mit written views, data, arguments or contem- comments to U.S. Coast Guard (CMC/ publication of this notice in the FnnasRA plated on the proposals in this docu- 82), Room 8234, 400 Seventh Street SW., REGISTER will be considered before action ment, but arrangements may be made Washington, DC 20590. All communica- is taken on the propozed amendment. No for-Informal conferences with cognizant tions received within 45 days after the hearing is contemplated at this time, but Coast Guard officials by contacting the date of publication of this notice in the arrangements for informal conferences- office of the Commander, Fifth Coast FEDERAL REGISTER will be fully considered with Federal Aviation Administration of- Guard District. Any data or views pre- before final action is taken on this no- ficials may be made by contacting the sented during such informal conferences tice. Each submission should identify the Chief, Airspace and Procedure3 Branch. must be submitted in writing to the Com- notice (CGFR. 72-20) and the section, Any data, views, or arguments presented mander, Fifth Coast Guard District, in give reasons for any recommendations, during such conferences must also be accordance with this notice in order that and include the name and address of the submitted in writing in accordance with they may become part of the docket. commentator. The proposed amendments this notice in order to become part of Copies of all Written comments received may be changed in the light of comments the record for consideration. The pro- will be available for examination by in- received. posal contained in this notice may be terested persons at the office of the Com- Copies of all written communications changed in light of comments received. mander, Fifth Coast Guard District, U.S. The official docket will be available for Coast Guard, Federal Building, 431 Craw- will be available for examination at U.S. Coast Guard Headquarters, in Room examination by interested persons at the ford Street, Portsmouth, VA 23705, both 8234, 400 Seventh Federal Aviation Administration, South- before and after the closing date. Street SW., Washing- ton, DC 20590. ern Region, Room 724, 3400 Whipple The Coast Guard is making this pro- In consideration of the foregoing, It is Street, East Point, GA. posal to reduce the cost of vessel docu- The Covington transition area would mentation without substantial reduction proposed to amend Part 193 of Chapter I be designated as: of Title 46 of the Code of Federal Regu- of services to the public. That airspace extending upward from 700 In consideration of the foregoing, it is lations by revising § 193.05-5(b) to read feeb above the surface within a 0.6-mile rit- proposed to amend Subpart 66.05 of Title as follows: dius of Covington Iunitcilpal Airport (lat.

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 PROPOSED RULE MAKING 263 ' 33°37'54! N., long. 83'51'07" W.); -within 5 In consideration of the foreoing, the The Statesboro transition area de- miles each side of Rex VOP.TAC 0930 radial, FAA proposes the following airspace scribed in § 71.181 extending from the 6.5-mile-radius area to (37 F.R. 2143) would 34 miles east of the VORTAC. action. be redesignated as: In § 71.181 (36 F.R. 2140) the descrip- That airspace extending upwar=d from 700 The proposed designation is required tion of the Eugene, Oreg., transition area feet above the surfaca within a 6.5-mile ra- to provide controlled airspace protection is amended as follows: dlus of Statesbo Municipal Airport (lat. for IFM operations at Covington luimicl- In line five of the text, delete, , 3213''25" i.. long. 81*44'03" W.); within pal Airport. A prescribed instrument ap- and that airspace southwest of Eugene 3 mic3 each side or the 120' and 326° bear- proach procedure to this airport, utilizing bounded on the east by a line 4.5 miles ian- from Statsboro EBN (lat. 32129'50" the Rex, Ga., VORTAC, is proposed in east of and parallel to the Eugene VOR I.. long 8144'22" W.). extending from the ° 0.5-mile-radiu. area to 8.5 miles southeast conjunction with the designation of this TAC 172 radial, on the south by an arc and northwe-t of the RBm. transition area. of an 18-mile-radius circle centered on This amendment is proposed under the the Eugene VORTAC, on the northwest The proposed alteration is required to authority of section 307(a) of the Fed- by a line 2 miles northwest of and paral- provide controlled airspace protection for eral Aviation Act of 1958 (49 U.S.C. 1348 lel to the Eugene VORTAC 2240 ra- IFR operations at Statesboro Municipal (a)) and of section 6(c) of the Depart- dial, * *" and substitute therefor, Airport. Since the original designation of ment of Transportation Act (49 U.S.C. "* * * and that airspace south of controlled airspace at Statesboro, U.S. 1655(c)). Eugene bounded on the east by a line 4.5 Army Aviation activities at designated Issued in East Point, Ga., on Janu- miles east of and parallel to the Eugene TAC sites in this area have been reduced VORTAC 172° radial, on the south by an to the extent that the arc reduction to ary 27, 1972. arc of a 21-mile-radius circle centered the southeast and the restriction to de- W. B. RucuRa, on the Eugene VORTAC, on the north- parting aircraft utilizing Runway 13 are Acting Director, Southern Region. west by a line 5 miles northwest of and no longer required. This permits a reduc- IH Doc.72-1639 Filed 2-3-72;8:46 am] parallel to the Eugene VORTAC 2240 tion in the 8.5-mile arc to the northwest radial; * * off. to 6.5 miles and an increase in the 5- This amendment is proposed under the mile arc to the southeast to 6.5 miles. The ° [ 14 CFR Part 71 1 authority of section 307(a) of the Fed- extension predicated on the 120 bear- eral Aviation Act of. 1958, as amended Ing from Statesboro RBN is required to [Airspace Docket No. 72-NW-04] (49 U.S.C. 1348(a)), and of section 6(c) provide controlled airspace protection for -,TRANSITION AREA of the Department of Transportation the proposed NDB RWY 31 Instrument Act (49 U.S.C. 1655(c) ). Approach Procedure. Proposed Alteration Issued in Seattle, Wash., on January This amendment is proposed under the The Federal Aviation Administration 28, 1972. authority of section 307(a) of the Fed- is considering an amendment to Part 71 C. B. WA, Jr., eral Aviation Act of 1958 (49 U.S.C. 1348 of the Federal Aviation Regulations that Dfrector. (a)) and of section 6(c) of the Depart- ment of Transportation Act (49 UZ.C. would alter the description of the Eu- [FR Doc.72-1637 Filed 2-3-72;8:46 am] gene, Oreg., transition area. 1655(c)). Interested persons may participate in Issued in East Point, Ga., on Janu- the proposed rule making by submitting [14 CFR Part 71 ] ary 27, 1972. such written data, views, or arguments [Airspace Docket No. 72-SO-71 W. B. RUcxza, as they may desire. Communications Acting Director,Southern Region. should be submitted in triplicate to the TRANSITION AREA [PR Doc72-1638 Piled 2-3-72;8:46 aml Chief, Operations, Procedures and Air- Proposed Alteration space Branch, Northwest Region, Fed- eral Aviation Administration, FAA Build- The Federal Aviation Administration [ 14 CFR Part 71 ] ing, Boeing Field, Seattle, Wash. 98108. is considering an amendment to Part 71 [Airspace Docket No. 71-CE-113] All communications received within 30 of the Federal Aviation Regulations that days after publication of this notice in would alter the Statesboro, Ga., transi- CONTROL ZONE AND TRANSITION the FEDERAL. REGISTER will be considered tion area. AREA before action is taken on the proposed Interested persons may submit such amendment. No public hearing is con- written data, views, or arguments as they Proposed Designation and Alteration templated at this time, but arrangement may desire.. Communications should be The Federal Aviation Administration for informal conferences with Federal submitted in triplicate to the Federal is considering amending Part 71 of the Aviation Administration officials may be Aviation Administration, Southern Re- Federal Aviation Re3ulations so as to made by contacting the Regional Air gion, Air Traffic-Divislon, Post Office Box designate a control zone and alter the Traffic Division Chief. Any data, views, 20636, Atlanta, GA 30320. All communi- transition area at Vichy, 1To. or arguments presented during such con- cations received within 30 days after Interested persons may participate in ferences must also be submitted in writ- publication of this notice in the FEDERAL the proposed rule making by submitting ing in accordance with this notice in REGISTER will be considered before action ,such written data, views, or arguments order to become part of the record for is taken on the proposed amendment. No as they may desire. Communications consideration. The proposal contained in hearing is contemplated at this time, but should be submitted in triplicate to the this notice may be changed in the light arrangements for informal conferences Director, Central Region, Attention: of comments received. A public docket with Federal Aviation Administration Chief, Air Traffic Division, Federal Avia- will be available for examination by in- officials may be made by contacting the tion Administration, Federal Building, terested persons in the office of, the Chief, Airspace and Procedures Branch. 601 East 12th Street, Kansas City, M11O Regional Counsel, Northwest Region, Any data, views, or arguments presented 64106. All communications receirVed- Federal Aviation Administration, FAA during such conferences must aldo be within 45 days after publication of this Building, Boeing Field, Seattle, Wash. submitted in writing in accordance with notice in the FzDzr.p REGISTER will be this notice in order to become part of considered before action is taken on the 98108. the record for consideration. The pro- An amendment to the VOR/DME proposed amendments. No public hearing posal contained in this notice may be is contemplated at this time, but arrange- Runway 34 procedure to the Mahlon- changed in light of comments received. ments for informal conferences with Sweet Airport requires a modification to The official docket will be available for Federal Aviation Administration officials the Eugene, Oreg., transition area in examination by interested persons at the may be made by contacting the Regional order to provide additional controlled Federal Aviation Administration, South- Air Traffic Division Chief. Any data, airspace protection to aircraft executing em Region, Room 724, 3400 Vhipple views, or arguments presented during the procedure. Street, East Polnt, GA. such conferences must also be submitted

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 26S4 PROPOSED RULE MAKING in writing in accordance with this no- the °Forney AAF VORO northwest by the Vichy 1354(a)), and section 6(c) of the Do- tice in order to become part of the record 216 radial. partment of Transportation Act (49 for consideration. The proposals con- These amendments are proposed under U.S.C. 1655 (c)). tained in this notice may be changed in the authority of section 307(a) of the Issued in Washington, D.C., on the light of comments received. Federal Aviation Act of 1958 (49 U.S.C. A public docket will be available for' January 28,1972. 1348), and of section 6(c) of the Depart- R. S. SL=' examination by interested persons in the ment of Transportation Act (49 U.S.C. Acting Director, Office of the Regional Counsel, Federal 1655(c)). Aviation Administration, Federal Build- Flight StandardsService. ing, 601 East 12th Street, Kansas City, Issued in Kansas City, Mo., on January [IFR Doc.72-1635 Filed 2-3-72;8:47 am] MO 64106. 7,1972. A control zone is being designated for JOHN AT. CYROcIMr, the Rolla National Airport, Vichy, Mo., Director,Central Region. inasmuch as that airport now meets the [FR Doc.'72-1640 Filed 2-3-72;8:46 am] DEPARTMENT OF LABOR requirements for such a designatiofi. It Manpower Administration is also necessary to alter the Vichy, Mo., transition area to more adequately pro- [14 CFR Part 121 ] [20 CFR Part 620 1 vide controlled airspace protection for [Docket No. 9003; Reference Notice 70-181 aircraft executing approach procedures HOUSING FOR AGRICULTURAL at the Rolla National Airport, to comply PILOT-IN-COMMAND ROUTE AND WORKERS with criteria when control zones are AIRPORT QUALIFICATION established and to change that portion Proposed Revision of Standards of the present transition area south of Withdrawal of Notice of Proposed Pursuant to proposed rule maldng! (37 the Vichy VORTAC from 3,000 feet MSL Rule Making P.R. 743, January 18, 1972), the Occu- to 1,200 feetMSL. The purpose of this notice is to with- pational Safety and Health Administra- In consideration of the foregoing, the draw Notice 70-18 (35 P.R. 7021) in tion of the Department of Labor Invited Federal Aviation Administration pro- which the Federal Aviation Administra- interested persons to submit written com- poses to amend Part 71 of the Federal tion solicited comments on a proposed ments to the Office of Safety and Health Aviation Regulations as hereinafter set amendment to Part 121 of the Federal Standards, Room 308, 400 First Street forth: Aviation Regulations that would have NW., Washington, DC 20210 by Febru- (1) In § 71.171 (36 P.R. 2055), the fol- provided new procedures for pilot in ary 18, 1972, in order to assist the Aa- lowing control zone is added: command route and airport qualification. sistant Secretary of Labor for Occupt- VICHY, Mo. Since the issuance of Notice 70-18, tional Safety and Health. further study has revealed that the reg- (1) In identifying any confllcti elstl. Within a 5-mile radius of the Rolla Na- ulation should be substantially changed between the "national conccnsug atandard& tional Airport (latitude 33°07'40" N., longi- which Is published In § 1010.142 and the tude 91°46'10"' W.); and within 3 miles each to reflect current qualification needs, capabilities, and technology; conse- "established Federal standarda" which arc side of the 0670 radial of the Vichy VORTAC published in 20 CFR Part 60 as they apply extending from the 5-mile-radius zone to 61, quently, a second notice of proposed rule to agricultural employment; and miles northeast of the Vichy VORTAC. making would be required. (2) In adopting under mction 0(a) of the (2) In § 71.181 (36 F.R. 2140), the fol- The FAA wishes to thank those com- Willlams-Steliger Occupaitional Safety arnd mentators who responded to Notice 70- Health Act the standard5 which attjro th' lowing transition area is amended to 18, and wants to assure all interested greatest protection of safoety and health to read: persons that the area of pilot in com- affected employees. VICHY, Mo. mand route and airport qualification Notice is hereby given that determi- That airspace extending upward from 700 will be carefully examined for the pur- nations mad6 pursuant to the above- feet above the surface within a 61-mile radi- pose of updating these requirements. mentioned rule making will, subject to us of the Rolla National Airport (latitude By reason of the foregoing, the FAA final publication, be Incorporated in the 38°07'40" N., longitude 91°46'10" W.); has determined that rule making action Manpower Administration Standards for and within 3 miles of each side of the 0670 on the proposed amendment is not ap- Housing for Agricultural Workers as pub- radial of the Vichy VORTAC, extending from propriate at the present time and that 6O radius area to 8'A miles northeast lished at 20 CFR Part 620. of the Vichy VORTAC; and that airspace ex- Notice 70-18 should be withdrawn. Pending a determination pursuant to tending upward from 1,200 feet above the The withdrawal of this notice, how- the above-mentioned proceeding, If an surface within 4% miles southeast and 91/2 ever, does not preclude the FAA from Occupational Safety and Health Admin- miles northwest of the Vichy VORTAC 067 ° issuing similar notices in the future nor istration Compliance Safety and Health and 2470 radials, extending from 4 miles does it commit the FAA to any course of Officer has conducted an inspection and southwest to 181 miles northeast of the action. has not alleged any violation, such In- VORTAC; within 8 miles southeast and 61, miles northwest of the Vichy VORTAC 0620 In consideration of the foregoing, the spected premises shall be considered In and 2420 radials, extending from 7 miles notice of proposed rule making published compliance with the requirement of 20 northeast to 24 miles Eouthwest of the in the FEDERAL REGISTER (35 P.R. 7021) CFR Part 620. VORTAC; and within the arc of a 22 -mile- on May 2, 1970, and circulated as Notice Signed at Washington, D.C., ths 27th radius circle centered on the Vichy VORTAC, 70-18, entitled "Pilot-in-Command day extending from the Vichy VORTAC 2160 of January 1972. VORTAC 321 Route and Airport Qualifications," is radial clockwise to the Vichy hereby withdrawn. MALCOLM R, LOVELL, Jr., radial and that airspace south of Vichy VOR Assistant Secretary TAC bounded on the northeast by the Vichy This withdrawal is issued under the of Labor for Manpower. 1381 radial, southeast by the 0520 radial of authority of section 313 (a) of the Fed- Maples VORTAC, south by the 086 ° radial of eral Aviation Act of 1958 (49 U.S.C. [FR Doc.72-1643 Filed 2-3-72;8:08 am]

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 26S5 Notices

INSIDE STATUTORY Gw.IU D=rrxcra 1069, the Department of Interior has DEPARTMENT OF THE INTERIOR Pursuant to Departmental regulations (43 prepared a draft environmental state- QFR 41152-1(k)) as amended January 7, ment on a ptoposed water supply project Geological Survey 1972 (32 P.R. 213). fees within districts. ex- designed to furnish a dependable munic- cept as otherwise provided herein. chall bo ARKANSAS, CALIFORNIA, ipal and industrial water supply in the 66 cents per AUM of which 43 cents is the Gulf coast area near Edna, Tex. MISSISSIPPI, WYOMING grazing use fee and 23 cents Is the range Copies are available for inspection at Improvement fee. Definitions of Known Geologic Struc- - Exceptions to the above ratc3 are hereby the following locations: ,tures of Producing Oil and Gas set as follows for certain LU project lands Ofic2 of Ecology, Room 7620, Bureau of Rec- Fields (national grasslands) In order to continua lamatlon, Department of the Interior, the basis of fees that has heretofore been W~ashington, D.C. 20240, Telephone (202) Pursuant to 43 CFR 3100.7 notice is established: 343-4931. hereby given that the known geologic Arizona: For the San Simon project (Cis- Division of Engineering Suppot, E&B Center. structures of producing oil and gas fields nega area) transferred to the Department by TechnIcal Services Branch, Building 67, as follows: E.O. 10322, the fees shall be 1.27 per AU.1 Denver Federal Center, Denver, Colo. have been defined of which 43 cents is the grazing fee and 8-1 80225. Telephone (303) 234-207. NAm 'or FxED, EFmCzTVE DATE, ACREAGE cents Is the range improvement fee. Ofco of the Regional Director, Bureau of Colorado: For the Great Divide project * Reclaratlon, Herring Plaza, Box H-4377, (4) ARRANSAS transferred to the Department by E.O. 10046, Amarillo, TX 79101, Telephone (806) Rock Creek, August 6, 1971, 5,16. the fees shall be 83 cents per AUM.! of which 376-2403. 43 cents is the grazing use fee and 40 cents Austin Development Office, Bureau of Recla- CALIwoRA (5) is the range Improvement fee. mation, Post Oce Box 1945, Federal Midway, November 29, 1971, 32,927. Montana: For all LU lands within districts Building. Austin, TX 78767, Telephone transferred to the Department by E.O. 107870 (512) 475-5641. (24) 31ISSISSIPPI the fees shall be 85 cents per AUM. of which Single copies of the draft statement Kirby, September 13, 1971, 273. 43 cents is the grazing use fee and 42 cents Mills Branch, September 14, 1971, 191. Is the range improvement fee. may be obtained on request to the Com- Northeast Freewods-Zeigler Creek, Decem- New Mexico: For the Hope Land project mLssoner of Reclamation, Regional Di- ber 15, 1971, 967. transferred to the Department by E.O. 10787, rector, or Austin Planning Officer. In ad- North Freewoods, October 21, 1971, 984. the fees shall be 76 cents per AU?. of which dition, copies may be purchased from the Providence, September 15,'1971, 239. 43 cents is the grazing uco fee and 33 cents National Technical Information Service, South Providence, September 14, 1971, 627. Is the range Improvement fee. Department of Commerce, Springfield, (50) WYOMNG OUTSMaE STATUTORY GaAm.o Dxsnu=-3 Va. 22151. Please refer to the statement Joe Creek, October 7, 1971, 1,103. (ExcLUSIvE oF ALASM) number above. Lazy B, October 5, 1971, 1,000. Pursuant to departmental regulations (43 Dated: January 26, 1972. Springen Ranch, September 13, 1971, 7,172. CFR 4125.1-1(m) ), the rate for grazing leases Star Corral East, September 14, 1971, 2,408. except as otherwise provided herein, chall be W. W. Lvoxs, Whisler, November 1, 1971, 600. 66 cents per AULT of which 25 percent is the Deputy Assistant Secretary range Improvement fee. of the Interior. Maps and diagrams showing the Exceptions to the above rate are hereby [FR Dac.72-1031 Filed 2-3-72;8:45 am] boundaries of the defined structures set as follows for certain LU project lands have been filed with the appropriate and for all O&C and intermingled public land office of the Bureau of Land lan- domain lands In western Oregon In order to [INT DES 72-101 agement and are also of record in the continue the basis of fees that has hereto- Geological Survey, Washington, D.C. fore been cstabliched: COLORADO RIVER FRONT WORK Montana: For those Milk River Land proj- Dated: January 31, 1972. AND LEVEE SYSTEM, ARIZ. ect lands outside districts transferrcd to the W. A. RPAnszisx, Department by E.O. 10787, the fee rhnll be Notice of Availability of Draft Acting Director. 85 cents per AUMI of which 26 percent is the Environmental Statement range improvement fee. [FR Doc.72-1682 Filed 2-3-72:8:49 am] Wyoming: For the Northeast Wyoming Pursuant to section 102(2) (C) of the project transferred to the Department by E.O. National Environmental Policy Act of 10046 and amended by M-O. 10173, the fee 1069, the Department of the Interior has Bureau of Land Management shall be 83 cents per AUM of which 23 percent ,prepared a draft environmental state- is the range improvement fee. ment on a proposed project to prevent LIVESTOCK GRAZING ON PUBLIC Western Oregon: For western Ore.on the LANDS the seepage of saline water from the fee shall be 90 cents per AUM. Main Outiet Drain into the ground-water Schedule of Fees for 1972 W. T. PzcoA, of the South Gila Valley, thereby allow- Acting Secretary of the Interior. ing improvement Pursuant to the authority vested in of the quality of water delivered to Mexico and eliminating the the Secretary of the Interior, notice is JA uARY28, 1972. deterioration of the ground water in the hereby given of the schedule of fees for [1-7, Doc.72-1080 Filed 2-3-72:8:49 am] South Gila Valley. the 1972 fee year beginning MNTarch 1, Copies 1972, and ending are available for inspection at February 28, 1973, the following locations: for livestock grazing on the public lands. Bureau of Reclamation Office of EcoloZy. Room 7620, Bureau of Rec- For the purpose of establishing [INT DES 72-11] lamatlon. Department of the Interior, charges, one'animal unit month (ALT) Washington. D.C. 20240, Telephone (202) AUTHORIZEb PALMETTO BEND shall be considered equivalent to graz- 343-4991. PROJECT, TEX. Division of Engineering Support, E&B Cen- ing use by one cow, five sheep, or one ter, Techncal Seravice Branch, Building horse for 1 month. The charge for one Notice of Availability of Draft 67, Denver Federal Center, Denver, Con,. horse is at twice the rate for one cow. Environmental Statoment E8225, Telephone (303) 243-3007. Office of the Regional Director, Bureau of Bills shall be issued in accordance Pursuant to section 102(2) (C) of the Reclamation, Post Offce Box 427, Boulder with the rates prescribed in this notice. National Environmental Policy Act of City. NV 89005, Telephone (702) 293-8560.

7 FEDERAL REGISTER, VOL 37, NO. 24--FRIDAY, FEBRUARY 4, 1972 No. 24 -Ft. I-r-- 2686 NOTICES Single copie of the draft statement proposes to issue a concession permit to final outturn weights on which cistomitt may be obtained on request to the Com- Sivertson Bros., Duluth, Minn., authoriz- duty and refiners' payments are ban.ed. missioner of Reclamation or the Regional ing them to provide concession facilities ndependent weighers are those welgherj Director. In addition, copies may be pur- and services for the public at Isle Royale of sugar who are not directly or Indi- chased from the National Technical In- National Park for a period of 5 years rectly engaged in the buying or selling of formation Service, Department of Com- from January 1, 1972 through Decem- sugar while dependent weighers are merce, Springfield, Va. 22151. Please refer ber 31, 1976. those which may be controlled through to the statement number above. The foregoing concessioners have per- ownership or otherwise by a buyer or formed their obligations under a prior seller of imported foreign raw sugar. The Dated: January 26, 1972. permit to the satisfaction of the National Department also desires information on W. W. LYoNs, Park Service and, therefore, pursuant to customary procedures used In weighing Deputy Assistant Secretary the Act cited above, are entitled to be imported sugar, as well as types of scales of the Interior. given preference in the renewal of the used and frequency and methods used in [Ml Doc.72-1630 Filed 2-3-72;8:45 am] permit and in the negotiation of a new the testing of scales for accuracy by gov- permit. However, under the Act cited ernment officials and others. above, the National Park Service is also All written submissions made Pursuant [INT DES 72-12] required to consider and evaluate all to this notice will be made available for as a result, of this PUEBLO DAM AND RESERVOIR proposals received public Inspection at such times and notice. Any proposal to be considered places and in a manner convenient to the FRYINGPAN-ARKANSAS PROJECT, and evaluated must be submitted within public business (7 CFR 1,27(b)). All such COLO. thirty (30) days after the publication written submissions shall be submitted date of this notice. - 'in triplicate and shall be in documentary Notice of Availability of Draft Interested parties should contact the Environmental Statement form. Superintendent, Isle Royale National The hearing, after being called to Pursuant to section 102(2) (C) of the Park, Post Office Box 27, Houghton, =VI order at the time and place mentioned National Environmental Policy Act of 49931, for information as to the require- herein, may be continued from day to 1969, the Department of the Interior has ments of the proposed permit. day within the discretion of the presiding prepared a draft environmental state- Dated: January 7, 1972. officers and may be adjourned to a later ment for continuing construction of HuGH P. BEATTIE, day or to a different place without notice Pueblo Dam and Reservoir, an authorized other than announcement thereof at the the Fryingpan-Aranksas Superintendent, feature of Isle Royale National Park. hearings by the presiding officers. Project. This environmental statement Tom 0. Murphy, Leo L. Sommerville, concerns construction of the dam and [FR Doc.72-1641 Filed 2-3-72;8:46 am] Robert R. Stansberry, Jr., Edwin H. appurtenant facilities. Its principal func- Matzen, and Ellsworth R. DeMasters are tions are to provide storage and regula- tion of municipal, industrial, and agricul- hereby designated as presiding officers to tural water, flood protection, recreation, DEPARTMENT OF AGRICULTURE conduct either Jointly or severally the fish and wildlife enhancement and sedi- foregoing hearing. ment reduction. Copies are available Agricultural Stabilization and Conservation Service Signed at Washington, D.C., on Jan- from: uary 31, 1972. Office of Ecology, Room 7620, Bureau of Rec- IMPORTED SUGAR XENimn E. Fiticu, lamation, Department of the Interior, Administrator,Agricultural Sta- Washington, D.C. 20240, Telephone (202) Notice of Hearing To Determine bilization and Conscrvation 343-4991. Whether or Not the Weighing of Office of the Regional Director, Bureau of Service. Reclamation, Denver, Colo., Building 20, Shipments Should Be Permitted [FI Doc.72-1673 Filed 2-1-72;1:49 pml Denver Federal Center, Telephone (303) Only by Persons Having No Direct 234-4441. Financial Interest Consumer and Marketing Service Single copies of the final environ- This hearing is being held in order that mental statement may be obtained on the Secretary may obtain information to EGG PRODUCTS INSPECTION ACT request to the Commissioner of Reclama- make a determination if necessary pur- tion and the Regional Director. In addi- suant to paragraph (c) of section 403 of Cooperative Agreement With Food tion copies are available from the Na- the Sugar Act of 1948 as amended on and Drug Administration for Ad- tional Technical Information Service, October 14, 1971, which reads as follows: ministration and Enforcement Department of Commerce, Springfield, Va. 22151, for $3 each. Please refer to the Whenever the Secretary determines that The Consumer and Marketing Serv- statement number above. such action is necessary to protect the in- ice-USDA (hereinafter called C&MS) terests of the United States, consumers of and the Food and Drug Administration Dated: January 26, 1972. sugar, or the exporters or importers of sugar, he is authorized to require, in accordance (hereinafter called FDA) do hereby atce W. W. LYONS, with such rules and regulations as he may to the following terms and conditions as Deputy Assistant Secretary prescribe, any or all shipments of imported stated herein. of the Interior. sugar to be weighed by persons not con- trolled, directly or indirectly, by any person Purpose. To establish a cooperative agreo- [FR Doc.72-1632 Plied 2-3--72;8:45 am] ment in administering and enforcing tho having a direct financial interest in such Egg Products Inspection Act (Public Lanw 01- sugar. 597). National Park Service An informal public hearing on the I. Responsibillties under Egg Producti In- matter will be held in Room 2096, South spection Act. ISLE ROYALE NATIONAL PARK Building, U.S. Department of Agricul- A. C&AlSshall: ture, 14th and Independence Avenue 1. Have exclusive Jursdiation In o lcal egg Notice of Intention To Issue a products plants and exempted egg products Concession Permit SW,, Washington, DC, beginning at 10 a.m. on February 29, 1972. plants. Pursuant to the provisions of section 2. Have exclusivo jurisdiction in cheelhlng At the hearing all interested parties egg producers, pachers, and other firm on- 5, of the Act of October 9, 1965 (79 Stat. are invited to give testimony or to submit gaged in marketing eggs, including hatch- 969; 16 U.S.C. 20) public notice is hereby information relating to the weighing of eries, to determine the disposition of ro- given that thirty (30) days after the date imported sugar by "independent" and stricted eggs (oheck, dirty, Incubator reject, of publication of this notice, the Depart- "dependent" weighers as it enters the inedible, leaker, or loss). ment of the Interior, through the Super- United States, especially information re- 3. Have jurisdiction over imported egg intendent, Isle Royale National Park, lating to the accuracy or inaccuracy of products.

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 26S7

B. FDA shall: VII Authority: States Supcrrird by San FranciacoregonaZ Have exclusive jurisdiction over restau- This Agreement is entered Into under the GradingOffice rants, Institutions, food manufacturing authority of the Economy Act, approved Juno ALT-k Nevada. plants, and other similar establishments, that Arizona. Oregon. and serve eggs or use them In their 30, 1932, as amended, 31 U.S.C. C89. break California. Utah. products to determine, among other things, Approved and accepted for the Food and Harnal. W ington. that the eggs used do not contain more re- Drug Administration. Idaho. Wyoming. stricted eggs than are allowed In U.S. Con- JoMTl C. Daara, fontana. sumer Grade B. Ari-nmx B IL Services to be performed: ActingAssistant Commisoner A. C&MS shall: for Adminfstratior. A. DirECrO5Yorr Z 1ONAL O55ZS 1. Notify FDA whenever It has reason to Dated: December 1,1971. ReiCoI: nnticut, M e. Machutts, believe that shell eggs or egg products have New Hampshire, Rhode Island, Vermont. of Approved and accepted for the Consumer been shipped In commerce In violation 7. F. Kennedy Federal Building. Govern- to a receiver for which FDA has ex- and Mlarketing Service-USDA. the Act ment Center, Bcoton. Mass. 02203. clusive jurisdiction. 0. R. Gns u, Deputy Region II: New Jerzay, New York, Puerto 2. Have primary responsibility for deter- Admfnfstrator, Rico, and Virgin .Ionda. mining that retail stores comply with the Marketng Scrrcca. Federal BuildIng. 26 Federl Plaza., New Act, with respect to their purchases and sales York. N.Y. 10017. DecemberD, 1971. of shell eggs. Dated: Reion II: Delaware, District of Columbla, 3. Check Imported shell eggs for the proper A~rp.r A Maryland. Pennsylvania, Virginia. West labeling and disposition of restricted eggs, Uam Virginia. and will notify PDA before release of any lot CONS AD =MU.rn o sEav=c nMONAL 401 North Broad Street, 71-1: Past Offlae for domestic commerce. orr=s oF POULTay Divior. Box 8796, Philadelphla. PA 19103. 4. Notify FDA when applications are made Easter gion Reton IV: Alabama, Florida. Georgia, Ken- to Import shell eggs Into the United States. tucky, lsslsslppl, North Carolina, $uth B. FDA shall: James B. York. Regional Director. Carolina. Tennezzee. 1. Be responsible for exercising the.admln- Henry J. Binnix, Assistant Reglonal Director. Room 404. 50 Seventh Street NEl., Atlanta, istrative detention authority provided in the Reba Rosenzweig. Administrative Assistant. GA30323. Act with respect to shell eggs and egg prod- 1008 U.S. Customhouse. Second and Che-t- Relon V: Ilinois, Indiana. MIchigan. MInne- ucts located on the premises of establish- nut Streets, Philadelphia, PA 19108, cota, Ohio. Wisconsin. ments for which FDA has jurisdiction. Telephone--Area Code 215 597-4534. Room 712, New Post Office Building, 433 2. Notify C&MS of violations under item States Superviscd by Philadelphia ncgional Vest Van Buren Street, Chicago, IL I.B, Responsibilities of FDA, so that USDA Grading Office 0C07. can check on the seller of the restricted eggs Region VI: Ar , LouLsana, New Mexico, lor a possible violation of the.Act. If food Connecticut. NewYork Oklahoma. Texa. manufacturers decide to break eggs below Delaware. North Carolina. 1114 Commerce Strcet,Dilaz,TXT5202. U.S. Consumer Grade B, the egg breaking District of Pennsylvania. Regon VII: Iowa. Kansas, Missouri, Ne- portion of their operation would require Columbia. Puerto Rico. braska. C&MS inspection. Florida. Rhode Island. C01 East 12th Street. an sa Clty MO 3. Continue to be responsible for standards Georgia. South Carolina. C4106. of identity for egg products. Maine. Vermont. Region VIII: Colorado, Montana. Worth 4. Be responsible for food products con- Mlndchusetts. VeztVirginia. Dakota. Utah, Wyoming, South Dakota. taming eggs that are not egg products as New Hampshire. Virgin Islands. 9017 Federal Office Building, 19th and defined by the Act except where on an in- New Jersey. Stout Streets, Denver. CO 80202. dividual basis, C&MS and FDA agree to Region IX: Arizona, California, Hawaii, C&MS responsibility for such food products EastblidwestRcgfon Nevada. Guam. American Samoa, Trust being produced in an egg product plant. DaleH. Shearer. Regional Director. Territory of Pacific 1lands, Wake Island. Federal Office Building. 50 Fulton Street. 5. Notify C&AS of any unwholesome egg Jack H. Brownlow. Assistant Regional Dlrcc- San Franclsco, CA 94102. products it encounters, including imported tor. shell eggs which contain restricted eggs not Majore Mason, Administrative AssIstant Region X: Alaska, Idaho, Oregon. Washing- in accordance with USDA regulations and 610 South Canal Street, Room 803. Chlesgo, ton. labeling requirements. 3L 60Go7, Telephonc-Arm Code 312 Arcade Building, 1321 Second Avenue, 6. Continue to monitor imported shell eggs 353-6226. SeattleWA98101. and domestic shell eggs for the presence of St ,eSupervicd by Chao eigcioal 1.1 FIE=D WOs= pesticides, etc. Grading Offle 31L Field liairson will be maintained be- a. Rcgfonal Food ad Drug Directort tween C&AS and FDA through the C&MES Alabama. ichlgan. Region I-Arthur j. Beebe. regional offices of Poultry Division (Appen- ArkanSa-S "'A'IppL Region II-Weens L. Clevenger. dlx A, set forth below) and FDA Regional Illinols. Ohio. RegIon Irn-Theo. C. lmravliia. Offices (Appendix B, set forth below). . Indiana. Tennessee. Region lU-Le-sle 0. mc-1illin. IV. Name and address of participating Xentucky3. W71consin. Region V-Donald C. Healton. agency: Louiana ReZion VI-LouL3 C. Weiss. Consumer and Marketing Servic--USDA, West MidCst Region Region VII-loyd Claiborne. Washington, D.C. Frank J. Santo, Regional Director. Region VIII-Fred L. Locvold. Region IX-Irvin B. Berch. V. Liaison officers: Donald A. Niebuhr, Assistant Regional Regon X--. V. §wann, Acting. A. Mr. Kelvin Xeath, Executive Director of Director. Regional Operations. 5600 Fishers Lane, Grace C. Hagedorn, Administrative A-L'±ant. Signed at Washington, D.C., this 31st Room 12-72, Rockville, AM 20852, 301-443- 210 Walnut Street, Room 777. Des Molnea. day of January 1972. 1240. IA 50309, Telephone--Arca Code 515 B. Mr. William E. Hauver, Director of Poultry 28-4581. G. R. GriAN, Division. Marketing Services. C&MS, Wash- Deputy Adminfstrator, ington, D.C. 20250. 202-388-4476, Colorado. New Mexico. Marketing Serrice.. C. Mr. Richard S. Nacewicz, Division of Rteg- Iowa. North Dakota. ulatory Guidance-Bureau of Foods, Food Kansas. Oklahoma [PR Dc.72-IM2 Fled 2-3-72;8:45 ami and Drug Administration, 200 C Street SW, Minnesota South Datota. Washington, DO 20204,202-963-5078. Misouri. Texas. Nebraska. VI Period of agree&ent: This Agreement when accepted by both States Supervlsed by Des Moncs rcgional Rural Electriflcation Administration parties will run indefinitely. However, this Grading Offlce Agreement or any of its specific provisions CENTRAL ELECTRIC POWER may be revised or amended only by signa- Westcmncyion COOPERATIVE, INC. ture of the parties to the Agreement, their R. A. Dorsett, Regional Director. designees, or their respective official suc- Rodney Voorhem, Assistant Regional Diree- Draft Environmental Statement cessors. Cancellation may be made upon tor. Notice Is hereby given that the Rural thirty (30) days written notice of either party Sue Takahashi, Administrative Asstant. to the other. 630 Sansome Street, Room 807, Saa Fran- ElectrIflcation Administration has pre- 415 556-64M. cisco, CA 94111, Telephone-Arela Code paxed a Draft Environmental Statement

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 2688 NOTICES in accordance with section 102(2) (C) of Rural Electrification Administration, the National Environmental Policy Act U.S. Department of Agriculture, Wash- DEPARTMENT OF HEALTH, of 1969, in connection with a reclassifica- ington, D.C. 20250. The final -Environ- tion of loan funds requested by the bor- mental Statement may be examined dur- WELFARE rower. This reclassification provides for ing regular business hours at the offices EDUCATION, AND the installation of a 20 mw. gas turbine of REA in the South Agriculture Build- Food and Drug Administration on Hilton Head Island, S.C. ing, 12th Street and Independence Ave- IDocket No. FDO-D-843% NIDA 6-053] Additional information may be secured nue SW., Washington, D.C., Room 4322 on request, submitted to Mr. James N. or at the borrower address indicated BREON LABORATORIES, INC. Myers, Assistant Administrator-Elec- above. tric, Rural Electrification Administra- Final REA action with respect to this p-Nitrosulfathiazole for Rectal Use; tion, U.S. Department of Agriculture, matter (including any release of funds) Notice of Withdrawal of Approval Washington, D.C. 20250. Comments are may be taken after thirty (30) days, but of New Drug Application particularly invited from State and local only after REA has reached satisfac- agencies which are authorized to develop tory conclusions with respect to its envi- On July 23, 1971, there was published and enforce environmental standards, ronmental effects and after procedural in the FEDERAL RmoisTrn (30 P.R. 13695) and from Federal agencies having juris- requirements set forth in the National a notice of opportunity for hearing diction by law or special expertise with Environmental Policy Act of 1969 have (DESI 6653) in which the Commissioner respect to any environmental impact in- been met. of Food and Drugs proposed to issue au volved from which comments have not order under section 505(e) of the Federal Dated at Washington, D.C., this 1st Food, Drug, and Cosmetic Act (21 U.S.C. been requested specifically. day of February 1972. Copies of the REA Draft Environmen- 355(e)) withdrawing approval of new tal Statement have been sent to various DAvm A. HAnIm, drug application No. 6-653, Nlsulfa- Federal, State, and local agencies, as out- Administrator,Rural zole (p-nitrosulfathiazole) Suspension; lined in the Council on Environmental ElectrificationAdministration. Breon Laboratories, Inc., subidiary of Quality Guidelines. The Draft Environ- [FR Doc.72-1688 Filed 2-3-72;8:50 am] Sterling Drug, Inc., 90 Park Avenue, mental Statement may be examined dur- New York, N.Y. 10016, on the grounds ing regular business hours at the offices that there Is a lack of substantial evi- ,of*REA in the South Agriculture Build- COLORADO-UTE ELECTRIC dence that the drug will have the effeot ing, 12th Street and Independence Ave- ASSOCIATION, INC. it purports or Is represented to have nue SW., Washington, D.C., Room 4322, under the conditions of use prescribed, or at the borrower address indicated Final Environmental Statement recommended, or suggested in lio above. Notice is hereby given that the Rural labeling. Comments concering the environ- Electrification Administration has pre- In response to that notice Breon Lab- mental Impact of the construction pro- pared a Final Environmental Statement oratories, by letter dated July 27, 1971, posed should be addressed to Mr. Myers in accordance with section 102(2) (C) of "voluntarily requested withdrawal of the at the address given above. Comments the National Environmental Policy Act NDA, and thereby waived opportunity must be received within thirty (30) days of 1969, in connection with a loan to for a hearing, stating that the product I. of the date of publication of this notice Colorado-Ute Electric Association, Inc., no longer marketed. to be considered in connection with the Post Office Box 1149, Montrose, CO 81401. The Commissioner of Food and Drugs, proposed action. This loan includes financing for ap- pursuant to provisions of the Federal Final REA action with respect to this proximately seventy (70) miles of 230 kv. Food, Drug, and Cosmetic Act (teo. 605 matter (including any release of funds) transmission line between the Hayden (e), 52 Stat. 1053, as amended; 21 U.S.C. will be taken only after REA has reached substation and Wolcott, Colo., and ap- 355(e) ) and under authority delegated to satisfactory conclusions with respect to proximately twenty (20) miles of 115 kv. him (21 CFR 2.120), finds on the babdi of Its environmental effects and after Pro- transmission line between Wolcott and new information before him with rczpect cedural requirements set forth in the Na- Vail, Colo. to the drug, evaluated together with the tional Environmental Policy Act of 1962 Additional information may be se- evidence available to him when the ap- have been met. cured on request, submitted to Mr. plication was approved, that there Is a James N. Myers, Assistant Administra- lack of substantial evidence that Nisul- Dated at Washington, D.C., this 1st day fazole Suspension will have the effect ib of February 1972. tor-Electric, Rural Electrification Ad- ministration, U.. Department of Agri- purports or Is represented to have under DAvIn A. HAmm, the conditions of use prescribed, recom- Administrator,Rural culture, Washington, D.C. 20250. The Electrifteation Administration. Final Environmental Statement may be mended, or suggested in Its labeling. examined during regular business hours Therefore, pursuant to the foregoing [FR Doo.72-1690 Filed 2-3-72;8:50 am] at the offices of REA in the South Agri- findings, approval of the above new drug culture Building, 12th Street and Inde- application, and all amendments and COLORADO-UTE ELECTRIC pendence Avenue SW., Washington, D.C., supplements thereto, is withdrawn effec- I ASSOCIATION, INC. Room 4322 or at the borrower address tive on the date of publication of thlis document. Final Environmental Statement indicated above. Final REA action with respect to this Dated: January 27, 1972. Notice is hereby given that the Rural matter (including any release of funds) R. E. DuGOAW, Electrification Administration has pre- may be taken after thirty (30) days, but Acting Associate Commissioner pared a Final Environmental Statement for Compliance. in accordance with section 102(2) (C) of only after REA has reached satisfactory the National Environmental Policy Act conclusions with respect to its environ- [PR Do0.72-1685 Filed 2-3-72;8:60 am] of 1969, in connection with a loan to mental effects and after procedural re- Colorado-Ute Electric Association, Inc., quirements set forth in the National [Docket No. mC-D-413: flDA No. 7-6031 Post Office Box 1149, Montrose, CO 81401. Environmental Policy Act of 1969 have This loan, together with funds from other GLENWOOD LABORATORIES sources, includes financing for 20 per- been met. cent (approximately 50 row.) of a gen- Dated at Washington, D.C., this 1st Potassium Aminobenzoate Oral Prep- erating unit to be installed in an exist- day of February 1972. arations; Notice of Opportunity for ing plant in Hayden, Colo. DAvm A. HArs., Hearing on Proposal To Withdraw Additional information may be secured Administrator, Rural Approval of New Drug Application on request, -submitted to Mr. James N. Electrification Administration. In a notice (DESI 7663) published In Myers, Assistant Administrator-Electri, [F Doc.72-1689 Filed 2-3-72;8:50 am] the FEDEMui REGISR Of August 28, 1970

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 2689

(35 F.R. 13755) the Commissioner of cerns a method or process the Commis- tice stated that the drug is regarded as Food and Drugs announced his conclu- sioner finds entitled to protection as a po:sibly effective for the labeled indi- sions pursuant to the evaluation of a re- trade secret will not be open to the public, cations. The pozsibly effective indications port received from the National Academy unless the respondent specifies other- have been reclassified as lacking sub- of Sciences-National Research Council, wise in his appearance. stantial evidence of effectiveness in that Drug Efficacy Study Group, on the drug If such persons elect to avail them- no new evidence of effectiveness of the described below, stating that the drug is selves of the opportunity for a hearing, drug has been submitted within the regarded as possibly effective, "and lack- they must file, within 30 days after pub- period provided. ing substantial evidence of effectiveness lieation of this notice in the FEDEnAL Therefore. notice is given to Schering for the various labeled indications. The REGISTER, a written appearance request- Corp. and to any interested person who possibly effective indications have been ing the hearing, giving the reasons why may be adverzely affected, that the Com- reclassified as lacking substantial evi- approval of the new drug application missioner proposes to issue an order dence of effectiveness in that no new evi- should not be withdrawn, together with a under section 505(e) of the Federal dence of effectiveness of the drug has well organized and full factual analysis Food, Drug, and Cosmetic Act (21 US.C. been submitted within the period of the clinical and other investigational 355(e)) withdrawing approval of new provided. data they are prepared to prove in sup- drug applications Nos. 8-021 and 8-95 NDA 7-673; Potaba Capsules, Envules, port of their opposition. and all amendments and supplements Powder, and Tablets containing potas- A request for a hearing may not rzt thereto on the grounds that new infor- sium aminobenzoate; Glenwood Labora- upon mere allegations or denials, but maton before him with respect to the tories, Inc., 83 Summit Street, Tenafly, must set forth Specific fact3 showing that drug, evaluated together with the evi- N.J. 07670. a genuine and substantial Issue of fact dence available to him when the appli- Therefore, notice is given to Glenwood requires a hearing. When it clearly ap- cations were approved, shows there is a Laboratories and to any interested per- pears from the data in the application lack of substantial evidence that the drug son who-may be adversely affected, that and from the reasons and factual analysis will have all the effects it purports or is the Commissioner proposes to issue an in the request for the hearing that no fepresented to have under the conditions order under Section 505 (e) of the Federal genuine and substantial issue of fact of use prescribed, recommended, or sug- Food, Drug, and Cosmetic Act (21 U.S.C. precludes the withdrawal of approval of gested in Its labeling. 355(e)) withdrawing approval of the the application, the Commissioner will In accordance with the provisions of listed new drug application and all enter an order on these data, making section 505 of the Act (21 U.S.C. 355) amendments and supplements thereto on findings and conclusions on such data. and the regulations promulgated there- ,the grounds that new information before If a hearing is requested and justified under (21 CFR Part 130), the Commis- him with respect to the drug, evaluated by the response to this notice, the issues sioner will give the applicant, and any together with the evidence available to will be defined, a hearing examiner will interested person.who would be adversely him when the application was approved, be named, and he shall issue, as soon as affected by an order withdrawing such shows there is a lack of substantial evi- practicable after the expiration of such approval, an opportunity for a hearing dence that the drug will have all the ef- 30 days, a written notice of the time and to show why approval of the new drug fects it purports or is represented to have place at which the hearing will com- applications should not be withdrawn. under the conditions of use prescribed, mence. (35 F.R. 7250, Alay 8, 1070; 35 P.R. Any related drug for human use, not the recommended, or suggested in its 16631, Oct. 27, 1970.) subject of an approved new drug ap- labeling. Received requests for a hearing and/or plicatlon, may be affected by this action. .in accordance with the provisions of elections not to request a hearing may be Within 30 days after publication hereof section 505 of the Act (21 U.S.C. 355) seen in the office of the Hearing Clerk in the Fimmzl. REGISTER, such persons and the regulations promulgated there- (address given above) during regular are required to file with the Hearing under (21 CFR Part 130), the Commis- business hours, Monday through Frlday. Clerk, Department of Health, Education, sioner will give the applicant, and any This notice is issued pursuant to pro- and Welfare, Room 6-88, 5600 Fishers interested person who would be adversely visions of the Federal Food, Drug, and Lane, Rockvile,.aryland 20852, a writ- affected by an order withdrawing such Cosmetic Act (see. 505, 52 Stat. 1052-53, ten appearance electing whether: approval, an opportunity for a hearing as amended; 21 US.C. 355) and under 1. To avail themselves of the oppor- to show why approval of the new drug authority delegated to the Commissioner tunity for a hearing; or application should not be withdrawn. (21 CPR 2.120). 2. Not to avail themselves of the op- Any related drug for human use, not Dated: January 27, 1972. portunity for a hearing. the subject of an approved new drug If such persons elect not to avail them- application, may be affected by this R. E. DruGao, selves of the opportunity for a hearing, action. Acting Associate Commissioner the Commissioner without further notice Within 30 days after publication hereof , for Compliance. will enter a final order withdrawing ap- in the FEDERAL REGISTER such persons are [F1 Doc.72-1686 Fled 2-3-72;8:50 am] proval of the new drug applications. Pail- required to file with the Hearing Clerk, ure of such persons to file a written ap- Department of Health, Education, and [DESI 8021; Docket No. FDC-D-411; ND.V pearance of election within said 30 days Welfare, Room 6-88, 5600 Fishers Lane, will be construed as an election by such Rockville, Md. 20852, a written appear- 8-21,8-8951 persons not to avail themselves of the ance electing whether: SCHERING CORP. opportunity for a hearing. 1. To avail themselves of the oppor- The hearing contemplated by this no- tunity for a hearing; or Certain Drugs Containing Meparfynol; tice will be open to the public except; 2. Not to avail themselves of the op- Notice of Opportunity for Hearing that any portion of the hearing that con- portunity for a hearing: on Proposal To Withdraw Approval cerns a method or process the Commis- If such persons elect not to avail sioner finds entitled to protection as a themselves of the opportunity for a hear- of.New Drug Applications trade secret will not be open to the pub- ing, the Commissioner withoit further In a notice (DESI 8021) published in lie, unless the respQndent specifies other- notice will enter a final order withdraw- the FEDERAL REGISTER of August 26, 1970 wise in his appearance. ing approval of the new drug applica- (35 F R. 13604), the Commissioner of If such persons elect to avail them- tion. Failure of such persons to file a Food and Drugs announced his conclu- selves of the opportunity for a hearing. written appearance of election within sions pursuant to the evaluation of re- they must file, within 30 days after pub- said 30 days will be construed as an elec- ports received from the National Academy lication of this notice in the Fm . tion by such persons not to avail them- of Sciences-National Research Council, REGISTER, a written appearance request- selves of an opportunity for a hearing. Drug Efficacy Study Group on Dormlson ing the hearing, giving the reasons why The hearing contemplated by this no- (meparfynol) Capsules; Schering Corp., approval of the new drug application tice will be open to the public except 1011 Morris Avenue, Union, New Zersey should not be withdrawn, together with that any portion of the hearing that con- 07083 (NDA's 8-021 and 8-895). The no- a well organized and full factual analysis

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY, 4, 1972 2690 NOTICES of the clinical and other investigational 1333 of title 46, United States Code, sec- of lifesaving, fireflghting and nmlwel- data they are prepared to prove in sup- tion 1333 of title 43, United States Code, laneous equipment, construction, and port of their opposition. A request for and section 198 of title 50, United States materials used on board vessels subject a hearing may not rest upon mere al- Code. The Secretary of Transportation to Coast Guard inspection, on certain legations or denials, but must set forth has delegated authority to the Com- motorboats and other recreational ves. specific facts showing that a genuine mandant, U.S. Coast Guard with respect sels, and on the artificial islands and and substantial issue of fact requires a to these approvals (49 CFR 1.46(b)). fixed structures on the outer Continental hearing. When it clearly appears from The specifications prescribed by the Shelf be of types approved by the Com- the data in the application and from the Commandant, U.S. Coast Guard for cer- mandant, U.S. Coast Guard. The purpose reasons and factual analysis in the re- tain types of equipment, construction, of this document Is to notify all interes-ted quest for the hearing that no genuine and materials are set forth in 46 CFR persons that certain approvals have been and substantial issue of fact precludes Parts 160 to 164. granted as herein described during the the withdrawal of approval of the ap- 3. Notwithstanding the termination of period from December 9, 1971, to plication, the Commissioner will enter an approval listed in this document, the December 22, 1971 (List No. 36-711, order on these data, making findings and equipment affected may be used as long These actions were taken in accordance conclusions on such data. as it remains in good and serviceable with the procedures set forth in 40 CIR If a hearing is requested and justified condition. 2.75-1 to 2.75-50. by the response to this notice, the issues LIFERAFTS FOR MERCHANT VESSELS 2. The statutory authority for equip- will be defined, a hearing examiner will ment, construction, and material ap- be named, and he shall issue, as soon The Frank Morrison & Son Co., 1330 provalz is generally set forth In sectiont as practicable after the expiration of West 11th Street, Cleveland, OH 44113, 367, 375, 390b, 416, 481, 489, 526p, und such 30 days, a written notice of the Approval No. 160.018/5/1 expired and 1333 of title 46, United States Code, see- time and place at which the hearing will was terminated effective December 13, tion 1333 of title 43, United States Code, commence (35 FR. 7250, May 8, 1970; 1971. and section 198 of title 50, United Statc 35 FPR. 16631, Oct. 27, 1970). MECHANICAL DISENGAGING APPARATUS, Code. The Secretary of Transportation Received requests for a hearing and/or LIFEBOAT, FOR MERCHANT VESSELS has delegated authority to the Com- elections not to request a hearing may be mandant, U.S. Coast Guard with respect seen in the Office of the Hearing Clerk The C. C. Galbraith &Son, Inc., Maple to these approvals (49 CPR 1.46 (b)). Th0 (address given above) during regular Place and Manchester Avenue, Post specifications prescribed by the Com- business hours, Monday through Frida:. Office Box 185, Keyport, NJ 07735, Ap- mandant, U.S. Coast Guard for certain This notice is issued pursuant to pro- proval No. 160.033/59/0 expired and was types of equipment, 'construction, and visions of the Federal Food, Drug, and terminated effective November 23, 1971. materials are set forth in 46 CFR Parts Cosmetic Act (see. 505, 52 Stat. 1052-53, LIFEBOATS- 160 to 164. as amended; 21 U.S.C. 355) and under 3. The approvals listed in this docu- authority delegated to the Commissioner The Lane Lifeboat and Davit Corp., 150 ment shall be In effect for a period of 6 (21 CFR 2.120). Sullivan Street, Brooklyn, NY 11231, years from the date of issuance, unlezs Approval No. 160.035/89/3 Dated: January 27, 1972. expired and sooner cancelled or suspended by proper was terminated effective December 4, authority. R. E. DUGGAN, 1971. Acting Associate Commissioner The Marine Safety Equipment Corp., SEA ANcHorts, LIFrEnbAT for Compliance. Foot of Wycoff Road, Farmingdale, N.J. Approval No. 160.019/1/0, Ty'pe A Sea IFR Doc.72-1683 Filed 2-3-72;8:50 am] 07727, Approval No. 160.035/320/1 ex- Anchor, U.S.C.G. Drawing No, IMG.-6" pired and was terminated effective De- and Specification, dated November 1, cember 22, 1971. 1943, revised August 24, 1944, manufac- . The C. C. Galbraith & Son, Inc., Maple tured by Atlantic-Pacific Manufacturing DEPARTMENT OF Place and Manchester Avenue, Post Office Corp., 124 Atlantic Avenue, Brooklyn, Box 185, Keyport, NJ 07735, Approval NY 11201, effective December 13, 1971, No. 160.035/331/2 expired and was ter- (It is an extension of Approval No. 160.- TRANSPORTATION minated effective October 4, 1971. 019/1/0 dated February 17, 1907.) The Marine Safety Equipment -Corp., Coast Guard Foot of Wycoff Road, Farmingdale, N.J. MECHANICAL DIsmIGAGniG APPARATUS, [CGFR 72-21] 07727, Approval Nos. 160.035/338/1 and LFEBOAT, FOR MERCHANT VMSSE=S 160.035/444/0 expired and were termi- Approval No. 160.033/60/3, Rottmer EQUIPMENT, CONSTRUCTION, AND nated effective September 24, 1970. typp releasing gear, approved for a maxi- MATERIALS The C. C. Galbraith &Son, Inc., Maple mum -working load of 15,000 pounds per Termination of Approval Notice Place and Manchester Avenue, Post Office hook, identified by Disengaging Appara- Box 185, Keyport, NJ 07735, Approval tus dwg. No. 9090-111 Rev. C dated Oc- 1. Certain laws and regulations (46 No. 160.035/440/0 expired and was termi- tober 27, 1971, manufactured by WhIt- CFR Ch. I) require that various items hated effective December 23, 1971. taker Corp., 5159 Baltimore Drive, Li of lifesaving, firefighting, and miscel- The Marine Safety Equipment Corp., Mesa, CA 92042, effective December 9, laneous equipment, construction, and Foot of Wycoff Road, Farmingdale, N.J. 1971. (It supersedes Approval No. 160.- materials used on board vessels subject 07727, Approval No. 160.035/449/0 ex- 033/60/2 dated August 12, 1971, to show to Coast Guard inspection, on certain pired and was terminated effective De- change In construction.) motorboats and other recreational ves- cember 8, 1971. sels, and on the artificial islands and LIFEBOATS fixed structures on the outer Continental Dated: February 1, 1972. Approval No. 160.035/288/2, 26.0' x Shelf be of types approved by the Com- G. H. READ, 9.0' x 3.83' steel, oar-propelled lifeboat, mandant, U.S. Coast Guard. The pur- Captain, U.S. Coast Guard, 53-person capacity, identifled by general pose of this document is to notify all Acting Chief, Office of Mer- arrangement dwg. No. 26-001-04, Rev. C interested persons that certain approvals chant Marine Safety. dated December 14, 1971, 46 CFR 10.- have been terminated as herein described [FR Doc.72-1670 Filed 2-3-72;8:48 am] 035-13(c) Marking. Weights: Condition during the period from September 24, "A"=3,800 pounds; Condition "B"-13,- 1970 to December 23, 1971 (List No. 35- [CGFR 72-22] 649 pounds, manufactured by Lane Life- 71). These actions were taken in accord- boat Division of ance with the procedures set forth in 46 EQUIPMENT, CONSTRUCTION, AND Lane Marine Technol- CFR 2.75-1 to 2.75-50. MATERIALS ogy Inc., 150 Sullivan Street, Brooklyn, 2. The statutory authority for equip- NY 11231, effective December 14, 1971. ment; construction, and material ap- 'Approval Notice (It reinstates and supersedes Approval provals is generally set forth in sections 1. Certain laws and regulations (46 No. 160.035/288/1 terminated July 3, 307, 375, 390b, 416, 481, 489, 526p, and CFR Ch. I) require that various items 1968.)

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 2691

KITS, FRsT-AiD, FOR MERCHANT VESSELS Approval No. 160.055/67/0, Type 3B, p.sl. primary service prezure rating ° and Model 67, child, cloth-covered 1050 F. maximum temperature with op- Approval No. 160.041/1/0, First-Aid unicell- tional Inlet flange, Kit, Model M 2, dwg. No. 99, dated July lar plastic foam life preserver, U.S.C.G. dwg. No. HV--52-MS dwg. Issued January 1, 1951, manufactured by E. D. Bullard, Specification Subpart 160.055 and 5,1967, approved for sizes No. 160.055-IB (sheets 3 and 4). manu- 1 ", 2", 22", and 3", manufactured by 2680 Bridgeway, Sausalito, CA 94965, ef- fective December 13, 1971. (It is an ex- factured by Billy Boy Products Division, Crosby Valve & Gage Co., Wrentham, Crotty Corp., Quincy, Mich. 49082, effec- Mass. 02093, effective December 17, 1971. tension of Approval No. 160.041/1/0 tive December 10, 1971. (It is an exten- (It is an extension of Approval No. dated February 27, 1967.) sion of Approval No. 160.055/07/0 dated 162.001/232/0 dated February 24, 1967.) 'BUOYANT VESTS, KAPOK, OR FIBROUS February 3, 1967.) BurmmeAD PAxLs ror M nCHArT VESSELS GLASS FIRE-PROTECTIVE SYSTEMS Nors: For Motorboats of Classes A, 1, or Approval No. 164.003/12/1, Marinite- 2 Not Carrying Passengers for Hire. Approval No. 161.002/11/2, Audible 36, asbestos incombustible binder board and visual supervised photoelectric opti- type bulkhead panel Identical to that Approval No. 160.047/544/0, Type I, cal smoke detection system. Model described in National Bureau of Stand- Model AK-1, adult kapok buoyant vest, ESDS-2, one through 70 lines on main ards Test Report No. TG3619-23; U.S.C.G. Specification Subpart 160.047 cabinet with wheelhouse annunciator, FR1274 dated March 21, 1939; approved and COMDT(MMT-3) letter, file number normally furnished with three supervised as meeting Class 3-5 requirements in 5946/160.047/gen, dated December 15, alarm bells, with provision for addition .a %-inch thickness, formerly J-M 1971, to Buddy Schoellkopf Products, of a fourth supervised alarm bell, man- Manrilte, manufactured by Johns-Man- Inc., manufactured by Buddy Schoell- ufactured by Norris Industries, Fire & ville Sales Corp., 22 East 40th Street, kopf Products, Inc., 148 Fordyce, Dallas, Safety Equipment Division, Post Office New York, NY 10016, effective Decem- TX 75207, effective December 15, 1971. (It Box 2750, Newark, NJ 07114, effective ber 15, 1971. (It is an extension of supersedes Approval No. 160.047/544/0 December 22, 1971. (This aproval super- Approval No. 164.008/12/1 dated Feb- ,dated January 29, 1968 to show change sedes Approval No. 161.002/11/1 dated ruary 24, 1967.) in description.) June 19, 1970. Drawings approved under Approval No. 164.008/13/1, Marinite-. Approval No. 160.047/545/0, Type I, 161.002/1110 and 161.00211111 remain 30 asbestos Incombustible binder board Model CKM-1, child medium kapok approved.) type bulkhead panel Identical to that buoyant vest, U.S.C.G. Specification Sub- SAFETY VALvES (POWER BoILERs) described in Protexol Testing Laboratory part 160.047 and COMDT(MIMT-3) Test Report No. 146 dated November 15, letter file number 5946/160.047/gen, Approval No. 162.001/279/0, Style HC- 1946; approved as meeting Class B-15 dated December 15, 1971, to Buddy MS-75 carbon steel body pop safety valve requirements in a 3.j -inch thlckness , Schoellkopf Products, Inc., manufac- nozzle type, exposed spring fitted with formerly J-M Light Weight Marinite, tured by Buddy Schoellkopf Products, cover 2,000 p.sA. primary service pressure manufactured by Johns-Manville Sales Inc., 148 Fordyce, Dallas TX 75207, ef- rating and 6750 F. maximum tempera- fective Corp., 22 East 40th Street., New York, December 15, 1971. (It supersedes ture with standard inlet flange or op- NY 10016, effective December 15, 1971. Approval No. 160.047/545/0 dated Jan- tional inlet flande, dwg. No. HV-53-MS (It is an extension of Approval No. uary 29, 1968 to show change in descrip- issued January 6,1967, approved for sizes 164.008113/1 dated February 24, 1967.) tion.) 1%,", 2", 21 "" and 3", manufactured Approval No. 160.047/546/0, Type I, Approval No. 164.008/14/1, M1arinite- by Crosby Valve & Gage Co., Wrentham, 65, asbestos incombustible binder board Model CKS-1, child small kapok buoyant Mass. 02093, effective December 17, 1971. vest, U.S.C.G. Specification Subpart 160.- type bulkhead panel Identical to that (It is an extension of Approval No. described in Johns-Manville letter of 047 and COMDT(MMT-3) letter, file 162.001/279/0 dated February 24, 1907.) number 5946/160.047/gen, March 6, 1947; approved as meeting dated Decem- Approval No. 162.001/280/0, Style HC- Class B-15 requirements in a %-inch ber 15, 1971, to Buddy Schoellkopf Prod- MS-76 carbon steel body pop safety valve ucts, Inc., manufactured by Buddy thicknecs, formerly J-M Marine Sheath- nozzle type, exposed spring fitted with ing, manufactured by Johns-Manville Schoellkopf Products, Inc., 148 Fordyce, cover 2,000 p.s.i. primary service pressure Dallas, TX 75207, effective December 15, Sales Corp., 22 East 40th Street, New rating and 750* F. maximum tempera- Yor k, NY 10016, effective December 15, -1971. (It supersedes Approval No. 160.- ture with standard Inlet flange or op- 047/546/0 dated January 29, 1968 to show 1971. (It is an extension of Approval No. tional inlet flange, dwg. No. HV-53-MS 164.008/14/1 dated February 24, 1967.) change in description.) issued January 6,1967, approved for sizes ' IrtcoMausrTnML MATERI On iERCHANT BUOYANT VESTS, UNICELLULAR PLASTIC 1SlP , 2", 2'-, and 3, manufactured Vrssz FoAx by Crosby Valve & Gage Co., Wrentham, NOTE: For Motorboats of Classes A, 1, or 2 Mass. 02093, effective December 17, 1971. Approval No. 164.009/43/0, "Thermo- Not Carrying Passengers for Hire. (It is an extension of Approval No,, bestos" asbestos-hydrous calcium silicate 162.001128010 dated February 24, 1967.) type pipe and block insulation Identical Approval No. 160.052/340/0, Type II, Approval No. 162.001/281/0, Style to that described in Commandant, US. Model BVA, adult vinyl-dip coated uni- HCA-MS-.77 alloy steel body pop safety Coast Guard letter dated April 9, 1957, cellular plastic foam buoyant vest, Dwg. valve nozzle type, exposed spring fitted file 164.009/43, manufactured by Johns- No. 1001, Rev. 1 dated December 23, 1966, with cover 2,000 psiL primary service Manville sales Corp., 22 East 40th Street, manufactured by Texas Water Crafters, pressure rating and 9000 F. maximum New York, NY 10016, effective Deceni- Post Office Drawer 539, Wichita Falls, temperature with standard inlet flange; ber 15, 1971. (It is an extension of TX 76307, effective December 10, 1971. 1,750 p.s. primary service pressure rat- Approval No. 164.009/43/0 dated Feb- (It is an extension of Approval No. ing and 9000 F. maximum temperature 160.052/340/0 dated February 3, 1967.) ruary 24, 1967.) with optional inlet flange, dwg. No. HV- Tr;rnmuor Fnsnzs ronncnHsANToa LIFE PRESERVERS, UiNICELLULAR PLASTIC 52-MTS Issued January 5, 1967, approved FoAs ADULT AND CHILD FOR MERCHANT for sizes 1', ' , 2", 21, " and 3", manu- VESSELS factured by Crosby Valve & Gage Co., Approval No. 164.012/11/0, "NEVA.- Wrentham, Mass. 02093, effective Da- MAR" laminated plastic interior finish, Approval No. 160.05516610, Type IB, Type FP-1, 'c" identical to that de- Model 63, adult, cloth-covered unicel- cember 17, 1971. lItis an extension of scribed in Enjay Fibers & Laminates Co. lular plastic foam life preserver, U.S.O.G. Approval No. 162.001/281/0 dated Feb- ruary 24, 1967.) letter dated October 14, 1971 and Under- Specification Subpart 160.055 and dwg. writers' Laboratories Reference R-4642, No. 160.055-IB (sheets 1 and 2), manu- Approval No. 162.001/282/0, Style HCA-MS-78 alloy steel body pop safety 71NK2184 icued April 7, 1971, bonded factured by Billy Boy Products Division, with Koppers Penacolite G1124 adhesive Crotty Corp., Quincy, Mich. 49082, effec- valve nozzle type, exposed spring fitted tive December 10, 1971. (It is an exten- with cover 1,655 p.s.i. primary service in accordance with instructions accom- sion of Approval No. 160.055/66/0 dated pressure rating and 1050* F. maximum panying the adhesive, manufactured by February 3, 1967.) pressure with standard inlet flange; 995 EnJay Fibers &Laminates Co., a division

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 2692 NOTICES

of Enjay Chemical Co., Odenton, Md. APPLICATIONS AccEpTED Fan FILING 21113, effective December 21, 1971. DOLI STIC PUBLIC LAND LIOBILEfRADIO SEflVICIl Dated: February 1, 1972. 4376-C2-1i_-72--Salinas Valley Radio Telephone Co. (KIMA837), modification of licnso G. H. READ, to delete base facilities operating on 152.03 and 152.06 MHz at Location No. 3: 4095 Sun Captain, U.S. Coast Guard, Ridge Road, Pebble Beach, CA. Acting Chief, Office of Mer- 4582-C2-P-72--Credit Bureau of Decatur, Inc. (New), for a new ono-vy station to be located at 1616 North State, Alton. chant Marine Safety. 5 IL, to operate on 43.58 M111z. 458 -C2-P-(4)-72-M1ami [R Doc.72-1671 Filed 2-3-72;8:49 am] Valley Radiotelephone (KQK592), for additional facilltlej to operate on 454.200 and 454.300 DIHz at Locatien No. 2: 1775 Old Oxford Road, near Hamil- ton, Ohio, and add 454.025 and 454.125 MHz at Location No. 3: Cox Road and State Route 4 No. 42, Pisgah, OH. 587-C2-P-72-Norman County Telephone Co. (New), for a new two-way station to be FEDERAL COMMUNICATIONS located at 1.2 miles west of Highway No. 9, 3.7 miles south of Ada, Minn., to operate at 152.51 IMfHz. 4588-C2-P-72-Rural Telephone Service Co., Inc. (KAF641), change the antenna sytvim COMMISSION operating on 152.81 MHz 8 9 located south of Lenora, Kans. [Report 58I] 45 -C2-P-72--Susquehanna Mobile Communications, Inc, (KGC599), replace the bao COMMON CARRIER SERVICES transmitter operating on 152.03 MHz located on Blue Mountain at tho WVHP-TV cte, near Harrisburg, Pa. INFORMATION 1 0 459 -C2-P-(2)-72-Ellensburg Telephone Co. (KON907), for additional facilities to operato Domestic Public Radio Services Ap- on 152.60 MHz; replace transmitter operating on 152.57 1%1z and change the antenna plications Accepted for Filing"2 system at 1203 East Eighth Avenue. Eliensburg, %VA. 4626-C2-AL-72-L. H. Smith, involuntary consent to asslgnmont from Anna H. Smith, o_' JANuARY 31, 1972. Executrix of the Estate of Lawrence H. Smith, deceased, Assignor, to Anna H. Smith, Pursuant to §§ 1.227(b) (3) and Executrix of the Estate of Lawrence H. Smith, Assignee. Station: KEA855, Manor- 21.30(b) of the Commission's rules, an ville, N.Y. application, in order to be considered 4636-C2-AL-(2)-72-Tel-nlinos Eastern, Inc., consent to assignmont of liconro from Tel- with any domestic public radio services Illinois Eastern, Inc., Assignor, to Tel-Illinois, Inc., Assignee. Stations: KSJ027 (2-v.'ay) application and KSJ811 (one-way), Champaign, IlI. appearing on the list below, 4637-C2-P-(2)-72-Navajo must be substantially complete Communications Co., Inc. (New), for a now two-way otation to and be located at Preston Mesa, 15 miles northwest tendered for filing by whichever date of Tuba City, Ariz., to operate on 162.70 is and 152.780 MHz. earlier: (a) The close of business 1 busi- 4660-C2-P-72-Telegraph-Herald, Inc. (New), for a new one-way station to be located on ness day preceding the day on which the Highway No. 35, 1.6 miles north of Kieler, Wis., to operate on 152.24 1Hz. Commission takes action on the previ- 4661-C2-P-72-United Telephone Co. of Kansas, Inc. (New), for a new two-way statn ously filed application; or (b) within 60 to be located at 114 North Seventh Street, Hiawatha, KS, to operate days after the date of the public notice on 162.61 M.MI, listing the first prior filed application Major Amendment (with which subsequent applications are 2045-C2-P-71-Philadelphia Mobile Telephone Co. (KGI775), change baso frequency to in conflict) as having been accepted for 545.075 M.Hz. See Public Notice dated Oct. 19, 1970, Report No. 514. filing. An application which is subse- 186-C2-P-72-Lett Electronics, Inc. (KEK275), change base frequency to 162,12 Ml,, quently amended by a major change will replace transmitter and change the antenna system. See Public Notice dated July 20, be considered to be a newly filed applica- 1971 and Sept. 27, 1971. tion. It is to be noted that the cutoff Correction dates are set forth in the alternative- 4402-C2-P-72-MahaffeS Message Relay (KDT223), correct to read: For a now applications tvo-way rsta- will be entitled to considera- tion to be located at 1.7 miles southeast of Collierville, Tenn., to operate on 152.030 111, tion with those listed below if filed by the end of the 60-day period, only if the RURAL RADIO Sn-VCE Commission has not acted upon the ap- 4586-C1-P/L-72-Mountain States Telephone & Telegraph Co. (New), for a new rural ub- plication by that time pursuant to the scriber station to be located at 7.2 miles southwest of Meeteoto, Wyo., to operate on first alternative earlier date. The mutual 158.04 MHz communicating with Station KOE512, Cody, Wyo. exclusivity rights of a new application 4638-C1-P-72-Mountain States Telephone & Telegraph Co. (KPV99), replace tranmitter are governed by the earliest action with operating on 157.77 MHz communicating with Station KOESll, Tonslcep, Wyo. Sub- respect to any one of the earlier filed scriber and location: Federal Aviation Agency, Medicine Mountain, 23.8 miles cat of conflicting applications. Lovell, Wyo. The attention of any party in interest POINIT-TO-POINT r.IICROVAVE rADIO SERVICE desiring to file pleadings pursuant to 3171-C1-R-72-Gefieral Telephone Co. of California (KZI31), renewal of Dovelopmental section 309 of the Communications Act license expiring Mar. 1, 1971. Term: Mar. 1, 1971 to Mfar. 1, 1972. of 1934, as amended, concerning any 4561-C1-P-72-RCA Alaska Communications, Inc. (WGF63), 12 miles north-northeasot of domestic public Kenai, Alaska. C.P. to change antenna height and add frequencies 2121.8H 1.1Hz toward radio services applica- Anna Platform tion and 2114.6g Hz toward Baker Platform, Alaska. accepted for filing, is directed to 4562-C1-P-72-RCA Alaska Communications, Inc. (New), 29 miles north of enal, Alam'm, § 21.27 of the Commission's rules for C.P. for a new station at latitude 60°58'37" N., longitude 151018'46" W., on frequoerey provisions governing the time for filing 2171.8 M.Hz toward Nikshla, Alaska. 4563--Cl-P-72-RCA and other requirements relating to such Alaska Communications, Inc. (New), 18.5 milc, north-northca.t of Kenai, Alaska. at latitude 60*49'55" N., longitude 151°29'00" W., on frequency 210.,61 pleadings. 1.1Hz toward Nikishka, Alaska. FEDERAL COTsJIn1UICATIONS The following seven cofistruction permits were filed by American Telphone & Tele",rapii CollmzssIoN, Co. They request one additional pair [SEAL] BEN F. WAPLE, of Western Electric Co. Type TD-2 radio relay channelI Secretary. between Jackie Jones Mountain, N.Y., and Montville, Conn., and one .additional pair (if Type TD-2/TD-3 channels between Montville and Greenhill, R.I. I All applications listed below are subject 4570-Cl-P-72-Stony Point, N.Y. (KEA63), frequency 3710V M.IHz toward White Plabh, NY. to further consideration and review and may 4571-C1-P-72-White Plains, N.Y. (KEDS1), frequency 3750V MHz toward Plainvlew,,, N.Y. be returned and/or dismissed If not found 4572-C1-P-72-elvlle, N.Y. (KEB47), frequencies 3730H M.1Hz toward White Plains, N.Y., to be in accordance with the Commission's and 3870H MHz toward Shirley, N.Y. rules; regulations, and other requirements. 4573-C1-P-72-LShirley, N.Y. (KEE50), frequencies 3910H 2 The above alternative cutoff rules apply M.1Hz toward Plainview, N.Y., and to those applications listed below as having Noyack, N.Y. been accepted in Domestic Public Land 4574-C1-P-72-Noyack, N.Y. (KE51), frequency 3870H MHz toward Shirley, N.., and Mobile Radio, Rural Radio, Point-to-Point Montville, Conn. Microwave Radio, and Local 'Television 4575-Cl-P-72-Montville, Conn. (KCJ80), frequency 3910H MHz toward Noyack, N.Y., and Transmission Services (Part 21 of the rules). Green Hill, R.I.

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 2693

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POnT-TO-POINT MICROWAVE nADrosERvcE-contInued [Docket No. 50-208] 4649-C1-P-72-nAmerican Television & Communications Corp. (New), C.P. for a new station TRUSTEES OF COLUMBIA UNIVERSITY, 5 miles west of Crystal Springs, Miss., at latitude 31°59'10" N., longitude 90126'12" IV. Frequency 6226.9H IdHz on azimuth 31*52'. Applicant proposes to provide the television CITY OF NEW YORK signal of Station WWOM-TV of New Orleans, La., to Capitol Cablevision, Inc., in Jackson, Notice of Reconvened Proceoding Miss., and to McComb Cablevision, Inc., in McComb, Miss. 2469-Cl-AL-12-Microwave Transmission Corp. (HPR32), Ravens Roost Mountain, 15 miles Notice is hereby given that the appel- south-southeast of Laster, Wash. Modifications of license at Ravens Roost Mountain, Wash., late proceeding In the above captioned to derive, via audio subcarrIer, one audio program channel for transmission. matter will reconvene at 10 a.m. on Feb- 2470-Cl-lL-72--1ilcrowave Transmission Corp. (KPR33), Mission Ridge, 11 miles south- ruary 15, 1972, at Room 2008, Federal southwest of Wenatchee, Wash. Modification of license at Mission Ridge, Wash., to deliver, Office Building No. 7,726, Jacl"on Place via audio subearrier, one audio program channel for FM broadcast service to Wenatchee, NW. (enter on 17th Street), Wathing- Wash. ton, D.C. 20503. This proceeding I held [FR Doc.72-1606 Filed 2-3-72;8:45 am] for the purpose of permitting cross ex- amination of the parties' witnesseo on their rebuttal testimony in accordance [Docket No. 19267] the above mentioned documents, as Western Union has also requested. with the Appeal Board's Memoranda and WESTERN UNION TELEGRAPH CO. 4. Accordingly, it is ordered, That the Orders dated January 5 and January 31, time for filing proposed findings and 1972. Order Extending Time briefs in support of proposed findings in Dated January 31, 1972 at Washington, In regard application of The Western Docket No. 19267 is extended from Feb- D.C. Union Telegraph Co., New York, NY, ruary 1, 1972 to February 8, 1972, In ad- for filing responses to the By the Atomic Safety and Licensing Docket No. 19267, File No. TD-17972, dition, the time Appeal Board. consolidation of 22 public telegraph above-mentioned documents in Docket offices into single public message center. No. 19267 is extended from February 23, WALnAI L. WOODARD, 1. The Chief, Common Carrier Bureau, 1972 to March 1, 1972. Western Union's Executive Secretary, has before him for consideration a opposition to the motion for extension of [FR Doc.72-1646 Filed 2-3-7218:46 aml motion for extension of time for the fil- time is denied. ng of proposed findings and briefs in Adopted: January 31, 1972. support of proposed findings and re- sponses to the aforementioned docu- Released: January 31, 1972. CIVIL AERONAUTICS BOARD ments in Docket No. 19267, filed by [sEAL] CHARLES COWAN, [Docket No. 23785; Ordor 72-2-3] Western Union International, Inc. Acting Chief, (WUl) on January 26, 1972, and an Common CarrierBureau. ALL UNITED STATES AND FOREIGN Opposition to the motion for extension [FR Doc.72-1691 Filed 2-3-72;8:50 am] AIR CARRIERS of time filed by the Western Union Tele- graph Co. (Western Union) on Janu- Order Regarding Stabilization of ary 28, 1972. Fares, Rates, and Charges for Pas- 2. Pursuant to the direction of the sengers and Property Commission in the ultimate paragraph ATOMIC ENERGY COMMISSION of the memorandum opinion and order [Docket No. 60-87] Adopted by the Civil Aeronautics herein (FCC 71-651), released June 23, Board at its office In Washington, D.C., the Presiding Officer in this pro- WESTINGHOUSE ELECTRIC CORP. on the 1st day of February 1972. 1971, Order 71-11-97, dated November 24, ceeding certified the hearing record in Lkense Termination Order Docket 19267 to the Commission for its 1971, set forth certain requirement writh consideration. The ultimate Paragraph The Atomic Energy Commission (the respect to price stabilization matter. to of the memorandum oainion and order Commission) has found that the West- be included in tariff transmittals. By herein (FCC 71-651) also directed that inghouse Electric Corp.'s (WEC) Criti- ER-723, dated February 1, 1972, the the Chief of Common Carrier Bureau cal Experiment Station (CES) Facility Board has adopted an amendment to It. issue a recommended decision in this located at Waltz Mill, Pa., has been dis- tariff regulations to reflect recent matter. Thus, it appears that said mo- mantled and decontaminated, and that changes in the Price Commission's regu- tions are properly before the Chief, Com- satisfactory disposition has been made of lations. Since ER-723 supersedes our pre- mon Carrier Bureau, for action. the component parts, fuel and other spe- vious order on this subject, the latter 3. In view of the reasons given by cial nuclear material (pursuant to the should be vacated. WUI their request to extend the date Commission's order dated February 12, Accordingly, it is ordered, That order of filing of proposed findings and briefs- 1971), in accordance with the Commis- 71-11-97 be, and It hereby Is, vacated. in support of proposed findings from sion's regulations 10 CFR Chapter I, and This order will be published In the February 1, 1972 to February 8, 1972, in a manner not inimical to the common FEDERAL REGISTER. and responses to the above mentioned defense and security or to the health and documents from February 23, 1972 to safety of the public. Therefore, pursu- By the Civil Aeronautics Board. March 1, 1972, does not appear unreason- ant to the application by WEC dated [SEAL] HARRY J. ZniaI, able. While we agree with Western December 18, 1970, as supplemented Sep- Secrctary. Union that the public interest would best tember 15, 1971,- and Commission regu- [FR Doc.72-1726 Filed 2-3-72,8:51 nm] be served by a prompt disposition of lations, Facility License No. CX-11 is these proceedings, we do not believe that hereby terminated as of the date of this the extension requested by WUI will order. cause such an excessive delay as to be FEDERAL MARITIME COMMISSION Dated at Bethesda, Md., this 26th day [Independent Ocean Freight Forwarder detrimental to the public interest. More- of January 1972. over, we do not believe that it would be Licenso 1921] reasonable to grant WUI's request for For the Atomic Energy Commission. T. J. HANSON, INC. an extension of time for filing proposed PETER A. MoRRIs, findings and briefs in support of those Director, Order of Revocation findings and not grant their request for Division of Reactor Licensing. On December 31, 1971, T. J. fanson, an extension of time for fling replys to [FS Doc.72-1645 led 2-3-72;8:46 am] Inc., Post Office Box 587, Beaumont, V19

FEDERAL REGISTER, VOL. 37, NO. -24--FRIDAY, FEBRUARY 4, 1972 NOTICES 2695

77704 voluntarily surrendered its FAC REGISTER. Any person desiring a hearing Whereas, Mitsui O.SZ. Lines, Ltd., has License No. 192. on the proposed agreement shall provide returned Certificate (Performance) No. By virtue of. authority vested in me by a clear and concise statement of the mat- P-49 and Certificate (Casualty) No. C- the Federal Maritime Commission as set ters upon which they desire to adduce 1,029 and Mitsui O.SH_ Lines (Passen- forth in Manual of Orders, Commission evidence. An allegation of discrimination ger), Ltd., 3-3, 5-Chome Aka-saka, Order No. 1 (revised) § 7.04(f) (dated or unfairness shall be accompanied by a Mlnatoku Tokyo, Japan, has returned September 29,1970): statement describing the discrimination Certificate (Performance) No. P-9- and It is ordered, That the Independent or unfairness with particularity. If a vio- Certificate (Casualty) No. C-!,0&i or Ocean Freight Forwarder License No. lation of the Act or detriment to the revocation. 192 of T. J. Hanson, Inc., be and is hereby commerce of the United States is alleged, It is ordered, That Certificates (Per- revoked effective December 31, 1971, the statement shall set forth with par- formance) No. P-49 and No. P-94 and without prejudice to reapply for a license ticularity the acts and circumstances Certificates (Casualty) No. C-1,029 and at a later date. said to constitute such violation or detri- No. C-1,089 covering the Sakura Man be It is further ordered, That a copy of ment to commerce. and are hereby revoked effective Janu- - this order be published in the FEDERAL A copy of any such statement Should ary 28, 1972. REGISTER and served upon T. J. Hanson, also be forwarded to the party filing the It is further ordered, that a copy of Inc. agreement (as indicated hereinafter) and this order be published in the FED AARoN W. REESE, the statement should indicate that this REoxs a and served on the certificants. Managing Director. has been done. By the Commlon. [FR Doc.'?2-1698 Filed 2-,-72;8:51 am] Notice of agreement filed by: mr. T. Kerwin Rooney, Port Attorney, Port of FRNCIES C. HURN=T, [IndependenioOcean Freight Forwarder Oakland, 66 Jack London Square, Po3t Of- Secretary. fce Box 2064. Oakland, CA 94607. LIcense 551] [FR Doc.72-167 F-tled 2-3--72;8:51 am] Agreement No. T-2270-1, between the LANG & MARSHALL CO., INC. Port of Oakland (Port) and Sea-Land Order of Revocation Service, Inc. (Sea-Land). modifies the .basic agreement which provides for the By letter of January 14, 1972, Mr. FEDERAL POWER COMMISSION 4-year lease of certain premises at Oak- [Docket No. CP72-1841 Stephen Marshall, Attorney, Rubin land, Calif., which Sea-Land will use for Wachtel Baum & Levin, 598 Madison establishxfg and maintaining general of- MICHIGAN WISCONSIN PIPE LINE Avenue, New York, NY 10022, returned fices and a truck and rail terminal. The CO. FfC License No. 551 of Lang &Marshall purpose of the modification is to (1) Co., Inc., for voluntary revocation. change the sizes of Parcels 1 and 2 of the Notice of Application By virtue of authority vested in me by leased premises for a net loss of 103 the Federal Maritime Commission as set square feet; (2) add a Parcel 3 to the JANUARY 31, 1972. forth in Manual of Orders, Commission leased premises, consisting of approxi- Take notice that on January 18, 1972, Order No. I (revised) § 7.04(f) (dated mately 3.35 acres, with easements Michigan Wisconsin Pipe Line Co. (ap- September 29, 1970) ; granted to the Port for the construction plicant), 1 Woodward Avenue, Detroit, It is ordered, That the Independent of a railroad track and a sewer; (3) ]IR 48226, filed in Docket No. CP72-184, Ocean Freight Forwarder License No. 551 amend the provision covering future an application pursuant to section 7(c) of Lang & Marshall Co., Inc., be and Is modifications of the leased area; (4) of the Natural Gas Act for a certificate hereby revoked effective January 14, change the date of expiration of the of public convenience and necessity au- 1972, without prejudice to reapply for a agreement to December 31. 1996; (5) thorizing the construction and operation license at a later date. amend the payment to the Port for the of a metering station and the use of ex-" It is further ordered, That copy of this cost of Improvements; (6) provide for Isting facilities to provide natural gas order be published in the FEDERAL REGIS- certain improvements to be made to Par- storage service to Wisconsin Southern R and served upon Mr. Stephen Mar- cel 3 by the Port and for the payment by Gas Co., Inc. (Wisconsin Southern), all shall, Attorney for Lang & Marshall Co., Sea-Land for the mprovements; and (7) as more fully set forth in the applica- Inc. adjust the rental for theleased premises tion which Is on file with the Commis- AARoN W. RESE, as set forth in detail in the agreement. sion and open to public inspection. ManagingDirector. Applicant requests authorization to Dated: January 31, 1972. accept delivery of up to 1,000 Mof of [FR Doc.72-1696 Filed 2-3-728:51 am) By order of the Federal Maritime natural gas per day and an annual Commission. volume of 200,000 for storage and re- PORT OP OAKLAND AND F=-CIS C. HuRNEY, delivery to Wisconsin Southern at a daily Secrctary. rate of up to 2,000 Mcf during the pe- SEA-LAND SERVICE, INC. I, [FR Doc.72-1695 Filed 2-3-72;8:51 am] riod November 1, 1972, through Marh -Notice of Agreement Filed 1973, and each year thereafter. Appli- cant states that Wisconsin Southern has Notice is hereby given that the follow- MITSUI O.S.K. LINES (PASSENGER), excess volumes of gas available to it on Ing agreement has been filed with the an annual basis, which it purchases from Commission for approval pursuant to I LTD. AND MITSUI O.S.K. LINES, LTD. Natural Gas Pipeline Company of Amer- section 15 of the Shipping Act, 1916, as lea, and that the storage service proposed amended (39 Stat. 733, 75 Stat. 763, 46 Certificates oflFinancial Responsibility; Order of Revocation herein will enable Wisconsin Southern U.S.C. 814). to meet Its market requirements during Interested parties may inspect and ob- Certificates of Financial Responsibil- the heating seasons. Wisconsin Southern tain a copy of the agreement at the Ity for idemnifloation of Passengers for will pay applicant a demand charge of Washington office of the Federal Mari- Nonperformance of Transportation No. $3.22 per month par Mef for the storage time Commission, 1405 I Street NW., P-49 and No. P-94 and Certificates of service. Applicant also requests author- Room 1015; or may inspect the agree- Financial Responsibility to Meet Lia- ment at the Field Offices located at New ization to construct a metering station York, N.Y.,aNew Orleans, La., and San bility Incurred for Death or Injury to at a point in Walworth, Wis., which will Francisco, Calif. Comments on such Passengers or Other Persons on Voyages enable it to provide the proposed storage agreements, including requests for hear- No. C-1,029 and No. C-1,089. service. Applicant estimates the cost of ing, may be submitted to the Secretary, Whereas, Mitsui OS.. Lines, Ltd., the metering station at $48,740 which it -Federal Maritime Commission, Washing- and Mitsui O.S. Lines (Passenger), plans to finance from funds on hand. . ton, D.C. 20573, within 20 days after Ltd., have ceased to operate the pas- Any person desiring to be heard or to publication of this notice in the FEDERAL senger vessel Sakura Maru, and make any protest with reference to said

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 2696 NOTICES application should on or before Febru- portation service. Applicant proposes to constituting Its permanent curtailmen ary 22, 1972, file with the Federal Power charge 2 cents per Mcf for the service. plan pursuant to the Conmission's order Commission, Washington, D.C. 20426, a Any person desiring to be heard or to of November 15, 1971, approving petition to intervene or a protest in ac- make any protest with reference to said Transco's Interim curtailment plan In cordance with the recuirements of the application should on or before Febru- Docket No. RP71-118. Transco requestj Commission's rules of practice and proce- ary 22, 1972, file with the Federal Power its tendered sheets to become effective dure (18 CFR 1.8 or 1.10) and the regu- Commission, Washington, D.C. 20426, a March 1, 1972; however, since Its pre- lations under the Natural Gas Act (18 petition to intervene or a protest in ac- sently effective interim curtailment plan CER 157.10). All protests filed with the cordance with the requirements of the terminates on November 15, 1972, Commission will be considered by it in Commission's rules of practice and pro- Transco requests the Commission to sut- determining the appropriate action to cedure (18 CPR 1.8 or 1.10) and the reg- pend the effectiveness of the tariff sheets be taken but will not serve to make the ulations under the Natural Gas Act (18 for the full statutory period of 5 monthq. protestants parties to the proceeding. CFR 157.10). All protests filed with the Further, Transco represents that It will Any person wishing to become a party Commission will be considered by it in not move to make such tariff sheets ef- to a proceeding or to participate as a determining the appropriate action to be fective prior to November 16, 1972. party in any hearing therein must file taken but will not serve to make the In summary Transco's proposed per- a petition to intervene in accordance with protestants parties to the proceeding. manent curtailment plan provides: the Commission's rules. Any person wishing to become a party (1) During the Winter Period, Novem- Take further notice that, pursuant to to a proceeding or to participate as a ber 16, through April 15, a mandatory the authority contained in and subject party in any hearing therein must file curtailment on a ratable basis will be to the jurisdiction conferred upon the a petition to intervene in accordance effected on Transco's system. During this Federal Power Commission by sections 7 with the Commission's rules. time, a customer may obtain partial or and 15 of the Natural Gas Act and the Take further notice that, pursuant to complete exemption if It curtails all of Commission's rules of practice and the authority contained in and subject its interruptible service, except for cer- procedure, a hearing will be held without to the jurisdiction conferred upon the tain minor exceptions; further notice before the Commission on Federal Power Commission by sections (2) Any customer receiving an exemp- this application if no petition to inter- 7 and 15 of the Natural Gas Act and the tion during such Winter Period shall vene is filed within the time reqftired Commission's rules of practice and pro- make up exempted volumes as soon as herein, if the Commission on its own cedure, a hearing will be held without practicable by reducing Its takes to a review of the matter finds that a grant further notice before the Conpnission on level below that to which It would other- of the certificate is required by the pub- this application if no petition to inter- wise be entitled; lic convenience and necessity. If a peti- vene is filed within the time required (3) Any customer receiving an exemp- tion for leave to intervene is timely herein, if the Commission on its own tion during the Winter Period shall not, filed, or if the Commission on its own review of the matter finds that a grant except in emergency situations make any motion believes that a formal hearing is of the certificate is required by the public deliveries to Its interruptible customers required, further notice of such hearing convenience and necessity. If a petition until such exempted volumes are made will be duly given. for leave to intervene is timely filed, or up; Under the procedure herein provided if the Commission on its own motion (4) Any customer that has not made for, unless otherwise advised, it will be believes that a formal hearing is re- up the exempted volumes by the end of unnecessary for applicant to appear or quired, further notice of such hearing the Winter Period will curtail its pur- be represented at the hearing. will be duly given. chases during the succeeding Summer Under the procedure herein provided Period of April 16, through November 16, KENNETH F. PLUMB, for, unless otherwise advised, it will be so that the weighted average curtailment Secretary. unnecessary for Applicant to appear or percentage over the entire year, shall be [FR Doc.72-1655 Filed 2-3-72;8:47 am] be represented at the hearing. the same for every customer affected by KENNETH F. PLUM, curtailment; [Docket No. CP72-186] Secretary. (5) In the event Transco Is unable to meet the firm requirements of all Its cus- TEXAS GAS TRANSMISSION CORP. [F. Doo.72-1656 Filed 2-3-72;8:47 am] tomers an end-use curtailment program will be instituted; Notice of "Applicatidn [Docket No. RP72-99] (6) A demand charge adJustment to JANuARY 31, 1972. customers under certain rate scheduleo TRANSCONTINENTAL GAS PIPE LINE Take notice that on January 21, 1972, will be made for curtallments due to t.ys- Texas Gas Transmission Corp. (appli- CORP. tern gas supply deficiency; (7) At the end of the Winter Perlod, cant), 3800 Frederica Street, Owensboro, Notice of Filing of Proposed KY 42301, filed in Docket No. CP72-186 on April 15, Transco will determine the ah application pursuant to section 7(c) Curtailment Plan net curtailment volumes for each cus- of the Natural Gas Act for a certificate JANuARY 28, 1972. tomer affected by curtailment, as well of public convenience and necessity au- as a systemwide weighted average cur- Take notice that on January 17, 1972, tailment percentage. Any customer whoze thorizing the transportation of natural Transcontinental Gas Pipe Line Corp. gas by applicant for Consolidated Gas (Transco) submitted for filing revised curtailment exceeds the systemwlde Supply Corp. (Consolidated), all as more tariff sheets 1 to its presently effective weighted average curtailment du-ing the fully set forth in the application which FPC Gas Tariff, Original Volume No. 1 Winter Period will receive a credit oX is on file with the Commission and open 25 cents per Mcf for the volumes cur- tailed in excess of the systemwldo to public inspection. 1 The tariff sheets are designated as fol- Applicant seeks authorization to trans- weighted average curtailment; lows: Original Sheets Nos. 44-B.3, 44-B.4, (8) Transco will seek reimbursement port for Consolidated on an interruptible 44-B.5, 44-B.6, 46-G, and 46-H; First Re- basis up to 20,000 Mef of natural gas per vised Sheets Nos. 44-B.1, awid 44-B.2; Second for the credits to be granted by It in It- day from Consolidated's production in Revised Sheets Nos. 8-A, S-B, 15-A, 15-B, billings to Its customers for curtailments, Blocks 287, 307, and 315, Eugene Island 17-E.1, 17-E.2, 25-A, 26-A, 26-, 26-I, 26-E:, in accordance with the provisions of sec- Area, South Addition, offshore Louisiana 26-N, 26-P, 26-S, 28-X.1, 28-Y, 44-A, 44-B; tion 20 of the General Terms and Condi- to Columbia Gulf Transmission Co.'s fa- and Third Revised Sheets Nos. 18, 23, 26-D, tions of Its FPC Gas Tariff. 46-B.1, 46-C; Fourth Revised Sheets Nos. (9) ACQ customers wil be exempt cilities in Block 250, Eugene Island Area, 17-E, 21, 26-0, 26-H, 26-1M, and 26:-R; Fifth for further transportation to Consoli- Revised Sheets Nos. 8, 15, 20, 25, and 46-B; from all curtailments. dated's Appalachian market area. Appli- Seventh Revised Sheets Nos. 28-X.5 and 28- Transco states that thd above-de- cant states that no new facilities are cc; Thirty-Fifth Revised Sheet No. 17-B; and scribed permanent curtailment plan was required to render the proposed trans- Thirty-Eight Revised Sheets Nos. 5 and 12. formulated for the purpose of protecting

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 2697

the firm requirements of Transco's come parties to a proceeding or to par- own review of the matter believes that a customers. - ticipate as a party in any hearing therein grant of the certificates or the authori- Transco's permanen curtailment plan must file petitions to intervene in accord- zation for the proposed abandonment is Is on file with the Commission and is ance with the Commission's rules. required by the public convenience and available for public lnspectiom Take further notice that, pursuant to necessity. Where a petition for leave to Transco states that copies of its filing the authority contained in and subject intervene is timely filed, or where the have been mailed to its customers and to the jurisdiction conferred upon the CommLsslon on its own motion believes interested state commissions. Addition- Federal Power Commission by sections that a formal hearing is required, further ally, Transco states that copies of this 7 and 15 of the Natural Gas Act and the notice of such hearing will be duly given. filing are available for public inspection Commission's rules of practice and pro- Under the procedure herein provided during-regular business hours in its office cedure a hearing will be held without for, unless otherwise advised, it will be in Houston, Tex. further notice before the Commission on unnecessary for Applicants to appear or Any person desiring to be heard or to all applications in which no petition to be represented at the hearing. make any protest with reference to this intervene is filed within the time re- KENNETH F.P filing should on or before February 15, quired herein if the Commlisson on Its Secretary. 1972, file with the Federal Power Com- mission, 441 G Street NW., Washington, Dorkct No. Prf-o Prez- DC 20426, petitions to intervene or pro- and dato filed Applicant Purdce: and L-eaton P F'ex sure, tests in accordance with the requirements baso of the Cbmmission's rules of practice and procedure (18 CFR 1.8 or 1.10). All pro- G-3n1.... Uniaon 011 Co. of Calimrnh, Pozt Tra ontnnntal Gas PIo, ino (1). . .---- tests filed with the Commission will be D 1-lf-2 11c BOX7603, L03Aus~ CA C~. Vinton FI±1, ux- isZ 100:1. P 22,,La. considered by it in determining the ap- G-353 1-. Atlantic Jis1c1hd Co. P.st 0M1cc El Paso Natural Gna Co., Lan,-Us 311.0 14.o propriate action to be taken but will not C 1-4-7! Box 2S19, Dallas, TX 71221. N.lbttx, MCX. ct al., th!'d7, L-a Comity, Asl= ad ------serve to make the protestants parties to G- 973-- M01,111 Corp. (Opcma) ct ai- a~rnTc za -~s Corp., the proceeding. Persons wishing to par- D 1-5-72 Post uMc0 Box 1a'4, lo"'on, TX. Wwskom " , Ha n Count-, .7001. TMx ticipate as parties in any hearing therein G .-S ... Allco-SIdney Oi Co. (muczo. to Arkan=-t Ioa L Gca Co, Ada must file petitions to intervene in accord- Z 1-10-72 3. S. lushin rtato), 310 Arm- Fleld, %Wcb-:rPcPrb, La. ance with the Commission's rules. £train7T0. Blil., El Dmrdao, Ark. Any order issued in this proceeding will G-124 - 'Tqui3, Inc., Post 0ffice Box 21-2, Panhandbl =Ecrn Pipa Liao Co., 1 2) 15 .G25 be subject to the Commission's Statement D 1-1X7 Tu O 741M1.9a Northnat. Grecanufh FLs3), Beavrr County. 0kl. of Policy Implementing the Economic CI1-1ios . Pcnnzorroducng Co. (noJrccsr to Unted Gm Pipe Lfsa Co- Toruls Stabilization Act of 1970 (Public Law 91- E 12-21-71 Sun 011 Co.), "0 Southwcst Tower, fzl. Chrrkea County, TMx 379, 84 Stat. 799, as amended by Public Houston, Tox. 7270. C162-76 ...... Petrolcum, rne., ct al.. 20 Wet El P2as Natural Ga3 Co., Recapluro Law 92-15, ,85 Stat. 38) and Executive 12-13-711 Douglss, INIcita, KS 673)2- Crek FilSd, San man County, Order 11615 including such amendments Utah. as the Commission may require. CIG33-24... Mobil O11 Corp. (01:rator) ct cL. AruaL.a! ln.aGa .Co.,RcdOk D 12-27-71 7'7001.Post 0111co Box 1"7 , Houatoc, TX Coun-tie.Area, Latlnr, 0k.. Lo -reo,ct a], KENNETH F. PLUMB, 0163-1410.... Gulf 0R Corp. (OIratcr) cti. (3us- h-WLsc _-n Ptpo Lin Co., 1&5c0 1.65 Secretary. 11-3)-71 c=assr to lalcon Scaissad Inz ci NorthI 03ala~ Said, Woods OL), Post 0111c Box Z9, TuL-;a County, 0kla. [FR Doc.72-1657 Piled 2--3-72;8:47 am) 414101. I64-90 ...... Apache Corp. (cuccczsr to Amncja CItlie Sczva 023 Co., D^cr Crock 14.0 14.3 E 12-2.3-71 Hcs Corp.). Post Olizo Box N..,No-th Field, Grant County, OkL [Docket No. G-3711, etc.] Tulsa, O174101. 0167-2B1 .... Beacon Gasoluno Co., Post Oica Box Wsoramo FledT Columbfa County, 0.25 15.025 UNION OIL COMPANY OF C 12-16-71 11X. Shreveport, LA 71163. Ark. 016S-.-...Sun 011 Co., Post Offcc Box Z,39, TranzUnctlnLal G33 Pipo Line 1 2L0 15.025 CALIFORNIA ET AL. C 12-17-71 DalUa3, TX 7--. Corp., Ford&&h3 rcai. Polnta Coupeo and I-crvilf Parbhy:s, La. Notice of Applications for Certificates, C172-11C ...... n Onl Co., Popt Office Box 212.0, ot-lh Oa Trnmanlsm--a Ccmp,$ay 2S32.5 14.65 A 1-10-72 - Dallaw%TX 7, -21. ELM. Santa Roca County, ia. Abandonment of Service and Peti- C172-415 ...... M1 rh3UExplomtlon,In. PostOmn Loan St:.r G:5 Co., Oakc HER1FIeld, Dcp.-ted tions to Amend Certificates' B 11-15-71 BOX 7 0. =2 West 1i0 St., Uir- R tk County, Tex. sball, TX 71570. JAunARY 27,1972. C172-6 ... ..--- Amoco Production Co.. Post Ommc Natural Ga3 Pl~ir11 Co. olSAmacza, Deptted B 1-11-72 Box W42, Houston, TX 77031. Old QO-ean Mild, 43ta da Take notied that each of the appli- Ccm ty, Tex. cants listed herein has med an applica- C172-ti7.... Skelly 011 Co. Pot 011co Box iC0, Panbhnda Ewten PIrs Liao Co., tion or petition pursuant to section 7 of B 1-11-;2 oruli0 i 2 Acrc'Zo In Sccard County, Maa. 01-418 -...... do ...... Akaxl as Louisana Ga Co., Siblay the Natural Gas Act for authorization R 1-11-72 FLId, Webotc~r Parish, La. to sell natural gas in interstate commerce CI7-1419 -.... Texas Gas Exploration Corp lilt Taft G aTransmI-:!-aCop.,Bc-k :a 260 15.025 or to abandon service as described herein, A 1-11-72- Frst City National Bank Bl3dj., 237 and Blck M7, Eunczs- Ilanid Houston, Tox. 732.- Arca, Offslscan Lcit1=1a all as more fully described in the respec- C163-693 -. 313po,a. Ino., 1I=3 19th St. NIV., Wash- Northern Natural Gas Co., noa oIn 115.=415 I46 tive applications and amendments which 0 1-7-72 ington, DO 2T03. Pes nd Crvokctt Cotunmte, Tfe. 123.5 are on file with the Commission and open U21M2 016-1033...... Anadarl Production Co. (cun--=ar Natural Gas Piprlin Co. of AmfIns 21.0 I1C13 to public inspection. E12-15-71 to A'o C ), Post Of11c Box 1gb L; and Arc, nzti addition, Any person desiring to be heard or to locks 12 cniIS.1 Offsh0oe aztern make any protest with reference to said Te=a. CI70-407 ..... Dlilyn Corp. ct at. 21)0 First City Sea Robin Pipclin=Co., Bleck IG, 1 21.25 15.-25 applications should on or before 12-13-7113 National Bank Bldg., Hoamten, Sauth March Islhal Ara, Offshore February 22, 1972, file with the Federal Tcr. ,,=r- Lou:sina. Power Commission, Washington, D.C, 0172-231 ..... Humble Oil & Rciinto Co.. Post Northern Natural Gas Co., Go= 2G.5 20426, petitions to intervene or protests A n-L-71 R 0[ o0Box 21W, Houston, TX7001I. Flid,. Peos County, 'Fer. ILC5 C172-35L ..... Monsanto Co., tow3 Post Oak Tower, Trans.icatcrn Pipe!inc Co., Nrth 13.73 in accordance with the requirements of A 12-0-71 u Houston, To. -027. Woodward Field, Wccdwvrd Coun- .9.3 14.63-z the Commission's rules of practice and ty, Ok.L I.Lo procedure (18 CPR 1.8 or 1.10). All pro- 017,2- ...... Continental 011 Co., Post 02i1co Box Grand Gas Corp., CL:o Domo Area, 1 11.0 14.63 A 1-C-72 2107, Houston, TX 77WL Grand County, Utah. tests filed with the Commission will be 0172-40r...--Golo cl Exp!ration Co. ,uc-e=sr Lona Star Gas Co., Pnn Grfh 140 considered by it in determining the ap- (0165-134) to Sun 011 Co.). Pot Omea Box Field, Ruwk County, Tex. propriate actiah to be taken but will not F 1-3-72 1614, LongvieW, TX 70 01. serve to inake the protestants parties to the proceeding. Persons wishing to be- Filing code: A-Intial smcie. B-Abandonmcnt. C-Amcndmcnt to add nr.,1. This notice does not provide for consoli- D-Amradment to deleto c=Lag. E-Suce-lon. dation for hearing of the several matters F-Partlal ttlce-Jon. covered herein. See footnotes at end of table.

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 269S NOTICES

Docket No. Price per and date fled Applicant Purchaser and location Mef l FEDERAL RESERVE SYSTEMI base CARLTON AGENCY, INC.

CI72-403 ----- Coquina Oil Corp., 418 Bldg. of the Arkansas Louisiana Gas Co., Red 20.0 14.65 Order Denying Action To Become a 1-5-72 12 Southwest, Midland, 'rex. 79701. Oak Field, Le Flore County, Okla. Northern Natural Gas Co., Curtis 16.0 14.65 Bank Holding Company and Ito- C172-4011-7-722n ...... AnadarkoBox 295, ProductionLiberal, KS Co.,Pst 6701. Office No. 2 Gas Unit, Panoma Conacil Grove Field, Stevens County, KS. quest for Determination CI72-I05 --- McCulloch ORlCorp., OSSOWilshire Transwestern Pipeline Co., Crawar (1) ...... - Carlton Agency, Inc., Carlton, Minn., B 1-10-72 Blvd., Suite 1500, Los Angeles, CA Field, Tubb Formation, Ward and 0021. Crne Counties, Tex. has applied for the Board's approval C172-106 ...... Hunt Oil Co., 1401 Elm St., Dallas, United Gas Pipeline Co., Carthage (11) under section 3(a) ( 1) of the Bank Hold------. A 1-10-72 TX 75202. Field, Panola County, Tex. C172-107 ----- Anadarko Production Co., Post Office Panhandle Eastern Pipe Line Co., n12.5 it 65 ing Company Act (12 U.S.C. 1842(a) (1) 1-10-72 0 Box 290, Liberal, KS 07101. Bergner, Haar et al. Gas Units, to become a bank holding company nlugoton Field, Morton and Stovens Counties, Kans. through the acquisition of 100 percent of 2112.5 C172-10 .------, do ------Panhandle Eastern Pipe Line Co., 14. , the voting shares (less direotors' qualify- 1-10-722 Light, Nix et al. Gas Units, Hugo- ing shares) of Carlton National Bauk, ton Field. Stevens and Morton Carlton, Minn. (Bank). Counties, Kans. At the same time, applicant has ap- C172-i ------do ------Panhandle Eastern Pipe Line Co., SI 12.5 14.(!5 plied for the Board's approval under 1-10-7223 Beaver, Brubaker et al. Gas Units, Hugoton Field, Seward, Morton, section 4(c) (8) of the Act and § 2NU and Stevens Counties, Kans. (b) (2) of the Board's Regulation Y C172-410 ------Midwest Oil Corp. (Operator) et al., Columbia Gas Transdiss lon Corp., Deplete d B 1-10-72 1700 Broadway, Denver, CO 80202. Ellis Field, Acadia Parish, La. engage In certain permiible 11iu1--to C172-411 ------Phillips Petroleum Co., Bartlesville, El Paso Natural Gas Co., Copper (2) once agency activities through the Ito--a...... B 1-7-72 Okla. 74004. Lease, Lea County, N. Mex. C172-412 ------Columbia Gas Development Corp., Texas Gas Transmis sion Corp., Ellis Deplete d quisitlon of certain assetz of the FI,.vt-.. B 1-10-72 Operator et al., Post Office Box 1350, Field, Acadia Parish, La. National Bank Insurance Agency, Carl- Houston, TX 77001. " ton, Minn. C172-413 ...... Union Texas Petroleum, a division of Transcontinental Gas Pipe Line Depleted B 1-10-72 Allied Chemical Corp., Operator Corp., Leleux Field, Vermilion Notice of receipt of these applications etal., Post OfficBox2120, Houston, Parish, La. has been given in accordance with ts:ec- TX 77001. C172-420 ----- Ragars Oil & Gas Co. (successor to Coastal States Gas Producing Co., 12. 10(02 .1 tions 3 and 4 of the Act, and the time for jO-0616) - Humble Oil & Refining Co.), Post Brownlce Field, Jim Wells County, filing comments and views has expired. 1 1-10-72 Office Box 2030, Alice TX 78332. Tax. 0172-421 ------Anadarko Production Co.,Post Office Colorado Interstate Gas Co., a divi- 2 17.0 14. 0 The Board has conidered the applica- 1-13-7227 Box 2D0, Liberal, KS 67101. s1o of Colorado Interstate Corp., tions and all comments receivcd In light Hagan No. 1-19 Gas Unit Keyes of the factors set forth In section 3(co of Field, Cimarron County, Olda C172-422 ------do ------Northern Natural Gas Co., Taylor, Ic. 0 11.65 the Act (12 U.S.C. 1842(c)), and the con- 1-13-72 a Bass et al. Gas Units, Southwest siderations specified in section 4(o) (8) of Camp Creek Field, Beaver County, the Act (12 U.S.C. 1843(c) (8) ) and finds Okla. ' CI72--423-- Continental Oil Co, Post Office Box Cities Service Gas Co., East Niles I 20. 2 11. o5s that: A 1-13-72 2197, Houston, TX 77001. Field, Canadian County Okla. C172-424.--- Hassle Hunt Trust, 1401 Elm St., El Paso Natural Gas lo.. North 1130.0 14.64 Applicant is a newly-formed organiza- A 1-13-72 Dallas, rX. Puckett (Wolfcamp) Field, Pecos tion and has no operating history. Upon County, Tex. acquisition of Bank ($5.9 million of de- C172-426 ------Petroleum, Inc. (Oprator) et al, 300 Panhandle Eastern Pipe Line Co., Depleted posits), applicant B 1-13-72 West Douglas, Wichita, LS 6722. • Hurley Gas Unit, Texas County, would control about...... Okla. banh d'- 0172-427 . Texaco, Iuc. (uccessor to Mobil Oil Cities Service Gas Co., Waynoka, 1 11.25 0.1 percent of the commercial (0100-182) Corp., Box 2420, Tulsa, OIK 74102. Northeast Field, Woods County, posits in the State. (All banking data are F 1-10-72 Okla. as of June 30, 1971.) As the proposed I Applicant released acreage to Mrs. Matilda Gray Stream. transaction represents 1 tramplfer of an 2 Casinglhad gas. 3 Expiration of lease. individual's ownership of Bank into a 'Applicant proposes to continue the sale of natural gas to cover its interests formerly covered by Ladd P etroicuin presently nonoperating holding corn- Corp. (Opcrator) et al, FPC Gas Rate Schedule No. 5. not elimi- Includes 0.1925 cent per Met tax reimbursement. Rate in effect subject to refund In Docket No. R170-o. s0, ata7t7. notepuny, anyconsummation exi=sting or potentialwould banldli' IApplicant is willing to accept a permanent certificate in conformance with the provisions of Opinion N an initial rate of 18.100 cents per Met plus B.tu. adjustment and tax reimbursement; however, the contrac t price s competition and would not result in any 20.67 cents per Mc which Includes 1.110 cents per Mef B.t.u. adjustment and 1.037 cents per Meftax reimbuorsclcnt. increase in the concentration of banftinsv 'A pplicant proposes to gather and process the gas produced by MacDonald Oil Corp., Win. D. McBe Estate, resources In any relevant area. Bank's nd Vfaughn Petroleum Inc. s As per contract on date of deliveries. management and financial condition are 0 Old gas. is Gas under 1363 amendment to eontraut. consistent with approval and its capital 11Now gas. presently is adequate. However, bccat :e NApplicant, a small producer certificate holder, proposes to sell gas from reserves acquired In pla.o frox n alarge of the proposed method of financing the producer. 13Subect to upward and downward B.t.u. adjustment. Rate in effect subject to refund in Docket No.] 171-03. acquisition of Bank, the financial cendi- u Application previously noticed Dec. 9, 1971, in G-10202 et al, at a rate of 24.5 cents per Mef, subject to upward tion and prospects of applicant and and downward B.t.u. adjustment. By letter filed Jan. 17, 1972, applicant amended its application to reflect a rate of Bank would be adversely affected by 20.6 cents per Met. ai Application previouly noticed ran. 4, 1172, in C162-825 et al., at a rate of 20 cents per Met, subject tooupward consumnation of the proposed tran- and downward B.t.u. adjustment. By letter filed Jan. 13, 1072, applicant amended It, application to reflee t rates of action. 18.78 cents pyr Mt for cwinghead gas and 20.3 cents per Mef for gas-well gas. i Gas-well gas. of the 11Applicant proposes to continue the sale of natural gas heretofore authorized In Docket No. CI0GO-65to bo made Applicant, upon consummation pursuant to Union National Bank of Wichita, Executor of the Estate of Walter F. Kuhn, deceased et al.,] FPc Gas proposed acquisition, would incur ac- Rato Schedule No. 22. quisition debt of $175,000 (now owed by is Low production. to a third-party bank', 13Subject to upward and downward B.t.u. adjustment. the principal I, Applicant proposes to continue the sale of natural gas heretofore authorized in Docket No. G-5069 to be made which would amount to approximately pursuant to Union National Bank of Wichita, Executor of the Estate of Walter F. Kuhn, deceased et al., FPC Gas 66 percent of applicant's equity. The bal- Rate Schedule No. 20. 51 Pursuant to Opinion No. 58G;however, the contract price is 13 cents per Mel ance of the debt, $100,000, would be held 22Applicant proposes to continue the sale of natural gas hertofore authorized in Docket No. G-509 to be made personally by the principal and would pursuant to Union National Bank of Wichita, Executor of the Estate of Walter F. Kuhn, deceased et al., IFPO Gas be secured by stock of applicant. Appli- Rate Schedule No. 19. 23Applicant proposes to continue the sale of natural gas heretofore authorized in Docket No. G-ZG69 to be made cant would require more than 60 percent pursuant to Union National Bank of Wichita, Executor of the Estate of Walter F. Kuhn, deceased ot al., FPC Gas of Bank's earnings to servlce the debt, Rate Schedule No. 1& 21Production has ceased and lase has been released. and its ability to do so is considered 25Adjusted for B.t.u. marginal. ') The applicable area rate is 23 cents per Mef; however, the contract price is 27 cents peris Mef. 27Applicant proposes to continue the sale of natural gas heretofore authorized in Docket No. G-14 53 to be made The Board views the debt ,,plit ar- pursnant to Hughes Scewald (Operator) et al, FPC Gas Rate Schedule No. 1. rangement present in this application .I Adjusted downward for B.t.u. plus 50% Oklahoma tax increase. to circumvent the problem 13 Applicant proposes to o)ntinue the sale of natural gas heretofore anthorized In Docket No. G-12110 to be made as a method pursuant to Harper Oil Co. (Operator) et al., FPO Gas Rate Schedule No. 3. of debt servicing by one-bank holding 2 rate is 16 cents per Mel, adjusted for B.t.u.; however, the contract price is 18 cents per Mel. 2l IneludesThe initial dehydration charge. companies. The fact that the principal personally has assumed part of the bank [FIt Doc.72-1545 Filed 2-3-72;8:45 am] acquisition debt does not mean that the FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 2699 holding company will not be expected to amount of existing competition and meats and views has expired and all satisfy, directly or indirectly, some of the would not adversely affect any compet- those received have been considered. obligation. After analysis of the proposed ing bank in any relevant area. mined to be closely related to banking debt of applicant and its Principal and Some potential competition between (12 CFR 225.4(a) (1) and (9)). A bank other circumstances of record, the Board applicant and Bank would be foreclosed holding company may acquire a com- concludes that the acquisition debt in- upon consummation of the proposal The operation of a finance company volved in this proposal presents adverse since both applicant's subsidiary bank and acting as insurance agent or broer circumstances bearing on the financial and Bank can branch de novo into each are activities that the Board has deter- condition and prospects of applicant and others service area. However, the high pany engaged in either of these activities Bank. Such circumstances are not out- ratio of conmercial banking offices to as long as the activities of the institu- weighed by any procompetitive factors population in the relevant areas, and the tion proposed to be acquired are not con- or by circumstances relating to the con- relatively static economic and popula- ducted in a manner inconsistent with venience and needs of the communities tion growth in those areas minimize any the limitations the Board has established to be served. On the basis of the record, effect on potential competition. pursuant to section 4(c) (8) of the Act. the Board concludes that approval of the The financial and managerial re- Applicant's banking subsidiary, Great section 3 application is not in the pub- sources of applicant and Bank are gen- Western Bank and Trus (Great West- lic interest, and it is accordiigly denied 1 erally satisfactory and consistent with ern), is the sixth largest bank in Arizona. By order of the Board of Governors,2 approval. It appears that consummation Its deposits of $124.7 million represent January 27, 1972. of this proposal would not have any im- 3.5 percent of total deposits in the State. mediate effects on the convenience and Great Western makes consumer install- [SEAL] TtNAzr SMIT, needs of the communities, although im- ment loans through its headquarters of- Secretary of the Board. provement and expansion of services fice in Phoenix and In branch offices [FR Doc.72-1649 lied 2-3-72;8:47 am) may be facilitated by the operational throughout Arizona. Installment credit structure of a holding company. More- by all Arizona banks, as of December 31, over, applicant will assist Bank in loan 1970, totaled $648.1 million, of which NORTH ATLANTIC BANCORP. participation arrangements, auditing, Great Western had but $5 million. Order Approving Acquisition of Bank advertising, and general operating pro- Model Finance Co. is a small consumer cedures. Considerations related to the finance holding company with total as- North Atlantic Bancorp., Newton, convenience and needs of the communi- sets of $7.2 millon. It has 13 offices, of fass., a bank.holding company within ties to be served therefore, lend some which 8 are in areas of Arizona served by the meaning of the Bank Holding Com- weight for approval. It is the Board's Great Western; the 5 out-of-State of- pany Act, has applied for the Board's judgment that the proposed transaction nces are located in Albuquerque, Las approval under section 3(a) (3) of the would be in the public interest and that Vegas, and Denver. Model Finance Co. Act (12 U.S.C. 1842(a) (3)) to acquire the application should be approved. maxes Small consumer loans and sells 51 percent or more of the voting shares On the basis of the record, the appli- credit insurance in connection with its of University Trust Co., Cambridge, cation is approved for the reasons sum- lending activities. The local markets for Mass. (Bank). marized above. The transaction shall not high-risk consumer loans, in which Notice of receipt of the application be consummated (a) before the 30th Model Finance Co. competes, encompass has been given in accordance with sec- calendar day following ttie date of this a relatively large number of competitors. tion 3(b) of the Act, and the time for order or (b) later than 3 months after For example, in the Tucson and Phoenix fling comments and views has expired. the date of this order, unless such period metropolitan areas there are 39 and 117 The Board has considered the applica- is extended for good cause by the Board, licensed consumer finance companies, tion and all comments received in the or by the Federal Reserve Bank of respectively. light of the factors set forth in section Boston pursuant to delegated authority. Most potential borrowers in the small 3(c) of the Act (12 US.C. 1842(c)) and By order of the Board of Governors? high-risk consumer loan market either finds that: January 27, 1972. cannot or would not consider commer- Applicant controls one bank with total cial banks as alternative sources. Since deposits of-$33.9 million, representing 0.3 [SEAL] TYNAN SU3TH, finance companies-and commercial banks percent of total commercial deposits in Secretary of the Board. do not compete for loans to the same the State. (Banking data are as of June [FR Doc.72-1650 Filed 2-3-72;8:47 al] class of borrowers, the Board concludes 30, 1971.) Acquisition of Bank (deposits that consummation of the acquisition of $10.2 million) would not significantly PATAGONIA CORP. would not eliminate existing or potential increase applicant's share of total competition between Great Western and deposits in the State. Order Approving Acquisition of Model Model Finance Co. Nor is there any sig- Bank operates its sole office in the Finance Company nificant possibility that the acquisition Boston SMSA and the area it presently will have adverse effects on credit avail- Patagonia Corp.,' Tucson, Ariz., a bank ability to independent finance compa- serves is approximated by the towns of holding company within the meaning Cambridge, Somerville, Arlington, and nies. There Is no evidence in the record of the Bank Holding Company Act of indicating that consummation of the Belmont. Bank controls 0.1 percent of 1956, as amended, has applied for the the deposits in the Boston SMSA and proposed transaction would result in any Board's approval, under section 4(c) (8) undue concentration of resources, unfair ranks 41st of 55 banks in that market. of the Act and § 225.4(b) (2) of the Applicant's subsidiary office closest to competition, conflicts of interests, un- Board's Regulation Y, to acquire all of sound banking practices, or other ad- Bank is located 6.5 miles away and is Co., also located in the Boston SMSA; how- the voting shares of Model Finance verse effects on the public interest. Phoenix, Ariz. Notice of the application It is anticipated that Model Finance ever, it serves a -different area, which for interested per- is approximated by the cities of Newton, affording opportunity Co.'s affiliation with applicant will give sons to submit comments and views has Model Finance Co. access to the greater Weliesbay, Watertown, Brookline, Bed- been duly published. Time for filing com- ford, and Woburn. There is only nominal resources of applicant, and enable it to con- existing competition between Bank and 'Voting for this action: Chairman Burnz compete more effectively with other applicant's existing subsidiary and there and Governors Robertzon, Dasne, Maisccl, Sumer finance companies in the area in are numerous banking offices in the in- and BrImmer. AbsOnt and not voting: Gov- which it operates. There are also certain tervening area. Consummation of the ernors fitchell and Sheehan. economies likely to be derived from the proposal would eliminate only a small 2Patagonla Corp. presently controls varl- affilliation. On balance, the Board con- ous nonbanking subsidlarles acquired prior cludes that the publio benefits factors the to the date it became a bank holding com- Board is required to consider under sec- I Denial of applicant's 3(a) (1) application pany under the Act. It Is its Intention to tion 4(c) (8) outweigh any possible ad- requires denial of the attendant 4(c) (8) clarify the status of certain of thE-_e sub- that might result from the proposal. sidlaries as soon as pomble, and to comply verse effects 'Voting for this action: Chairman Hurns with the requirements of the Act, including proposed acquisition. and Governors Robertson, Mitchell, DaMne. the dive3titure provisions of rectIon 4, where MA~aisel, Brimmer, and Sheehan. applicable, as to all of these subsIdiarles. 'Data as of June 30, 1971. FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 2700 NOTICES

Based upon the foregoing and other as such under the Act; and the stock- nization from qualifying as tax-free tin- considerations reflected in the record, holders of applicant will be entitled to der the tax ruling described below, or the Board has determined that the bal- exchange their shares of applicant for (c) if for any other reason it Is, In the ance of the public interest factors the shares of the nonregistered Panama opinion of the board of directors, no Board is required to consider under sec- Company. longer possible or advisable to put the tion 4(c) (8) is favorable. Accordingly, In general, the proposed Plan provides proposed Plan into effect. the application is hereby approved. This for (1) the amendment of applicant's Applicant states that application will determination is subject to revocation by certificate of incorporation to provide .be made to list the stock of Panama the Board if the facts upon which it is that, on the sale or exchange of all or Company on the Geneva Stock Exchange based change in any material respect. substantially all of applicant's assets in place of the stock of applicant and By order of the Board of Governors,' pursuant to a reorganization of appli- that Panama Company will Invest pri- January 27,1972. cant into a corporation organized under marily in U.S. securities and will main- the laws of the Republic of Panama, tain the same Investment policies as [SEAL] TYNAN SzITH, stockholders who vote against such re- those followed by applicant In recent Secretary of the Board. organization and demand in writing years. The five Swiss directors of appli- [FR Doc.72-1651 Filed 2-3-72;8:47 am] payment of the net asset value of their cant (or other representatives of four shares will be entitled to receive in cash Swiss banking firms which have vpon- an amount equal to such net asset value sored applicant since Its organization) as determined therein as of the close who constitute a majority of applicant's SECURITIES AND EXCHANGE of business on the day such sale or ex- board of directors will be directors of change becomes effective; (2) the orga- Panama Company; and none of the U.S. nization of Panama Company as a fully citizens or residents who are presently COMMISSION owned subsidiary under the laws of the officers or directors of applicant and no 1812-2804] Republic of Panama to operate as a other U.S. citizen or resident will be an closed-end investment company; (3) the AMERICAN EUROPEAN SECURITIES officer or director of Panama Company, CO. transfer to -Panama Company of all of Applicant states that it has received applicant's assets (other than an amount rulings from the Internal Revenue Sexy- Notice of Filing of Application for of cash required to pay a final income ice that (1) the acquisition of all the Exemption dividend and capital gain distribution, stock of Panamn Company in exchange the net asset value of shares of object- for assets of applicant, and the related JAruAnY 31, 1972. ing stockholders, the expenses of the acquisition of stock of Panama Company Notice is hereby given that American reorganization and any other liabilities by those stockholders of applicant who European Securities Co. (applicant), of applicant) in exchange for (a) such are U.S. persons in exchange for their 268 Center Street, Southport, CT 06490, a number of shares of Panama Company stock of applicant, pursuant to the Plan, Delaware corporation and a closed-end as will equal the number of applicant's will be exempt from the Federal Intercst investment company registered under the outstanding shares other than those held Equalization Tax, and (2) the Plan I" Investment Company Act of 1940 (Act>, by objecting stockholders of applicant not in pursuance of a plan having as one has filed an application pursuant to sec- who have demanded payment of the of its principal purposes the avoidance tion 6(c) of the Act on its own behalf net asset value of their shares and of Federal income taxes within the and on behalf of a fully owned subsidi- (b) the assumption by Panama Company meaning of seetion 267 and 1492 of the ary closed-end investment company, of any liabilities of applicant in excess Internal Revenue Code and the acqui-- American European Securities, Inc., to of the amount of cash to be retained by tion by Panama, Company of sub,tan- be incorporated by it under the laws of the latter; (4) the declaration and pay* tially all of the assets of applicant In the Republic of Panama (Panama Com- ment on the shares of applicant's stock exchange for stool: of Panama Company pany) for an order exempting from the outstanding on the date set for the ex- and the assumption of liabilitles of appli- provisions of section 7(d) of the Act the change (other than shares of objecting cant will constitute a reorganizatlion proposed Plan of Reorganizatiofi (Plan) stockholders) of a final income dividend within the meaning of section 308(a) of applicant insofar as such proposed and capital gain distribution payable in (1) (D) of the Internal Revenue Code, Plan involves use of the malls or any cash, one equal to the investment com- provided that at lea-t 90 percent of the means or instrumentality of interstate pany' taxable income of applicant for fair market value of the net anets, and commerce to offer for sale, sell or deliver the period January 1, 1972, to the effec- at least 70 percent of the fair market after sale, in connection with a public tive date of the reorganization and the value of the gross assets of applicant offering, any security of Panama Com- other equal to the excess, if any, of the (other than cash rotained and u:cd to pany. All interested persons are referred net long-term capital gain over the net pay dividends) are acquired by Panama to the application on file with the Com- short-term capital loss of applicant for Company. mission for a statement of the repre- the same period; (5) the distribution of Insofar as the proposed Plan may i- sentations therein which are summarized shares of Panama Company received by volve a public offering of shares of Pan- below. it to applicant's stockholders, other than ama Company, such offering would ap- The applicant states that it was in- objecting stockholders on the basis of pear to be prohibited by section 7(d) of corporated in 1925 as successor to a Swiss one share of Panama Company for each the Act, which provide,, In part,, that n~o company organized in 1910 to serve as share of applicant, as described in 'the investment company, unless or.anivcd a vehicle for investment by Europeans application; (6) the proposed sale of or otherwise created under the lawa. (f in securities of corporations organized in substantially all of-the assets of appli- the United States or of a State, and ino the United States. Applicant has out- cant and all other proposed acts designed depositor or trustee of or underwriter for standing 768,900 shares of common stock to change the nature of applicant's busi- such a company not so organized or which are listed and traded in Switzer- ness so that it will cease to be an invest- created, shall make use of the malli or land on the Geneva Stock Exchange. ment company. any means or nstrumentality of Lnter- If the proposed Plan is consummated, The affirmative vote of two-thirds of state commerce, directly or indirectly, to applicant, a Delaware corporation which the total number of outstanding shares offer for sale, sell, or deliver after .nl:, is registered and regulated as a closed- of common stock of applicant are re- in connection with a public offerinfg, any end investment company under the Act, *quired for adoption of the proposed Plan. security of whlch such company P.: thto will transfer its entire business to Pan- Notwithstanding such stockholder ap- issuer. ama Company, which will operate as a proval, the board of directors of appli- Section 6(c) of the Act provide !, In closed-end investment company but cant will abandon the proposed Plan (a) part, that the Commission may condl- which will not be subject to regulation if the Commission refuses to grant the tionally or unconditionally exempt any exemption order requested by applicant, person, security or transaction, or any (b) if the amount payable to objecting dVoting for this action: Chairman Burns class or classes of persons, secturithe and Governors Robertson, Daane, Maisel, stockholders who demand payment in Brimmer, and Sheehan. Absent and not vot- cash for their shares is so great that or transactions from any provilion or ing: Governor Mitchell. it would or might prevent the reorga- provisions of the Act or of any rule or

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 2701 regulation thereunder, If and to the ex- said application shall be issued upon re- ment interests In the Adviser, a trans- tent that such exemption is necessary or quest or upon the Commission's own mo- fer of control of the partnership may be appropriate in the-public- interest and tion. Persons who request a hearing or deemed to have been effected by his consistent with the protection of in- advice as to whether a hearing is ordered death, resulting In an assignment of the vestors and the purposes fairly intended will receive notice of further develop- Investment advisory agreement. by the policy and provisions of the Act. ments in this matter, including the date The surviving partners of the Adviser In support of the relief requested, ap- of the hearing (if ordered) and any post- have agreed among themselves to con- plicant contends that there is lacking any ponements thereof. tinue the firm under the same style and significant U.S. investor interest in appli- It is ordered, That applicant shall name and the partnership has entered cant. The application states that appli- cause a copy of this notice to be mailed into a new investment advisory agree- cant's shares are listed and traded in on or before February 3, 1972 to each ment, dated December 28, 1971, with the Switzerland on the Geneva Stock Ex- of the stockholders of applicant at each Fund. The application states that the change; that its shares are not listed on stockholder's last known address. new agreement has been approved by any securities exchange in the United By the Commission. the Board of Directors of the Fund with States; that there is virtually no market the concurrence of a majority of the di- for its shares in the United States; and [SEAL] RONAD F. HUN'T, rectors who are not parties to the agree- that approximately 97 percent of its Secretary. ment or Interested persons of any such shares are owned beneficially by persons [IR Doc.72-1647 Filcd 2-3-72;8:40 a=1 parties. The Fund reprezents that the who are neither citizens nor residents of new agreement provides that the Adviser the United States. Applicant represents will continue to render advisory serv- further that as of January 3, 1972, it had [812-3097 Ices to the Fund under the same terms 94 stockholders of record having ad- LEON B. ALLEN FUND, INC. and conditions as provided for in- the dresses in the United States, represent- terminated contract. ing 33,769 shares out of a total 768,900 Notice of Filing of Application for an The Fund further represents that, as shares outstanding. One corporatestock- Order Granting Exemption a condition to the granting of the re- holder of record of 68 shares was liqui- quested exemptions, It will hold a spe- dated 35 years ago and two individual JAUARY 31, 1972. cial meeting of shareholders on or before stockholders of record of 26 and one Notice is hereby given that Leon B. March 15, 1972, for the purposes of sub- share, respectively, have been missing for Allen Fund, Inc. (Fund), 120 Broadway, mitting a new investment advisory agree- years. The application states that appli- New York, NY, an open-end manage- ment to the shareholders of the Fund for cant has concluded after extensive re-, ment investment company registered their approval or disapproval. search that only about 83 persons who under the Investment Company Act Section 15(a) of the Act provides in are beneficial owners of its shares are of 1940 (the Act) and incorporated part that It shall be unlawful for any per- citizens or residents of the United States. in the State of New York, has filed son to serve or act as investment adviser The application also states that in late an application pursuan to section to a registered investment company ex- 1967 and early 1968 counsel for applicant 6(c) of the Act for an order exempting cept pursuant to a written contract that discussed the proposed organization with Gillen & Co. (Adviser), the investment has been approved by the vote of a major- the staff of the Commission and that the advisor to the Fund under an Investment ity of the outstanding voting securities of staff of the Commission in April of 1968 advisory agreement dated December 28, such registered company and which pro- advised counsel that it would not oppose 1971, from the provisions of section 15 (a) vides, in substance, for Its automatic ter- an application for the relief requested of the Act which prohibit any person mination in the event of its assignment. if the Plan was amended as suggested from serving as an investment advisor to The Commison may exempt transac- by the staff and if, when the application a fund except under a contract which tions from the requirements of the Act was filed, applicant had no more than has been approved by a vote of a major- pursuant to section 6(c) thereof to the 100 beneficial stockholders who were Ity of the outstanding voting securities extent that such exemption is necessary citizens or residents of the United States of such fund. The Fund requests that or appropriate in the public interest and and that, accordingly, the Plan was the exemption be effective from Octo- consistent with the protection of in- amended as suggested by the staff and ber 27, 1971, through March 15, 1972: vestors and the purposes fairly intended an alternate plan of liquidating appli- Provided, That a special meeting of by the policy and provisions of the Act. cant was abandoned. shareholders of the Fund is held on or Notice Is further given that any inter- Notice is further given that any inter- before March 15, 1972, for the purpose ested person may, not later than Febru- ested person may, not later than Febru- of submitting to such shareholders for ary 21, 1972 at 5:30 p.m., submit to the ary 29, 1972 at 5:30 pm., submit to the their approval or disapproval a new in- Commission in writing a request for a Commission in writing a request for a vestment advisory agreement. The fund hearing on the matter accompanied by a hearing on the matter accompanied by a further requests an order pursuant to statement as to the issues, If any, of fact statement as to the nature of his inter- section 6(c) exempting from the provi- or law proposed to be controverted, or he est, the reasons for such request, and the sions of section 15(a) of the Act all may request that he be notified if the issues of fact or law proposed to be con- actions of the Adviser which may have Commission should order a hearing troverted, or he may request that he be been taken as investment adviser of the thereon. Any such communication should notified if the Commission should order Fund from October 27, 1971, through be addressed: Secretary, Securities and a hearing thereon. Any such communi- March 15, 1972. All interested persons Exchange Commission, Washington, D C. cations should be addressed: Secretary, are referred to the application on file 20549. A copy of such request shall be Securities and- Exchange Commission, with the Commission for a statement of served personally or by mail (airmail if Washington, D.C. 20549. A copy of such the Fund's representations which are the person being served is located more request shall be served personally or by summarized below. than 500 miles from the point of mailing) mail (airmail if the person being served The Adviser, a partnership, has acted upon the applicant herein, i.e., the Fund. is located more than 500 miles from the as investment adviser to the Fund pur- point of mailing) upon applicant at the suant to an investment advisory agree- at the address stated above. Proof of such address stated above. Proof of such serv- ment entered into on June 20, 1952, and service (by affidavit or in case of an at- ice (by affidavit or in case of an attor- continued or amended from time to time torney at law by certificate) shall be filed ney at law by certificate) shall be filed thereafter, which provided, among other contemporaneously with the request. At contemporaneously with the request. At things, for Its automatic termination In any time after Said date, as provided by any time after said date, as provided by the event of Its assignment. An asrqgn- Rule 0-5 of the rulds andregulationspro- Rule 0-5 of the rules and regulations ment is defined In section 2(a) (4) of the promulgated under the Act, an order dis- Act as including any direct or indirect mulgated under the Act, an order dispos- posing of the application herein may be transfer of control by the assignor. ing of the application herein may be is- issued by the Commission upon the basis On October 27, 1971, Leon B. Allen, a sued by the Commison upon the basis of the information stated in said appli- partner in the Adviser, died, and, due to of the information stated in said appli- cation, unless an order for hearing upon his substantial financial and manage- cation unless an order for hearing upon

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 No. 24-Pt. I-9 2702 NOTICES said application shall be issued upon re- wire) and tempered glass. The vote of the [TElA-W-129l quest or upon the Commission's own mo- Commission was equally divided on sheet tion. Persons who request a hearing or glass and unanimously negative on all C. P. CLARE AND CO. advice as to whether a hearing is or- other glass. The petition had been filed Workers' Petition for Determination of dered will receive notice of further devel- by the principal domestic producers of Eligibility To Apply opments in this matter, including the such glass. The investigation (No. TEA- for Adjustment date of the hearing (if ordered) and any 1-23) was conducted under the provisions Assistance; Notice of Investigation postponements thereof. of section 301(b) (1) of the Trade Expan- On the basis of a petition filed under For the Commission, by the Division of sion Act of 1962. section 301(a) (2) of the Trade Expan- Corporate Regulation, pursuant to dele- With respect to sheet glass, Chairman sion Act of 1962, on behalf of the workera gated authority. Bedell and Commissioners Sutton and of the Rapid City, S. Da[:., plant of C. P. Moore found (1) that such glass is, as a [SEAL] RONALD F. HUNT, Clare & Co., Division of General Instru- Secretary. result in major part of trade-agreement ments Corp., Newark, N.J., the U.S. Tariff concessions, being imported into the Commission, on January 31, 1972, Instl- [FR Doc.72-1648 Filed 2-3-72;8:47 am] United States in such increased quan- tuted an investigation under section 301 tities as to threaten serious injury to the (c)(2) of the act to determine whether, domestic industry producing like or di- as a result in major part of concessions rectly competitive articles; and (2) that granted under trade agreements, arti- SMALL BUSINESS increases in the rates of duty on most cles like or directly competitive with window glass to the escape-clause rates mercury-wetted contact relays (of the ADMINISTRATION which were in effect between 1962 and type provided for In item 685.90 of the 1967 are necessary to avoid serious in- [License No. 04/05-5103] Tariff Schedules of the United States) jury. Following an earlier escape-clause produced by said plant are being Im- FLORIDA CROWN MINORITY EN- investigation by the Tariff Commission in ported into the United States In such TERPRISE SMALL BUSINESS 1962, the President had increased the increased quantities as to cause, or INVEST- rates of duty applicable to U.S. imports MENT CO. threaten to cause, the unemployment or of sheet glass; this action was modified underemployment of a significant nun- Notice of Issuance of License to Oper- in 1967, the escape-action rates on most ber or proportion of the workers of such ate window glass being reduced and those on manufacturing plant. as a Minority Enterprise Small other sheet glass being eliminated Business Investment Company The petitioner has not requested a (restoring the trade-agreement conces- public hearing. A hearing will be held On December 4, 1971, a notice was sion rates). on request of any other party thowing published in the FEDERAL REGISTER (36 Vice Chairman Parker and Commis- a proper interest in the subject matter F.R. 23182) stating that Florida Crown sioners Leonard and Young found that of the investigation, provided such re- Minority Enterprise Small Business In- sheet glass is not, as a result in major quest is filed within 10 days after the vestment Co. had filed an application part of trade-agreement concessions, be- notice is published in the FnDonnA with the Small Business Administration, ing imported into the United States in REGISTER. such increased quantities as to cause or pursuant to § 107.102 of the SBA rules The petition filed in this case is avail- and regulations governing small busi- threaten serious injury to the domestic able for inspection at the Office of the ness investment companies (13 CPR industry producing like or directly com- petitive articles. Secretary, U.S. Tariff Commission, 107.102 (1971)) for a license to operate Under the law, the Presi- Eighth and E Streets NW., Washington, as a minority enterprise small business dent may consider the findings of either investment company (MESBIC). group as the findings of the Commission. DC, and at the New York City office of Interested parties were given to the With respect to plate and float glass, the Tariff Commission located in Room close of business December 19, 1971. to rolled and polished wire glass, and tem- 437 of the Customhouse. submit their written comments to SBA. pered glass, the Commission unanimously Issued: January 31, 1972. Notice is hereby given that, found that such products are not, as a having By order of the Commission, considered the application and all other result in major part of trade-agreement pertinent information, SBA has issued concessions, being imported into the [SEAL] KEImN= R. MAso, License No. 04/05-5103 to Florida Crown United States in such increased quan- Secretary. tities as to cause or threaten serious Minority Enterprise Small Business In- [FR Doc.72-1660 Fled 2-3-72:8:48 am] vestment Co., pursuant to section 301(c) injury to the domestic industry or indus- of the Small Business Investment Act tries producing like or directly competi- of 1958, as amended. tive articles. A part of the material contained in the Dated: January 28, 1972. Commission's report to the President may DEPARTMENT OF LABOR JAIES THOwAS PHELANr, not be made public since it includes in- Employment Standards Administration Acting Associate Administrator formation that would disclose the opera- for Operationsand Investment. tions of individual firms. The Commis- MINIMUM WAGES FOR FEDERAL AND [FR Doc.72-1633 sion, therefore, is releasing to the public FEDERALLY ASSISTED CONSTRUCTION Filed 2-3-72;8:45 am] only those portions of the report that do not contain such information. Modification to Area Determination Copies of the public report (TC Pub- Decision for Specified Locality in lication 459), which contains statements Florida TARIFF COMMISSION of the reasons for the Commissioners' FLAT GLASS AND TEMPERED GLASS findings, will be released as soon as pos- Area wage determination decision pub- sible. Copies will be available upon re- lished in the FEDERAL REGISTER on the Reports to the President quest as long as the supply lasts. Requests following date: JANuARY 31, 1972. should be addressed to the Secretary, U.S. Decision No.: Dath Al-458 ------The Tariff Commission today reported Tariff Commission, Eighth and E Streets Aug. 20, 1971 to the President the results of its investi- NW., Washington, DC 20436. is hereby modified as set forth below. gation under the Trade Expansion Act of By order of the Commission. This modification Is based upon Infor- 1962 of a petition for an increase in im- mation obtained concerning changes in [SEAL] KENNETH R. MAsoN, prevailing hourly wage rates and fringe port restrictions on flat glass (sheet, Secretary. benefit payments since this determina- plate and float, and rolled and polished [FR Doc.72-1665 Fled 2-3-72;8:48 am] tion was Issued.

FEDERAl OEGISTER,VOL. 37, NO. 24--FRIDAY, FEBRUARY 4, 1972 NOTICES 2703

The determination of prevailing rates determination decision, as hereby modi- Further information and self-explana- and fringe benefits made in this modifi- fled, shall, in accordance with the pro- tory forms for the purpose of submitting cation has been made by authority of visions of the foregoing statutes, consti- this data may be obtained by vriting to the Secretary of Labor pursuant to the tute the minimum wages payable on the U.S. Department of Labor, Employ- provisions of the Davis-Bacon Act of Federal and federally assisted construc- ment Standards Administration, Wage March 3, 1931, as amended (46 Stat. tion projects to laborers and mechanics 1494, as amended, 40 U.S.C. 276a) and of the specified classes engaged in con- and Hour Division, Dislon of Wage De- of other Federal statutes referred to in tract work of the character and in the terminations, Washington, D.C. 20210. 29 CFR 1.1 (including the statutes listed locality described therein. The cause for not utilizing the rule mak- at 36 F.I 306 following Secretary of The modification is effective from the ing procedures prescribed in 5 U.S.C. Labor's Order No. 24-70) ,containing pro- date of publication in the FEDERAL EG- section 553 Is set forth in the document visioni for the payment of wages which isTER until the end of the period for being modified. are dependent upon determinations by which the determination being modified the Secretary of Labor under the Davis- was issued and is to be used in accord- The modification to the area wage de- Bacon Act; and pursuant to the provi- ance with the provisions of 29 CFR, Part termination decision listed above is set sions of Part I of Subtitle A of Title 29 5. forthbelow. of Code of Federal Regulations, Proce- Any person, organization, or govern- Signed at Washington, D.C., this 1st dure for Predetermination of Wage mental agency having an interest in the day of February 1972. Rates, and of Secretary of Labor's Orders 13-71 and 15-71 (36 F.R. 8755, 8756). wages determined as prevailing Is en- HORACE E. MEXAscO, The prevailing rates and fringi benefits couraged to submit wage rate informa- Admfnistrator, Employment determined in the foregoing area wage tion for consideration by the Department. Standards Administration. 3ODIFICATION

11=1Z Fru qa bencfts paynn C0=1fllatIon hourly mTW3 II & W P ' Vamcfn App.Tr. OtLhx

WDZ o.AM-458--56 F.R. 16390, Escambia, Okoora,No0.4 Walto, and Santa Rosa CcLai I ts, Fla., ofdificctcn CHANGE: Faintdr ComnmerciaL ...... C O S-L10 ...... $0.0 ------Industrial ------. 4. 5 I ...... C5

[F, Doc.72-1659 FJled 2-3-72;8:48 am)

MINIMUM WAGES FOR FEDERAL AND are hereby modified and/or superseded payable on Federal and Federally assisted FEDERALLY ASSISTED CONSTRUCTION as set forth below. Supersedeas decision construction projects to laborers and numbers are in parentheses following mechanics of the specified classes en- Modification to Area Determination the number of the decision being super- gaged in contract work of the character Decisions for Specified Localities in seded. and in the localities described therein. Certain States These modifications and/or super- The modification and/or supersedeas sedeas decisions are based upon informa- decisions are effective from their date of Modification aWd/or supersedeas deci- tion obtained concerning changes in publication in the FrnnA' L RzGisES sions to area wge determination deci- prevailing hourly wage rates and fringe until the end of the period for which the sions for specified localities in Florida, benefit payments since these determina- determinations being modified and/or Illinois, Indiana, Michigan, and Texas. tions were issued. superseded were Issued and are to be Area wage determination decisions The determinations of prevailing rates used in accordance with the provisions published in the7FEDERAL REGISTER on the and fringe benefits made n these modi- of 29 CFR Part 5. following dates: fications and/or supersedeas decisions Any person, organization, or govern- Decai n No. Date have been made by authority of the mental agency having an interest in the AM'-330, AM--331, AM-332, Secretary of Labor pursuant to the pro- vwages determined as prevailing is en- AM-333, AM-341, AM-342, visions of the Davis-Bacon Act of March couraged to submit wage rate informa- .AM-354, AM-355, AM-356, 3, 1931, as amended (46 Stat. 1494, as tion for consideration by the amended, 40 U.S.C. 276a) and of other Department. Further information and AM-370 ------Aug. 13, 1971 self-explanatory forms for the purpose AM-373, AM-377, AM-390 .... Aug. 18, 1971 Federal statutes referred to in 29 CFR 1.1 (including the statutes listed at 36 of submitting this data may be obtained AM-452, AM-453, At--451, by vniting to the U.S. Department of AM-455, AM--457, AM-460, P.R. 306 following Secretary of Labor's Order No. 24-70) containing provisions Labor, Employment Standards Adminis- AM-461 ------Aug. 20, 1971 tration, Wage and Hour Division, Divi- AM-3555, AM-3556 (AM-1l,- for the payment of wages which are de- 386), AM-3557 (AM-11,387) pendent upon determinations by the sion of Wage Determinations,,Washinj- AM-3558 (AM-11,388), AM- Secretary of Labor under the Davis- ton, D.C. 20210. The cause for not 3559 (AM-11,389). AM-3560 Bacon Act; and pursuant to the provi- utilizing the rule-madng procedures (AM-11,390), A.1-3561 (AM- sions of Part 1 of Subtitle A of Title 29 prescribed in 5 U.S.C. sec. 553 is set forth 11,391), AM-3562 (AM-1l.- of Code of Federal Regulations, Proce- in the document being modified. 392), AM-3563 (AM-11,393), dure for Predetermination of Wage The modification and/or supercedeas AM-3564 (AM-11394), AM- Rates, and of Secretary of Labor's Orders decisions to the area wage determina- 3565 (AM-11,395), AM-3566 tion decisions listed above are set forth (AM-11,396), AM-3567 (AM- 13-71 and 15-71 (36 F.R. 8755, 8756). The 11,397), AM-3568 (AM-11,- prevailing rates and fringe benefits below. 398), AM-3569 (AM-11,399). determined in the foregoing area wage Signed at Washington, D.C., this 28th AM-3570 (AM-11,400), AM- determination decisions, as hereby modi- day of January 1972. 3571 (AM-11,401), AM-572 fled, and/or superseded shall, In accord- (AM-11,402) ------Aug. 25, 1971 HonAcE E. ME-Asco, AM-7489 ------Nov. 12, 1971 ance with the provisions of the foregoing Adminfstrator,Employment AM-7714, AM.-7715, AM-7717__ Nov. 19, 1071 statutes, constitute the minimum vwages StandardsAdministration.

FEDERAL REGISTER, VOL 37 NO. 24-RIDAY, FEBRUARY 4, 1972 NOTICES

1ODseCATIONS

Baslc Fringe benefits 1,aym nsi Classification hourly rates H & w Penslons Vocatlon App. Tr lthwi

WD No. AM-63-$S P.R. 16370, Broward County, Ea., MolificationNo. 2 CHANGE: Fla.-Dredging 1: Dredges 20" and over. Loverm an ------.------...... - $5.13 $0.25 $0.15 a Engineer- ...... 6----.------.13 .25 .15 a. S2ilbarge and spider bargo ------4.77 .25 .15 a ...... M at ------4.61 .25 .16 a ...... Welder ------4.69 .25 .15 a ...... Derrick operator------4.901 .25 .15 a.- _1_ Tuogmato ------4.20 .25 .15 a...... Carpenter------4.87 .25 .15 a ...... Electricians ------56.00 .25 .15 a...... Machinists------4.82 .25 .15 a41 1...... Oiler ------3.01 .25 AS5 a---- Fireman ------aus6 . 20 .16 a ------Deckhand------3.20 .25 .15 -a ------Tug deck-band------3.29 .25 .15a Showeman------a321 .25 .16 ...... Second cook ------as.2 .25 .15 Mecsxnan ------3.21 .2Z AS1a Dredges 10" up to but not including 20": Loverman------4.05 .25 .15...... First engineer ------4.37 .25 .15 ...... Second engineer ------4.25 .25 .15 at... Third engineer ------4.12 .25 .16 a W~elder------4.40 .25 .15 at_ ----- Mate ------3.84 .2Z .15 at.--...... Oiler----_------3.65 .25 .15 a Fireman .... _------3.55 .251 .15 a...... Deckand .------...... ------3.20 .25 .15 a ...... Launcinan ------aas .25 .15 a...... Shoreman .....------3.21 .25 .15 a...... Spibarg -nd-spier-barg------a 9.7 .25 .15 El...... Cookh_ and spider...... ------as- -- 3.55 .25 .15 a...... fesa. 3.27 .2 .15 n .------...... Mlessman and Janitor ------3.18 .25 .15 a_ _------Dredges under 10": Lov&man------25------...... _....------First assistant engineer ------_------...... ------1.25------. I ...... Second assistant engineer------1.80...... __------Deckhand-gineer ------1.00...... Welder ------7.------2.32...... - Laborer ------.------.------1 .00 -...... Launchiman, boatman.------1.0---- ...... --- Dipper and clamashell dredges: Operator.. ------5.00 .25 .15 a...... Craneman ------4.87 .25 .15 at...... First engineer ------4.20 .25 .15 a...... _ Second engineer ------4.00 .25 *.15 a ...... Third engineer ------a&84 .25 .15 a...... --- Welder ------4.40 .25' .15 a...... - Mate . ------4.16 .25 .16r a ...... - Fireman ------3. 00 .25 .15 a ...... Deckhand------3.20 .25 .15 a...... Launchman..------a3.6 .25 .15 a .. ~...... Scowsian------3.37 .25 .1; a...... Cook.------3.6 ."25 .16 a...... Mess cook ------a3.2 .25 .15 a...... Mesman and Janitor ------3.18 .25 .15 ...... A. 6% of straight timo rato, and (0) six pid holildays. A to F. Paid holidays: (Where appile) A-Ne17 Year' Day; B-Memorial Day; C-ndependeneo Day; D-Labor Day; E-Thanksglving Day; F-Christmas Day.

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 2705

Mdoiiitxc; s--Con tlnu el -

13=!a Frin-, kc:03 pm~nt3 Classification huurlyArnti3 H[ & WV 3Pcndrr Vznilan App. tr. Oth-.r

WD C Nb.AM-;3-SO F.R. 16,78, Dade Countp, Plo., .No. CHANGE: .cdficntton Fla-Dredging 1: Dredges 20" and-over. Leve ...... e man .13 .23 Enineer...... 513 .23 Spill ------iean g andprdbage...... 4.77 .23 M ate ..... 4.61 .2.- . . .. a ------Wader ...... 4.0 .23 a Derrick o perttor_-...... /1 __._ 4.20 - Tug mate ------..-..- ..-.-.-.-.-.------ate...... C arpenter . ---.-.-----.-.-- ..... 4.874.M .23 Ma .21% Ma c h i n is------s .------..... 4.62 .2. FireOilr------e an ------.------r------3. FA .21 a/1 ------3.iI .23 at D eckhand ...... e ...... 3.20 .2, a1 -Tug deckhand e------k h an------...... 3.29 .25 Shoremahe...... 3.21 .2.5 a/ - 1--- - - Second cook ook------...... 3.23 .23 Me s si------.--- 3.21 .23 Dredges 16" up to but not Including 20": a 1- -- Lever------4.01 .23 a 4.37 .43 a1 Third engineer ------...... - ..... 4.2 .23 a Welder en------neer-...... ------4.12 .23 a1 Tird engineer------..... 4. .23 a1 _o . . ... o Oler ------. 3.81 .43 a1 OF i a ------. .. - --. . -..-- .-.--. ..-- .--. .-.-.-.-.-...... US2 .25 M52 .25 a1 DMtcman eckhand ------...... 3.29 .23 a1 3.XI .23 a1 SpilelShoremFiemano._;...... -bar an ------. and spder barge------.-.-.------.-.. - .------....--. 3.21 .23 a1 DlecanandL ck an------jntr ...... a1 .o 3.233.57 .2.23 ------meCo0 ------3.27 .25 Messmnan and Janitor ------. . ..------3.18 .23 Dredges under 16": T--rmnn

Welder ------...... Laborer ------...... ------Iaunchmau, boatman ------.-...... ------Dipper and clamshell dredges: Operator ------. 5.00 23 15 Cranemuan..------I------4.b7 .25 .15 First engineer ------.... 4.20 . .15 Second engineer ------... 4.0'i .. .15 Third engineer ------.... 3.4 .23 .15 a Welder ...... a1 ...... Mate------. -- 4.1 . .15 Fireman ------.. . . 3.203.30 .23.25 .15 Deckhand ------....------...... a Launchman ------.------.-.-.----.-.....---.. - .... 3.1 .23 .15 Scowman------3.37 .23 .15 3.1 .Z .15 Coolk------3.27 .. .15 Mess cook ------..------3.18 .i .15 - ~ esnin and janitor------...... A. 5% of straight time rate and six (0) paid holidays. A to F. Paid holidays: (Where appbicable) A-New Year's Day; B-Memortal Day; C-udcpcdcnco Day. D-Labor Day;, -- Thanks-givng Day; F-Christmas Day;

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES

MoDwveoCAMca-Continncd

Basic Fringe beneflt payments Classification hourly rates H & W Pensions VacitIon App, tr. Other

WD No. AM-44-30 P.R. 16377, Dural County, Fla., Alodification No. 4 CIANGE: Fa-Dredging 1: Dredges 20" and over: Lrvermr ------m 5.13 .25 .15 a ...... E ngineenr------5.13 .25 .15 a ...... Spill barge and spider barge ------4.77 .25 .15 a ...... Mate------4.51 .25 .15 a...... Welder------4.59 .25 .15 a .... Derrick operator ------4.00 .25 .15 a ...... Tug mate ------..------4.20 .25 .15 a ...... Carpenter------4.87 .25 .15 a ...... Electricians ------5.0OD .25 .15a Machinists ------4.82 .25 .15a Oiler ------3.01 .25Z .15a. ... Fireman------3.01 .25 .15 a...... Deckhiand ------3.29 .25 .15 a...... Tug deckhand ------... ------3.29 .25 .15 a...... Shoreman ------3.21 25 .15 a...... Second cook------3.29 :25 .15 a...... Mfessman------3.21 .25 .15 a...... Dredges 10"1up to but not Including 20": Loverman------_ ------4.05 .25 .15 ..... First engineer ------4.37 .25 .15 at. Second engineer------_---... ------4.25 .2o .15 a .-- _ Third engineer------4.12 .25 .15 It. Welder ------4.40 .25 .13 a...... Mlats .. ------_------3.84 .25 .15 as .... Oiler ------__ ----- 3.55 .25 .15 a .------Fireman------3.55 .25 .15 at - --- Deckhand------3.29 .25 .15 at ----- Launelunan------__ ------3.01 .25 .15a - -- - Shoreman------3.21 .25 .15 Spill barge and spider barge ------_------3.97 . 2Z .16 Cook ------_------3.5 .25 .15 a...... Macsts ok ....------4.23.27...... 25 .15 a ----- iessman and Janitor...... ------_----...... 3.18 .25 .15 a ------Dredges under 10'. Loverman ------_------2.25 .... ------First assistant engineer ------_ ------1.85------... - ..- .------Second assistant engineer ------1.80 ------Deckhand------.------. 1.0------...... ----.--- Welder ------...... 232------...... Laborer ------1.60------Laneman, boatman------1.00------...... ------Dipper and clamshell dredges: Operator ------56.00 .25 .15 ...... ranemani. ..------.-----...--- . . ------4..8....7 .25 .15 a ------First Engineer ------...... ------4.20 .25 .15 a Second Engineer.------...------.------.------4.0 .25 .15 a ...... Third Encineer ------3.84 .25 .15 a. .... Spelder ------4.46 .25 .15 a ...... Mae------_------4.15 .25; .i0 a --- -- Fireman------3.60 .25 .15 a...... lDeekland------__------3.29 .25 .15 a Launebiman ...------3.01 .25 .15 a -- SConan...... ------.------3.37 .25 .15 a. . sCook------...... --.------3.55 .25 .15 a ...... Mless cook------3.27 .25 .15 a - Mfessinan & janitor ------3.18 .25 .15 ita ... . . A. 5% of straight time rate, and (6) six paid holidays. A to F. Paid holidays: (Where applicable) A-New Year's Day; B-Memorial Day; C-Independenc- Day; fl-Labor Day; E-Thanksgiving Day; F-Chrstmas Day. WI) NVo. 13M-1556-SO P.R. 1081, IHillsborough County, Pin., Modification No. 5 CHANGE: Fla-Dredging 1: Dredges 20" and over: Leverman ------...... -...... -...... -...... 5.13 .?5 .15 a...... Engineer ------5.13 .25 .15 a Spill barge and spiderbarg ...... ------... ------4.77 .25 .15 a...... M ao ----- _---...... 4,51 .25 .15 a...... Welder------...... 4.69 .25 .15 a...... Derrick operator--.-. -----.. . .------. 4.tOO. 90 .25 .15 a...... Tug mate - . . ..------4.20 .25 .15 a...... Carpenter ------4.87 .25 .15 a...... Eleetriclars ------_------5. 00 .25 .15 a...... Machinists ----. ..------4.82 .25 .15 a...... Oiler. ------3,61 .25 .15 Fireman ------_...... 3.61 .25 .15 a------Deckhand------.------3.29 .25 .15 a...... Tug deckhand ------3.29 .25 .15 a...... Shorema .------.------3,21 .25 .15 a...... Second cook ------3.29 .25 .15 a Messinan ------3.21 .25 .15 a. Dredges 16' up to but not including 20": Leverman ------.------.------4. 65 .25 .15 a. First engineer ------4.37 .25 .15 a...... Second engineer ...... ------4.25 .25 .15 a...... Third engineer ------I.------4.12 .25 .15 a...... Welder ...... ------4.46 .25 .15 a...... Mate ------3.81 .25 .15 a Oiler ...... ------3.55 .25 .15 a...... Fireman ------3.55 .25 .15 a...... l)eckhand ------3.29 .25 .15 a...... Launebman ------3.01 .25 .15 a Shoreman ------3.21 .25 .15 a...... Spill barge and spider barge ------3.97 .25 .15 a...... Cook -- _------.------3.65 .25 .15 a...... Mess cook ------3.27 .25 .1S a...... Messman and janitor ------. . ..------3.18 .2z .15 a......

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 2707

MODIFICATION8-COntlMUed

Classification hourly ratni H &W Pm-!ia Vacation App. tr. oti'r CHANGE-Continued Fia-Dredging 1-Continued Dredges unaerLe n-e 16"1: ------"...... First assistant engineer ...... -- W elder ...... a 2 ...... Lanchman boatman ------z...... L o...... ------_ - " ------Dipper and clamshell dredges: "Operatr...... _ ...... 0 1 an ------Craneman ...... 4.87 Z .15 a --...------First engineer...... 4.M .. .15 a...... ---- Second engineer...... 4..25 .15 Third engineer...... 3 t .5 .25 Weld er ...... 4.406 2 .15 a...... ---'a.....---...... _ ...... 15 FirMate ...... 4.15 .Z ,1i ------. Deckhand_...... a=o .715 ------_ a...... --- Launehman ...... a G1 .23 .15 a...... --_ Scowm.an ...... 3.07 .25 .1 a...... --- Cook ...... 5 .2 .15 ...... Mess cook ...... -...... 3.1.7 .25 .15 a...... ___ essman and janitor...... 3.18 .25 .15 a ...... A. 5% of straight time rate, and (6) six paid holidays. A to F. Paid Holidays: (Where applicable) A-New Year's Day;, B-Memoral Day; C-Independmee Day; D-Labor Day; E--Thanksgiving Day; F-Chrlstmas Day. NWD Mo. .3-457--S F.R. 163 , M nroeCounfy, Fla., .lfAfieello Vo. I CHANGE: Fla-Dredging 1: Dredges 2" and over- Leverman ------...... 5.13 .Z5 .15 a...... Engineer ...... 5.13 .25 .15 a .------Spill barge and spider barge ...... 4.77 .25 .25 ------.-.-.--.---- M ate ------...... 4.51 .25 .15 Welder ...... 4. C3 .25 .25 a .-- --- . .------a .------. Derrick operator ...... 4.0 .25 .15 a .------. Tug mate...... 4.21 .2.5 .25 a...... --- Carpenter ...... 4.87 .25 .15 Electricians...... 5.03 . .25 a...... -- ...------Machinists - - - ...... 4.1 .25 .15 Oiler ...... 3.61 .Z .15 Firem an ------...... 3.61 .25 .15 Dekhand ...... &Z...3 .25 .15 .... . ------Tug deckhand ...... 3.59 .25 .15 a...... --...... Shoreman -..------...... 3.21 . .15 Second cook ...... 3.129 .25 .15 Messma_ ...... - . . 3.21 .25 .25 a...... _ Dredges 16" up to but not including 20": Leverman ...... 4..5 .- .5 a...... -- First engineer-: ------...... 4.37 .25 .15 -_------_---- Second engineer ...... 4.2Z .25 .25 ------Third engineer ...... 4.12 .25 .15 a...... -- Welder ...... 4.4 G .25 .25 a...... -- Mate...... 3.81 .25 .15 a...... - Oiler ...... :t ...... 3.15 .25 .25 a...... -- Fireman ...... 3.5 .25 .25 a...... Deckhand ...-...... -- --- ...... 25 .15 Lanchman...... 613.2 .25 .25 Shoreman ...... 3.it .25 .15 Sil barge and spider barge ...... 3.9" .25 .15 a...... Cook ...... 3.1t5 .25 .25 a...... ------. Mess cook- ...... 5 n...... Measman and janitor ...... 25 .15 Dredges under 16": sisveran... en er_.."...... "-...... -- ...... Fist assistant engineer ...... ISecond assistant e ngin eer...... -.----.. . .-...... WelderDeckhand ...... 2LCO -...... - ...... Laborer ...... - LCO...... Launchman, boatman -- *-----...... -- Dlp and cmshelldredges:

4.87 .25 .15 ------4.0 .25 .15 4.03 .25 .15 3.84 .25 .25 ------.- 4.4G .25 .15 a...... -.------4.15 .25 .15 3.0 .25 .5 a . ------3.29 .25 .15 3.61 .25 .25 a...... - .15 3.37 .5 .------3.r5 .25 .15 3..27 .25 .15 M-essman and janitor ...... 3.13 .25 .15 A- 6% of shaight time rate. and six (6) pa1d holida s. A to F. Paid holidays: (Where applicable) A-New Year's Day; B-Memorial Day; C-ndcrKnticne0 Day; D-Labor Day; E-Thanksgiving Day; F-Christmas Day.

FEDERAL REGISTER, VOL 37, NO. 24--FRIDAY, FEBRUARY 4, 1972 2708 NOTICES

MODIFICATIONS---Cont nued Bawlo Fringe benefito pavi"Iit Classification hourly rates H & W Pensions Vacatlon App. tr Othi

IVD No. AM- 60-3a8 F.R. 16397, Palm Beach County, Fla., Modification No. 2 CHANGE: Fla-Dredging 1: Dredges 20" and over: Leverman ------5.13 .25 .15 a ...... Engineer------5.13 .25 .16 is...... SSpill barge and spider barge ------.-.-----...... ------4.77 .25 .15 a...... Slate ------4.51 .25 .15 a .... Welder ------4.69 .25 .15 '1 ...... Derrick operator ------4.0 .25 .15 t...... Tug mate ------4.20 .25 .15 a ...... Carpenter.------4.87 .25 .15 a...... Electricians ------5.00 .25 .15 U------Machinists ------4.2 .25 .15 a ...... Oiler ------3.01 .25 .15 a -- . Fireman------3.61 .25 .15 a...... ---- Deckhand------3.20 .25 .15 a...... Tug deckhand------3.20_ .25 .15 a-- Shoreman ------3.21 .25 . 15 a...... Second cook.------3.29 .25 .15 a...... Mlesman ------3.21 .25 .15 ------. - Dredges 16" up to but not Including 20": Leveran------4. 65 .25 .15 a...... - First engineer ------'1.37 .25 .15 a... Second enginer::: ------4.25, .25, 15 a - Third engineer ------4.12 .25 .15 it - -. . .--- Welder------4.40 .25 .15 al.. -.1---- Mate..------3.841 .25 .15 a...... ---- -Oiler------3536 .21a------2 .6I . Fireman ------3.553.-1 .------.25 .15 al .... Deckhand ------.------Lovrnn ...... 3.29.85....5.25 .25 .1...... 15 ...... t ...... Launchman ------ac.t .25, 15 a% ...... Shoreman------3.21 .25 .15 a...... Spill barge and spider barge...... ------3.97 .25 .15 ...... CookL------3.65s .25 .15 a .------Mlessaook ------3.27 .25 .15 a...1 --- -_ Messman and Janitor -.------3.18 .2 .15 a------Dredges under 10': Leveesnan ------2.25 ------.... _------First assistant engineer------1.60------... Second assistant...... engineer . 1.7 .1...... Deckhand-en------1.60...... Welder -.------2.32...... Laborer------1.60 ...... Launchman, boatman...... ------1.60...... - ...... _ Dipper and clamshell dredges: Operator------5.00 .5 .15 a ...... Craneman ------4.87 .25 .15 a...... First enigineer ------4.20 .25 .15a...... Second engineer------4.09) .25 .15 a -...... Third engineer -- _------3.4M .25 .15 a...... Welder------4.46 .25 .15 a ...... Mlate------4.15 .25 .15 a - --- Fireman------36.GZ515a...... 2.1a------Deckhand ------3.29 .25 .15 a- ...... Launehman ------3.61 .25 .15 a Sconian ------3.37 .25 .15 a--.... ------Cook_. ------at.s& .25 .15 a...... -_ _I Mecs3 cook------3.27 .25 .15 at...... _ let.man and Janitor ------3.13 .25 .15 a --.------A. 5% of straight time rate, and (0) six p id holidays. A in F. Paid holidays: (Where applicable) A-Nvi Year's Day; B-Memorial Day; 0-udependence Day; D-Laber Day; E-Thanesgivlag Day;, F-Chrstmsi Day. WD Nbe.AH-161t r0 .R. 10401, Pinelas County, Fla., Modification No. 3 CHANGE: Fla-Dredging 1: Dredges 20" and over. Levereran ------5.13 .25 .15 E ngineer ------5. 13 .25 .15 a ...... ------Spill barge and spider barge ...... 4.77 .25 .15 o...... a to ...... 4.531 .25 .15 W eld rr...... e...... der...... 4.69 .25 .15 D errick operator.------r------...... 4.90 .25 .15 a...... T ug m ate ------4.20 .25 .15 Carpenter ------4.87 .25 .16 a...... Electriciansl e c-r i c i . a n s 5. 00 .25 .15 Machinists ------.------4. 82 .25 .15 Oiler ------3.61 .25 .15 Fireman ...... ------3.61 .25 .15 Deckhand ------3.21 .25 .15 Tug deckhand ------.------3.29 .2 .15 a------Slioreman------3.21 .25 .15 a ...... Second cookic ------.------3.'2 .25 .15 Messman ------3.21 .25 .15 a------Dredges 16" up to but not Including 20": Loverman ------4.65S .25 .15 First engineer ------4.3 .25 .15 Second engineer ------4.25 .25 .15 Third engineer ------4.12 .25 .15 Welder ------4.46 .25 .15 Slate ------3.8 .25 .j5 a ------Oiler:-:-:...... ------3.55 .25 .15 Fireman ------3.55 .25 .15 a...... Deckhand ------3.29 .25 .15 Lauchman ------3.61 .25 .15 Shoreman ------3.21 .25 .15 Spill barge and spider barge...... ------3.97 .25 .15 Cook ------.------3.55 .25 .15 Mess cook ------3.27 .25 .15 a ...... Mtessman and Janitor ------3.18 .25 .1

FEDERAL REGISTER, VOL 37, NO. 24--FRIDAY, FEBRUARY 4, 1972 NOTICES 2709

MODiVICATWN -Continuc1

Clessfication ,.curly miaW H & W 11re-1cro Vamailcr AP. tr. Ott r eHANGE-Continued lla-Dredging 1-Continued Dredges uner 16": Levermagn ------...... First assistant engineer ...... i n ee...... 1 ...... -.... ------Second assistant engineer ...... 1.0 ...... D eekhand ...... -.--...... I--...- ..- I------W elder e l der...... 1___1------L rr------r------r---- .... 1.63...... Launchm n, boatman ------Dipper and clamshell dredges: .15c------Operator ------.------...------4.R 7 25 .15 a ...... Cranem an. ------...... 4.7 .2- .15 a-...... - First engineer g i ne...... r...... 4.2" .iJ .15 a...... Second engineer ...... - ...... Third engineer ...... 440I3.St ,.5 45.J5 an ...... ------_---- Welder ------4 46 Z .151...... Mate ...... 4.15 .15 .15 ...... Fireman ...... 3.0 .25 .15 n...... Deckhand ------3.Z .2 .15 a --...... Launchman ..------...... -- 3.61 .25 .15 a ...... Scowman ------...... 3.7 .25 .15 a ...... CO00 -_ ------...... --...... • . . . . 3;.2 o" .15 a ...... MAscook ess cook ...... ------. Messman and janitor ------...... 3.1s .25 .15 _...... A. 5% of straight time rate and six (G)paid holidays. A to F. Paid holldays (Where applicable) A-New Year's Day; B-Memorial Da ; C- ndcpendeIce Iar. D-Labor Day;, E-Thanksgiving Day; F-Christmas Day. Change:change: W No. AM-SSO-30 P.R. 151.55, Cook Counity, 111.. .1obfication X0. 5 Tile setters...... ------...... 7.75 .lr; =, ...... Tile setters helpers . --- - ...... - -...... 7.S0 .3 .- ...... WD No. AM-SI-S .R. 15161, DaPage County. Ill..."ficoltZoa No. a Change: Tile setters. ------...... 7.75 . .525...... Tile setters' helpers ...... o . Z ...... WDXo../lA-S33--& F.R. 15170, Lake County, IlL., .loIfiatton No.8 change: Tile setters.------7.75 V14 .3z .....------Tile setters' 0.0FO 3 ------

Chaae: WD Ao. A_-S2-- 6 F.R. 15160, Kane Cunty, 1M.,.11 citcaltoa No. 0 T ile sette-rs.--...... ----...... 7.75 .2 .2------. ..------Tile setters' helpers ------...... C48So 2 .2...... ---- WD)No.. -341-6 F.R. 15213, 5'iU County, l., .lf. Wc¢aflonf Xo. 6 ChangI Tile sette. ' helper- ...... ------.--...... Change:- , WI Ao. A2-1343-6 F.R. 15218, B'innebogo Cunty, 111.,.3"IfieA2110 No. 0 .rAsmwrxgnrus ...... 3 .20 .25 ...... 0..S----...... CH.ANGE:CAG:WD.No. A--54-56 P.R, 15M9,.Deortorn County, Ind., Mlf-tieotbn No. 3 Building construction: Brick ayer and stonemasons ...... 6.CS Carpenters and soft floor layers (building) ...... C 575 .23 .25_.5 ...... ------...... (2...... 1 ...... Millwrights (building) ...... 6. "25 .25 .- ~------.02.------.- Piledrivermen (building) ------...... 6.825 .25 .25------.('2------. Plasterers ------...... 25------.01..... Indiana Area I-B: 6.25 .215 Line construction: 02... -C - - _ Linemen .------...... - ...... 6.77 .15 ...... Cable s-pliers ------...... 6.77 .15 .2Z-% ...... Heavy equipment operator A- ...... ------...... 147 .15 Heavy equipment operator B ...... &,.3 .15 1C, ...... Powdern-na...... ------_ ------...... --- .21 .15 Equipment mechanic ------5.21 .15 1%...... 25...... Senior groundman truck driver with winch------.. 4.47 .15 1%...... Groundman truck driver with winch ...... 4.213 .15 1%...... Gronndman truck driver without winch ...... 377- .15 Senior groundman after 5 years ------4.Z0 .15 1%...... Senior groundman after 12 months ------...... 4.17 .15 Groundman 0-12 months..------.. . 3. 5 .15 WD No. A2.1-=S-3 ".. 15297, Ddaware County, Itd., IltficcItton No. 6 CHANqGE: Building constr ctlon: _ 62 ------Asbestos workers.- floor laers.....------...... I.... rk to .40 10.0 ...... Carpenters and soft ...... - 7.00 .4 ...... --- . . --- Allwrlgnts ------...... o...... 7.0 .25 ------Piledrivermen- -...... ------. .25------.0 -...... Electricians ------...-----. 7. (z .10 17 ------.1% ...... Ironworkers: (Northeastern one-third of county) Structural, ornamental, and rlnfrcin-...... 8.25 .40 10. es ------Sheet metal workers ...... 7.18 .40 .40...... Indiana Area I-E: . .,3...... Line construction: Linemen ------...... ------.------0.77 .15 - --. 2 Cable splicers------...... 6.7 .5 ...... Heavy equioment operator A ...... 0.47 .15 1,-- . Heavy equipment operator B .------...... 25%~ ...... Powder.an--...... ------&21 .15 Il, . Equipment mechanic ...... ------I ------Senior groundman truck driver with win ch------4.47 .15 W .25% -- ::--- Groundman truck driver with wineh.).. ------4.0 .15 1- Groundman truck driver without winch ------3.7 .15 1% Senior gromudman after 5 years - ...... ------...... 4.207 .15 1% ...... -2%------Senior groundman after 12 months .... ------4.17 .15 1% .2L',7,..- Groundman 0-12 months ...... 3.25Z .15 i~- - .

FEDERAL REGISTER, VOL.37, NO. 24--RIDAY, FEBRUARY 4, 1972 No. 24-Pt. 1-10 2710 NOTICES

MODWIsCATIOr--Contlnued

Basic Fringe bsneflti pa sentm Clasification hourly rates H & W Pomrlon Vacation Aipd h. WPh dUC~tE: WD No. AM-356-S F.R. 16503, Grant County, Ind., Modification No. 4 Carpenters and soft floor layeyss...... -...... 6.93 .25 0.25 ...... rlllhtghts 7.23 .25 .25 ...... £105.. . Piledriverm en ------" ";-- ; -. ------7.18 .25 Z35...... 15 Ironw orkers (all) ------8.25 .40 .65 ...... Painter: .05 _ Brtmh and high work, 0-30 It ...... 5.70 .22 .15 ---- l1ighwork, 31-60 ft...... 6.10 .22 .15 ....- -..-.. tIlghwork, 61-100 It ...... 6.5 .22 .15 ...... P05 ... i1ghwork, over 109 ft...... 6.70 .22 .15...... 105.. . Spray and sandblasting ...... 6.70 .22 .15 ...... ,05 , - R oller ...... 5.70 .22 .15 ...... lID No. AM.-70-%6 P.R. 15336, Bartholomew, Brown Clark, Dearborn, Decatur. Flo'd, Franklin, Hlarrlion, .faetson, Jeferson, Jenniags,Lawrence, Martin, Monroe, Ohio, Orange, Ripley, cott, Switzer- :erland, and Vashington Counties, Ind.,Modification Ao. 2 CIIANGE: Cement nson-: Bartholomew and Brown Counties ...... 6.70 ...... Clark, Floyd, and H arrison Counties ...... 7.3 ...... ------. Ironworlers: Northwest one sixth of Lawrence County and the northern portion of lartin County, ex- eluding the city of Sho t ------.-.------...... 8.20 .40 .5 ...... Dearborn, Franklin, Ohio, Ripley, and Switzerland Counties and the eastern one half of Dcc stur County: Structural and ornamental...... 7.35 .40 .r5 ...... 015.. Reinforcing ..---_-----._----_------.------._...... ---...... 7.835 .40 .05 ...... -. . 0 .... Power equipment operators: Remainder of Counties: Group 1...... --.-...... 6.Go .25 .20 ...... Group IL.------II ...... 6.25 .25 .20 .-...... Group 111...... 5190 .25 .20 ...... 401...... Group IV ...... 5.25 .25 .20 ...... P.R. 15777, Allegan County, Mfch., Modification No. 6 CHAkNGE: WD No. AM-573 -6 Building and heavy construction: Cement masons ...... 6.00 .32 .18 ...... - .02...... VDNlo. AM-77--SS P.R. 15795,C7arleroz County, Mich., Modification No. 5 CHANGE: Building and heavy construction: Sheet metal workers ...... 7.02 .35 .23 $0.69 .10 ...... WD No. AM-W-O F.R. 15255, M21eusgon and Ouana Counties, Mich., Modificatfon No. 5 CHANGE: Building and heavy construction: Cement masons ...... 0.63 .32 .18 ...... 1WD No. AM-S,655-50 F.R. 1077.3,Bxar County, Tex., Modification No. 5 CHANGE: Building construction: Cement masons: Cement masons ...... 6.40 ...... Machine operators ------6.65 ...... t ...... WFDVo. AM-7,4 0-36 F.R. 21737, Harris County, Tex.,Modification No. 5 CHANGE: Building construction: Carpenters: Carpenters ...... 6.35 .40 .22 ...... 05...... Lathers ------6.75 .20 .15 ...... 02 ...... Power Equipment Operators: Asphalt plant mixer operator; back filler; blade grader (self-propelled); building elevator (used on construction); bull clam; bulldozer and all types cat traetors cable way; clam shells, draglines, backhoe; concrete batch plant operator, concrete mixer (14 cu. It. or more); crane-power operated (all types); crusher operator; derrick-power operated (all types); DW-10 caterpillar, S-18 euclid and similar tractors; elevating grader (self-pro- peled); forklift used on construction (not including warehousing); foundation boring machine; gasoline or diesel-driven welding machines (7 or more); gradall; heavy duty mechanic; hlgh-ilift; hoist (motor driven, 2 drums or more); locomotive crane; mix mobile; paving mixer (all types); pile driver; pneumatie rollers (self-propelled); pumpereto machine operator; posh cat operator; scoopmobiles; scrapers (heavy type, over 3 en. yds.); shovel (rower operated); trenching machine (all sies); tugboat operator (assigned to construction); turnapulls; water well drilling machines (used on construction); well point pump; vinch truck. All other equipment of similar nature coming under the heavy equipment class, when power-operated ...... 6.35 .20 .3.) ...... 01 ...... Air compressors; blade grader (towed); concrete mixer (less than 14 cu. ft.); convoyor; flex plant, form grader; gasoline- or diesel-driven welding machines (on 3 or more, up to 6 machines); generator (gsasoline or diesel driven, over 1,500 watts); hoist (single drum); pusometer; pumps; rubber-tired farm tractor with attachments; scraper (3 cu. yds. or ess);truck crane driver; wagon drilloperator, a light equipment operator may run one or two 10-c.f.m. compressors. All other equipment of similar nature coming under the light equipment class, when power-operated ...... 5.77 .20 .30 _ ... . .01 ...... Fireman ------.------5.37 .20 .39 ...... 01...... Oiler ------5.26 .P .39 ...... 01......

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 2711

-!oDriTZ ONS-Cotln ued

ClassB a_-ti3 I'rlcps terailt payments Classiftfation heurly ratcs 3 & W Pcnz.crs V=Utln App. tr. Othor

CHANGE: - WD Xo. AM-7,714-S6 F.R. 2119, Tarls Count, Tex., o1oificalto Alo. 2 Building construction: Power equipment operators: Backflles, backhoce; blade grader--slf-propelled; bull clam; bulldozer and all typ-s o cattractors; ableway; dashell operto-. crano-power opatcd l tyre: dcrtoCk- power operated, all types; dragine: elevating gr,er--.ff-r.rope; Eue opzrt, foundation boring machine; gradall; heavy duty mechanic; high lit3 and loader, over M cu. yd. capacity; hoist-motor driven two drums or more: loziomotive: mixer, 14 cu fL or over;, mixmoble; paving mixer-nil typc, pumpereto ma-chi ac; rush cat opator rock crusher operated on job; scoopmobile; scraper; shovel-pawcr operated; trenching machine--al types;two 125 eu. t. compressors; welding maclhies-- to 12;winch truck well points, including installations ------.375 Air compressor, anytime there are two or more attachments op:rating on a 125 cu. fL air compressor, or less a lightequipment operator shall be empyedo any coamprezr over 5 cu. ft shall have a light equipment operator, blade gradr-towcd; flexplane; frk lift, 1,500-lbs. capacity or less; holst, singlo drum; pump 2!/ lches or laror; pneumatl roller;,mixer-less than 14 cu. t.; pulsometcr; truck crane driver and cilr combination man; form grader, gasoline or diesel driven welding machine, 3 to 6;Ithl.Ults and loader , M cu.yd. or less------.------...... Oiler ------...... -WD) Ao.A.U-7, 715--SO P.R. 22121, Galpeetona urly, Tr., 31cl iflrio Mla.3 CHANGE: Building construction: Carpenters: Carpenter& ...... LeES5 .40 Cdmentmasons ------...... ------.------.-- 0eO .o54 . . ._ Plaeres ------..------...... --...... -- (%ZZ .27 Plumbers and pipefitter ------.------7.075 .2 Power equipment operators Asphalt plant mixer operator. back fillerblade grader (self-rropdled); buldhing elcvator (used on construction); Bull clam and all types cat tractors,cabis way, clam shells%drg.- lines, backhoe; concrete batch plant opcrator; concrete mixer (14 cu. it. or mere); cranc- power operated (all types); DW-10 caterpillar, S-18 Euclid and similar tructorelcvating grader (self-propelled); fork liftused on construction (not Including warchouasing); funda- lion boring machunar gasoline or diesel driven welding m2cItnes (7 or mere): gradall; heavy duty mechanic; high-lift; hoist (motor driven., 2 drum or more); Iconotivo crane; mix mobile; paving mixer (all types); pile driver; pneumatic rdler- (self-proplled): pamperete machine operator; push cat operator; seoopmobIl:L scraper (heavy type, over 3 eu. yds.); shovel (power operated); trenchIng mrachine (all slzc); tug boat oplert r (assigned to construction); turnapull; water well drilling nedhine (trt.d on construe- lion); well point pump; winch truck. All othcr equipment of drmilar naturz coming under the heavy equipment clas, when power operated ------...... Air compressors; blade grader (towed); concrete mixer (ess than 14 cu. ft.); conveyor, llcI plant; form grader; gasoline or diesel driven welding machlne (on 3 or more, up to I machines); generator (gasoline or diesel driven, over 1,500 watts); liot (single drum); pulsometer; pumps; rubber tired farm tracter with attachments; crnpr.3 cu. yds. or t.'U .119 .33 __....Z.. 01. less); truck crane driver wagon drill operator, allght equlpmcnt operator may run one or two 105-elan, compressors. All other equipment of =lar nature comlng under th lIjht equipment class, vhen power operated- ...... 'Fireman ...... 5. 57 0i~ W ...... C1 __ Oiler ------.-.------...... ------. WD Ro. AM-7, 717--5 P.R. 2.2124, Jeffirson and Orange Co z., Ter., Mf i.,":l,No.2 OMIT: Bricklayers; stonemasons ...... C 025 .275 .20 ------.------ADD: Bricklayers; stonemasons: Southern part ofleffemon County including the clties of Port Arthur, Sabine, rort Neices, and Nederland ------. ....-- ...... - ...------0.C 5 .175 .2C4 Remainder of Jefferson County and all of Orange County ------7.i.5 .175 SUrE IrIrs Dcs:o!;8 State: Texas; County Bexar Decision No. AM-11,3G8; Date of dfclson: Feb. 4,1972. Supersedes Decision No. AM-3,56, dated Aug. 25, 1971, In 3i P.I. 16M70. Description of work- Heavy construction. 16-Texas-3.

B=!3 FrL;ao tcnca3lpymcnt3 Classification heurly r!cs n & W Pcr.!.._ Vc.ztlan App. Tr. Other

Aior tool m an ...... :! ...... -----.... SI.FZ ......

6 i ho 6libr(pavn Concrete finisher helper Concrete finisher (struett Concrete finisher helper ( Concrete rubber ...... Electrician ...... Form builder (structures Form builder helper (stre Form setter (paving and. .00 ...... Form setter (structures)_ Form setter helper (strut LaLaborer, bore,- utilitcommon..- man.-- O ......

3.,02.30...... -. 3.002.75...... Oiler ----- ...... Painter (s 2.Z ------Painter in "4.2...... ------Pipelayer. Pipelayer Powder= 2.75 ...... ------.

FEDERAL REGISTER, VOL 37, NO. 24-..FRIDAY, FEBRUARY 4, 1972 2712 NOTICES

SupEnsrDns DncisIOS-o-Continued

Basle Fringe beneflts paymenti Classification hourly rates H & W Pensions Vacation App. Ir. Oth' r

Powderman helper elper------2.2....2...... Relnforcing steel setter (paving) ...... 3.0...... Reinforcing steel setter (structures) t r uc...... r e s)...... 2.80 ...... Reinforcing steel setter helper ------2.00 ...... Steel worker (structural) ...... 0 ...... Spreader box m an ------2.00 ...... Swomper ...... Power equipment operators: 2.00 ...... A sphalt distributor ...... Asb alt pav ng m achine ...... 2.0 ...... B uldoier, 160 h.p. and less ...... 2.7 ...... B ulldozer, over 160 h.p ...... 3.60 ...... Concrete paving finishing machine ...... z 3.75...... Concrete paving saw ...... 2.25...... Crone, clamshell, backhoe, derrick, dragline, shovel (less than 1% cu. yd.) ------2.85 ...... Crane, clamshell, backhoe, derrick, dragline, shovel (11s cu. yd. and over) ...... 3.5..0...... Crusher or screening plant operator ...... 2.50 ...... Foundation drill operator (crawler mounted) ...... Foundation drill operator (truck m ounted) ...... 4.0 ...... Foundation drill operator helper ------...... 3....15 ...... F ro n t e n d lo a d e r (2Y2 eu . yd . an d le ss) ------.. ------.. -.- -..- .- ...... -- 3.15 ...... Front end loader (over 23/2cu. yd.) ...... I 2.65...... M otor grader operator, fine grade ...... 2.76...... lotor grader operator ...... 3.00 ...... Roller, steel wheel (plant-mix pavements) ...... 3.0...... 42.90...... _...... Roller, steel wheel (other-flat wheel or tamping) ...... 2.00...... R oller, pneum atic (self-propelled) ...... 2.00------j...... Scrapers (17 cu. yd. and less) ...... Scrapers (over 17 cu. yd.) ...... 2.50...... Tractor (crawler typo) 150 h.p. and less ...... 2.20...... Tractor (crawler type) over 110 h.p ...... Tractor (pneumatic) 80 h.p. and less...... - 2.05------Tractor (pneum atic) over 80 h.p ------2.50...... _----...... T renching m achine, light ...... 2.55...... ---- Wagon drill, boring machine or pest hole driller operator ...... 2.0------.....------Truck drivers: Single axle, ligh t ...... 2.00...... _ ...... Single axle, heavy ...... 2.00------T andem axle or semitrailer ...... 2.00------...... ------W inch ------4.00...... Welder ...... 1-Texas--LOb: Line construction: 0.615 $*0. 1%/...... N Lineman ...... 17 5.33 .17 '2k.....- 3.36 :17 19 ......

State: Texas; Counties: Archer, Armstrong, Baylor, Briscoe, Carson, Castro, Childress, Clay, Colllngsworth, Dallam, Deaf Smith, Donley, Gray, Hall. Hansford, IlarlUniu, Hartley, Hemphill, Hutchinson Lipscorb, Montague, Moore, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Sv, Lher, Wheelcr, Wichit-i, and Will i' i. Decision No. AM-11,387; Date of decision: Feb. 4, 1972. Supersedes Desislon No. AM-3,557, dated Aug. 25,1971, In 3 F.R. 16777. Description of work: Highway construction. 19-Toxas-3f.

Basic Fringe benefts payments Classification hourly rates 11 & W Pensions VaatIon App. Tr. Other

$3.0 .00 ...... 325...... 3. 70 ...... 3.50------_--...... Ciufereto flnksher~pa-ving) ------3.0...... Concrto finisherhelper (paving) ------Concrete finisher (structures) ...... 3...... Concrete rubber ...... 3.53.00 ...... ----. r...... Form builder (structures) ------Form builder helper (structures) ...... 3.00------...... Form liner (paving and curb) ------Form setter (structures) ...... 3.60 ------...... Form setter helper (structures) ...... 3.1 ...... Laborer, common ...... Laberer, utility m an...... 3.50 ...... Manhole builder, brick ..5...... _--- Mfechanic------3.153.00...... ------_------...... Mechano helper- .------...... 3.1503212.00...... ------...... - ...... __-...... Oiler ...... "...--..-' ...... _...... -----..- 2.50...... _...... Serviceman ...... 2.5}3.10 ------...... -...... -.... -...... _..-- _ Pipelayer ...... 320------_------Pipelayer helper------.....------...... Powderman------...... ------2.00...... Reinforcing steel setter (structures) --...... Reinforcing steel setter helper ...... ---.-.------...... ------2.250...... __ ...... _---- Sign erector ...... ------...... 3.00...... Sign erectorhelper ...... -...... - --...... Spreader box mm ...... ------...... Swamper ...... 2.25......

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 2713

SWurZSIOES =DxcszONS--Coutinucd

ClAssflcation hourlyhe3=lz F~rzitcn:1t:3rarmn= rates & W rcr-ni-c Von.atn App. tr. Othr

Power equipment operators- Asphalt distributor ------...... ca Asphalt paving amchine ------4-0 Bulldozer,Broom or sweeper 150 h.p. operator and less_ -[...... -.------.... 2.5 Bundopr, over 150 h.p -----.-.--.-...... - 3.09 Concrete paving curing machine ------.-.-.-.------.-...... 3.10 Concrete paving form grader ------...... 3. - Crane, clamshell, backhoe, derrick, draglIne, shovel (less than 1ij cu. yd ).__ 3.f£5 - - Crane, clamshell, backhoe, derrick, dragline, shovel (11 cu. yds. and ovc)--. _ 4.25 Cruser or screening plant operatr ...... 3.-0 Foundation drill operator (truck mounted) .. C0 Front end loader (2% cu. yds andless) ...... -.. 3.5 Front end loader (over 2% cu. yds. . 3.0 - 4...5 Motor grader grader operator, operator fine grade- ...... 3. 75. Roller, steel wheel (plant-mix pavements) .. Z9 :Roller, steel wheel (other-flatwhel or tamping) -...... ------.---- 3.0 Roller, pneunmatic (self-propelled) ------...... -... Seraper (17 cu. yd sand ls) --- ...... ------E.C0 Scrapers (over 17 cu. yd.) ...... --- ...... - IN Tractor (crawler type) 150 h.p. and less ...... - 2.0 . Tractor (crawler type) over 150 h.p ....-.------.. ..----- .... Tractor (pneumatic) 80 h.p. and less ...... ---- Tractor (pneumatic) over SOh.p ...... -- ...... ------Traveling m ixer ------.---. ------.-.-.-.-.-.---- .- ...... -.----- ...... 3. 20 Wag drill boingo machine or post hole driller operator ----...... ------2. 69 vers Single axle, light .....------.------2. " . Single axle, heavy ...... ------25.--- F Tandem axle or semitrailer ------... ------...... - Lowboy-float ------.-.----- ...... ------. -- 3...... Winch ------...... ------& Welghmm (trackscales) ..-- ....------...... ---.- -- 2. Welder-- - -. . .- . ..-.-..-.-.--.-.------...... -----. 4.35 ......

State. Texas; Counties: Bailey Borden, Cochran, Cottle, Crosby, Dawson Dlckcn, Fisher,:Floyd, FCz-d, O lht., Oaro, Hae, Kent, Kirknox, Lamb, Lubbock, Lynn, Motley Scurry, Shackelford, Stephens, Stonewall, Terry, Throckmorto, Y okm ant Ycmig. Decision No. A.M-liSS Date of ecislon: Feb. 4. 1972. Supersedes Decision No. AM-3,558, dated Aug. 25,1971, in 36 F.R. 10-t#8 Description of work: Highway construction. 24-Texas--3.

B=1 .Fringebcncfts psyment Classification hourly ratO 11 & W Peu-ics Va-amltu App. Tr. Other

4 CA '

Form builder

Spreader box ln n_ ------Power equipment operators: Asphalt distributor ------.50...... Asphalt paving machine ------...... 0...... ------.. . . Bulldozer, 150 h.p. and less ------Bulldozer, over 150 h.p ------. - 3.00 Crane, clamshell, backhoe, derrick, dragline, shovel (lcss than l2 cu. yd...... 3.75o ...... Crane, clamshell, backhoe, derrick, dragline, shovel(,, n yd. and over) 3,. o.o. o ...... ------. .-----. Crusher or seening plant operator ...... ---...... ------.-...... &00 ...... Front end loader (2p, c. yd. and less) ...... Front endlosder (over 2Y2 cu. yd.) ------...... 2.803.FS... -...... -- ...... - -- - Motor grader operator, fine grade ------Motor grader operator ------IL9 ,...... Roller, steel wheel (plant-mix pavements) ------...... ---- 2.Ca...... Roller, steelwhee (other-flat wheel or tamping) ...... ------Roller, pneumatic (self-propelled) ------...... ------. --- 2.V3 Scrapers (17 cu. yd. and less)------.---.-----.-...... 2.75 ...... Scrapers (over 17 cu. yd ------...... ------.-.-.. 3.0 Tractor (crawler type) 150 h.p. and less.------...... ------...... - ...... Tractor (crawler type) over 150 h.p ..------...... 3.50 Tractor (pneiatic) SOh.p. and less -...... 2.-0 Tractor (pineumatic) overdO h.p------2.C5 Traveling mixer ------...... 2.F3, WagonTadiers: drill, boring machine or post hole driller operator ------

FEDERAL REGISTER, VOL 37, NO. 24--RIDAY, FEBRUARY 4, 1972 2714 NOTICES

SOrEunSmrs DncisOzfs-Contlnued State: Texas; Counties: Andrews, Brown, Callahan Coke, Coleman, Comanche, Concho, Crane Crockett, Eastland, etor, Erath, Gls ecl:, Howard, lWou, Flho!,, Trilie, Martin, MeCulioh, Monard, Midland, lills, Michell, Nolan, Reagan, Runnels, San Saba, ishlelcher, Sterling, Sutton, Taylor, Tont Green, Upton, W"¢td, a,d WW h. Decision No. AM-11,39; Date of decision: Feb. 4,1972. Supersedes Decision No. AM--3,559, dated Aug. 25, 191, in.36 P.R. 16770. Description of work: Highway construction. 29-Texas-3f.

Basi Fringe bnefilts psymentJ Classification hourly rates H & IV Pensions Vacatieu App. Tr. Oll,

A ir tool m an ------.-.------. .. .- -.. ------.- ..- - -. -..- - .- -..- -.- ..- - ..------$2.40 ...... Asphalt beaterman -----.------...... ------2.0 ...... Asphalt raker. -- _------... B atching plant scalem an ...... _- -- Carpenter------2.503.30 ...... -...... _ _ ...... Carpenter helper...... 3.5...... Concrete finisher (structures)...... -...... 3.0...... 2.70 ...... Concrete finisher helper (structures).... ----.. ------...... 2.75 ...... Concrete rubber h- (s------...... 3.10 ...... Form builder (structures)...... 3.158------Form builder helper (structures)...... Z3.00 ------...------Foi setter (pavsng and curb) ...... Form setter helper (paving and curb) ...... 2.40------...... F orm setter (structures) ...... -...... 3.00 ...... Form setter helper (structures) ...... -...... 2. 5 ...... Laborer, common ...... 2.00 ...... Laborer utility man ...... 2.35 ...... - Mchamnte...... c...... 3.00 ...... Mechaicoler ------helper ...... 2.50 ...... --- 2.00 ...... S erv icem an ...... 3.00------...... - P ow d erm an ...... 3.00-- .------....------Reinforcing steel setter (structures) ------Reinforcing steel setter helper ------2.002.29 ...... ------...... Spreader box man ------Power equipment operators: 2.5 ...... Asphalt distributor ...... ------...... 2.05 ------...... ------...... Asphalt paving machine ------2.90 ...... B ulldozer, 150h.p. and less ...... 2.75 ...... Bulldozer, over 150 h.p...... Concrete paving saw ------Crane, clainlell, backhoe, derrick, dragline, shovel (less than 1Y2eu. yd.) ------3.25 ------...... -- Crane, clamshell, backlhoce, derrick, dragline, shovel (lY eu. yd. and over) ------2.00...... Crusher or screening plant operator ------...... ------2.7 ...... Elevating grader ------3.0 ...... Foundation drill opcrator (truck m ounted) ...... - Front end loader ('42 cu. yd. and less) ...... 2.753.25 ------...... __-...-...... ------. Front end loader (over 2% cu. yd.) ------...... ------M otor grader operator, fn e grade ...... 2.0...... Maotor grader operator ------* Roller, steel wheel (plant-mix pavements) ------2.35 ------...... Roller, steel wheel (other-flat wheel or tamping) ------2.00 ...... Roller, pneumatlo (self-propelled) ------Scrapers (17 eu. yd. and less) ------3.25 ...... -----...... Scrapers (over 17 ue.yd.) ------3.00 ...... Tractor (crawler type) 150 h.p. and lass------...... 2.70 ...... Tractor (crawler typo) over 150 Lp ...... ------2.35 ...... _ ._ ... ..------Tractor (pneumatic) 80 h.p. and le s- ...... 2.528.6------...... - - Tractor (pneumatle) over 80 h.p ------...------25 ...... Traveling mixer ------Wagon drill, boring machine or post halo driller operator ...... 2.502.75...... _...... Truck drivers: 2.0...... Single axle, light ------2.00 ------...... Single axle, heavy ------Tandem axle or semitrailer------2.25...... LowboY- a ...... ------2.500...... --...... Weighman (truck scales) ------Welder ------3.00------......

State: Texas; Counties: Brewster, Culberson, El Paso, Hudspeth, Jeff Davis, Feces, Presidio, Reeves and Terrell. Decision No. AM-11,390; Date of decision: Feb. 4. 1972. Supersedes Decision No. AM-3,560, dated Aug. 25,1971, in 38 F.R. 16780. Description of work: Highway construction. 12-Teeas-3f.

Basic Fringe beneflis payments Classification houly rates H & W Penslons Vacation App, Tr. Utilv

Asphalt heaterman ------$2.50 ...... Asphalt raker ------.------2.50 ...... Batching plant sealeman ------2.60 ...... Carpenter ------.------a.10 ...... Concretofinisher (paving) ------.------3.50 ------...... - Concrete finisher (structures) ------.------2.25------...... Concrete finisher helper (structures) ------2.00 ...... Electrician ------4.5 ...... Form builder (structures) ------.------2.5...... Form builder helper (structures) ------...... ------.------2.10...... Form setter (structures) ------2.70...... Form setter helper (structures) ------2.40 ...... Laborer, common ------1.0 ...... --- . Laborer, utility man ------2.00 ...... Mechanio ...... ------3.00 ...... Mechanic helper ------....------2.5...... Oiler------.------2.50 ...... Serviceman ------.-.------...... 3.00------Piledrivdr man------. --- - ..------Plpelayer------2.50 ...... Reinforcing steel setter (strtures)(paving) ------...... 2.00...... _

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 2715

SUprnsEDEs DeissiOns-Contlnued

Classication BaleFinZO kznM pa t ntc3 11 & W Pen.cc Vr-atfla App. tr. Qthvr

einforre'g steel settrn helper ...... ; ...... Svmmmper -----....-----..-----. . ae_-. -.------..- -- - .-- - - Power equipment operators: Asphalt distributor h...... As haltpavingmah a l tp------h------...... Bulldozer,Broom or sweeper over 150 operator h.p ------..-.------...... Crane, clamshell, backhbe, derrick, dragilne, shovel (less than l'! e,,nyds.) ...... Cra n e, cla msh ell, b ack h oe , d errick , d rag line , sh ov el (l,15 ca . y d s . an d ov er ) ...... Crusher or screening plant operator ------Front end loader (2%. cu. yds. and less) ------Front end loider (over 2%cu. yds.) ...... Motor grader operator, fine grade ...... Motor grader operator ------.-.------Roller, steelwheel(plant-mlx pavements) ...... _ - -.------...... - Roller, steel wheel (other-flat wheel or tamping) ...... I2ca ------.------Roller, pneumatic (self-propelled) .....------...... Scrapers (17 eu. yds. andless) ...... 2. W5...... ------Scrapers (over 17 cu. yds.) ...... 3. S ------_------Tractor (crawler trpe) over 150 h.p ------.------...... - - - Tractor (pneumatic) over 80 h.p...... ------Wagon drill, boring machine or post hole driller operator ...... ------Truck drivers. 2. V5 -...... Single axle, light ------: ------...... Single axle, heavy ------Tandem axle or semitrailer....------.------Transit-mix -----.------...------_ ...... ----..------Weighman (truck scales) ------xlv14-~ 2.0------....------

State: Texas; Counties: Atascosa, Bandera, Besr, Coma], Dlmmt, Edwards, Fdo, Guadaupe, Kendall, )~er, Elnacy, La Falc, Mavcrfk, .IMullcn, M dlna Pc., tv.-, Val Verde, Wilson, and Zavala. Decision No.AM-11,391; Date of decision: Feb. 4.1972. Supersedes Decision No. A.d-3,561, dated Aug. 25,1971, in 30 F.R. 10781. Description of work: Highway construction. 16-Texas--3f.

Bxlz Frine Lc=Clts paymcnta qlssillatlons hourly ratcs H & W PCz.=- Vcntlcn App. Tr. Other

Air tool man ...... $1.95---- .Asphalt hesterman ..... Asphalt raker ------OT...... 2.------...... Batching plant scalemarn 2.5 ...... Carpenter ...... 2.75 . ...- ...... ------Carpenter helper ...... ------. Concrete finisher (paving 2.....------Concrete finisher helper (I a--W ...... -- ...-- Concrete finisher (structac Concrete misher helper (, 2.495...... - Concrete rubber ...... 2.01.-.-...... Electrician ...... 4. 03------Form builder (structures) 2.C-5------... .- --- Form builder helper (stru i2 ...... Form setter (paving and ( qi r Form setter (stractures)__ Form setter helper (struct Laborer, ut'litycommon man_... ------

------29------2A ...... - .------

Power equipment operators: Asphalt distributor ...... Asphalt-paving machine ------...... ------...... Bulldozer, 150 h.p. and less ...... ------.------.------Bulldozer, over 150 b.p....------...... Concrete paving finishing machine------...... Concrete paving saw ------.-.---...... Crane, clamshell, backhoe, derrick, dragline, shovel (ess than 1N cu. yd.) Crane, clamshell, backhoe, derrick, drgline, hove (ly en. yd. and ov) Crusher or screening plant operator ------...... Foundation drill operator (crawler mounted) ------...... Foundation drill operator (truck mounted) ------I Foundation drill operator helper ------...... Front end loader (2Ncu.yd. and less)------Front end loader (over 234 Cu. yd.) ...... ------.----- Motor grader operator, fine grade ------...... ---- Motor grader operator ------...... ------..------Roller, steel wheel (plant-mix pavements) ------...... Roller, steel wheel (other-fiat wheel or tampln)...... - IRoller, pneumatic (self-propelled) ...... ------Scrapers (17 cu. yd. and less) ------...... Scrapers (over 17 cu. yd.) ------...... ----...... ------Tractor (crawler type) 150 hp. and less ------Tractor (crawler type) over 150 h.p ------...... Tractor (pneumatic) S0 h.p. and less ------...... Trctor (pneumatic) over SOh.p -...... Trenching machine, light ...... ----.------.------Wagon drill, boring maehine or post hole driller opeator ...... FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 2716 NOTICES

SuPrnmL' Dncrisos-Continued

Basic Fringe benrflts paymcnt: Classification hourly rates H & W Penslons Vacation App. r, lothlr

TrekSingle drivers: axIo, light ------2,000..------...... Single axle, heave ------..------...... -- 2.00 ...... Tandem axle or semtrailer ------2.00 ...... W in ch ------nch------2.15 . .15...... Wvelder------4.00 ------

State: Texas; Counties: Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Kenedy, Starr, Webb, Willacy, and Zapata. Decision No. ADI-11,392; Date of decision: Feb. 4,1972. Supersedes Decision No. AM--3,S2, dated Aug. 25, 1971, in 36 P.R. 16782. Description of work: Highway construction. 3--Texas-3f.

Basic Fringe benfilts payments Classification hourly rates u & W Pensions Vacatiun App. Tr. Otlier

$I5 ...... -- Air tool man ------.------Asphalt raker ------.------2.70 ...... Carpenter ------.------2-70 ...... ----- Carpenter helper ------2za ------...... ------Concrete finisher (structures) ------...... - ...- ..- -...------.------2.75 ...... Concrete finisher helper (structures) ...... -...... 2.75 ...... Electrician ------2.2 ...... Form setter (structures) ------2.75 ------...... ------Form setter helper (structures) ------2, 0 ...... Laborer, common ...... 2.35 ...... Laborer' utility man ------L2.------Meclanio ------.------3.25 ...... - Oiler ------20...... Painter (structures) ...... 75 ------_------Piledriverm an ------.------...... -- f - ...... 2.25...... Pipelayer ------2.3 ...... Reinforcing steel setter (structures) ...... ---- R einforcing steel setter helper ...... t25 __...... Spreader box man ------Power equipment operators: a.03.00 ------_...... _------...... _------.. .. . I------.... . Asphalt distributor ...... 2.5530------__------...... Asphalt paving machine ------...... "...------"-" 3.00 ...... B ulldozer, over 160 h.p ------Crane, clamshell, baekhoo, derrick, dragline, shovel (loss than 1YAeu. yd.) ------2.00.0...... ------Crane, clamshell, backhoe, derrick, dragline, shovel (IJ.g eu. yd. and over) ...... -----...... _ 3.0 ...... Crusher or screening plant operator ...... 2.70 ...... Front end loader (271acu. yd. and less) ------...... ------o ...... Front end loader (over 2?/a eu, yd.) ------2.35 ...... M otor grader operator, tine grade ------to...... 3. ------...... Motor grader operator ...... Roller, steel wheel (plant-mix pavements) ...... 23...... Roller, steel wheel (other-flat wheel or tamping) ------2.35 ------...... - ___ ------. Roller, pneumatic (self-propelled) ...... 2.10...... Scrapers (17 en. yd. and l(ss) ...... 2.75 ------___..... Scrapers (over 17 eu. yd.) ...... 3.00------...----_------Tractor (crawler type) over 160 h.p ------.------...... 2.0...... ---- Tractor (pneumatic) 80 h.p. and less.---...... 2850------_--- Tractor (pneumatic) over 80 h.p ...... 25 ...... _...... --- Trenching m achine, light ------Truck drivers: 0.23-----.....------Single axle, light ...... Single axlo, heavy ------...... ------2.00...... ---- _ --- Tandem axle or sem itrailer ------...... 1.85...... I_---__......

State: Texas; Counties: Aransas, Bee, Calhoun, Do Witt, Coled, J"ackson, Jim Wells, Karnes, Kleberg, Laveca, Live Oak, Nueees, Reuilo, San Patrco, and Vielor. Decision No. AM-11,303; Date of decision: Feb. 4,1972. Supersedes Decision No. AM-3,563, dated Aug. 25, 1971, In 3&F.R. 16783. Description of work: Highway construction. 1--Texas-3f.

Basic Fringe benefits payments Classification hourly rates H & W Penslons Vacation App. Tr. Oiier

Asphalt raker------" 1,2.6;0 .;...... __ ---- Asphalt shoveler ------2.00 ------Carpenter ...... 2.80 ...... Carpenter helper ------3.002.15 ------...... ------. Concrete finisher (paving) ...... 2.80 ...... Concrete finisher (structures) ..... ------...... Concrete finisher helper (structures) ...... 2.0 ...... Form builder (structures) ------2.25 ...... Form builder helper (structures) ...... Form liner (paving and curb) ------...... ------3.2Z ...... Form setter (paving and curb) ------2.40 ...... Form setter (structures) ------...... 3.00 ...... Form Setter helper(structures) ------..--.-..- -. . ------2.25...... Laborer, common ------...... ------2 0 ...... Laborer, utility man------...... ------2.15 ------...... Mechanic ------.--.------3.53...... Mlrchanic helper ------.------...... 2.30 ...... Oiler ------2.50 ...... PIpel ayer ------...... ------2.20 ...... Reinforcing steel setter (paving) ------...... ------2.40 ...... Reinforeing steel stter (structureq) ------2.75 ...... IluinforclngAstelstter helper ------..------.---- 2.15 ...... Svri ader - ,- ...... "'''t ..... 2.85------.....

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 2717

SuOPRSEDS DrcisIONs-Countnu c

Classification blzcsl YatCl H & W PcrZ!= VaratIS1n App. tr. Ot~tr

Power eguipment operators: - 5 ...... A sp altdistributor ------...... - - -- -...... - -- -. - ...... - -- - -...... - - - -...... - - - - -...... - - -...... --- Asphalt paving machine .... 3.03 Bulldozer, 150 h.p. and less--...... ------. .----- 2...... Bulldozer, over 150 h.p ...... ---- 3 Concrete pnvng...... n.paving cuubn machine ------..eI ---- ...... 3."CO ...... ----- ...... C oncretepaving longitudinallo t .------.------2.75 ...... Crane, clamshell, backhoe, derrick, dragline, shovel (less than l, cn.yd.) ------. 3------...... -- Crane, clamshell, backhoe, derrick, dragline, shovel (1 c . y. and over)-- 3Z3 ... -...... -. Crusher or screening plant operator ------3...... 5------Front end loader (2a en yd. and less) ------...... --- Front end loader (over 2% cu.yd.) ------.------2.75 ...... Motor grader operator, fine grade ------3. -0 ------.------Motor grader operator ------. . ..------. ------3...... -.------.------....------Roller, steel wheel (other-mit(plant-mix whee pavements) orn tamping) ...... ---...... 2.4Cs ...... ------...... r ...... ------Roller, pneumatic (sel-propelld)or00 ------...... -...... Scrapers (17 c. ynd.and less)------2752-7------...... -...... ------Scrapers (over 17 cu.yd.) ----. . ..------3.0CO------...... ------Tractor (crawler type) over 150h.p ...... 2. ....-...... T ra ct or (p n e u ma t ic ) 80 h .p. a n d l e s s ...... - 2 cC O...... Tractor (pneumatic) over S0 h.p ...... 2...... 2.15 ...... ------Travelingmixer------...... ------Truck drivers: Single axle, light...... -.. 210 ...... ------...... ------Single axle, heavy------...... 2.10...... ------Tandem axle or semitrailer ------...... --.-...... --- Winch ------2.75 ------Welder ------3.25...... ------

State: Texas; Counties: Austin, Bastrop, Blanco, Burnet, Caldwell, Celorado, Fayette, Ocic-p' (ticr , TIny-, Lce, Lhurs, 1iazn, Trav-, and William:n. Decision No. AM-11,394; Date of decision: Feb. 4.1%'- Supersedes Decision No. AM-3,5, dated Aug. 25,1971, In 36 F. R. 10784. Description of work: Highway Construction 18-Texas-3f.

XlaliFrie bcncfLll paymcats Classficatlon hourly rtate- I & W Pels.na Vaffcan App- Tr. Othcr

Air toolman ------_15 ...... ------Asphalt heaterman------0 ...... ------Asphalt raker------3.7 ...... - B at c h i n g pl an t s c al em an .-...... --.-- --.-- -.- --.- --.-- -.- --.---.-- --...... -- 2 .7 5 -...... -.-...--...... Carpenter ------3.20 ------ConnCarpenterreteefinisher helper ------

FEDERAL REGISTER, VOL 37, NO. 24--RIDAY, FEBRUARY 4, 1972 1o. 24--Pt. 1-11 2718 NOTICES

SVPERS2DES DEcisIoNs--Contlnued State: Texas; Counties: Bell, Bosne Coryell Falls Freestone, Hamilton, Hill, Lampasas, Limestone, iMeLennan, and Navarro. Decision No. AM-11,395; Date of dcclslon Feb. 4. 1972. Supersedes Decision No. A1-3,55, dated Aug. 25,1971, In 35 P.R. 16785. Description of work: Highway constrnetion. 22-Toxas--Sf.

Basic Fringe beneflts payments Classification hourly rates H & W Pensions Vacation App. Tr. Otlir

Air tool man $2 .0...... 5$$2.5.Z...... Asphalt raker ------2.------2.25 .---...... Batching plant scateman ------3.00 ------1. Carpenter------3.2 ...... Carpenter helper...... ------2.2 ...... C o n c re te f l snh e r av l n g )...... - -.- -- .-- --.-- -.-- --. - --.- -- .-- --..------3. 6 0 ...... Concrete finisher (structures) ------...... ------3.25 ...... Conereto finisher helper (structures) ------2.50 ...... Concrete rubber ------2.25 ...... Electrician ------.5.00-----.------. _ ...... --.....--.- Form builder (structures) ------3.25 ------...... Form builder helper (structures) ------3.00 ...... Form setter (structures) ------3.50 ...... Form setter helper (structures) ----- .------.------2.75 ------Laborer, common ------2,00o -...... L a bo re r u tility m an ------.-.-. ------.-.- .- .-. .- . -. .- . -.. -. .- . -. .- . -. . - . -. . - . .- . - ..--- 2. 1 0 ------...... Mechanic ------3,55 ------_-_---...... Oiler ------2.75 ------...... Painter (structures) ------.... 4.50------...... ------Pipelayer ------3 ...... Pipelayer helper ------2.25 ...... Reinforcing steel setter (structures) ------2.35 ...... Reinforcing steel setter helper ------2.00 ...... Steel worker (structural) ------3.50 ------...... Steel worker helper (structural)j------2. W------Sign erector ------3.00 ...... Sign erector helper------2.50...... ---- Power equipment operators: Asphalt distributor------...... Asphalt paving machine------2.95 ...... Asphalt plant operator ------3.23------5------...... _- - .. Bulldozer, 150 h.p. and less ------3.00 ------...... Bulldozer, over 150 h.p ------3.0...... Concrete paving saw ------...... ------2.75 ...... Crane, clamshell, backhoe, derrick, dragline, shovel (ess than 334 ca. yd.) ------3.25 ...... Crane, clamshell, baekhoe, derrick, dragline, shovel (12 cu. yd. and over) ------3.60 ...... Crusher or screening plant operator ------2.75 ...... Foundation drill operator (crawler mounted)------4.75 ...... Foundation drill operator (truck mounted) ------3.75...... Front end loader (2% c yd. and loss) ------a 00 -_ --...... Front end loader (over 2 cu. yd.) ------3. 25 ...... Motor grader operator, fine grade ------..------3.0 ...... Motor grader operator------3.25 ...... _ ... Roller, steel wheel (plant-mix pavements) ------2.35 ...... Roller, steel wheel (other-flat wheel or tamping) ------2.50 ...... Roller, pneumatic (self-propelled) ------2. 50 ...... Scrapers (17 eu. yd. and les) ------3.00 ------...... Scrapers (over 17 eu. yd.) ------3.25 ...... Tractor (crawler type) 150 h.p. and less ------2.40 ...... Tractor (rawler type) ovr 150 h.p ------2.0 ...... Tractor (pneumatlic) SOh.p and Ies ...... ------2.25 ...... Tractor (pneumatle) over SOh.p ...... ----.. ..------3.01 ...... Traveling mixer ------2.75...... - Wagon drill, boring machine or post hole driller operator 2.5------50 ...... Truck drivers: Single axle, light...... ---...... ------2...... Singie axle, heavy ------2Z.00 ...... Tandem axle or semitrailer ...... ------.------2o ...... Wich ------2.75 ...... Welghman (truck scales) ------25 ......

State: Texas; Counties: Cooko, Donton, Hood, Jack. Johnson, Palo Pinto, Parker, Somervoll, Tarrant, and Wise. Decision No. AM-11395; Data of decision: Feb. 4, 1972. Supersedes Decision No. AM-3,56, dated Aug. 25, 1971, In 36 F.R. 1678. Description of work: Highway construction. 13-Texas--SL

Basie Fringe benefits psymrnts Classification hourly rates H & W Pensloas Vacation App. Tr. Other

A?. Ld ....an 12. 55 A 1h-lt: 1h m{ ......

2.0...... Botching plant scaleman Carpenter ------. 3.25 ...... _... Carpenter helper ------.. Concrete finisher (paving 3.02.Q53_------... ------Concrete finisher helper I .00...... Concrete finisher (structe Concrete finisher helper 3 23 ...... Concrete rubber ------2.50------Electrician ...... Form builder (structures Form builder helper (stn 2.5...... _ 3.00 ------1.502 23...... 6 2.50...... - .U. lu -1 %:

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 2719

Sur~iirurs Dixisiorrs-Contlaued

I B Z.-! C!Frit" c rcit3 pyynitL Classification Lcurly eate1 HI& W Peair" c.n App. tr. OtL-r

Laborer, common ...... 2 .(G...... ------...... _ Laborer, utility manan...... Me c h a n ic------2...... a ...------Mechanic helper ------.- .0 ...... O iler ------Pipeay er------._.'____'_.'. 2 F...... I...... ------Plpahayer helpee ------...... - ...... 2.5 ------2 --.------Po w derr man------...... 32 ...... -.------Reinforcing steel setter (structures) ...... Reinforcing steel setter help ...... 3.03 ...... ------Sign erector helper ......

Swamper...... Spreader box man ...... Power equipment operators: 3. 5...... _------Asphalt distributor ...... 3. 1 ...... - - - - Asphalt paving machine ...... 2.0...... 0...... Bulldozer, 150 h.p. and l .ess------...... Bulldozer, over 150 h.p ...... Concrete paving curing machine ...... Concrete paving finishing machine ...... 3.25 ... 1 _ _ ------Concrete paving saw ...... 3 .03 ...... ------Concrete paving spreader ...... 3.25 ... . -...... ------Crane, clamqhel4 backhoe, derrick, dragline, shove (less than ijj CU. yd.) ...... 3.25 ------_ ------Crane. clamshell, backhoe, derrick dragline, shovel (1j5 Cu. yd. and vcr) ...... a.0t3 ...... ------Foundation drill operator (truck mounted) ...... 7...... Foundation drill operator helper ...... & I...... ------Front end loader (2Y2_ cu. yd. and less) ...... Front end loader (over 235 cu. vd.) ...... & 2 ...... ------_ Motor grader operator, fine grade ...... 3.10.i- ...... - - - Motor grader operator ...... 4.20 ..- ...... - - - - Roller, steel wheel (plant-mix pavements) ...... 3.0 51 ...... - - _ ------Roller, steel wheel (other-flat wheel or tamping) ...... 0.Z3...... ------Roller pneumatic (sell-propelled) ...... "43------Scrapers (17 cu. yd. andless) ...... Scrapers (over 17 cu. yd.) ...... Tractor (crawler type) 150 h.p. and less ...... Tractor (crawler type) over Ito h.p...... Tractor (pneumatic) 8 h.p. and ls ...... 5 Tractor (pneumatic) over 60 h.p ...... WagonTraveling drill, mixer...... boring machine or pest hole driller operator ...... Trck v: 2.0 Single axle, light ...... TandemSingle axleheavy...... or semitrailertae, ......

trnoy-ixoa ...... ---- -3- Z...... Wedrani~x...... 3.25......

State: Texas; Counties: Collin, Dallas, Ellis. Grayson, and Roekwall. Decision No. AJM-11,397; Date of decision: Feb. 4, 1972. Supersedes Decision No. AM-3,W7, dated Aug. 25,1971,In 3 F.R. 10787. Description of work* Heavy and highway constructilon. 11-Texas--3.

DaelaFricgo licucLts payrmmin Classification Lely raten u & W Pm-n VaraiLen App. Tr. other

Air tool n . ------...... V2.W3...... ------Asphalt beaterman ...... Asphalt raer ...... Batching plant scaleman ...... Carpenter ...... Carpenter helper ------.-.------..-----...---...... ------Concrete finisher (paving)...... Concrete finisher helper (paving...... Concrete finisher (structures) ...... - Concrete finisher helper (structures) ...... 2.25...... Concrete rubber------7------. . . ::::::::. .. a w...---...---. .------. .------Fireman ...... 3.03 . . --- . .------. . . -----. ..------. - Form builder (structures) ...... 3.00 ------. - -... ------. ------Form builder helper (structures) ...... Form liner (paving and curb) ...... Form setter (paving and curb) ...... &W.-5 --.-.--.--.. -.------. --.-. ------. ------Form setter helper (paving and curb) ...... 2.0W3 - -.-. --. ------Form setter (structures) ----.------.------Form setter helper (structures) ...... Laborer, common ...... Laborer. utility man...... Mechan ...... 2 '...... Mechanic helper ...... 2.00 ...... ------Oiler ...... 2.25...... ------Pipelayer helper ...... 3 ...... ----- Reinforcing steel setter (structures) ...... Reinforcing steel setter helper ...... 2-...... Steel worker (structural) ...... 2X5 -..------_.-- Steel worker helper (structural) ...... Spreader box man ...... Aw±-nner :......

FEDERAL REGISTER, VOL 37, NO. 24--FRIDAY, FEBRUARY 4, 1972 2720 NOTICES

Surrannns DrczsioNs--Coatinued

Basi1o Fringe bmnits paynants Classification hourly Mtc H &W Pen31os Vacation App. tr. Otthr

Power equipment operators: phalt distributor ...... 3.00 ...... Asphalt paving machine ------3.25 ...... B ulldozer, 160 h.p ...... --3.25 ...... Bulldozer, over 150 h.p ------.------3.50 ...... Concrete paving finishing machine ------3.5 ...... Crane, clamshell, backhoo, derrick, draglino, shovel (Ier than 14 eu. yd.) ------3.0 ...... C ran e clamshell, back h oe, d errick , d raglino , sh ovel (1 eu . y d . an d ov er) ...... 3.75 ...... Form loader ------.-.---...... 3.15. ----...... - Foundation drill operator (truck mounted) ------Foundation drill operator helper Front end loader (20 eu. yd. and le.------3.00 ...... Front end loader (over 2P eu. yd.) ------3.23...... M otor grader operator, fine grade ------M otor grader operator ------Roller, strel wheel (plant-mix pavements) ...... ------3.00 ...... ------_------Roller, steel wheel (other-flat wheel or tamping) ------2...... 25 ...... Roller, pneumatic (self-propelled) ------3.252.20 ...... - Scrapers (17 cu. yd. and les) ------3.00 ...... Scrapers (over 17cu. yd.) .------...... 3.15M ...... Tractor (crawler type) sc0h.p. and less ------2.75...... - _...... - _ Tractor (crawler type) over 160 h.p ...... to...... ------...... Tractor (pneumatic) 50 h.p. and less ------a,05------....- ... Tractor (pneunatic) over S0 h.p_ ...... T raveling m ixer ------2.&5 ...... Trenehing machine, heavy ...... 3.50 ...... Wagon drill, boring machine or post hole driller operator ------too ...... Truck drIvers: Single axle, light ------...... 2.45 Sin glo axle, heavy ...... r ...... 2.25 T andem axle or semitrailer ...... - --.--- Lowboy-float ------WelghtmanT ranslt-m ix (truck------scales)------...... -.-...... ------3.23...... 225------... W elder helperhelper------3.85 ...... 3.16 ......

State: Texas; Counties: Bowie, Camp, Cas, Delta, Fannin, Franklin, Gregg, Harrison, Hopkins, Hunt, Kaufman, Lamar, Marion, Morril, Rains, ReI River, RUlt,:, 0lImi, Titus, Upshur, Van Zandt. and Wood. Decision No. AM-11,398; Date of decision: Feb. 4,1972. Supersedes Decision No. AM-3,5, dated Aug. 25,1971, in 36 F.R. 16783. Description of work: Highway construction. 30--Texas-3L

Basic Fringo benefits payments Classification hourlratf H &W Fonslorm Vacation App. Tr. 0thor

Air tool man ------.------$2.76 ...... A sphalt heaterm an ------A sphalt raker ------2.5 ...... Batching plant scalem an ------3.25- ...... C arpenter ...... ------...... C arpenter helper ------3.503.50------...... •...... =...... Concrete finisher (paving) ------3.50 ...... Conreto finisher helper (paving)...... 2.85 ...... Concrete finisher (structures)...... 3.50 ...... Concrete finisher helper (structures)...... 2.50 ...... 5...... Form builder (structures)...... 3.50 ...... __ Form lner (paving and curb)...... 3.50 ------...... Form setter (structures) ------3.50...... Form setter helper (structures)...... 3.00 ...... Laborer, conum on------2.00 ...... 2.5 ...... 3.50 ...... 2. 85 ...... ipolayer .. lity man------...... 275 ...... Pipelyer helper ---.---...... ------3.00 ...... "-...... 230 ...... Reinforcing steel setter (structures) ------3.00 ...... Spreader box man ...... 2.75 ...... Power equipment operators: A sphalt distributor ...... 2.77...... _ _.. Asphalt paving machino ------3.25 .2...... B ulldozer, 150 h.p. and less--...-.------...... 3.00...... Bulldozer, over 150 h.p ------.------3.25 ...... C ra n e, cla msh ell, b a c k h oe , d errick , d ra glin e , sh o vel (less tha n 1Y eu . y d s.) ...... ---...... 3.0 ...... --.. Crane, clamshell, backhoe, derrick dragline, shovel, (Ir eu. yds. and over) ...... 3.-6 ...... I.... F ro n t e n d lo ad er (2 4 enu . y d s. an d less) ...... 2...... Front end loader (over 2 j eu. yds.) ...... 3.00 ...... - -.1 M otor grader operator, fine grade ------3.0...... M otor grader operator-..------...... 3.25 -...... _. ._ _ Roller, steel wheel (plant-mix pavements) ------3.051...... Roller, steel wheel (other-fiat wheel or tamping) ------2.50 -- ...... R oller, pneum atic (sell-propelled) ------2.50...... Scrapers (17 eu. yds. and less) ------Scrapers (over 17 ue.yds.) ----...... ------...... 3.15...... _...... Self-propelled ham m er ---.------...... 2.5...... Tractor (crawler typo 150 h.p. and less ------2.76 ...... _ Tractor (crawler type) over 160 h.p ------too ...... Tractor (pneumatlc) 80 h.p. and less ------2.50 ...... Tractor (pneumatic) over 80 h.p...... 3.25 ...... Truck drivers: Single axle, light ------...... -...... ------2.25 _...... Single axle, heavy ------%,25 ...... Tandem axle or semitrailer.---..------...... 2.25...... Welder ------3.256......

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 2721

Surreaesra D srnois--Contnui1 State: Teas; Counties: Anderon, Angelm, Cherokce, Hendersn. Eou ton,3a'p:r, Nacoplc:h ', Ne,,-.n, ra.is, P2., S-Ues-, Sn Au u i" San I Into, ShcPhy, Trinty, and Tyler. Dlecision No. AM-11,210; Date ordeclsion:'Feb. 4,197. Supersedes Decision No.A.-,W9, dated Aug. 25, 19I, in 36 P.R. 1675M. Description of work: Highway eonstruction. 111-Texas-ML

13--b Frin0 L:nIl p ast3 Claificatlon hosurly rates u & w rc=:-,a 'VzcatL-a App. Tr. 0th::

------...... -.-- 2.--5 AAsphalt sphalt rakerheaterma------.. - --.------.- - . -....- -. ....-. - ..- -..- 1 . A a ltinshve sler~------..-.-.------...... -- o. ....

Carpenter helper ------r------... . -- Concrete finisher (paving) ------....------...... ------....---- ...... 3.F5 ...... Concrete finisher helper (paving) ...... -5- Concrete finisher (stractures) ...... 3 .. . Concrete flnp helper ...... rhsf tt uc-n mr.n) ...... - - - - Concrete Tubber ------3.- F buin-er emaes)------...... -- --- 3... F orm ------rm -ct---...... 3.W . Fo msetrett----er------h------per------epesstu tues- --- 1r- ...... L aborrommonm ...... 2.03 ------...... Laborer, utility Inn . 2 ...... M echaic helper ...... Mechanic hep------. 2- Oiler ------D Painter (structures) ------4. CU Pipelayer ------3W .. ... Pipelayer helper------C ----- Reinforcing steel setter (structures) ------2.C5 . - Reinforcing steelsetter elper -...... -.------.--...... -...... 5 ...... Spreader box man ...... 3.00 ------"- Power equipment operators: Asphalt distributor ------...... 3 1 ...... Asphalt paviun machlne ------...... 3.W ...... Bulldozer, 150 h.p. and les ...... ------. 3.0 Bulldozer,over 150b.p ------3 . -...... Crane, clamshell, backhoe, derrick, dragline, shovel (less than l, Cu. yd.) ...... - - --.... . Crane, clamshell, backboe, derrick, drallne, shovel (Ipl cu. yd&and ovr) ...... 3.0 Front endloader (2 cu. yd. and less) .------3.0 Front end loader (over 2Y2 cu. y&) ------.------...... 3 . Motor grader operator, fine grade- ...... --.------...... - 3.75 Meotorgrader operator ------...... 3..0 Roller, steel wheel (pant-mIx pavements) ------...... ------2.75 - Roller, steel wheel (other-flat wheel or tamplng) ------..------2. Roller, pneumatic (self-propelled) ------..- ...... Scrapers (17c. yd.and less)------...... 75 Scrapers (over 17c .yd.)------3.0 ... Tractor (crawler type) 150 h.p. and less ------. Tractor (crawler type) over 150 h.p ------...... Tractor (pneumatic) 1)h.p. and less ------.------2.. Tractor (pneumatic) over h.p .------...... ------.-... . -. Traveling ..------.------ixer . 2. Trenching machine, light ------: 3.03 Truck drivers: Single axle, light ------;. .2.2...... Single axle, heavy ------...... ------=0...... o .... Tandem axlo or semitrailer ...... 2.V" - owboy-float ...... ------...... 3 ...

State: Texas; Counties. Brazes, Burleson, Grimes, Leon, Madison, 31iam, RolcrLan, Walker, and W=lrcaton. Decision No. AM-11,400; Date of decision: Feb. 4.191M. Supersedes Decision No. AM--3,570, dated Aug. 2, 1071, In W4F.R. 167. Description of work: Highway construction. 25-Texas-3f.

M.a 'rlnF-ltcnfl Payma=t Clasdilcation hourly raleS3 & W rcezrc3 Vczatln App. Tr. 0t-r

A ,ol,,lt 1,htr.,,n C, CS

Carpenterhelper ------...... ------...... Conerete finisher (pavlng) .- ..------. .------Concrete finisher helper (pavine) ------3.00.3.--3.. Concrete finisher (struetures) ------Concrete finisher helper (structures) ...------. ------. - ..------Concrete rubber...... -- -- ...... 3.c.60W ------Electrliin ------Form builder (structures) ------.-.------.. ---...... ------Form builder helper (structures)...... 3.2).159 Formliner (paving and curb) ------Form setter (structures).-...... ------...------.-----.. 3.2 Form setter helper (structures) ...------" 49 Laborer, common ------.------Laborer, utility man ...... 2.15 ..... Mechanie .------213. Mechanic helper------Oiler ------.------Painter (structures) ------Reinforcing steel setter (structures) ------.... ----- Reinforeing steel setter helper------.-.-.-...... Power equipment operators: Asphalt pavingdistributor machine -.------....------...... Bulldozer, 15D .p -. ...------B ulldozer, overl1G9b.p...... __ Concrete paving curing machine ------.....- . Crane, clamshell, backhoe, derrick, dragline, shovel (less thsn IM cu. ys.)-

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 2722 NOTICES

StrrRSEDEs DEcsisoNs-Centinued

Bic! Fringe benefits payments Classification 'Phourlyrates 1 S. W Pensions Vacation App. tr. Oilt Power equipment operators-Continued Crane, clamshell, backhoe, derrick, dragline, shovel (lV eu. yds. and over) ...... 3.50 ...... Crusher or screening plant operator ...... 3.10 ...... 4.75 ------_ ...... Foundation drill operator (truck mounted) ...... 2.76 ...... Foundation drill operator helper ...... Front end loader (2Yz CU.yds. and less) ...... 2.80 ...... ---. Front end loader (over 2Y2 eu. yds.) ...... 3.00 ------...... Motor grader operator, fine grade ...... 3.0 ...... _ Motor grader operator ...... 325 ...... Roller, steel wheel (plant-mix pavements) ...... 2.0 ...... Roller, steel wheal (other-flat wheel or tamping) ------2.0 ...... Roller, pneumatic (self-proealled) ...... 2.00 ...... Scrapers (17 cu. yds. and less) ...... 2.70 ...... Scrapers (over 17 eu. yds.) ------3.00 ...... Slip form paving operator ------3.50 ...... Tractor (crawler type) over 150 h.p...... 3.25...... Tractor (pneumatic) 80 h.p. and less ...... 2.0...... Tractor (pnewnatic) over 80 h.p ------3.0...... T raveling m ixer ------.------...... Wagon drill, boring machine or post hole driller operator ...... Truck drivers: Single axle, light ...... Single axle, heavy ...... 2.20 ...... Tandem axle or semitrailer ...... 2.25......

State: Texas; Counties; Brazoria, Fort Bend, Galveston, farrls, Matagorda, Montgomery, Waller, and Wharton. Decision No. Aid-ll, 401; Date of decision: Feb. 4,1972. Supersedes Decision No. AMI-3,571, dated Aug. 25,1971, In 36 F.R. 16791. Description of work: Heavy and highway construction. 14-Texas-3.

Basic Fringe benefits payments Classification hourly rates H & W Pensions Vacation App, Tr. Oilir

A ir to ol m an ...... ---- ...... $2.80 ...... Asphalt heatrman ------...... 2.85 ...... A sphalt raker ...... 3.00 ...... Asphalt shoveler ------.------...... 2.50 ...... Batching plant scalem an ...... ------...... 2.00 ...... Carpenter ...... 4.00 ...... Carpenter helper ...... Y75 ...... Concrete Ilnsher (paving) ...... 3. 75------Concrete finisher helper (paving) ...... 2.75 ...... Concrete finisher (structures) ...... 3.45 ...... Concrete fin sher helper (structures) ...... 3.00 ...... Concrete rubber ...... 3.00 ...... Electrician ...... 5.50 ...... Form builder (structures) ...... 3.50 ...... Form builder helper (structures) ------.55...... Form liner (paving and curb) ...... 3. 05 ...... Form setter (paving and curb) ...... 3.45 ...... Form setter helper (paving and curb) ...... 2.75 ...... Form setter (structures) ...... 3.75...... Form setter helper (structures) ...... Laborer, common ...... 2.2C5 ...... Laborer, utility man ...... M anhole builder, brick ...... 4Z ...... ------...... - - - .------1---- Mechanic ...... 3.10 ...... Mechanic------helper ...... 2.1 ...... O iler 3.10 ...... Serviceman ...... 3.10 ...... Painter (structures) ...... 90 ...... Fainter helper (structures) ...... -...... 2.80 ------...... Piledriverpzan ...... --...... 3.0 ...... Plpelayer ...... 3.00 ...... _...... ripelayer helper ...... Z75 ...... Reinforcing steel setter (paving) ...... 3.00 ...... __ _ ------..... Reinforcing steel setter (structures) ...... 2.50 ...... Reinforcing steel setter helper ...... 3.90 ...... Steel worker (structural) ...... 2 5 ...... ------.... teel worker helper (structural) ...... 3.90 ...... - Spreader box man...... -...... 3.50 ...... Power equipment operators: 3.75 ...... _._ _ Asphalt distributor ...... 3.25 ...... Asphalt paving machine ...... 3.20 ...... _ ...... ---. - B ulldozer, 150 b.p. and less ...... 3.25 ...... Buildozer, over 150 h.p ...... 3.50 ...... Concrete paving curing machine ...... 3-5 ...... ------Concrete paving finishing machine ------.------3.35 ...... Concrete paving longitudinal float ...... 3.25 ...... Concrete paving mixer ...... 3.75 ...... -...... Concrete paving spreader ...... 3.50 ...... Crane, clamshell, sackhoe, derrick, dragline, shovel (less than 1!12eu. yd.) ------...... a.5o---...... -.....-_ _ - _---- - Crane, clamshell, backhoe, derrick, dragline, shovel (l)4 cu. yd. and over) ...... 4. 0 ...... Crusher or screening plant operator ...... 325 ...... Foundation drill operator (crawler mounted) ------...... 4.00 .------...... ------Foundation drill operator (truck mounted) - _ ...... Front end loader (2Y2eu. yd. and less) ...... 3.23 ...... ------.. Front end loader (over 2%-eu. yd.) ------3.50------.... ------Mixer (16 eu. yd. and less) ...... 3.5...... Motor grader operator, fine grade ...... 3.5....7...... Moter grader operator ...... 3. 5...0-...... Roller, steel wheel (plant-mix pavements) ...... 2.5 ...... Roller, steel wheel (other-flat wheel or tamping) ...... 2.75 ...... Roller, pneumatic (self-propelled) ...... 2.50...... -----...... _...... Scrapers (17 cu. yd. and less) ...... 3.00...... Scrapers (over 17 eu. yd.) ...... 3.25 ------...... Tractor (crawler type) 150 h.p. and le-s...... Tractor (crawler type) over 150 h.p ...... 3.00...... Tractor (pneumatic) 80 h.p. and less...... 2.40...... Tractor (pneumatic) over 80 h.p ------.....------. 2.55...... ------...... Trenching machine, heavy ------4.00...... Wagon drill, boring machine or post hole driller operator...... &3......

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 272)3

Surmznsxu Drcxsro.%s-Coutlnucd

Chlassication lnmfly Cte3 II &W Pc=ZIoC3 VanatIc App- tr. Otter

TruckSile driverm- axle. light ----- .-.-.-.-.-.-.-. --.------... ------Singl axle, heavy--... v.. ------... . 2.75 Tandem------.-.- or mxm------a------.------.- - 2. WelderW inch ...... -.------. . . . . - .It ... .

State. Texas Counties Chambers, Hardin. Sefferson. Librty, and Orange. Decision No. AM-11.40t Data ofdedslom Feb. 4. 192. Superes D eesion No. AM-,57Z dated Aug. Z1,1971, Inj F.R. "1O7T2- l?-TexssOescriptiono work highway oustuctions.

C laifiration FLowly ra!t I & W P1caf Vamtlns App. Tr. Oth-r

Airt o m n ------a------0

Conrxete Roister (p Concrete finisher b Concr-ete lnisher (s Concrete finisher b( Concrete rubber__ Eiectrician_ ...... Form builder (strac Form liner (paving Form setter (pavin Form setter helper I Form setter (structr Form setter helper I Laborer. comonilL. -- Laborer, utility mai Mecbhnnic ...... Oiler ...... Painter (strntures),

Steelworker (stractar l).....- Spreader box man. Power equipment operatonc Asphalt distributor -----..... 3.&9 Asphalt paving machine .------Bull dozer, 150 h.p. and less-.. Bulldozer, over 150 h .. A CT

Crane, cimsneil, batkhoe, derrick, dragline, shovel (lcss than 1)j ea. yd.) Crane, clamshell, bhacihne derrick, dragline, shovel tlY cn. yd. and over).... Front end loader (2X ca. yd. and I s)s) Front end loader (over 22 cu. yd.) ------.------.. . . Motor grader operater, fine grade...... ------..... Motor grader operator----...... - Roller, steel wheel (plant-mix )- Roller, steel wheel (othe e ortp ...... 3.75---- Roller, pueumatic (s- pro--e-...... -- Scrapers (over 17 ca yd.) ------.-.-.-.. -.-.-.------...... 3.75 T ractor (craw ler typo ) ov er 159 h .p ------...... 2.'n ...... Tractor eumatic) h.p. and Tractor over ...... -pneumatic)---- Track drivers 3.75 ------

[FE 3DOz.72-1507 Filed 2-3-72;8:43 am)

Wage and Hour Division izing the employment of learners at cates not issued under the supplemental hourly wage rates lower than the mini- industry regulations are as listed. CERTIFICATES AUTHORIZING THE mum wage rates otherwise applicable un- Apparel Industry LearnerRegulations EMPLOYMENT OF LEARNERS AND der section 6 of the act. For each certif- (29 CFR, 522.1 to 522.9, as amended and STUDENT WORKERS AT SPECIAL cate, the effective and expiration dates, 29 CFR 522.20 to 522.25, as amended. MINIMUM WAGES number or proportion of learners and The followin- normal labor turnover the principal product manufactured by certificates authorize 10 percent of tha Notice is hereby given that pursuant the establishment are as indicated. Con- to section 14 of the Fair Labor Stand- total number of factory production ditions on occupations, wage rat-,, and workers except as otherwise indicated. ards Act of 1938 (52 Stat. 1060, as learning periods which are provided in amended, 29 U.S.C. 201 et seq.) and Ad- Anthraclte Sirt Co. Sloamo!lIn, Pa.: 12- certificates issued under the supplemen- 1-71 to 11-20-72 (men's ministrative Order No. 621 (36 FR. tal industry regulations cited In the cap- and boys ' dres- 12819) the firms listed in this notice have Lchbirs). tions below are as estabIlhed In thoze Blanchard Shirt Corp.. ountain View, been issued special certificates author- regulations; such conditions In certifi- Ar.; 11-20-7I to 11-25-72 (men's shirts).

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBWRUARY 4, 1972 2724 NOTICES

Charles eyers & Co., Belleville, Ill.; 11- Walhalla Garment Co., Walhalla, S.C.; 11- n. B. Tobacco Corp., Caguas, P.R,; 10-27- 28-71 to 1--27-72 (men's pants). 15-71 to 11-14-72 (women's dresses). 71 to 10-26-72; 10 learners for normal labor Connellsvltle Sportswear Co., Connellsville, Warner's, Barbourville, Ky.; 11-21-71 to turnover purposes In the occupation of ma- Pa.; 12-5-71 to 12-4-72 (men's and boys' 11-20-72 (women's corsets and brassieres). chine stripping, for a learning period of 10 trousers). Warsaw Manufacturing Co., Kingstree, hours at the rate of $1.32 an hour (Tobacco). Farmville Division of U.S. Industries, Inc., S.C.; 11-29-71 to 11-28-72 (women's capris, Rio Grande Manufacturing Corp., Rio Farmville, N.C.; 11-26-71 to 11-25-72 (ladies' shorts, and jamaicas). Grande, P.R.; 11-22-71 to 11-21-72; 10 learn- slacks, shorts, and Jeans). ers for normal labor turnover purposei in Frangle, Inc., Hazleton, Pa.; 12-4-71 to 12- The following plant expansion certifi- the occupations of sewing machine operating 6-72 (children's polo shirts). cates were issued authorizing the number and final pressing, each for a learning period Franklin Ferguson Co., Inc., Florala, Ala.; of learners indicated. of 320 hours at the rate of $1.14 an hour 12-19-71 to 12-18-72 (men's and boys' Barad & Co., Rolla, Mo.; 11-22-71 to 5-21- (men's cotton shorts). shirts). 72; 15 learners (women's sleepwear). Garan, Inc., Philadelphia, Miss.; 12-15-71 to The following student-worker certif- Ruda Corp., Wiggins, Miss.; 12-13-71 to 6- icate was issued pursuant to the regula- 12-14-72 (boys' pants). 12-72; 10 learners (men's shirts). Gattman Sportswear, Inc., Gattman, Miss.; Salant & Salant, Inc., Loretto, Tenn.; 12- tions applicable to the employment of 12-8-71 to 12-7-72 (men's, boys', and ladies' 9-71 to 6-8-72 (men's and boys' jeans and student-workers (29 CFR 527.1 to 527,9), dress and casual slacks). shirts). The effective and expiration date, occu- The Hercules Trouser Co., Hillsboro, Ohio; pations, wage rates, number of student- 12-1-71 to 11-30-72 (men's and boys' pants). Glove Industry Learner Regulations workers, and learning periods for the The Hercules Trouser Co., Manchester, (29 CFR 522.1 to 522.9, as amended and certificate issued under Part 527 are as Ohio; 12-1-71 to 11-30-72 (men's and boys' 29 CFR 522.60 to 522.65, as amended). pants). indicated below. Industrial Garment Manufacturing Co., Er- Good Luck Glove Co., Metropolis, Ill.;11- Grand Ledge Academy, Grand Ledge, Mich,; win, Tenn.; 12-12-71 to 12-11-72 (men's work 15-71 to 5-14-72; 20 learners for plant ex- 12-1-71 to 9-31-72; authorizing the employ- pants and shirts). pansion purposes (work gloves). ment of: (1) 40 student-workers In the Lismore Manufacturing Corp., Fall lver, Good Luck Glove Co., Rosiclare, Ili.; 11- woodworking Industry in the ocoupationo of Mass.; 12-1-71 to 11-30-72; 10 percent of the 8-71 to 5-7-72; 20 learners for plant ex- woodworking machine operator, assembler, total number of factory production workers pansion purposes (work gloves). furniture finisher and related skilled and engaged in the production of women's and Lambert Manufacturing Co., Inc., Kirks- semiskilled occupations, for a learning period children's woven underwear and sleepwear ville, Mo.; 11-7-71 to 11-6-72; 10 learners of 600 hours at the rates of $1.4 an hour (women's and children's woven underwear for normal labor turnover purposes (work for the first 200 hours, $1.60 an hour for the and sleepwear). gloves). second 200 hours and $1.50 an hour for the McAdoo Manufacturing Co., lMfcAdoo, Pa.; remaining 200 hours; (2) 20 student-work- 12-6-71 to 12-6-72 (children's polo shirts). Hosiery Industry Learner Regulations (29 CPR 522.1 to 522.9, as amended and ers in the bakery industry in the occupation McNair Clothing Manufacturing Co., of baker trainee, for a learning period of Brownsville, Tex.; 12-10-71 to 12-9-72 (men's 29 CFR 522.40 to 522.43, as amended). 600 hours at the rates of 01.40 an hour for and boys' pants and shirts). Broadway Hosiery Mills, Inc., Asheville, the first 160 hours, $1.45 an hour for the Mitchell Manufacturing, Inc., Corinth, X.C.; 11-16-71 to 11-15-72; 5 percent of the second 150 hours, 01.60 an hour for the Miss.; 10-20-71 to 10-19-72 (men's shirts). total number of factory production workers third 150 hours and $1.65 an hour for the Monroe Industries, Inc., Tellico Plains, for normal labor turnover purposes (men's remaining 160 hours; and (3) 10-student- Tonn.; 12-15-71 to 12-14-72 (men's and boys' and boys' hosiery). workers In the cafeteria industry In the ocou- sport shirts). Wayne Knitting llls, Humboldt, Tenn.; pations of chef and baker trainee, for a learn- Quality Frocks Corp., New Bedford, Mass.; 11-11-71 to 11-10-72; 5 percent of the total ing period of 400 hours at thO rates of $1.40 1-75-71 to 12-14-72; 8 learners (ladies' number of factory production workers for an hour for the first 100 hours, $1.46 an hour dresses). normal labor turnover purposes (ladies' ny- for the second 100 hours, $1.0 an hour for Reltoo Manufacturing Co., Forrest City, lon seamless hosiery). the third 100 hours and $1.65 an hour for the Ark.; 11-12-71 to 11-11-72 (men's pants). remaining 100 hours. noxobel Garment Co., Roxobel, N.C.; 12- Knitted Wear Industry Learner Regu- 14-71 to 12-13-72; 10 learners (children's lations (29 CFR 522.1 to 522.9, as The student-worker certificate was is- dresses). amended and 29 CFR 522.30 to 522.35, as sued upon the applicant's representations Roydon Wear, Inc., MclRae, Ga.; 11-10-71 amended). and supporting materials fulfilling the to 11-9-72 (boys' trousers and outerwear statutory requirements for the Issuance shorts). Athens Lingerie Corp., Athens, Ala.; 11- Salant & Salant, Inc., Lexington, Tenn.; 25-71 to 11-24-72; 5 percent of the total of such certificates, as interpreted and 11-6-71 to 11-5-72 (men's and boys' pants). number of factory production workers for applied by Part 527. S1ant & Salant, Inc., Paris, Tenn.; 11-9- normal labor turnover purposes (women's Each learner certificate has been is- 71 to 11---72 (men's and boys' shirts). lingerie and sleepwear). sued upon the representations of the em- Samaria Garment Co., Inc., Middlesex, N.C.; , Lismore Manufacturing Corp., Fall River, ployer which, among other things, were 11-24-71 to 11-23-72; 10 learners (children's Mass.; 12-1-71 to 11-30-72; 5 percent of the that employment of learners at special and juniors' dresses and pantsuits). total number of factory production workers minimum rates Is necessary In order to Scott Co., Inc., Anderson, S.C.; 11-26-71 engaged in the production of women's and prevent curtailment of opportunities for to 11-25-72 (men's shirts). children's knitted underwear and sleepwear Shane Manufacturing Co., Inc., Evansville, for normal labor turnover purposes (women's employment, and that experienced work- Ind.; 12-9-71 to 12-8-72; 10 learners (men's and children's knitted underwear and sleep- ers for the learner occupations are not work clothes). wear). available. Any person aggrieved by the Shane Uniform Co., Inc., Evansville, Ind.; The following learner certificates were issuance of any of these certificates may 11-0-71 to 11-5-72 (men's and women's serv- seek a review or reconsideration thereof Ice apparel). issued in Puerto Rico to the companies within 15 days after publication of this The Shirtmaker Guild, Ltd., Easley, S.C.; hereinafter named. The effective and ex- notice in the FEDERAL REGISTER pursuant 11-8-71 to 11-7-72 (men's and boys' shirts). Spring City Manufacturing Corp., Spring piration dates, learner rates, occupations, to the provisions of 29 CFR 522.9. The City, Tenn.; 11-20-71 to 11-19-72 (ladies' learning periods and the number of certificates may be annulled or with- blouses). learners authorized to be employed, are drawn, as indicated therein, in the man- W. E. Stephens Manufacturing Co., Inc., ner provided in 29 CFR Part 528. Carthage, Tenn.; 11-8-71 to 11-7-72; 10 indicated. C.T.P. Divislon-General Cigar Co., Inc., Signed at Washington, D.C., this 21st learners (men's, boys', ladies', and girls' day of January 1972. Jeans). Caguas,P.R.; 10-23-71 to 10-22-72; 10 learn- Tri-County Shirht Co., Inc., Salem, Ark.; ers for normal- labor turnover purposes In the ROBERT G. GROIIEVALD, 12-17-71 to 12-16-72 (men's shirts). occupation of machine stripping, for a learn- Authorized Representative Venus Industries, Inc., Batesville, Miss.; of the Administrator. 12-2-71 to 12-1-72 (women's foundation gar- ng period of 160 hours at the rate of $1.32 ments and nlghtwear). an hour (tobacco). [FR iDoc.72-1644 Filed 2-3-72;8:40 am]

I FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES -9725

that protests to the granting of an appli- Blount; and note 3-Mississippi, all COMMERCE cation must be filed with the field official points in that part of State in and east INTERSTATE named in the FEoRA RGIsTEa publica- of the counties of George, Perry, Forrest. tion, within 15 calendar days after the Covington, Simpson, Hinds, Yazoo, COMMISSION date of notice of the filing of the applica- HolmeS, Leflore, Grenada, Yalobusha, ASSIGNMENT OF HEARINGS tion is published in the FEDERAL REGISTE. Lafayette, and Marshall. for 180 days. One copy of such protests must be served Supporting shipper: Joe M. Hambrick, FEBRUARY 1, 1972. on the applicant, or Its authorized repre- doing business as I & S Forwarding Co., Cases assigned for hearing, postpone- sentative, if any, and the protests must 2265 Vlstamont Drive, Decatur, GA ment, cancellation, or oral argument ap- certify that such service has been made. 30033. Send protests to: William L. pear below and will be published only The protests must be specific as to the Scroggs, District Supervisor, Bureau of once. This list contains prospective as- service which such protestant can and Operations, Interstate Commerce Com- signments only and does not include will offer, and must consist of a signed mission, Room 309. 1252 West Peachtree cases previously assigned hearing dates. original and six copies. Street NW., Atlanta, GA 30309. The hearings will be on the issues as pres- A copy of the application Is on file No. MC 111170 (Sub-No. 180 TA), filed ently reflected in the Official Docket of and can be examined at the Office of January 21, 1972. Applicant: WBIEL- the Commission. An attempt will be made the Secretary, Interstate Commerce ING PIPE LINE, INC., Post Office Box to publish notices of cancellation of hear- Commission, Washington, D.C., and also 1718,2811 North West Avenue, El Dorado, ings as promptly as possible, but in- in field office to which protests are to be AR 71730. Authority sought to operate as terested parties should take appropriate transmitted. a common carrier,by motor vehicle, over steps to insure that they are notified of MOTOR CARRIERS OF PROPERTY Irregular routes, transporting: Fertilier, cancellation or postponements of hear- dry, in bulk, from FYIars Point, Miss., to ings in which they are interested. No. MC 7228 (Sub-No. 42 TA), filed points in Arkansas, Missouri, and Ten- MC 134194 Sub 3, Norman C. Emerson. as- January 19, 1972. Applicant: COAST nessee, for 180 days. Supporting shipper: signed February 7, 1972, will be held in TRANSPORT, INC., 1906 Southeast 10th Coastal Chemical Corp., Post Office Box Room 2211B, John Fitzgerald Kennedy Building, Government Center, Boston, Avenue, Portland, OR 97214. Applicant's 388, Yazoo City, MS 39194. Send pro- Mass. representative: Nick L Goyak. 404 Ore- tests to: District Supervisor William L. MC 107515 Sub 780, Refrigerated Transport gon National Building, 610 Southwest Al- Land, Jr., Interstate Commerce Com- Co., Inc., assigned February 2. 1972. at der Street, Portland, OR 97205. Author- mission, Bureau of Operations, 2519 Fed- Atlanta, Ga., canceled and the application ity sought to operate as a common car- eral Office Building, 700 West Capitol. dismissed. rier, by motor vehicle, over irregular Little Rock, AR 72201. M 127450 Sub 7, T. G. Garland, doing busi- ness as B & W Freight Lines, assigned routes, transporting: Bananas, from No. MC 112822 (Sub-No. 222 TA), filed February 7, 1972, at Amarillo, Tex., can- points on the international boundary January 20, 1972. Applicant: BRAY celed and application dismissed. line between the United States and Can- LINES INCORPORATED, 1401 North MC 108297 Sub 21, Fox Transport System. ada, at or near Blaine, Sumas, and Little, Post Office Box 1191, Gushing, O1K assigned February 9, 1972, at Washington, Oroville, Wash, to points in Oregon and and transferred to Modified 74023. Applicant's representative: Joe D.C., canceled Washington, for 180 days. Supporting W. Ballard (same address as above). Au- Procedure. shipper: Chiquta Brands, Inc., 1250 MC--C-7602, Eastern Bus Lines, Inc.-Inves- thority sought to operate as a common tigation and Revocation of Certificates, Broadway, New York, NY 10001. Send carrier, by motor vehicle, over Irregular now assigned February 7, 1972, at Hart- protests to: District Supervisor W. J. routes, transporting: Cedar slats, from ford, Conn., postponed indeflnitely. Huetig, Interstate Commerce Commis- Gold Beach, Oreg., to Pine Bluff, Ark., for MC 32882 Sub 50, Mitchell Bros. Truck Lines, sion, Bureau of Operations, 450 Mut- 150 days. Supporting shipper: Oscar MC 83539 Sub 282, C & H Transportation nomah Building, 319 Southwest Pine Matlock, Materials Manager, Ben Pear- Co., Inc., now assigned February 14, 1972, Street, Portland, OR 97204. - at Seattle, Wash., canceled and reassigned son Archery-Consumer Division, Bruns- to February 14, 1972, at 9:30 aml. U.S. No. MC 35045 (Sub-No. 7 TA), filed wick Corp., 2912 West Second Street. - standard time, at the Thunderbird Motor January 19, 1972. Applicant: HORNE Pine Bluff, AR. Send protests to: C. L. Inn, 1401 North Hayden Island Drive, HEAVY HAULING. INC., 1124 De Kalb Phillips, District Supervisor, Interstate Portland, On. Avenue NE., Atlanta, GA 30307. Appli- Commerce Commission, Bureau of Op- M 119632 Sub 45, Reed Lines, Inc., assigned cants representative: E. G. Home (same erations, Room 240, Old Post Office February 29, 1972, at Columbus, Ohio, sought to Building. 215 Northwest Third, Okla- postponed indefinitely. address as above). Authority MC-F-11094. Navajo Frelght Lines, Inc.- operate as, a common carrier,by motor homa City, OK 73102. Investigation of Control-Garrett Freight vehicle, over irregular routes, transport- No. MC 127524 (Sub-No. 9 TA), filed Lines, Inc., MC-F-11198, Navajo Freight ing: Iron and steel articles in trucload January 17, 1972. Applicant: QUADREL Lines, Inc.-Control-Garrett Freight lots, on joint rates and routes only in BROS. TRUCKING COMPANY, INC., Lines, Inc., assigned February 8, 1972, at connection with a freight forwarder reg- Denver, Colo., is postponed to February 29, ulated under part IV of the Interstate 1603 Hart Street, Rahway, NJ 07065. Ap- 1972, at the Offices of the Interstate Com- Commerce Act, (a) from all points on plicant's representatives: Werner & Al- merce Commission, Washington, D.C. fano, 2 West 45th Street, New York, NY the Tennessee River in North Alabama 10036. Authority sought to operate as a [SEA.] ROBERT L. OSWALD, and east Tennessee, and from Nashville, Tenn., one the one hand, to all points in common carrier, by motor vehicle, over Secretary. irregular routes, transporting: Anhy- [FR Doc.72-1694 Filed 2-3-72;8:51 am] Florida, Georgia, South Carolina (points in note 1), and Tennessee (points in drous ammonia, in bulk, in tank vehicles, from Palmerton, Pa., to Staten Island, note 2), on the other; (b) between all N.Y., for 180 days. Supporting shipper: [Notie 171 points in Georgia, from points in Georgia, on the one hand, to all points in Ala- Merck Chemical Division, Merchk & Co., MOTOR CARRIER TEMPORARY bama, Florida, Mississippi (points in note Inc., Rahway. N.J. 07065. T. F. Diamond, AUTHORITY APPLICATIONS 3), South Carolina (points in note 1), Chief Rate Analyst, General Traffic De- and Tennessee (points in note 2), on partment. Sendprotests to: District Sup- JANUARY 31, 1972. the other; note 1--South Carolina, all erdisor Robert E. Johnston, Bureau of The following are notices of filing of points in that part of State in and south- Operations, Interstate Commerce Com- applications for temporary authority east of the counties of Spartanburg, mission, 970 Broad Street, Newark, NJ under section 210a(a) of the Interstate Union, Newberry, Richland, Calhoun, 07102. Commerce Act provided for under the Orangeburg, Colleton, and Charleston; No. MC 128866 (Sub-No. 31 TA), filed new rules of Ex Parte No. MC-67 (49 note 2-Tennessee, all points in that January 20, 1972. Applicant: B & B CFR Part 1131); published in the FED- part of State in and south of the coun- TRUCKING, INC., Post Office Box 128, ERAL REGISTER, issue of April 27, 1965, ties of Lawrence, Maury, Williamson, 9 Brade Lane, Cherry Hill, NJ 08034. Ap- These rules provide that protests to the Davidson, Wilson, Smith,. Putnam, Cum- plIcant's representative: J. Michael Far- effective July 1, 1965. These rules provide berland, Morgan, Anderson, Knox, and rell. Federal Bar Building, Washington,

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 No. 2---Ikt. Z1-32 2726 NOTICES D.C. 20006. Authority sought to operate Izing the transportation of household the Commission's rules of practice, par- as a contract carrier, by motor vehicle, goods, between Jeffersonville, Ind., on ticipants shall file an original and 32 over irregular routes, transporting: the one hand, and, on the other, points fully conformed copies of their briefs on Aluminum food containers, from thtr and places in Ohio, Missouri, Georgia, exceptions and their responses to briefs plantsites of Penny Plate, Inc., at Cherry Pennsylvania, Kentucky, Michigan, Illi- on exceptions. Hill, N.J., and Searcy, Ark., to the plant- nois, and Tennessee. Leon Seidman, 310 (2) Briefs on exceptions and responses site of Tennessee Foods, Inc., Rossvile, West Liberty Street, Louisville, KY to briefs on exceptions shall be governed Tenn., and the plantsite of Bama Pie Co., 40202, attorney for applicants.' by the Commission's rules of practice. Tulsa, Okla., for 150 days. Supporting No. MC-PC-73416. By order of Janu- The contents of such briefs shall conform shipper: Penny Plate, Inc., Post Office ary 28, 1972, the Motor Carrier Board particularly to the requirements of sec- Box 458, Haddon Field, NJ 08034. Send approved the transfer to Malven SkJol- tion 40(b) of the rules of practice, in- protests to: Richard AT. Regan, District dal, doing business as Skjoldal Trucking cluding the requirement that the discus- Supervisor, Interstate Commerce Com- Co., Lemmon, S. Dak., of the operating sion of evidence, reasons, and authorities mission, Bureau of Operations, 428 East rights in certificate No. MC-118997 is- shall be specifically directed to the find- State Street, Room 204, Trenton, NJ sued December 29, 1959, to Melvin Stew- ings, conclusions, and recommendations 08608. art, doing business us Stewart Trucking, in the initial decision to which exception Morristown, is taken. In addition, the briefs shall also No. MC 136347 (Sub-No. 1 TA), filed S. Dak., authorizing the be governed January 17, 1972. Applicant: CONTT- transportation of various commodities by the following rules: from and to specified points (a) When exception is taken to a NENTAL AUTOMOTIVE CORP., 2500 and areas in statement of fact contained in the Initial 83d Street, North Bergen, NJ 07047. Ap- Iowa, South Dakota, North Dakota, Mon- decision, reference plicant's representative: AT. R. Martinez tana, and Kansas. Ronald R. Johnson, also must be made to 310 Main Street, Lemmon, SD 57638, the page, exhibit, or part of the record (same address as above). Authority relied upon to support the exception; sought to operate as a contract carrier, attorney for applicants. (b) The Commission will disregard any by motor vehicle, over irregular routes, No. MC-FC--73425. By order of Janu- portion of a brief on exceptions, or a re- transporting: (1) Metal containers; (2) ary 28, 1972, the Motor Carrier Board spouse to briefs on exceptions, which fails metal container ends; and (3) acces- approved the transfer to Patrick S. Ru- to comply with section 34(c) of the rules series used in connection with the distri- bino and Joanne H. Rubino, apartner- of practice, requiring that briefs be com- bution of metal containers when moving ship, doing business as Menlo Movers, pletely self-contained and prohibiting in- with metal containers, from Danbury, Metuchen, N.J., of the operating rights corporation by reference of any portion Conn., to Brooklyn, N.Y.; and Orange, in certificate" No. MC-19141 issued of any other brief, pleading, or document. N.J. Restriction: The above requested June 9, 1941, to William Cohan, doing This provision shall not be construed as authority is restricted to the perform- business as William Cohan Co., Newark, a waiver of the Commission's right to dis- ance of services under contract with Na- N.J., authorizing the transportation of regard any portion of a brief for failure tional Can Corp., for 180 days. Support- household goods, between points in Essex to comply with any other requirement of ing shipper: National Can Corp., 2200 County, N.J., on the one hand, and, on Its rules of practice or of this order. East Adams Avenue, Philadelphia, PA the other, points in New Jersey, New (c) The Cost of Living Council has in- 19124. Send protests to: District Super- York, Pennsylvania, and Connecticut. dicated that this Commission should visor Robert E. Johnston, Bureau of Op- Robert B. Pepper, Registered Practi- consider certain criteria under the Eco- erations, Interstate Commerce Commis- tioner, 174 Brower Avenue, Edison, NJ nomic Stabilization Program In review- sion, 970 Broad Street, Newark, NJ 07102. 08817, representative for transferee, Her- ing the rate increases which are pending By the Commission. man B. J. Weckstein, 60 Park Place before the Commission In the aboVe Newark, NJ 07102, attorney for trans- docket and which have not heretofore [sEAL] ROBERT L. OSWALD, 1 feror. been placed into effect, Accordingly, in Secretary. order to assist the Commission in report- [PR Doc.72-1693 Piled 2-3-72;8:51 am] [SEAL] ROBERT L. OSWALD, ing to the Cost of Living Council, the Secretary. briefs may discuss whether these pro- [MR Doc.72-1692 Filed 2-3-72;8:50 am] [Notice 101 posed increases satisfy the following criteria: MOTOR CARRIER TRANSFER (I) That increases do not reflect or PROCEEDINGS allow for future Inflationary expecta- POSTAL RATE COMMISSION tions, but that the increases take account Synopses of orders entered pursuant (Docket No. 171-1; Order 27] of known changes; to section 212(b) of the Interstate Com- (i) That the Increases reflect produc- merce Act, and rules and regulations CHANGES IN RATES OF POSTAGE AND tivity gains; prescribed thereunder (49 CFR Part FEES FOR POSTAL SERVICES (ii) That increases are necessary to 1132), appear below: assure continued adequate service and As provided in the Commission's spe- Order Establishing Procedure Subse- provide the necessary expansion to meet cial rules of practice any interested per- quent to Presiding Officer's Initial future needs; son may file a petition seeking recon- Decision (v) That rate increases may be per- sideration of the following numbered FEBRUARY 2, 1972. mitted for full recovery of cost. proceedings within 20 days from the date Request of the U.S. Post Office Depart- (d) The number of pages for a brief of publication of this notice. Pursuant to ment for recommended decision on on exceptions or a brief in response to section 17(8) of the Interstate Com- changes in rates of postage and fees for briefs on exceptions is limited as follows: merce Act, the filing of such a petition postal services, DOcket No. R71-1. (I) For the Postal Service, 75 pages; will postpone the effective date of the Anticipating the issuance of the Pre- _(it) For the Litigation Division, 75 order in that proceeding pending its dis- siding Officer's initial decision, the Com- pages; position. The matters relied upon by pe- mission hereby adopts certain procedures (liI) For any other participant, 50 titioners must be sp6cified in their pe- to facilitate the decisional process. pages. titions with particularity. The Commission orders. (1) Within 15 (3) Oral argument shall commence be- No. MC-FC-73406. By order of Janu- days after the date of issuance of the fore the Commission at 9 a.m., March 15, ary 28, 1972, the Motor Carrier Board Presiding Officer's initial decision, any 1972, in the Commission's hearing room. approved the .transfer to J. J. Carter & participant in this proceeding may fie Any participant who wishes to present Son Moving & Storage of Indiana, Inc., with the Commission a brief on excep- oral argument to the Commission shall Jeffersonville, Ind., of the operating tions to that initial decision. Within 15 notify the Secretary In writing on or rights set forth in certificate No. MC-. days after the finar date for the filing of before the 'final date for the filing of 92275, issued May 4, 1942, to Clyde W. briefs on exceptions, any participant may Same, doing business as William H. file a response to briefs- on exceptions. 'Appendix filed as part of the orlginal Same & Son, Jeffersonville, Ind., author- Notwithstanding any other provision of document.

FEDERAL REGISTER, VOL. 37, NO. 74-FRIDAY, FEBRUARY 4, 1972 FEDERAL REGISTER 2727 briefs on exceptions. In requesting oral exemptions provided by section 203(f) of other documents, and to administer argument, parties with substantially like the Act. oaths, all in accordance with section 206 interests are encouraged to group them- 3. In addition to the authority dele- of the Act, for any purpose related to the selves for a single presentation. gated by Order No. 3. and continued by Act. (4) The Secretary shall allocate time this order, the Chairman of the Pay 3. This order shall be effective as of for" oral argument and promptly notify Board, or his duly authorized agent, shall December 22, 1971. the participants of the allocation. For have the authority to sign and Issue sub- By direction of the Council. this purpose, the Secretary may group poenas for the attendance and testimony parties with substantially like interests of witnesses and the production of rele- JoHN B. CorNmLT., so that oral argument will proceed vant books, papers, and other documents, Chairman. expeditiously. and to administer oaths, all in accord- JFR D)o.72-1I93 Filed 2-3-72;11:15 am] ance with section 206 of the Act, for any By the Commission. purpose related to the Act. [SEAL] GORDON M. GRANT, 4. This order shall be effective as of iOrdersl Secretary. December 22,1971. SECRETARY OF THE TREASURY [(FR Doc.72-1798 Filed 2--3-72;10:29 am] By direction of the Council. Delegation of Authority Regarding JoHN B. CONNALLY. Implementation of Stabilization of Chairman. Prices, Rents, Wages, and Salaries COST OF LIVING COUNCIL [FR Doc.72-1800 Filed 2-3-72;11:15 am In view of the changes nade in the [Order No. 61 Economic Stabilization Act of 1970, as (Order Vlo. 71 amended (hereinafter the Act), by the CHAIRMAN, PAY BOARD enactment of the Economic Stabilization CHAIRMAN, PRICE COMMISSION Act Amendments of 1971, the Cost of Delegation of Authority, Regarding Living Council has determined that it Stabilization of Wages and Salaries Delegation of Authority Regarding would be appropriate to reafirm, and Stabilization of Prices and Rents clarify the authority of the Secretary In view of the changes made in the of the Treasury with respect to imple- Economic Stabilization Act of 1970, as In view of the changes made in the mentation of stabilization of prices, amended (hereinafter the Act), by the Economic Stabilization Act of 1970, as rents, wages, and salaries. Pursuant to enactment of the Economic Stabilization amended (hereinafter the Act), by the the authority vested in the Council by Act Amendments of 1971, the Cost of enactment of the Economic Stabilization section 4 of Executive Order No. 11640, Living Council has determined that it Act Amendments of 1971, the Cost of it is hereby ordered as follows: would be appropriate to reaffirm and Living Council has determined that it 1. The delegation of authority to the clarify'the authority of the Pay Board would be appropriate to reallnrn and Secretary of the Treasury contained in with respect to the stabilization of wages clarify the authority of the Price Com- Cost of Living Council Order No. 5 is and salaries. Pursuant to the authority mission with respect to the stabilization hereby realfirmed and continued. vested in the Council by section 4 of Ex- of prices and rents. Pursuant to the au- 2. In addition to the authority dele- ecutive Order No. 11640, it is hereby thority vested in the Council by section gated by Order No. 5 and continued by ordered as follows: 4 of Executive Order No. 11640, It is this order, the Secretary of the Treasury, 1. The delegation of authority to the hereby ordered as follows: or his duly authorized agent, shall have Pay Board (established by section 7 of 1. The delegation of authority to the the authority to sign and issue subpenas Executive Order No. 11627) contained Price Commission (established by sec- for the attendance and testimony of wit- tion 8 of Executive Order No. 11627) nesaes and the production of relevant in Cost of Living Council Order No. 3 is contained in Cost of Living Council Or- books, papers, and other documents, and hereby reaffirmed -nd continued, subject der No. 4 is hereby reaffirmed and con- to adminiter oaths, all in accordance to the provisions of the Act. tinued. with section 206 of the Act, for any pur- 2. Without limiting the general dele- 2. In addition to the authority dele- pose related to the Act. gation of authority in Order No. 3, the gated by Order No. 4 and continued by 3. This order shall be effective as of Pay Board shall take the actions and this order, the Chairman of the Price December 22, 1971. or Commission, or his duly authorized By direction of the Council. make the determinations, required agent, shall have the authority to sign permitted by section 203(c) and section and issue subpoenas for the attendance DoNAn RuXssD 203(g) of the Act and shall, to the extent and testimony of witnesses and the pro- Director. necessary or appropriate, implement the duction of relevant books, papers, and [FR Doc.72-1801 Filed 2-3-72;11:15 am]

FEDERAL REGISTER, VOL 37, NO. 24--IIDAY, FEBRUARY 4, 1972 2728 FEDERAL REGISTER

CUMUEATIVE LIST OF PARTS AFFECTED-FEBRUARY 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 February.

3 CFR Page 14 CFR Page 22 CFR Pago PROCLAMATIONS: 39------2498,2570,2662 41...... 2439 2761A (see Proc. 4102) ------2417 71 ------2570-2572 2929 (see Proc. 4102) ------2417 73 ------2499 24 CFR 2499,2500,2572 3140 (see Proc. 4102) ------2417 75------600 ------2665 3967 (see Proc. 4102) ------2417 95------2573 1914 ------97 2662 2505 4102- 2417 1915 ------2505 4103-__- 2489 121 ------2500 4104- 2643 221 ------...... ----- 2664 241 ------2501 25 CFR EXECUTIVE ORDERS: 221 ------2506 11248 (amended by EQ PROPOSED RULES: PROPOSED RuLEq: 11641) ------2421 61 ------2523 11568 (see EO 11642) ------2565 2523 -7 43h ------2679 11641------2421 1------2524,2587,2682,2683 11642 ------2565 103------2587,2588 26 CFR NTS OTHER 121------2523 1 ------2506 PRESIDENTIAL DOCU 127 ------2523 THAN PROCLAMATIONS AIM 183------2523 301 ------2481,2500 EXECUTIVE ORDERS: 29 CFR Memorandum- of January 27, 15 CFR 1972 ------2567 1904 ------2439 377 ------2430 5 CFR PROPOSED RULES: 16 CFR 460 ------2443 213 ------2423, 2491 13 ------2575, 2576, 2578-2581 1926------2443 PROPOSED RULES: PROPOSED RULES: 900 ------2589 31 CFR- 432------2454 316 ------2554 6 CFR 17 CFR 101 ------2491, 2678 32 CFR 102 ---.------2478 PROPOSED RULES: 1801 ...... 2-0 ...... -2596,2598 2072 200 ------2479 1808 ------2673 311 ------.------2480 239 ------2596,2598 7 CFR 18 CFR 32A CFR 2502 Ch. X: 501...... 2423 01 Reg. 1 ------2439 502 ...... 2424 PROPOSED RULES: 706._.--. ..-...... 2491 101 ------2451 33 CFR 726 ------..... - -- 2496 104 ------2451 729...... 2645 105 ------2451 PROPOSED RULES: 811 2659 141 ------2451 110 ------2446,2447,2587 905------2660 260 ------2451 117------... 2521, 2522 907 ...... 2569 910_- 2426 19 CFR 37 CFR 1065 ------2497 PROPOSED RULES: 1871 ------2569 12 ------2430, 2665 1...... --- PROPOSED RULES: PROPOSED RULES: 2520 982_ 2515 1------2443 2509 993 ------2515 11 ------38 CFR 134------2509 1------2670 9 CFR 20 CFR 39 CFR 11 ------2426 614 ------2434 82 ------2429,2498 617 ------2434 Ch. I ...... ------2423 97- --...... ------...----2430 620 ------2684 113 ------2430 40 CFR 301 ------2661 21 CFR 311 ------2661 52 ------2581 315 ------2661 3 ------2503 85 ------2432 121_. 2437 106 ------2433 12 CFR 141c------2665 180 ------2676 146a ------2665 PROPOSED RULES: 2447 146c ------2665 41 CFR 529 ...... 146e ...... 2665 5A-8 ...... 2507 750 ...... 2594 148n ...... 2665 5A-73 ...... 2441 149a ------2438 13 CFR 8-14 ------2508 PROPOSED RULES: 8-74 ------2508 120 ...... ------2569 135 ..... 2444 14-10 ------2680 -FEDERAL REGISTER 2729

-43 CFR Page 46 CFR Page 49 CFR Page 2------2677 666 2681 2677 193 ------2682 PROPOSED RULES: PUBLIC LAND ORDER: 173 -2588 ;1r~i 2677 178______...... 2583 47 CFR 45 CFR 50 CFR 21 ------2583 33 .. 2441, 2502 PROPOSED R UL : PROPOSED RULES: 280 2516 220 ...... 2445 73------2524 PROPOSED RuLs: 9.9.9 2445 81 ------... ---- 2524 17- -_ _ 2589

LIST OF FEDERAL REGISTER PAGES AND DATES-FEBRUARY

Pages Date 2411-2482 ------Feb. 1 2483-2557 ------2 2559-2636 ------.....------3 2637-2737 ------4

FRIDAY, FEBRUARY 4, 1972 WASHINGTON, D.C.

Volume 37 N Number 24

PART i1

ENVIRONMENTAL PROTECTION AGENCY

MOTOR VEHICLES

Federal Certifccition Test Results for 1972 Model Year

No. _24--Pt. II1 2732 NOTICES pipe. To meet the evaporative emission of the emission control system to keep ENVIRONMENTAL PROTECTION standard, automobiles must be equipped emissions within the standards over the with systems to limit the loss of gasoline expected useful life of the vehicle. The AGENCY by evaporation from the carburetor and vehicles in this fleet are driven for 50,000 the fuel tank to less than 2 grams per miles and tested for compliance with the MOTOR VEHICLES test. regulations every 4,000 miles. The test Federal Certification Test Results for FEDERAL CERTIFICATION 'data from these two fleets are combined PROCEDURES in accordance with formulae specified in 1972 Model Year Under the provisions of the Clean Air the regulations, to determine compliance Section 206(e) of the Clean Air Act, it is unlawful to offer for sale new with the emission standards. If all the Amendments of 1970 directs the Ad- motor vehicles which are not in con- motor vehicles in an engine family so ministrator of the Environmental Pro- formity with Federal regulations. Prior tested are found to conform with the tection Agency to announce in the FED- to the beginning of each model year, regulations, the manufacturer is granted 'ERAL REGISTER the results of certification automobile manufacturers apply to the a Certificate of Conformity. Administrator of the Environmental Pro- tests conducted on new motor vehicles FEDERAL CERTIFICATION DATA to determine conformity with Federal tection Agency for a Certificate of Con- standards for the control of air pollution formity for each model they wish to pro- The average emission levels measured caused by motor vehicles. duce for that year. The Federal regula- for each model certified as of Novem- tions prescribe a number of requirements ber 9, 1971, for the 1972 model year are FEDERAL EMISSION STANDARDS which a manufacturer must meet before listed below. This data will be updated The standards that apply to the con- the Administrator will grant certifica- when the manufacturers whose certifica- trol of emissions from 1972 model year tion. tion is presently pending complete their vehicles were prescribed as regulations In advance of production, the manu- test programs. This listing should not be on November 10, 1970. These regulations, facturers are required to provide the Ad- construed as an endorsement by the En- appearing at 40 CFR Part 85, set maxi- ministrator with extensive test data vironmental Protection Agency of any mum allowable emission levels for new demonstrating the effectiveness of the manufacturer's vehicles or models. gasoline fueled heavy-duty engines (for- vehicle's emission control and the ability The detailed test results are now avail- use in trucks and buses), diesel fueled of the emission control system to remain able for public inspection at the office of heavy-duty engines (for use in trucks effective over the useful life of a vehicle Air Programs, EPA, 2565 Plymouth and buses), and gasoline fueled light- (50,000 miles). In addition to the sub- Road, Ann Arbor, = 48103, and may be duty vehicles (automobiles). Heavy-duty mission of test data on the prototype obtained upon written request to the Ad- gasoline fueled engines are required to test vehicles the manufacturers are re- ministrative Officer at the same addrets, meet emission standards of 275 parts per quired to deliver the test vehicles to the Requests should specify the vehicle of million (p.p.m.) for hydrocarbons (un- Federal Testing-Laboratory at Ann Ar- interest by make, model, model year, and burned gasoline) and 1.5 Percent for bor, Mich. At this facility the vehicles engine displacement. Fees for supplying carbon monoxide (a poisonous gas). are retested by Federal engineers to as- data will be charged according to the Heavy-duty diesel engines must meet sure conformity with the regulations. following schedule: Federal smoke emission standards of 40 The regulations require a manufac- 1. Search for records--$2.50 per one- percent opacity during acceleration and turer to test a selection of prototype half hour. 20 percent opacity during lugging. These vehicles which will represent the models 2. Reproduction, duplication, or copy- opacity standards limit the darkness of to be sold to the public. These vehicles ing of records-$0.20 per page. the exhaust smoke to a light gray haze. are grouped into two separate fleets. One 3. Certification of authentication of The standards for automobiles pro- fleet, known as the emission data fleet, records-$4 per certification. hibit all crankcase emissions, and limit is designed to reflect the emissions of The emission levels listed below sum- allowable exhaust emissions and evapo- relatively new vehicles. The vehicles in marize the test data developed in the rative emissions from the fuel system. The this fleet are driven for 4,000 miles, to certification program. exhaust standards allow 1972 automo- break in the engine and stabilize emis- biles to emit no more than 3.4 grams per sions; they are then tested. The second Dated: January 26, 1972, mile of hydrocarbons and 39.0 grams per fleet, known as the durability data fleet, Wn.LxIa D. RUCxEmSiAUS, mile of carbon monoxide from the tail- is designed to determine the capability Adminfstrator. 1972 MODEL YEAR LIGnT DuTy "VEscLrS

Certification levels Engine family Test vehicle Exhaust(ga1.mo emkslon EvaporalivomL.lon'l Manufacturer (models) (gmltces Displacement Family Engine Trans- Itydro- Carbon Ilydro. (cubic inches) designation Model displacement mission carbons monoxido carbons (cubic inches)

Alfa Romeo: Derlina (115.00) GT Veloco (115.01) Spider 119 'Fuel Injection. 2000 GT VE ------119.7 MS 2.37 17.14 (115.02). 2000 GT VE...... 119.7 M5 2.10 20.85 American Motors Corp.: Hornet, Matador, Gremlin, Matador Wagon, 232-268 I ------Hornet ...... 232 A3 2.40 2L71 Javelin, Ambassador. Gremlin ...... 232 M3 2.44 21.30 Matador ------258 M3 2C62 18.39 -----do...... 268 A3 2. 49 20.43 Hornet Matador, Gremlin, Ambassador, 304 H------do ------304 A3 2.05 2913 Javelin. Ambassador ...... 304 A3 2.36 31.23 JavelLn ...... 304 M3 2.35 27.07 Hornet, Amsbassador, Javelin, Ambassador 360-401 T------Ambassador ------350 A3 2 79 37.00 Wagon, Matador. Javelin...... 360 A3 2.47 17. 0 -----do ...... 350 M4 3.26 34.27 BrJtLsh-Loyland: MG Afidget ...... 77.9 'A'--- - Midget...... -...... -- 77.9 M4 2.74 21.75 0...... -do. 77.9 M4 1. t9 18.23 Spitfire ...... --...... 79 Triumph- Spitfire_...... 79 M4 2.01 21. 6O TO ------do ------. 79 M4 1.09 30.34 MOB Sports, MG1 OTT------109.6 '1B' ------MGB Sports ...... 109. 6 A14 2.14 20.83 do ------109.0 M4 1.4S 13.3& TRO, GTO ------_ ------122-152 Triumph...' TR6 -...... 152 M4 2.70 21.30 TB ------T R6 ------...... 152 M4 1.70 20.47 TB----T6GT6 ------...... 122 M,4 2.05 20 .M GT6_...... 122 M4 219 20.30 Stag ------183 Triumph ---- Stag ...... 183 314 2.63 17.69 TA ------do ...... 183 Auto 2 r5 32. G1

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 273

1172 MOxxr TCX LIG1-T DTT VEcrLES--Contlnued

Cell2=allcn Ieve E.ngn L~m LEhaust cmI.t!:n Ewapcatlvo Manufacturer (model) Tc(tgvan.: (torm'Zmf) emL-f_

Displacement Family rrtlr5 Trna.- Hydro- Carton Hydra- (cncbes) dcclgnanton Modl dLs.iz.r7t mtL-is carth3 mo=21i d cazbon, (Cub 0 Intcb-j

Brltish-Leyland-Continued Sagnar XY§ Sedan, .aguar XR-E SerlesIf 253 4.2L. -...... IaguarX -E ...... 0.23 32.)3 0.co jaguar .8 ...... 233 A3 1.3 27.47 0.0 "aguarXJl2Sedan,jaguarXX-E Serie III SVl,------gu-r2l XK-E ...... 2.43 2L47 0.C ,,.u AS 0.01 BMW: 2.0E3 W0.E0 200 2 tL_ ------.-...... 121.3 121------n-2 ...... 121.3 "it 2.22 22-43 Zr 2 ...... 121.3 211 10 27.21 12L3 IT1 1.91 31.23 0.32 121.3 A3 2.F3 37.05 1.i3 v-?2_£1...... 121.3 214 1.0G 19.3S 1.03 lL...... 121.3 213 2.05 23.C0 1.33 T02111...... 12L3 I1 3.13 3Z.21 0).42 Chrysler Corp.: m Valiant, Duster, Scamp, Dart, Demon. BI-MRn-- ...... = AS 2. C1 £0.01 0.C6 Swinger, Barracuda, Challenger, Satellite, = A3 2-47 £0.85 L57 Road Runner, Coronet, Charger, Fury, 1V 2 .nt...... 13 313 2.22 1&3. 0.12 Polara, Dodge Truck (D-100, W-100, -- do ...... 2.7a 2.23 L34 Sportsman, SportsmanWagonVan). 273 V1liiPlymouth...... A3 2.1-3 =24t 0.13 Corant ...... 2z M3 Valiant, Duster, Scamp. Dart, Demon, 318-14Z-310 LA ...... Fatclllto...... VallnL ...... 31S A3 2.092 0. 23 0.C9 Swinger, Barracuda, Cuda, Challenger. .ymouth...... f03 A3 Z.33 16-76 0.00 Satellite RoadRunnor, Coronet, Charge -3 ut W...... 313 A3 2.15 3.C3 0.29 Fury, Custom Suburban, Gran Coupe, doo...... 310 A3 2.00 13.71 0.21 Gran Sedan, Sport Suburban, Poara, Wagon...... 313 A3 2. 13 17.2 0.11 Monaco. Dodge Truck (D-100, W-100, 2.23 12.27 0.21 man,B-00, Wzan). Wagon, Sportsman, Van, Sports- B.3sportWoan ...... ZCEOA3 2.7 23.45 0.11 Satellite, Road Runner, Coronet, Charger. 40 B...... Clay!-ch-rzgia ...... 4W0 A3 2.70 17.10 0.13 Fury, Subnrban. Gran Coupe, Gran 4r0 A3 2.40 =276 0.15 Sedan, Poinra, Monaco. Newport, Town rlymouth...... 4f3 A3 L72 IL30 0.13 & Country,DodgoTruck (D-100). Ba racuda...... 57 37.S2 0.3I" Charp' ...... 1.40 27.133 Satellite, Road Runner. Charger, Fury. 440 RB.. Ch ...... - 40 A3 2.47 11.47 0.31 Suburban, Gran Coupe, Gran Sedan, 404r. ASIII 2.41 AM03 0.61 Polara, Monaco, Newport, New Yorke, Chryzler ...... 440 A3 1.27 3r 0.33 Town and Country, ImPeriaL CrnrL ...... 401 2,11 1.91 23.31 0.12 C...d ...... 4430 AS 2.30 29.85 0.07 Chrsr...... 4.9 AS L41 19. C-3 Chrysler United Xlngdom: Plymouth Cricket; Hi-Line, Lo-Line, Wagon. 4L41 CM--.... --CIcketB1 ...... L41 A 2.35 2G.30 0.10 01.41 211 LO 11.74 0.10 Citroen: DS21 Sedan, DS21 Station Wagon, D Special 10,z ... l; ...... 125 I11 2.1 27.97 0.0 Sedan. 1,. 5 A3 2.43 31.25 0.0 12L D5S cdan...... 1210 214 . C5 3.10 0.0 SM Coupe------...... ------103 A3 2.01 20.56 0.0 0.0 1___do__ ...... 105 215 IN) 13.21 Damler-BenzA-: 22018 ---. - .- .-.----- .- .-.-.-.------13 ...... S...... 3 1.0 21.1,5. 0.0 --- do ...... 131 A4 245 2D.40 0.) 25018, 250 Cs, 230 SE8 -...... 1-0.5TIT ...... 2S3 ...... 1HI. A4 1.C6 13.74 0.0 = S...... 10.5 AA 2.31 21.02 O's') 10.5 A4 3.X3 23.3. 0.03 15 IL ...... --SE-3 ...... 1C). 5 A4 291 15.S3 2S90SE-, 250 SEL-4., 300 SEL-4Z, 450 2.E3 20.23 . - .... 23 L...... 276 AS 2.7 4 3L P_ S2...... SE...... W!.3 A4 als 221.C3 2.43 21.21 IV------... L ...... W1.3 AA Ford Motor Co.- SOLSato...... 0.42 Pinto ....---. ....------C,3 M.4 3.21 2Ll2 0.0 .. r...... C3 AA 3.10 12 0 0.13 Pinto -.--...... ----- 12 2 ...... do...... d ...... 122 2Ii 3.W 29.3 120 A3 2.2f 23.00 .....do ...... 22, A3 215 2L34 Capri ...... -...... ---- ___o...... 1.3 A3 2.72 V. 19 U90-20017-----M-- .... Cpic...... do...... 113 "1 2.73 13.74 0.4= Maverick, Comet, BroW--....------2. 0 2.C-l ---do ...... 230 29.33 40 A3 2.43 W0.23 - coP...... 110 =1 2.7GT 2&21 1.020'. 4 F-100, E-10OVan, E-200 Van, Club Wagon------d ...... 2.31 310C- 2.13 23.0G2 0.1-1 259 ...... Iba ...... L72 21.72 .l-o ...... 23233AS .13 3.13 33.43 0.113 Torino, Marcrick, Montego, Montego Sta- Z) A3 ?.87 3-f tion Wagon, Mustang, Grande, Comet. rnco ...... 2. P2 19.13 0.1i 30 2 03...... Torln.E-OrN0...... "0 A3 2.23 Z3121 LSI F-09 Pilkup ------.. -3 2-13 2.13 31.0< Torano...... =.51 A3 2.Z5 30.53 Torino, Ranchero, Comet. Ford, LTD. 302 2Z03---..... 'Torino-...... M2 A3 1.002.'-3 12.0019-62 L'? Custom Ranch Wagon. Country Sedan, Tcorino S.aW... .ft' A3 LI Country Squire, Mustang, Grande, bMac TaOinC . W...... 'e' AS 2.72 37.25 I, Montego, Montego Station Wagon, Terlo ...... 2.CA 2.Z0 Maverick, E-103 Van, E-20 Van, Club ,?' AS 2.43 19.21 0.35C.,G3 Wagon, F-00, Bronco. M?2 11 .'3 23.0 0._C1 Mustang, Grande, Mach I, Cougar, Torino, 1 .i". To ...... 301 AS 2.93 23.1t2 Z.4 Ranchero, Montego. Montego Station Brian...... _Cu:rg...... 251 AS 2.41 20.74 1.021 Wagon, Ford, LTD. Custom Ranch 3511 TerCinor...... Ford...... C31 AS 2.40 1-9.Z1 Wagon, Country Sedan, Country Squire, Muln...... =0 AS Mercury Mionterey. 0.4) Mustang, Grande, Mach I. Mustang 110, 31 AS 1.03 2.3 1.1 Cougar, Torino, Ranhero, Monte.o, "l M11 3.43 23.0 Montego Station Wagon, Ford, LTD, W01 III 3.62 2-.73 Montego Station Wagon. 301 11 3. Z 13.00 0.0 Ford, LTD, Custom Ranch Wagon, orcury...... 301 AS 1.32 20.70 Country Sedan, Country Squire, Mercury .Ford...... LEO0 15.23 Monterey. 301 AS L7e 10.02

FEDERA. REGISTER, VOL 37, NO. 24--.IDAY, FEBRUARY 4, 1972 2734 NOTICES

1972 MODEL YrAn LienT DUTY VEICLE--ContinUtd

Certification levels Engine family Exhaust om.Kon Evaporative Test vehicle (gramsfmilo) nal. lonq Manufacturer (models) (gII1Jtc lt Displacement Family Engine Trans- Hydro- Carbol Idrc- (cubic Inches) designation Model - (ubicdLL lacemont Inches) mision earbons monoxide carbont

Ford Motor Co.-Continued F-100 ------380-390 380-390 ----- F-100 Pickup ------2.10 17.70 - do ------2.,03 20,.(,' do ------2.87 22.14 -----do ------2. 57 27. 5 Ford, LTD, Custom Ranch Wagon, Coun- 400 400 ------Ford ...... 2.30 23.4q try Sedan Country Squire, Torino, Mercury ------1.34 B0.10 Ranchero Mercury Monterey, Monterey -----do ------1.02 19.32 Station Wagon, Marquis Station Wagon, Torino Station Wagon.. 2,34 16,71 Montego, Montego Station Wagon, Thun- Ford ------1.30 27. 05 derbird. Mercury Monterey, Marquis Ford, LTD, 420-460 429-460 ------Mercury ------2.01 21.3 Country Sedan, Country Squire, TorinG, Ford ...... 2.21 23.73 Ranchero Montego, Montego Station Thunderbird ------2.73 25,30 Wagon, Lincoln Continental, Continental Lincoln ------3.05 19, .3 Mark IV. Mark IV ...... 2.9W 22, E3 Lincoln ------1.10 22.11 Ford Motor Co., Ltd.: Pinto ------98 1.0 ------Capri ------2.0 23.45 Cortina ------3,00 2.5 Pinto --- ...... ------.------122 2.0------Cap-ri ...... 2.39 30.78 do...... ----- 2.87 22.[5 Cortina ------2.84 32.75 ------_-do 2.32 20,Q5 General Motors Corp.: Opel, Opel 1900, Opel GT ...... 115.8 GM-01 ----- Opel 1000 ------115.8 M4 2,13 26,V5 do ...... ----- 115.8 M4 2.50 32.50 do ------115.8 A3 1.47 10.21 do ...... ---.- 115.8 M4 2,35 27.57 Vega 2300 Sedan, Vega Kammback Wagon, 140 GM-101 .----Vega Sedan. 140 M3 1.83 31.,0 Vega Panel Express, Vega 2300 Coupe. do ------140 A2 1.97 15.13 Vega Coupe ------140 M4 3.10 29. 50 do ------140 A3 1.7V5 22.47 do...... ----- 140 M4 2.46 21.7 Vega Kammnback ------140 A2 1. 28 10.11 Lemans Wagon Camaro, El Camino, 250 GM-102 .----Nova ...... 250 A2 1.58 10.53 Greenbriar, Bel Air, C-10 Blazer, P-10 C-10 Pickup ------230 M3 2:31 29.13 Step Van, (-30 Sportvan, K-10 Con- Chevele ------250 A2 1.41 9,21 vertible Truck, Chevrolet Lemans, G-30 Van ------230 M3 2.70 29.11 Ventura II, Chevelle, E Camino Custom, d o ...... -----. . . . . 250 M3 1.77 14,V1 Concours, Impala Custom, K-10 Blazer, K-20 Suburban ------250 M4 1.42 23.30 G-20 Van, C-10 Suburban, K-10 Sub- urban. K-20 Suburban, G-Van Firebird Nova, 250 GM-102 ..... Malibu, Biscayno, G-10Van C-10 Conv Truck, G-20 Sportvan, C-i0 Suburban, C-Truck. Nova, Mallbu Nomad, C-10 Blazer K-10 307 GM-103----- Chevelle ...... 2.77 10. 21 Conv. Trucir K-10 Suburban, Ventura C-10 Pickup ------2.51 20. 10 1, Camaro 91 Camino, Greenbriar, K-10 K-10 Pickup. ---- 2,34 21.21 Blazer C-0 Suburban, K-20 Suburban, C-10 Suburban ------2.42 19.01 Chovelle, EI'Camno Custom, Concours, Camaro ------.-.. 1.00 11. . C-10 Cony. Truck, G-10 Van, C-20 Sub- C-10 Pickup ------2,28 12,02 urban. F-85. Cutlass Supreme, Delta 83 Royale, Cut- 300 GM-301 ----- Cutlass ------2.51 21J14 lass, Vista Cruiser, Cutlass Cruiser, Cut- D elta s ------2.37 20.t2 ls S Coupe, Delta 83. Cutlass S ...... 2.40 2.67 Vista Cruiser ------2.70 20.10 Skylark, LeSabre, LeSabre Custom, Sport- 380 GM-401 ----- Skylark ...... 2.84 10.W wagon, GS-30. GS-350 ------2.21 21 (Z LeSabre Custom- ---... 2.17 19. 51. LeSabro ...... 2..1 18.19 2.08 11,48 LeSabre ------.. 1.83 20.10 Camaro, El Camino, Greenbriar, Monto 350-400 GM-104 ----- Chevrolet ------2.0N5 19.71 Carlo Impala, Townsman, Chevrolet, Caprice ------2.43 13.(,5 G-10 Van, K-10 Cony. Truck, K-20 Sub- C-20 Suburban-...... 2.84 3q. 155 urban, K-10 Suburban, G-10 Sportvan, Chevelle ------1.49 18.21 Chevelle, EI Camino Custom Concours, Corvette ...... 2.00 34.00 Biscayne, Impala Custom, kingswood, Klngswood ...... 1. to 19.10 Corvette, G-20 Van, G-30 Van, C-1 Blazer, G-20 Sportvan, Kingswood Estate Malibu, Nomad, Concours Es- tate, Bel Air, Brookwood, Nova, C-10 Cony. Truck C-10 Suburban, C-20 Sub- urban, X-10 blazer, Caprice. Lemans, Firebird Esprt,VenturII Grand 30-400-455 GM-201:- ..... Catalina ------400 A3 Safari, Lemans Luxury, Firebird Formu- Lemans ------380 A3 Ia, Catalina, Bonneville, Lemans Sport, do-...... -... 30 M4 Lemans Wagon, Safari. Grand Safari---- 455 A3 do------. 400 A3 Lemans, Frebird Formula Grand Prix, 400-455 GM-202 ----- Grandvlle ----- 485 A3 Grand Safari Firebird Tras AM, Le- GTO------. _.. 400 A3 mans Sport, Lemans Wagon, GTO Bon- GTO------400 M4 neville, Lemans Luxury, Catalina, Safari, Firebird-..... 455 M4 Grandville. - Safari ------400 A3 Chevelle El Camino Custom, Concours, 402-454 GM-105 .----Biscayne .------402 A3 C-1 guburban, Monto Carlo, Bel Air, Chevelle ------402 A3 Brookwood, Klngswood Estate, Malibu, Corvette ------454 M4 Nomad, ConcoursEstate, C-20 Suburban, Kingswood ------.. 454 A3 Caprice Impala, Tow'n-man Corvette, C-20 Suburban----- 402 M4 El CaminQ, Greenbrier, C-10 Convertible ------. Truck Camaro Biscayne, Impala Cus- Monte Carlo - 454 A3 tom, KingsWooN.

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 2735

1072 MODLE YtAr LiGUT DUTY VrEcLr.--.ContInuMd

Engine (amily Eliiu3t cmI-12a Evaporativ

Manufacturer (models) (gms't"os) Displacement Family Eglina Trarns Hlydra- Carbon Hydro- (cubio Inches) designation Model dispblacmcnt mLzicn carbo= mono xa cu-b=3u (cubl Inmcs)

Corp.-Continued General Mot6r =432 ...... Ninety-Eight ...... 4:5 A,3 F--5, Cutlass Supreme, Delta 83 Royalo, Ef~hty-Eight .... 4!5 A3 2.41 2136 Cruiser Ninety- Cuih, n Suprme. 1.3 27.12 Toronado, Cutlass, Vista 4 1 Mt 2.C1 27.20 Eight, Cutlass Cruiser, Cutlass b Coupe, Eighty-Eight .... 4:5 A3 Delta SS,Delta 83 Custom Cruiser. 4!5 A3 Cu.,tom.Cru1 cr... 4S A3 2. CG 2G.23 Toronado ...... 4 5 A3 2.13 32.05 4 .01 21.02 Electra, Centurion, Stage 1. -LeSabre. 4" GM-02 ... GS ...... 4:,5 A3 Riviera GS, Estate Wagon. Riviera, GS Ccnturlon...... 4S A3 4.7T 23.3t 455. Estato Wagon ...... 2.01 22.74 Elctra = ...... 455 A3 2.33 13.13 US4 ..... 1.27 21.7G RTlvkrn ...... 4 A3 2.25 13.52 Calais, Brougham, Eldorado. Devillo. 472 GM-531 ...... Spdan Devil ...... 472 A3 0.835 2.41 Seventy-Five, Fleetwood, Commercial do ...... ---- 472 A3 1.22 2.3 Coupe Davl ...... 4r2 A3 1.62 12.21 Chasis. Eldorado ...... L2G 33.01 472 AS International Harvester Co.: Scout 4x 4, Scout UT2x 4 ------.... 106 4- ---.....Scout IL ...... 1 U43 2.0r_ 3.60a ..... do ...... 120 M3 1.01 20.83 Scout ][14 x 2, Scout I 4 . 1010, 1110(4 x 2), ..... d...... -3 1142 2.23 3G0 11104 x 4), 1210(4 x 2), 1210(4 x 4). -53 '113 1.71 17.77 23 MS 2.43 27.01 T'AII (1210) ...... 2.63 2 C0 Scout 114 x 2, ScoutII 4 x 4, 1010 Pickup, 301 V-301 ...... ScutIl ...... C31 M3 1110 Pickup 4 x 2, Scout II, 1010,1110 (4 x do...... ---- ta1 ,43 2.67 31.1Z 2),1110 (4x 4), 1210 (4x 2), 1210 (4 x 4). 1o?3 D lskup ...... 2.2ri 29.31 Il0 D Pictkup...... 3.31Z31 743 2.43 27.31 m)3'VAIL...... 1.71 20.22 Scout 4 x 2, Scout 4x 4,1010,1110 (4 x 2), 1110 345 V-345 ...... T'All 1010 ...... 315 AS 3.01 20.01 (4 x 4), 1210 (4x2), 1210 (4x4). 103 D Pickup ...... 330 1n 2.40 29.13 TIAII 1010 ...... 313 A3 2.25 29. CO 10)3 D Plckup ...... 2.C6 30.01 1010, 1110 (4 x 2), 1110 (4 x 4), 1210 (4 x 2), 32 -.--- Al 1010 ...... A3 1.10 3.83 1210 (4 x4). T'AII 1010 ...... 1. 0 23.83 1103 D Pickmp ...... I.01 33.06 Isuzus Motors Ltd.: KB30 Pickup Truck ...... 110.8 Q-10 ...... KB30 ...... 110.8 ,4 1.4) 19.98 KB30 ...... 110.8 14 2.45 27.10 Seep Corp.: 231-253 L ...... Utivcr"...... 32 .13 Universal, Gladiator, Yeepster, Wagoneer.-. ... d...... 112.01 t '2r5..921P Ul.dlator ...... =3 MS .83 31.6) Universal, Jeepster, Wagoneer, Gladiator... 301 II ...... Unlvcr-al ...... 71 23.11 leepster ...... C1 A3 2,4 23.42 Wagonczr ...... 2.Z3 260 Universa ...... 1.92 25.3D ULdlator ...... ZA3WI1 M3713 2.L3 21.19 Wagoner, Gladiator ------3G0 IIL...... Wagonizr ...... 97. A3 *.63 23.32 (ladiator ...... 3 M 2.01 31.60 do...... 2.43 23.8t Mitsubishi Motors Corp.: D odge Colt ------07.5 4O3SEM-01... Dodsz Colt ...... 2.10 2.05 ...... do 1.02 21.30 Nissan Motor Co., Ltd.: LBUOTU, KLBll0AU, LBIIOAX, 71.5 NIssan-I LBIIOAU ...... #1.5 A3 1.65 -. C3 3LB110TU. A12 LBIIOTU ...... 71.5 MA 2.07 19.03 PL510TU, WPL510AU, PL510AU, 07.4 Nissa.u-2 PL510TU ...... Eq.4 14 443 20.G7 PL52ITU, WPL51OTU. LI PL 2ITU ...... 07.4 MI 2.37 1112 WPL5IOAU ...... 07.4 A3 1.73 19.35 PLS2ITU. 07.4 111 2.03 19.60 HLS30U, HL S3OUA ...... 146 Nissan-3 HLS3)U ...... 143 241 =.0 2.60 L2 HLK-)UA ...... 1IS A3 2.60 21.25 Peugeot: 30 Sedan, 304 Station Wagon ...... 73.6 XL3 ...... Z Sedn ...... 2.41 23.04 Z31 Statln Wcon ...... 3.0 Zit1 2C0 20.33 504 Sedan, 504 Station Wagon ----;------1-0.3 XNL ...... WISedan ...... 1W.3 AS1 2.6 29.03 129.3I:0.4 A31Ml 1.=2 13.97 Porsche: 911T, 911E, OilS, 914,!6(T), 914'6(E), 9141(S).. 142.4 L ...... 1T...... 141.4 715 2. rz 12.43 - 11T...... 112.4 US5 2.83 13.10 911T ...... 227 25.13 auto oils ...... 1I2.4 745 2.C5 21.77 Renault: R12, R15, R16 ...... 95.5 821...... Rio ...... 2.75 D.510 1110...... C5.5 74 3,14 27.33 2.17 31.10 SAAB: RIG --.- 0.5 A3 163.5 MA 95,96,97 ------103.5 P...... --- 2.77 33.60 1im. rE ------.o ...... 103.5 i7 2.1 2-7.03 07 ...... 10.5 M 2.00 2.29 114.0 P...... 114.0 Mt 2.34. 13.12 49------114.0 AS 1.8,3 11.13 114.0 A3 1.E.3 19.89 SS Automobiles, Inc.: Excalibur Roadster Excalibur Phaeton.... 454 GM-105 -.---Excalibur Plh:tou .... 451 A3 I.0 9.8) Fuji Heavy Industries, Ltd.: 3.10 10.$t Subaru 130 ------77.32. A- ...... 1MO ...... 77.32 114 1&) ...... 2.02 17.22 Toyo Kogyo Co., Ltd.: 1200 Station Sedan, Station Coupe, BTAV 71.33 Toyo I...... 12M ...... 1.'3 M4 2.8E3 27.006 Station Wagon, BTA65 Pickup. 9.82 Toyo2 ...... 3... 2.33 29.C3 Toyo Kogyo 2, 803 Station Wagon, SN3A £3.82 A3 2.15 21T Sedan, SN3mA Coupe. r10.182 2. 02 21.51 0A2£ Al 2.10 21.27 60 Toyo . 96.82 M4 2.41 25.47 Toyo Kogyo 3, RIoo, M10A Coupe-..----.....- £9 M1 2.23 22.73 RIo0. (0 MI 2.3 17.66

FEDERAL REGISTER, VOL. 37, NO. 24-FRIDAY, FEBRUARY 4, 1972 2736 Nb&ICES

1972 MODM, YnAn LisnT DUTY VEHICLS---COntnUed

Certification levels Engine family Exhaust emlson Evaporative Test vehicle (grarnsfmilc) emVniI Manufacturer (models) (gl~Je lt Displacement Family Engine Trans- Hydro- Carbon llydro- (cubic inches) designation Model displacement mission carbons monoxide earbllt (cubic inches)

Toyo Kogyo Co,, Ltd.---Contnued Toyo Kogyo 4, RX2, S122A Sedan, S122A. 70 Toyo 4 ------RX2 ...... 70 2%4 25. 1 Coupe. RX2 ------70 A14 Toyo Kogvo 5, 1800 SVA Sedan, SVAV 18101 BVb61 109.6 Toyo 5 .------1800 Sedan ------109,6 M4 31.23 Station Wagon, Pickup. -----do ------109.6 A3 27.51 1800 Pickup ...... 100.6 M4 20.77 618, SV2A Sedan, SV2A Coupe ------109.6 Toyo5 .-----618 ------Toyota Motor Co.: 1M9.6 A3 21.0 Corolla, Carina ------96.9 2T-C .------Corolla ------96.9 M4 Carina ...... 96.9 A3 Celica, Corona, Corona Ilk II, V Ton 17.20 120 18R-C ------Corona Sedan. --- 120 A3 20, G0 Pickup. Corona Wagon- 120 M4 20. 0 Corona Kik II ...... 137.4 2M ------. k II Sedan.. 137.4 A3 21.80 Ilk I Wagon...... ------137.4 M4 21.01 Crown 156.4 4..------Crown ------156.4 M4 2.10lit, I0 do------...... 150.4 A3 Land Cruiser 236.7 F ------Land Cruiser...... 230.7M3 30,10 do ...... ----- 230.7M3 Volkswagen of America: 2R.70 Sedan H, Squareback Sedan, Convertible, 96.6 1------Sedan If ...... 0.6 A14 31,25 Fastback Sedan, Karmann Ghia. -----do...... 96.6 114 -----do ...... - 90.0 Semi- 2.88 auto- mate Squareback 36 ...... -- 06.6 114 19,02 do ...... ------06.6 A3 10,23 Sedan 11 ------96.6 Semi- 303.94 auto- matic Squareback 36 .------06.6 A3 10.09 91414,Combination and Campmobllo, S.W. 102.5 2------914/4 ...... 102.5 M5 19. E,3 22124Sedan 41142, Panel Truck 21, Pickup ------and Sedan 42 102.5 M4 30.14 ickup + Double Cabin 26, Square- Camper ...... 102.5 354 211.78 back Sedan 46. S.W. 22/24 ------102.5 14 32. 3 Sedan 42 ------102.5 A3 19.49 -----do ------102.5 M4 Volvo: 142-334 142-336, 142-034, 142-M35, 142-636, 121 B20------142-035...... 121 354 2%20 144-34, 144-336, 144-034, 144-636, 145-334, 142-334 .. 121 M4 16.31 145-336, 145-634, 145-636, 182-035, 182-630, 142-636------121 A3 15.10 183-35, 183-016. 121 A3 21.22 164-134,164-136, 164-635,164-03 ...... 183 B .------164-134 ...... 182 34 21.20 164-136 ------182 A3 ,3.37 164-35------182 M4 22.25 18"2 A3 Audi: 15.75 LS ------Audi Super 90, Audi 100 107.5 1------100 LS ------114.5 A3 02.05 114.5 1------10LS ...... 114.5 114 100 LS ------114. A3 100 LS .... 114.5 34 20. 97 Super 0 ...... 107.5 314 Honda: Honda AN-600 ------I------(Exempt from emission control requirements) Rolls-Royce: Rolls-Royce Silver Shadow, Rolls-Royce 1------Silver Shadow ------412 A3 2.14 23.46 Cornlcho, Bentley "T" Series, Bentley ...... - .-.------...... ,do 412 A3 2.40 23.23 Coruicho. - :::----do 412 A3 Flat S. p. A.: 2.23 23.13 80 Sport Spider ...... 05.08 100 ------850 Sport Spider ------05.08 54 2.43 17.40 do ------,---- 5 08 M4 2.44 23.78 123Sedan, 128 Station Wagon ------&8.10 128 ------12 Sedan..------. 10 354 2.M3 27.16 Sdo...... ------0 .10 I4 2.35 20. 0 124 Special Sedan, 124 Special Station Wagonf 87.75 124------124 SpecIal Station 87.75 114 1.53 1801 Wagon. 124 Special Sedan ------87.75 A3 1.45 27.87 -do. ...------87.75 354 2.54 20.31 124 Sport Spider 1600, 124 Sport Coupe IG00.. 28.13 125------124 Sport Coupe 1600 - .13 l55 2.63 10.0 do ------0. 13 A15 FerrnO S. p. A.: 2.35 24.84 Dine 246 GT Berlinetta, Dino 246 GT 147.55 135 ------Dino 246 GT Berlinetta. 147.55 M5 3.25 22.03 Spyder. Dino 246 OT Spyder .... 147.55 M5 1.91 24.94 05 OTB.4 Berlinetta, 365 GTB.4 Spyder, 208 05 ------365 GTBA Berlinetta ... 203 M5 2.17 2M80 365 GTC.4. 365 GTB.4 Spyder ------208 M5 1.90 31.10

FEDERAL REGISTER, VOL 3r, NO. 24-FRIDAY, FEBRUARY 4, 1972 NOTICES 2737

1972 Model Year Heavy Duty DInl Enemn

Engine Eamily Tcz-t cnZtceaSoons Manufacturer (models) Awec.rnnato Lu=-dwn Engine air Family deal~ntlan Matld R3cd nximrnm mob: (per- m=:d (pDr- aspiration li,3zcpoarcr tcqi cent cent Oro=lly) Opacity)

GeneralMotors Corp.: 3L-5N, 4 3MN-.....-----...... - Natural.....- N ...... 4L-MN_...... 2p_2 .G 5.G 4&-53N ...... M"12 5.0 3.5 6V-53N,8V-53N ...... do ------V-M ...... 8 -M ; ...... 75 577 12.2 8.3 8%.+MN ...... 275 57 9. 5.3 6V-71N (2 VLV) coach ------do ...... V-i7N (2VLV) co...- 6V-71N (2 VLV) coz.- 1- 613 2. 9 2.2 V-71N (2 VLVo ca.h.. 13 6235 5.1 4.1 6V-71N (4VLV) coach, 8V-71N (4VLV) coach -do ...... V-71N (4 VLV) coaxh... SV-71 N (4 VLVI c=a 230 770 1.4 1.0 8%1-71N (4 VLV) cca-h.. Z 770 1.4 1.3 3L-71N (4 VLV), 4L-71N (4 VLV), 6L1N -----do ...... L-71N (4VLV) ... GL-71N (4 VNLV)...... 3 010 11.5 4.0 (4 VLV). .71N(4 VLVGig 10 65.1 2.0 6V-71N(4 VLV), 8V-71N (4 VLN), 12V-71N ----do ...... V-TIN (tVLV) ..-. 12V-71N (4 VLV) 12V- &0 1 8.5 3.8 (4VLV). 7IN (4 VLV) 5+-0 12 3.0 L5 6V-71T, 8V-71T, 12V-71T ...... Turbo- V-71T ...... 2V-1r...... 55 IM93 9.G 1.0 charged. LIV-71T ...... 1M20 11.0 - 2.8 6L-71T ------do .... L-71T ...... L-7T...... 2 725 8.9 2.0 GL-71T ...... 2IT 723 15.2 L& Perkins Engines, Ltd.: NA 80 ------NaturaL. NA ...... NAil]...... 7. 145M6 G..3 NAS) ...... 73 w 7.6 8.0 NA 12) ...... ------do...... NA M3 ...... NA lin ...... 110 210 10.9 ILI NA 19...... I1G 270 15.7 9.G

1972 MODEr, YmAn H ,vy DUTY GAsOLInuOu E0i1s-

Enzint unuily Certlfl=9tan leVels Mlanufacturer Exhoust mLal-ns DIsp~v=cLs; Family Dbrp1=cm'ot (cubic inches) dc1 rtl+on (Cub!_' fuwhes) flydroneboa. Carbonmoa3%etb (ramctsrmflvr n) (percent)

Chrysler Corp...... R...... 22... . 173 0.83 3I8, 03 LA...... 313 ...... its 0.09 313 ...... 131 0.53 .. . 171 0.53 Cr.9 LB ...... 1L2 0.313 51 .17 0.57 40 ...... 0 12 0.41 413 RD...... 413 ...... 85 0.74 413 ...... 127 0.77 Ford Mofor Co...... -----...... -- 210,a3 2-M ...... 0.41 0.4i 302 ...... ;W21 ...... 1G1i1 0.21 33, "01,83u -Z -JI ... 3 011D ...... 15A L 06 ,,, 3 ,H1D...... 1 6 0 .6 3 V31 ...... 1...... ) 0.25 .. . 1"0 0.80 30,3A3 a,- ...... n ...... 207 0.71 220 ...... 219 0.44 401,477,531 13...... M12 0.30 417 ...... 1 M 0.29 r31 ...... 123 5.49 General Motors Corp ...... 11 0.5,) a ...... 3 0.30 -2 01112...... 2M . . I6 0.43 WT.3. 3&1 OMM, ...... 123 0.87 3...... 123 0.5G 0.59 330W)5...... 0 1.. 1I51 tG 0.S9 39 4 ...... /0511 Y ...... - 291.(M 427 ...... I69 L 12 42 GM115 ...... 40 ...... us3 0.9G 351,401,4T8 ...... 1311 31. . 145 1.15 401 ...... 1n 1.62. 1. . 0.67 478.. . 13 L23 (.37 0 M ...... 115 1_13 eep C orp ...... ------.... -...... 3 . l O-...... 3ro) ...... 113 0.31

[FR Doc.72-1490 Filed 2-3-72;8:45 am]

FEDERAL REGISTER, VOL 37, NO. 24-FRIDAY, FEBRUARY 4, 1972