Federal Register: 43 Fed. Reg. 28965 (July 5, 1978)

Vol. 43-No. 129 l 7-5-78 WEDNESDAY, JULY 5, 1978 PAGES 28965-29100

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SUNSHINE ACT MEETINGS-...... 29055 1

FREE ENTERPRISE DAY Presidcntial proclamation .. - 28975 COST OF UVING ALLOWANCES Executive order adusting 28977 FOREIGN ASSISTANCE PROGRAMS Executive order 28965 FEDERAL EQUAL EMPLOYMENT OPPORTUNITY PROGRAM Executie order 28967 CIVIL RIGHTS ACT ExecutX,.e order provdng for tho transfer of certain functions to the Attorney General .. 28971 EXECUTIVE SCHEDULE Executive order placinq certan postons In Lewel IV- 28973 IMPROVING GOVERNMENT REGULATIONS Pbstal Rate Cnnmss!aon issues a report on tmpro4gn Goern- ment regu!Wtons; comments by 7-28-78 29045 SURFACE COAL MINING AND RECLAMATION OPERATIONS lnterior/SMRE announccs a;a&7a.ty of draft rcguat-n.s seenam on 8-9 and 8-10-78 29012 NUTRITION EDUCATION GRANTS USDA/FTS annunces p!ans to proa,-1 funds to States for conducting experimntaLr or demcnstraton pros ztz, app:za- tons duo by 8-14-78 - 29022 YOUTH EMPLOYMENT PROGRAMS Labor/Secy proposes anendments of p:c-ren's urdfr the Youth Employment and Demrnostraton Prcle:ts Act; comments by 7-31-78 (PatV of tlt! Iue) .... 29098 RESTRICTIVE TRADE PRACTICES OR BOYCOTTS Comrnerce/rTA implements reporting '.uirean-ts; effec,.a 8-1-78 (Part Wl1of tWs Issue) 29078 CITIZEN PARTICIPATION GRANT PROGRAM CS amends rule to provde addifiora time for applicants to develop and suxnit ther applicatione 29017 CONSTRUCTION GRANTS EPA pro.des suject Inda .It of reinaI adrr sfrater pro- et"de rninatons;, comn,, nts by 9-5-78 29001

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FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 INFORMATION AND ASSISTANCE Questions and requests for specific information may be directed to the following numbers. General inquiries may be made by dialing 202-523-5240. FEDERAL REGISTER, Daily Issue: PRESIDENTIAL PAPERS: Subscription orders (GPO) ...... 202-783-3238 Executive Orders and Proclama- 523-5233 Subscription problems (GPO) ...... 202-275-3050 tions. "Dial - a - Reg" (recorded sum- Weekly Compilation of Presidential 523-5235 mary of highlighted documents Documents. appearing in next day's issue). Public Papers of the Presidents ...... 523-5235 Washington, D.C ...... 202-523-5022 Index ...... 523-5235 Chicago, III ...... 312-663-0884 PUBLIC LAWS: Los Angeles, Calif ...... 213-688-6694 Public Law dates and numbers ...... 523-5266 of documents for 202-523-3187 Scheduling 523-5282 publication. Srip Laws ...... 523-5266 of documents appear- 523-5240 Photo copies 523-5282 ing in the Federal Register. U.S. Statutes at Large ...... 523-5266 523-5237 Corrections ...... 523-5282 Public Inspection Desk ...... 523-5215 Index ...... 523-5266 523-5227 Finding Aids ...... 523-5282 Public Briefings: "How To Use the 523-3517 Federal Register." U.S. Government Manual ...... 523-5230 Code of Federal Regulations (CFR).. 523-3419 Automation ...... 523-3408 523-3517 Finding Aids ...... 523-5227 Special Projects ...... 523-4534

HIGHLIGHTS-Continued LOAN GUARANTY PEANUTS VA increases ma.imum interest rate to 9% percent on guar- USDA/ASCS etab'ishe3 acreage ai!otmsnts, farm ye.ds, and anteed, insured and direct loans for new homes and condo- poundage quotas for 1978; effectIve 7-5-78 ...... 28986 miniums; effective 6-29-78 ...... 29000 PNEUMATIC MARINE FENDERS FROM JAPAN PROFESSIONAL STANDARDS REVIEW Treasuzy Issucs tentative negatve antidump:ng deterrr 'naton, HEW/HOFA adopts amendment to criteria for designating effectve 7-5-78 ...... 29046 PSRO areas; effective 7-5-78 ...... -.... 29005 NONPERISHABLE SUBSISTENCE ITEMS HEW/HCFA proposes to designate Texas as a sIngle PSRO GSA transfers procuxement management responsibtes to area; comments by 9-5-78 ...... 29061 VA; effective 7-5-78 ...... 29005 FARM CREDIT INVESTMENT BOND LABORATORY AND RESEARCH EQUIPMENT PROGRAM GSA establishes addetional contros for management in Feder- Farm Credit Administration proposes to provide additional al laboratorlcs; effective 7-5-78 ...... 29003 funds to Farm Credit Banks; comments by 7-27-78..._...... 29010 CONDUCT ON FEDERAL PROPERTY TAXICAB RADIO SERVICE CHANNELS GSA pro-ides reised po, des and proced=re;, effective FCC determines to retain four frequency pairs for exclusive 7-5-78- 29C01 use of taxis ...... 29007 PRIVACY ACT ELECTRIC SYSTEM REVIEW AND Labzr/4y propozes exemptlons for a systEm of records; EVALUATION commenls by 8-4-78 29042 USDA/REA proposes to revise bulletin providing criteria and MEETINGS- pro adures for REA electric distribution borrowers; comments ...... 29009 Corn'nerce/ITA. Nurricr ay Controlled Machine Tool Tech- by 8-4-78 nc-"Advisory Committee, 7-24-78 ...... 2S024 EASTERN TIMBER WOLF DOD/Sczy: sDfenoe Science Board AdMiscry Committee, lnterior/FWS proposes special regulations concerning the tak- 7-31-78 29025 ing of gray wolves in Minnesota; comments by 8-31-78 ...... 29019 EPA: Techt.cai Assessment and Pot'urban Control Advi ory Comrnittee. 7-20 through 7-22-78 ...... 29028 RANGE MANAGEMENT AND TECHNICAL FCC: R.cdo Techdical Commission for Mafe Services, SERVICES 7-18 and 7-24-78 ... 29029 IntErior/BLM updates livestock grazing regulations for public HEVIOFE Career Eduzaton N1tona Advisory CounzI., lands and adds provisions required by the Federal Land Pocy 7-21-78 29033 and Management Act of 1976; effective 8-4-78 (Part II of this Vocational Education N3atonal Adisory Council, 8-3 and issue) ...... 29058 8-4-78--. - 29034

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 HIGHLIGHTS-Continued Historic Preservation Advisory Council: Public information USDA/FS: National Forest Management Act Committee of meeting, 7-20-78 ...... 29022 Scientists, 7-14-78 ...... 29023 Manpower Policy National Commission: Recent European manpower policies, 7-19 through 7-21-78 ...... 29043 SEPARATE PARTS OF THIS ISSUE NRC: Reactor Safeguards Advisory Committee, Electrical Systems Subcommittee, Control Instrumentation, Part II,Interior/BLM ...... 29058 7-20-78 ...... 29043 Part Ill, Commerce/TA ...... I ...... ° ...... °,*°,~ ...... 29078 State: Shipping Coordinating Committee, Subcommittee on Part IV,EPA ...... I...... ° O,° ... 29086 Safety of Life at Sea, 7-26-78 ...... 29046 Part V, Labor ...... , ...,.°.°...... °= o, ° O ...,..J...... 29090

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 contents

THE PRESIDENT Notices Proposed Rules Executive Orders Committees; establishment, re- Air quality implementation newals, terminations, etc. plans; enforcement by State Civil Rights Act, transfer of cer- and Federal governments tain functions to the Attorney Aviation Mobilization Indus- try Advisory Committee_...... 29024 after statutory deadlines; General ...... 28971 Hearing, etc.: Maine (2 documents).. 29013, 29015 Cost of living allowances, ad- Alaska Airlines, Inc., subsidy justment ...... 28977 Notices mail rates; correction (2 doc- Grants: Executive Schedule, placement uments) ...... 29023, 29024 of certain positions in Level Protests of procurement ac- IV ...... 28973 COMMERCE DEPARTMENT tions, treatment works con- Federal Equal Employment Op- tstructlon; subject index See Industry and Trade Admin- 1ll ...... 29086 portunity Program ...... 28967 istration; National Oceanic Foreign Assistance Programs..::: 28965 Meetings: and Atmospheric Administra- Science Advisory Board ...... 29028 Proclamations tion. Water quality, criteria, inquiry, Free Enterprise Day ...... 28975 COMMUNITY SERVICES ADMINISTRATION correction ...... 29028 EXECUTIVE AGENCIES Proposed Rules FARM CREDIT ADMINISTRATION Citizen participation grants pro- Proposed Rules AGRICULTURAL MARKETING SERVICE gram;,timetable change..... 29017 1Funding and fiscal affairs: Rules Bonds; authority to issue and CONSUMER PRODUCT SAFETY purchase eligibility require- Cherries (sweet) grown' in COMMISSION Wash ...... 28997 ment ...... 29010 Proposed Rules Peaches, apricots, cherries FEDERAL COMMUNICATIONS (sweet) grown in Wash. and Space heaters, unvented gas- COMMISSION prunes grown in Wash. and fired; ban; extension of time- 29011 Rules Oreg ...... 28996 DEFENSE DEPARTMENT Industrial and land transporta- AGRICULTURAL STABILIZATION AND Notices tion radio services CONSERVATION SERVICE Taxicab radio service chan- Meetings: band); inter- Rules nels (450 MHz Defense Science Board ...... 29025 service geographic sharing... 29007 Peanuts, marketing quotas and ECONOMIC REGULATORY Organization and functions:. acreage allotments ...... 28986 ADMINISTRATION General Counsel Office ... 29006 AGRICULTURE DEPARTMENT Notices Proposed Rules See aLo Agricultural Marketing Electric utilities; petitions filed FM broadcast stations; table of Sevice; Agricultural Stabiliza- under section 202(c) ...... 29027 assignments: tion and Conservation Service; Power rates and charges: Minnesota ...... -- 29017 Animal and Plant Health In- Cumberland Basin Projects, Washington...... 29018 spection Service; Food and Southeastern Power Admin- Notices Nutrition Service; Forest Serv- istration ...... 29026 Meetings: ice; Rural Electrification Ad- EDUCATION OFFICE Marine Services Radio Tech- ministration. nical Commission .-..-..... 29029 Notices Rules Programing report, annual; Meetings: composite week dates .... 29029 Authority delegations by Secre- Career Education National Rulemaking proceedings filed, tary and General officers: Advisory Council ...... 29033 granted, denied, etc.; petitions Governmental and Public Af- Vocational Education Nation- by various companies ...... 29028 fairs Office, Director ...... 28979 al Advisory Council ...... 29034 FEDERAL MARITIME COMMISSION ALCOHOL, TOBACCO AND FIREARMS ENERGY DEPARTMENT BUREAU Notices See also Economic Regulatory Rules Agreements filed, etc. (2 docu- Administration. ments) ...... 29030 Distied spirits exports, etc.; im- Notices Freight forwarder licenses: plementation of statutory Alonso, Manuel ...... 29030 changes; correction ...... 28999 Environmental statements; Columbia Export Packers, ANIMAL AND PLANT HEALTH INSPECTION availability, etc.: Inc ...... 29030 Los Alamos Scientific Labora- IJC.International Corp ..... 29030 SERVICE tory Site, N. Mex ...... 29025 Rules FEDERAL RESERVE SYSTEM ENVIRONMENTAL PROTECTION AGENCY Plant quarantine, domestic: Notces Witchweed ...... 28979 Rules Applications, et&- Toxic substances: First National Bank of Gil- CIVIL AERONAUTICS BOARD Chlorofluoroalkanes, fully ha- lette Holding Co ...... 29032 Proposed Rules logenated, used in aerosol Harlingen National Banc- Citizen of U.S.; corporations propellants; manufacturing, shares, Inc ...... 29032 qualifying as; advance notice; processing, distribution, and Southern Bancorporation of extension of time ...... 29011 reporting; correction ...... 29001 Alabama ...... 29032 FEDERAL REGISTER, VOL 43, NO. 129-W N DAY, JULY 5, 1978 CONTENTS

FEDERAL TRADE COMMISSION HISTORIC PRESERVATION, ADVISORY MANPOWER POLICY NATIONAL Rules COUNCIL ON COMMISSION Games of chance in food retail- Notices Notices ing and gasoline industries; Meeting ...... 29022 Meeting ...... 29043 exemptIons: Glendinning Companies of INDUSTRY AND TRADE ADMINISTRATION MINE SAFETY AND HEALTH Connecticut, Inc., eta:l ...... 28998 Rules ADMINISTRATION FISH AND WILDLiFE SERVICE Export licensing Notices Ship stores; correction ...... 28998 Petitions for mandatory safety Proposed Rules Trade practices, restrictive, or standard modification: Endangered and threatened spe- boycotts: Rio Blanco Oil Shale Co ...... 29042 cies; fish, wildlife, and Reporting requirements ...... 29078 U.S. Steel Corp ...... 29042 plants: Wolf, Eastern timber ...... 29019 Notices NATIONAL OCEANIC AND ATMOSPHERIC Meetings: ADMINISTRATION FOOD AND NUTRITION SERVICE Numerically Controlled Ma- Notices Notices chine Tool Technical Advi- Fishing vessel transfer applica- Child nutrition education, dem- sory Committee ...... 29024 tions: onstration and development INTERIOR DEPARTMENT projects ...... 29022 Elllngson Fishing Corp ...... 29024 See Fish and Wildlife Service; NUCLEAR FOREST SERVICE Heritage Conservation and REGULATORY COMMISSION Notices Recreation Service; Land Proposed Rules Meetings: Management Bureau; Surface Special nuclear material; au- National Forest Management Mining Reclamation and En- thority for access to or con- Act Committee of Scien- forcement Office. trol over ...... :...... 29009 tists ...... 29023 INTERSTATE COMMERCE COMMISSION Notices GENERAL SERVICES ADMINISTRATION Rules Meetings: Rules Riilroad car service orders: Reactor Safeguards Advisory Property management; Federal: Grain cars; distribution ...... 29008 Committee, Electrical Sys- Buildings and grotnds man- Hopper cars, return ...... 29008 tems Subcommittee, Con- agement; conduct on Feder- Railroad car service orders; var- trol and Instrumentation ....29043 ;al property ...... 29001 ious companies: Applications, etc.: Laboratory and research Indiana Interstate Railway Transnuclear, Inc., et al ...... 29044 Co., Inc ...... 29007 equipment management-..... 29003 POSTAL RATE COMMISSION Procurement sources and pro- Notices Notices grams; nonperishable sub- Hearing ...... sistence items, purchase ..... ; 29005 assignments 29047 Motor carriers: Improving Government regula- Notices Temporary authority applications; inquiry ...... 29045 Pxoperty management; Federat tions (2 documents) ... 29047, 29051 PUBLIC HEALTH SERVICE Distribution of FPMR materials ...... 29032 LABOR DEPARTMENT Rules Public utilities; hearings, etc.: See also Mine Safety and Health Saint Elizabeths Hospital rec- Maryland Public Service Com- Administration; Wage and ords availability, patient treat- mission ...... 29033 Hour Division. ment, etc.; CPR Parts re- New York PublicService Com- Proposed Rules m oved ...... 29005 m ission ...... 29033 Comprehensive 'Employment Notices HEALTH, EDUCATION, AND WELFARE and Training Act: Organization, functions, and DEPARTMENT -Youth programs; clarification delegations of authority. See Education Office; Health of provisions ...... 29098 Health, Assistant Secretary ...29034 Care Financing Administra- Notices RAIL PUBLIC COUNSEL OFFICE tion; Public Health Service. Privacy Act; systems of rec- HEALTH CARE FINANCING ords ...... 29042 Notices ADMINISTRATION AMTRAK Rail passenger serv- LAND MANAGEMENT BUREAU ices; assistance for partici- Rules Rules pants In hearings; correc- Professional standards review:. tion ...... 29045 Criteria for designation of Range management and techni- Statewide areas ...... 29005 cal services; grazing adminis- RURAL ELECTRIFICATION tration and trespass ...... 29058 Proposed Rules ADMINISTRATION Notices Professional standards review: Proposed Rules Area designations; Texas ...... 29018 Applications, etc.: Electric program: Wyoming ...... 29035 System review and evalua- HERITAGE CONSERVATION AND Survey plat filings: RECREATION SERVICE tion; REA Bulletin 161-5 Washington ...... 29035 revision ...... 29009 Notices MANAGEMENT AND BUDGET OFFICE Historic Places National Regis- Notices ter; additions, deletions, etc.: Notices Loan guarantees proposed: Alabama et al ...... 29036 Clearance of reports; llJt of re- East Kentucky Power Cooper- California et al ...... 29035 quests ...... 29044 ative, Ino ...... 29023

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 CONTENTS SECURITIES AND EXCHANGE TREASURY DEPARTMENT COMMISSION See also Alcohol, Tobacco and Rules Firearms Bureau. Practice rules: Notices Hearings, regulatory proceed- Antibumping. ings; in Washington, D.C .... 28999 Marine fenders, pneumatic, STATE DEPARTMENT from Japan ...... 29046 Notices VETERANS ADMINISTRATION Meetings: Rules Shipping Coordinating Com- mittee; Safety of Life at Sea Loan quaranty: Subcommittee ...... 29046 Interest rate change ...... 29000 SURFACE MINING RECLAMATION AND ENFORCEMENT OFFICE WAGE AND HOUR DIVISION Proposed Rules Rules - Permanent regulatory program; Students, full-time; employ- inquiry and meetings ...... 29012 ment at subminimum wages .. 29000

FEDERAL REGISTER, VOL 43, NO. 129-WDNMSDAY, JULY 5, 1971 list of cfr parts affected in this issue

The following numerical guide is a IVstof the parts of each title of the Code of Federal Regulations affected by documents pubbUshcd In today's I"tio, A cumulati e list of parts affected, covering the current month to date, follows beginning with the second a of the month. A Cumulative Ust of CFR Sections Affected is published separately at the end of each month. The guide H3ts the parts and cecgone affactcd by documonlo published since the revision date of each title.

3 CFR 15 CFR 41 CFR ExrumOzumms: 369 ...... 29078 101-20 ...... 29001 11861 (Amended by EO 371 ...... 28998 101-25 ...... 20003 12069) ...... 28973 16 CFR 101-26 ...... 2000 12066 ...... 28965 42 CFR 12067 ...... 28967 419 ...... 28998 12068 ...... 28971 PROPOSE RULES: 300 ...... 29005 304 ...... 29005 12069 ...... 28973 1306 ...... 29011 12070 ...... 28977 460 ...... 29005 17 CFR PRoPosED RULES: PROCLAMATIONS: 201...... 28999 4576 ...... 28975 460 ...... 20016 27 CFR 7 CFR 43 CFR ...... 201 28999 4100 ...... 20007 2 ...... 28979 252 ...... 28999 301 ...... 28979 4200 ...... 20002 729 ...... 28986 29 CFR 4300 ...... 20005 921 ...... 28986 519 ...... 29000 4700 ...... 29076 922 ...... 28996 9230 ...... 20076 PROPOSED RULES: 923 (2 documents) ...... 28996, 28997 45 CFR 924 ...... 28996 97 ...... 29098' PROPosED RULES: PROPOSED RULES:. 30 CFR 1701 ...... 29009 PRoPOSED RULES: 1061 ...... 20017 10 CFR 730 ...... 29012 47 CFR 735 ...... 29012 P oPOsED RULES: 781 ...... 29012 20000 11 ...... 29009 ...... 29006 820 29012 ...... 50 ...... 29009 822 ...... 29012 93 . 29000 70 ...... 29009 38 CFR PROPosED RULES: 73 (2 documents) ...... 29017, 29018 12 CFR 36 ...... 29000 49 CFR PROPOSED RULES: 40 CFR 615 ...... 29010 1033 (3 documents) ...... 29007, 29008 712 ...... 29001 14 CFR 762 ...... 29001 50 CFR PRoPOSED RULES: PROPOSEDu RULES: PROPOSED RuL, s: Ch. II ...... 29011 65 (2 documents) ...... 29013, 29015 17 ...... 29019

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5,.1979 CUMULATIVE LIST OF CFR PARTS AFFECTED DURING JULY

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 July.

I CFR 14 CFR 40 CFR 302 ...... 28805 . .1...... *...... 28810, 28811 /12...... "/62....29001 29001 303 ...... 28806 73 ...... 28811, 28813 3 CFR PROPOSED RULES: P OPosED RuES: EXECUTIV ORDERS: 71 ...... 28817 65 ...... 29013, 29015 11652 (Revoked by EO 12065). 28949 ChLII...... 29011 41 CFR 11714 (See EO 12065) 28949 15 CFR 101-20-....- 29001 11861 (Amended by EO 12069).. 28973 369-...... 29078 101-25 . . _...... -- _ 29003 11862 (See EO 12065) ...... 28949 371 ...... 28998 101-26 .. 29005 12065 ...... 28949 42 CFR 28965 16 CFR 28967 419 ...... 28998 300...... 29005 1206812069...... 28971 304...... 29005 PRoposi) RuLES: ARrnIo. 12069 ...... 28973 28977 1306 ...... 29011 PRopoSED Rum= ORDERS: 17 CFR 460- - 29016 June 28, 1978 ...... 28963 201...... 28999 43CFR POCLhAMONS: 27 CFR 4100...... 290627 ...... 4200---" 2906529062 4576 ...... 28975 ...... 0 . 28999 4300----...... 29065 252 ...... 28999 7 CFR 4700 .. 29076 9230-. .. 29076 2...... 28979 29CFR 28979 51 ...... 29000 45 CFR 28986 PROPOSED RULES: 918 ...... 28808 P~oPosERnrs: 97 ...... 29098 10614 29017 921...... -...... _ -. 28996 47 CFR 923 ...... 28996 30CFR 925...-...... 28996. 28997 29006 RuLzs: 28996 PROPosED 29006 29006 7835-735 ...... 29012 PROPOSED RULES: 781 . .. 29012 PRoPosE Ruxz: 958 ...... 28816 820 ...... 29012 7/3 ...... 29017, 29018 1464 . .. o ...... e°...... 83-...... 28840 1701 ...... 28817 822. 29012 29009 32ACFR 49 CFR 10 CFR PR PosED RULEs: 567 ...... 28314 I ,. 6o..,o...... o...... 28809 1901 ------28818 568...... 28814 1033-.... 29007,29008 PROPosED RULE= 1902 ...... 28818 11 ...... 29009 1903 ...... 28818 PROPOsED RULEs: 29009 38CFR 512 ...... 28841 70 ...... o ° ...... 29009 50 CFR 12 CFR PROPOSED RLES: 17...... 28932 PROPosED RU.ES: ..28824 PROPOSED RUL. 615 ...... 29010 4 ...... 28826 17...... 28M4.,28938. 29019

FEDERAL REGISTER PAGES AND DATES-JULY

1,am Dame 28805-28963 ...... July3 28965-29100...... -...... 5

FEDERAL EGISTER, VOL 43, NO. 129--WWM AY, JULY 5, 1971 reminders (The items In this list were editorially compiled as an aid to FEDERAL REGISTEA users. Inclusion or exclusion from this list hag no legal significance. Since this list is intended as a reminder, it does not include effective dates that occur within 14 days of publication.)

ENVIRONMENTAL PROTECTION AGENCY Tomato juice, tomato concentrates, and comments by Rules Going Into Effect Today Clean Water Act Amendments of 1977, catsup; Identity standards; 7-10-78 ...... 19864; 5-9-78 implementation; comments by 7-14-78. items eligible for 20821; 5-15-78 Health Care Financing Administration- NOTE There were no In inclusion in the list of Ruas GOING INTO Exemptions from requirement of a tolerance Medical assistance program, changes EFFECT TODAY. certain inert ingredients in , pesti- method or level of reimbursement for for comments by cide formulations; comments by 7-14-78. health care service.; 25697; 6-14-78 7-11-78 ...... 20516; 5-12-78 plans; approval and Health Resources Adminstration- State implementati6n for health on Proposed Rules implementation: Governing body requirements by Delayed Compliance Order for Masillon systems agencies; comments 7-10-78 ...... 22850; 5-26-78 ACTION State Hospital, Masillon, Ohio; comments by 7-10-78 ...... 24858; 6-8-78 Office of the Secretary- Nondiscrimination on the basis of handicap Umitations on Payment or Reimbursement in programs receiving Federal financial as- Massachusetts; Revisions to Regulation 7, §, for Drugs; comments by 7-13-78 sistance; comments by 7-10-78... 19883; Open Burning, and Regulation Dust 25450; 6-13-78 5-9-78 and Odor, comments by 7-10-78. 24857; 6-8-78 Social Security Administration- AGRICULTURE DEPARTMENT comments by 7-10-78 ....25146; Extension of special age 72 payments and Oregon; benefits Agricultural Marketing Service- 6-9-78 supplemental security Income Islands; com- Irish potatoes grown in Wash.; handling of; Virginia; revisions; comments by to the Northern Mariana comments by 7-11-78 ...... 27552; ...... 24858; 6-8-78 ments by 7-10-78 ...... 25090; 6-9-78 6-26-78 7-10-78 Washington State; comments by DEVELOPMENT Wool and Mohair Advertising and Promo- HOUSING AND URBAN 7-10-78 ...... 25147; 6-9-78 DEPARTMENT tion; comments by 7-13-78 ...... 25430; 6-13-78; 27845; 6-27-78 EQUAL EMPLOYMENT OPPORTUNITY Office of Assistant Secretary for Housing- Animal and Plant Health Inspection COMMISSION -Federal Housing Commissioner- Service- Schedule of fees; Freedom of Information Increase In maturity period for "single. Viruses, serums, toxins, and analogous Act; comments by 7-15-78 ...... 26454; wide" mobile home loans; comments products; miscellaneous amendments; 6-20-78 by 7-12-78 ...... 25349; 6-12-78 comments by 7-12-78 ...... 20506; Office of the Secretary- 5-12-78 FEDERAL COMMUNICATIONS Disaster Procurements; comments by Rural Electrification Administration- COMMISSION 7-13-78 ...... 25449; 6-13-78 Rural telephone program; digital, stored "Broadcasts in the blind" by aircraft radio program controlled central office equip- stations on certain frequencies; comments INTERIOR DEPARTMENT ment; comments by 7-10-78 .... 25138; by 7-14-78 ...... 25150; 6-9-78 Fish and Wildlife Service- 6-9-78 Cable television relay service; comments ex- Maryland darter, determination of critical CIVIL AERONAUTICS BOARD tended to 7-12-78 ...... 23616; 5-31-78 habitat; comments by 7-11-78 . 20518: 5-12-78 Certificated air carriers; accounting and re- [Originally published at 43 FR 9500, porting; comments by 7-10-78 ..... 25138; 3-8-78] Migratory bird hunting; frameworks for ear- 6-9-78 Table of assignments, FM broadcast sta- ly season migratory bird hunting regulations: tions; comments by 7-13-78 ..... 28012; COMMERCE DEPARTMENT Beaverton, Mich.; reply comments by -28-78 Office of the Secretary-- 7-10-78 ...... 19240; 5-4-78 Land Management Bureau- Specification for labeling of thermal insula- Fairbanks, Alaska; reply comments by Geothermal resources leasing; general tion for homes; comments by 7-14-78. 7-10-78 ...... 18574; 5-1-78 competitive leases, procedures; com- -23488; 5-30-78 Greensboro, Ga.; reply comments by ments by 7-14-78 ...... 20826; 6-15-78 COMMODITY FUTURES TRADING 7-10-78 ...... 19241; 5-4-78 LABOR DEPARTMENT COMMISSION FEDERAL MARITIME COMMISSION Office of the Secretary- Positions exceeding 25 percent of the open - Financial reporting requirements; average of individual privacy records; interest, in the delivery month of a Protection Commodity future; comments by 7-12-78. value of rate base; comments by 7-14-78. comments by 7-10-78.. 25145; 6-9-78 15438; 4-13-78 26081; 6-16-78 NATIONAL AERONAUTICS AND SPACE COMMUNITY SERVICES AdrMINISTRATION FEDERAL RESERVE SYSTEM ADMINISTRATION Uniform Federal standards; payment require- Truth-in-lending; preservation of evidence of- Fioodplain and wetlands management; com- •ments; comments by 7-14-78 ...... 25698; compliance; 'comments by 7-14-78. ments by 7-10-78 ...... 25137; 6-9-78 6-14-78 22927; 5-30-78 Space transportation system; articles authorized to be carried on space transportation DEFENSE CIVIL PREPAREDNESS AGENCY HEALTH, EDUCATION AND WELFARE system flights; comments by 7-15-78. Consolidated grants to insular areas; com- DEPARTMENT 25693; 6-14-78 ments by 7-14-78 ...... 26335; 6-19-78 Drug Administration- Food and NUCLEAR REGULATORY COMMISSION ENERGY DEPARTMENT ) Diagnostic X-Ray systems and their major components; X-Ray beam limitation de- Decommissioning criteria for nuclear facili- Federal Energy Regulatory Commission- and fluoroscopic ties; comments by 7-15-78 ...... 19053; Elimination of certain rate-change filing vices for radiographic X-Ray systems; comments by 7-10-78. 5-3-78 requirements; comments by 7-10-78. [First published at 43 FR 10370, 3-13-781 26026; 6-16-78 19879; 5-9-78 FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 REMINDERS-Continued

POSTAL SERVICE Massachusetts, Boston, Mass. (open), Scientific Adisory Board Logistics Cross- International express mail rates; comments 7-12-78 26470; 6-20-78 Matrix Panel, Hill Air Force Base, Utah by 7-14-78 ...... _ 26033; 6-16-78 New York, New York, N.Y. (open), (open), 7-13 and 7-14-78 - 26606; 7-12-78 26470; 6-20-78 6-21-78 TRANSPORTATION DEPARTMENT New York, New York, N.Y. (open), Scientif.c Adisory Board Close Air Sup- Coast Guard- 7-13-78 28224; 6-29-78 port Subgroup, Washington, D.C. Licensing requirements for second class [Originally published at 43 FR 26470, (closed), 7-10-78 - 27229; 6-23-78 operators of uninspected towing ves- June 20, 19781 Scientific Adviscry Board Ar Defense sub- sels; comments-by 7-9-78..... 22653; Vermont, Montpelier, VL (open), group, WashIngton, D.C. (closed), 7-12 5-25-78 7-11-78 - 26470; 6-20-78 and 7-13-78.. 27230; Federal Highway Administration- Wisconsin, Milwaukee, VArs. (open), 7-12-78 ._____. 26470 6-20-78 6-23-78 Minimum cab space dimensions; com- Ar'my Department- ments by 7-14-78 ...... 6274; 2-14-78 CIVIL SERVICE COMMISSION Exec ,°eCommittee of the National Materials Transportation Bureau- .Federal Prevailing Rate Advisory Committee, Board for the Promoton of Rifle Prac- Leak reporting requirements for transpor- tice, WashIngton. D.C. (open). tation of natural and other gas by pipe- Washington, D.C. (open), 7-13-78 26604; 6-21-78 7-14-78 - 24117; 6-2-78 line; comments by 7-10-78 ..... 24478; Off' ce of the Secretary- 6-5-78 COMMERCE DEPARTMENT DOD Ad-isory Group on Electron OF- Specification for pressure tank car tanks; Industry and Trade Adminstraton-- Vces, Nsw York N.Y. (c!osei), compliance reporting; comments by Materials and Acoustic Wave. Memory, 7-11-78 - 23754; 6-1-78 7-10-78 ...... 24865; 6-8-78 and Photo Conductiva Dievice Subcom- Defense Science Board Task Force National Highway Traffic Safety Administra- mittee of the Semiconductor Techncal on Space Systems Planning and De- tion- Advisory Committee, Washlngton, D.C. velopment, Los Angeles Air Force Sta- Passenger automobile average fuel econo- (closed), 7-13-78 - 26333; 6-19-78 tion, Cafl (closed), 7-13 through my standards decision to grant exemp- Microcircuit Subcommittee of the Sem- 7-15-73 ...... 26346; 6-19-78 tion; comments by 7-10-78 ...... 24871; conductor Technical Adviory Commit. Electron Devices Advisory Group, New 6-8-78 tee, Washington, D.C. (closed), York N.Y. (c;:)sed), 7-12-78- 26773; Treatment of confidential business infor- 7-12-78 _ _. 26340 6-19-78 6-22-78 mation;, comments by 7-10-78.. 22412; Semiconductor Technical Advisory Com- [Originally publshed at 43 FR 23754, 5-25-78 mittee, Semiconductor Manufacturing June 1, 1978) Equipment Subcommittee. Washington, Science Board Task Force-Baistic Mi.- TREASURY DEPARTMENT D.C. (closed), 7-12-78 27879;, -27-78 Monetary Offices- sue Defense Advisory Committee, Semiconductor Technrcal Advllsory Com- Washington, D.C. (closed), 7-12 and Portfolio Investment Survey Regulations; mittee, Washingstn, D.C. (clzsed), comments by 7-14-78 ...... 25636; 7-13-78 - 26773; 6-22-78 7-14-78 ...... 26101; 6-16-78 Wage Commit.ee, Washington, D.C. 6-13-78 Transistor, Diode and Thyristor Subcom- (closed), 7-11-78 - 19704; 5-8-78 Office of the Secretary- mittee of the Semiconductor Technical Solicitation by practitioners before the In- Advisory Committee, Washington, D.C. INVIRONMENTAL PROTECTION AGENCY temal Revenue Service; comments by (closed), 7-13-78 - 26340; 6-19-78 Ai Pollut:n Control Techniques Nat:enal Ad- 7-14-78 ...... 25695; 6-14-78 National Fire Prevention and Control Admin- vlsory Comrnttee, Ral.eigh, N.C. (open), istration- 7-11 and 7-12-78 - 26797; 6-22-78 National Academy for Fire Pre',entlon and Natonal Ar Polution Control Tezhni;ues Ad- Next Week's Meetings Control, Fire Training and Education Ad- V ory Comn Ite3, Ralegh, N.C., 7-11 andi visory Committee, Alexandria, Va. 7-12-78 ...... 26797; 6-22-78 (open), 7-13 and 7-14-78 ...... 26605; Oceanogaphy Pro'ect Support, WashLngton, AGRICULTURE DEPARTMENT -21-78 D.C. (c.zsed), 7-10 and 7-11-78 - 26S34; Science and Education Administration- National Oceanic and Atmosphene Admris- 6-22-78 Joint Council on Food and Agricultural Sci- tration- SEntff Ad&viory Bozrd Execut,e Cornmt- ences, Washington, D.C. (open), 7-13 Gulf of Menico Fishery Management Coun- t:e, Washington, D.C. (open), 7-10 and and 7-14-78 ... 27220; 6-23-78 cil, Key West Fla. (partfily open), 7-11, 7-11-78 26797; 6-22-78 7-12, and 7-13-78. 26471; 6-20-78 Scien:e Adv;sory Board, Health Effects Re- ARMS CONTROL AND DISARMAMENT Mid-Atlantic and Neiv England Fizhery search Rsv's-s Group, Washington, D.C. AGENCY Management Counc.1s, Hunt Val!ey, Md. (open), 7-13-78 - 26123; 6-16-78 General Advisory Comrnittee, Washington, (open), 7-12 and 7-13-78 ...... 26472; State a;p"-at on for safe drLnking water pri- D.C. (closed), 7-13 and 7-14-78.. 26602; 6-20-78 mary enfrcement responsbuy, Concord, 6-21-78 M'd-Atlantc Fishery Management Coun- N.L (open), 7-11-78 - 26478; 6-20-78 cil's Mackeral Adv-hfcry Subpanel, Do- ARTS HUMANITIES, NATIONAL ver, Del. (open), 7-10-78 ...... 26472; FEDERAL COMI.UNICATIONS FOUNDATION 6-20-78 COMMISSION Humanities Panel Advisory Committee, Pacific Fishery Management Councl, Mon- Rao Tc:hn!zal Commnssion for Mare Washington, D.C. (closed), 7-12 and terey. Calif. (partially open), 7-13 and Services, Washigton, D.C., 7-14-78. 7-13-78 ...... 27263; 6-23-78 7-14-78...... 23752; 6-1-78 - 22044; 6-23-78 Humanities Panel Advisory Committee, Salmon Advisory Subpanef, Monterey, Ca- Washington, D.C. and Chicago, Ill. (open), lif. (open), 7-12-78- 23752; 6-1-78 FEDERAL MEDIATION AND CONCIUATION 7-10,7-11, 7-14, and 7-15-78.- 22501- Scientific and Statistical Comrrttce, Mon- SERVICE 25502; 6-13-78 terey, Calif. (open), 7-12 and A itraton SErVices Advisory Comm;ttee, Wash:inton D.C. (opan), 7-13 and CIVIL RIGHTS COMMISSION 7-13-78...... 23752; 6-1-78 7-14-7a 28349; 6-19-73 State advisory committees- DEFENSE DEPARTMENT Idaho Burley, Idaho (open), 7-13 and Air Force Department- GOVERNMENT PRINTING OFFICE 7-15-78 ...... 26470; 6-20-78 Scientific Advisory Board Aeronautics I6=orpbshng Advisory Cocil to the Pub- Kentucky, Louisville, Ky. (open), 7-13 and Panel. Scott Air Force ease. [It. (open), Fli Printer, Wasnington, D.C. (open), 7-14-78 ...... 26470; 6-20-78 7-10 and 7-11-78--__ 266G6; 8-21-78 7-14-78___ _ 27603; 6-26-78

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 REMINDERS-Continued HEALTH, EDUCATION, AND WELFARE INTERIOR DEPARTMENT STATE DEPARTMENT DEPARTMENT Land Management Bureau- International Telegraph and Telephone Con- Alcohol, *Drug Abuse, and Mental Health Rawlings District Grazing Advisory Board, sultative Committee. Study Group I of the Administration- Rawlings, Wyo. (open), 7-10-78. U.S, Organization, Washington, D.C. Advisory Committees, Rockville, Md. 25881; 6-15-78 (open), 7-12-78 ...... 26173; 6-16-78 (open), 7-13 through 7-15-78 .. 25191; National Park Service- International Telegraph and Telephone Con. 6-9-78 Canaveral National Seashore Advisory sultation Committee, Study Group 4 of tho Education Office- Commission, New Smyrna Beach, Fla. U.S. Organization, Washington, D.C. Education of Disadvantaged Children Na- (open), 7-14-78 ...... 26145; 6-16-78 (open). 7-13-78 ...... 26173; 6-16-78 tional Advisory Council, Washington, D.C. Indiana Dunes National Lakeshore Agency for International Development- (open), 7-14 and 7-15-78 ...... 28253; Advisory CommisSion, Chesterton, Ind. International Food and Agricultural Devel. 6-29-78 (open), 7-14-78 ...... 27906; 6-27-78 opment Board, Joint Committee Arling- Food and Drug Administration- ton, Virginia (open), 7-10 and 7-11-78. Allergenic Extracts Panel, Bethesda, Md. JUSTICE DEPARTMENT 26809; 6-22-78 (open), 7-13 and 7-14-78 ...... 26487; Bureau of Prisons- International Food and Agricultural Dovel. 6-20-78 Advisory Corrections Council McNeil Is- opment Board, Joint Research Commit- Cardiovascular and renal drugs Advisory land, Washington (open), 7-13-78. tee Arlington, Virginia (open), 7-11 and Committee, Rockville, Md. (open), 7-10 17-12-78 ...... 26809; 6-22-78 and 7-11-78 ...... 26485; -20-78 26620; 6-21-78 Shipping Coordinating Committee, Safety Contraceptives and other Vaginal Drug LABOR DEPARTMENT of Life at Sea Subcommittee, Washing- Products Panel, Rockville, Md. (open), Employment and Training Administration- ton, D.C. (open), 7-11-78 ...... 26810; 7-10 and 7-11-78 ...... 26485; 6-20-78 Federal Committee on Apprenticeship, 6-22-78 Dentifrices and Dental Care Agents Panel, Subcommittee on Automotive Repair TRANSPORTATION DEPARTMENT Rockville, Md. (open), 7-11 through. 7-13-78 ...... 26486; 6-20-78 Apprenticeship Standards, Salt Lake Coast Guard- Orthopedic Section of the Surgical and City, Utah (open), 7-11-78 ...... 27260, Chemical Transportation Advisory Commit- Rehabilitation Devices Panel, Washing- 6-23-78 tee, Subcommittee on Chemical Ves. ton, D.C. (open), 7-13 and NATIONAL AERONAUTICS AND SPACE sels, SL' Louis, Mo. (open), 7-14-78 ...... 26486; 6-20-78 7-11-78 ...... 24929 6-8-78 ADMINISTRATION Rules of the Road Advisory Committee, St. Radiologic Section of the Obstetrics-Gyne- NASA Advisory Council Space Systems and cology Clair, Mich. (open), 7-12 and and Radiologic Devices Panel Technology Advisory Committee, Wash- (open), 7-10-78 ...... 26485; 6-20-78 7-13-78 ...... 26352; 6-19-78 Health Care Financing Administration- ington, D.C. (open), 7-11 and Federal Aviation Administration- New directions for skilled nursing and in- 7-12-78 ...... 27617; 6-26-78 Radio Tectinical Commission, Aeronautics termediate care facilities, Chicago, Ill.. NATIONAL SCIENCE FOUNDATION (RTCA) Special Committee 122, Wash- 7-11 through 7-13-78.. 24873; 6-8-78 Ington, D.C. (open), 7-11 through Ocean Sciences Advisory Committee, Ad 7-13-78 ...... 26811; 6-22-78 -National Institutes of Health- Hoc Subcommittee, Kingston, Rhode Is- Board of Scientific Counselors, NIEHS, UNEMPLOYMENT COMPENSATION Research Triangle Park, N.C. (partially land (closed), 7-13-78 ... 26804; 6-22-78 NATIONAL COMMISSION Ocean Sciences Advisory Committee, open), 7-12 through 7-14-78.... 2460, West Virginia (open), 7-14-78 ...... 25885: 6-6-78 Oceanograph Project Support Subcommit- tee, Washington, D.C. 6-15-78 Cancer and Nutrition Scientific Review (closed), 7-10 and VETERANS ADMINISTRATION Committee, Bethesda, Md. (partially 7-11-78 ...... 26804; -22-78 Science and Society Committee, Science for Station Committee on Educational open), 7-10 thlough 7-12-78 .... 24607; Allowance, Columbia, S.C. (open), 6-6-78 Citizens Subcommittee, Washington, D.C. Cancer Control and Rehabilitation Advi- (partially open), 7-10 through 7-12-78. 7-11-78 ...... 25216; 6-9-78 sory Committee, Bethesda, Md. (open), Educational Allowances Station Committee, 26804; 6-22-78 Buffalo, N.Y. (open), 7-12-78 ...... 25895; 7-12 and 7-13-78 ...... 22788; 5-26-78 Science and Society Committee, Oversight Cancel Immunotherapy Committee, Be- 6-15-78 Subcommittee, Washington, D.C. (open), Veterans Administration Wage Committee, thesda, Md. (partially open), 7-13-78. 7-12-78 ...... 26804; 6-22-78 24607; 6-6-78 Washington, D.C. (closed) Clinical Applications and Prevention Advi- NUCLEAR REGULATORY COMMISSION 7-13-78 ...... 24934; 6-8-78 sory Committee, Bethesda, Md. (partially Reactor Safeguards Advisory Committee, open), 7-13 and 7-14-78 ...... 22787; Washington, D.C., 7-13-78 ...... 28061; Nest Weok's Public 5-26-78 6-28-78 Hearings Diabetes National Advisory Board Execu- Reactor Safeguards 'Advisory Committee, tive Committee, Washington, D.C. Extreme Extemal Phenomena Subcommit- CIVIL AERONAUTICS BOARD (open), 7-12-78 ...... 27898; 6-27-78 tee, Washington, D.C. (open), 7-14-78. St Louis/Kansas City-San Diego route pro- Large Bowel and Pancreatic Cancer Re- 28262; 6-29-78 ceeding, Washington, D.C., 7-11-78 view Committee, Pancreatic Subcommit- 24565; 6-6-78 tee, New Orleans, La. (partially open), Reactor Safeguards Advisory Committee, 7-13-78 ...... 24608; 6-46-78 Fast Flux Test Facility Subcommittee, EMPLOYMENT AND UNEMPLOYMENT Research Manpower Review Committee, Washington, D.C. (partially open), STATISTICS, NATIONAL COMMISSION Bethesda, Md. (partially open), 7-10 and 7-12-78 ...... 27936; 6-27-78 Adequacy of current concepts and methods 7-11-78 ...... 24607; 6-6-78 Reactor Safeguards Advisory Committee, for producing statistics, Atlanta, Ga., Office of the Assistant Secretary for Health- Subcommittee on Radiological Effects and 7-11-78. 24635: -6-78 National Professional Standards Review Siting Evaluation, Washington, D.C. (par- Council, Washington, D.C. (open), 7-10 tially open), 7-11-78 ...... 27617; 6-26-78 ENERGY DEPARTMENT and 7-11-78 ...... 26484; Economic Regulatory Administration- -20-78 SCIENCE AND TEHNOLOGY POLICY Social Security Administration- Environmental assessment of the exeptlon Advisory- Council and Actuaries and OFFICE of motor gasoline from mandatory petro- Economist Panel, Washington, D.C. Intergovernmental Science, Engineering, and leum allocation and price regulations, (open), 7-13 and 7-14-78 ...... 26797; Technology Advisory Panel, Washington, Washington, D.C., 7-12-78 ...... 27995; 6-22-78 D.C. (open), 7-14-78 ...... 28267; 6-29-78 6-2-78

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 REMINDERS-Continued ENVIRONMENTAL PROTECTION AGENCY POSTAL RATE COMMISSION Drinking water, control of organic chemical Mail Classification Schedu!e, 1977; Washng- contaminants, Washington, D.C., 7-11 and ton, D.C., 7-11-78 ...... 25504; 6-13-78 I Ust of Public Laws I 7-12-78 (First published at 43 FR 5756, 2-9-78) ...... 19055; 5-3-78 REVIEW OF ANTITRUST LAWS AND This Is a continuing listing of public bDls Drinling that have become law. the text of which is Water Interim Primary Regulations, PROCEDURES, NATIONAL COMMISSION not publ-hed In the F~m~z, REGrsmE_ Washington, D.C. (open), 7-11 and Complex antitrust litigation, Washington, Copies of the laws In individual psmpblet 7-12-78 ...... 25838; D.C., 7-11 through 7-13-78 - form (referred to a; "slip la- S) may be ob- 6-15-78 26351; 6-19-78 taned from the US. Government Printing HEALTH, EDUCATION, AND WELFARE Office. DEPART .iENT TRANSPORTATION DEPARTMENT [La .ting. June 29, 1978] Education Office- - Coast Guard- Campus-based student financial assist- Visual dstress signals on boats, Ch!!-go, H.R. 5176 Pub. L 95-303 ance programs To lower the duty on levuaose unt-, th3 closa funding process, Wash- of June 30. 1930. (June 29, 1978; P2 Stat ington, D.C., 7-11-78.... 25149; 6-9-78 6-19-78 Campus-based student financial assist- 346) Price: S.90. Visual distrcs s!gnals on boats, Del Ray, H.L 10323 Pub. L 95-304 ance programs Calif., 7-Z7M.... .236; funding process, Chica- To amend the Natonal Ad/-,sory Comm~tee go, Ill., 7-13-78 ...... 25149; Act of 1977 to 6-9-78 6-19-78 on Oceans and Atmosphere Federal Rerroad Adminstraton- author&e appropriations to carry out the LABOR DEPARTMENT General railroad safety lnqu'ry, VW "hn- prw;zns of such Act for fiscal year 1979, Employment Standards Administiation- and for other purposes. (June 29, 1978; 92 ton, D.C., 7-12-78. Stat 347) Price: $.50. Standards for Determining Coalminer's To- 26337; tal Disability or Death Due to Pneumo- 7-19-78 S. 2973. -- Pub. L 95-305 coniosis, Pikevlle, Ky., 7-10-78. TREASURY DEPARTMENT Authorizing a roporiatris to the Secretary 26588; 6-21-78 of the Interior for serwvces necessarj to the Monetary Offices- nonperfom:nq arts funz'ons of the John NUCLEAR REGULATORY COMMISSION Portfor-o Investment Survey Regu!atins, F. Kennedy Center for the Performin- Arts, Authority for access to or control over special Washington, D.C., 7-10-78- 25636; and for other purposes. (June 29,1978; 92 nuclear material, 7-10-78. 18683; 5-2-78 6-13-78 Stat. 348) PrI.e: $.50.

FEDERAL REGISTER, VOL. 43, NO. 129-WEDNESDAY, JULY 5, 1978

presidential documents 28965

[3195-013 Title 3-The President

Executive Order 12066 0 June 29, 1978

Inspection of Foreign Assistance Programs

By the authority vested in me as President of the United States of America by Section 124 of the International Development and Food Assistance Act of 1977 (Public Law 95-88, 95 Stat. 541) and Section 301 of Title 3 of the United States Code, and in order to assist the Secretary of State in carrying out his responsibilities under Section 622(c) of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2382(c)), hereafter referred to as the Act, it is hereby ordered as follows: 1-1. Assigmnent of Duties and Responsibilities. 1-101. I hereby direct the Secretary of State to assign to the Inspector General, Foreign Service, all duties and responsibilities vested in the Inspector General, Foreign Assistance by Section 624(d) of the Act (22 U.S.C. 2384(d)). 1-102. Having determined that all of the authorities vested in the Inspec- tor General, Foreign Assistance, by Section 624(d) of the Act are necessary for the Inspector General, Foreign Service, to carry out the'duties and responsibilities assigned to him pursuant to this Order, I hereby authorize the Inspec- tor General, Foreign Service, to exercise all such authorities subject to the provisions of Section 1-2 of this Order. 1-2. Peiformance of Duties and Responsibilities. 1-201. In carrying out his duties and responsibilities and in exercising his authorities pursuant to this Executive Order, the Inspector General, Foreign Service, shall not duplicate the scope of the audit, investigation and inspection authorities of the other agencies, including those of the Inspectors General of the armed services, and shall concentrate upon matters that have substantial and direct impact upon the responsibilities of the Secretary of State under Section 622(c) of the Act. 1-202. The authority described in Section 624(d)(6) of the Act shall be exercised by the Inspector General, Foreign Service, only with the specific consent of the Secretary of State and in accordance with regulations prescribed by the Secretary of State which, whenever practical, afford the head of any agency whose programs are subject to audit, review or inspection pursuant to such Section a reasonable opportunity to take corrective action before any suspension takes effect.

FEDRAL KG VOL 43, NO. 129-W MAY, JULY 5, 1971 28966 THE PRESIDENT 1-3. Administrative Matters. 1-301. The Secretary of State shall provide for the appropriate transfer of offices, entities, property, and- records of the Office of the Inspector General, Foreign Assistance to the Office of the Inspector General, Foreign Service. 1-302. This Executive Order is effective July 1, 1978.

THE WHITE HOUSE, June 29, 1978.

[FR Doc. 78-18685 Filed 6-30-78; 4:22 pm]

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 THE PRESIDENT 28967

[3195-01]

Executive Order 1206T June 30, 1978

Providing for Coordination of Federal Equal Enmployment Oppormify Prog ms

By virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, including Section 9 of Reorganization Plan Number I of 1978 (43 FR 19807), it is ordered as follows: 1-1. Implementation of Reorganization Plan. 1-101. The transfer to the Equal Emplo)ment Opportunity Commission of all the functions of the Equal Emplo)ment Opportunity Coordinating Council, and the termination of that Council, as provided by Section 6 of Reorganization Plan Number 1 of 1978 (43 FR 19807), shall be effective on July 1, 1978. 1-2. Responsibilities of Equal Employment Opportunity Commision. 1-201. The Equal Employment Opportunity Commission shall provide leadership and coordination to the efforts of Federal departments and agen- des to enforce all Federal statutes, Executive orders, regulations, and policies which require equal employment opportunity without regard to race, color, religion, sex, national origin, age or handicap. It shall strive to maximize effort, promote efficiency, and eliminate conflict, competition, duplication and inconsistency among the operations, functions and jurisdictions of the Federal departments and agencies having responsibility for enforcing such statutes, Executive orders, regulations and policies. 1-202. In carrying out its functions under this order the Equal Employ- ment Opportunity Commission shall consult with and utilize the special exper- tise of Federal departments and agencies with equal employment opportunity responsibilities. The Equal Employment Opportunity Commission shall cooperate with such departments and agencies in the discharge of their equal employment responsibilities. 1-203. All Federal departments and agencies shall cooperate with and assist the Equal Employment Opportunity Commission in the performance of its functions under this order and shall furnish the Commission such reports and information as it may request. 1-3. Specific Responsibilities. 1-301. To implement its responsibilities under Section 1-2, the Equal Employment Opportunity Commission shall, where feasible: (a) develop uniform standards, guidelines, and policies defining the nature of employment discrimination on the ground of race, color, religion, sex, national origin, age or handicap under all Federal statutes, Executive orders, regulations, and policies which require equal employment opportunity; (b) develop uniform standards and procedures for investigations and compliance reviews to be conducted by Federal departments and agencies under any Federal statute, Executive order, regulation or policy requiring equal employment opportunity;

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1975 28968 THE PRESIDENT (c) develop procedures with the affected agencies, including the use of memoranda of understanding, to minimize duplicative investigations or compliance reviews of particular. employers or classes of employers or others covered by Federal statutes, Executive orders, regulations or policies requiring equal employment opportunity; (d) ensure that Federal departments -and agencies develop their own standards and procedures for undertaking enforcement actions when compliance with equal employment opportunity requirements of any Federal statute, Executive order, regulation or policy cannot be secured by voluntary means; (e) develop uniform record-keeping and reporting requirements concerning employment practices to be utilized by all Federal departments and agencies having equal employment enforcement responsibilities; (f) provide for the sharing of compliance records, findings, and supporting documentation among Federal departments and agencies responsible for ensuring equal employment opportunity;, _ (g) develop uniform training programs for the staff of Federal departments and agencies with equal employment opportunity responsibilities; (h) assist all Federal departments and agencies with equal employment opportunity responsibilities in developing programs to provide appropriate publications and other information for those covered and those protected by Federal equal employment opportunity statutes, Executive orders, regulations, and policies; and (i) initiate cooperative programs, including the development of memoranda of understanding between agencies, designed to improve the coordination of equal employment opportunity compliance and enforcement. 1-302. The Equal Employment Opportunity Commission shall assist the Civil Service Commission, or its successor, in establishing uniform job-related qualifications and requirements for job classifications and descriptions for Federal employees involved in enforcing all Federal equal employment opportunity provisions. 1-303. The Equal Employment Opportunity Commission shall issue such rules, regulations, policies, procedures or orders as it deems necessary to carry out its responsibilities under this order. It shall advise and offer to consult with the affected Federal departments and agencies during the development of any proposed rules, regulations, policies, procedures or orders and shall formally submit such proposed issuances to affected departments and agencies at least 15 working days prior to public announcement. The Equal Employment Opportunity Commission shall use its best efforts to reach agreement with the agencies on matters in dispute. Departments and agencies shall comply, with all final rules, regulations, policies, procedures or orders of the Equal Employ- ment Opportunity Commission. 1-304. All Federal departments and agencies shall advise and offer to consult with the Equal Employment Opportunity Commission during the development of any proposed rules, regulations, policies, procedures or orders concerning equal employment opportunity. Departments and agencies shall formally submit such proposed issuances to the Equal Employment Opportu- nity Commission and other interested Federal departments and agencies at least 15 working days prior to public announcement. The Equal Employment Opportunity Commission shall review such proposed rules, regulations, policies, procedures or orders to ensure consistency among the operations of the various Federal departments and agencies. Issuances related to internal management and administration are exempt from this clearance process. Case handling procedures unique to a single program also are exempt, although the Equal Employment Opportunity Commission may review such procedures in order to assure maximum consistency within the Federal equal employment opportunity program.

FEDERAL REGISTER, VOL 43, NO. 129-WENESDAY, JULY 5, 1978 THE PRESIDENT 28969 1-305. Before promulgating significant rules, regulations, policies, procedures or orders involving equal employment opportunity, the Commission and affected departments and agencies shall afford the public an opportunity to comment. 1-306. The Equal Employment Opportunity Commission may make recommendations concerning staff size and resource needs of tie Federal departments and agencies having equal employment opportunity responsibilities to the Office of Management and Budget.' 1-307. (a) It is the intent of this order that disputes between or among agencies concerning matters covered by this order shall be resolved through good faith efforts of the affected agencies to reach mutual agreement. Use of the dispute resolution mechanism contained in Subsections (b) and (c) of this Section should be resorted to only in extraordinary circumstances. (b) Whenever a dispute which cannot be resolved through good faith efforts arises between the Equal Employment Opportunity Commission and another Federal department or agency concerning the issuance of an equal employment opportunity rule, regulation, policy, procedure, order or any matter covered by this Order, the Chairman of the Equal Employment Oppor- tunity Commission or the head of the affected department or agency may refer the matter to the Executive Office of the President. Such reference must be in writing and may not be made later than 15 working days following receipt of the initiating agency's notice 9f intent publicly to announce an equal employment opportunity rule, regulation, policy, procedure or order. If no reference is made within the -15 day period, the decision of the agency which initiated the proposed issuance will become effective. (c) Following reference of a disputed matter to the Executive Office of the President, the Assistant to the President for Domestic Affairs and Policy (or such other official as the President may designate) shall designate an official within the Executive Office of the President to meet with the affected agencies to resolve the dispute within a reasonable time. 1-4. Annual Report. 1-401. The Equal Employment Opportunity Commission shall include in the annual report transmitted to the President and the Congress pursuant to Section 715 of Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e-14), a statement of the progress that has been made in achieving the purpose of this order. The Equal Employment Opportunity Commis- sion shall provide Federal departments and agencies an opportunity to comment on the report prior to formal submission. 1-5. GeneralProvisions. 1-501. Nothing in this order shall relieve or lessen the responsibilities or obligations imposed upon any person or entity by Federal equal employment law, Executive order, regulation or policy. 1-502. Nothing in this order shall limit the Attorney General's role as legal adviser to the Executive Branch.

THE W%rHITE HOUSE, June 30, 1978. FR Doe. '78-18686 Filed 6-30-'78; 4:23 pm]

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978

THE PRESIDENT 28971 [3195-01]

Executive Order 12068 0 June 30, 1978

Providing for Transfer to the Attorney General of Certain Functions Under Section 707 of Title Vii of the Civil Rights Act of 1964, as Amended

By virtue of the authority vested in me as President of the United States by the Constitution and laws of the United States, including Section 9 of Reorganization Plan Number 1 of 1978 (43 FR 19807), in order to clarifl the Attorney General's authority to initiate public sector litigation under Section 707 of Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e-6), it is ordered as follows: 1-1. Section 707 Functions of Ihe Attorney General. 1-101. Section 5 of Reorganization Plan Number 1 of 1978 (43 FR 19807) shall become effective on July 1, 1978. 1-102. The functions transfered to the Attorney General by Section 5 of Reorganization Plan Number 1 of 1978 shall, consistent with Section 707 of Title VII of the Civil Rights Act of 1964, as amended, be performed in accordance with Department of Justice procedures heretofore followed under Section 707.

THE WHrrE HousE, June 30, 1978. [FR Doe. 78-18687 Flied 6-30-78; 4:24 pm]

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978

THE PRESIDENT 28973 [3195-01]

Executive Order 12069 June 30, 1978

Relatfig to Certain Positions in Level IV of the Executive Schedule

By the authority vested in me as President of the United States of America by Section 5317 of Tide 5 of the United States Code, Section 1 of Executive Order No. 11861, as amended, placing certain positions in level IV of the Executive Schedule, is further amended by deleting "Deputy Under Secretary, Department of Transportation" in subsection (9) and inserting in lieu thereof "Administrator, Research and Special Programs Administration, Department of Transportation".

THE WHITE HOUSE, June 30, 1978. [FR Doc. 78-18688 Filed 6-30-78; 4:25 am]

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 0 THE PRESIDENT 28975

[3195-01]

PROCLAMATION 4576 Free Enterprise Day, 1978

By the President of the United States of America A Proclamation

The development of the American economy has historically been the result of the interaction between the abundant natural resources of our land and the enterprising spirit of our people. Our system of economic enterprise reflects many of the same values that are embodied in our political system of democracy and civil liberty. Excessive government regulation-regulation that does not serve the public interest-must concern us all. Unfortunately, free enterprise is sometimes easier to praise than to practice. But all who believe in free enterprise can take heart from the fact that when it is reintroduced into areas of our economy where it has long been dormant, the results can be salutary. A good example is the airline industry, wshere recent administrative steps toward greater competition have quickly led to both lower fares and higher profits, confirming the advisability of permanent deregulation by law. By joint resolution (SJ. Res. 128), die Congress has authorized and requested the President to issue a proclamation designating July 1, 1978, as "Free Enterprise Day." NOW, THEREFORE, I, JIMMY CARTER, President of the United States of America, do hereby proclaim July 1, 1978, as Free Enterprise Day. I call upon the people of the United States and interested groups and organizations to mark this observance with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of June, in the year of our Lord nineteen hundred seventy-eight, and of the Independence of the United States of America the two hundred and second.

(FR Doe. 78-18709 Filed 7-3-78; 11:04 am]

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978

THE PRESIDENT 28977

[3195-01]

Executive Order 12070 * June 30, 1978

Adjustment of Cost of Living Allowances

By the authority vested in me as President of the United States of America by Section 5941 of Title 5 of the United States Code, and in order to authorize the temporary restoration of the cost of living allowance to certain employees, it is hereby ordered as follows: 1-1. Suspension of Applicable Requirements. 1-101. The requirement of Section 205(b)(2) of Executive Order No. 10000, as amended, that consideration be given to quarters or subsistence, commissary or other purchasing privileges, in determining cost of living allowance rates, is suspended except to the extent that such privileges are furnished as a result of Federal civilian employment. 1-102. Quarters or subsistence, commissary or other purchasing privileges, shall not be taken into consideration in determining cost of living allowance rates of employees who are furnished such facilities as a result of Federal civilian employment but who do not use them. 1-2. Administrative Matters. 1-201. This Order shall take effect July 30, 1978 and shall operate prospectively. 1-202. The United States Civil Service Commission shall conduct a study of problems associated with the implementation of Section 5941 of Title 5 of the United States Code. The Commission's findings and recommendations for long-term solutions to problems encountered with respect to the cost of living allowance and differential compensation authorized by that statute shall be submitted to the President.

THE WnrE HOUSE, June 30, 1978.

(FR Doe. 78-18710 Filed 7-3-78; 11:05 am]

FEDERAL REGISTER, VOL 43, NO. 129-WENESDAY, JULY 5, 1978

28979 rules and regulations

This section of the FEDERAL REGISTER contains regulatory documents having general apptcab:l,'i and legal effect nost of whlih are keyed to and codified in the Code of Federal Regulations, which is published under 50 i;tles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of re books are fisted in the first FEDERAL REGISTER issu;e of each month.

have been designated as suppressive [3410-01] (10) Maintain overall responsibility and control over the preparation of areas, where a witchweed eradication Title 7-Agriculture the "Agricultural Decisions." program Is currently being undertaken. SUBTITLE A-OFFICE OF THE SECRETARY OF * * a * a Surveys conducted by the U.S. De- AGRICULTURE partment of Agriculture and State (5 U.S.C. 301 and Reorganlzatlon Plan No. 2 agencies of North Carolina and South PART 2-DELEGATIONS OF AUTHOR- of 1953.) Carolina establish that witchweed has ITY BY THE SECRETARY OF AGRI- Dated: June 28, 1978. spread, or is likely to spread, to certain areas beyond the outer perimeter of CULTURE AND GENERAL OFFICERS BOB BEROLArD, the existing suppressive areas. There- OF THE DEPARTMENT Secretary. fore, in order to prevent the spread of (FR Doc. 78-18517 Filed 7-3-78; 8:45 am] wltchweed and to facilitate its ulti- Revision of Delegations of Authority mate eradiction, the existing supres- AGENCY: Department of Agriculture. sive areas In the following counties [3410-34] must be extended: Brunswick, Colum- ACTION: Final rule. bus, Craven. Duplin, Greene, Harnett, SUMMARY: The delegations of au- CHAPTER Ill-ANIMAL AND PLANT Johnston, Jones, Lenoir, Fender, Rich- thority of the Department of Agricul- HEALTH INSPECTION SERVICE, DE- mond, Scotland, and Wayne in North ture are amended to transfer the re- PARTMENT OF AGRICULTURE Carolina, and Horry in South Caroli- sponsibility for preparation of the ag- na; and suppressive areas must be es- ricultural decisions from the Assistant PART 301-DOMESTIC QUARANTINE tablished in the formerly unregulated Secretary for Administration to the NOTICES counties of Lee and Pitt in North Director, Office of Governmental and Carolina. The surveys also establish Public Affairs. Subpart-Witchweed that witchweed has been eradicated in EFFECTIVE DATE: July 5, 1978. parts of the following counties, which from the list of suppressive FOR FURTHER INFORMATION MscErLANrous AmENDMEES TO are deleted REGULATED AREAS areas: Dupln, Harnett, Johnston, CONTACT: Jones, Lenoir, Moore, Onslow, Rich- Edwardene Rees, Management Staff, AGENCY: Animal and Plant Health mond, Scotland, and Wayne In North U.S. Department of Agriculture, Inspection Service, USDA. Carolina, and Darlington and Marl- asingh-ni, j.L;. zuzau, zuh-5-± ACTION: Final rule. boro In South Carolina. 6111. SUMMARY: This document amends Other changes are also made to re- Subpart C-Delegations of authority the supplemental regulation which de- flect changes in property ownership. tothhe Deputy Secretary, Assistant See- scribes those areas subject to the Fed- Certain property descriptions are also reta ties, the Director of Economics, eral witchweed quarantine. It removes, revised in order to more accurately de- Policy Analysis and Budget, and the adds, or extends all or parts of certain scribe the regulated areas. Direector, Office of Governmental and counties in North Carolina and South Accordingly, § 301.80-2L of the Public Affairs. Carolina to the suppressive areas. witchweed quarantine regulations (7 1. Section 2.25 is amended by revok- These changes are required in light of CFR 301.80-2a) is hereby amended as ng paragraph (a)(3)(xi) as follows: witchweed infestation information ob- set forth below:. 1. That part of § 301.80-2a, describ- § 2.255 Delegations of authority to the A,. tained from the most recent witch- ing the existing-suppressive areas in sistant Secretary for Administration. weed surveys conducted in these counties. the State of North Carolina, is amend- * * .* * a EFFECTIVE DATE: Wednesday, July ed to read as follows: law 5, 1978. §301.80-2a Regulated areas; suppressive (a Related to administrative and generally infested areas. judg ** *FOR FURTHER INFORMATION (3: CONTACT' (x i) [Revoked]. H. I. Rainwater, Regulatory Support Staff, Animal and Plant Health In- NoMiM CAROLINA spection Service, Plant Protection 2. Section 2.29 is amended by adding and Quarantine Programs, U.S. De- a ne w paragraph (c)(10) as follows: partment of Agriculture, Hyattsville, Md. 20782, 301-436-8247. (2) Suppressive area. § 2.29 Delegations of authority to the Di- SUPPLEMENTARY INFORMATION: Bladen County. The entire county. rector, Office of Governmental and. Witchweed is a parasitic plant which Bruns-ick. County. "Fhe Babson. N. L, Public Affairs. causes the degeneration of corn, sor- farm located on the west side of State Sec- ondary Road 1321 and 0.4 mile south of its * a a a a ghum, and other grassy crops. It has junction with State Highway 130. been found in the United States only The Bryant Otticee farm No. 1 located at (c) Related to information activities, in parts of North Carolina and South the end of a farm road 1 mile west of State *ss*Carolina. Areas within these States Secondary Road 1342, 2.5 miles northwest

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1975 28980 RULES AND REGULATIONS

of said State secondary road and its junc- and 0.9 mile northeast of the Junction of road to Its junction with State Secondary tion with State Highway 211. said Road 1847 with State Secondary Road Road 1346, thence southwest along said The Bryant, Ottice, farm No. 2, located on 1740. road to Its junction with State Secondary both sides of State Secondary Road 1342, The Shipman, C. S., farm located on the Road 1385, thence west along said road to 2.3 miles northwest of said road and Its east side of State Secondary Road 1909 and Its Junction with State Highway 80, thence junction with State Highway 211. 0.6 mile southeast of the Junction of said southeast along said highway to its junction The Meares, Hobson, farm located on Road 1909 with State Secondary Road 1908. with State Secondary Road 1900, thence both sides of State Secondary Road 1165 The Spivey, D. M., farm located in the southeast along said road to Its junction and 2 miles south of the junction of said northeast corner of the intersection of U.S. with State Secondary Road 1003, thence road with U.S. Highway 17. Highway 701 and Gum Swamp. east along said road to Its junction with The Register, W. C., farm located on the The Suggs, Lacy, farm located at the end State Highway 11, thence south along said south side of'State Secondary Road 1147 of a dirt road 0.5 mile southeast of the junc- highway to its junction with State Second- and 0.3 mile east of the Junction of said tion of said road with State Secondary Road ary Road 1922, thence southwest along said road and State Secondary Road 1143. 1108, said junction being 0.7 mile northeast road to its junction with State Secondary The Register, W. T., farm located on the of the junction of State Secondary Road Road 1909, thence south along said road to west side of State Secondary Road 1151 and 1108 and State Secondary Road 1118. its junction with State Secondary Road 0.4 mile south of its junction of State Sec- Craven County. The Goodman, W. D., 1912, thence west along said road to Its In. ondary Road 1147. farm located on both sides of State Second- tersection with the Magnolia city limits, The Smith, B. Coda, farm located on the ary Road 1263 and 2.6 miles east of Its thence south, west, and north along said west side of a dirt road and 0.6 mile north of southern junction with State Secondary city limits to its Intersection with State Sec- Its junction with State Secondary' Road Road 1262. ondary Road 1003, thence southwtst along 1322, said junction being 0.1 mile west of The Hawkins, Annie A., farm located on said road to its junction with State Second. the Junction of Stat Secondary Road 1322 both sides of State Secondary Road 1263 ary Road 1101, thence southeast along said and State Secondary Road 1321. and 1 mile east of the Junction of said Road road to its intersection with State Second. Columbus County. That part of the 1263 with State Secondary Road 1262. ary Road 1102, thence southwest along said county lying north and west of a line begin- The Hodges, Mary K., farm located on road to its junction with State Secondary ning at a point where State Highway 211 in- both sides of State Secondary Road 1263 Road 1126, thence west along said road to tersects the Bladen-Columbus County line, and 2.2 miles east of Its southern junction Its intersection with State Secondary Road thence south along said Highway 211 to its with State Secondary Road 1262. 1100, thence southeast along said road to Its intersection with State Secondary road The West, Gladys W., farm located on intersection with State Secondary Road 1740, thence southwest and south along said both sides of State Secondary Road 1263 1102, thence south along said road to its State Secondary Road 1740 to its junction and 1.4 miles east of its southern junction junction with State Secondary Road 1129, with U.S. Highways 74 and 76, thence west with State Secondary Road 1262. thence southwest along said road to Its in. along said highways to Its Intersection with The White, Raymond E.; farm located on tersection with State Secondary Road 1128, State Secondary Road 1001, thence south both sides of State Secondary Road 1263 thence northwest along said road to Its in. along said Road 1001 to its intersection with and 0.2 mile east of Its northern junction tersection with Duplin-Sampson County, the Seaboard Coastline Railroad, thence with State Secondary Road 1262. thence north along said county line to the west along said railroad to its intersection Cumberland County. All of Cumberland point of beginning. with White Marsh Swamp, thence south County excluding the Fort Bragg Military The Beard, Mary Lou, farm located on along said swamp to Its junction with Cy- Reservation, the area within the corporate both sides of State Secopdary Road 1901 press Creek, thence southwest along said limits of the city of Fayetteville, and the un- amd 0.6 mile west of the intersection of said creek to its Intersection with State Highway incorporated communities of East Fayette- road and the Northeast Cape Fear River. 130, thence northwest along said highway to ville and Bonnie Doone. The Bostic, Jake, farm located on both its Junction with State Secondary Road Duplin County. That area bounded by a sides of State Secondary Road 1961 and 0.5 1166, thence southwest along said road to its line beginning at a point where State Sec- mile west of the intersection of said road junction with State Secondary Road 1157, ondary Road 1337 intersects the Duplln- and the Northeast Cape Fear River. thence southwest along said road to its Sampson County line, The Bradshaw, Gene A., farm located on thence northeast the south junction with U.S. Highway 701, thence along said road to its Junction with State side of State Secondary Road south and west along said highway to its in- Highway 50, thence 1321 and 0.8 mile west of the junction of northwest along said said tersection with State Secondary Road 1314, highway to its Junction with State Second- road with State Secondary Road 1302. thence west along said road to its junction ary Road 1355, thence northeast along said The Bradshaw, Milton J., farm located at with State Secondary Road 1346, thence the northwest end of State Secondary Road road to its junction with State Secondary 1980. southwest along said road' to its junction Road 1332, thence northeast along said road with the North Carolina-South Carolina to its junction with State Secondary Road The Branch, Hall, farm located on the State line. 1304, southeast side of State Highway 11 and 0.6 thence southeast along said road to its mile The Jacobs, Thomas, farm located 0.2 intersection with Bear Swamp, southwest of the Junction of said high. thence east way and State Secondary Road 1004. mile north of State Secondary Road 1847 along said swamp to Its junction with and I mile southwest of the junction of said Goshen Swamp, The Britt, Cornia, farm located on both thence southeast along said sides of State Secondary Road 1545 and 05 Road 1847 with State Secondary Road 1740. swamp to its intersection with State Second- The Long, J. M., farm located on the mile east of the Junction of said road and ary Road 1305, thence north along said road State Secondary Road 1564. southwest side of State Secondary Road to its junction with State Secondary Road 1113 and 0.4 mile northwest of its junction 1306, thence The Brock, Jack, farm located on both - northwest along said road to- sides of State Secondary Road 1700 and 0,8 with State Secondary Road 1108. its Junction with State Highway 403, thence The McLamb, H. M., farm located on the mile west of the intersection of said road northeast along said highway to Its junction and the Northeast Cape Fear River. southwest side of State Secondary Road with State Secondary Road 1368, thence 1113 and 0.5 mile northwest of its junction The Brown, Norman, farm located on the south along said road to its junction with south side of State Secondary Road 1001 with State Secondary Road 1108. State Secondary Road 1367, thence south- The Owen, J. A., farm located on the and 0.6 mile west of the Intersection of said east along said road to Its junction with road and State Secondary Road 1962. southwest side of State Highway 87 and 0.3 State Secondary Road 1365, thence north- mile southeast of the intersection of said The Dail, Albert D., farm located on both east along said road to its junction with sides of State Secondary Road 1524 and 0.1 Highway 87 with the Bladen-Columbus State Secondary Road 1004, thence south- County line. mile north of the Junction of said road and east along said road to its junction with State Secondary Road 1525. The Prince, J. Carl, farm located on both State Secondary Road 1503, thence north- sides of State Secondary Road 1119 and 2.2 The Davis, Jimmie, farm located on the east along said road to its intersection with east side of State Highway 111 and the miles west of Its junction with State Second- State Secondary Road 1500, thence south- ary Road 1103. south side of State Secondary Road 1540. east along said road to Its Intersection with The Davis, Wenzell, farm located on the The Shaw, Archie, farm located 0.2 mile State Secondary Road 1505, thence south southeast south side of State Secondary Road 1560 of State Secondary Road 1864 along said road to its junction with State and and 0.5 mile -southeast of the jundtion of 0.3 mile south of the junction of said Sicondhry Road 1004, thence southeast road and State Secondary Road 1537. said Road 1864 with State Secondary Road alonk said road to its intersection with Na- 1808. The English, James Earl, farm located on hunga Creek, thence southwest along said the north side of State Secondary Road The Shaw, Charles H., farm located 0.1 creek to Its intersection with State Second- 1980 and mile north of State 0.3 mile southwest of the junction Secondary Road 1847 ary Road 1301, thence northwest along said of said road and State Secondary Road 1079,

FEDERAL REGISTER, VOL. 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 28981

The Garner, S. C., farm located on the The Lewis, Merle S., farm located on the The Stokes. Fred. farm located on the south side of State Secondary Road 1306 east side of State Secondary Road 1004 and south side of State Secondary Road 1980 and 0.5 mile west of the junction of said both sides of State Secondary Road 1508. and 2.4 miles west of the junction of said road and State Secondary Road 1511. The Marshburn, Freeman J., farm located road and State Secondary Road 1979. The Goodson, Emma, farm located on the on both sides of State Secondary Road 1128 The Stokes, William C. farm located at south side of State Secondary Road 1501 and 0.7 mile southeast of the intersection of the southwest end of State Secondary Road and 0.3 mile west of the junction of said said road and State Secondary Road 1129. 1980. road and State Secondary Road 1505. The Maxwell. Myra. farm located on the The Summerlin. D. C. farm located on The Grady, E. C., farm located on both southeast side of State Secondary Road the north side of State SEcondary Road sides of State Secondary Road 1700 and 0.7 1306 and the west side of State Secondary 1513 and 0.4 mile east of the junction of said mile west of the intersection of said road Road 1562. road and State Secondary Road 1563. and the Northeast Cape Fear River. The McCullen, Larry, farm loctcd on the The Summerlin. Oliver. farm located on The Grady, Robert, farm located on the northeast side of State Highway 24 and 0.2 the south side of State Highway 403 and 0.1 east side of State Secondary Road 1560 and mile northwest of the Junction of caid high. mile ema, of the corporate limits of the town the south side of State Secondary Road way and State Secondary Road 1S04. of FaLson. 1537. The McGowan, Woodell, farm located on The Sumner. India, farm located on the The Grady, S. Leland, farm located on the south side of State Secondary Road southwest side of State Highway 111 and 1.2 both sides of State Secondary Road 1700 1961 and 1.1 miles west of the Intersection miles couth of the IntersectIon of said high- and 0.6 mile west of the intersection of said of said road and State Secondary Road 1960 way and State SEcondary Road 1700. road and the Northeast Cape Fear River. The Mercer, Cathleen, farm located on The Thoms. J. R., farm located on the The Green, Willie, farm located on both the south side of State Secondary Road north ,dde of State Secondary Road 1709 sides of State Secondary Road 1971, and 0.6 1703 and Li miles east of the intersection of and 1.4 miles east of the intersection of said mile southwest of the junction of said road -id road and State Secondary Road 1704. road and State Secondary Road 1701. and State Highway 50. The Mercer. Herbert C., farm located on The Turner, Lumas. farm located on the The Hall, Raymond, farm located on both the south side of State Secondary Road south cide of State Secondary Road 1703 sides of State Secondary Road 1961 and 1.2 1703 and 0.7 mile west of the Junction of and 0.6 mile west of the Jun-tion of said miles west of the intersection of said road said road and State Secondary Road 1732. road and State Secondary Road 1732. and State Secondary Road 1962. The Norris, Maggie T., farm lcated on The Whaley, Bennie. farm located on the The Harper, Milo, farm located on the the south side of State Secondary northwest side of State Secondry Road southeast side of State Secondary Road Road 1539 1700 and 1.4 miles east of the intercect!on of 1961 and 0.3 mile northeast of the junction and 0.6 mile northeast of the junction of said road and State Secondary Road 1701. said road and State Secondary of caid road and State Secondary Road 1890. Road 1540. The Outlaw. Bennie F., farm located on The VWhtman, Herman R., farm located The Herring Estate, Jeff, farm located on both sides the of State Secondary Road 1524 on the south side of State Secondary Road north side of State Secondary Road and the north side of State Secondary Road 1545 and 0.6 mile 1300 and 0.1 mile west of the junction of east of the junction of said 1525. cald road and State Road 138L road and State secondary Road 1564. The Outlaw, Emma, The Home, Harry, farm located on the farm locat-d on the The Whitman. Herman E., farm located south side of State south side of State Secondary Road 1 9 on the north side of State Secondary Road Secondary Road 1961 and 0.5 mile southwest and 0.8 mile west of the intersection of said of the Junction of 1300 and 0.8 mile east of the intersection of road and State Secondary Road 1962. said road and State Secondary Road 1510. caid road and State Secondary Road 1301. The Howard, Henry, farm located on the The Parrott, Jr., Mrs. Frank, farm located The Williams, McArth=r, farm located on north side of State Secondary Road 1700 on the south side of State Secondary Road the south side of State Secondary Road and 0.8 mile west of the intersection of said 1703 and 0.3 mile east of the intersection of 1351 and 1 mile west of the intersection of road and the Northeast Cape Fear River. said road and State Secondary Road 1704. said road and State Secondary Road 1962. The Hussey Estate, M. W., farm located The Pate, Robert Lee farm located on The Wilson. ammie. farm located on the on the east side of State Secondary Road both sides of State Secondary Road 1357 east. sde of State Highway 111 and 1.0 mile 1560 and 0.2 mile south of the junction of and 0.9 mile southwest of the junctlin of routh of the intersection of said highway said road and State Secondary Road 1537. said road and State Secondary Road 130G. and State Secondary Road 1700. The Johnson, Eldora, farm located on The Powell. William F., farm located on Grcan County. That area bounded by a both sides of State Secondary Road 1123 both sides of State Secondary Road 112,3 line bazinning at a point where State High- and 1.2 miles west of the junction of said and 0.2 mile southeast of the inter-ection of way 102 Intersects State Highway 123 and road and State Secondary Road 1103. said road and State Secondary Road 1129. PJtending south along State Highway 123 to The Jones, Billy, farm located on both The Precythe, Harold farm located on Its intersecton with Contentnea Creek, sides of State Secondary Road 1700 and 0.7 the east side of U.S. Highway 117 and 0.1 thcnca northwest along said creek to its mile west of the intersection of said road mile south of the junction of said highway junction with Panther Swamp. Thence and the Northeast Cape Fear River. and State Secondary Road 1354. northerly along said Panther Swamp to its The Jones, H. A., farm located on the The Rivenbark, George W., farm located Interzection with US. Hizhway 13-253. south side of State Secondary Road 1700 on the northwest side of State Secondary thence easterly along said highway to the and 0.7 mile west of the intersection of said Road 1131 and 0.4 mile southwet of the point of beginning. road and the Northeast Cape Fear River. junction of said road and State Scondary The Cannon. James F., farm loeated on The Kalmar, J. N., farm located on the Road 1128. the east side of State Secondary Road 1004- south side of State Highway 403 and 0.5 The Rouse, Beatrice S., farm located on and 0.4 mile south of its junction with mile west of its junction with State Second- both sides of State Secondary Road 1930 North Carolina Highway 102. ary Road 1304. and at the west end of said road. The Dixon. John, Farm located on the The Kennedy, Owen, farm located on the The Rouse, Jim, farm located on both east side of State Secondary Road 1004 at east side of State Secondary Road 1726 and sides of State Secondary Road 1537 and 0.3 the junction on State Secondary Road 1403. the southeast side of State Secondary Road mile south of the Junction of -aid road and The Dixon. Sudle, farm located on the 1702. State Secondary Road 1300. wes-t side of State Secondary Road 1004 and The Kennedy, Sidney J., farm located on The Rouse, Rouke, farm located on the 0.2 mile south of Its junction of State Sec- the east side of State Secondary Road 1713 north side of State Secondary Road 1537 ondary Road 1405. and 0.2 mile south of the junction of said and the west side of State Secondary Road The Murphrey, Edward. farm located on road and State Highway 41. 1533. the e-t side of State Secondary Road 1004 The King, W. R., farm located on the east The Shepard, J. T., farm located on both and 0.3 mile south of its Junction with State side of State Secondary Road 1302 and 0.1 sides of State Secondary Road 1732 and 0.2 Highway 102. mile south of the junction of said road and mile north of the junction of -add road and The Whitaker. J. H.. farm located on the State Secondary Road 1308. State Secondary Road 1703. ea.t side of State Secondary Road 1004 and The Komegay, Ethyl, farm located 0.2 The Smith. R. J., farm located on the 0.0 mile south of its junction with State mile east of State Secondary Road 1501 and north side of State Highway 11 and 1.2 Highway 102. 0.6 mile south of the intersection of said miles east of the junction of said highway Harnctt County. That area bounded by a road and State Secondary Road 1519. and State Highway 111. line b aainning at a point on the Harnett-Lee The Komegay Estate, Issac, located on The Smith, Sallie P., farm located on the County line due west of the head of Barbe- the southwest side of State Secondary Road northeast side of State Highway Il and 0.8 cue Samp and extending east to the head 1306 and 0.7 mile northwest of the function mile southeast of the Duplln-Wayne County of caid swamp, thence south and east along of said road and State Secondary Road 1305. line. Barbecue Swamp to Its intersection on State

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 28982 RULES AND REGULATIONS

Secondary Road 1201, thence south and The Braswell, T. G., farm located on the The Williams, D. C., farm located on the southeast along said road to its junction east side of State Secondary Road 2519 and south side of State Secondary Road 1128 with State Highway 27, thence southeast 0.4 mile north of the junction of State Sec- and 0.3 mile east of the junction of said along said highway to Its Junction with ondary Roads 2519 and 2520. road with State Secondary Road 1124, State Highway 24, thence southeast along ,The Davis, I. H., farm located on the Jones County. The Pranck, Mrs. Wilber, said highway to its junction with State Sec- southwest side of State Secondary Road farm located on the south side of State Sec- ondary Road 1111, thence southwest along 1197 and 0.1 mile southeast of the jinction ondary Road 1116 and 1.9 miles west of said road to its intersection with Harnett- of said road with State Secondary Road Junction of said road with State Secondary Moore County line, thence northwest along 1198. Road 1115. the Harnett-Moore County line to its junc- The Edwards, Archie, farm located on the The Simpson, Eugene T., farm located on tion with the Moore-Harnett-Lee County south side of State Secondary Road 2542 the south side of State Secondary Road line, thence northeast along the Harnett- and 0.6 mile south of the Junction of said 1116 and 2.5 miles west of the Junction of Lee County line to the point of beginning. road with State Secondary Road 1007. said road and State Secondary Road 1115, That area bounded by a line beginning at The Everett, Betty, farm located on the Lee County. The Mcilvary, Aquilla, farm a point where the Harnett-Cumberland west side of State Secondary Road 2541 and located north of State Secondary Road 1188 County line and McLeod Creek intersect 0.5 mile south of the junction of said road and 0.6 mile east of the Junction of said and extending northwest along said creek to with State Secondary Road 1007. road with State Secondary Road 1001, its intersection with State Secondary Road The Everett, Betty, farm located on a Lenoir County. The Barber, Clarence, 1117, thence northeast, northwest and farm road and 0.6 mile west of Its junction farm located on both sides of State Second, north along said road to its intersection with State Secondary Road 2541, said Junc- ary Road 1301 with 0.2 mile northeast of Its with Anderson Creek, thence southeast tion being 1.9 miles south of the junction of junction with State Secondary Road 1302. along said creek to its intersection with the State Secondary Roads 2541 and 1007. The Braxton, Clyde, Estate located on State Highway 210, thence northeast along The Everett, Jaspar, farm located on a both sides of State Secondary Road 1802 said highway to its junction with State Sec- farm road and 0.5 mile west of Its junction and 0.9 mile northeast of the Junction of ondary Road 2030, thence southeast along with State Secondary Road 2541, said June-' State Secondary Road 1802 and State High. said road to its junction with State Second- tion being 1.9 miles south of the junction of way 11. ary Road 2031, thence southwest along said State Secondary Roads 2541 and 1007. The Brown, Nannie H., farm located In road to Its intersection with the Harnett- The Hudson, Price, Estate farm located on the southwest Junction of State Secondary Cumberland County line, thence southwest a farm road and 0.4 mile north of its junc- Roads 1152 and 1309. and west along said county line to the point tion with State Secondary Road 1008, said The Carr, Lillian, farm located on the of beginning. junction being 0.8 mile northeast of the in- southwest side of State Secondary Road The Cook, A. L., farm located on the east tersection of State Secondary Road 1008 1524 and 0.1 mile south of Its junction with side of State Secondary Road 1201 and 1.5 with U.S. Highway 701. State Secondary Road 1526. miles southeast of the junction of said road The Johnson, Annie, farm located on the The Carter, Ephrom, farm located on the with State Secondary Road 1203. west side of State Secondary Road 1138 and south side of State Secondary Road 1116 The Gilchrist, Leonard W., farm located 0.5 mile south of Its junction with State Sec- and 1.5 miles east of Its junction with State on the southeast side of State Secondary ondary Road 1144. Highway 11. Road 1111, 0.4 mile north of the junction of The Johnson, Corby, farm located on the The Elmore, Lucy H,, No. 1, farm located said road with State Secondary Road 1110. southwest side of State Highway 50 and 0.4 on the south side of State Secondary Road The Johnson, Sr., Jonah C., farm located mile southeast of the intersection of said 1324 and 0.2 mile west of its Junction with at the junction of State Secondary Roads highway and State Secondary Road 1124. State Secondary Road 1333. 1553 and 1555. The farm lies in the north- The Johnson, Floyd, farm located on the The Foss, Reginal D., farm located on the east portion of this junction. west side of State Secondary Road 1124 and north side of State Secondary Road 1310 The Keath, Vick, farm located on the east 0.2 mile south of the Intersection of said and 0.6 mile northwest of Its junction with side of State Secondary Road 1293 and State Secondary road 1318. 0.7 road and State Secondary Road 1122. The Hamilton, C. W., farm located on the mile southwest of the junction of said road The Johnson, Wade, farm located on both southeast side of State Secondary Road with State Secondary Road 1114. sides of State Secondary Road 1144 and 0.2 The McAden, J. L., farm located 1802 and 1.2 miles northeast of its junction on south- mile west of the junction of said road with with State Highway 11, east side of State Highway 27 and 0.6 mile State Secondary Road 1138. The Herring, Ben D., No. 1, farm located southwest of the Intersection of said high- The Jones, U. E., farm located on the on both sides of State Secondary Road 1330 way with State Highway 87. south side of State Secondary Road 1128 The Pace, W. M., farm located on west and 0.2 mile west of the Junction of State and 0.7 mile east of the junction of said Secondary Roads 1330 and 1331. side of State Secondary Road 1116 and 0.5 road with State Secondary Road 1124. The Herring, Ben D., No. 2, farm located mile southeast of the Junction of said road The Martin, Emitt, farm located on the on the west side of State Secondary Road with State Highway 27. east side of State Secondary Road 2519 and 1310 and 0.3 mile south of Its Junction with The Proctor, T. G., farm located on the 0.3 mile north of the junction of State Sec- State Secondary Road 1311. northeast side of State Highway 27 at that ondary Roads 2519 and 2520. The Herring, Jack A., farm located on the point where said highway forms on overpass The Martin, John L., farm located on the east side of State Secondary Road 1310 and over State Highway 37. west side of State Secondary Road 1201 and 0.4 mile south of its Junction with State Sec- The Thomas, Floyd, E., farm located on 0.3 mile north of the junction of said road ondary Road 1311. the northeast side of State Secondary Road with State Secondary Road 1200. The Herring, Lewis R., No. 1, farm located 1146 and 0.2 mile north of the junction of The McArthur, Margaret, farm located on on the south side of State Secondary Road said road with State Secondary Road 1117. a farm road and 1.4 miles north of its Junc- 1324 and 0.3 mile west of its junction with The Womack, E. H., farm located on east tion with State Secondary Road 1199 and State Secondary Road 1333. side of State Highway 27, and 1.0 mile north 0.9 mile west of the junction of said road The Hill, Narmie T., farm located on the of the Junction of said highway with State with State Secondary Road 1008. southeast side of State Highway 65 at its Highway 24. The Naylor, Mrs. Luby, farm located on junction with State Secondary Road 1161, Hoke County. The entire county excluding the southwest side of State Highway 50 and The Howard, Clarence, farm located on Fort Bragg Military Reservation. 0.3 mile northwest of the intersection of the south side of State Secondary Road Johnston County. The Baker, Mrs. Lula, said highway and State Secondary, Road 1105 and 0.1 mile east of its intersection farm located on the east side of State High- 1124. with State Secondary Road 1118. way 242 and 0.2 mile south of the intersec- The Smith, Clifton, farm located on the The Jarman, F. R., farm located on the tion of said highway and State Secondary east side of State Highway 96 at the June- southeast side of State Secondary Road Road 1116. tion of said highway and State Secondary 1311 and 0.7 mile southwest of its junction The Barefoot, Wade a., farm located on a Road 1120. with State Secondary Road 1318. farm road and 0.4 mile south of its junction The Summerlin, Everett L., farm located The Jones, Edward S., farm located on the with State Secondary Road 1144 and 0.4 on the north side of State Secondary Road west side of U.S. Highway 258 and 0.3 mile mile west of the intersection of said road 1008, and 0.6 mile west of the junction of north of Its Junction with State Secondary with State Secondary Road 1145. said road with State Secondary Road 1199. Road 1116. The Blackman, Dewey, farm located on The Tart, Allen, farm ,located on the The Joyner Farms, Inc., farm located on the south side of State Secondary Road southwest corner of the junction of State both sides of State Secondary Road 1324 1146, and 0.4 mile east of the junction of Highway 96 and State Secondary Road and 0.5 mile east of its junction with State said road with State Secondary Road 1145. 1120. Secondary Road 1335.

FEDERAL REGISTER, VOL 43, NO. 129-W-DNESDAY, JULY 5, 1978 RULES AND REGULATIONS 28983

The Moody, Alton, farm located on the Moore County . The Bryant R. E., farm lo- Intersection with State Secondary Road south side of State Highway 55 and 0.6 mile cated on both sides of State Secondary 1412, thence eaat along said road to its june- northeast of its junction with State Second- Road 1815 and 0.5 mile southwest of the ton with State Secondary Road 1411. ary Road 1161. Junction of said road with U.S. Highway 15- thence southwest along -id road to its in- The Moye, Lenton G., farm located on the 501. tersection with Pie Creek. thence southwest side of State Secondary Road 1335 and The Hardy. N. W., farm located on both east along said creek to its junction with the 0.3 mile north of its junction with State Sec- sides of State Secondary Road 2007 and 0.2 Northeazt Cape Fear River, thence south ondary Road 1324. mile southeast of the junction of said read along said river to its inteetin with The Parrott Farms. Inc., farm located on with State Secondary Road 2005. State Highway 210, thence southwest along the northwest side of State Secondary Road The Laton William A., farm located on said highway to Its junction with State Sec- 1157 and 0.7 mile northwest of Its intersec- the east side of State Secondary Road 1004 endary Road 1518. thence southest along tion with State Highway 55. and 0.3 mile north of the intersection of mid road to its junction with State Second- The Rouse. Forrest, farm located on the said road with State Secondary Road 1113. ary Road 1517. thence westerly alang said northeast side of State Secondary Road The Marks, E. M., farm located on the road to the point of beginning. 1143 and 2.9 miles northwest of its Intersec- south side of State Secondary Road 2019 The Anderson. Julian W. farm Iccated on tion with State Secondary Road 1154. and 2.5 miles east of the Junction of said both rldes of State Secondary Road 1108 The Rouse, Jim W., farm located on the road and State Secondary Road 2018. and 0.9 mile northwest of the Jun-tion of northeast side of State Secondary Road The McLaurin, Hattie J., farm Icated on said road and State Secondary Road 1107. 1143 and 2.8 miles northwest of its intersec- the north side of N.C. Highway 211 and 0.5 The Armstrong. Willie. farm located 0.5 tion with State Secondary Road 1154. mile west of the junction of -aid highway mile west of State Secondary Road 1408 and The Rouse, Leon, farm located on both with State Secondary Road 2075. 0.3 mile south of the junction of --aid road sides of State Secondary Road 1307 and 0.4 The McNeill, Lena Bell. farm lo.ated on with State Highway 210. mile southwest of its junction with State the northwest side of State Secendary Road The Colvin. Alex, farm located on the Secondary Road 1324. 2077 and 0.5 mile southwest of the Junction northwest sde of State Secondary Road The Singleton, Ruby S., farm located on of said road with State Highway 211. 1120 and L4 mles southwest of the intersec- east side of State Secondary Road 1802 and The Thomas, Claude and Ted. farm loc.t- tisn of said road and US. Highway 421. 0.6 mile south of its junction with State Sec- ed on the west side of State Secondary Road The Eca, Leo. farm located 0.5 mile east ondary Road 1801. 1128 and 0.5 mile northwest of the Junction of State Secondary Road 1105 and 1 mile The Sutton, C. R., farm located on the of said road with State Secondary Road southwest of the Junction of said road and east side of State Secondary Road 1152 and 1122. Stnte Secondary Road 1104. 0.2 mile north of its junction with State Sec- Onslow County. The Bryant, Ir, farm lo- The FHea. Nora, farm lomted 0.1 mile we:-t ondary Road 1308. cated on the north side of State Secondary of the end of State Seconda.y Road 1103. The Sutton, George Hodge, No. 1, farm Road 1425, 0.8 mile west of Its junction with The Mar--hill, Milin. farm Ica_-t ed on the located in the southwest junction of State State Secondary Road 1434. north side of State Secondary Rad 11o3 Secondary Roads 1324 and 1307. The Henderson, Bill, farm loated on the and 0.0 mile east of the southern juncton of The Sutton, Iris, farm located on the east east side of State Secondary Road 1528 and said road and tae S ncom-udaryRoad 1104 side of State Secondary Road 1152 and 0.6 on the north side of State Secondary Road The McCa L-tcr IMary . farm I_4cat&: mile south of its junction with State Sec- 1518 at the junction of said road:. 0.2 mile Eas+ of State Secondary road 1105 ondary Road 1324. The McAllister, Henry, farm lorcatcd on and 1 mile szuthvwzt of the janttion of sad The Sutton, John W., farm located in the both sides of State Secondary Road 1310 road and State Secondary Road 114. southeast junction of State Secondary and I mile southwest of said road and its The Stringfield Mstate, John, loc.tad on Roads 1330 and 1333. junction with State Secondary Road 1303. the southwezst s!de of State Secandary Rcad The Sutton, M. T., farm located on the Pander County. That area bounded by a 1517 and 1.4 miles cast of the juncti n of southeast side of State Secondary Road line beginning at a point where State cc- ld road and U-. Highway 117. 1311 and 0.8 mile southwest of its junction ondary Road 110-4 Intersects the Pender- The lliv ,Jobn H., and He~r, farm Ia- with State Secondary Road 1318. Bladen County line, and extcnding north- =catd on the east ide of State Seconda'y The Sutton, Nathan. farm located on the east along raid county line to its junction Road 1520 and 2.7 miles nrth of the junc- southeast side of State Secondary Road with Black River, thence cast along Enid tion of sad road and Stnte Highway 210. 1311 and 0.6 mile southwest of its junction river to Its Junction with Colvines Creek. Pitt Courty. That area bounded by a line with State Secondary Road 1318 thence north and northwest along said beginning at a point where State Secondary The Sutton. Norman, farm located on the creek to Its inte ection with State Second- road 1919 intezects the Pitt-Craven northwest side of State Secondary Road ary Road 1201, thence east along s-d road County line, thsce southwest along sa: 1308 at the end of farm road located 0.3 to Its inter-ection with the At!antic Coxst county line to its Interzectlan ith State mile southwest of junction of State Second- Line Railroad, thence southeast along sai1d Highway 118, thenze westward alonz said ary Roads 1308 and 1324. railroad to Its nter-ection with State Se- h-fghway to its Interzsction with State Sz- The Sutton, Prentice, farm located on the ondary Road 1125, thence northeast along ondary Road 1753, thance northward along south side of State Secondary Road 1503 said road to Its Interzection with Mores said road to Its Junction with State Second- and 0.3 mile southeast of its intersection Creek, thence northeast and northw.cst ary Road 1019, thence eastward to the point with State Secondary Road 1327. along said creek to Its Intc-cction with of begInning, The Sutton, Robert H., farm located on State Secondary Road 1123, thence north- The Hodges, . B, farm Iccated on the the south side of State Secondary Road east along said road to Its junction with e--t side of State Secondary Road 107 and 1324 and 0.2 mile east of its junction with State Secondary Road 1216, thence east 1.1 miles north of State Highway 118. State Secondary Road 1327. along said road to Its intersection with U S. ticmord Court,. The Autry, J.EL, farm The Sutton, Woodrow W., farm located on Highway 421, thence southeazt along said lrcated on the north side of State Second- the north side of State Secondary Road highway to its Junction with State Second- ary Road 103 and 0.7 l1e east of Ozbornae 1331 and 0.5 mile west of its junction with ary Road 1121. thence couth along cld road The Beck. Lacy A- farm located on both State Secondary Road 1333. to its intersection with State Secondary rides of State Sccondary R ad 1607 and 0.4 The Taylor, Heber, farm located on the Road 1125, thence east and south along said mile couthea. of the intersection of said north side of State Secondary Road 1161 road to its junction with State Secondary road and State Secondary Road 1603. and 0.3 mile east of its junction with State Road 1121, thence southeast along said road The Bethea, Queen. farm located on the Highway 55. to Its ntersection with State Secondary northe-t side of' State Secondary Road The Walters, H. F farm located on both Road 1120, thence southwest along said 103 and OA mile southeast of the Intersec- sides of State Secondary Road 1335 and 0.4 road to Its Intersection with State Hlghwray tion of sald road and State Secondary Road mile north of its junction with State Sec- 210, thence southwest along -Ad high=y to 1323. ondary Road 1324. its junction with State Secondary Road The Chap~ell. Fred. Jr., located on the The Waters, Thomas, Estate located on 1103, thence southeast along raid road to It- northwest side of N.C. Highway 177 and 0.5 both sides of State Secondary Road 1318 junction with Stat9 Sen-ndary Road 1104. -mile northeast of the Junction of said road and 0.3 mile north of its junction with State thence southwest and northwcst along sald and State Secondary Road 1697. Secondary road 1317. road to the point of beginning. The Clinton, Bernice. farm located on the 'The Wood. C. W. farm located on the That area bounded by a line beginning- at south sde of State Secondary Road 183 northwest side of State Secondary Road a point where State Secondary Road 1517, and 0.8 mile east of Osborne. 1311 and 0.7 mile southwest of its junction Junctions with US. Highway 117, and ex- The David. Ethel, farm located on both with State Secondary Road 1318. - tending northwest along said highway to its sides of State Secondary Road 1803, on the

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 28984 RULES'AND REGULATIONS west side of the intersection of said road mile northeast of its junction with State The Calhoun, L, E., farm located on the with State Secondary Road 1825. Secondary Road 1433. south side of State Highway 79 and 0.3 mile The Davis, Climon, farm located on the The Steen, Willard, farm located on the west of Its junction with State Secondary northwest side of N.C. Highway 38 and 0.5 southwest side of State Secondary Road Road 1118. mile northeast of the intersection of said 1803 and 0.2 mile southeast of the intersec- The Gibson, H. P., Estate farm located on road and State Secondary Road 1803. tion of said road and State Secondary Road the north side of State Highway 79 and 0.4 The Davis, Katherine, farm located on the 1825. mile west of its junction with State Second. northeast side of State Secondary Road The Terry, Ruth, farm located on both ary Road 1118. 1803 and 0.4 mile northwest of the intersec- sides of State Secondary Road 1442 and 0.2 The Morgan. J. D., farm located on the tion of said road and N.C. Highway 88. mile northeast of its junction with State east side of State Secondary Road 1346 and The Dial, Dormic, farm located on the Secondary Road 1477. 0.5 mile north of the Junction of said road north side of State Secondary Road 1607 The Terry, Tom, farm located on both with State Secondary Road 1343. and 0.8 mile west of the intersection of said sides of State Secondary Road 1442 and 0.3 The Morgan, J. D., farm located on both road and State Secondary Road 1608. mile northeast of Its junction with State sides of State Secondary Road 1346 and 0.1 The Dumas, Elnora, farm located on the Secondary Road 1477. mile northwest of Its junction with State northeast side of State Secondary Road The Terry, W. C., farm located on the Secondary Road 1342. 1803 and 0.3 mile southeast of theintersec- west side of State Secondary Road 1424 at The Newton, Peter F.0 farm located at the tion of said road and State Secondary Road its junction with State Secondary Road 1507 intersection of State Secondary Roads 1334, 1825. at-Roberdel, N.C. 1336, and 1345, The Dumas, Reba, farm located on the The Thomas, Walter, farm located on The Sharpe, Preston, farm located on the northeast side of State Secondary Road both sides of U.S. Highway 220 and 0.4 mile south side of U.S. Highway 74 and 0.2 mile 1803 and 0.3 mile northwest of said intersec- northeast of its junction with State Second- west of the Junction of said highway with tion of N.C. Highway 38. ary Road 1433. State Secondary Road 1153. The Eizhbugar, Charity, farm located on The Waters, Wil, farm located on both The Steele, J. D., farm located on both the northeast side of State Secondary Road sides of State Secondary Road 1623 and 0.4 aides of State Secondary Road 1351 and (Y.9 1003 and 2 miles northwest of its junction mile southwest of its junction with State mile northwest of the Junction of said road with State Secondary Road 1475. Secondary Road 1607. with State Secondary Road 1346. The Hailey, Annie, farm located on the The Watkins, John Q., farm located on north side of State Secondary Road 1475 the southeast side of State Secondary Road Wayne County. That area bounded by a and 1.7 miles west of its junction with U.S. 1476 and 0.3 mile northeast of its Junction line beginning at a point where the Neuse Highway 1. with State Secondary Road 1442. River joins the northwestern corner of the The-Hailey, Maria, farm located on the The Watkins, Mosby, farm located on city limits of Seven Springs, thence south southwest side of State Secondary Road both sides of State Secondary Road 1476 along said city limits to its Junction with 1440 and 0.3 mile southeast of Its junction and 0.2 mile northeast of its junction with State Highway 55, thence southwest and with State Secondary Road 1433. State Secondary Road 1442. west along said highway to its intersection The Hamlet Gin & Supply Co., farm lo- The York, Will, farm located on the with State Secondary Road 1937, thence cated on both sides of State Secondary northeast side of State Secondary Road northerly on said road to its junction with Road 1803 and on the east side of the inter- 1803 and 0.4 mile northwest of the intersec- State Secondary Road 1932, thence north section of said road and State Secondary tion of said road and N.C. Highway 38. on said road to its intersection with State Road 1825. Sampson county. The entire county. Scotland County. That area bounded by a Secondary Road 1120, thence easterly along The Ingram, Rome, farm located on the said road to Its Junction with State Second. southwest side of State Secondary Road line beginning at a point where U.S. High- way 15-401 intersects the North Carolina- ary Road 1915, thence east along a line pro- 1003 and 1.8 miles northwest of Its junction jected from a point at the junction of State with State Secondary Road 1475. South Carolina State line and extending northeast along said highway to its junction Secondary Roads 1120 and 1915 to the Junc- The Jenkins, Dewey, farm located on a tion of said line with a point located at the dirt road 0.2 mile southwest of its junction with U.S. Highways 15A-401A, thence north along said highway to its junction with U.S. junction of Sleepy Creek and Neuse River with State Secondary Road 1803, said junc- thence east, north, and southeasterly along tion being 0.8 mile east of Oiborne. Highway 501, thence north along said highway to its Intersection with U.S. Highway the Neuse River to the point of beginning. The Little, John, farm located on the The Barwick, George, farm located on the southeast 15-401, thence southwest along said high- side of State Secondary Road way to its intersection with State Secondary east side of State Secondary Road 1931 and 1442 and at the junction of said road with Road 1300, thence northwest along said 0.1 mile south of its junction with State Sec- State Secondary Road 1476. road to its junction with State Secondary ondary Road 1930. The McLaurin, Meta, farm located on the Road 1116, thence northwest along said The Baucom, Howard, farm located on the southwest side of State Secondary Road road to Its junction with State Secondary east side of State Secondary Road 1932 and 1803 and 0.3 mile southeast of the intersec- Road 1324, thence, north along said road to 0.2 mile north of Its junction with State Sec- tion of said road and State Secondary Road its junction with State Secondary Road ondary Road 1927. 1825. 1345, thence northwest along said road to The Benton, Bernice L, farm located on The McNeWilDalton, farm located on the its intersection with State Secondary Road the south side of State Secondary Road southwest side of State Secondary Road 1341, thence northeast along said road to its 1730 and 0.3 mile east of Its Junction with 1003 and 1.9 miles northwest of its junction junction with State Secondary Road 1328, State Highway 111. with State Secondary Road 1475. thence north along said road to its intersec- The Benton, Betty, farm located on the The Quick, Julius, farm located on the tion with the southern boundary of the south side of State Secondary Road 1730 northeast side of State Secondary Road Sandhills Game Management Area, thence and 0.9 mile east of Its junction with State 1992 and 0.6 mile northeast of its junction east along said boundary to its intersection Highway 111. with State Secondary Road 1994. with U.S. Highway 15-501, thence north The Brock, Odell, farm located on the The Rush. Eli, farm located on the north- along said highway to its intersection with north side of State Secondary Road 1210 west side of State Secondary Road 1442 and the Scotland-Hoke County line, thence and 0.3 mile east of Its Junction with State 0.7 mile northeast of its junction with State southeast along said county line to the Scot- Secondary Road 1209. Secondary Road 1489. land-Robeson County line, thence south and The Carraway, Ethel, farm located on the The Rush, James, farm located on the southwest along said county line to the east side of State Secondary Road 1915 and southeast side of State Secondary Road North Carolina-South Carolina State line, 0.1 mile north of the Junction of said road 1442 and 0.7 mile northeast of Its junction thence northwest along said State line to, and State Secondary Road 1120. with State Secondary Road 1489. the point of beginning, excluding the area The Casey, Emma E., farm located 7 liles The Scholl, H. H., farm located on the within the corporate limits of the city of east of Goldsboro on the north side of U.S. southwest side of State Secondary Road Laurinburg and the town of East Laurin- Highway 70 and 0.4 mile east of the Junc- 1805 and 0.3 mile southeast of Its junction burg. tion of State Secondary Road 1721 and said with State Secondary Road 1804. The Bunch, Archie W., farm located at highway. The Sorenzen, Gladys, farm located on the intersection of State Secondary Roads The Coor, 0. S., farm located on both the southwest side of State Secondary Road 1323 and 1001. sides of State Secondary Road 1730 and 0.6 1803 and 0.4 mile northwest of the intersec- The Butler, Luther, farm located on the mile east of its Junction with State Highway tion of said road and N.C. Highway 38. south side of State Secondary Road 1154 111. The Standback, Tommy, farm located on and 0.2 mile east of the junction of said The Crawford. William P., farm located the east side of U.S. Highway 220 and 0.6 road with State Secondary Road 1155. on the south side of State Secondary Road

FEDERAL REGISTER, VOL. 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 28935

1330 and 0.9 mile west of State Highway and 0.2 mile north of its Interection with 11 and both sides of State Secondary 581. State Secondary Road 1120. Road 1124. The Daly. N. B., farm located on the The Ivey, W. H.. farm located on the The Sutton, D. 7.1, farm loc-ated on the north side of State Secondary Road 1730 south side of State Secondary Road 1734 east -idM of State S-condary Road 1731 and and 0.8 mile east of the junction of said and 0.3 mile east of Its Junction with State 0.9 mile north of the Neuse River. road with State Highway 111. Secondary Road 1731. The Sutton, Gordon. farm located on the The Dawson, L. A., farm located on the The Johnson. J. R., farm located on the couth side of State Secondary Road 1739 west side of State Highway 111 and 0.5 mile south side of State Secondary Road 1330 and 1.6 milez east of Its Junction with State south of the junction of said highway and and 0.1 mile west of the Junction of said Highway 111. State Secondary Road 1730. road and State Secondary Road 1332. The Talton. Tin D. farm locted on The Flowers, Willie, farm located on the The Jones, Mary, farm located on both the south aide of State Secondary Road north side of U.S. Highway 13 and 0.4 mile sides of State Secondary Road 1730 and its 1730 and 0.6 mile ea-t of its junction with east of its junction with State Secondary Junction with State Secondary Road 1731. State Highway ill Road 1207.. The Lane, Alfred, farm located on the The Tart, John, No. 1, farm located on the The Grady, Mrs. Sim, farm located in the south side of State Secondary Road 1730 south dide of US. Highvay 13 and 0.7 mile north junction of State Highway 111 and and 0.4 mile east of its junction with State east of Its ntersection with State Secondary State Secondary Road 1730. Highway 111. Road 1105. The Grady, Vernie C., farm located on the The Lofton, Burt & Davis King, farm lo- The Thornton. S. E., farm located on the west side of State Secondary Road 1931 and cated on the east side of State Secondary southeast Junction of State Secondary 0.2 mile north of its intersection with State Road 1739 and 0.3 mile south of Its junction Road 1210 and 1203. Secondary Road 1120. with State Highway 55. The Turnage. W. H. farm Io ted on the The Grant, Maggie, Estate located on the The McClenny, G. A., farm located on the northwEst side of State Secondary Road west side of N.C. Highway 111 and 1.9 miles south side of State Secondary Road 1007 1932 and 0.3 mile northeat. of its junc-ton south of the junction of State Secondary and 0.1 mile west of the Junction of said with State Secondary Road 1927. Road 1730 with said highway. road with State Highway 58L The Weaver, Luby W. farm located on The Grantham, Barfield, farm located on The McClenny, G. A.. No. 2, farm loated both ddide of State Secondary Road 1106 the west side of State Secondary Road 1931 on both sides of State Secondary Road 1332 and 0.2 mile east of Its junton with State and 0.4 mile north of its intersection with and 0.1 mile north of Junction of aid road Secondary Road 110L State Secondary Road 1120. and State Secondary Road 1330. The Whitfield. Herman, farm located at - The Gray. Albert, farm located on the The Newsome, Paul, farm located on the the end of State Secondary Road 1729. east side of State Secondary road 1719 and eazt side of State Secondary Road 1719 and The Williams Eddie, farm located on the 0.9 mile south of its intersection with U.S. 1 mile south of It- Intersection with U.S. north side of State Highway 531 and the Highway 70. Highway 70. east side of State Secondary Road 1236 at The Griffin. McKinley, farm located on The Oliver. Estella J, farm located on the the junction of said road-. the north side of State Secondary Road west side of U.S. Highway 117 and 0.8 mile The Wise, Ella. farm located on the south 1737 and 0.2 mile east of its junction with north of Brogden School aide of State Secondary Road 1203 and 1 State Secondary Road 1731. The Oliver, H. H., farm located on the mile west of its junction with State Second- The Griffin, Oliver H., farm located 0.6 south side of State Secondary Road 1219 ary Road 1209. mile north of Dudley and 0.2 mile west of and 0.4 mile east of Its junction with State Wilso CountS,.The Eatmon. Ralph. farm U.S. Highway 117. Secondary Road 1218. located on both sfdes of State Secondary The Griffin, W. A-, farm located on the The Parks, Robert, farm located on the Road 1302 and 0.5 mile ea.t of its intersec- northeast side of State Secondary Road southeast side of State Secondary Road tion with State Secondary Road 1301. 1731 and 0.6 mile north of its junction with 1932 and 0.5 mile northeast of Its intersec- 2. That part of § 301.80-2a, descnb- State Secondary Road 1737. tion with State Secondary Road 1120. Ing The Griswold, John M., farm located on the existing supprezsive areas in The Perkins, Joe D.. farm located on the Darllngton County, S.C., is amended the south side of State Secondary Road northwest side of State Secondary Road by deleting the following 1730 and 0.3 mile west of its junction with 1711 and 0.2 mile southwest of the Intcrsec. property:. State Secondary Road 1727. ion of said road with U.S. Highway 70 The Carrigan, L. P. estate farm located The- Gurley, Clara Lee, farm located on Bypasm on the east side of U.S. Highway 52 and 0.2 the south side of State Secondary Road The Ray. Cora Pate, farm located on both mile southwest of Its Junction with State 1330 and 0.1 mile west of the junction of sides of State Secondary Road 1730 and 0.8 Secondary Highway 133. said road and State Secondary Road 1332. mile west of its junction of State Secondary The Haggin, Joe, No. 1, farm located on Road 1731. 3. That part of § 301.80-2a, describ- the east side of State Secondary road 1931 The Raynor, A. B., farm located on the Ing the existing suppressive areas in and 0.7 mile north of its intersection with south side of U.S. Highway 13 and 0.1 mile Horry County, S.C. is amended by State Secondary Road 1120. east of Its junction with State Secondary adding the following property in the The Haggin, Joe, No. 2, farm located on Road 1207. appropriate alphabetical order of the the east side of State Secondary Road 1931 The Raynor. Early. No. 1. farm locat d on owner's last name. and 1.1 miles northeast of its intersection the south side of U.S. Highway 13 and 0.3 with State Secondary Road 1120. mile east of its Junction with State Second- The Hucks, Edd farm located on the The Ham, George E., farm located south- ary Road 1207. north side of a dirt road and I mile west of east of Seymour Johnson Air Base on the The Raynor, Early. No. 2, farm located on it- Junction with State Secondary Highway south side of State Secondary Road 1909 the north side of State Secondary Road 169. said junction being 1.5 miles northeazt and 0.7 mile west of the junction of said 1101 and 0.7 mile east of Its intercecton of the junction of said highway and State road with State Secondary Road 1910. with State Secondary Road 1105. Sccondary Hizhway 79. The Herring, Harmon, farm located on The Raynor, Elester, farm located on the 4. That part of § 301.80-2a, describ- the south side of State Secondary Road east side of State Secondary Road 1105 and Ing the existing suppressive areas in 1734 and 0.4 mile east of its junction with 0.8 mile south of Its intersection with U.S. Marlboro County, S.C., is amended State Secondary to Road 1731. Highway 13. read as follows:. The Herring, Thel, farm located on the The Sa.ser, Rosa, farm located on both west side of State Secondary Road 1711 and sides of State Highway 111 and 0.1 mile Soum CaRorrMA 0.4 mile north of its junction with U.S. high- south of its junction with State Secondary way 70A. Road 1912. The Hines, J. D., farm located on both The Smith, Alfred, farm located on the sides of State Secondary Road 1236 and 0.8 north side of State Secondary Road 1330 (2) Suppressire area. mile east of the intersection of said road and 0.9 mile west of the Junction of said with State Highway 581. road and North Carolina Highway 581. The Holaman, R. J., farm located on the The Smith. Arnold, farm located on the northwest corner of State Secondary Road southeast side of State Secondary Road Mafibcro Courty. That portion of the 1125 and 0.7 mile north of the junction of 1932 and 0.5 mile northeast of Its Intersec- county lying south and east of U.S. High- said road and State Secondary Road 1122. ion with State Secondary Road 1120. way 15, excluding the area within the corpo- The Humphrey, Josephine. farm located The Smith. Olivia. farm located on the rate limits of the towns of Bennettsvlle, on east side of State Secondary Road 1932 southeast side of State Secondary Road McCol, and Tatum.

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 28986 RULES AND REGULATIONS

The Chavis, Homer, estate farm located in The Deputy Administrator has also [3410-05] the north comer of the intersection of State Secondary Highway 209 with State Primary determined that each of the quaran- Highway 9. tined States, wherein only portions of CHAPTER VII-AGRICULTURAL STA- The Holmes, T. H., farm located on the the State have been designated as reg- BILIZATION AND CONSERVATION south side of the South Carolina-North Carolina State line and 0.5 mile east of its ulated areas, has adopted and is en- SERVICE (AGRICULTURAL ADJUST- intersection with State Primary Highway forcing a quarantine or regulation MIENT), DEPARTMENT OF AGRICUL- 177. which imposes restrictions on intra- TURE The McCall, Gradle, farm located on the state movement of the regulated arti- east side of State Secondary Highway 257 SUBCHAPTER B--FARM MARKETING QUOTAS cles which are substantially the same and 0.5 mile northeast of Its intersection AND ACREAGE ALLOTMENT with State Secondary Highway 165. as the restrictions on interstate move- The McCall, Jim, estate farm located on PART 729-PEANUTS the south side of a dirt road and 0.4 mile ment of such articles imposed by the west of its junction with State Secondary quarantine and regulations in this sub- Highway 257, said junction being 0.4 mile part, and that designation of less than Subpart-Acreage Allotments, Mar- northeast of the intersection of said high- keting Quotas, and Poundage way and State Secondary Highway 165. the entire State as a regulated area The McKay, Cleveland, farm located on will otherwise be adequate to prevent Quotas for 1978 and Subsequent the north side of State Secondary Highway the interstate spread of witchweed. Crops of Peanuts 54 and the west side of the State Secondary Highway 30 at the intersection of said high- Therefore, such civil divisions and AGENCY: Agricultural Stabilization ways. parts of civil divisions listed above are and Conservation Service, Department The McKay, Cleveland, farm located on designated as witchweed regulated of Agriculture. the elist side of a dirt road and 0.6 mile northeast of the junction of said dirt road areas. ACTION: Final rule. and State Secondary Highway 30, said junc- The amendments should be made ef- SUMMARY: This amendment sets tion being 0.3 mile north of the junctio" of said highway and State Secondary Highway fective promptly in order to relieve forth the rules for establishing farm 54. persons in suppressive areas, where peanut acreage allotments, farm The McQueen, Mable N., farm located on witchweed has been eradicated, from yields, and farm poundage quotas to the northwest side of StateSecondary High- implement the Food and Agriculture way 17 and 0.6 mile northeast of its junction further unnecessary restrictions. Act of 1977. The rules for identifica- with State Secondary Highway 22. Prompt implementation of the amend- tion of marketings, assessment of mar- The Pearson, Queen, farm located on the ments is necessary to prevent the keting quota penalties, and processing east side of a dirt road and 0.7 mile south- of violations will be Issued in a later w~st of Its junction with State Primary spread of witchweed and to facilitate Highway 79, said junction being 0.3 mile its eradication in counties where sup- amendment. The most significant provisions of this amendment south of the intersection of said highway pressive-areas are being established or are the de- and State Secondary Highway 71. termination of farm yields and potmd- The Powell, Ezra, farm located on the expanded. Further, it does not appear age quotas and transfers on a pound- south side of the South Carolina-North that public participation in this rule- age basis. Carolina State line and 0.4 mile east of Its making proceeding would make addi- intersection with State Primary Highway EFFECTIVE DATE: July 5, 1978. tional relevant information available 177. FOR FURTHER I[NFORMATION The Rogers, John B., farm located on to the Department, which would alter CONTACT: both sides of State Secondary Highway 48 the decision in this matter. and 1.4 miles northeast of its intersection Jack S. Forlines, Production Adjust- with State Secondary Highway 47. Accordingly, it is found upon good ment Division, Agricultural 0Stablll- The Quick, Hannah, farm located on the cause under the administrative proce- zation and Conservation Service, southeast side of State Secondary Highway USDA, P.O. Box 2415, Washington, 165 and 1.2 miles southwest of its intersec- dure provisions of 5 U.S.C. 553, that tion with State Secondary Highway 257. notice and other public procedure with D.C. 20013, 202-447-4695. The Strong, Marvin, farm located on the respect to the amendments are unnec- SUPPLEMENTARY INFORMATION: south side of the South Carolina-North essary and contrary to the public in- A notice of proposed rulemaking was Carolina State line and 1.3 miles east of its published in the FEDERAL REoISTER on intersection with State Primary Highway terest; and good cause is found for April 4, 1978 (43 FR 14025). A total of 177. making them effective less than 30 47 comments were received in response (Sec. 8, 9, 37 Stat. 318, as amended, sec. 106, days after publication in the FEDERAL to the notice. 71 Stat. 33: (7 U.S.C. 161, 162, 150ee); 37 FR REGISTER. 28464, 28477; 38 FR 19141; 7 CFR 301.80-2.) RESPONSE TO C01r1,IENTS The Deputy Administrator of the NoTa-The Animal and Plant Health In- 1. Restriction on undermarketings. Plant Protection and Quarantine Pro- spection Service, Plant Protection and There were 44 comments which recom- grams has determined that the witch- Quarantine Programs, has determined that mended that undermarketings not weed has been found or there is reason this document does npt contain a major pro- apply if the undermarketing was a to believe it is present in the civil divi- posal requiring the preparation of an Infla- result of a producer contracting to sions and parts of civil divisions listed torA Impact Statement under Executive market peanuts fori export or crush- above as regulated areas or that it is Order 11821 and OMB Circular A-107. necessary to regulate such areas being. Peanuts markdted through contracting for export or crushing are cause of their proximity to witchweed Done at Washington, D.C., this 28th infested localities. Further, the classified as additional peanuts and Deputy Administrator has found that day of June 1978. are therefore not marketings of quota facts exist as to the pest risk involved peanuts. The law provides that under- in the areas removed from the list of JAlMs 0. LnE, Jr., marketing credit be made on the basis regulated areas which make it safe to Deputy Administrator, Plant of the amount by which the market- relieve the requirements of the quar- Protection and Quarantine ings of quota peanits is less than the antine as provided herein. He has also Programs, Animal and Plant farm poundage quqta. Accordingly, no determined that the areas are eligible Health Inspection Service. change was made in this provision, for such designation under § 301.80-1, 2. Determination of farm yVields, as amended. [PR Doe. 78-18466 Filed 7-3-78; 8:45 am] There were two comments received on

FEDERAL REGISTER, VOL. 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 28987

the restriction placed on determining Se. (d) Penalty or damages in dollars farm yields. They recommended that 729.13 Increase in farm poundage quota and cents. provision be made for adjustment in for undermarketings. (e) The quantity of peanuts market- the farm yield if a natural disaster 729.14 Determination of farm yields. ed, a farm marketing quota, a farm during the base period caused the 729.15 Determination of farm yield on a farm reconstituted after farm yields poundage quota, a farm yield and an farm yield to be below normal. The have been established. actual yield per acre In whole pounds. law limits appraisal of a farm yield to 729.16 Determination of prelinam7 farm (f) All factors as a four place decimal those cases in which there was a sub- poundage quota and farm poundage fraction. stantial change in the operation of the quota. farm during the period 1973-77. A low 729.17 New farm allotment. §729.3 Definitions. yield caused by a natural disaster is 729.23 Approval of allotment and farm The definitions in and provisions of not considered a substantial change in poundage quota and notice to farm oper- of this chapter the operation of the farm; therefore, ator. parts 718, 719, and 720 no provision will be made for adjust- 729.24 Erroneous notice of allotment and are hereby incorporated in these regu- ment of a farm yield due to natural poundage quota. lations unless the context or subject disaster during the period 1973-77. 729.25 Application for review. matter or the provisions of these regulations requires otherwise. References 3. Filing amended ASCS-375 for mul- Transfers and Release and Reapportionment tiple-year transfer agreement. There to other parts of this chapter or title was one comment received recom- 729.30 Terms and conditions applicable to include any amendments to the refer- mending that an amended ASCS-375 transfers under section 358a of the act. enced parts. Unless the context or sub- not be required for multiple-year 729.31 Transfer of peanut farm acreage al- Ject matter requires otherwise, the fol- transfer agreements approved before lotment for farms affected by a natural lowing words and phrases, as used in disaster. this subpart and in all related Instruc- 1978. Since the means of effecting 729.32 Release and reapportionment. peanut transfers under the Food and tions and forms shall mean: Agriculture Act of 1977 is on a pound- Marketing Cards and Producer Identificatiar (a) Act. The Agricultural Adjust- age basis, and since multiple-year Cards ment Act of 1938, as amended. transfer agreements approved before (b) Additional peanut&Any peanuts 1978 were based on acreage and not on 729.42 Issuance of cards. which are marketed from a farm other 729.43 Claim stamping marketing card. than peanuts marketed or considered poundage, there is not sufficient infor- 729.44 Invalid cards. mation on the existing ASCS-375 on 729.45 Misuse of marketing card. marketed as quota peanuts. which to effect the transfer. There- Cc) Areas. (1) The southeastern area fore, an amended ASCS-375 is neces- Aur-onrr, Secs. 301, 358, 3583, 359. 351- consisting -of the States of Alabama, sary before a transfer may be ap- 368, 372, 373. 375, 377. 52 Stat. 38, as amend- Georgia, Mississippi, Florida, and that ed, 55 Stat. 88, as amended. 81 Stat. 658. 55 and west proved. Stat. 90, as amended. 52 Stat 62, as amend- part of South Carolina south 4. Other changes. The provision in 7 ed. 63. as amended. 64, 65, as amended. 60. of the Santee-Congaree-Broad Rivers. CFR 729.30 which would have restrict- as amended. 70 Stat. 206, as amended: 7 (2) The southwestern area consisting ed the transfer of allotment to a farm U.S.C. 1301, 1358, 1358a, 1359, 1361-1368, of the States of Arizona, Arkansas, on which the basic allotment is re- 1372. 1373, 1375. 1377; and secs. 801. 802, California, Lousliana, New Mexico, duced to zero due to a violation has 803, 804. 805, 806, 91 Stat. 944 (7 U.S.C. Oklahoma, and Texas. been removed. This provision is be- 1358). (3) The Virginla-Carolina area con- lieved to be unduly restrictive and un- § 729.1 Basis and purpose. sisting of the States of Missouri, necessary to the effective administra- North Carolina, Tennessee, Virginia, tion of the peanut program. Minor The regulations contained in this and that part of South Carolina north changes were also made in the pro- subpart are issued in accordance with and east of the Santee-Congaree- posed regulations for clarification. the Agricultural Adjustment Act of Broad Rivers. 1938, as amended (7 U.S.C. 1281 et (d) Base period. The 3 calendar FINAL RuI.E seq.), and are applicable to peanuts for years Immediately preceding the year the 1978 and subsequent crops. They 7 CFR 729.1-729.45 and the title of for which farm allotments are being govern the establishment of farm acre- established. -the subpart are revised to read as fol- age allotments and marketing quotas, lows: (e) Buyer. A person who: farm poundage quotas, the Issuance of (1) Buys or otherwise acquires pea- Subpart-Acreage Allotments, Marketing marketing cards, the Identification of nuts in any form; Quotas, and Poundage Quotas for 1978 and marketings of peanuts, the collection (2) Markets, as a commission mer- Subsequent Crops of Peanuts and refund of penalties, and the keeping of records, and making reports in- chant, broker, or cooperative, any pea- Sea cident thereto. nuts for the account of a producer and 729.1 Basis'and purpose: The allotment and marketing quota is responsible to the producer for the 729.2 Extent of calculations and rule of regulations for peanuts of the 1972 amount received for the peanuts, or fraction. and subsequent crops (37 FR 2645 and (3) Receives peanuts as collateral for 729.3 Definitions. or In settlement of a price support 729.4 Types of peanuts. 37 FR 3629, as amended) are superseded but remain effective with respect to loan. 729.5 Supervisory authority of State com- (f) Considered planted acreages. mittee. the 1972 through the 1977 crops of 729.6 Instructions and forms. peanuts. Acreages determined for the current 729.7 Determination of farm peanut histo- year for use in computing a future ry acreage. § 729.2 Extent of calculations and rule of peanut allotment. Considered planted 729.8 Determination of preliminary farm fractions. acreage for a farm will be the sum of acreage allotment. Round computations according to the acreage (limited to the farm acre- 729.9 Reserves for corrections, missed provisions of part 793 of this chapter. age allotment less the planted acre- farms, inequities, and for new farms. Express: age): 729.10 Computation of farm acreage allot- (1) Not planted because of natural ment for old farms. (a) Acreage and allotment in acres 729.11 Additional acreage allotments for and tenths of acres. disaster, farms producing types of peanuts in (b) The percentage of excess peanuts (2) Computed for pounds of quota short supply. for a farm in percent and tenths of a transferred from the farm, 729.12 Determination of effective farm percent. (3) In eminent domain pool, acreage allotment and effective farm (c) A converted penalty rate in cents (4) Preserved under provisions of poundage quota. and hundredths of a cent per pound. part 719 of this chapter, and,

FEDERAl REGISTER, VOL 43, 140. 129-WEDNESDAY, JULY 5, 1978 28988 RULES AND REGULATIONS

(5) Determined by subtracting the -United States which have not been nounced by the Secretary for the mar- planted credit from the farm acreage shelled, crushed, cleaned, or otherwise keting year as the quantity needed to allotment provided that the quantity changed (except for removal of for- meet total estimated requirements for of peanuts produced and marketed eign material, loose shelled kernels, domestic edible use and a reasonable from the farm In the current market- and excess moisture) from the State ifi carryover and which shall not be less ing year was equal to or greater than which picked or threshed peanuts are than the following amounts: 1078, 75 percent of the farm poundage customarily marketed by producers. 1,680,000 tons; 1979, 1,596,000 tons; quota. (s) False identification. False Identi- 1980, 1,516,000 tons; and 1981, (g) Director.The Director, or Acting fication is: 1,440,000 tons. Director, Production Adjustment Divi-. (1) Identifying or permitting the (aa) National quota factor. The sion, Agricultural Stabilization and identifying of peanuts at time of mar- factor determined by dividing the na- Conservation Service, U.S. Depart- keting as having been produced on a tional poundage quota for the market- ment of Agriculture. farm other than: the farm of actual ing year by the total of (1) the prelimi- (h) Effective farm acreage allotment- production; or nary poundage quotas for all farms The allotment determined under (2) Marketing or permitting the mar. having a peanut allotment and (2) the § 729.12. keting of peanuts from a farm without product of the total unused reserve (i) Effective farm poundage quota. identifying the peanuts with a peanut acreage in all States times the nation. The quota determined under § 729.12 marketing card issued for the farm; or al average farm yield. of this chapter. (3) Permitting the use of the peanut (bb) New farm. A farm for which a j) Excess acreage. IThe amount by marketing card for the farm to record peanut allotment and farm poundage which the final acreage of peanuts ex- a marketing of peanuts when, in fact, quota is established in the current ceeds the effective farm acreage allot- no peanuts were marketed from the year and for which there is no peanut ment after approval of any transfer farm. history acreage in the base period. agreement (ASCS-375) filed on or t) Final acreage. The acreage on (cc) Old farm. A farm for which before the earlier of: (1) The date the the farm from which peanuts are there Is peanut history acreage In one farm operator files a report of the picked or threshed as determined and or more years of the base period. planted acreage of peanuts on the adjusted under part 718 of this chap- (dd) Planted acreage. The final acre- farm, or (2) June 14, except that the ter. age of peanuts on a farm plus the excess acreage will not be considered (u) Green peanuts. Peanuts which, acreage of peanuts receiving failed as excess acreage when: () The final before drying or removal of moisture acreage credit under the provisions of acreage is 1 acre or less, (11) no acreage from the peanuts either by natural or Part 718 of this chapter. and quota has been transferred from artificial means, are marketed by the (ee) Peanuts. All peanuts produced, the farm or released to the county producer for consumption exclusively excluding any peanuts which were not committee for reapportionment, and as boiled peanuts. picked or threshed before or after (iii) no producer who shares in the (v) Handler.Any person or firm who marketing from the farm, as estab- peanuts also shares in peanuts on an- acquires peanuts through a business of lished by the producer or otherwise in other farm. , buying, shelling, or drying peanuts. Ck) Excess peanuts. (1) The quantity (w) Inspector. A Federal or Federal accordance with this subpart, and ex-. of quota peanuts marketed or consid. State inspector authorized or licensed eluding any peanuts marketed by the ered marketed in the current market- by the Secretary, U.S. Department of producer before drying or removal of Ing year in excess of the effective farm Agriculture. moisture from such peanuts by natu- poundage quota, or (2) peanuts pro- -x) Market. To dispose of peanuts, ral or artificial means for consumption duced on excess acreage, including farmers stock peanuts, exclusively as boiled peanuts (referred (1) Farm acreage allotment-1) Old shelled peanuts, cleaned peanuts, or to as "green peanuts"). farm. The preliminary farm acreage peanuts in processed form, by volun- (ff) Preliminaryfarm acreage allot- allotment for the current year multi- tary or involuntary sale, barter, or ex- ment. The acreage allotment deter- plied by the current year State allot- change, or by gift inter vivos. The mined under § 729.8. ment factor plus any permanent ad-- terms "Marketed",' "marketing",' and (gg) Preliminary farm poundage justments. "for market" shall have corresponding quota. The same as the farm base pro- (2) New farm. The allotment estab- meanings to the term "market" in the duction poundage. lished according to §729.17 by the connection in which they are used. (hh) Productivity pool A State and county committee with the concur- The terms '"barter" and "exchange" county pool into which are placed in- rence of the State committee, shall include the payment by the pro- creases or decreases in acreage result- (m) Farm base production poundage ducer of any quantity of peanuts for ing from permanent transfers. The poundt determined by multiply- the harvesting, picking, threshing, (ii) Quota peanuts. Peanuts (except ing the farm acreage allotment by the cleaning, crushing, or shelling of pea- green peanuts) which are marketed or farm yield and hereinafter referred to nuts, or for any other service rendered considered marketed from a farm for as the preliminary farm poundage to him by anyone. .Any lot of farmers domestic edible use. quota., stock peanuts will be considered, as (iJ) Seed sheller.A person who in the (n) Farm marketing quota. The marketed when delivered by the pro- course of his usual business operations actual production of peanuts dn the ducer to the buyer pursuant to an oral shells peanuts for producers for use as effective farm acreage allotment, or written sales agreement, Peanuts seed for the subsequent year's crop. (o) Farm poundage quota. The which are delivered by the producer as (kk) State allotment factor. The pounds determined by multiplying the collateral for or in settlement of a factor determined by dividing the preliminary farm poundage quota by price support loan will be considered State's share of the national acreage the national quota factor, as marketed at the time of dplivery. allotment, less the acreage reserved (p) Farm yield, The farm yield deter-. Any peanuts retained on the farm for under the provisions of this Part, by mined as provided in § 729.14. seed or other use shall be considered the sum of the preliminary allotments (q) Farm peanut history acreage marketings of quota peanuts. on all farms in the State plus the acre- The acreage determined under § 729.7 (y) Marketing year. For each crop of age in the State productivity pool. which is considered as devoted to pea- peanuts, the period beginning August (11) Undermarketings.-() ActUal nuts on a farm for purposes of estab- 1 of the current year and ending July undermarketings. The pounds by lishing future allotments. 31 of the following year. which the effective farm poundage Cr) Farmers stock peanuts. Picked or z) National poundage quota. The quota exceeds the pounds marketed or threshed peanuts produced in the pounds of peanuts determined and an- considered marketed as quota peanuts.

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 28989 (2) Effective undermarketings- The and the waist slender, shells amount very thin, leased and the acreage reduced for vio- by which the farm poundage with veining and corrugation but not lation from the: quota on an eligible farm shall be in- deep, and seed globular to oval and creased (1) Farm acreage allotment for 1976 in the current year for under- practically smooth. and 1977 years; or marketings in the preceding year, and (c) Valencia type peanuft. which Common- (2) Farm acreage allotment times shall be determined as follows: ly known as New Mexico Valencia, the national quota factor for 1978 and (i) The farm shall be an eligible Tennessee Valencia, Tennessee White, subsequent years. farm if the planted acreage of peanuts Tennessee Red, or Valencia; produced (c) Computation of history acreage. in the preceding year was equal to or principally in Tennessee and New If the full allotment Is not preserved greater than the product of the na- Mexico and Identified by the following as peanut history acreage under para- tional quota factor times the farm general characteristics: Typically graph (b) of this section, the farm acreage allotment in effect after ap- three or four-seeded, and sometimes peanut history acreage for the current proval of any transfer agreement five-seeded pods which are long and year shall be the planted and consid- which was filed before June 15. slender, with the end opposite the ered planted acreage for the current (ii) If 10 percent of the national stem having a definite point or keel year plus any current year acreage re- poundage quota for the marketing with conspicuous veining and corruga- duction for violation and for acreage year during which the actual under- tion, and seeds globular to oval. temporarily released. marketings occurred is equal to or (d) Virginia type peanuts. Common- (d) Reduction of Premiously deter- greater than the bctual undermarket- ly known as Virginia Runner, Virginia mined histor. Notwithstanding any ings on all eligible farms, the increase Bunch, North Carolina Runner, North other provision of this subpart, the shall be the same as, the actual under- Carolina Bunch, Jumbo, or Virginia; peanut history acreage for each year marketings. produced principally in North Caroli- of the base period shall be zero unless (iii) If the conditions in paragraph na, Virginia, northeastern South Caro- In one or more years of the base (ll)(2)(ii) of this section are not appli- lina, and Tennessee, and Identified by period the farm could have received cable the increase will be apportioned the following general characteristlcs peanut history acreage other than to each eligible farm in such manner Typically two-seeded pods which are from acreage released to the county that the increase will not be less than of an average size larger than any committee or acreage reduction(s) for the smaller of the actual undermar- other type, pods are roughly cylindri- the violation of marketing quotas. ketings or 10 percent of the effective cal, with veining and corrugation deep, farm poundage quota, will not be more and seeds cylindrical with pointed §729. Determination of preliminary farm than the actual undermarketings, and ends, length two or three times diame- acreage allotment. will be apportioned so as to cause the ter, and practically smooth. The county committee shall not es- total of the increases on all eligible tabllsh a preliminary farm acreage al- farms to equal 10 percent of the na- §729.5 Supervisory authority of State lotment for a farm if all of the crop- tional poundage quota for the market- committee. land on the farm has been retired ing year during which the actual un- The from agricultural production and the dermarketings State committee shall take any occurred. action required to be taken by the cropland was not and could not have (ram) Yield per acre or actual yield. county committee which the county been acquired under the right of emi- The actual yield per acre for the farm committee nent domain. In all other cases, the obtained fails to take and the State by dividing the total produc- committee shall correct or require the county committee shall establish a tion of- peanuts for the farm by the preliminary farm acreage allotment final acreage. county committee to correct any action taken by the committee which which shall be: (a) The average of the preceding § 729.4 Types of peanuts. is not according to this subpart The State committee shall also require the year's farm acreage allotment and The generally known types of pea- county committee to withhold taking farm peanut history acreage if the nuts have identifying characteristics any action which is not according to farm history acreage is less than 75 as follows: this subpart. percent of the farm acreage allotment. (a) Runner type peanuts. Commonly (b) The preceding year's farm acre- known as African Runner, Alabama § 729.6 Instructions and form. age allotment if the preceding year's farm peanut history Runner, Georgia Runner, Carolina The Director shall acreage is equal Runner cause to be pre- to or greater than 75 percent of the or Wilmington Runner, Dixie pared and Issued such forms and Runner, or Runner, produced princi- preceding year's farm acreage allot- instructions as are necessary for carry- ment. pally in the Southeastern peanut-pro- ing out the regulations In this part. ducing area of the United States and The forms and instructions shall be §729.9 Reserves identified by the following characteris- for corrections, missed approved by and the Instructions shall farms, inequities and for new farms. tics: Typically two-seeded pods which be Issued by the Deputy Adminitra- are practically cylindrical, medium tor. (a) The State committee shall estab- sized, stem end round and the other lish a reserve acreage from the State pointed with a slight keel having § 729.7 Determination of farm peanut his- allotment for correcting errors in farm shells fairly thick and strong, with tory acreage. allotments, for establishing allotments for missed farms, and for adjusting in- shallow veining and corrugation; seeds (a) Maximum history acreage. The crowded in pod with- adjacent ends cquitics. The reserve shall not exceed farm peanut history acreage for any 2 percent of the State allotment and sharply shouldered. year shall not exceed the farm peanut (b) Spanish type peanuts. shall be used to the extent available to Commonly allotment for such year. correct known as White Spanish, Small Span- errors and/or establish allot- (b) Farm acreage allotment fully pre- ments for missed farms before adjust- ish, Medium-Small Spanish, or Span- serred. The farm peanut history acre- ish; produced principally ing inequities. in the South- age for the current year is the same as (b) In eastern and Southwestern peanut-pro- addition to the reserve in the farm acreage allotment for the paragraph (a) of this section the State ducing areas of the United States and current year if in the current year or identified committee shall establish a State re- by the following general either of the two preceding years, the serve for new characteristis: Typically farms based on estimat- two-seeded planted and considered planted acre- ed requirements but not to exceed 1 pods which are small, with both ends age of peanuts was as much as 75 per- percent of the State allotment. rounded, the end opposite the stem cent of the results obtained after sub- (c) Within having the limitations provided an inconspicuous point or keel, tracting the acreage temporarily re- n paragraph (a) of this section the

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 3, 1973 28990 RULES AND REGULATIONS

State committee may make acreage proportion that the allotment is in- (d) If there was a substantial change from the State reserve established creased. in the operation of the farm (or identi- under this section available to the (b) The increase in acreage allot- fiable tract) during the period 1973-77 county committees for adjusting in- ment under this section shall not be (including a change In the farm opera- equities in farm acreage allotments. considered in establishing. future tor, irrigation practice, or other simi- To the extent that reserve acreage is State, county, or farm acreage allot- lar condition) the yield (farm or tract) available, the county committee may ments. may be adjusted (upward or down- adjust an inequity in the farm acreage ward) based on similar farms and in allotment if it determines with approv- § 729.12 Determination of effective farm 'accordance with instructions Issued by al of a representative of the State acreage allotment and effective farm the Deputy Administrator. committee that the adjustment is nec- poundage quota. essary to. establish an allotment for The effective farm acreage allot- § 729.15 Determination of farm yield on a the farm which is equitable when comment and the effective farm poundage farm reconstituted after farm yields pared with the allotment on other quota shall be the farm acreage allot- have been established. similar old farms in the locality. ment and farm poundage quota plus For reconstitutions which are effec- Upward adjustments shall be made on or minus any adjustments made active after farm yields have been estab- the basis of the farm peanut history cording to this part as a result of lished the farm yield shall be deter- acreage for the base period; labor and transfer, release, reapportionment, un- mined as follows: equipment available for the produc- dermarketing, increase in allotment (a) Combinations. The farm yield tion of peanuts; crop-rotation prac- for types of peanuts in short supply, shall be the weighted average of the tices; and soil and other physical fac- and for a violation reduction. tract yields for each identifiable tract tom affecting the production of pea- in the combined farm, based on the nuts. § 729.13 Increase in farm poundage quota peanut allotment attributable to each for undermarketings. respective tract and the tract yield for § 729.10 Computation of farm acreage al- The farm poundage shall be in- that tract. lotments for old farms. creased by the amount of the effective (b) Divisions.-(1) No identifiable The farm acreage allotment for each undermarketings. An increase in the tracts having tract yield established. old farm for the current year shall be farm poundage quota as a result of un- The farm yield shall be the same for computed 'by multiplying the prelimi- dermarketings shall not result in an each tract as the farm yield for the .nary allotment for such farm by the increase in the farm acreage allot- parent farm. State allotment factor. ment. (2) Identifiable tracts with tract yield established. The farm yield shall § 729.11 Additional acreage allotment for § 729.14 Determination of farm yields. be the same as the tract yield estab-' farms producing types of peanuts in A farm yield shall be determined for lished for the tract which is divided short supply. each farm for which a farm acreage al- from the parent farm. (3) Division of an identifiable tract (a) Any additional acreage allotment lotment(a) has been established. apportioned to any State producing For each farm (except a farm re- having a tract yield established. The peanuts of a type or types determined sulting from a combination which farm yield shall be the same as the to be in short supply for the current became effective during any of the tract yield for the tract which Is being year, less a reserve for the correction years 1974 through 1977) on which divided. of errors, shall be apportioned among peanuts ware produced during 3 or farms on which peanuts'of such type more of the years 1973-77 the farm § 729.16 Determination of preliminary or types were produced in any of the 3 yield shall be the average of the three farm poundage quota and farm pound- years of the base period. The reserve highest actual yields per acre on the age quota. for the correction of errors shall be de- farm during the crop years 1973 For each farm for which a farm termined by the State committee on through 1977. acreage allotment has been deter- the basis of experience in past allot- (b) If peanuts were not produced on mined the county committee shall de- ment programs and its knowledge as the' farm (or identifiable tract on a termine a preliminary farm poundage to the reliability of data used in appor- farm which resulted from a combina- quota and farm poundage quota. The tioning the additional acreage to tion during the period 1974-77) in at preliminary farm poundage quota farms, and shall not exceed 1 percent least 3 years of the 5-year period 1973- shall be determined by multiplying of the additional acreage apportioned 77, the county committee shall ap- the farm acreage allotment by the to the State. For each farm eligible to praise a farm yield (or tract yield, if farm yield as determined under share in the additional acreage appor- applicable) based on the farm yield on §729.14. The farm poundage quota tioned to the State, the county com- similar farms and in accordance with shall be determined by multiplying mittee shall determine that part of instructions issued by the Deputy Ad- the preliminary farm poundage quota the total farm peanut history acreages ministrator. by the national quota factor. for the base period that was devoted (c) For each farm which resulted to, or considered devoted to, the re- from a combination which became ef- § 729.17 New farm allotment. spective type of peanuts determined to fective during any of the year 1974 (a) Conditions of eligibility for new be in short supply. A factor shall be through 1977 a tract yield shall be de- farm allotment A new farm peanut al- computed by dividing, the additional termined for each identifiable tract lotment may be established if each of acreage apportioned to the State for which was included in. the combina- the following conditions are met: the respective type (minus the reserve tion farm at the time of the combina- (1) Written application. A written for the correction of errors) by the tion. The tract yield shall be estab- application for a new farm allotment State total of acreage devoted to the lished in the same manner as the farm must be filed by the farm operator at respective type. The factor(s) shall be yield for a. farm which was not in- the office of the county committee rounded to four decimal places. The volved in a combination. The farm where the farm is administratively lo- amount of the increase for each farm yield for the farm shall be determined cated. The application must be filed shall be computed by multiplying the by dividing the sum of the products of on or before February 15 of the cur- respective factor by the total acreage the tract yields tim.es the allotment at- rent crop year. determined for each respective type tributable to each respective tract by (2) Operator requirements. (1) The for each eligible farm. The poundage the farm acreage allotment for the operator shall be the sole owner of the quota shall be increased in the same farm. entire farm except that the operator's

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 28991

spouse may be an owner, or joint the operator was In the armed services (2) Any new farm allotment estab- owner with the operator of all or part during the 5-year period, the period lished, where incomplete or inaccurate of the farm. shall be extended 1 year for each year information was unknowingly fur- (ii) Neither the farm operator nor of military service during the 5-year nished by the applicant and so deter- the operator's spouse, If the spouse period. The experience must have mined by the county committee shall has ownership interest in the farm for been on a farm having an effective be void for the next crop year. Howev- which the application is filed, shall peanut allotment during each year for er, the cancellation shall not be appli- own, have any ownership interest in, which experience is claimed. cable to the current year or the prior or operate any other farm in the (3) Farm requirements.The farm: years United States for which a peanut al- (i) Must include the type of soil that (e) Farm poundage quota for a new lotment is established for the current is suitable for peanut production. farm. The county committee shall de- year. (ii) May not include land from which termine a farm poundage quota for (il) The operator must own or have the entire peanut allotment was per- each new farm for which an allotment readily available adequate equipment manently transferred by sale or owner has been established as follows. and any other facilities of production within the past five crop years. (1) A farm yield determined under (including irrigation water in irriga- (ii) May not include land from 729.14 shall be multiplied by the estab- tion areas) necessary to the produc- which the entire peanut allotment was lished new farm allotment to obtain tion of peanuts on the farm. permanently released within the past the preliminary farm poundage quota. (iv) Except as provided in paragraph three crop years. (2) The preliminary farm poundage (c) of this section, the operator and (v) May not include a tract of land quota shall be multiplied by the na- the operator's spouse must satisfy the which resulted from a division, which tional quota factor to obtain the farm county committee that they expect to became effective during the past three poundage quota for the new farm. obtaif during the current year more crop years, of a parent farm peanut al- than 50 percent of their income from lotment by the owner designation A729.2-3 Approval of allotment and farm the production of agricultural com- method pursuant to part 719 of this poundage quota and notice to farm op- modities or products. If the operator is chapter. erator. a partnership, each partner must (v) May not include land which was (a) Approval Each farm acreage al- expect to obtain more than 50 percent returned to agricultural production lotment, farm yield, preliminary farm of his/her current year income from within a period of 3 years from the poundage quota and farm poundage farming. If the operator is a corpora- date the former owner was displaced If quota sJhall be determined under the tion, it must have no other major cor- the entire peanut allotment for the supervision of and approved by the porate purpose other than ownership farm of which the land was a part was county committee of the, county in or operation of the farm(s). Farming pooled pursuant to part 719 of this which the farm is admintratively lo- must provide its officers and general chapter. cated, subject to concurrence of the manager with more than 50 percent of (b) Amount of new farm allotments. State committee or a representative of their expected income. Salaries and The farm allotment for a new farm the State committee. The initial notice dividends from the corporation shall shall be that acreage which the county of an acreage allotment and poundage be considered as income from farming. committee, with the approval of a rep- quota shall not be maied to a farm op- (A) Income from farming. Income resentative of the State committee, de- erator until the allotment and pound- from farming shall include the esti- termines is fair and reazonable for the age quota has been approved. A re- mated return from home gardens, live- farm, taking Into consideration the vlzc-d notice may be mailed without stock, and livestock products, poultry, peanut-growing experience of the prior approval in any case resulting or other agricultural products pro- producer(s) on the farm; land, labor from: (1) A farm reconstitution that duced for home consumption or other and equipment available for the pro- does not require allomtion of addition- use on the farm(s) excluding the esti- duction of peanuts on the farm; crop al acreage or poundage quota; (2) re- mated return from the production of rotation practices; and soil and other lcpze and reapportionment of pound- the requested new farm allotment. physical factors affecting the produc- age quota; (3) an increase of allotment (B) Income from nonfarming. Non- tion of peanuts. The farm allotment for type; (4) lease and transfer of farming income shall include but shall established for a new farm shall not poundage quota; or (5) allotment re- not be limited to salaries, commissions, exceed the smaller of 10 acres or 25 duction due solely to failure to return pensions, social security payments, percent of the cropland on the farm marketing card(s) or otherwise furnish and unemployment compensations. without prior approval of the Deputy a satisfactory report of disposition of (C) Special provision for low-income Administrator. peanuts. farmers. The county committee may (c) Reduction of new farm allotment. (b) Notice to farm operator. (1) As waive the income provisions in this The allotment determined under this soon as pozaIble after the farm acreage section provided the county committee subpart for a new farm shall be re- allotment and poundage quota is ap- determines with concurrence of a duced to the sum of the peanut acre- proved, an official notice of the effec- State committee representative, that age planted and the acreage prevented tive farm acreage allotment and the without the new farm allotment the -from being planted to peanuts due to a effective farm poundage quota shall operator and the operator's spouse natural disaster on the farm when It Is be mailed to the farm operator. jointly will not be able to provide a found that the sum of the planted and (2) If application for a new farm reasonable standard of living for their prevented planted acreage Is les than peanut allotment is disapproved by family. 75 percent of the results obtained by the county committee because the eli- (v) The operator must have had ex- multiplying the new farm allotment gibility requirements for a new farm perience in producing, harvesting, and times the national quota factor. allotment have not been met, the marketing peanuts. The experience (d) Cancellation of new farm allot- county committee shall mail to the must have been as a sharecropper, menL (1) Any new farm allotment es- farm operator a notice of "None" as tenant, or farm operator (bona fide tablished and any history acreage the farm allotment. peanut production experience gained credit shall be void as of the date the (3) If an old peanut farm loses eligi- by a person as a member of a partner- new farm allotment was Issued If the bility for an old farm peanut allot- ship shall be accepted as experience State committee determines that the ment for the current year, the county gained in meeting this requirement) applicant knowingly furnished false, committee shall mail to the farm oper- during at least 2 of the 5 years imme- incomplete or inaccurate Information ator a notice of "None" as the farm al- diately preceding the current year. If to obtain the allotment. lotment and poundage quota. The

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 28992 RULES AND REGULATIONS notice must show the reason why a (with approval of the State Executive and operator of any farm having an farm allotment and poundage quota Director) that (1) the error was not so old farm peanut allotment and pound- was not established for the farm. gross as to place the operator on age quota in the current year Is eligi- (4) A revised notice of farm allot- notice thereof, and (2) that the opera- ble to file a record of transfer for sale ment and poundage quota shall be tor was not notified of the correct or lease of all or any part of the farm mailed to the farm operator as soon as farm poundage quota prior to market- poundage quota to any other owner or possible after the county committee ing peanuts as quota peanuts in excess operator of a farm in the same county, determines that an incorrect notice of the correct farm poundage quota. The receiving farm need not be an old has been mailed or the county com- Undermarketings for farms for which farm. If the owner(s) and operator of mittee takes an action (approves lease, the erroneous notice of poundage the farm from from which the trans. reconstitution, etc.) which requires a quota is applied shall be determined fer by sale or lease is to be made are revision of the previously determined on the basis of the correct effective different persons. Each shall execute allotment and poundage quota. farm poundage quota for the farm. the record of transfer; however, only (5) The notice to the operator shall (c) Notice of excess and penalty. The the owner(s) or operator of the receiv- constitute notice to all persons who as county committee shall mail to the Ing farm is required to sign the trans- operator, landlord, tenant, or share- farm operator a written notice of fer. A county committee member or cropper are interested in the farm for excess acreage for any farm with employee must witness the signature which the allotment is established. excess peanut acreage. Such notice of either the owner or operator of the shall contain a brief statement of the (6) Insofar as possible and practical, procedure whereby application for transferring farm and the owner or all notices shall be mailed in time to review of the marketing quota may be operator of the receiving farm. If such be received prior to the date of any made under section 363 of the act. The signatures cannot be witnessed in the peanut marketing quota referendum. notice shall bear the actual or facsi- county office where the farm Is admin- (7) A copy of each notice or a print- mile signature of a member of the istratively located, they may be wit- out summary of the data from each county committee. The facsimile sig- nessed in any county office convenient notice shall be displayed for 30 days in nature may be affixed by the county to the owner or operator's residence. the county office and shall thereafter committeemen or an employee of the The requirement that signatures be remain available for public inspection. county office. A copy of each notice witnessed for producers who are ill, (8) Upon request, a certified copy of containing a notation thereon of the infirm, reside in distant areas, or are the notice shall be furnished, without date of mailing the notice to the oper- in similar hardship situations or may charge to any person who has an in- ator of the farm shall be kept among be unduly inbonvenienced may be terest in peanuts on the farm as an op- the permanent records of the county waived provided the county office erator, landlord, tenant, or sharecrop- committee, and upon request, a copy, malls Form ASCS-375 for the required per in the year for which the notice is certified as true-and correct shall be signature. In the case of a transfer by issued. furnished without charge to any sale, such request must be accompa- person who as operator, landlord, nied by a statement signed by all par- §729.24 Erroneous notice of allotment tenant, or sharecropper, is interested ties to the transaction confirming that and poundage quota. in the peanuts produced in the current the sale has been made. (a) Allotment erroneous notice. If year on the farm for which the notice (2) By owner. The owner of any the official notice of the farm acreage is given. farm having an old farm peanut allot. allotment and poundage quota issued ment and poundage quota in the cur- § 729.25 Application for review. for any farm erroneously stated an "Any rent year is eligible to file a record of acreage allotment larger than the cor- producer who is dissatisfied transfer to transfer the farm loulnd- rect effective farm acreage allotment, with the farm acreage allotment and age quota from the farm to another the acreage allotment shown on the farm poundage quota established for farm in the same county owned or erroneous notice shall be used as the his new farm may, within 15 days controlled by the owner. The county peanut acreage allotment for the farm after mailing of the official notice of committee may approve a temporary for the current marketing year only, if the farm acreage allotment and transfer to a farm controlled but not the county committee determines poundage quota, file application in owned by the applicant only if the ap- (with the approval of the State Execu- writing with the county ASCS office plicant will be the operator of the tive Director) that (1) the error was to have such allotment and quota re- farm to which transfer is to be made not so gross as to place the operator viewed by a review committee. The for each of the years for which the on notice thereof, and (2) the opera- review committee has the duty and re- transfer is requested. If the county tor, relying upon such notice and sponsibility to establish the correct, committee determines that the appli- acting in good faith (i) materially fair, and reasonable acreage allotment, cant, due to conditions beyond his con changes his position to enable him to marketing quota, and poundage quota trol, is prevented from remaining the produce the allotment crop (for exam- in accordance with law and without operator of a farm to which an owner ple obligated expenditures of funds for regard to reserve acreage available or transfer has been approved, the trans- other limitations upon the county land preparation, additional equip- committee when the allotment, mar- fer mhy remain in effect for the period ment and labor) and (ii) has planted keting quota, and/or poundage quota specified at the time the transfer waa an acreage of peanuts in excess of the being reviewed was established. The filed. Conditions beyond the owner's correct effective farm acreage allot- procedure governing the review of the control shall include, but are not limit- ment. farm acreage allotments and marketed to death, illness, Incompetency, or (b) Poundage quota erroneous ing quotas is contained in part 711 of bankruptcy. notice. If the official notice of acreage this chapter, which is available at the (b) Filing record of transfer Form allotment and poundage quota issued county ASCS office. ASCS-375 "Record of Transfer of Al- for a farm erroneously stated a pound- lotment or Quota" shall be filed on or age quota larger than the correct ef- TRANsFERs AND RELEASE AND 'before November 30 of the current fective farm poundage quota, the REAPPORTIONMENT crop year with the county committee poundage quota shown on the errone- of the county where the farm Is ad. ous notice shall be used as the pound- § 729.30 Terms and conditions applicable ministratively located. The State com- age quota and the basis for marketing to transfers under Section 358a of the mittee may authorize the acceptance penalty computation for the farm for Act. of a late-filed record if It determines the current marketing year only, if (a) Persons eligible to file a record of that the record was not filed timely the county committee determines transfer-(1) Sale or lease. The owner due to reasons beyond the control of

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 28993

the owner and operator of the trans- part 719 of this chapter may be trans- (2) Temporary transfer An acreage ferring farm. ferred: equal to the decrease in allotment as a (c) Maximum period of transfer by (1) On a permanent basis during the result of a temporary transfer of lease or by owner on a temporary 3-year life of the pooled poundage poundage quota shall be considered to basis. A record of transfer by lease, or quota, or have been planted on the farm from by owner on a temporary basis, shall (2) On a temporary basis for a term w~hich the poundage quota was trans- not be for a period exceeding 5 years. of years not to exceed the remaining ferred. The increase in allotment re- (d) Farm poundage quota basis for number of crop years of such 3-year sulting from a temporary transfer of transfer.Transfers shall be effected by period. poundage quota to a farm shall have transfer of farm poundage quota. (i) Consent of lienholder.A transfer no effect on acreage history for the Transfer of farm poundage quota will of poundage quota from a farm which farm. result in adjustment in the farm acre- the county committee has been In- (1) Effect of transfer .iled after* age allotment on the basis of the farm formed is subject to a mortgage or peanut acreage reported or after a vio- yields for the transferring and receiv- other lien shall not be approved unless lation occur--The effective farm acre- ing farms respectively. The adjusted the transfer Is agreed to in writing by age allotment and effective farm acreage shall be determined by multi- the lienholder. poundage quota for a farm prior to applying the farm poundage quota trans- (j) Transfers to and from a farmi- proval of a transfer shall be used in ferred by the reciprocal of the nation- (1) Transferfiled on or before June 14. determlning al quota factor (1.0 the national The county committee shall not ap- (1) Eligibility of a farm for price sup- quota factor) and dividing the results prove a transfer which Is filed on or port If the transfer agreement was by (1) the farm yield for the transfer- before June 14 of the current year if filed after the farm operator reported ring farm to determine the reduction approval would result In a transfer the acreage of peanuts on the farm; or in acreage for the transferring farm, both to and from the farm during the (2) The percentage of reduction in a and (2) the farm yield for the receiv- period ending on June 14 of the same farm acreage allotment for a violation ing farm to determine the acreage to crop year; Provided, That a transfer of the regulations in this subpart if add to the receiving farm. may be approved if a poundage quota the violation occurs before approval of (e) Productivity acreage. When the is transferred temporarily from a farm the transfer. poundage quota is transferred by sale for 1 or more years (and the transfer (m) Farm in violation. If considera- or by permanent owner transfer, the remains in effect) and the farm Is sub- tion Is pending of a violation which productivity pool shall be increased or sequently combined with another may result In an allotment reduction decreased to reflect the algebraic dif- farm that is otherwise eligible to re- for the current year on the transfer- ference obtained by subtracting the ceive poundage quota by transfer. ring farm, the county committee shall acreage added to the receiving farm (2) Transfer filed after June 14. A delay approval of the transfer until from the acreage deducted from the temporary transfer of poundage quota action on the violation has been com- transferring farm. either to or from the same farm (but pleted or a determination has been (f) Adjustment in national or State not both) may be approved by the made that an allotment reduction allotment. The adjustment made in county committee if filed after June cannot be made in the current crop ,any peanut allotment because of the 14, even though a transfer which was year. If an allotment reduction is to be made in the next year's allotment, transfer of a higher or lower produc- filed before June 15 is in effect for the a ing farm shall not reduce or increase farm. Approval shall: transfer by lease shall be limited to (i) Be limited to 1 year. one year. The county committee shall the size of any future national or (ii) Not be made unless the planted delay an allotment reduction until the State allotment. acreage of peanuts on the transferring next year if the committee has ap- (g) Transfer not to be approved. The farm Is equal to or greater than an proved a transfer from the farm and county committee shall not approve a acreage equal to 75 percent of results the effective allotment after the trans- transfer. obtained when multiplying the nation- fer Is le.-: than the amount of the al- (1) If after approval the total in- al quota factor times the farm acreage lotment reduction. crease in the farm peanut allotment allotment in effect at the time the (n) Acrea!e apportiorcdto farms for from transfers by purchase in prior farm operator filed a report of the types in short supply. Poundage quota years and by lease and purchase in the planted acreage of peanuts for the resulting from acreage apportioned to current year will exceed 50 acres, current year. farms for typEs in short supply pursu- except that this limitation shall not (ill) Not be made if the poundage ant to § 729.11 shall not be transferred apply to approval of a transfer filed quota to be transfered Is more than by sale or by owner on a permanent after June 14. will be required, based on an estimate basis but such poundage may be trans- (2) Of reapportioned poundage by the operator of the receiving farm ferred by lease or by owner for the quota. and subject to concurrance of the current year only. (3) Of poundage quota which result- county committee, to market as quota (o) County committee action.--(1) ed from undermarketings. peanuts the entire production of pea- Approval of transfer. The county (4) Of poundage quota which result nuts from the farm in the current committee shall approve the transfer from approval of a new farm allot- year. of poundage quota only if it deter- ment in the current year. (iv) Be subject to other provisions In mines that a timely filed record has (5) Of poundage quota by sale if al- this section except for the acreage lim- been received and that the transfer lotment or poundage quota was trans- itation in paragraph (g) of this section. complies aith the requirements of this ferred to the farm by sale within the 3 (v) Not be made by the county com- ,ection. A transfer shall not be effec- preceding crop years. mittee before August 16 of the current tive until approved by the county com- (6) If after approval the difference crop year. mittee. The county committee may between the effective poundage quota (k Zffect of transfer on acreage his- delegate authority to the county ex- and the effective preliminary pound- tory.-(1) Permanent transfer. The ecutive director and to other county age quota is less-than the pounds of acreage history for both the transfer- office employees to approve transfers peanuts previously contracted under ring farm and the receiving farm shall of poundage quotas. the -provisions of part 1446 of this be adjusted for the current year and (2) Notice of revised allotments. A title. for the 2 preceding years to reflect the revised notice of farm allotment and (h) Transfer of Pooled allotments. applicable increase or decrease in the poundage quota must be issued for Poundage quotas established for a allotment which resulted from the each farm affected by the transfer of fba.r as pooled poundage quotas under transfer. allotment and poundage quota.

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 28994 RULES AND REGULATIONS

(3) Cancellationof transfer.A trans- quota and shall be agreed upon and subject to the approval of the State fer approved on the basis of incorrect signed by each person whose signature committee or its representative. information furnished by the parties is required under the terms and condi- (f) Acreage history credits and eligi- to the transfer agreement or approved tions in paragraph (a) of this section. bility as an old peanut farm. Any acre- due to error by the county committee age transferred under this paragraph shall be canceled as of the date of ap- § 729.31 Transfer of peanut farm acreage shall be considered for the purpose of proval. However, the cancellation shall allotment for farms affected by a natu- determining future allotments to lbave ral disaster. been planted to peanuts on the farm not be effective forI the current marketing year if: (a) Designation of counties affected from which such allotment Is trans. (i) The transfer approval was made by a natural disaster.The State com- ferred. on the basis of incorrect information mittee shall determine those counties (g) Closing dates. The application unknowingly furnished in good faith affected by a natural disaster (includ- for transfer shall be filed with the by the parties to the transfer agreeing but not limited to hurricane, rain, county committee On or before June ment or the transfer approval was flash flood, hail, drought, and any 14 of the current year unless the made in error by the county commit- other severe weather) which prevents county dommittee with concurrence of tee, and the timely planting or replanting of a State comfaittee representative de- (ii) The parties to the transfer agree- any of the peanut acreage allotment termines that the failure to file the ment were not notified of the cancella- for any farm in the county. The application by June 14 was the result tion prior to planting of the crop. county committee of each county af- of conditions beyond the control of Where cancellation of a transfer is fected by the determination shall pub- the applicant. required, the county committee shall licize the determination. issue revised notices of allotment and (b) Application for transfer. the §729.32 Release and reapportionment. poundage quota showing the reasons owner or operator of a farm in a (a) Release and reapportionment for cancellation. county designated for any year under shall be effected by temporary or per- (p) Withdrawal or minor revisions. paragraph (a) of this section may file manent release and temporary reap- Where the county committee deter- a written application for transfer of portfonment of farm poundage quota. mines that It is clearly in the best in- peanut acreage within the farm Release and 'reapportionment of farm terest of all the producers and that ef- peanut allotment for such year to an- poundage quota will result In a de- fective operation of the program will other farm in the same county or in crease (release) or Increase (reappor- not be Impaired, the county committee an adjoining county in the same or ad- tionment) in the acreage allotment on may permit withdrawal or minor revi- joining State if such acreage cannot be the basis of the farm yield for the re- sions of transfers upon written request timely planted or replanted because of spective farm. The released acreage by all parties to the transfer; Pro- the natural disaster. The transfer of will be determined by multiplying the vided, That: (1) temporary transfers the peanut allotment shall also have released poundage quota by the recip. may be withdrawn or revised before the effect of transferring the pound- rocal of the national quota factor and peanuts are planted during any year age quota. The application shall be dividing the result by the farm yield of the agreement, and (ii) permanent filed with the county committee for for the releasing farm. The reappor- transfers may be withdrawn or revised the county in which the farm affected tioned acreage will be determined by before peanuts are planted and only by such disaster is located. If the ap- multiplying the reapportioned pound. during the first year of the agreement. plication involves a transfer to an ad- age quota by the reciprocal of the na- (q) Recomputation of previously ap- joining county, the county committee tional quota factor and dividing the re- proved multiple year transfer. For a for the adjoining county shall be con- sults by the farm yield for the farm multiple year transfer approved after sulted before action is taken by the receiving the reapportioned poundage 1977, annually recompute the transfer county committee receiving the appli- quota. by limiting the poundage quota trans- cation. (b) Release of farm poundage quota. ferred to the smaller of: (1) the pound- (c) Amount of transfer.The acreage Except as provided in subparagraph age quota initially transferred, or (2) to be transferred shall-not exceed the (d), the farm operator may release the farm poundage quota for the farm allotment established under this part or all of the farm poundage quota transferring farm. The acres for the part less such acreage planted to pea- ,(except quota resulting from under- transferring and for the receiving nuts and not destroyed by the natural marketings in a previous year) by farm shall be determined in the same disaster. filing a written release with the manner as the acres for annual trans- (d) County committee approval.The county committee. fer are determined as provided in this county committee shall approve the -(c) Closing date to release or to re- part. transfer of such peanut acreage if it quest reapportionment The State (r) Amendment of multiple year finds that: committee shall establish and publi- transfer agreements filed on or before (1) Such acreage on the transferring cize the closing date(s) for release of December 31. 1977. Notwithstanding farm could not be timely planted or the farm acreage allotment and any other provision in this section, a replanted because of the natural disas- poundage quota for the State or for multiple year temporary transfer ap- ter; and areas consisting of one or more coun- proved before 1978 shall not be effec- N (2) One or more of the producers of ties in the State taking into considera- tive after 1977 unless an amended peanuts on the transferring farm will tion the normal planting date(s) for ASCS-375 is filed. the county commit- be a bona fide producer engaged in the the State. The closing date for release tee shall notify the operators of both production of peanuts on the receiving shall be no later than the date on the transferring farm and the receiv- farm and will share in the proceeds of which planting of peanuts normally ing farm of the requirement for filing the peanuts. becomes general on farms In the State, an amended ASCS-375 in order for the (e) Cancellation of transfers. If a area or county. The established previously filed transfer agreement to transfer is approved under this section date(s) also shall be the closing date remain in effect. The amended ASCS- and it is later determined that the for filing a request to receive reappor- 375 must be filed at the county ASCS conditions in paragraph (d) of this sec- tioned poundage quota. office within 20 days from date of no- tion have not been met, the county (d) Signatures required in .Vpecial tification by the county committee committee, State committee, or the cases. If the entire allotment was re- that an amended transfer agreement Deputy Administrator may cancel leased in each of the 2 years preceding Is required, the amended agreement such transfer. Action by the county the current year, the release of the shall be on the basis of farm poundage committee to cancel a transfer shall be entire farm poundage quota for the

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 28995 current year shall be signed by both a farm on which the basic allotment nal marketing card or a supplemental the owner and the operator of the for the current crop year is reduced to marketing card. The balance of the farm. If any part of the farm pound- zero for a violation of the peanut mar- poundage quota from the returned age quota is permanently released (i.e., keting quota regulations. marketing card shall be entered as the for the current year and all subse- effective farm poundage quotaon the quent years), the release shall be in MAREITMG CARDS AND PRODUCXR supplemental card. writing and signed by both the owner IDENTIFICATION CARDS (3) Two or more marketing cards and operator of the farm. The farm may be issued for a farm if the farm poundage quota may not be released: §729.42 Issuance of cards. operator specifies in writing the (1) from a new farm, (2) for the cur- (a) Issuance of marketing cards. A poundage quota (not to exceed the rent year, if the owner of the farm marketing card (MQ-76) shall be balance of poundage quota available) files an objection with the county issued in the name of the farm opera- to be assigned to each card. committee in writing, before a release tor for each farm on which peanuts (4) Other data specified in instruc- is filed by the operator, and (3) from are produced in the current year for tions Issued by the Deputy Adminis- the eminent domain pool if an applica- use by each producer on the farm for trator shall be entered on the market- tion for transfer from the pool has marketing his/her share of peanuts ing card. been filed in accordance with part 719 produced except that: (1) a card issued (f Data on producer identification of this chapter. for experimental peanuts shall be cards.-(1) The identification card (e) Reapportionment of farm pound- Issued in the name of the experiment Issued in the name of the farm opera- age quota. A farm shall be eligible to station, and (2) a card issued to a suc- tor shall be embossed to show the: (i) receive reapportionment of released cessor-in.interest shall be issued in the name and address of the farm opera- poundage quota only if a written re- name of the successor-In-interest. The tor, and (ii) the State, county code, quest is filed by the farm owner or op- face of the marketing card may show and farm serial number. If an em- erator at the office of the county com- the name of other interested produc- bossed Identification card is not availa- mittee pursuant to this section. The ers. ble the above information shall be en- farm poundage quota released pursu- (b) Issuance of producer identifica- tered by the county.ASCS office. ant to this section may be reappor- tion cards. A producer identification (2) A farm operator may receive as tioned by the county committee to card shall be issued in the same name many Identification cards as may be other farms in the same county receiv- that is entered on the marketing needed at any one time to accompany ing allotments in amounts determined card(s) for each eligible farm. The pro- each lot of peanuts offered for sale by the county committee to be fair ducer identification card will be used until such time as the peanuts are in- and reasonable on the basis of land, .to identify the farm on which the pea- spected and MQ-94 has been executed labor, and equipment available for the nuts were produced and the card must by the inspection service. production of peanuts; crop-rotation accompany each lot of peanuts when (3) After the identification card is practices; and soil and other physical offered for sale. Producer Identifica- returned to the operator it may be factors affecting the production of tion cards shall be issued at the time used again to Identify another lot of peanuts. marketing cards are issued. peanuts. (f) Closing date for making reappor- (c) Person authorized to issue card-% (g) Replacing a lost, stolen, or de- tionment. Poundage quota released to The county executive director shall be stroyed markitingcard. A new market- the county committee may be reappor- responsible for the Issuance of marketing card shall be issued to replace a tioned by the county committee to ing cards and producer identification card which has been determined by other farms in the county at any time cards. the county executive director who not later than 30 days following the (d) Rights of producers and succes- issued the card to have been lost, de- closing date set by the State commit- sors-in-interest (1) Each producer stroyed, or stolen provided the farm tee pursuant to this section for filing a having a share in the peanuts availa- operator gives immediate written request for an increase in the pound- ble for marketing from a farm shall be notice of such fact and furnishes a sat- age quota. entitled to the use of the marketing isfactory report of the quantity of pea- (g) Credit for released or reappor- and identification cards for marketing nuts marketed through use of the lost, tioned poundage quota. The release of his/her -proportionate share of the stolen, or destroyed marketing card. the farm poundage quota for the cur- peanuts produced on the farm. rent year only shall not operate to (2) Any person who succeeds, in § 729.43 Claim stamping marketing cards. reduce the allotifient or poundage whole or in part to the share of a pro- If a person is indebted to the United quota for the farm for any subsequent ducer in the peanuts available for mar- States and the indebtedness is listed year unless the farm becomes ineligi- keting from a farm, shall, to the on the county debt record any market- ble for an old farm allotment. Any in- extent of such succession, have the ing card Issued for the farm on which crease in the allotment for a farm re- same rights to the use of the market- the person has a producer interest sulting from reapportionment of farm ing and Identification cards and bear shall bear the notation "US. Claim!" poundage quota shall not operate to the same liability for penalties as the followed by the amount of the indebt- increase the allotment or poundage original producer. edness. The name of the indebted pro- quota for such farm for any subse- (e) Data entered on marketing card ducer, if different from the farm oper- quent year. and supplemental card.--(1) Before Is- ator, shall be recorded directly under (h) Applicability to a farm acquired suance the following data and infor- the claim notation. A notation show- by an agency having the right of emi- mation must be entered on the mar- ing "PMQ"(peanut marketing quota) nent domain. During any year of the keting card in the spaces provided: () as the type of indebtedness shall con- period the peanut acreage allotment Effective farm poundage quota; (Hi)if stitute notice to any peanut buyer and poundage quota from a farm re- applicable, the pounds of peanuts con- that until the amount of penalty and mains in the allotment pool pursuant tracted and the handier number of the accured interest Is paid, the United to part 719 of this chapter, the dis- contracting handler, and (i) convert- States has a lien on the crop of pea- placed owner may release all or any ed penalty rate, if applicable. nuts with respect to which the penalty part of the farm poundage quota to (2) A supplemental marketing card was incurred and on any subsequent the county committee. bearing the same name identification crop of peanuts subject to marketing (i) No reapportionment of released as shown on the original marketing quotas in which the person liable for quota to zero allotment farm. Pound- card may be issued for a farm upon payment of the penalty has an inter- age quota may not be reapportioned to return to the county office of an origi- -est. A claim notation other than

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 28996 RULES AND REGULATIONS

"PMQ" shall constitute notice to any [3410-02] tee during fiscal year April 1, 1978, peanut buyer that subject to prior through March 31. 1979. will amount liens the net proceeds, to the extent of CHAPTER IX-AGRICULTURAL MAR- to $10,607. the indebtedness shown, from any (b) The rate of assessment for said KETING SERVICE (MARKETING year payable by each handler in ac- price support loan or purchase settle- AGREEMENTS AND ORDERS; cordance with §921.41 is fixed at $0.90 ment due the debtor must be paid to FRUITS, VEGETABLES, NUTS), DE- per ton of peaches. the "Agricultural Stabilization and PARTMENT OF AGRICULTURE Conservation Service, USDA." The acceptance and use of a marketing card PEACHES, APRICOTS, AND SWEET PART 922-APRICOTS GROWN IN bearing a notation and Information CHERRIES GROWN IN DESIGNATED DESIGNATED COUNTIES IN WASH- concerning indebtedness to the United COUNTIES IN WASHINGTON, AND INGTON States shall not constitute a waiver by the indebted producer of any right to PRUNES GROWN IN DESIGNATED MARnmrr ORDns 922 contest the validity of such indebted- COUNTIES IN WASHINGTON AND IN UMATILLA COUNTY, OREG. §922.218 Expenses and rate of assess. ness by appropriate administrative ment. appeal or legal action. A claim free Expenses and Rates of Assessment (a) Expenses that are reasonable and marketing card shall be issued when likely to be incurred by the Washing- the claim has been paid. AGENCY: - Agricultural Marketing Service, USDA. ton Apricot Marketing Committee during fiscal year April 1, 1978, § 729.44 Invalid cards. ACTION: Final rules. through March 31, 1979, will amount (a) Reasons for being invalid. A mar- SUMMARY: These regulations autho- to $2,692. keting card shall be invalid under any rize expenses and rates of assessment (b) The rate of assessment for said one of the following conditions: for the 1978-79 fiscal period, to be col- year payable by each handler in ac- (1) It Is not Issued or delivered in the lected from handlers to support activi- cordance with § 922.41 is fixed at $1 form and manner prescribed. ties of the committees which locally per ton of apricots. (2) Any entry is omitted or is incor- administer the Federal marketing orders covering peaches, apricots, and rect. sweet cherries grown in designated PART 923-SWEET CHERRIES GROWN (3) It is lost, destroyed, stolen, or be- counties in Washington, and prunes IN DESIGNATED COUNTIES IN comes illegible. grown in designated counties in Wash- WASHINGTON (4) An erasure of alteration has been ington and in Umatilla County, Oreg. made and not initialed by the county DATES: Effective April 1, 1978, 1VIWr,u NG ORDR 923 executle director. through March 31, 1979. (b) Validating invalid cards. If a §923.218 Expenses and rate of asses3- FOR FURTHER INFORMATION ment. marketing card is invalid because an CONTACT: entry is not made as r6quired, the (a)-Expenses that are reasonable and farm operator or other producer shall Charles R. Brader, 202-447-6393. likely to be incurred by the Washing- ton Cherry Marketing Committee return the marketing card to the SUPPLEMENTARY INFORMATION: during fiscal year April 1, 1978, county office. Except for an incorrect Findings.Pursuant to marketing order through March 31, 1979, will amount entry of converted penalty rate the Nos. 921, 922, 923, and 924 (7 CFR to $29,080. marketing card may be made valid by Parts 921, 922, 923, and 924), respectively, regulating the handling of (b) The rate of assessment for said entering data previously omitted or by peaches, apricots, and sweet cherries year payable by each handler In ac- correcting any incorrect data previous- grown in designated counties in Wash- cordance with § 923.41 is fixed at $0.80 ly entered. The county executive di- ington,-and prunes grown in designat- per ton of sweet cherries. rector shall initial each correction ed counties in Washington and in made on the marketing card.- An in- Umatilla County, Oreg., effective valid card, if not validated shall be under the Agricultural Marketing PART 924-PRUNES GROWN IN DES- canceled and a replacement card shall Agreement Act of 1937, as amended (7 IGNATED COUNTIES IN WASHING- be Issued. U.S.C. 601-674), and upon the basis of TON AND IN UMATILLA COUNTY, the recommendations and information OREG. submitted § 729.45 Muisuse of marketing card. by the committees, established under these marketing orders, MARK=nG ORDER 924 Any information which causes a and upon other information, it is member of a State, county, or commu- found that the expenses and rates of § 924.218 Expenses and rate of assess. nity committee, or an employee of the assessment, as hereafter provided, will ment. State or county office to believe that a tend to effectuate the .declared policy (a) Expenses that are reasonable and marketing card Is being misused pur- of the act. likely to be incurred by the Washing- suant to this subpart shall be reported ton-Oregon Fresh Prune Marketing PART 921-PEACHES GROWN IN Committee during fiscal year April 1. immediately by such *person to the 1978, through March 31, 1979, will county or State office. DESIGNATED COUNTIES IN WASH- INGTON amount to $20,606. Signed at Washington, D.C., on June (b) The rate of assessment for said 23, 1978. MTAaRlua ORDER 921 year payable by each handler In accordance with § 924.41 is fixed at $1.20 RAY FTzGERALD, § 921.217 Expenses and rate of assess. per ton of prunes. Administrator Agricultural Sta- meat. bilization and Conservation It is further found that it is imprac- Service. (a) Expenses that are reasonable and ticable and contrary to the public in- likely to be incurred by the Washing- terest to give preliminary notice, CFR Doc. 78-18360 Filed 7-3-78; 8:45 am] ton Fresh Peach Marketing Commit- engage in public rulemaking, and post-

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 28997

pone the effective date until 30 days through June 30, 1979. The notice al- more than one percent, by count, of after publication in the FEDEA. Rxc- lowed interested persons until June 22, the cherries in the lot, for cherries af- isnma (5 U.S.C. 553), as the orders re- '1978, to submit written comments per- fected by decay: Prorided,That the 0 quire that the rates of assessment for taining to the proposed amendment. contents of individual packages in the a particular fiscal year shall apply to No such material was submitted. lot are not limited as to the percent- all assessable peaches, apricots, sweet age of defects but the total of the de- cherries, anl prunes handled from the The proposal was recommended by fects of the entire lot shall be within beginning of such year which began the Washington Cherry Marketing the tolerances specified. April 1, 1978. To enable the commit- Committee, established under the tees to meet fiscal obligations which marketing agreement and Order No. (2) At least 95 percent, by count, of are now accruing, approval of the ex- 923 (7 CPR Part 923). This marketing the cherries in the lot shall measure agreement and order regulates the not les than 4%*4 inch in diameter, penses and assessment rates are neces- except as hereinafter provided in para- sary without delay. Handlers and handling of sweet cherries grown in designated counties in Washington graph (b)(2)(1i) of this section and sub- other interested persons were given an paragraph (3) of thlsparraph. opportunity to submit information and is effective under the applicable and views on the expenses and assess- provisions of the Agricultural Market- (3) At least 90 percent, by count, of ment rate at an open meeting of each ing Agreement Act of 1937, as amend- the cherries in any lot of face-packed committee. It is necessary to effectu- ed (7 U.S.C. 601-674). containers or any containers of 20 ate the declared purposes of the act to After consideration of all reletant pounds, net weight, or more shall make these provisions effective as matter presented, including the pro- measure not les than Cl4 inch in di- specified. posals in the notice and other availa- ameter and not more than 5 percent, by count, of such cherries may be les (Sees 1-19,48 Stat 31, as amended (7 U.S.C. ble information, It is hereby found that the following amendment Is in ac- than 4%4 inch in diameter. 601-674).) cordance with this marketing agree- (b) Container. During the period Dated: June 29, 1978. ment and order and will tend to effec- July 14, 1973, through June 30, 1979, tuate the declared policy of the act. no handler shall handle any lot of CHA.LES R. BnAnss, It is further found that good cause cherries, except cherries of the Rai- Deputy Director,Fruit and Vege- exists for not postponing the effective nier, Royal Anne, and similar varieties table Division, Agricultural date of this amendment until 30 days commonly referred to as "light sweet Marketing Servica after publication in the FnmiaL RxG- chdrrles", unless such cherries are in [FR Doe. 78-18502 Filed 7-3-78; 8:45 am] isTER (5 U.S.C. 553) in that: (1) Ship- containers which meet each of the fol- ments of sweet cherries are currently lowing applicable requirements: in progress and this amendment (1) The net weight of the cherries in [3410-021 should be applicable to all shipments any container having a capacity great- made during the season in order to ef- er than that of a container with inside [Cherry Reg. 17, Amdt. 1] fectuate the declared policy of the act; dimensions of 15% by 10,4 by 4 inches (2) the amendment Is the same as that shall not be less than 20 pound,; and specified in the notice to which no ex- all containers of cherries shall contain PART 923--SWEET CHERRIES GROWN ceptions were filed; (3) the regulatory at leAt 12 pounds, net weight, of cher- IN DESIGNATED COUNTIES IN provisions are the same as those cur- ries. WASHINGTON rently in effect; and (4) compliance (2) Subject to the provisions of sub- with this amendment will not require divisions (i) and (i) of this subpara- Grade, Size, and Container any special preparation on the part of graph, shipments of cherries may be the persons subject thereto which Requirements handled in such experimental contain- cannot be completed by the effective ers as have been approved by the AGENCY: Agricultural Marketing time hereoL Washington Cherry Marketing Com- Service, USDA. The provisions of § 923.317 Cherry mittee: regulation 14 (43 FR 218G7) are hereby (i) All shipments handled in such ACTION: Final rule. amended to read as follows: containers shall be under the superri- SUMMARY: This amendment contin- § 923.317 Cherry regulation 17. slon of the committee; and ues through June 30, 1979, the current Order. (a) Grade (1) At least 90 percent, by count, of minimum grade, size, and container re- and sizes. During the cherries in any lot of such contain- quirements on the handling of sweet the period July 14, 1978, through June ems sbll measure not less than 5 1" cherries grown in designated counties 30, 1979, no handler shall handle, inch in diameter, and not more than 5 in Washington. The amendment takes except as otherwise provided in paragraphs (b) and (c) of this section, any percent, by count, of such cherries into consideration the marketing situ- may be lezs than 414 inch in diameter. ation facing the Washington sweet lot of cherries, except cherries of the cherry industry and is necessary to Rainier, Royal Anne, and similar var- (c) Exceptions. Notwithstanding any provide for orderly marketing in the ieties commonly referred to as "light other provisons of this section, any in- interest of producers and consumers. sweet cherries," unless such cherries dividual shipment of cherries which meet each of the following applicable meets each of the following require- EFFECTIVE DATES: July 14, 1978, requirements: ments may be handled without regard through June 30, 1979. (1) Washington No. 1 grade except to the provisions of paragraph (a) and that the following tolerances, by (b) of this section, and of §§ 923.41 and FOR FURTHER INFORMATION 923.55 of this part: CONTACT. count, of the cherries in the lot shall apply in lieu of the tolerances for de- (1) The shipment consists of cherries Charles R. Brader, 202-447-6393. fects provided in the Washington sold for home use and not for resale; State Standards for Grades of Sweet (2) The shipment does not, in the ag- SUPPLEMENTARY INFORMATION: Cherries: gregate, exceed 100 pounds, net Cherry regulation 17 was published in (i) A total of 10 percent for defects weight, of cherries; and the FnmERAL REGISTER on May 22, 1978 including in this amount not more (3) Each container is stamped or (43 FR 21867). On May 31, 1978, a pro- than 5 percent, by count, of the cher- marked with the words "not for posal was issued (43 FR 23585) to ries in the lot, for serious damage, and res-ale" in letters at least one-half inch extend the regulatory provisions including in this latter amount not in height.

FEDERAL REGISTER, VOL 43, NO. 129--WDNESDAY, JULY 5, 1978 28998 RULES AND REGULATIONS

(d) Definitions. When used herein, (2) Equipment and spaare parts for tions, Inc.; Vipro, Inc.; Compulex Pro- "Washington No. 1" and "diametdr" permanent use on a vess el may be ex- grams, Inc.; and Wallace Games, Inc. shall have the same meaning as when ported for use on board a vessel of any DATE: The temporary exemption for used in the Washington State Stand- registry, except a vessel registered in marketers and users of supermarket ards for Grades of Sweet Cherries Country Group Q, W, Y, or Z, or games is effective Immediately July 5, (Order 1550, effective April 29, 1978, owned or controlled by, or under 1978. WAC 16-414-050); "face-packed" charter or lease to any of these coun- means that cherries in the top layer in tries or their nationals, when neces- FOR A RT ER iTFORMATION any container are so placed that the sary for the proper openation of such CONTACT. stem ends are pointing downward vessel. Notwithstanding the above, Chuck Shepherd, Special Assistant toward the bottom of the container, equipment and spare parts for perma- to the Director, Bureau of Consumer and all other terms shall have the nent use on a vessel, whLen necessary Protection, Federal Trade CommAa- same meaning as when used in the for the proper operatiion of such slon, Room 484, 6th and Pennsylva- amended marketing agreement and vessel, may be exportedt on board a nia Avenue NW., Washington, D.C. order. vessel registered in, onreed or con- 20580, 202-523-3868. (Sees. 1-19.48 Stat. 31, as amended (7 U.S.C. trolled by, or under charter or lease to SUPPLEMENTARY INFORMATION: 601-674).) a country in Country Giroup Q, W or On August 19, 1969, the Federal Trade Y, or a national of such country, if the Commission published at 34 FR 13302 Dated: June 29, 1978, to become ef- equipment or spare partdare author- the trade regulation rule relating to fective July 14, 1978. ized to be exported to a lestinaton in games of chance in the food retailing CHARLEs R. BRADE,- Country Group Q, W, or Y under Gen- and gasoline industries. The Commis- Deputy Director,Fruit and Vege- eral License G-DEST. In addition, sion believes that It Is In the public In. table Division, Agricultural other equipment and services for nec- terest to grant a temporary exemption Marketing Service. essary repair to fishing and fishery from the operation of paragraph () of IFR Doec. 78-18507 filed 7-3-78; 8:45 sin support vessels of QWY countries or the trade regulation rule relating to Cuba may be exported for use on games of chance in the food retailing board such vessels when admitted Into and gasoline industries to permit all [3510-25] the United States under governing in- marketers and users of supermarket ternatlonal fishery agree nents. games to begin new games thirty (30) Title 15-Commerce and foreign' days after the completion of preceding Trade * * * * * games. The exemption will remain ef- (Sec. 4 Pub. L. 91-184, 83 Stat. 842 (50 fective pending Commission review of CHAPTER Ill-INDUSTRY AND TRADE U.S.C. App. 2403), as amend.ed; E.O. 12002, the trade regulation rule relating to ADMINISTRATION, DEPARTMENT 42 FR 35623 (1977); Depart nent Organiza- games of chance and pending determl- OF COMMERCE tion Order 10-3, dated Decen aber 4, 1977, 42 nation of whether the rule should be FR 64721 .(1977); and Inds stry and Trade amended, PART 371-GENERAL LICENSES Administration Organization and Function The Commission haS prevously Order 45-1, dated December 4, 1977, 42 FR granted a one-time exemption from 64716 (1977).) Correction of General License Ship the rule to FNK Enterprises, 43 FR Dated: June Stores 27, 1978. 25336 (June 12, 1978). The Commis- STA LEY J. M[ cuss, sion has subsequently received several AGENCY: Office of Export Adminis- Deputy AssistantSecretary other requests for similar exemptions tration, Bureau of Trade Regulation, for TradeRegulation. or temporary suspension of §419.1(f) U.S. Department of Commerce. by competitors of FNK Enterprises, (FR Dec. 78-18654 Filed 1- 3-78; 8:45 am] seeking to ACTION: Final rule. be placed upon an equal footing. Petitioners include Glendin. SUMMARY: On December 30, 1977 ning Co. of Connecticut, Inc; TeleCom (42 FR 65142) regulations relating to [6750-01] Productions, Inc.; Vipro, Inc.: Compu- general license ship stores were revised Title 16-Commercial Practices lex Programs, Inc.; and Wbllace to include provisions relating to the Games, Inc. The Commission finds servicing of fishing and fishery sup- CHAPTER I-FEDERA L TRADE that more than a 30-day "hiatus" port vessels. Certain existing provi- period between games Is not required sions relating to commodities author- COMMISSIO to eliminate confusion and deception ized for. export under General License in the consecutive use of games by G-DEST *were Inadvertently omitted. PART 419-GAMES OF CHANCE IN marketers of supermarket games or This document amends the regula- THE FOOD RETAILING AND GASO- their users, and accordingly, granting tions to restore the omitted provisions. LINE INDUSTRIES of the temporary exemption to all EFFECTIVE DATE: July 5,1978. such marketers would be appropriate FOR FURTHER INFORMATION -Petitions for an Exempti on From the- pending Commission review of para- Operations of Hiatus Provision graph (f) of the trade regulation rule CONTACT: to determine whether It should be Mr. Charles C. Swanson, Director, AGENCY: Federal Trade Commission. modified. The Commission has also de- Operations Division, Office of ACTION: Granting of pettitions for ex- termined that It would be Impractica- Export Administration, U.S. Depart- ble for It to publish notice of proposd ment of Commerce, Washington,. emption from regulation. rulemaking and to receive comment on D.C. 20230, telephone 202-377-4196. SUMMARY: Temporary exemption is the grant of the exemption in accord. SUPPLEMENTARY INFORMATION: granted from the operation of para- ance with 5 U.S.C. section 553 (b) and Accordingly, § 371.9 of the Export Ad- graph (f) of the trade reegulation rule (c) because to do so would require the ministration Regulations (15 CFR relating to games of el ance in the companies involved to sustain the very § 371.9) is amended to read as follows: food retailing and gasoline industries, delay and competitive injury from This action is taken in reesponse to pe- which they seek relief. Moreover, titions for exemption submitted to the there is no need to delay the effective § 371.9 General License Ship Stores. Commission from Glend inning Co. of date of the exemption. (5 U.S.C. sec- (a)* * * Connecticut, Inc.; TelelCom Produc- tion 553(d).) All requests for exeinp-

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 28999

tion that have been received by the The present rules of practice do not distin- [4810-31] Commission will be available for gulsh, for purposes of venue, between the public inspection in the public refer- different types of cases we have. No line Is Title 27-Alcohol, Tobacco Products ence room, drawn between regulatory proceedings. on and Firearms room 130, Federal Trade the one hand, and disciplinary proceedings, Commission, 6th and Pennsylvania on the other hand. To the extent that the Avenue NW. Washington, D.C. 20580. differences are significant, It appears dslr- CHAPTER I--BUREAU OF ALCOHOL, By direction of the Commission able that such distinctions be made In our TOBACCO, AND FIREARMS, DE- dated June 28, 1978. rules or practice. This would give otir ad- mintstrative law Judges and the bar guid- PARTMENT OF THE TREASURY THoMAs. CAROL M. ance 3 n the area which they do not now LT.D. ATF-51; Correction] Secretary. have. EFR Doc. 78-18473 Filed 7-3-78; 8:45 am] The Commission has determined to PART 201-DISTILLED SPIRiTS PLANTS amend Its rules of practice so as to dis- tinguish between the two types of pro- PART 252-EXPORTATION OF [8010-011 ceedings and to provide that Its regula- LIQUORS Title 17-Commodity and Securities tory proceedings normally should be conducted in Washington. Such a Implementation of Statutory Changes Exchanges practice makes the most of the Com- mission's limited resources by elimi- Made by Public Law 95-176; Cor- CHAPTER Il-SECURITIES AND nating the loss of staff time In travel redion EXCHANGE COMMISSION and enabling the staff to continue working on other matters while dis- AGENCY: Bureau of Alcohol, Tobac- Release Nos. 33-5939; 34-14897; 35-20602; charging its responsibilities in a partic- co, and Firearms, Treasury. 39-508; IC-10291; IA-6311 ular regulatory proceeding. ACTION: Final rule; correction. PART 201-RULES OF PRACTICE Accordingly, the Commission hereby SUMIARY: This document corrects amends 17 CFR 201.6 by revising the technical errors to a final rule (T.D. Proceedings and Hearings first sentence of paragraph (b) to read ATF-51) which made certain miscella- as follows: AGENCY: Securities neous changes implementing Pub. L. and Exchange 95-176 relating to Distilled Spirits. Commission. §201.6 Notice of proceedings and hear- The final rule was published as FR ACTION: Final rule. ings. Doc. 78-15499, at 43 FR 24232-24245 in SUMIMARY: The Commission is the edition of June 2,1978. amending its rules of practice to speci- EFFECTIVE DATE: June 2,1978. fy that hearings in regulatory proceed- (b) Notice of hearing; service of ings normally be conducted in Wash- .notice The time and place for any FOR F'URTHER INFORMATION ington, D.C. This amendment will pro- hearing in a proceeding shall be fixed CONTACT. vide the bar and the Commission's ad- with due regard for the public Interest John A. Ilnthlcum, Specialist, Pro- ministrative law judges with guidance and the convenience and necessity of cedures Branch, Regulations and with respect to venue in regulatory the parties, the participants, or their Procedures Division (Regulatory En- proceedings. Previously, there had representatives. It is the policy of the forcement), Bureau of Alcohol, To- been no distinction in the rules con- Commission that In a proceeding bacco, and Firearms, 1200 Pennsyl- cerning the typical venue for r.gula- under any provision of the Public Util- vania Avenue NW., Washington. tory proceedings as distinguished from ity Holding Company Act of 1935, the D.C. 20226, 202-566-7602. disciplinary proceedings. Investment Company Act of 1940 (except section 9(b) thereof), section SUPPLEMENTARY INFORMATION: EFFECTIVE DATE: Immediately. 1. In the first sentence of 206A of the Investment Advisers Act §201.393(d), replace the words "this FOR FURTHER INFORMATION: of 1940, section 8 of the Securities Act paragraph" with the words "para- Alan Rosenblat, Assistant General of 1933, or sections 305 or 307 of the graph (c)of this section. Counsel, Office of the General Trust Indenture Act of 1939, the hear- 2. In the second ing should normally be held In Wash- sentence of Counsel. Securities and Exchange D.C. * * 0 §201.587(c), replace the word "pre- Commission, 500 North Capitol ington. Street, Washington, D.C. 20549, 202- (15 U.S.C. 71'u. l77ttt. 78v, 79s, 80a-40, 80b- ATF officer." 755-1198. 12). 3. In § 2-52.62(b) the words "and de- SUPPLEMENTARY INFORMATION: posit in" and "deposit!" were uninten- Recently, the Commission affirmed S. . . tlonally omitted. Therefore, the third the grant by an administrative law sentence of § 252.62(b) should read: judge of a request for a change of The ComnmissIon finds that the fore- "Distilled spirits and wines withdrawn venue in a proceeding, conducted pur- going actto n relates solely to rules of for exportation, use on vessels or air- suant to the Investment Company Act agency proi edure or practice and, ac- craft, or for transfer to and deposit in of 1940, in which an exemption from cordingly, that notice and prior pubi- a foreign-trade zone, or distilled spirits the Investment cation for c:omment under the Admin- withdrawn for transfer to a customs Company Act was ocedure Act, 5 U.S.C. 551 et bonded warehouse shall remain unac- being sought.' At that time, the Com- istrative Pr counted for until the evidence of ex- mission noted that its "rules of prac- seq., are Iinnecessary. See 5 U.S.C. portation, use, deposit, transfer, or tice give no specific guidance in such a 553(b). 2 loss in transit has been filed with the situation." Moreover, the Commission By the Coimmission. regional regulatory administrator." stated: 3EOaGE A. FITum oNs, 4. TM). ATF-51 redesignated Secretary. §§201.584a, 201.585 and 201.586 as "rhe Vanguard Group. Inc.", Investment JuNE 27, 1.978. §§ 201.585. 201.586 and 201.587. respec- Company Act Release No. 10016 (Nov. 18, tively. T.D. ATF-51 also deleted 1977), 13 SEC Docket 903 (Dec. 6. 1977). EFR Doe. 7 8-18482 Filed 7-3-78: 8:45 am] § 201.631a, as obsolete. In preparing 2 1I., 13 SEC Docket at 904 (footnote omlt- the final rule, we neglected to make ted). 31d., 13 SE( CDocket at 904. n. 3. conforming changes in three sections

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29000 RULES AND REGULATIONS

of Part 201 which refer to the former This document was prepared under of Veterans Benefits, Veterans Ad. section numbers of the redesignated the direction and control of Xavier M. ministration, 810 Vermont Avenue sections. Similarly, we did not make a Vela, Administrator, Wage and Hour NW., Washington, D.C. 20420, 202- conforming change in a reference to Division. 389-3042. the obsolete § 201.631a. No notice or public hearing is re- The follpwing four amendments to quired as this change merely corrects SUPPLEMENTARY INFORMATION: part 201, correct these omissions: a typographical error. The Administrator Is required to es- As amended, § 519.2(f) of part 519, tablish a maximum interest rate for § 201.272 [Amended] title 29, code of Federal Regulations loans guaranteed, insured, or made by Amend § 201.272 to change a regula- reads as follows: *the Veterans Administration as he tory reference from "§ 201.584a" to finds the mortgage money market de- "§ 201.585". § 519.2 Definitions mands. Recent market indicators--in- eluding the rate of discount charged § 201.352 [Amended] by lenders on VA and Federal Housing Amend § 201.352 to change a regula- (f) Emploiier. Section 519.4 permits Administration loans, the general in- tory reference from "§ 201.586" to an agricultural or retail or service es- crease in interest rates charged by "§ 201.587". tablishment employer to employ not lenders on conventional loans, and the more than six * * . results of the biweekly Federal Na- § 201.394 [Amended] tional Mortgage Association auctions-- (Sees. 11, 14, 52 Stat. 1068: sec. 11, 75 Stat. have shown that the mortgage Amend § 201.394 to change two regu- 74; sees. 501, 602, 80 Stat. 843, 844 (29 U.S.C. money latory references from "§ 201.585" to 211, 214.).) market has become more restrictive. "§ 201.586". The maximum rate in effect for VA Signed at Washington, D.C., this 23d guaranteed loans has not been suffi- § 201.612 [Amended] day of June 1978. ciently competitive to induce private Amend § 201.612 to change a regula- XAVIER M. VELA, sector lenders to make VA guaranteed tory reference from "§§ 201.631a- Administrator, Wage and Hour or insured loans without imposing sub- 201.634" to "§§ 201.633-201.634". .Division, U.S. Department of stantial discounts. To assure a continuing supply of funds for home Signed: June 28, 1978. Labor. [FR Doc. 78-18344 Filed 7-3-78; 8:45 am] mortgages through the VA loan guar- REx D. DAvis, anty program It has been determined .Director. that an increase in the maximum per- [FR Doc. 78-18480 Filed 7-3-78; 8:45 aml [8320-01] missible rate is necessary. The In- creased return to the lender will make Title 38-Pensions, Bonuses, and VA loans competitive with other avail- [4510-27] Veterans' Relief able investments and assure a continuing supply of funds for guaranteed Title 29-Labor CHAPTER I-VETERANS and insured mortgages. ADMINISTRATION At present no change is being made CHAPTER V-WAGE AND HOUR in the maximum interest rate applica- DIVISION, DEPARTMENT OF LABOR PART 36-LOAN GUARANTY ble to the mobile home loan program except as to loans to purchase mobile Increase in Maximum PART 519-EMPLOYMENT OF FULL- Permissible In- home lots. The lender's return on terest TIME STUDENTS AT SUBMINIMUM Rate on.New, Guaranteed, mobile home unit loans appears com- Insured, and Direct Loans petitive with other forms of consumer WAGES financing to which this type of loan Is' Correction of Typographical Error AGENCY: Veterans Administration. comparable, and no change In rate is ACTION: Final Regulations. -justified at this time. AGENCY: Employment Standards Ad- However, a loan to purchase a ministration, Labor. SUMMARY: The VA (Veterans Ad- ministration) is increasing the maxi- mobile home lot is similar to other ACTION: Correction of final rule. mum interest rate on guaranteed, in- real estate loans and for the purpose SUMMARY: This document corrects sured, and direct loans for new homes of assuring a continuing supply of an erroneous cross reference due to a and condominiums. The interest rate funds and consistency with other real typographical error which appeared in is also increased on loans for the pur- estate programs, the rate on these a November 1977 amendment regard- chase of a mobile home lot or for site loans Is also being increased. ing employment of full-time students. preparation over $2,500 on a lot previ- The increase In the maximum Inter- The amendment was published on No- ously acquired by a veteran. The maxi- est rate is accomplished by amending vember 11, 1977, at 42 FR 58744. mum interest rate is increased because §§36.4212(a) (2) and (3), 36.4311(a), the former interest rate was not suffi- and 36.4503(a), Title 38, Code of Fed- EFFECTIVE DATE: This document is ciently competitive to induce private eral Regulations. Compliance with the effective June 30, 1978. sector lenders to make VA guaranteed procedure for publication of proposed FOR FURTHER INFORMATION or insured loans without imposing sub- regulations prior to final adoption is CONTACT: stantial discounts. The increase in the waived' because compliance would interest rate will assure a continuing cn'eate an acute shortage of mortgage Arthur H. Korn, Director, Division supply of funds for home mortgages; funds pending the final date which of Special Minimum Wages, Wage thereby allowing veterans to and Hour purchase would necessarily be more than 30 Division, U.S. Department a home with the assistance of a no days after publication In propoed of Labor, 200 Constitution Avenue downpayment VA loan. form. NW., Room C-4316, Washington, D.C. 20210, 202-523-8727. EFECTIVE DATE: June 29, 1978. Approved: June 28, 1978. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION MAX CLMAND, As originally written, § 519.2 made ref- CONTACT: Administrator. erence to § 514.4 This document cor- Mr. George D. Moerman, Loan 1. In § 36.4212, paragraph (a) (2) and rects that to read § 519.4. Guaranty Service (264), Department (3) is revised to read as follows:

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 29001 § 36.4212 Interest rates and late charges. [E820-23] (a) The interest rate charged the [6560-01] borrower on a loan guaranteed pursu- Title 41-Public Contrads and ant to 38 U.S.C. 1819 may not exceed Title 40-Protection of Environment Property Management the following maxima except on loans guaranteed or insured pursuant to CHAPTER I-ENVIRONMENTAL CHAPTER 101-FEDERAL PROPERTY guaranty or insurance commitments PROTECTION AGENCY MANAGEMENT REGULATIONS issued by the Veterans Administration prior to June 29, 1978. (38 U.S.C. SUBCHAPTER R-TOXIC SUBSTANCES SUKCHAPM D-PUBUC BU1LMGS AND 1819(f).) CONTROL ACT SPACE [FRL 922-31 [FPMR Amdt. D-67] PART 101-20-MANAGEMENT OF (2) 9% percent simple interest per PART 712-REPORTING REQUIRE- annum for that portion of the loan BUILDINGS AND GROUNDS which finances the purchase of a lot MENTS FOR MANUFACTURERS and the cost of necessary site prepara- AND PROCESSORS OF FULLY HA- Revision of Buildings Rules and tion, if any. LOGENATED CHLOROFLUOROAL- Regulations (3) 9 percent simple interest per KANES annum on that portion of a loan AGENCY: General Services Adminis- which will finance the cost of the site PART 762-FULLY HALOGENATED tration. preparation necessary to make a lot ACTION: Final rule. owned by the veteran acceptable as CHLOROFLUOROALKANES the site for the mobile home pur- SUMMARY: This regulation provides chased with the proceeds of the loan Final Rules; Corredion revised policies and procedures con- except that a rate of not to exceed 12 AGENCY: Environmental Protection cerning conduct on Federal property. pdrcent may be charged if the portion Agency. These changes are necessary to clarify of the loan to pay for the cost of such responsibilities and eliminate uncer- necessary site preparation does not ACTION: Rule, correction. tainty. The regulation is intended to exceed $2,500. SI"TMTMARVW O~n NThrph 1'?_ 1Q7R. thp make sure that Federal employees un- Environmental Protection Agency derstand the buildings rules and regu- * * * * (EPA) promulgated a rule (43 FR lations. 2. In §36 .4311, paragraph (a) is re- 11318) which would prohibit almost all EFFECTIVE DATE: July 5,1978. vised to rea i as follows: of the manufacture, processing, and FOR FURTHER INFORMATION distribution in commerce of fully halo- CONTACT. §36.4311 Interest rates. genated chorofluoroalkanes for those (a) Excel ting loans guaranteed or aerosol propellant uses which are sub- Randolph Lash. Acting Director, insured pussuant to guaranty or insur- ject to the Toxic Substances Control Training and Education Division. ance comm.itments issued by the Vet- Act (TSCA), 15 U.S.C. 2601 et seq. Office of Federal Protective Service erans Admi nistration which specify an This correction changes the title of Management, Public Buildings Serv- interest ra te in excess of 9 per Part 712. Ice, General Services Administration. centum per annum, effective June 29, Washington. D.C. 20405 (202-566- 1978, the interest rate on any loan EFFECTIVE DATE: July 5.1978. 0340). guaranteed or insured wholly or in FOR INFORMTATION CONTACT. SUPPLEMENTARY INFORMLATION: part on or after such d ate may not James D. Silverman, Office of Toxic }er annun On March 30, 1976. there was pub- exceed 9 per centum pbalance. (38on Substances (TS-794), Environmental lished in the F ERAL RExcsTE (41 FR the unpai d principal Protection Agency, 401 M Street 13378) a notice of proposed rulemak- U.S.C. 1803 (c)(1).) SW., Washington, D.C. 20460, 202- Ing which involved substantive , changes in several buildings rules and * 755-0920. regulations. Interested parties were 3. In § 36.4503, paragraph (a) is re- In order to comply with FEim-AL given an opportunity to submit, not vised to read as follows: REGISTER format requirements 40 CFR later than June 1, 1976, data, views, or Parts 712, 762 (43 FR 11318, March 17, objections regarding the proposed re- § 36.4503 Amount and amortization. 1978) is amended as follows: visions. All comments with respect to (a) The original principal amount of (1) Delete: "PARTS 712, 762- the proposed revision were given due any loan made on or after October 1, FULLY HALOGENATED CELORO- consideration. 1976, shall not exceed an amount FLUOROALKANES" as found on 43 Of the comments received, only one which bears the same ratio to $33,000 FR 11318. comment recommended an additional as the amount of the guaranty to (2) Add in place of the line deleted: revision. This recommendation pro- which the veteran is entitled under 38 PART 762-FULLY HALOGENATED posed prohibiting smoking in all public U.S.C. 1810 at the time the loan is CHLOROFLUOROALKANES buildings with the exceptions of smok- made bears to $17,500. This limitation PART 712-REPORTING REQUIRE- ing lounges, specially assigned cafete- shall not preclude the making of ad- MENTS FOR MANUFACTURERS ria smoking areas, and office spaces vances, otherwise proper, subsequent AND PROCESSORS OF FULLY where all employees are smokers. To to the making of the loan pursuant to HALO GENATED CHLOROFLUOR- Inform the public of this policy, the the provisions of § 36.4511. Loans OALKANES recommendation also proposed the posting of signs designating public made by the Veterans Administration Dated: June 29, 1978. shall bear interest at the rate of 9 building space as either smoking or percent per annum. (38 U.S.C. ST-Evx D. JrLwua, nonsmoking areas. 1811(d)(1).) AssistantAdministrator, After considering this recommenda- Office of Toxic Substances. tion, it has been determined that non- * * t * FR Doc 78-18508 Filed 7-3-78: smoking areas are currently used in 8:45 am] public building space such as in eleva- EFR Dom. 78-18474 Filed 7-3-78; 8:45 am] tors, sections of cafeterias, and other

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29002 RULES AND REGULATIONS appropriate building space. Since con- official to effect a security alert at a fluence of alcoholic beverages, narcot- formity with these prohibitory and di- facility. Any such action shall be co- ic drugs, hallucinogens, marihuana, rectory signs is covered by § 101-20.304 ordinated with the designated official. barbiturates, or amphetamines, Is proof this regulation, an additional pro- The designated official is the highest hibited. Entering upon tile property, hibitory regulation is not considered ranking official of the primary occu- or while on the property, under the in- necessary. pant agency or an alternate high rank- fluence of or using or possessing any Therefore, the proposed building ing official designated in advance by narcotic drug, hallucinogen, marlhua- rules and regulations are hereby agreement of occupant agency offi- na, barbiturate, or amphetamine is adopted without substantive change cials. When property is closed to the prohibited. This prohibition shall not and are set forth below. public, admission to such property will apply in cases where the drug is being The table of contents for part 101-20 be restricted to authorized persons used as prescribed for a patient by a Is amended to revise the following en- who shall sign the building register physician. Entering upon the proper- tries: and display Government or other ty, or being on the property, under the identifying credentials when requested influence of alcoholic beverages is pro- See., to do so by Federal protective officers hibited. The use of alcoholic beverages 101-20.301 Inspection. or other authorized individuals. Entry on property Is prohibited except, upon 101-20.302 Admission to property. upon property in violation of any of 101-20.303 Preservation of property. the above applicable provisions is pro- occasions and on property upon which 101-20.304 Conformity with signs and di- hibited. the Administrator of General Services rections. or the Regional Administrator of the 101-20.305 Disturbances. § 101-20.303 Preservation of property. General Services Administration has 101-20.306 Gambling. on for appropriate official uses granted 101-20.307 Alcoholic beverages and narcot- The improper disposal of rubbish an exemption in writing. ics. property; the willful destruction of or 101-20.308 Soliciting, vending, and debt damage to property; the theft of prop- § 101-20.308 Soliciting, vending, and debt collection. erty; the creation of any hazard on collection. 101-20.309 Distribution of handbills. property to persons or things; the 101-20.310 Photographs for news, advertis- throwing of articles of any kind from Soliciting alms and contributions, ing, or commercial purposes. or at a building; or the climbing upon commercial soliciting and vending of 101-20.311 Dogs and other animals. statues, roof, or any part of the build- all kinds, displaying or distributing 101-20.312 Vehicular and pedestrian traf- ing, is prohibited. commercial advertising, or collecting fic. private debts in or on GSA-controlled 101-20.313 Weapons and explosives.. 8101-20.304 Conformity with signs and property is prohibited. This rule does 101-20.314 Nondiscrimination. directions. not apply to (a) national or local 101-20.315 Penalties and other laws. Persons in and on property shall at drives for funds for welfare, health, or Subpart 101-20.3-Conduct on all times comply with official signs of other purposes as authorized by the Federal Property a prohibitory, regulatory, or directory "Manual on Fund Raising Within the nature and with the direction of Fed- Federal Service" issued by the U.S. Sections 101-20.301 through 101- eral protective officers and other au- Civil Service Commission under Ex- 20.314 are revised and § 101-20.315 is thorized individuals. ecutive Order 10927 of March 18, 1061, added as follows: and sponsored or approved by the oc- § 101-20.305 Disturbances. cupant agencies; (b) concessions or § 101-20.301 Inspection. Any unwarranted loitering, disorder. personal notices posted by employees Packages, briefcases, and other con- ly conduct, or other conduct on prop- on authorized bulletin boards; and (a) tainers brought into, while on, or erty which creates loud or unusual solicitation of labor organization mem- being removed from the property are noise or a nuisance; which unreason- bership or dues authorized by occu- subject to inspection. A full search of ably obstructs the usual use of en- pant agencies under Executive Order a person may accompany an arrest. trances, foyers, lobbies, corridors, of- 11491 of October 29, 1969, as amended. fices, elevators, stairways, or parking § 101-20.302 Admission to property. lots; which otherwise impedes or dis- § 101-20.309 Distribution of handbills. Property shall be closed to the rupts the performance of official Posting or affixing materials such as public during other than normal work duties by Government employees; or pamphlets, handbills, or flyers on bul- which prevents the general public letin boards or elsewhere on property hours. The closing of property will not from obtaining the administrative ser- apply to that space and in those in- vices provided on the property in a is prohibited, except as authorized in stances where the Government has ap- timely manner, is prohibited. § 101-20.308 or when such displays are proved the after normal working hour conducted as part of authorized Gov- use of building or other property space § 101-20.306 Gambling. ernment activities. Distribution of materials such as pamphlets, handbills, for commercial, cultural, educational, Participating in games for money or and recreational activities as author- other personal property or the operat- or flyers is prohibited, except in those ized by the Cooperative Use Act of ing of gambling devices, the conduct of areas of the property open to the 1976 (Pub. L.'94-541). During normal a lottery or pool, or the selling or pur- public such as entrances, lobbies, and work hours, property shall be closed to chasing of numbers tickets, in or on open corridors, unless conducted as the public only when situations re- property is prohibited. This prohibi- part of authorized Government activi- quire such action to insure the orderly tion shall not apply to the vending or ties. The buildings manager or his rep- conduct of Government business. The exchange of chances by licensed blind resentative shall be advised in advance decision to close the property shall be operators of vending facilities for any of the proposed distribution in public made by the designated official under lottery set forth in a State law and areas, but he shall not exercise control the Facility Self-Protection Plan after conducted by an agency of a State as over the content of the material. consultation with the buildings man- authorized by section 2(a)(5) of the ager and the ranking representative of Randolph-Sheppard Act (20 U.S.C. § 101-20.310 Photographs for news, adver. the Federal Protective Service respon- 107, et seq.) tising, or commercial purposes. sible for protection of the facility or Photographs may be taken in space the area. This requirement does not § 101-20.307 Alcoholic beverages and nar. occupied by a tenant agency only with preempt the authority of the Regional cotics. the consent of the occupying agency Director, Federal Protective Service Operating a motor vehicle while on concerned. Except where security reg- Division, or any other authorized GSA the property by a person under the in- ulations apply or a Federal court order

S. FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 29003 or rule prohibits it, photographs for § 101-20.313 Penalties and other laws. needed equipment available for reas- news purposes may be taken in en- Whoever shall be found guilty of signment and the establishment of trances, lobbies, foyers, corridors, or violating any rule or regulation In this equipment pools to foster the sharing auditoriums when used for public subpart 101-20.3 while on any proper- of equipment. meetings. Subject to the foregoing ty under the charge and control of Foilowup surveys conducted to prohibitions, photographs for advertis- GSA is subject to a fine of not more measure efficiency in Federal labora- ing arid commercial purposes may be than $50 or imprisonment of not more tory equipment utilization led the taken only with written permission of than 30 days, or both. (See 40 U.S.C. General Accounting Office (GAO) to an authorized official of the agency 318c.) Nothing in these rules and regu- conclude that the controls referenced occupying the space where the photo- lations shall be construed to abrogate above are not generally being em- graphs are to be taken. any other Federal laws or regulations ployed in Federal laboratories or are or any State and local laws and regula- not being employed effectively. In a § 101-20.311 Dogs and other animals. tions applicable to any area in which report to the Congrezs entitled "More Dogs and other animals, except the property is situated. Improvement Needed in Equipment seeing eye dogs or other guide dogs, Management Practices in Government shall not be brought upon property (Sec. 205(c). 63 Stat 390: (40 U.S.C. 4Crtc)).) Laboratories" (PSAD-76-37), the for other than official purposes. Dated: June 20, 1978. Comptroller General of the United JAY SOLOMON, States recommended specific addition- § 101-20.312 Vehicular and pedestrian al controls for incorporation into the traffic. Administrator,Generaml Service. (FR Doe. 78-18437 Filed 7-3-78; 8:45 am] FPMR to strengthen the management (a) Drivers of all vehicles entering or practices currently prescribed. In while on property shall drive in a care- brief, these additional controls includ- -ful and safe manner at all times and [6820-24] ed the following- shall comply with the signals and di- a. The es-tablishment of teams of top rections of Federal protective officers SUBCHAPTER E-SUPPLY AND PROCUREMENT management and scientific personnel or other authorized individuals and all to conduct laboratory walk-throughs posted traffic signs; EFPMR Arndt. E-2243 and report their findings to the (b) The blocking of entrances, drive- PART 101-25--GENERAL agency head; ways, walks, loading platforms, or fire b. The establishment of equipment hydrants on property is prohibited; Subpart 101-25.1-General Policies pools in laboratories or the submission- and In writing to the agency head of the (c) Except in emergencies, parking LABORATORY AND RESEARCH EQUI'MEN.T reasons why a pool is not needed; on property is not allowed without a MALNAGEZENT c. The preparation of an annual permit. Parking without authority, report for submission to the agency parking in unauthorized locations or AGENCY: General Services AdminL- head concerning the use and effective- in locations reserved for other persons, tration. nezs of the pooling of cquipment; and or parking contrary to the direction of ACTION: Final rule. d. The periodic independent review posted signs is prohibited. Vehicles' parked in violation, where warning SUMMARY: This rule establishes ad- by each agency of walk-through prac- signs are posted, shall be subject to re- ditional controls to be observed by tices and equipment pool operations to moval at the owners' risk and expense. Federal agencies in the management determine their effectiveness. This paragraph may be supplemented of laboratory and research equipment OCOORDINATION from time to time with the approval of in Federal laboratories. The additional the Regional Administrator by the is- requirements strengthen currently A draft FPM1AR amendment incorpo- suance and posting of such specific prescribed management practices and rating the provisions recommended by traffic directives as may be required, are intended to further promote the GAO was submitted to a limited and when so issued and posted such use of already-owned equipment In- number of interested Federal agencies directives shall have the same force stead of the procurement of similar for review. On the basis of responses and effect as if made a part hereof. new equipment. received from those agencies, the draft amendment was revised to include, Proof that a motor vehicle was parked EFFECTIVE DATE: July 5.1978. in violation of these regulations or dir- among other things, a general defini- ectives may be taken as prima facie FOR FURTHER INFORMATION tion of Federal laboratory and to es- evidence that the registered owner was CONTACT' tablish laboratory size criteria with responsible for the violation. regard to application of the require- Mr. John I. Tait, Director, Regula- ment to establish, or justify the nones- § 101-20.313 Weapons and explosives. tions and Management Control Divl- tablishment of, equipment pools. On sion, Office of the Executive Direc- December 13, 1976, the revised docu- No person entering or while on prop- tor, Federal Supply Service. General erty shall carry or possess firearms, ment was pubished in the FEPAL Services Administration, Washing- REGIsTER (41 FR 54202) as a Notice of other dangerous or deadly weapons. ton, D.C. 20406,7 03-557-1914. explosives, or items intended to be Proposed Rulem- ?:ing. Comments re- .used to fabricate an explosive or incen- SUPPLEMIENTARY INFORMATION: ceived from Federal agencies as the diary device, either openly or con- result of the prior coordination as well cealed, except for official purposes. BACKGROUNI as those in response to the FsDxaAx Controls for use by Federal agencies REisar= notice consistently indicated § 101-20.314 Nondiscrimination. in managing laboratory and research concern with certain of the proposed There shall be no discrimination by equipment in Federal laboratories provisions. segregation or otherwise against any have been prescribed in the Federal DIscussION oF MAJon ISSUES person or persons because of race, Property Management Regulations creed, sex, color, or national origin in (FPMR) since November 1969. These (1) Frequency of inspection tours. furnishing or by refusing to furnish to controls, which are intended to pro- Certain agencies objected to the pro- such person or persons the use of any mote the maximum use of equipment posed requirement to conduct annual facility of a public nature, including already owned instead of the purchase laboratory inspection tours. The re- all services, privileges, accommoda- of similar new equipment, include the spondents argued that yearly walk- tions, and activities provided thereby practice of Inspection tours, or "walk- throughs are not nece-sry at all labo- on the property. throughs," to Identify Idle and un- ratorle and would require an unwar-

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29004 RULES AND REGULATIONS

ranted expenditure of time on the part § 101-25.109 Laboratory and research § 101-25.109-2 Equipment pools. of top management and scientific per- equipment. (a) The provisions of this § 101- sonnel who would be required to per- (a) This section prescribes controls 25.109-2 apply to Federal laboratories form the inspections. More flexibility for use by Federal agencies in manag- which occupy an area of 10,000 square was recommended in order to permit ing laboratory and research equipment feet or more and employ 25 or more agencies to schedule walk-throughs at in Federal laboratories. Agencies may technical or scientific personnel. a frequency determined appropriate establish such additional controls as (b) Equipment pools shall be estab- for each facility. Accordingly, this pro- are appropriate to increase the use of lished in Federal laboratories so that vision has been changed to require already-owned equipment instead of laboratory and research equipment that laboratory inspection tours be procuring similar equipment. can be shared or allocated on a tempo. conducted annually, if feasible, but no (b) The term "Federal laboratory," rary basis to laboratory activities and less than once every 2 years. as used in this section, means any lab- individuals whose average use does not (2) Report of inspection tour find- oratory or laboratory facility in any warrant the assignment of the equip- Government-owned or -leased building ment on a permanent basis. In deter- ings to agency head. Several agencies which is equipped and/or used for sci- mining the number and location of expressed opposition to the proposed entific research, testing, or analysis, equipment pools, consideration shall provision requiring that a report of except clinical laboratories operating be given to economy of operation, mo- findings following each inspection in direct support of Federal health bility of equipment, accessibility to tour be submitted to the agency head. care programs. To the extent practica- users, frequency of use of the equip- The commenting agencies objected to ble, agencies should observe the provi- ment, and impact on research pro- the imposition of an additional report- sions of this section with regard to grams. Pooling operAtions should ing requirement and questioned the commercial laboratories and labora- begin expeditiously, within 120 days, if practicality of usefulness toward the tory facilities which operate under feasible, following decisions regarding achievement of desired results of a contract with the Government and use the number and location of pools. If It high-level, formal report concerning Government-furnished equipment. is determined that an equipment pool operational matters. One agency ob- would not be practical or economical served that, if done properly to serve § 101-25.109-1 Identification of idle equip- or for any other reason is not needed the GAO purpose, the report would re- ment. at a particular laboratory, a written quire time and effort out of propor- (a) The provisions of this § 101- report supporting that determination tion to any resulting improvements. 25.109-1 apply to all Federal laborato- shall be submitted to the agency head The respondents suggested that less ries regardless of size. or his designee. Federal laboratories formal documentation submitted to a (b) Inspection tours of Feder.l labo- which do not meet the size and staff- lower level, directly concerned official ratorieS shallcbe conducted on a sched- ing criteria In § 101-25.109-2(a) should would be more useful in securing the. uled basis, annually, if feasible, but no also establish equipment pools when- necessary remedial action. Therefore, less than every 2 years, for the pur- ever feasible; however, these facilities this provision has been modified to re- pose of identifying idle and unneeded need not submit written reports require that a report of findings follow- laboratory and research equipment. garding determinations not to estab- Following each tour, a report of find- lish pools. ing each scheduled inspection tour be (c) Where the establishment of a submitted, as determined by the ings shall be prepared by the inspection team and, as determined by the physical pool would be economically agency head or his designee, to either agency head or his designee, submit- unfeasible due to excessive transporta- the head of the laboratory or a higher ted to the head of the laboratory or to tion and handling costs, limited per- official having management responsi- a higher agency official having labora- sonnel resources, or limited space, bility for the agency's laboratories. tories management responsibility. pooling may be accomplished by (3) Report on equipment pools. Equipment identified by the inspec- means of equipment listings. Consider- Many agencies took exception to the tion team as idle or unneeded shall be ation should be given to the establish- proposed requirement that an annual reassigned as needed within the labo- ment of a laboratory advisory commit- report concerning the use and effec- ratory, placed in anequipment pool, tee consisting of technical and man- tiveness of equipment pooling be pre- or declared excess and made available agement personnel to determine the pared by each laboratory head and to other agencies in accordance with types of equipment to be shared or submitted to the agency head. As with, part 101-43. pooled and to Identify equipment that the above inspection tour report, the (c) Laboratory inspection teams is no longer required. agencies objected to the mandatory shall be comprised of senior program (1) Equipment pools may also be task of preparing a report which management, property management, used to fill requests for temporary re- would further tax the limited person- and scientific personnel who are famil- placements while permanently as. nel and other resources of the labora- iar with the plans and programs of the signed equipment is being repaired or tories. Furthermore, citing their own laboratory(ies) and who have a knowl- to provide equipment for new labora- current practices, some agencies im- edge of laboratory and research equip- tories pending acquisition of perma- plied that the proposed report would ment utilization. As determined by the nent equipment. duplicate other efforts at monitoring agency head or his designee, members (2) Although specific pieces of labo- and improving pooling operations such of an inspection team shall be appoint- ratory equipment may not be available ed by either the head of the labora- for assignment to equipment pools, as departmental level reviews and field they may office appraisals. Therefore, to provide tory or a higher agency official having be available for sharing or laboratories management responsibili- loan. Information concerning the more flexibility in this matter and to, ty. availability of this equipment can be accommodate any monitoring pro- (d) The agency head or his designee maintained at a central location such grams currently in use by agepcies, shall ensure compliance by responsible as the equipment pools. this provision has been modified to-re- personnel with the requirements of (d) Unless 'determined unn6cessary quire preparation and submission of this § 101-25.109-1 and shall require by the agency head or his designee, the specified report unless the agency that periodic independent reviews of each Federal laboratory operating head or his designee determines that walk-through procedures employed in equipment pools shall prepare and the report is unnecessary. Federal laboratories under his control submit to the agency head or his des- In consideration of the foregoing, be conducted to determine their effec- ignee an annual report concerning the §§ 101-25.109, 101-25.109-1, and 101- tiveness and to effect modifications as use and effectiveness of equipment 25.169-2 are revised as follows: appropriate. pooling.

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 29005

ce) The agency head or his designee 8940 and 8950, managed by the De- at 42 CFR 2.1 to 2.67-1. Therefore, shall ensure compliance by responsible fense Logistics Agency's Defense Per- part 300 1- removed from title 42 of personnel with the provisions of this sonnel Support Center, all nonperlsha- the Code of Federal Regulations. § 101-25.109-2 and shall require that ble subsistence items in Federal supply group 89, Subsistence Items, are man- periodic independent reviews of equip- PART 304-VOLUNTARY PATIENTS ment pool operations in Federal labo- aged by and available from the Veter- ratories under his control be conduct- ans Administration (VA). Theze Items Provisions for the admission, treated to determine their effectiveness are listed in the Subsistence Catalog. ment an.Irelease of voluntary patients and to effect modifications as appro- which is available from the Director, at Saint Elizabeths Hospital is pres- priate. Supply Service (134A), Veterans Ad- ently controlled by the District of Co- Washington, D.C. 20420. (See. 205(c), 63 Stat. 390; (40 U.S.C. 486(c)).) ministration, lumbia HoSpitalization of the Mental- (Sec. 205(c), 63 Stat. 390; (40 U.S.C. 4EC(c)).) ly Ill Act of 1964, Codified Act, 21 D.C. Dated: June 16, 1978. Code section 501, et seq. Therefore. ROBERT T. Gn-n, Dated: June 22, 1978. part 304 is unnecessary and is removed ActingAdministratorof JAY SOLOMON. from title 42 of the Code of Federal GeneralServices Administratorof GeneralSerrics. Regulations. [FR Doe. 78-18436 Filed 7-3-78; 8:45 am] [FR Doe. 78-18438 Filed 7-3-78; 8:45 am] llor-The Department of Health. Educa- tion, and Welfare. has determined that thL3 document does not contain a major proposal [6820:-24] [4110-88] requiring preparation of an Inflation Impact Statement under Ezecutive Order [FPMIR Amdt. E-225] Title 42-Public Health 11021 and 021B Circular A-167. PART 101-26-PROCUREMENT Dated: April 20, 1978. CHAPTER Ill-SAINT ELIZABETHS SOURCES AND PROGRAMS Jumus B. RIcrmxorm, HOSPITAL, DEPARTMENT OF Assistant SecretarJfor Health. EDUCATION, AND WEL- Purchase of Nonperishable HEALTH, Approved: June 23, 1978. Subsistence Items FARE JosrpH A. C.LUA.rlo, Jr., AGENCY: General Services Adminis- PART 300-AVAILABILITY OF Secretary. tration. RECORDS AND INFORMATION EFR Doe. 70-18447 Filed 7-3-78; 8:45 am] ACTION: Final rule. SUNMARY: GSA's management re- PART 304-VOLUNTARY PATIENTS [4110-35] sponsibility for nonperishable subsis- tance (NPS) items was terminated and Updating Current Regulations; CHAPTER IV-HEALTH CARE FI- the responsibility was transferred to Miscellaneous Amendments DE- the Veterans Administration and the NANCING ADMINISTRATION, Defense Logistics Agency's Defense AGENCY: Public Health Service. PARTMENT OF HEALTH, EDUCA- Personnel Support Center on January HEW. TION, AND WELFARE 1, 1978, to reduce overlap and duplica- ACTION: Rule. tion in the supply systems of these PART 460--PROFESSIONAL SUMIMARY: This document amends agencies. This regulation takes the STANDARDS REVIEW necessary action to amend the FPiAIR the Code of Federal Regulations by accordingly. deleting certain parts. The amendments are necessary because certain Area Designations EFFECTIVE DATE: July 5, 1978. provisions are obsolete, in some cases AGENCY: Health Care Financing Ad- FOR FURTHER INFORMTATION due to the expiration of statutory au- ministration (HCFA), HEW. CONTACT' thorizations. The effect of the amendments will be to update the current ACTION: Final regulations. Mr. John I. Tait, Director, Regula- regulations of the Public Health Serv- SUIMARY: These regulations amend tions and Management Control Divi- ice. the criteria for designating Profession- sion, Office of the Executive Direc- EFFECTIVE DATE: July 5,1978. al Standards Review Organization tor, Federal Supply Service, General (PSRO) areas. The amendment autho- Services Administration, Washing- FOR FURTHER INFORMATION rize3 us to designate Statewide areas in ton, D.C. 20406, 703-557-1914. CONTACT: those States where no PSRO areas The table of contents for Part 101- Mr. Richard F. Cummings, Room have yet been designated and where 26 is amended to include the following 17B-03, 5600 Fishers Lane, Roci- the physicians in the State favor a entry: ville, Bd. 20857, 301-443-6330. Statewid area. It. is intended to enable the PSRO program to become See. SUPPLEMENTARY INFORMATION: operational in States where we have 101-26.704 Purchase of nonperishable sub- not been able to designate acceptable sistence (NPS) items. PART 300-AVAILABILITY OF REC- PSRO areas. ORDS AND INFORMATION [RE- Subpart 101-26.7-Procurement DATE: The amendment is effective on MOVED] July 5, 1978. Sources Other Than GSA and the Department of Defense Part 300 has been superseded by FOR FURTHER INFORMATION DHEW regulations implementing the CONTACT: Section 101-26.704 is added as fol- Privacy Act of 1974. In addition to the Stephen Crane, 301-443-2520. lows: Department Privacy Act regulations. the availability of records at Saint SUPPLE'MNARY I1FORMATION: § 101-26.704 Purchase of nonperishable Elizabeths Hospital is further con- Profeszional Standards Review Orga- subsistence (NPS) items. trolled by Department regulations nizations are independent physician With the exception of condiment concerning confidentiality of alcohol organizations mandated under Title packages in Federal supply classes and drug abuse patient records found XI. Part B of the Social Security Act

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29006 RULES AND REGULATIONS to review the medical necessity, appro- can be expected to vary with local cir- consideration proposed changes In the priateness, and quality of health care cumstances, generally it should not organization of the Office of General and services funded through the Medi- exceed 2,500 practicing physicians. Counsel. Implementation of the pro- care, Medicaid, and Maternal and (6) The designation 'of an area posed changes would require amend- Child Health programs. should take into account the need for ments to sections 0.41 and 0.42 of the Specific PSRO areas must be desig- effective coordination with Medicare Commission's rules and regulations nated before review activities can be and Medicaid fiscal agents. and deletion of sections 0.43, 0.44, 0.45, undertaken. Current regulations did (c) Exception. The Secretary will 0.46, 0.47, and 0.48. not permit designation of a single area designate a single Statewide area, 2. In order to promote operational In large States, except under certain without consideration of the foregoing efficiency, the Commission is hereby circumstances and after cumbersome guidelines, in any State for which: approving the consolidation of the five procedures (See 42 CFR 460.2a). (1) No areas have been designated as existing divisions within tl!Le Office of On March 3, 1978, we published in of January 1, 1978, and General counsel into two divisions, to the FEDERAL REGISTER a notice of pro- (2) The Secretary has obtained suit- be known as the Litigation Division posed rulemaking (43 FR 8813) which able evidence that a majority of the and the Administrative Law and Legis- would authorize the designation of a physicians in the State favor a lation Division. These changes are nec- single Statewide area (regardless of Statewide area. essary to increase the flexibility of the the size of the State) if, (1) the physi- (Sec. 1152 of the Social Security Act (42 General Counsel In responding to fluc- cians of that State prefer it; and (2) no U.S.C. 1320c-1); sec. 1102 of the Social Secu- tuations in workload and assure great- areas had been designated as of Janu- rity Act (42 U.S.C. 1302).) er utilization of staff and available re- ary 1, 1978. Dated: June 2, 1978. sources. Part 0 of the rules and regula- Seven responses were received tions, which describes the organization during the 45-day comment period, all ROBERT A. DERzox, of the commission, Is being amended in support of the amendment. No revi- Administrator,Health Care to reflect these changes. sions were recommended and no FinancingAdministration. 3, The amendments adopted herein changes have been made. Since we be- Approved: June 28, 1978. pertain to agency organization. The lieve it desirable to initiate PSRO prior notice, procedure, and effective review promptly in any State where it JOSEPH A. CAswFAxo, Jr., Secretary. date provisions of section 4 of the Ad has not yet been possible, we are ministrative Procedure Act, 5 U.S.C. adopting the amendment to be effec- [F Doc. 78-18448 Filed 7-3-78; 8:45 am] 553, are therefore inapplicable. Au- tive immediately. thority for the amendments adopted Also published today at 43 FR 29016. [6712-011 - /- herein Is contained in sections 40) and is a proposal to designate a single 5(b) of the Communications Act of Statewide PSRO area for the State of Title 47-Telecommunication 1934, as amended. Texas. [FCC 78-359] 4. In view of the foregoing, It is or 42 CFR Part 460 is amended by re- dered, effective July 20, 1978, that vising § 460.2 to read as follows: PART0-COMMISSION Part 0 of the rules and regulations Is § 460.2 Guidelines for designation of ORGANIZATION amended as set forth below. areas. Amendment of Part 0 To Reflect a (Sees. 4, 5, 303, 48 Stat., as amended, 10C6, (a) General requirements. The Secre- Reorganization of the Office of 1068, 1082; 47 U.S.C. 154, 155, 303.) tary will: General Counsel. FEDERAL COMMUNICATION S (1) Designate appropriate areas for COISISSION, which Professional Standards Review AGENCY: Federal Communications WLIAM J. TRICAnuCO, Organizations may be designated; and Commission. Secretary. (2) From time to time, review the ACTION: Amendment of rules. Part 0 of chapter 1 of title 47 of the area, designations and revise those SUMMARY: This amendment changes that, in his judgment, need revision. Code of Federal Regulations Is hereby the rules to reflect changes in the or- amended as indicated below. (b) Specific guidelines. In designat- ganization of the Office of General Ing areas or revising the designations, 1. Section 0.41(n) Is amended and Counsel. These changes were neces- § 0.41(o) is added to read: the Secretary will take into considera- sary to provide the General Counsel tion the following guidelines: with greater flexibility in the use of (1) Generally, an area should not § 0.41 Functions of the Office. staff personnel and permit more effi- The Office of the General Counsel cross State lines. cient utilization of resources within (2) In general, an area should not the office. has the following duties and responsi- divide a county. However, in instances bilities: of large geographic areas or large EFFECTIVE DATE: July 20, 1978. county populations, it may be neces- ADDRESSES: Federal Communica- (n) To provide guidelines for and pre- sary and appropriate to divide a tions Commission, Washington, D.C. pare the bound volumes of the FCC county. 20554. Reports. (3) Existing boundaries of local (o) To advise the Commission in the medical review organizations and local FOR FURTHER INFORMATION preparation and revision of rules and health planning areas should be con- CONTACT. the implementation and administra sidered. Bernard L Kahn, Office of Execu- tion of the Freedom of Information, (4) An area should, to, the extent tive Director, 632-7513. Privacy, and Sunshine Acts. possible, coincide with a medical serv- * * * * ice area and assure broad, diverse rep- SUPPLEMENTARY INFORMATION: resentation of all medical specialties. ORDER 2. Section 0.42 Is amended to read: Consideration should be given to the location of existing medical centers Adopted: April 21, 1978. § 0.42 Units in the Office. and to natural geographic barriers. Released: June 27, 1978. The Office of General Counsel is (5) An area should generally include By the Commission: structured into the following units: a minimum of approximately 300 prac- (a) Immediate Office of the General -ticing physicians. While the maximum 1. The Commission has before it for Counsel.

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 29007 (b) Litigation 1bivision. 2. The Commission had originally [7035-011 (c) Administrative Law and Legisla- proposed that 12 paIrs of Taxicab tion Division. Radio Service frequencies In the 450 Title 49-Tronsportation (d) Industry Equal Employment Op- MHz band be made available for geo- portunity Unit. graphic sharing. However, with the CHAPTER X-INTERSTATE COMMERCE COMMISSION §§0.43 through 0.48 [Deleted] modification of the proposed changes adopted in our first Report 3. Sections 0.43, 0.44, 0.45, 0.46, 0.47, and Order, SUBCHAFTER A-GENEAL RULES AND and 0.48 are deleted. the Commission felt It appropriate to REGULATIONS [FR Doe. 78-18486 Filed 7-3-78: 8:45 am] retain four of these frequency pairs [Amdt No. 1 to Service Order No. 1294] exclusively in the Taxicab Radio Serv- Ice. Before making a final decision on PART 1033--CAR SERVICE [6712-01] this matter, the Commission released [Docket No. 21395; RM-2702; FCC 78-4361 a Further Notice of Proposed Rule- Indiana Interstate Railway Co., Au- making on March 21, 1978, seeking ad- fhorized To Operate Over Tracks PART 91-INDUSTRIAL RADIO ditional comments directed specifically Owned by the City of Bicknell, Ind. SERVICES to this point, AGENCY: Interstate Commerce Com- mission. PART 93-LAND TRANSPORTATION 3. Accordingly, comments were requested on whether the frequency ACTION: Emergency order (Amend- RADIO SERVICES ment No. 1 to Service Order No. 1294). pairs 452.050/457.050, 452.150/457.150, Permitting Interservice Geographic 452.300/457.300, and 452.500/457.500 SUMARY: Service Order No. 1294 authorizes the Indiana Interstate Rail- Sharing of Certain 450 MHz Band Mv,Hz, should be made available In the way Co., Inc., to operate over 1.1 miles Tdxicab Radio Service Channels Forest Products Radio Service at loca- of track leased from the city of Bick- tions more than 40 miles from the cen- nell. Ind., in order to provide essential' AGENCY: Federal Communications ters of urbanized areas of 200,000 or railroad service to industries served by Commission. more population (1970 Decennial that track. Amendment No. 1 extends thL order until January 15, 1979. ACTION: Final rule. Census) in the States of Washington, SUEMMARY: The Federal Communica- Oregon, Idaho, and Montana, or DATES: Effective June 30, 1978. Ex- pires January 15, 1979. tions Commission originally proposed whether they should be retained ex- that 12 pairs of Taxicab Radio Service clusively in the Taxicab Radio Service. FOR FURTHER INFORMATION frequencies be made available for geo- CONTACT: 4. Comments were received from graphic sharing. An earlier proceeding C. C. Robinson, Chief, Utilization made disposition of eight of those fre- Forest Industries Telecommunications and Distribution Branch. Interstate quencies while comments were sought 5FIT), the original petitioner in this Commerce Commission, Washing- on the remaining four. This document proceeding, and the International ton, D.C. 20423, telephone 202-275- announces that the CommissIon has 7840, Telex 89-2742. determined to retain the four frequen- Taxicab Association (ITA). Both FIT cy pairs exclusively in the Taxicab and ITA, in effect, concurred with the SUPPL.EENTARY INFORMATION: Radio Service to accommodate growth Commisslon's proposal to retain the Decided: June 27,1978. and expansion of existing base/mobile four frequency pairs exclusively in the Upon further consideration of Service stations in that service. Taxicab Radio Service. Order No. 1294 (43 FR 1092), and good EFFECTIVE DATE: Nonapplicable. cause appearing therefor. 5. The Commi-sion, therefore, has It is ordered, § 1033.1294 Indiana In- ADDRESSES: Federal Communica- decided not to reallocate the remain- terstate Railway Co., Inc, Authorized tions Commission, Washington, D.C. ing four frequency pairs, but to retain to operate over tracks owned by the 20554. them exclusively in the Ta"icab Radio city of Bicknel, Ind, Service Order FOR FURTHER INFORMATION Service. This would accommodate the No. 1294, Is amended by substituting CONTACT. the following paragraph (D for para- expected growth and expansion of ex- graph () thereof: Emmett Haines Pritchard. Safety isting base/mobile stations in that (f)Expiration date. The provisions and Special Radio Services Bureau, radio service. No change Is needed in of this order shall expire at 1159 pa, 202-632-6497. the rules, since the amendment of sec- January 15, 1979, unlecs otherwise modified. changed or suspended by tion 93.402(c), made effective SEcolD REPonT AND ORuE t on April order of this Commission. 26, 1978, by the first Report and Effective data This amendment Adopted: June 20, 1978. Order, excepted the four frequency shall become effective at 11:59 pm., Released: June 27, 1978. pairs in question from sharing with June 30, 1973. * By the Commission: the Forest Products Radio Service. (49 U.S.C. 1 (10-17).) 1. In a first Report and Order in this 6. Accordingly, it is ordered pursuant A copy of this amendment shall be proceeding, adopted on March 8, 1978 served upon the Association of Ameri- (FCC 78-190), the Commission final- to sections 4() and 303 of the Commu- nications can Railroads, Car Service Division, as ized certain rule changes which autho- Act of 1934. as amended, agent of all railroads subscribing to rize the geographic shared use of eight That this proceeding is terminated. the car service and car hire agreement pairs of Taxicab Radio Service fre- FEDEML COIrmUUCATXONS under the terms of that agreement, quencies in the 450-470 MHz band by and upon the American Short Line Forest Products Radio Service licens- CoamwssIrO, Railroad Association. Notice of this ees in the States of Idaho, Montana, WxujAM J. TmIcAucO, amendment shall be given to the gen- Oregon, and Washington. Secretary. eral public by depositing a copy in the Office of the Secretary of the Com- 'See 43 PR 13577. March 31. 1978. [FR Doc. 78-18467 Filed 7-3-78: 8:45 am] mission at Washington. D.C., and by

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29008 RULES AND REGULATIONS filing it with the Director, Office of Order No. 1301, is amended by substi- be returned promptly to the car the Federal Register. tuting the following paragraph (e) for owners for reloading. Amendment No. By the Commission, Railroad Serv- paragraph (e) thereof: 1 extends this order until January 15, ice Board, members Joel E. Burns, (e) Expiration date. The provisions 1979. Robert S. Turkington, and John R. of this order shall expire at 11:59 p.m., DATE: Effective 11:59 p.m., June 30, Ivichael. Joel E. Burns not participat- November 30, 1978, unless otherwise 1978. Expires 11:59 p.m., January 15, modified, changed, or suspended by 1979. ing. order of this Commission. NANcY L. WILSON, Effective date. This amendment FOR FURTHER INFORMATION Acting Secretary. shall become effective at 11:59 p.m., CONTACT. [lR Doc. 78-18487 Filed 7-3-78; 8:45 am] June 30, 1978. C. C. Robinson, Chief, Utilization (49 U.S.C. 1(10-17).) and Distribution Branch, Interstate [7035-01] Commerce Commission, Washing- A copy of this amendment shall be ton, D.C. 20423, telephone 202-275- [Amdt. No. 3 to Revised Service Order No. served upon the Association of Ameri- 7840, Telex 89-7842. 1301] can Railroads, Car Service Division, as agent of all railroads subscribing to SUPPLEMENTARY INFORMATION: PART 1033-CAR SERVICE the car service and car hire agreement Decided: June 27, 1978. under the terms of that agreement, Distribution of Grain Cars and upon the American Short Line Upon further consideration of Revised Service Order No. 1318 (43 FR 17360), AGENCY: Interstate Commerce Com- Railroad Association. Notice of this and good cause appearing therefor. mission. amendment shall be given to the gen- It is ordered, § 1033.1318 Regula- eral public by depositing a copy in the tions for return of hopper cars, Re- ACTION: Emergency order (Amend- Office of the Secretary of the Com- ment No. 3 to Revised Service Order mission at 'Washington, D.C., and by vised Service Order No. 1318, is No. 1301). amended by substituting the following' filing a copy with the Director, Office paragraph (g) for paragraph (g) there- SUMMARY: There are serious short- of the Federal Register. of: ages of 40-ft., narrow-door plain box- By the Commission, Railroad Serv- (g) Expifation date. The provisions cars and of covered hoppers on the ice Board, members Joel E. Bums, of this order shall expire at 11:59 p.m., lines of the Burlington Northern and Robert S. Turkinlgton, and John R. January 15, 1979, unless otherwiso of the Chicago and North Western. Michael. Joe. E. Burns not participat- modified, changed, or suspended by Revised Service Order No. 1301 re- ing. order of this Commission. quires return of narrow-door, 40-ft., NACY L.WILSON, Effective date. This amendment plain boxcars and of covered hoppers Acting Secretary. shall become effective at 11:59 p.m., owned by these two railroads. Loading [FR Doc. 78-18488 Filed 7-3-78; 8:45 am] June 30, 1978. to stations on the lines of the car (49 U.S.C. 1(10-17).) owners is permitted. Amendment No. 3 extends Revised Service Order No. A copy of this amendment shall be [7035-01] served upon the Association of Amerl. 1301 for an additional 5 months. [Amdt. No. 1 to Revised Service Order No. can Railroads, Car Service Division, as DATES: Effective 11:59 p.m., June 30, 1318] agent of all railroads subscribing to 1978. Expires 11:59 p.m., November 30, PART 1033-CAR SERVICE the car service and car hire agreement 1978. under the terms of that agreement, and upon the American Short Line FOR FURTHER INFORMATION Regulations for Return of Hopper CONTACT: Railroad Association. Notice of this Cars amendment shall be given to the gen- C. C. Robinson, Chief, Utilization eral public by depositing a copy In the and Distribution Branch, Interstate AGENCY: Interstate Commerce Com- mission. Office of the Secretary of the Com- Commerce Commission, Washing- mission at Washirgton, D.C., and by ton, D.C. 20423, telephone 202-275- ACTION: Emergency order (Amend- filing a copy with the Director, Office 7840, Telex 89-2742. ment No. 1 to Revised Service Order of the FrumuuL REGISTER. No. 1318). SUPPLEMENTARY INFORMATION: By the Commission, Railroad Serv- Decided: June 27, 1978. SUMMARY: There is a severe short- ice Board, members Joel E. Burns, age of hopper cars on 12 railroads Upon further consideration of Revised Robert S. Turkington, and John R. named in Revised Service Order No. Michael. Service Order No. 1301 (43 FR 12326, 1318. These carriers own large fleets of Joel E. Burns not participat- 14475, and 19048), and 'good cause ap- these cars. Because of traffic flow pat- ing. pearing therefor: terns, substantial numbers of these NAvc L. WILSOiV, It is ordered, § 1033.1301 Distribu- cars are shipped to points located on Acting Secretary. tion of grain cars, Revised -Service the lines of other railroads and must [FR Doc. 78-18489 Filed 7-3-78; 8:45 am]

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 197 29009 proposed rules

I This section of the FEDERAL REGISTER contains notices to the pubic of the proposed Issuanc, of rules and retautimns. The puqpose of these notices is to give interested persons an opportunity to partidpate in the rue making prior to the adoption of the f'ml rst'os. I

[3410-15] Dated: June 22, 1978. this rulemaking was announced on De- cember 28, 1977 but who have not sub- DEPARTMENT OF AGRICULTURE DoNAm I. OLrSu, mitted written testimony, may also Acting Assistant Administrator. desire to make oral presentation. Since Rural Electrification Administration [FR Doc- 78-18418 Filed 7-3-1978; 8:45 am] the Board cannot determine the [7 CFR Part 17011 number, if any, of such additional requests, the following schedule is neces- ELECTRIC SYSTEM REVIEW AND EVALUATION [7590-01] sarily tentative. Revision of REA Bulletin 161-5 NUCLEAR REGULATORY The Board does not intend to exclude any participant from making an AGENCY: Rural Electrification Ad- COMMISSION oral presentation by establishing this ministration. 110 CFR Parts 11, 50, and 70] schedule, and it will endeavor to ac- ACTION: Proposed rule. commodate those who make late re- [Docket No. RM 50-71 quests. Those participants who desire SUMMARY: The Rural Electrification Administration proposes to issue a re- AUTHORITY FOR ACCESS TO OR CONTROL to make an oral presentation, and who OVER SPECIAL NUCLEAR MATERIAL have not been assigned hearing times vision of REA Bulletin 161-5, Electric by this order may procced in one of System Review and Evaluation. This Schedule of Witnesses and Other Malters two ways. They can appear at the bulletin provides criteria and proce- opening of the hearing on July 10, dures for REA electric distribution AGENCY: Nuclear Regulatory Com- 1978 at 9 axm. and make their requests borrowers to use in reviewing the ef- mission. known at that time; the Board will fectiveness of their programs for elec- ACTION: Hearing Board notice of rule on such requests promptly. Alter- tric system operation and maintenance schedule of witnesses and other mat- natively, upon receipt of this order and plans for the future. The bulletin ters. participants may telephome C. W. also provides for the evaluation of SUMARY: On December 28. 1977. Reamer, Office of the General Coun- such programs and plans by REA. sel. Nuclear Regulatiry Commiss.xion This proposed revision incorporates a the Commission announced a public hearing on whether to adopt certain at 202-634-1465 and request hearing revised REA form 300 and eliminates proposed rules regarding clearances times. Mr. Reamer will comfer with forms 301, 302, 303 and 304. Effects of for access to or control over special nu- the Board and where feasible the the proposed action are to eliminate clear material (42 FR 64703). The oral Board will set times for oral presenta- certain detailed reporting require- hearing is scheduled for July 10, 1978. tions in advance of the opening of the ments, to add items concerning load in Washington. D.C. A number of per- hearing on July 10 and participants studies and planning and to give bor- sons have decided to participate in the will be promptly informed. As the rowers increased responsibility for the hearing. This notice announces the hearing schedule reflects, a block of electric system reviews. On issuance of schedule for these participants to additional oral hearing times has been revised REA bulletin 161-5, appendix appear at the hearing. reserved during the afternoon of July A to part 1701 will be modified accord- DATES: July 10, 1978, at 9 am., e.d.t. 11, 1978. ingly. ADDRESS: Room 1167, 1717 H Street HEsa=0 SCrMaUL DATE: Public comments must be re- NW., Washington. D.C. 20555. July 10-12. 1978, 1717 H Street NW_. ceived by REA no later than August 4, W lngton. D.C., Room 1167 1978. FOR FURTHER INFORMATION CONTACT' JULY 10 ADDRESS: Interested persons may obtain copies of revised bulletin 161-5 C. W. Reamer, Office of General 9:00-10:00 am. Opening statements of Hear- Counsel, U.S. Nuclear Regulatory Ing Board: announcement of decisions from Mr. Rowland C. Hand, Sr., Direc- Commission, Washington, D.C. on objections to questions filed June 30. tor, Power Supply, and Engineering 20555, phone 202-634-1465. 1978: disposition of late requests for Standards Division, Rural Electrifica- hearing times. tion Administration, Room 3304, SUPPLEMENTARY INFROMATION: 10:O0-l-O0 am. Staff testimony. South Building, U.S. Department of Pur~uant to notice of hearing and re- 11:00-11:15 am. Break (if time permits). lated matters of April 27, 1978, the 11:15-12:30 pm. Lltial Board questions of Agriculture, Washington. D.C. 20250, hearing Board met on June 27, 1978 to staff. telephone 202-447-4413. All data, consider requests for oral presenta- 12:30-2:00 p m. Lunch. views, or comments should also be ditions, to consolidate positions and to 2:00-2:20 pm. Westinghouse testimony. rected to Mr. Hand. All written sub- issue an schedule of witnesses for the 2:20-3:00 p.m. Board questions of Westing- missions made pursuant to this notice July 10-12 hearing in the above cap- house (and General Electric. if present). will be made available for public in- 3:00-3:30 p.m. [3:30-4:0013 Wisconsin Elec- tioned matter. In the schedule that trc testimony (thls will become a panel spection in the Office of the Director, follows the Board has assigned hear- presentation If other utilities-including Power Supply and Engineering Stand- ing times to those witnesses who made EMC and TVA-request hearing times). ards Division, during regular business timely requests on June 20, 1978. The 4:00-5:00 p.m. Board questions of Wisconsin hours. Board anticipates, however, that wit- Electric (and other utilities including KMC and TVA. If present). FOR FURTHER nesses who submitted written testimo- INFORMATION ny without specifically requesting oral CONTACT. presentation time and those who made 'Dependlng upon number of oral testimo- Mr. Rowland C. Hand. 202-447-4413. requests for oral presentations when ny requests, two panels may be convened.

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29010 PROPOSED RULES

JULY 11 will be available for examination by trict which offer the purchase pro. 9:00-9:30 am. General Atomic testimony interested persons in the Office of Di- gram. Patrons, members, employees, (and other research and university reac- rector, Public Affairs Division, Office or stockholders of other financing in- tor testimony-ncluding National of Administration, Farm Credit Ad- stitutions discounting loans with the Bureau of Standards-if requested). ministration. 9:30-10:00 a.m. Board questions of General Federal intermediate credit bank or of Atomic (and other research and univer- FOR FURTHER INFORMATION any legal entity which is a borrower sity reactors-ncluding NBS-f pres- CONTACT: from any Farm Credit institution as ent). such are ineligible as they are not 10:00-10:30 ain. Behaviordyne and Ass'n for Jon F. Greeneisen, Deputy Gover- members of a Farm Credit institution. Advancement of Psychology testimony. nor, Office of Administration, Farm Stock or participation certificates -10:30-11 am. Board questions of Behavior- Credit Administration, 490 .L'Enfant shall not be sold merely to qualify a dyne and AAP. Plaza SW., Washington, D.C. 20578, party for the purchase of Farm Credit 11:00-11:15 a.m. Break (if time permits). 202-755-2181. 11:15-11:30 a.m. John O'Brien testimony. Investment Bonds. For purposes of 11:30-11:45 a.m. Board questions of O'Brien. SUPPLEMENTARY INFORMATION: this section "member" meahs a stock- 11:45-12:30 p.m. Further testimony on civil Banks of the Farm Credit System are holder or participation certificate liberties Issues, if requested. authorized by current regulations to holder who acquired stock or partici- 12:30-2:00 p.m. Lunch. issue Investment Bonds in denomina- pation certificates to obtain a loan, to 2:00-2:30 p.m. Board questions of those dis- tions under $100,000. These bonds are purchase stock for investment or to cussing civil liberties issues, as needed. subject to the limitations prescribed qualify for other services of the associ- [2:30-5:00 p.m.] Open time for scheduling by the Federal Reserve Board's regula- ation or bank. A person who assumes a testimony and questions of late request- tion Q on loan is not a member ers (if more time is needed, it will be as- the consumer-type deposit unless he be- signed on morning of July 12). category of denominations under comes a stockholder or participation $100,000. The FCA staff analysis indi- certificate holder in connection with JuLY 12 cated that the investment bond would that loan. Employee means a regular 9:00-10:30 a.rm Further Board questions of better meet the requirements of mem- full-time employee of a Farm Credit staff. bers and provide the Banks for Coo- bank or association. Retired employee 10:30-11:30 am. Propounding of written peratives with an addition to their means a retiree who is a direct benefi- questions by the Board to those partici- funding program, if offered in denomi- ciary of a pension or retirement pro- pants who submitted written testimony nations of $100,000 or more. The program of a Farm Credit bank or a.sool- but who did not appear during the hear- posed amendments would authorize ation or the Farm Credit Administra- ing. the issuance of investment bonds in tion under Civil Service retirement. 11:30-12:00 a.m. Resolution of any remain- denominations of $100,000 or (b) Form and ownership. Farm ing procedural matters and close of more hearing. subject to regulation Q and also would Credit Investment Bonds are regis. emphasize that all employees of the tered bonds issued in definitive or For the Hearing Board. Farm Credit Administration are ineli- book-entry form depending on Inves- PAUL R. VEKum, gible to purchase such bonds. A fur- tor preference. The registration used Chairman. ther revision would clarify that invest- must express the actual ownership of tFR Doc. 78-18695 Filed 7-3-78; 8:45 am] ment bonds may be issued in book- an interest in the bond and will be entry as well as definitive form. considered by the Issuing institution Chapter VI of title 12 of the Code of as conclusive of such ownership and [6705-01] Federal'Regulations is proposed to be Interest. No designation of an attor- amended by ney, agent FARM revising §§ 615.5110 and or other representative to CREDIT ADMINISTRATION 615.5120 as Ifollows: - request or receive payment on behalf [12 CFR Part 615] of the owner or co-owner, nor any re- PART 615-FUNDING AND FISCAL AFFAIRS striction on the right of the owner or FARM CREDIT INVESTMENT BOND PROGRAM § 615.5110 Authority to issue. co-owner to receive payment of the Proposed Rule bond or interest, except as provided In Any Farm Credit bank may issue this section, may be made In the regis. AGENCY: Farm Credit Administra- Farm Credit Investment Bonds direct- tration or otherwise. Registrations re- tion. ly to those eligible as set forth in quested in applications for purchase § 615.5120(a). The bonds are subject ACTION: Proposed rule. to shall be clear, accurate, complete and the limitations contained in the Feder- conform with one of the registration SUMMARY: The Farm Credit Admin- al Reserve Board's regulation Q. provisions set forth in this section, and istration, by its Federal Farm Credit include the appropriate taxpayer Iden- Board, has under consideration pro- § 615.5120 Purchase eligibility requirement. tifying number. Registrations request- posed amendments to its regulations ed will be inscribed on the face of the dealing with the Farm Credit Invest- (a) Limitations. Eligibility to pur- bond if in definitive form or on the ment Bond program. An analysis by chase Farm Credit Investment Bonds confirmation of investment if in book- FCA staff has indicated that the pro- shall be limited to members and em- entry form. The following provisions gram could be made more effective. ployees of the Farm Credit banks-and shall apply for registration of Farm The proposed amendments would pro- associations, except any bank officers, Credit Investment Bonds: vide the Farm Credit Banks with an directors, and employees who are in- (1) In all cases the member's name addition to their funding program and volved in setting the term or rate, to (whether a natural person, fiduciary, better adapt the program to the needs retired employees who are beneficia- or legal entity) or employee's name of members of the Banks for Coopera- ries of a pension or retirement pro- must appear as owner of the bond, tives System. gram of the Farm Credit banks or as- (2) A bond may be registered in the DATES: Written comments must be sociations, and to retired employees of name of a fiduciary only If the fidu- received on or before July 27, 1978. the Farm Credit Administration. A ciary is in fact the member. member of a Farm Credit association (3) A member ADDRESSES: or employee may not Submit any comments or a bank for cooperatives need not be use a form of registration (such as a or suggestions in writing to Donald E. an active borrower to be eligible. A gift Wilkinson, to a minor, Irrevocable trust, etc) Governor, Farm Credit Ad- member of any Farm Credit institu- which would divest himself of owner- ministration, Washington, D.C. 20578. tion may purchase investment bonds ship. However, a minor may be named Copies of all communications received from any of the institutions in the disas co-owner or beneficiary.

FEDERAL kEGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 PROPOSED RULES 29011

(4) If a member is a natural person. minimize those problems consistent risk of injury to the public. The Com- a second natural person, member or with statutory objectives. Comments mission determined from the informa- non-member, may be named as co- were requested to be filed by May 1, tion available at that time that no fea- owner or beneficiary. Co-ownership 1978. By EDR-347A/PDR 49A (43 FR sible standard could adequately pro- may not involve a fiduciary or private 18196, April 28, 1978) the comment tect the public from that unreasonable organization. date was extended until June 30, 1978. risk. Therefore, as provided by section (5) In the co-ownership form the The Board has now received a letter 8 of the Consumer Product Safety Act connective "or" shall serve the same from counsel for the Government of (CPSA) (15 U.S.C. 2057). the Commis- purpose as "joint tenants with right or France. They indicate that they have sion proposed a rule to declare that survivorship." only recently been retained, believe unvented gas-fired space heaters are that the proposed rule could have seri- banned hzardous products. (Sees. 5.9, 5.12. 5.18, 85 Stat. 619, 620, 621.) ous international implications, and re- As provided by section 9(a)(2) of the DONALD E. WILKINsoN, quest an extension of time to enable CPSA. the proposal solicited written Governor, them to provide the kind of informa- comments from the public and also FarmCredit Administration. tion and comment concerning the provided an opportunity for interested [FR Doe. 78-18429 Filed 7-3-78; 8:45 am] foreseeable impact of the rule on the persons to make oral presentations of French Government and Its various data, views or arguments on the pro- agencies and enterprses which the posed rule. As provide by section 9, [6320-01] Board has specifically requested. the Commission found and published Upon consideration of the above, the in the proposal good cause to allow a CIVIL AERONAUTICS BOARD undersigned finds good cause to grant period longer than 60 days for receiv- the request for an extension of the [14 CFR Chapter i] ing public comment and evaluation of time for filing comments. Accordingly, the comments. Consequently, the pro- Docket 32219; EDR-347B; PDR-49B] under authority delegated In 385.20(d) pozal provided for a period up until of the Board's Organization Regula- July 17, 1910 during which the Com- Supplemental Advance Notice of Proposed tions (14 CFR 385.20(d)), the time for Rulemaking mission would consider whether to filing comments is extended to July publish a final rule or withdraw the U.S. CORPORATIONS WHICH DO NOT 31, 1978. proposal to ban, unless the time period QUALIFY AS A "CITIZEN OF THE UNITED (See. 204(a) of the Federal Avlation Act of were to be further extended for good STATES" 1958, as amended, 72 Stat. 743. 49 U.S.C. cause. Over 200 comments were re- 1324.) ceived in response to the banning pro- Juim 28, 1978. SzPHE L. B.IncoC . posal. In addition, three public meet- AGENCY: Civil Aeronautics Board. Acting Associate General ings were held In different parts of the ACTION: Supplemental advance Counsel, Rules Ditislon. country to receive the oral presenta- notice of proposed rulemaking. [FR Doe. 78-18479 Filcd 7-3-70:10:45 am] tions of persons interested in the proposed ban. SUMMARY: This notice extends until Among the comments received was July 31, 1978, the date for filing com- [6355-01] information to the effect that several ments in a rulemaking proceeding in- European countries had adopted man- volving (1) the correctness of the CONSUMER PRODUCT SAFETY datory standards addrezsed to the Board's tentative legal ruling that U.S. COMMISSION hazard of CO poisoning associated corporations are citizens of the United with unvented, gas-fired space heaters. States for the purposes of section [16 CFR Part 1306] There standards do not generally ad- 408(a)(4) of the Federal Aviation Act, (2) UNVENTED GAS-FIRED SPACE HEATERS dress the hazard of CO poisoning di- to determine the extent and nature rdtly. Rather, they require the use of of the effect of such a ruling, and (3) Extension of Time of Proposed Rule to formulate possible regulatory solu- a component which appears to detect tions through rulemaking procedures AGENCY* Consumer Product Safety the depletion of oxygen in the living for-problems which may arise. Commission. space and stops the flow of gas to the The ex- heater before the buildup of CO can tension was requested by counsel for ACTION: Extension of time. become hazardous. To the Commis- the Government of France. SUMMARY: This notice extends from sion's knowledge, such a component DATE: Comments by July 31, 1978. July 17, 1978 to August 29. 1978, the hns not been adopted for production FOR FURTHER INFORMATION period in which the Commis Ion must by American manufacturers of unvent- CONTACT: Donald H. Horn, Routes either publish a final ban of unvented ed gas-fired space heaters. Division, Office of the General Coun- gas-fired space heaters or withdraw Analysis of this information on sel, Civil Aeronautics Board, 1825 Con- the rule proposed on February 14, oxygen depletion systems has been necticut Avenue NW., Washington, 1978. This extension is necezzary to performed by the Commis-ion staff D.C.20428, 202-673-5206. provide time for the Commission to with the --sistance of the National consider new information. Bureau of Standards. This analysis re- SUPPLEMENTAL INFORMATION: quired a longer period for evaluation FOR FURTHER INFORMATION By advance notice of proposed rule- . than the period provided in the pro- making EDR-347/PDR-49, March 9, CONTACT George IM.Anikis, Office pozal Therefore, the Commission be- 1978 (43 FR 10938, March 16, 1978), of Program Management, Consumer leves that an extension of time is nec- the Civil Aeronautics Board gave Product Safety Commission, Washing- ezzary for Commission consideration notice of its tentative legal conclusion ton, D.C. 20207, 301-492-6453. of these materials. that U.S. corporations are citizens of SUPPLEIENTARY INFORMATION: Accordingly, pursuant to section the United States for purposes of sec- On February 14, 1978 (43 FR 6235), 9(a)(1) of the CPSA, the Commission tion 408(aX4) of the Federal Aviation the Commission published a proposal finds there s good cause and extends Act and requested comments on that to ban unvented gas-fired space heat- to August 29, 1978, the period in which tentative legal conclusion, including ers. Based on information discussed In the Commission must either publish a the nature and extent of the problems the proposal, the Commission conclud- consumer product safety rule declar- which may be created by finalizing ed that the hazard of carbon monox- ing that unvented gas-fired space heat- that tentative conclusion, and what ide (CO) poisoning associated with ers are banned hazardous products or regulatory action might be taken to this product presents an unreasonable withdraw the rule proposed on Febru-

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29012 PROPOSED RULES ary 14, 1978. This period may be fur- OSM Region III, Federal Building and comments and suggested alternative Courthouse, Ohio and Pennsylvania and would be ther extended for good cause by notice Streets, Indianapolis, Ind. 46205, 317-269- language are solicited published in the FEDERAL REGISTER. 71068. appreciated. Purely negative comments objecting to provisions in these Dated: June 29, 1978. OSM Region IV, 601 East 12th Street, drafts without suggesting alternatives SADYE E. DUNN, Room 1768, Kansas City, Mo. 64116, 816- will be of little vaule in the subsequent Acting Secretary, Consumer 374-5162. review to be undertaken by the Office ProductSafety Commission. OSM Region V. Old Post Office Down- of Surface Mining. [FR Doe. 78-18516 Filed 7-3-78; 8:45 am] town, 1632 Stout Street, Denver, Colo. The' June 15, 1978, FEDERAL REGISTER 80202, 303-571-4301. notice cited above announced that those permanent program regulations [4310-05] SE INARS 1 required by the act and not made The Indianapolis seminar will be in available at this time would be made DEPARTMENT OF THE INTERIOR the Third Floor Chambers, House of available in draft form to the public Offico of Surface Mining Redamation and Representatives, State House, 200 W. on or about July 14, 1978. The Office Enforcement Washington Street, Indianapolis, Ind. of Surface Mining now estimates that The seminar in Kansas City, Mo., will these drafts will be available during [30 CFR Parts 730, 735, 781, 820, 822] be held at the Little Theatre of the the week of July 17, 1978. Following SURFACE COAL MINING AND RECLAMATION Kansas City, Mo., Convention Center, release of all the drafts of the perma. 13th and Wyandote Streets. nent'program regulations, public semi. OPERATIONS nars will be held from August 3 Permanent Regulatory Program PUBLIC Co n amrs through August 11, 1978, as specified comments on in the June 15, 1978, FEDERm, REGI9TEIt AGENCY: Office of Surface Mining Send written public notice. Constructive suggestions and Reclamation and Enforcement, U.S. these draft rules to: Room 6229, De- alternatives to these draft regulations Department of the Interior. partment of the Interior, 18th and C Streets NW., Washington, D.C. These submitted during this preliminary ACTION: Release of draft regulations comments and a list of public meetings public comment period will be careful- and supplemental notice of public with OSM staff will be available for ly evaluated by the Office of Surface seminars, viewing at this address from 9 a~m. to Mining prior to publishing proposed rules in the FEDERAL RoisTus for the SUMMARY: The Office of Surface 12 noon and 1pj.m. to 4 pan., Monday formal comment period. A public hear- Mining published in the FEERA REG- through Friday, excluding holidays. ing will be held on all the permanent isrns on June 15, 1978 (43 FR 25881), FOR FURTHER INFORMATION program regulations during that a notice of public seminars, public CONTACT: formal public comment period. meetings and availability of draft The regulations being distributed at rules. This public notice announces Patricia Foulk, Office of Surface this time in draft form may contain the availability of draft regulations Mining, Department of the Interior, provisions which are different from concerning State designation 6f lands Washington, D.C. 20240, 202-343- corresponding sections of the initial unsuitable for mining, State perma- 4719. program regulations in effect at this nent program application and approv- SUPPLEMENTARY INFORMATION: time. These differences are not intend- al procedures, coal exploration proce- As noted in the June 15, 1978 FEDRAL ed in any way to affect the validity dures, State inspection and enforce- REGISTER notice, the Office of Surface and finality of the Initial program reg- ment, Federal inspection and enforce- Mining is making available pre-pro- ulations. Public comment on these dif- ment, and civil penalties. This notice posed rulemaking drafts of the perma- ferences will be helpful in ultimately also supplements the June 15, 1978 neiit program regulations in' order to making final determinations whether notice with information about the fulfill the spirit of the Surface Mining provisions in the initial regulatory availability of the comments on these Control and Reclamation Act and Ex- program merit amendment. Prior to draft rules and the locations for the ecutive Order 12044, both of which formal amendment of those initial public seminars in Kansas City, Mo., call for early and meaningful public program regulations, the Office of and Indianapolis, Ind., which were an- participation in the development of Surface Mining will fully enforce the nounced at that time. agency regulations. The draft regula- Initial program regulations and ex- DATES: The draft regulations were- tions being made available at this time pects the State regulatory authorities made available to the public beginning are not intended to reflect the final to do the same. Monday, July 3, 1978, in the Washing- position of the Office of Surface This notice includes a list of'ques. ton, D.C. and-the five regional offices Mining or the Department on the con- tions related to the draft regulations of the Office of Surface Mining. The tent of these regulations. The content being made available at this time. public seminar in Indianapolis, Ind., of these regulations is based in part* Public attention to and comment on will be held on August 9, 1978, and the upon the Office's review to date of these questions would be particularly seminar in Kansas City, Mo., on available technical literature and useful to .OSM in ultimately reaching August 10, 1978. other source material, including the a determination as to alternative regu- legislative history of the act. Review latory piovisions which might be REGULATIoNs AVAILABLE of this material is not necessarily corn- adopted. The absence of questions concerning other Issues should not be ADDRESSES: Draft regulations wil plete at this time and further exami- Surface nation may suggest alternative provi- interpreted to mean that the Office of beMining available ofies: at the followinglr sions to those contained in the present Surface Mining has reached any final Mining offices: drafts. Likewise, comments elicited by conclusions as to those issues. The spe- "OSM Headquarters, Department of the these drafts will be carefully reviewed cific questions are as follows: Interior, Room 6229, 18th and C Streets and may well suggest alternative pro- NW., Washington, D.C. visions. PART 730-STATE PROGRAMS OSM Region I, First Floor, Thomas Hill The most useful comments will be 1. What information and data Building, 950 Kanawha Boulevard, East, those which contain positive sugges- should the States be required to Charleston, W. Va. 25301, 304-342-8125. tions for alternative language for the submit with their State program appli- OSM Region II, Northshore Building 2, regulations. References to technical cations? Sixth Floor, 1111 North Shore Drive, literature, the act, legislative history, 2. What objective and subjective cri- Knoxville, Tenn. 37902,w615-588-5396. and other source material supporting teria should the Director of OSM use

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 PROPOSED RULES 29013 to evaluate and decide whether to ap- [6560-01] Region I. Room 2103, JFK Building, Boston, Mass. 02203. prove or disapprove a proposed State ENVIRONMENTAL PROTECTION program? AGENCY SUPPLEMENTARY INFORMATION: 3. What information and data The town of Washburn operates an should the States be required to [40 CFR Part 651 open burning dump. The proposed submit in order to demonstrate that a [FRL 921-4] order addresses emissions from the proposed State program will be fully open burning dump which are subject STATE AND FEDERAL ADMINISTRATIVE to § 100.2.2 of the Maine Department enforced? ORDERS PERMITTING A DELAY IN COMPLI- of Environmental Protection Air Pol- 4. What criteria should the Director ANCE WITH STATE IMPLEMENTATION PLAN lution Control Regulations. The regu- of OSM use to evaluate whether a REQUIREMENTS lation limits the emissions of particu- State will fully enforce its State pro- Proposed Delayed Compliance Order for the late matter and carbon monoxide, and gram? Town of Washburn, Maine Is part of the federally approved AGENCY: Environmental Protection Maine State Implementation Plan. PART 735-STATE DESIGNATION OF AREAS Agency. The order requires final compliance UNSUITABLE FOR SURFACE COAL MINING with the regulation by July 1, 1979, OPERATIONS ACTION: Proposed rule. and the source has consented to its SUMMARY: EPA proposes to Issue an terms. 1. What degree of formality should administrative order to the tovn of The proposed order satisfies the ap- be required for hearings on petitions? Washburn, Maine. The order requires plicable requirements of section 113(d) 2. What should be the standard of the town to bring air emissions from of the Clean Air Act (the act). If the proof to establish the basis for a desig- its open burning dump into compli- order Is Issued, source compliance with ance with certain regulations con- nation or termination? tained in the federally approved Its terms would preclude further EPA 3. Which party, if any, should carry Maine State Implementation Plan enforcement action under section 113 the burden of proof? (SIP). Because the town is unable to of the act against the source for viola- 4. At what point, if any, after a com- comply with these regulations at this tions of the regulation covered by the pleted permit application has been re- time, the proposed order would estab- order during the period the order is in lish an expeditious schedule requiring effect. Enforcement against the source ceived should it be deemed so far final compliance by July 1, 1979. under the citizen suit provisions of the along in processing that the receipt of Source compliance with the order act (section 304) would be similarly a new petition to designate the area would preclude suits under the Feder- precluded. unsuitable will not constitute grounds al enforcement and citizen suit provi- Comments received by the date spec- sion of the Clean Air Act to deny the permit in spite of for violation ified above will be considered in deter- of the SIP regulations covered by the § 510(b)(4) of the Surface Mining Act? order. The purpose of this notice Is to mining whether EPA should is-ue the invite public comment and to offer an order. Testimony given at any public PART 781-COAL EXPLORATION OPERATIONS opportunity to request a public hear- hearing concerning the order will also ing on EPA's proposed Issuance of the be considered. After the public com- How to define the term "substantial- order. ment period and any public hearing, ly disturbed"? For example, should it the Administrator of EPA will publish be related to a specified minimum DATES: Written comments must be received on or before August 4, 1978, in the FEEiuL REGISTEP, the Agency's acreage disturbed, to the number of and requests for a public hearing must final action on the order in 40 CFR holes drilled or to some other meas- be received on or before July 20, 1978. Part 65. ure? All requests for a public hearing The provisions of 40 CFR Part 65 should be accompanied by a statement will be promulgated EPA soon, and PART 820--STATE INSPECTION AND of why the hearing would be beneficial will contain the procedures for EPA's ENFORCEMENT ACTIVITIES and a text or summary of any pro- -suance, approval, and disapproval of posed testimony to be offered at the an order under section 113(d) of the Whether or under what circum- hearing. If there is significant public act. In addition, part 65 will contain stances should a citizen be allowed to interest in a hearing, It will be held after 21 days prior notice of the date, sections summarizing orders issued, accompany State inspectors under an time, and place of the hearing has approved, and disapproved by EPA. A approved State program? been given in this publication. prior notice proposing regulations for part 65, published at 40 FR 14876 ADDRESSES: PART 822-FEDERAL INSPECTION AND Comments and requests (Apr. 2, 1975), will be withdrawn, and for a public hearing should be submit- ENFORCEMENT replaced by a notice promulgating ted to Director, Enforcement Diviion, these new regulations. What types of affirmative obliga- EPA, Region I, Room 2103, John F. Kennedy Building, Boston. Mass-. (42 U.S.C. 7413, 7601.) tions to eliminate a violation, condi- 02203, Attention: Air Compliance tion or practice should a Federal in- Clerk. Material supporting the' order Dated: June 9, 1978. spector be able to impose on an opera- and public comments received in re- REccA W. Hau=rs,, tor? sponse to this notice may be inspected Acting Regional Administrator, and copied (for appropriate charges) Region L Dated: June 30, 1978. at this address during normal businez3 In consideration of the foregoing, it hours. Is proposed to amend 40 CFR Chapter WALTER N. HEI;E, FOR FURTHER INFORMATION I, as follov: Director, Office of Surface CONTACT: Mining PART 65--DELAYED COMPLIANCE ORDERS Reclamation and En- Mir. Sam Silverman, attorney, 617- forcement 223-5600, or Mr. Robert O'Meara, 1. By adding § 65.240 to read as fol- [FR Doc. 78-18650 Filed 7-3-78; 8:45 am] engineer, 617-223-5610, both at EPA, lows:

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29014 PROPOSED RULES

§ 65.240 Federal delayed compliance satisfy all applicable regulations and proce- tion plan regulations insofar as the town of orders issued under section 113(d) (1), dures prescribed by the Maine Department Washburn Is able to comply during the (3), and (4) of the act. of Environmental Protection (DEP). period this order Is in effect. 2. "Major system components" shall mean A. Burning shall be restricted to those U.S.,ENviRONn=AL PROTECTION AGENCY all components required for the proper op- times when wind conditions are favorable eration of the solid waste facility. Such com- (considering residents living adjacent to the REGION I ponents shall include, but are not limited to: Woodland Road dump), and in no event In the matter of Washburn, Maine, pro- land, land disposal equipment, buildings, shall exceed one day per week. ceedings under section 113 of the Clean Air utilities, roadways, and fencing. B. The Woodland Road dump shall be Act, as amended, 42 U.S.C. 7413. Order No. 3. "Site location application" shall mean protected by a locked gate and a dump at- A-SS-77-560. all information required for DEP Bureau of tendant on full time duty. This order Is issued pursuant to section Solid Waste Management review of the pro- III. That the town of Washburn Is not re- 113(d)(1) of the Clean Air Act, as amended posed solid waste facility. Such information lieved by this order from compliance with (the "Act"), 42 U.S.C. 7413(d). This order is specified in chapter IV, section 406 and any requirement Imposed by the Maine Im, contains a schedule for compliance, interim 407 of the DEP Solid Waste Management plementation plan, EPA, and/or the courts requirements, and reporting requirements. Regulations (title 38, M.R.S_. section pursuant to section 303 during any period of Public notice, opportunity for a public hear- 1304). imminent and substantial endangerment to ing, and 30 days notice to the State of 4. "Site preparation" shall mean all neces- the health of persons. Maine have been provided pursuant to sec- sary physical modifications to the land~dis- IV. That the town of Washburn shall tion 113(d)(1) of the act. posal site in accordance with site engineer- comply with the following reporting re- ing and design specifications that have been quirements on or before the dates specified FINDINGS approved by the DEP. below: 1. Former § 100.2.2.of the Maine Air Pollu- 5, "Preliminary engineering" means such A. Not later than 5 days after any date for tion Control Regulations ("Regulations") studies of the hydrology, geology, soils, and achievement of an incremental step or final stated, in pertinent part, as follows. other characteristics of potential sites for compliance specified in this order. Wash- Open burning of waste of any kind shall the solid waste facility as are necessary to bum shall notify EPA in writing of Its com- be prohibited after July 1, 1974, except that determine their acceptability under Maine pliance, or noncompliance and reasons municipalities qualifying for an extension DEP Solid Waste Management Regulations. therefore, with the requirement. If delay Is under the Solid Waste Management Plan 6. "Progress report" means a written anticipated in meeting any requirement of shall cease open burning as a means of solid report outlining, as applicable, schedules for this order, the town shall Immediately waste disposal by July 1, 1975. or progress toward: Preliminary engineer- notify EPA in writing of the anticipated 2. Section 100.2.2 of the regulations is part ing, site selection, site approval by the delay and reasons therefore. Notification to of the Maine, implementation plan submit- Maine DEP, sit preparation, and purchase EPA of any anticipated delay does not ted to and approved by EPA pursuant to and delivbry of major system components. eacuse the delay. section 110 of the act. Although Maine has It is hereby ordered."I. That the town of B. All submittals and notifications to EPA revised § 100.2.2, EPA disapproved this revi- Washburn will comply with the Maine im- pursuant to this order shall be made to: Di- sion. Therefore, the implementation plan plementation plan regulations in accordance rector, Enforcement Division, U.S. Environ' remains unchanged and § 100.2.2 of the reg- with the following schedule for implementa- mental Protection Agency, J. F. K. Federal ulations is still a "requirement of an appli- tion of plans for a solid waste facility to dis- Building, Room 2103, Boston, Mass. 02203, cable plan," as that phrase is used in section pose of the Town's refuse on or before the Attention: Air Compliance Clerk. 113(a)(1) of the act. dates specified: V. That while section 113(d)(1)(C) of the 3. The town of Washburn, Maine owns A. Commence preliminary engineering not Act normally requires emission montoring and operates an open burning disposal site later than May 15, 1978. in an order, no reasonable system of emis. which receives refuse from the towns of B. Submit a progress report to the Direc- dion monitoring for the town of Washburn's Washburn, Woodland, Perham, and Wade. tor of the Enforcement Division not later open burning dump site exists. 4. On October 3, 1977, the Regional Ad- "than August 1, 1978. VI. Nothing herein shall affect the re- ministrator of EPA issued a notice of viola- C. Submit a written report to the Director sponsibility of the town of Washburn to tion, pursuant to section 113(a)(1) of the concerning the solid waste disposal alterna- comply with State, local, or other Federal act, to the town of Washburn alleging viola- tives chosen for implementation by the regulations. tion of tfte above-cited regulation. Informa- Town not later than September 15, 1978. tion received from the VII. Washburn is hereby notified that town manager of This report shall describe at a minimun failure to achieve final compliance by July Washburn, in letters dated August 9, and the following items: 1, 1979 may result in a requirement September. 9, 1977, discussing the town's to pay a 1. The solid waste disposal method select- noncompliance penalty under section 120 of open burning of refuse, served as the basis ed in detail. for the issuance of this notice. the Act. In the event of such failure, the 2. The proposed location for the solid town will be formally notified, pursuant to 5. Representatives of Washburn were af- waste facility and the site preparation forded an opportunity to confer with EPA section 120(b)(3) and any regulations pro. needed to convert the site to a solid waste mulgated thereunder, of Its noncompliance. concerning the alleged violation, in accord- facility. ance with section 113(a)(4) of the act. The VIIM This order shall be terminated In ac. 3. Estimated life of the solid waste facility cordance with section 113(d)(8) of the act if conference was held on December 14, 1977. and total cost per ton for disposal. 6. Comments made the Administrator determines on the record, by the town manager D. Submit a site location application to of Washburn at the December 1977 confer- after notice and hearing, that an inability to ence concerning the DEP for approval not later than Decem- comply with § 100.2.2 of the regulations no the town's continued open ber 1, 1978. burning indicate that the violation of longer exists. § 100.2.2 E. Submit copies of purchase orders or IX. Violation of any requirement of this of the regulations has continued lease agreements more than 30 days beyond Washburn's re- for major system compo- order shall result in one or more of the fol. ceipt of the notice of violation. nents not later than April 1, 1979. lowing actions: F. Commence site development not later A. Enforcement of such requirement pur- ORDER - than May 15, 1979. suant to sections 113(a), (b), or (c) of the G. Cease operation of the town's open act, including possible judicial action for an After a thorough investigation of all rele- burning dump in violation of all applicable vant kijunction and/or penalties and, In appro- facts, including public comment, it is State'and Federal emission limitations and priate cases, criminal prosecution. determined that the schedule for compli- commence operation of a solid waste facility B. Revocation ance set forth in this order is as expeditious of this order, after notice not later than July 1, 1978. and opportunity for a public hearing, and as practicable, and that the terms of this II. That the town of Washburn ,shall subsequent order enforcement of § 100.2.2 of the comply with section 113(d) of the act. comply with the following interim require- regulations in accordance with the preced- Definitions: For the purposes of this ments which are determined to be the best, ing paragraph. order. reasonable and practicable interim system 1. "Solid waste C. If such violation occurs on or after July facility" shall mean any of emission reduction (taking into account 1, 1979, land area or structure or combination of notice of noncmpliance and subse. the requirement for which compliance is or- quent action pursuant to section 120 of the land area and structures, used for storing, dered in section r, above), and are necessary act. salvaging, processing, reducing, or incinerat- to avoid an imminent and substantial en- X. This order is effective July 5, 1978, ing all solid waste projected to be generated dangerment to the health of persons and to by the town of Washburn. The system shall The town of Washburn, Maine consents to assure compliance with Maine implementa- the issuance of the subject order and ac-

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 PROPOSED RULES 29015

knowledges that it is a reasonable means to FOR FURTHER INFORMATION § 6.240 Federal delayed compliance comply with the applicable regulations CONTACT. orders issued under section 113(d) (1). (3), and (4) of the act. Dated: May 1, 1978. Mr. Sam Silverman, attorney, 617- SE.noN RIcHARDsoN, 223-5600; or Lfr. Robert O'Meara, U.S. ENwvo.nwiTAL Psorfc'nox A cy Authorized Source Signature engineer, 617-223-5610, both at EPA, Dour.ALs M CosTLE, Region I, Room 2103, J F. K. Build- PXGION I Administrator. ing, Boston, Mass. 02203. In the matter of Presque Isle, Maine, pro- [FR Doe. 78-18456 Filed 7-3-78; 8:45 am] ceedings under section 113 of the Clean Air SUPPLEMENTAL INFORMATION: Act, as amended 42 US.C. 1 7413, Order No. The city of Presque Isle, Maine oper- A-SS-76-449. [6560-01 ates a municipal refuse disposal facill- This order is Issued pursuant to section [40 CFR Part 651 ty. The proposed order addresses emis- 113(d)1) of the Clean Air Act, as amended (the "Act"). 42 U.S.C. 7413(d). This order EFRL 921-53 sions form the conical refuse incinerator at this facility, which are subject contains a schedule for compliance, interim STATE AND FEDERAL ADMINISTRATIVE requlrements, and reporting requirements. to section 100.4.2 of the MaineDepart- Public notice, opportunity for a public hear- ORDERS PERMITTING A DELAY IN COMPLI- ment of Environmental Protection Air Ing. and 30 days notice to the State of ANCE WITH STATE IMPLEMENTATION PLAN Pollution Control Regulations. The Maine have been provided pursuant to sec- REQUIREMENTS regulation limits the emissions of par- tion 113(d)tl) of the act. ticulate matter and Is part of the fed- Proposed Delayed Compliance Order for the Fmonscs City of Presque Isle, Maine erally-approved Maine State implementation plan. The order requires 1. Section 100.4.2(a) of the Maine Air Pol- AGENC: Environmental Protection final compliance with the regulation lution Control Regulations ("Regulations") Agency. by July 1, 1979, and the source has reads in pertinent part: consented to its terms. No person shall emit or cause to be emit- ACTION: Proposed rule. ted any particulate air contaminants from The proposed order satisfies the ap- any incinerator darker than a number 1 on SUMMARY: EPA proposes to issue an plicable requirements of section 113(d) administrative order to the city of the Ringelmann chart, excluding the emis- of the Clean Air Act (the Act). If the sion of water vapor. Presque Isle, Maine. The order re- order is issued, source compliance with 2. Section 100.4.2(a) of the regulations I- quires the city to bring air emissions its terms would preclude further EPA part of the Maine implementation plan sub- from its conical refuse incinerator into enforcement action under section 113 mltted to and approved by EPA pursuant to compliance with certain regulations of the act against the source for viola- scction 110 of the act. Maine has precluded contained in the federally-approved tions of the regulation covered by the § 100.4 of the regulations the Incinerator Maine State implementation plan order during the period the order is in Particulate Standard. from being applied to (SIP). Because the city is unable to effect. Enforcement against the source any new or existing conical incinerator con- comply with these regulations at this structed or operated by a municipality of under the citizen suit provisions of the 25.000 persons or less. However, EPA disap- time, the proposed order would estab- act (section 304) would be similarly proved this revision to the Maine implemen- lish an expeditious schedule requiring precluded. tation plan. Therefore, the implenemtaton final compliance by July 1, 1979. Comments received by the date spec- plan remains unchanged, and § 100.4.2Ca) of Source compliance with the order ified above will be considered in deter- the regulations is still a "requirement of an would preclude suits under the Feder- mining whether EPA should Issue the applicable plan" as that phrase is used in al enforcement and citizen suit provi- order. Testimony given at any public section 113(al(1) of the act. 3. The city of Presque Isle, Maine owns sion of the Clean Air Act for violation hearing concerning the order will also and operates a conical incinerator which of the SIP regulations covered by the be considered. After the public com- burns the refuze for the municipalities of order. The purpose of this notice is to ment period and any public hearing, Presque Isle, Washburn, Castle Hill, Maple- invite public comment and to offer an the Administrator of EPA will publish ton. and Chapman. opportunity to request a public hear- in the FEDERAL REGIsrt the Agency's 4. On May 10. 1977, the Regional Adminis- ing on EPA's proposed issuance of the final action on the order in 40 CFR trator of EPA Lssued a notice of violation, order. Part 65. pursuant to section 113(a)(1) of the act, to The provisions of 40 CFR Part 65 the city of Presque Isle alleging violation of DATES: Written comments must be the above-cited regulation. Obervations of will be promulgated by EPA soon, and particulate emisons from the incinerator received on or before August 4, 1978, will contain the procedure for EPA's and requests for a public hearing must In excess of the standard, made on April 5, issuance, approval, and disapproval of 1977 by an EPA certified smoke reader, were be received on or before July 20, 1978. an order under section 113(d) of the the basls for the "iuce of thls notice. All requests for a public hearing act. In addition, part 65 will contain 5. Representatives of Presque Isle were af- should be accompanied by a statement sections summarizing orders Issued, forded an opportunity to confer with EPA of why the hearing would be beneficial approved, and disapproved by EPA. A cotcerning the alleged violation, in accord- and a text or summary of any pro- prior notice proposing regulations for ance with section 113(aX4) of the act. The posed testimony to be offered at the part 65, published at 40 FR 14876 conference was held on December 14, 1977. hearing. If there is significant public (April 2, 1975), will be withdrawn, and 6. On July 22, 1977, a certified smoke reader affiliated with the Maine Depart- interest in a hearing, it will be held replaced by a notice promulgating ment of Environmental Protection (DEP) after 21 days prior notice of the date, these new regulations. again observed particulate emissions from time, and place of the hearing has (42 U.S.C. 7413, 760L) the Incinerator in excess of the standard In been given in this publication. §100A.2(a). Based upon this information, Dated: June 9, 1978. EPA finds that the violation of § 100.4.2(a) ADDRESSES: Comments and requests of the regulations has continued more than for a public hearing should be submit- REnrccA W. HaxmMER thirty days beyond Presque Isle's receipt of ted to Director, Enforcement Division, Acting Regional Administrator, the notice of violation. EPA, Region I, Room 2103, John F. RegionL Kennedy Federal Building, Boston, Mass. 02203, Attention: Air Compli- In consideration of the foregoing, It After a thorough investigation of all rele- ance Clerk. Material supporting the is proposed to amend 40 CFR Chapter vant facts, including public comment, it Is order and public comments received in I, as follows: determined that the schedule for compli- response to this notice may be ance set forth in this order Is as expeditious inspect- PART 65-DELAYED COMPLIANCE ORDERS as practicable, and that the terms of this ed and copied (for appropriate order comply with section 113(d) of the act. charges) at this address during normal 1. By adding § 65.240 to read as fol- Definitions: For the purposes of this business hours. lows: order.

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29016 -PROPOSED RULES

1. "Solid waste facility" shall mean any the requirement for which compliance is or- subsecluent enforcement of § 100.4,2() of land area or structure or combination of dered in section I, above, and are necessary the regulations in accordance with the pre- land area and structures, used for storing, to avoid an imminent and substantial en- ceding paragraph. salvaging, processing, reducing, or incinerat- dangerment to the health of persons and to C. If such violation occurs on or after July ing all solid waste projected to be generated assure compliance with § 100.4.2(a) of the 1, 1979, notice of noncompliance and subse- by the city of Presque Isle. The system shall Regulations insofar as the city is able to quent action pursuant to section 120 of the satisfy all applicable regulations and proce- comply during the period this order is in act. dures prescribed by the DEP. effect: X. This order is effective July 5, 1978, 2. "Major system components" shall mean A. During normal incinerator operation: The city of Presque Isle, Maine consents all components required for the proper op- 1. Cleanout doors shall remain closed; to the issuance of the subject order and ac- eration of the solid waste facility. Such com- 2. The underfire combustion air system knowledges that it is a reasonable means to ponents shall include, but are not limited to: shall remain in operation. comply with the applicable regulations. land, land disposal equipment, buildings, B. Regulate combustion air flow after - utilities, roadways, and fencing. normal daily operating hours so as to create Dated; May 10, 1978. 3. "Site location application" shall mean a "hot bed" for easier startup the following DouaLAs M. COSTL, all information required for DEP Bureau of day, when normal operation commences. Administrator. Solid Waste Management review of the pro- C. Ensure that personnel are available at posed solid waste facility. Such information all times while the incinerator is in oper- [FR Doe. 78-18457 Filed 7-3-78; 8:45 aml is specified in chapter IV, section 406 and ation to adjust overfire and underfire com- 407 of the DEP Solid Waste Management bustion air flows to maximize combustion [4110-35] Regulations (title 38, M.R.S.A. section efficiency and minimize emissions. 1304). III. That the city of Presque Isle is not re- DEPARTMENT OF HEALTH, 4. "Site preparation"-shall mean all neces- lieved by this order from compliance with EDUCATION, AND WELFARE sary physical modifications to the land dis- any requirements imposed by the applicable posal site in accordance with site engineer- State implementation plan, EPA, and/or Health Care Financing AdminIstration ing and design specifications that have been the courts pursuant to section 303 of the act [42 CFR Part 460] approved by the DEP. during any period of imminent and substan- 5. "Preliminary engineering" means such tial endangerment to the health of persons. PROFESSIONAL STANDARDS REVIEW studies of the hydrology, IV. That the city of Presque Isle shall geology, soils, and Designation of Professional Standards other characteristics of potential sites for comply with the following reporting re- Review the solid waste facility as are necessary to quirements on or before the dates specified Organization (PSRO) Area In Texas below- determine their acceptability under Maine AGENCY: Health Care Financing DEP Solid Waste Management A. Not later than 5 days after any data for Ad. Regulations. ministration (HCFA), HEW. 6. "Progress report" means a written achievement of an incremental step of final report outlining, as applicable, schedules for compliance specified in this order, Presque ACTION: Proposed rule. or progress toward: Isle shall notify EPA in wiring of its compli- Preliminary engineer-. SUMMARY: ing, site selection, site approval by the ance, or noncompliance and reasons there- We propose to designate Maine DEP, site preparation, and purchase fore with the requirement. If delay is antici- Texas as a single PSRO area. On Jan- and delivery of major system components. pated in meeting any requirement of this urary 9, 1976, a Federal district court It is hereby ordered: order, the city shall immediate notify EPA set aside the nine PSRO areas previ- I. That the city of Presque Isle will in writing of the anticipated delay and rea- ously designated in Texas. An amend- comply with the Maine implementation sons therefore. Notification to EPA of any ment to the area designation criteria, plan regulations in accordance with the fol- anticipated delay does not e:icuse the delay. published today at B. All 43 FR 29005, requires lowing schedule for implementation of plans submittals and notifications to EPA the designation of a single pursuant to this order shall be made to: Di- statewide for a solid waste facility to dispose of the PSRO area in any State in which no city's refuse on rector, Enforcement Division, U.S. Environ- or before the dates specified. areas had been designated as of Janu- A. Commence preliminary engineering not mental Protection Agency,.J. F. K. Federal later than May 15, 1978. Building, Room 2103, Boston, Mass. 02203, ary 1, 1978, if suitable evidence has B. Submit a progress report to the Direc- Attention: Air Compliance Clerk. been obtained to show that a majority tor of the Enforcement Division not later V. That-while section 113(d)(1)(C) of the of the physicians in the State favor a than August 1, 1978. act normally requires emission monitoring statewide area. We have obtained suit- C. Submit a written report to the Director in an order, no reasonable and economical able evidence of the views of the ma- concerning the solid waste disposal alterna- system of emission monitoring for the city jority of Texas physicians and propose tive chosen for of Presque Isle's indinerator exists because implementation by the city of this rule on th-at basis. The intent is to not later than September 15, 1978. This the relatively short period of time bef6re cessation of operation of the incinerator. make it possible to initiate the PSRO report shall describe at a minimum the fol- program, already delayed for 5 years, lowing items: VI. Nothing herein shall affect the re- 1. The solid waste disposal method select- sponsibility of the city of Presque Isle to in Texas. ed, in detail. comply with State, local, or other Federal regulations. DATES: Consideration will be given to 2. The proposed location for the solid written comments and suggestions re- waste facility and the VII. Presque Isle is hereby notified that site preparation failure to achieve ceived on or before September 5, 1978. needed to convert the site to a solid waste final compliance by July 1, 1979 may result in a requirement to pay a ADDRESSES: Address comments facility. noncompliance to: 3. Estimated life of the solid penalty under section 120 of Steven waste-facility the act. In the event of such failure, the city A Suard, Health Care Financ- and total cost per ton for disposal. ing Administration, Room 13A19, D. Submit final site engineering plans will be formally notified, pursuant to sec- to tion 120(b)(3) and any regulations promul- Parklawn Building, 5600 Fishers Lane, the DEP for approval not later than Decem- gated thereunder, of its noncompliance. Rockville, Md. 20856. In communica- ber 1, 1978. VIII. This order shall tion, please refer to file E. Submit copies of purchase orders'or be terminated in ac- code HSQ-52- cordance with section 113(d)(8) of the act if P. Comments will be available for lease agreements for major system compo- the Administratordetermines on nents the record, public inspection beginning approxi- not later than April 1, 1979. after notice and hearing, that an inability to F. Commence site development not later mately two weeks after publication, in comply with § 100.4.9 of the regulations no room 16A-55 than May 15, 1979. longer exists. of the Department's of- G. Cease operation of the city's conical IX. Violation fices at 5600 Fishers Lane, Rockville, refuse of any requirement of this incinerator in violation of all applica- order shall result in one or more of the fol- Md. on Monday through Friday of ble State and Federal emissions limitations lowing actions: each week from 8:30 a.m. to 5 p.m., and commence operation of a solid waste fa- A. Enforcement of such requirement pur-. telephone 301-443-3880. cility not later than July 1, 1979. suant to sections 113 (a). (b), or (c) of the II. That the city of Presque Isle shall act, including possible judicial action for an FOR FURTHER INFORMATION, comply with the following interim require- injunction and/or penalties and, in appro- CONTACT: ments which are determined to be the best priate cases, criminal prosecution. reasonable and practicable interim system B. Revocation of this order, after notice Steven A Suard, telephone 301-443- of emission reduction, taking into account and opportunity for a public hearing, and 6477.

FEDERAL REGISTER, VOL 43, 'NO. 129-WEDNESDAY, JULY 5, 1978 PROPOSED RULES 29017 [6315-01 assignment. Petitioner, Melvin Pulley, SUPPLEMENTARY INFORMATION: states the proposed station could bring On March 18, 1974, we published regu- CommLinity Services Administration a first local aural broadcast service to lation in the FEDERAL REGISTER (39 FR [45 CFR Part 1061] Olivia and Renville County. 10204) containing six criteria to be [c SA Instruction 6005-2] DATES: Comments must be received considered by the Secretary in desig- CHkRACTER AND SCOPE OF on or before August 22, 1978, and comments must be received on PSRO areas (42 CFR 460.2). SPECIFIC PROGRAMS Reply nating or before September 11, 1978. PSRO Based upon these criteria, nine ricipation Grant Program-Fiscal areas were established in Texas. How- Citien Pa, ADDRESSES: Federal Communica- Year 1978 tions Commission, Washington, D.C. ever, in Texas Medical Association, et Community Services Ad- 20554. aL v. Weinberger (U.S.D.C., W.D. of AGENCY. the United ministrati )n. FOR FURTHER INFORMATION Texas, No. A-74-CA-102), Mildred B. Nesterak, ACTION. Amendment to proposed CONTACP. States District Court, on January 9, Broadcast Bureau, 202-632-7792. 1976, set aside the nine established rule. On June'16, 1978, the SUPPLEMENTAL INFORMATION: PSRO areas and instructed us to rede- SUMMAR Y: Communit y Services Administration Adopted: June 23, 1973. signate PSRO areas in Texas. Despite at published in the FEDERAL REGISTER 7, 1978. considerable efforts, we have not been 43 FR 260'79 a proposed rule governing Released: July able to do so in a legally acceptable the citize a participation grant pro- By the Chief, Broadcast Bureau: manner. gram-fiscal year 1978. This amend- 1. Petitioner, Proposal, Comments: ment to t]he rule changes the timeta- (a) Petition for rulemaking,' filed Oc- Published today at - is a final reg- ble (§ 1061.60-10) to provide additional tober 28, 1977, by Melvin Pulley ("peti- ulation amending the area designation time for applicants to develop and tioner"), proposing the assignment of eir The new re- Olivia, Minn., as that That amendment authorizes submit th applications. Channel 269A to criteria. e for funding requests Is community's first FM assignment. designation of a single statewide area ceipt dab 15,,1978. (b) The channel could be assigned in two requirements are met: (1) August when original conformity with the minimum dis- finally desig- DATE: Al 1 comments on the No PSRO areas had been rule, as amended, received tance separation requirements. nated in the State as of January 1, priorproposed to J will be consid- (c) Petitioner states he will file an uly 17, 1978, if as- (2) suitable evidence has ered in drvating the final rule. application for the channel 1978; and- signed. However, on February 6, 1978, been obtained that a majority of the ADDRES S: Please addfess all com- a Supplemental Initial Decision was physicians in the State favor a ments to: Mls. Faye Rattner, Chief, isued in Docket No. 20219 (FCC 78D- statewide area. No PSRO areas have Policy De velopment and Review Dlvi- 5) in a proceeding involving a basic been designated in Texas because of sion, Cornmunity Services Administra- character qualifications issue raised in 19th Street NW., Washing- application for a the lawsuit described above. The tion, 1200 connection with his 20506. new FM station at Philadelphia, Miss. second requirement had been met by ton, D.C. I JRTBER INFORMATION In that proceeding petitioner dean advisory poll of Texas physicians. FOR Ft faulted, stating he did not intend to The results showed an overwhelming CONTAC proceed. In light of this situation he (86 percent) physician preference for a Ms. Falye Rattner, telephone 202- should clearly establish that he in- I. single statewide PSRO designation. 254-528( tends to apply for the channel pro- (Sec. 602.78 Stat. 530.42 U.S.C. 2942.) posed herein, if assigned to Oliva, such applica- to designate Propose Minn- and to prosecute Accordingly, we propose d 45 CFR 1061.60-10 is tion once filed.7 a single statewide PSRO area in amended as follows: In line 1 strike 2. Community Data.-(a) Location: Texas. "July 7" and insert "August 15". In Olivia seat of Renville County, is lo- line 4 strike "July 10-14" and Insert cated approximately 142 kilometers "Week 42 CFR Part 460 is amended by re- "Septemb er 1". In line 6 strike (88 miles) west of Minneapolis, Mn vising § 460.48 to reads as follows: of July 1' I" and insert "Week of Sep- (b) Population: Olivia-2,553; Ren- tember 4" ville County-21,139.3 § 460.48 Texas G tACIELA (GRACE) OLIVARZ, (c) Local BroadcastService: There is ActingDirector. no aural broadcast service in Olivia or The State of Texas is designated as a EM Do 78-18428 FIled 7-3-78; 8:45 am] Renville County. Considerations: Peti- single Professional Standards Review 3. Economic tioner states that Olivia, the largest Organization Area. [6712-01 community in Renville County, serves trade area of more than (Sec. 1152 of the Social Security Act, 42 RAL COMMUNICATIONS a prime retail U.S.D. 1320c-1; sec. 1102 of the Social Secu. FEDEI 1.000 square miles with annual retail rity Act, (42 U.S.C. 1302).) COMMISSION sales averaging more than.$30,000,000. [47 CFR Part 73] He notes that present industrial pro- Dated:June 2, 1978. [BC ) RM-30073 duction ranges from food to plastic ocket No. 78-187; binders. Petitioner claims that the ROBERT A DERZON, FM BROAl DCASt STATION IN OLIVIA, MINN. Olivia Chamber of Commerce and Administrator,Health Care Psoposed Changes in Table of Assignments Greater Olivia, a community develop. FinancingAdministration. AGENCY: Federal Communications Commissi of the petition was given on CTIN:on. 'Public notice Xpproved: June 28, 1978. ACTION: Notice of proposed rulemak- Dec 14.19T7 Report No. 1039. 2Any character Issue arising can better be JOSEPH A. CALIFAwo, Jr., ing. dealt with in the context of that application Secretary. SUIMAI Y: Action taken herein pro- rather than here. poses the assignment of a class A FM 3Population figures are taken from the 1970 U.S. Census. FR Doc. 78-18449 Filed 7-3-78; 8:45 am] channel t4DOlivia, Minn., as a first FM

FEDEL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 197S 29018 PROPOSED RULES ment corporation, are most active in comments herein. If they are filed later By the Chief, Broadcast Bureau: the promotion of new and expanding than that, they will not be considered in 1. Petitioner, Proposal and Com- industries. In support of his proposal, connection with the decision In this docket. ments: (a) Petition for rulemaking' petitioner submitted information with 4. Comments and reply comments; filed September 6, 1977, by Quincy respect to recreation, churches, medi- service. Pursuant to applicable proce- Valley Broadcasters, Inc. ("petition- -cal facilities, transportation, and gov- dures set out in sections "1.415 and er"), proposing the assignment of FM ernment in the area. 1.420 of the Commission's rules and Channel 257A to Aberdeen, Wash., as 4. In light of the foregoing informa- regulations, interested parties may file its second assignment. tion and the fact that the proposed comments and reply comments on or before the dates set forth in the (b) The channel could be assigned to FM channel would bring a first aural Aberdeen in conformity with the mini- broadcast service to Olivia and Ren- Notice of Proposed Rulemaking to mum distance separation require- ville County, the Commission proposes which this appendix is attached. All submissions by parties to this proceed- ments. to amend the FM Table of Assign- (c) Petitioner states It will promptly ments, section 73.202(b) of the rules, ing or persons acting on behalf of such parties must be made in written com- make application for the channel, If with regard to Olivia, Minn., as fol- assigned. lows: ments, reply comments, or other appropriate pleadings. Comments shall 2. Community Data.-(a) Location: City and Channel No. be served on the petitioner by the Aberdeen, in Grays Harbor County, Is located approximately 129, kilometers Olivia, Minn.; Present: =-; Proposed: 269A. person filing the comments. Reply comments shall be served on the (80 miles) southwest of Seattle, Wash., 5. Authority to institute rulemaking person(s) who filed comments to and 177 kilometers (109 miles) north- proceedings; showings required; cutoff which the reply is directed. Such com- west of Portland, Oreg. procedures and filing requirements (b) Population: Aberdeen-18,4890 ments and reply comments shall be ac- 2 are contained in the attached Appen- companied by a certificate of service. Grays Harbor County-59,553. dix and are incorporated herein. (See § 1.420 (a), (b), and (c) of the (c) Local Broadcast Service: Aber- NoTE.-a showing of continuing Interest Is Commission rules.) deen is presently served locally by two required by paragraph 2 of the appendix 5. Number of copies. In accordance with full-time -AM stations (KBKW and before a channel will be assigned-see para- the provisions of section 1.420 of the Com- KXRO). It also has a class C FM sta- graph 1(c) above. mission's rules and regulations, an original tion operating on Channel 284 and four copies of all comments, reply com- (KDUX-FM). 6. Interested parties may file comments, pleadings, briefs, or other documents 3. Economic Considerations: Peti. ments on or before August 22, 1978, shall be furnished the Commission. 6. Public inspection of filings. All filings tioner asserts that the Washington and reply comments on or before Sep- Census Board projects an increase for tember 11, 1978. made in this proceeding will be available for examination by interested parties during Grays Harbor County to 74,374 by FEDERAL CosmmuNicATIoNs regular business hours in the Commission's 1985. We are told that the principal COMMISSION, Public Reference Room at its headquarters, products of the Grays Harbor area are WALLACE E. JOHNSON, 1919 M Street NW., Washington, D.C. pulp, paper, plywood, and lumber, Chief,Broadcast Bureau. [El Doe. 78-18491 Filed 7-3-78; 8:45 am) with the working force varying between 22,000 and 24,000, of which one- APPENDIX third is employed in forest products 1. Pursuant to authority found in sections [6712-01] and allied industrles. Petitioner states 4(I), 5(d)(1), 303 (g) and (r), and 307(b) of that crab fishing and processing Is also the Communications Act of 1934, as amend- [47 CFR Part 73] ed, and aection 0.281(b)(6) of the Commis- a significant source of income, as is sion's rules, it is proposed to amend the FMV [BC Docket No. 78-186; RM-2986] the cranberry industry. Petitioner has submitted detailed information with Table of Assignments, section 73.202(b) of FM BROADCAST STATION IN ABERDEEN, the Commission's rules and regulations, as respect to the area's economic activi- set forth in the Notice of- Proposed Rule- WASH. ties, school system, churches, civic or- making to which this appendix is attached. Proposed Changes in Table of Assignments ganizations, and recreation in order to 2. Showings required. Comments are invit- demonstrate the need for an addition- ed on the proposal(s) discussed in the Notice AGENCY: Federal Communications al FM assignment. of Proposed Rulemaking to which this ap- Commission. pendix is attached. Proponent(s) will be ex- 4. Preclusion Study: Petitioner's en- pected to answer whatever questions are ACTION: Notice of proposed rulemak- gineering study shows that as a result presented in initial comments. The propo- ing. of the proposed Channel 257A assign- nent of a proposed assignment is also ex- SUMMARY: Action taken herein pro- ment to Aberdeen, preclusion would pected to file comments even if it only re- poses the assignment of a.class A PM occur only on the proposed channel, submits or incorporates by reference its involving a small area which Includes former pleadings. It should also restate its channel to Aberdeen, Wash. The proposed assignment could provide for a the sizable community of Hoquiamn. present intention to apply for the channel if This is not an Impediment since Ho- it is assigned, and, If authorized, to build the station which could render a second station promptly. Failure to file may lead to local FM broadcast service to Aber- quiam has a class A F station In op- denial of the request. deen. eration. 3. Cutoff procedures. The following proce- 5. Additional Considerations: The dures will govern the consideration of fil- DATES: Comments -must be received proposed assignment would result In ings in this proceeding.' on or before August 22, 1978, and intermixing a class A with a class C (a) Counterproposals advanced in this pro- Reply comments must be received on channel. The Commission has a policy ceeding itself will be considered, if advanced or before September 11, 1978. of avoiding such Intermixture In the in initial comments, so that parties may classes of FM channel assignment, but comment on them in reply comments. They ADDRESS: Federal Communications will not be considered if advanced in reply Commission, Washington, D.C. 20554. exceptions have been made when a comments. (See § 1.420(d) of Commission class C channel Is unavailable and the FOR FURTHER INFORMATION petitioner is willing to apply for the rules.) CONTACT: Mildred B. Nesterak, (b) With respect to petitions for rulemak- Broadcast Bureau, 202-632-7792. Ing which conflict with the proposal(s) in 'Public notice of the petition was given on this notice, they will be considered as com- SUPPLEMENTARY INFORMATION: Nov. 7, 1977, Report No. 1088. ments in the proceeding, and public notice 2Population figures are taken from the to this effect will be given as long as they Adopted: June 23, 1978. 1970 U.S. Census, unless otherwise Indlcat. are filed before the date for filing initial Released: July 7, 1978. ed.

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 PROPOSED RULES 29019 class A channel in spite of the inter- (b) With respect to petitions for rulemak- allow the Service to deal with unusual mixture situation. Yakima, Washing- Ing which conflict with the proposal(s) In circumstances which might otherwise ton, 45 FCC 2d 548, 550 (1973); Key this notice, they will be considered as com- work against the long-term welfare of ments in the proceeding, and public notice the wolf. Wes, .Florida, 45 FCC 142, 145 (1974). to this effect will be given as long as they Since no class C channel is available are filed before the date for filing Iniltial DATE: Relevant comments on this and petitioner is willing to apply for comments herein. If they are filed later proposal, received no later than and operate on Channel 257A at Aber- than that, they will not be considered In August 31, 1978, will be considered by deen, Wash., this assignment could be connection with the decision In this docket. the Director. made. 4. Comments and reply comments; service. 6. Since Aberdeen, Wash., is located Pursuant to applicable procedures set out in ADDRESSES: Comments, preferably within 420 kilometers (250 miles) of sections 1A15 and 1.420 of the Commission's In triplicate, should be sent to Direc- the U.S.-Canada border, concurrence rules and regulations, interested parties tor (OES), Fish and Wldlife Service, may file comments and rely comments on or U.S. Department of the Interior, .of the Canadian Government must be before the dates set forth in the Notice of obtained before the assignment of Washington. D.C. 20240. Comments Proposed Rulemaking to which this appen- received will be available for public in- Channel 257A could be adopted. dix is attached. All submissions by parties to 7. In view of the above, the Commis- this proceeding or persons acting on behalf spection during normal business hours sion proposes to amend the FM Table of such parties must be made In written at the Service's Office of Endangered of Assignments, section 73.202(b) of comments, reply comments, or other appro- Species, Suite 1100, 1612 K Street the Commission's rules, with regard to priate pleadings. Comments shall be served NW., Washington D.C. 20240. Aberdeen, Wash., as follows: on the petitioner by the person filing the FOR FURTHER INFORMATION comments. Reply comments shall be served CONTACT: City and Channel No. on the person(s) who filed comments to which the reply is directed. Such comments Mr. Keith M.L Schreiner, Associate Aberdeen, Wash.; Present: 284; Proposed: and reply comments shall be accompanied Director-Federal Assistance, Fish 257A, 284. by a certificate of service. (See § 1.420 (a), and Wildlife Service, U.S. Depart- 8. The Commission's authority to in- (b), and (c) of the Comnl-son rules.) 5. Number of copic. In accordance with ment of the Interior, Washington, stitute rulemaking proceedings; show- the provisions of section 1.420 of the Com- D.C. 20240, 202-343-4646. ings required; cutoff procedures; and mlssion's rules and regulations, an original SUPPLEMENTARY INFORMATION: filing requirements are contained in and four copies of all commentz, rcply com- the attached Appendix and are incor- ments, pleadings, briefs, or other documents BACKGROU1'D porated herein. shall be furnished the Commslton. 6. Public inspcction of filings. All filings Prior to April 10, 1978, the gray wolf Nor-A showing of continuing interest is made in this proceeding will be available for in Minnesota was listed as an endan- required by paragraph 2 of the appendix before a examination by interested parties during gered species, pursuant to the Endan- channel will be assigned. regular business hours In the Commlizon's gered Species Act of 1973 (16 U.S.C. 9. Interested parties may file com- Public Reference Room at Its headquarters, ,91531 et seq.). However, in a final ru- ments on or before August 22, 1978, 1919 Al Street NW., Washington. D.C. lemaking published in the March 9, and reply comments on or before Sep- [FR Doc. 78-18492 Filed 7-3-78; 8:45 am] 1978, FzDEnAL REGiSERp (43 FR 8607), tember 11, 1978. the Service removed the gray wolf in Minnesota from the endangered spe- FEDERAL COrmIMM CATIO14S [4310-551 COM5UISION cles list and placed it on the threat- WALLACE E. JOm;soN, DEPARTMENT OF THE INTERIOR ened species list. Osewhere in the Chief,Broadcast Bureau. United States, south of Canada, the Fish and Wildlife Servic gray wolf was placed on the endan- APPENDrx (50 CFR Port 171 gered species list. 1. Pursuant to authority found in sections The prohibitions of 50 CFR 17.31 4(i), 5(d)(1), 303 (g) and (r). and 307(b) of ENIDANGERED AND THREATENED WIW LIFE which apply to threatened species, are the Communications Act of 1934, as amend- AND PLANTS essentially the same as those for ened, and section 0.281(b)(6) of the Commis- dangered species, except that "any em- sion's rules, it is proposed to amend the FM Proposed Regulations for the Eastern Timber ployee or agent of the Service, the Na- Table of Assignments, section 73.202(b) of Wolf tional Marine Fisheries Service, or of a the Commission's rules and regulations, as State conservation agency which is op- set forth in the Notice of Proposed Rule- AGENCY: Fish and Wildlife Service, Interior. erating under a cooperative agreement making to which this appendix is attached. with the Service or with the National 2. Showings required.Comments are invit- ACTION: Proposed rule. ed on the proposal(s) discussed in the Notice Marine Fisheries Service, in accord- of Proposed Rulemaking to which this ap- SUMMARY: The Service proposes an ance with section 6(e) of the act, who pendix is attached. Proponent(s) will be ex- elaboration of the special regulations Is designated by his agency for such pected to answer whatever questions are concerning the taking of gray wolves purposes may, when acting in the presented in initial comments. The propo- in Minnesota which were contained in course of his official duties, take any nent of a proposed assignment is also ex- its earlier final rulemaking that pro- threatened wildlife to carry out scien- pected to file comments even if it only re- tific research or conservation pro- submits or incorporates by reference its vided for the reclassification of the former pleadings. It should also restate Its gray wolf in the United States and grams." In accordance with 50 CFR present intention to apply for the channel if Mexico. The proposal is deemed neces- 17.32, permits for threatened wildlife it is assigned, and, if authorized, to build the sary to respond to sittiatlons where are available for scientific purposes, station promptly. Failure to file may lead to there have been unusually large num- enhancement of propagation or surviv- denial of the request. bers of depredations or other wolf/ al. economic hardship, zoological exhi- 3. Cutoff procedures. The following proce- human conflicts. In such cases, if bition, educational purposes, or special dures will govern the consideration of fil- taking of wolves could be allowed purposes consistent with the purposes ings in this proceeding. without any adverse consequences to of the act. (a) Counterproposals advanced in this proceeding itself will be considered, if advanced the overall wolf population in the The Service's special regulations in initial comments, so that parties may area, the proposal would allow the concerning depredation control pro- comment on them in reply comments. They legal taking of wolves without regard vide that designated employees and will not be considered if advanced in reply to whether the particular wolf or pack agents of the Service and the Minneso- comments. (See § 1.420(d) of Commission taken could be tied to a particular dep- ta Department of Natural Resources rules.) redation or conflict. It therefore would are authorized to "take a gray wolf

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29020 PROPOSED RULES without a permit in Minnesota if such for Animals v. Andrus, Civil No. 5-78- termine a "species" to be endangered action is necessary to remove from 66 (D. Minn., filed June 12, 1978), that or threatened because of any of five zones 2, 3, 4, 'or 5 as delineated by 50 its special regulations presently give it factors. The factors, and their applica- CFR 17.40(d)(1), a gray wolf commit- the authority to take such actions. tion to the gray wolf in Minnesota, are ting significant depredations on law- However, doubts on this point have discussed below. fully present domestic animals, but been expressed in a number of quar- 1. The present or threatened destruc- only if the taking is done in a humane ters, and the Service therefore believes tion, modification, or curtailment of manner." (50 CFR § 17A0(d)(2)(i) that the public interest will be best its habitat or range. The Service's (B)(4).) served by clarifying the situation. analysis of the gray wolf's population This provision was adopted because, In the proposal, the Service is not and habitat, throughout the United in the Service's view, sound conserva- committed to any single course of States and Mexico, in its March 9, tion programs will be significantly action with respect to the wolves it 1978, final rulemaking, and in its pro- hampered if in areas inhabited by proposes to remove. If translocation of posed rulemaking of June 9, 1977 (42 wolves, large, segments of the public some wolves is possible, in a sound, PR 29527), remains valid. In Minneso- believe that wolves pose a significant planned program, the attractiveness of ta, the gray wolf population, although threat to human livelihood, and that that alternative is obvious. However, small compared to the gray wolf's the responsible authorities will do 'translocation into other areas of original numbers In the lower 48 nothing to help. In saying this, the northern Minnesota is clearly not a States, has not itself undergone a sig- Service does not accept, or -propose to sound program, in light of the fact nificant decline since about 1900, and act. upon, unsubstantiated fears; and (discussed below) that the areas of the within the last decade has apparently the Service would not, under any cir- State which consititute the best wolf increased both in overa1l numbers and cunstances, take actions which would habitat, such as the Superior National in total range. have adverse consequences to the Forest, presently contain as many However, in the context of this rule- wolf's numbers in any zone or zones wolves as they can carry. making certain additional analyss is within Minnesota. Rather, it believes The Service will pursue the possibil- necessary. Within the various zones of that if the past and probable future ity that wolves can be translocated to northern Minnesota, as defined by the actions of wolves in a particular area areas outside Minnesota, but there is Service's final rulemaking of March 9, cause legitimate public fears, and if little likelihood that it can soon trans- 1978, the trends In the wolf's numbers wolves in those area can b& managed- locate large numbers of wolves to such vary. In zone 1, which comprises the by translocation, by placement in zoos, areas. The "process of gaining neces- northeastern area of the State, and is or if no other alternative is available, sary public acceptance of translocation one of the two Identified areas of criti- by destruction-without thereby dam- or reintroduction efforts, and of cal habitat for the species, the wolf's aging the overall wolf population in making appropriate changes in the population has apparently been de- the area, the cause of wolf conserva- laws of the recipient States, is demon- clining slightly in recent years, princl tion is well served. strably a slow one, and even when pally because of a decline in the avail- At the time the Service adopted the such efforts are complete the numbers able numbers of prey species. Howev- above-quoted special regulations con- of wolves which probably can be er, in areas of north-central and cerning depredating wolves, the Serv- moved, in such efforts, will be small. northwestern Minnesota, including ice believed that the regulations' pro- Difficulties will also impede large areas which are peripheral wolf habi- visions were broad enough to solve the scale movements of wolves to zoologi- tat because of their relatively heavy problems in Minnesota involving con- cat institutions or research facilities: concentrations of human activity,, wolf flicts between wolves and human Wolves breed relatively well in captiv- numbers have been increasing In beings. However, subsequent events ity, so although zoos and researchers some areas, this increase has resulted have suggested that an elaboration of do occasionally need wolves, in the in concentrations of wolves which may the regulations may be necessary. Spe- long run their demand will be small. now exceed the carrying capacity of cifically, the Service is confronted Thus, although the Service will con- the habitat, unless the wolves can prey with a situation in a small area of zone tinue to consider the foregoing op- on domestic livestock. In the recent 4 in northern Minnesota, where there tions, it seems likely that some of the past, the principal case in point has has been a highly unusual history of wolves which the Service would take, been a small area of zone 4 where five wolf depredation on domestic live- when dealing with highly unusual or more wolf packs have occupied an stock, where there have been and overpopulation problems, will be de- area near one large cattle farm. In probably still are many more wolves stroyed for want of a viable alterna- 1976, the farmer lost substantial num- than the habitat can or should carry, tive. bers of cattle despite the fact 'that and where it is therefore clear that Suutwuy oF FAcToRs AFRFECTING TH trappers employed by the Service re- significant depredations Will continue SPECIES peatedly returned to the farm, ulti- unless the wolves' numbers are re- mately trapping and removing a total duced. As defined in section 3 of the Endan- of 31 wolves. In 1977, the farmer lost In such a situation, the Service be- gered Species Act, the term "species" only one calf, but that result was lieves that tlae sound course is not to includes any subspecies of fish or wild- clearly the product of the Service's wait for the inevitable, but to remove life or plants and any other group of trapping program: The Service some wolves in an attempt to make fish and wildlife of the same species or trapped and removed a total of 34 their numbers more closely approxi- smaller taxa in common spatial ar- wolves.from the area. The Service be- mate the density which the habitat rangement that interbreed when lieves that this history demonstrates should support-provided that the mature (16 U.S.C.\ 1532(11)). As with that there will occasionally be a situa- overall wolf population in the area will the Service's March 9, 1978, final rule- tion In Minnesota where unusual con. not be thereby adversely affected. making, for the purposes of this pro- centrations of wolves in a settled area This is the philosophy adopted by the posal the gray wolf group in Minneso- will make large numbers of wolf/ wolf recovery plan, which the Service ta is being considered as a "species" human conflicts inevitable, and that recently approved. separate from the gray wolf group In the Service's regulations should be Since the promulgation of its special the other 47-conterminous States and flexible enough to deal with those un- regulations, the Service has taken the Mexico. The proposed rulemaking usual cases. position in two legal actions-Brzoz- does not affect the latter group. 2. Overutilization for commercial, nowski v. Andrus, Civil No. 5-77-19 (D, Section 4(a) of the act states that sporting, scientific, or educational Minn., filed Feb. 16, 1977), and Fund the Secretary of the Interior may de- purposes. As the Service's earlier rule-

.FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 PROPOSED RULES 29021

making documents state, direct killing the Interior, Washington, D.C. 20240. poses, may, when acting in the course by man has been the major factor in All relevant comments received no of his official duties, take" a gray wolf the decline of wolves in the United later than August 22, 1978, will be con- in Minnesota without a permit if such States, and wolves are still regularly sidered. The Service will attempt to action is necessary to: shot, illegally, in Minnesota. The Serv- acknowledge receipt of comments, but (1) Aid a sick, injured, or orphaned ice believes that one principal reason substantive responses to individual specimen; or for the extent of this activity is the comments may not be provided. Com- (2) Dispose of a dead specimen; or belief, among otherwise law-abiding ments received will be available for (3) Salvage a dead specimen which persons, that their interests can be public inspection during normal busi- may be useful for scientific study;, protected from wolves in no other ness hours at the Service's Office of (4) Such designated employees or way. Endangered Species, Suite 1100, 1612 agents of the Service or the Minnesota 3. Disease or predation.Not applica- K Street NW., Washington, D.C. Department of Natural Resources may ble. 20240. 4. The inadequacy of existing regula- also take a gray wolf without a permit This proposed rulemaking is Issued in Minnesota if such action is neces- tory mechanisms. As the Service has under the authority contained In the noted above, if its regulations are in- sary to remove from zone 2, 3, 4, or 5, Endangered Species Act of 1973, 16 as delineated In paragraph (d(1) of terpreted as not giving it sufficient U.S.C. 1531-1543; 87 Stat. 884, and was latitude to deal with the occasional, this section. a gray wolf committing prepared by Ronald E. Swan, Office of significant depredations on lawfully highly unusual instances of overcon- the Solicitor, and John E. Jacobson, centrations of wolves, where there has present domestic animals, but only if Office of the Field Solicitor, Twin the taking Is done in a humane been a great deal of depredation and Cities. where there is every indication that it manner;, will continue at the same rate, it lacks NoT&.-The Fish and Wildlife Service has (5) Such designated employees or sufficient flexibility to properly con- determined that this document does not agents of the Service or the Minnesota serve the wolf in northern Minnesota. contain a major proposal requiring prepara- Department of Natural Resources may tion of an economic Impact statement under also take gray wolves without a permit 5. Other natural and manmade fac- Executive Order 11949 and OMB Circular tors affecting its continued existence. A-107. In zones 2, 3, 4, or 5 in Minnesota if None in addition to those discussed the Director, in writing, makes all of above. Dated: June 27, 1978. the following findings: (i) In the recent past there have been unusually EFFEcTs OF THE RuLEMANG Lmr A. GnEENwAT, Director, large numbers of wolf/human con- An environmental assessment has Fish and Wildlife Service. flicts in a particular area, (ii) based on been prepared in conjunction with this the numbers of wolves apparently proposal. It is on file in the Service's Accordingly, part 17, subpart D, title present in the area, there is a substan- Office of Endangered Species, 1612 K 50 of the Code of Federal Regulations tial likelihood that the unusually large Street NW., Washington, D.C. 20240, are proposed to be amended as set numbers of such conflicts will contin- and may be examined during regular forth below. ue If some wolves are not removed, business hours. A determination will Section 17.40(d)(2)(i)(B) Is proposed and (iii) wolves can be taken in the be made at the time of final rulemak- to be amended to read as follows: area without there being any adverse ing as to whether this is a major Fed- consequences to the wolfs numbers in eral action which would significantly § 17A0 Special rules--Mammals. the particular zone where the conflicts affect the quality of the human envi- have existed. Taking authorized by ronment within the meaning of sec- this provision must be done in a tion 102(2)(C) of the National Envi- (d)* * . humane manner, and will occur as ronmental Policy Act of 1969. Cd)* close to the particular area affected by (2)* the conflicts as will afford the area a SUBMri-TAL OF WRlrTEN CoMxars (i)*** reasonable degree of protection; and Interested persons may participate (B) Any employee or agent of the the taking must cease immediately in this rulemaking by submitting writ- Service, any other Federal land man- when the Director is no longer able to ten comments, preferably in triplicate, agement agency, or the Minnesota De- make all of the three above-listed find- to the Director (FWS/OES), Fish and partment of Natural Resources, who Is ings. Wildlife Service, U.S. Department of designated by his agency for such pur- IF Dcc. 78-18459 Filed 7-3-78; 8:45 am]

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29022 notices

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

[4310-10] [3419-30] mitted by a State educational agency DEPARTMENT OF AGRICULTURE that administers an FNS child nutrl- ADVISORY COUNCIL ON HISTORIC tion program. PRESERVATION Food and Nutrition Service 2. Project plans shall include model and innovative approaches that inte- PUBLIC INFORMATION MEETING NUTRITION EDUCATION, DEMONSTRATION, grate nutrition education activities AND DEVELOPMENT PROJECTS into the child nutrition programs and Notice Is hereby given in accordance that inform children about the nutri- with section 800.5(c) of the Council's Plans for Use of Funds tional value of foods, and the relation- Procedures for the Protection of His- Notice is hereby given that the Food ship of nutrition to growth, develop- toric and Cultural Properties" (36 and Nutrition Service (FNS), U.S. De- ment, health, and other considerations CFR Part 800), that on July 20, 1978, partment of Agriculture, plans to pro- necessary for individuals to make wise at 7 p.m., a public information meeting vide funds through grants to States food choices. Child nutrition programs will be held at Plummer Park, 1200 N. for conducting experimental or dem- include any or all of the following: Na- onstration projects to teach children tional school lunch program, school Vista Street, Los Angeles, Calif. The the nutritional value of foods and the breakfast program, and child care food purpose of this meeting is to provide relationship of nutrition to human program. an opportunity for representatives of health; and through grants to States, Project plans must also include, but public and private organizations, and or contractual agreements with non- are not limited to, the identification interested citizens to receive informa- profit institutions, universities, or pri- of: tion and express their views on the vate organizations for evaluation a. Measurable objectives, identified methodologies, research, and develop- subject matter areas, instructional proposed Pan Pacific Park, an under- methodologies, and instructional ma- taking of the County of ment projects relevant to nutrition Los Angeles education for children. The projects terials that will be used. with assistance from the Community are funded under section 18 of the b. Techniques to be used for evalua- Development Block Grant program of Child Nutrition Act of 1966 (CNA) (42 tion of the effectiveness of the meth- the Department of Housing and Urban U.S.C. 1787). odology, learning experiences, 4otivi- Development, that will adversely A total of $1,000,000 is included in ties, and materials. The evaluation affect the Pan Pacific Auditorium, a the Department's appropriation for component shall include methodolo- nutrition education demonstration gies to assess the effectiveness of the property included in the National Reg- innovative and model approaches in ister of Historic Places. and development projects for the terms of changes in children's nutri- The following is a summary of the fiscal year 1978 beginning October 1, 1977. Of this amount, $200,000 has tion knowledge and whatever possible agenda of the public information been set aside for grants to State edu- demonstrated increases in acceptance meeting. cational agencies only. Priority will be of nutritious food, Project plans I. An explanation of the procedures and given to projects which are anticipated should address pretestingiand post- purpose of the meeting by a representa- to have findings with national or re- evaluation plans. tive of the Executive Director of the gional, implications. Funds in the c. Local school districts or sponsor- Council. amount ing agencies who will participate in II. An explanation of the undertaking and of approximately $250,000 are the conduct of the projects. an evaluation of its effects on the prop- earmarked for cooperative agreements d, Number of children to be reached erty by the County of Los Angeles. or other contractual arrangements in and ages involved with Justification. I. A statement by the California State His- the areas of evaluation methodologies e. Plans for incorporating the nutri- toric Preservation Officer. and other projects relevant to innova- tion project with one or more'child nu. IV. Statements from local officials, private tive approaches to nutrition education trition programs for a coordinated nu- organizations, and the public on the ef- for children. The use of the remainder trition education experience involving fects of the undertaking on the proper- of the funds ($550,000), principally to ty. develop materials and techniques for food service personnel in appropriate V. A general question period. activities. Such programs may include thd innovative presentation of nutri- innovative and model approaches for Speakers should limit their state- tional information through media will encouraging children to develop sound ment to' approximately 10 minutes. be announced in a subsequent FEDERAL food habits. Written statements in furtherance of REGISTER notice. f. The amount of funds that will be oral remarks will be accepted by the I. $200,000 for Grants'to States made available to local school districts Council at the time of the meeting. or sponsoring agencies for implemen- Up to $200,000 will be made availa- tation of the projects. Additional information regarding the ble for grants to State educational g. Plans to implement any successful meeting is available from the Assistant agencies only, who are responsible *for models on a statewide basis. Director, Advisory Council on Historic administering the child nutrition pro- 3. The application shall be submit- Preservation, P.O. Box 25085, Denver, grams. These grants are for model and ted on a form entitled "Application for Colo. 80225, or at 303-234-4946. innovative approaches to nutrition Federal Assistance (Non-Construction education. ROERT RF.GAavEy, Programs)," AD-623. Request for this REQUIREMENTS form should be addressed or telephone Executive Director. request made to: " [FR Doe. 78-18692 Filed '7-3-78; 8:45 am] 1. An application, signed by the ap- Contracting Officer, Administrative Services propriate State official, must be sub- Division, Food and Nutrition Service,

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29023

Room 790, U.S. Department of Agricul- dress given above In part I, paragraph and credit of the United States of ture, Washington, D.C. 20250, phone 202- 3. America for a loan in the approximate 447-8739. The subject grant program is listed amount of $63,433,000 to East Ken- 4. The application must be received in the appendix I of the Catalog of tucky Power Cooperative, Inc., of Win- at the address shown above not later Federal Domestic Assistance, 10.563. chester, Ky., and (b) supplementing than Monday, August 14, 1978. Effective date: such a loan with an insured REA loan 5. All parts of the application must June 30, 1978. at 5-percent interest in the approxi- be completed in accordance with the Dated: June 28, 1978. mate amount of $1,080,000 to this co- instructions contained in AD-623. Part operative. These loan funds will be IV-Program Narrative shall include SYDY J. Buuw, used to finance the construction of ap- all requirements under paragraphs 1 Deputy Assistant Sccrctary proximately 179 miles of 69 kV trans- through 4 and under paragraphs 5a forFood and ConsumerZervices. mizzlon line, 63 miles of 138/161 kV and 5b. The applicant will be required EfM Doc. 78-18398 Filed 7-3-78;8:45 am] tranmLsion line, related facilities, to certify compliance with applicable previous loan deficiency, system im-_ provisions of the law and administra- provements, and environmental facili- tive regulations described in part V of [3410-11] ties at three generating stations, and: AD-623. headquarters facilities. 6. The term of the project shall not Forest Service Legally organized lending agencies exceed 18 months. capable of making, holding, and servic- State clearing house approval is not NATIONAL FOREST MANAGEMENT ACT ing the loan proposd to be guaranteed required. However, a copy of the appli- COMMITTEE OF SCIENTISTS may obtain information on the proposed project, including the engineer- cation should be forwarded for review Meeting to the State clearing house in according and economic feasibility studies ance with part I of OMB Circular A-95 The Committee of Scientists will and the proposed schedule for the ad- (41 PR 2052) attachment A, part I, meet on July 14, 1978, 9 am.-5 pm. in vances to the borrower of the guaran- paragraph 8, entitled "Exceptions." Washington, D.C. The meeting will be teed loan funds from Mr. Ronald L. Grants will be administered under held in room 3349, South Agriculture Rainson, president and general man- the provisions of OMB Circular A-102. Building. ager, East Kentucky Power Coopera- Attention should be given to the fol- The purpose of this meeting Is to fi- tive, Inc, P.O. Box 707, Winchester, lowing areas in the circular. nalize the Committee's report to the Ky. 40391. In order to be considered, proposals 1.Attachment "A"--Cash depositories. Secretary of Agriculture on the draft 2. Attachment "G"-Standards for grant- section 6, National Forest Manage- must be submitted on or before ee financial management systems. ment Act regulations. August 4, 1978, to Mr. Rainson. The 3. Attachment "O"-Procurement stand- This is a "work session" for finaliza- right Is reserved to give such consider- ards tion of the Committee's report. Public ation and make such evaluation or other disposition of all proposals re- Applications received will be re- discussion is not planned during this session. Written comments may be ceived, as the cooperative and REA viewed on a competitive basis accord- deem appropriate. Prospective lenders ing to the criteria defined in para- submitted to the Committee. The emergency scheduling of the are advised that the guaranteed fi- graph 2 and the requirements of the July meeting is due to the timeframe nancing for this project Is available program narrative, part IV of AD-623 from the Federal Financing Bank in. for completion of the Committee's as defined paragraph 5. Announce- task as specified by the National under a standing agreement with the ments of grant awards will be made on Forest Management Act of 1976. Rural Electrification Adminstration. or about September 15, 1978. Persons who wish to attend, and/or Copies of REA Bulletin 20-22 are IL CONTRAcTUAL AGass~mrs wish to submit written comments available from the Director, Informa- should notify Charles R. Hartgraves, tion Services Division, Rural Electrifi- This part is a statement of intent Director, Land Management Planning, cation Administration. U.S. Depart- only. Funds will not be awarded under Forest Service, P.O. Box 2417, Wash- ment of Agriculture, Washington, D.C. this notice. Funds will be available for ington, D.C. 20013, area code 202-447- 20250. cooperative agreements or other con- 5933. tractual arrangements with States or Dated at Washington, D.C, this nonprofit institutions, universities, or Dated: June 30, 1978. 28th day of June 1978. private industry to develop evaluation CHE DAviD A. HAMM, methodologies and tools designed to STm A. SHIELDs, Administrator,Rural assess the effectiveness of model, or AssociateDeputy Chief. ElectrficationAdministration. ongoing nutrition education activities, [FR Doc. 78-18606 Filed 7-3-78; 8:45 am] [FR Doc. 78-18493 Filed 7-3478; 8:45 am] and for other projects relevant to nutrition education. These evaluation [3410-15] tools will assist in determining the [6320-01] most cost effective methods, teaching Rural Eledrfication AdminIstrafion strategies and mediums for delivering CIVIL AERONAUTICS BOARD nutrition education and the effects of - East Kentucky Power Cooperative, Inc., [Docket 29034: Order 78-6-161] a nutrition education program. Winchester, KY. ALASKA AIRUNES, INC., SUBSIDY MAIL RATES Bids and technical proposals to per- Proposed Loan Guarantee form the projects in accord with speci- Order to Show Cause; Erratu fications established by FNS will be Under the authority of Pub. L. 93-32 solicited through requests for propos- (87 Stat. 65) and in conformance with Adopted by the Civil Aeronautics als (RFP). Announcement of these applicable agency policies and proce- Board at its office in Washington, contractual actions will be published dures as set forth in REA Bulletin 20- D.C., on the 22d day of June 1978. in the Commerce Business Daily from 22 (Guarantee of Loans for Bulk The third sentence of paragraph 1 time to time. Prospective bidders wish- Power Supply Facilities), notice is on page 8 should read as follows: "Of ing to submit proposals may request to hereby given that the Administrator course, major changes in the carrier's be put on the bidders list by contact- of REA will consider. (a) Providing a situation, such as a merger, would re- ing the contracting officer at the ad- guarantee supported by the full faith quire us to reexamine the need."

FEDERAL REGISTER, VOL 43, NO. 129-WNESDAY, JU.Y 5, 1973 29024 NOTICES

Dated: June 28, 1978. Secretary for Administration approved Dated: June 29, 1978. PHYLLIS T. KAYLOR, the recharter and extension of the RAUER H. MEYER, Secretary committee, pursuant to section 5(c)(1) Director, Office of Export Ad- of the Export Administration Act of CFR Doc. 78-18477 Filed 7-3-78; 8:45 am] ministration, Bureau of Trade 1969, as amended, 50 U.S.C. App. See. Regulation, US. Department 2404(c)(1) and the Federal Advisory Committee Act. of Commerce. [6320-01] The committee advises the Office of [FR Doe. 78-18513 Filed 7-3-78; 8:45 am] [Docket No. 29034, Order 78-6-161] Export Administration with respect to questions involving (A) technical mat- [3510-22] ALASKA AIRLINES, INC. ters, (B) worldwide availability and National Oceanic and Atmospheric Order To Show Cause Regarding Subsidy Mail actual utilization of production tech- Rates nology, (C) licensing procedures which Administration may affect the level of export controls Correction applicable to 'numerically controlled [Docket No. Sub-B-181 machine tools, including technical ELLINGSON FISHING CORP. In FR Doc. 78-18114 appearing at data related thereto, and (D) exports page 28220 in the issue for Thursday, of the aforementioned commodities' Notice is hereby given that Elllngson June 29, 1978, the docket number in and technical data subject to multilat- Fishing Corp. has applied for permis- the heading should have read as eral controls in which the United sion to transfer the Operation of the shown above. States participates including proposed 85.8' registered length fishing vessel revisions of any such multilateral con- SMARAGD which was constructed trols. with the aid of a fishing vessel con- - [6320-01] The committee will meet only in ex- struction-differential subsidy pursuant CAB-INDUSTRY ADVISORY COMMITTEE ON ecutive session, to discuss matters to the Fishing Fleet Improvement Act, AVIATION MOBILIZATION properly classified under Executive 46 U.S.C. 1401-1413 (the "act"). The Order 11652, dealing with the United vessel is presently authorized to oper- Renewal States and COCOM control program ate In the fishery for lobster, scallops, Pursuant to. the Federal Advisory and strategic criteria related thereto. groundfish, flounder, Dungeness crab, Committee Act of October 6, 1972 Written statements may be submit- king crab, tanner crab, shrimp, and (Pub. L. 92-463, 86 Stat. 770-776, ted at any time before or after the herring. U.S.C. App.) the Chairman of the Civil meeting. The application seeks additional au- Aeronautics Board has renewed the The Acting Assistant Secretary of thority to operate in the fishery for CAB-Industry Advisory Committee Commerce for Administration, with Pacific ocean perch, Pacific ocean on Aviation Mobilization for an addi- the concurrence of the delegate of the hake, Alaska pollock, Pacific floun- tional period of 2 years ending June General Counsel, formally determined ders, Pacific rockfishes, Pacific cod, 30, 1980. on January 27, 1977, pursuant to sec- sablefish, capelin, other bottomfish The committee's charter is un- tion 10(d) of the Federal Advisory (except halibut), and surf clams In the changed. A copy has been filed with Committee Act, as amended by section Northeast Pacific Ocean, Bearing Sea, the Library of Congress, pursuant to 5(c) of the Government in the Sun- and Gulf of Alaska. section 9(c) of the act. shine Act, Pub. L. 94-409, that the The act provides in relevant part: matters to be discussed in the execu- The Secretary In the.exercise of his dis- Dated at Washington, D.C., June 19, tive session should be exempt from cretion, after notice and a public hearing, 1978. the provisions of the Federal Advisory may approve the transfer of any vessel con- MARVIN BERGSMAN, Committee Act relating to open meet- structed with the aid of a subsidy to an- CAB Advisory Committee ings and public participation therein, other fishery '". where he determines Management Officer. because the executive session will be that such transfer would enable such vessel [FR Doec. 78-18476 Filed 7-3-78; 8:45 am] concerned with matters listed in 5 to operate In a newly developed fishery not U.S.C. 552b(c)(1). Such matters are yet utilized to Its capacity by operators of specifically authorized under criteria efficient vessels (46 U.S.C. 1409). [3510-25] established by an executive order to be 1 Notice is hereby given that the Na- kept secret in the interests of the national Oceanic and Atmospheric Ad- DEPARTMENT OF COMMERCE tional defense or foreign policy. All ministration, National Marine Fisher- Industry and Trade Administration materials to be reviewed and discussed ies Service, has under consideration, by the committee during the executive approval of the applicant's request as NUMERICALLY CONTROLLED MACHINE TOOL session of the meeting have been prop- outlined. The principal fdctors and TECHNICAL ADVISORY COMMITTEE erly classified under the executive conditions under consideration in re- Closed Meeting order. All committee members have viewing the applicant's request are de- appropriate security clearances. scribed in the following explanatory Pursuant to section 10(a)(2) of the For further information, contact Mr. statement. Federal Advisory Committee Act, as Charles C. Swanson, Director, Oper- Applicant's Request and Supporting amended, 5 U.S.C. App. (1976), notice ations Division, Office of ExPort Ad- Information. The primary species to is hereby given that a meeting of the ministration, Industry and Trade Ad- be fished by the SMARAGD, are Pa. Numerically Controlled Machine Tool ministration, Room 1617M, U.S. De- cific ocean perch, Pacific ocean hake, Technical Advisory Committee will be partment of Commerce, Washington, Alaska pollock, Pacific flounders, Pa- held on Monday, July 24, 1978, at 9:30 D.C. 20230, telephone 202-377-4196. cific cod, sablefish, capelin, and other a.m. in Room 3708, Main Commerce The complete notice of determina- bottomfish (except halibut), Applicant Building, 14th and Constitution tion to close meetings or portions considers this to be a "newly devel- Avenue NW., Washington, D.C. thereof of the series of meetings of oped fishery" within the meaning of The Numerically Controlled Ma- the Numerically Controlled Machine the act. The United States has practi. chine Tool Technical Advisory Com- Tool Technical Advisory Committee cally no previous record of engage- mittee was initially established on and of any subcommittees thereof, was ment in the "bottomfish" fishery In January 3, 1973. On December 20, 1974 published in the FEDERAL REGISTER on the designated areas. The fishery has and January 13, 1977, the Assistant February 1, 1977 (42 FR 5991). been largely exploited by foreign

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29025 fleets. Under the Fishery Conserva- Comments may state the desire for a [3128-01] tion and Management Act of 1976 (the hearing and Indicate a preference for a "FCMA"), U.S. fishermen and pro- formal or informal hearing. If no hear- DEPARTMENT OF ENERGY cessers have access to the entire opti- ing request Is indicated, a preference [DOE/EIS-018-D] mum yield held in a fishery if they are for an informal hearing will be pre- capable of utilizing it. sumed and action on the application LOS ALAMOS SCIENTIFIC LABORATORY SITE A world market has already been de- will proceed accordingly. veloped for bottomfish not utilized by If no comments are filed on or Availability of Draft Environmental Impact U.S. fishermen, 15 percent of which is before July 20, 1978, no public hearing Statement imported into the United States. An will be held and the application will be increaed U.S. catch could replace a sig- acted on accordingly. Notice Is hereby given that the US. nificant portion of imported products Department of Energy (DOE) has and at the same time encourage a de- Dated: June 28, 1978. issued a draft environmental impact crease in the U.S. effort on currently WInFnEm H. MssOnmo . statement, DOE/EIS-0018-D, Los overfished species (in 'conformance AssociateDirector. Alamos Scientific Laboratory Site, Los with the purpose of the FCMIA). Fur- [FR Doc. 78-18401 Filed 7-3-78; 8:45 am] Alamos, N. Mex. The statement was ther, the entrance prepared pursuant to implementation of the SMARAGD of the National Environmental Policy into bottomnfishing could demonstrate Act of 1969 to support DOE's contin- U.S. willingness and capacity to com- [3810-70] ued operation of the Los Alamos Sci- pete with and displace foreign fishing DEPARTMENT OF DEFENSE entific Laboratory (LASL) located in effort within the Fisheries Conserva- Los Alamos and Santa Fe Counties, N. tion Zone (the "FCZ"), and its success Office of the Secretary Mex. The Laboratory was established of operation could result in early com- in 1943 for development of nuclear mitment of more vessels to the devel- DEFENSE SCIENCE BOARD weapons. Activities at LASL have been opment of the underutilized bottomfi- Advisory Committee Meeting expanded to Include physical, biomedi- shery. The 1977 U.S. catch of bottom- cal, environmental and energy re- fish off Alaska amounted to approxi- The Defense Science Board will search. The statement addresses the mately 1 percent of the optimum yield meet in closed session on 31 July potential environmental impacts asso- for bottomfish in the FCZ. through 11 August 1978 at the Naval elated with continuing activities at the Additionally, the applicant's request War College, Newport, R.I. LASL site. for an expanded fishery includes surf The mission of the Defense Science The statement azsezses the potential clams. The results of a '1977 coopera- Board is to advise the Secretary of De- cumulative environmental impacts as- tive Bering Sea clams resource survey fense and the Under Secretary of De- sociated with current and continuing assessment conducted by members of fense for Research and Engineering on activities at the LASL site. This in- the Alaska fishing industry, the Scientific and technical matters as cludes. the adverse impacts from postu- Alaska Department of Fish and Game, they affect the perceived needs of the lated accidents associated with the ac- the Office of Sea Grant, and the Na- Department of Defense. tivities. Various effluents including rational Marine Fisheries Service show a At the meeting scheduled on 31 dioactive ones are released to the emi- potential surf clam resource on the July-11 August 1978 the Board will ex- ronment. However, a continuing, com- Northern side of the Aleutian Islands. amine the substance, interrelation- prehensive, monitoring program is car- There are presently no vessels operat- ships, and U.S. national security impli- ried out to assist in the control of haz- ing for surf clams in this area. Approv- cations of two critical subject areas ardous effluents. al of applicant's request for permission Identified and tasked to the Board by Copies of the draft environmental to operate the SMARAGD for surf the Secretary of Defense. The subject Impact statement have been distribut- clams in the Bering Sea would enable areas are: Achieving imporved NATO ed for review and comment to appro- the vessel to engage in a "newly devel- effectiveness through armaments col- priate Federal, New Mexico State and oped fishery not yet utilized to its ca- laboration and the strategic nuclear local agencies, and other organizations pacity by operators of efficient ves- posture. The period of study Is antici- and individuals who are known to sels." pated to culminate in the formulation have an interest in the activities at the There is presently no evidence that of specific recommendations to be sub- site. the operation by the applicant of the mitted to the Secretary of Defense, via Copies of the statement are availa- the Under Secretary of Defense for ble for public inspection at the DOE SMARAGD in the fishery for Pacific public reading rooms located at: ocean perch, Pacific ocean hake, Research and Engineering, for his con- Alaska pollock, Pacific flounders, Pa- sideration in determining resource Library. Room 1223. 20 j--zachusetts cific rockfishes, Pacific cod, sablefish, policies, short- and long-range plans. Avenue NI., WasbIngton. D.C. capelin, other bottomfish (except hali- and in shaping appropriate imple- Albuquerque Opratlons Office. National menting actions as they may affect Atomic Mucum. Kirtland Air Force Base but), and surf clams would cause eco- East. Albuquerque. N. Mex. nomic hardship to the operation of the U.S. national defense posture. Chicago Op-oratons Office, 9300 South Cazs U.S. vessels operating in this fishery. In accordance with section 10fd) of Avenue. Argonne, IlL Based on the foregoing, the National Appendix I, Title 5. United States Chicaso O;.ratfonz Office, 175 West Jack- Oceanic and Atmospheric Administra- Code, it has been deterniined that this con Eoulc.P;cxd. Chifco, Ill. tion, National Marine Fisheries Serv- Defense Science Board meeting con- Idaho Opernatlons Office. 550 Second Street. ice, is currently reviewing this applica- cerns matters listed in section 552b(c) Id2ho FaiL, Idaho. tion in light of the purposes of the Act of title 5 of the United States Code, Nevada Operations Office. 253 South High- specifically subparagraph (1) thereof, ILand Dr1' e. Las Vega, Nev. and is soliciting public comments on OaL RidLe Operatons Office, Federal the merits of the application as well as and that accordingly this meeting will Building. Oak Ridge. Tenn. the necessity for a public hearing be closed to the public. Rlchland Oparattoris Office. Federal Build- prior to making an administrative de- Dated: June 29, 1978. ing. Richhnd. W'-sh. termination. San Franckco Operationz Office, 1333 Comments should be submitted in MAAUMCE W. Rocnn. Broadway, Oakland. Calif. writing to the Assistant Administrator Director, Correspondence and Savannah River Operations Office, Savan- for Fisheries, National Marine Fisher- Directives, Washington Head- nah Rivcr Plant Alken. S.C. ies Service, NOAA, Washington, D.C. quartersServices. Comments and views concerning the 20235 on or before July 20, 1978. [FR Doc. 78-18450 Filed 7-3-78; 8:45 am] draft environmental impact statement

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29026 NOTICES are requested from other interested posed rate increase. An opportunity ating units of the Cumberland pro- agencies, organizations and individ- for an oral presentation will be afford- jects which Is not required In connec- uals. Single copies of the statement ed upon.request. tion with the operation of such pro- will be furnished for review and com- DATES: Written comments are due on jects may be purchased by TVA, ment upon request addressed to W. H. or before August 8, 1978. requests for except that up to 175,000 kilowatts of Pennington, Mail Station E-201, U.S. an oral presentation are due July 13, peaking capacity and up to 100,000 Department 'of Energy, Washington, 1978. If a public hearing is requested It kilowatts of standby capacity with ac- D.C. 20545, 301-353-4241. Comments will be held on July 21, 1978. Speakers companying energy may be retained should be sent to the same address. may submit written copies of their by SEPA for sale to the Cooperatives. In accordance with the guidelines of oral presentation at the hearing. RA has submitted to ERA proposed the Council on Environmental Qual- rate increases for power generated at ity, those submitting comments on the ADDRESSES: Requests for an oral the Cumberland Projects for the draft environinental impact statement lpresentation and/or ten copies of writ- period July 1, 1978 through June 30, should endeavor to make their com- ten comments shall be submitted to: 1983. The rates contained In proposed ments as specific, substantive, and fac- Office of Public Hearing Management, Wholesale Power Rate Schedule CR- tual as possible without undue atten- Box UJ, Ddpartment of Energy, 2000 1-D (supersedes Wholesale Power tion to matters of form in the impact M Street NW., Room 2313, Washing- Rate Schedule"CR-1-C) will Increase statement. However, it would assist in ton, D.C. 20461. The public hearing, if TVA's annual payment to SEPA by an the review of the comments if the held, will be in: Room 2105, Depart- average of $2.3 million. The rates con- comments were organized in a manner ment of Energy, 2000 M Street NW., tained in proposed Wholesale Power consistent with the structure of the Washington, D.C. 20461. Rate Schedule CR-2-D (supersedes draft environmental impact statement. FOR FURTHER INFORMATION Wholesale Power Rate Schedule CR- Commenting entities may recommend CONTACT: 2-C) will result in an average increase modifications and/or new alternatives in revenues from the Cooperatives of that will enhance environmental qual- Jerry Nicholas, Office of Utility Sys- approximately $202,000 annually. The ity and avoid or minimize adverse envi- tems, Economic Regulatory Adminis- new rate schedules provide for an ronmental impacts. tration, 1111 20th Street NW., Room average annual revenue Increase of Copies of comments received on the 527, Washington, D.C. 20461, phone $2,538,000 during the next 5 years, draft environmental impact statement 202-254-8470. which is equivalent to 15.8 percent. will be placed in the ab6ve referenced Richard W. Manning, Office of the In support of proposed Wholesale locations for inspection and will be General Counsel, 12th and Pennsyl- Power Rate Schedules CR-1-D and considered in the preparation of the vania Avenue NW., Room 6146, CR-2-D, SEPA submitted a repayment final environmental impact statement, Washington, D.C. 20461, phone 202- study, dated March 1978, which states if received on or before September 27, 566-9653. that the proposed rates will produce 1978. SUPPLEMENTARY INFORMATION. revenues sufficient to repay the Feder- Dated at Washington, D.C. this 28th Pursuant to section 301(b) of the De- al investment, including capital addi- day of June 1978. partment of Energy Organization Act, tions, major replacements, and Inter- 42 U.S.C. § 7101 et seq., the function to est during construction, together with For the United States Department confirm and approve power rates for annual expenses for operation, main- of*Energy. the Southeastern Power Administra- tenance, marketing and interest, Inter- W LLmAm P. DAvis, tion (SEPA) was transferred to the ested persons who wish to Inspect the DeputyDirector - Secretary of Energy. By Delegation proposed rate schedules or the repay- ofAdministration. Order No. D204-4, effective October 1, ment study should contact Jerry Ni- [FR Dom. 78-18426 Filed 7-3-78; 8:45 aEr 1977, the Secretary of Energy delegat- cholas at the address shown above. ed his confirmation and approval au- Comment Procedures: Interested thority -to the Administrator of the persons are invited to submit com- [3128-011 Economic Regulatory Administration. ments with .respect to the subject The Administrator has delegated his matter set forth In this Notice to: Economic Regulatory Administration -authority to the Assistant Administra- Public Hearing Management, Box UJ, [ERA Docket No. SEPA 78-2] tor for Utility Systems, Economic Reg- Room 2313, Department of Energy, ulatory Administration. 2000 M Street NW., Wahsngton, D.C. CUMBERLAND BASIN PROJECTS SEPA has entered into contracts for 20461. Such written comments may be SOUTHEASTERN POWER ADMINISTRATION the sale of capacity and energy from mailed or hand delivered and should Intent to Confirm and Approve Proposed Rate eight hydroelectric projects, collective- be received by 4:30 p.m., e.d.t., on Increase ly known as the Cumberland Basin August 8. 1978. projects, (Cumberland projects) to the Any person who has an interest in AGENCY: Economic Regulatory Ad- Tennessee Valley Authority (TVA) this matter or Is a representative of a ministration, Department of Energy. and four cooperatives: Big Rivers Elec- group or class of persons that has an ACTION: Notice. tric Corp Indiana Statewide Rural interest in it may make a written re- Electric Cooperative, Inc., Hoosier quest for an opportunity to make an SUMMARY: The Assistant Secretary Energy Division; Southern Illinois oral presentation at a public hearing. for Resource Applications (RA) has re- Power Cooperative; and East Zen- Such a request can be mailed or hand quested the Administrator of the Eco- tucky Power Cooperative (the Cooper- delivered to: Public Hearing Manage. nomic Regulatory - Administration atives). The contracts provide that the ment, Box UJ, Department of Energy, (ERA or the Administrator) to confir- rates may be adjusted at 5-year inter- Room 2313, 2000 M Street NW., Wash- mand approve an increase in rates for vals. The current rates were approved ington, D.C. 20461 and must be re- power and -energy generated at the and confirmed by the Federal Power ceived before 4:30 p.m., e.d.t., on July Cumberland Basin projects for the Commission (now the Federal Energy 13, 1978. period July 1, 1978 through June 30, Regulatory Commission) by order The request shall state the name of 1983. The purpose of this notice is to issued June 29, 1973, for the period- the person making the request, Identi- advise the public that the Administra- July 1, 1973 through June 30, 1978. fy the interest represented and if ap- tor intends to act on RA's request and The contract between SEPA and TVA propriate state why he or she Is a to Invite interested -parties to submit provides that the total net capacity proper representative of a group or written comments relevant to the -pro- and energy output of the electic gener- class of persons that has an interest,

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29027

give a concise summary of the pro- electricity under section 202(c) of the Feder- NIPSCO owns a 69 kV transmission line 6918) which comes within 3.300 feet of oral presentation, and give a al Power Act, 16 U.S.C. 824a(c) and perti- (No. posed nent regulations was transferred to the De- the citys distribution facilities. The city telephone number where the person partment of Energy. states that ItIs prepared to build, own, oper- may be contacted. The Secretary of Energy has delegated his ate and maintain all facilities necessary for DOE reserves the right to select the authority under section 202(c) of the Feder- the emergency connection with NIPSCO in- persons to be heard, to schedule their al Power Act to the Administrator of the cluding the substation. transformers and respective presentations and to estab- Economic Regulatory Admnistration (Dele- switching equipment, as well as the 3,300 lish the procedures governing the con- gation Order 0204-4. October 1. 1977, 42 FR feet of new 69 kV line to be built connecting facilities of the hearing. The length of 60725-27 (November 29. 1977)). The Admin- the existing city to NIPSCO's ex- duct istrator of the Economic Regulatory Admin- I3ting 69 kV t nssfon line. each presentation may be limited istration has further delegated his authori. NIPSCO states that the city's potential based on the number of persons re- ties under section 202Cc) to the Assistant capacity shortage does not constitute an questing to be heard. Administrator for Utility Systems. Pursuant emergency since the city should have antici- The public hearing, if any, will not to section 705 of the act. the regulations pated the shortage and taken steps to cor- be adjudicative in nature. A DOE offi- published at 18 CFR 32.60-32.62 which in. rect the situation. It thus argues that this cial will be designated to preside at the plement section 2021c) of the Federal Power potcntial shortage Is entirely self-created Act remain In effect until they are amended hearing, if one is held. Any further and is not an emergency within the meaning or otherwise superseded. of section 202(c) of the Federal Power Act. procedural rules needed for the proper Pursuant to the aforementioned authorl- ERA views Section 2327c) as intended to conduct of the hearing will be an- ties. the Assistant Admlnl-trator for Utility provide a recponze to an unavoidable emer- nounced by the presiding official. Systems, Economic Regulatory Administra- gency sltuaton. ERA dos not consider The hearing, if held, will begin at tion (ERA) Issues this Order dcnying the re- granting emErgency relief in lieu of a utili- 9.30 am., e.d.t., July 21, 1978, in room quest of the city of Rewnelaer (city) for a ty's taking neces-ary and piudent measures 2000 M temporary connection of the city's electrica to plan and operate Itssystem in a reliable 2105, Department of Energy, system to the Northern Indiana Public NW., Washington, D.C. fashion to be conisytent with the statutory Street Service Co.'s (NIPSCO) system. This action purpose. Public comments, if any, and the is taken in response to the city's petition The city bas failed to make a showing hearing record, if any will be available filed with ERA on May 22. 1978 requesting that without additional power or energy it for inspection at the DOE Freedom of the connection pursuant to section 202(c) of will be unable to maintain electric service to Information Office, Room 2107, Feder- the Federal Power Act. Its customers after lintituting an existing plan al Building, 12th and Pennsylvania BACKGROUND load curtailment designed to balance Avenue NW., Washington, D.C., be- capacity and load requirements. Assuming the hours of am.n, and 4:30 In its petition, the city states that It faces that Its largest generating unit (the No. 12 tween a potential emergency situation during the Friday. unit) doe not break down. the maximum p.m., Monday through 1978 summer load season unless It can dependable capacity of the city's power Issued in Wasington, D.C., on June obtain an immediate emergency connection system I- approximately 11,700 kW. The It should 28, 1978. with NIPSCO. The city states that city estimates that its peak simmer demand be allowed to isolate 2.500 kW of load to be will be about 12,500 kW. The city's load cur- served from the HIP.CO system for the taliment plan Indicates (1) That the city CHARES A. FALcoNE, entire summer. The city would then Lolate. Acting Assistant Administrator can reduce It- load by about 585 kW within if necessary, an additional 2.500 kW of load 5 minutes by implementing a 5 percent volt- for Utility Systems, Economic to prevent loss of cervice to its customers. it cge reduction; (2) an additional 1,000 kW of Regulatory Administration, further states that the emergency connec. load relief can be obtained within 2 to 4 Departmentof Energy. tion is necessary to assure that the city will hours through public appeals for conserva- not be blacked out If the city's largest gen- tion: and (3) an additional 1,200 kW of load IR Doe. 78-18425 Filed 7-3-78; 8:45 am] erating unit should fall during a peak reduction s available within 4 hours by period. asking ndustrial customers to reduce their On June 8, 1978, NIPSCO filed an answer loads or temporarily close their plants. [3128-01] to the city's petition asking that ERA deny op- city on the Thus. through responsible utility system the relief requested by the cration. the city should be able to prevent grounds that an emergency does not now an emergency situation from developing by CITY OF RENSSELAER, IND. exist. In the alternative, NIPSCO requests taking appropriate measures to reduce its that if ERA determines that an emergency Issuance of Order Denying Petition Filed Pursu- and orders a temporary connec- load whenever the load demand approaches does exist the capabillty of the system. ant to Secion 202(c) of the Federal Power tion that such order not be effective beyond con- In addition. ERA has determined that in Act September 30, 1978. NIPSCO further goes tends that f a connection is ordered all the event unit No. 12 out of service Notice is hereby given that the As- costs associated with ImplementLing the portable generqtIng equipment could be put for Utility Sys- order should be borne by the city. leased and into service rapidly, thereby sistant Administrator alleviating the need for the city to institute tems, Economic Regulatory Adminis- Discussxov load curtailment measues for an extended tration has issued the order published period of time. below denying a petition filed by the The city of Rensselaer Is a municipality In Since It appears that the city can main- city of Rensselaer, Ind., pursuant to Indiana which owns and operates electric tain electric service to its customers through generation and distribution facilities for the section 202(c) of the Federal Power the implementation of Is load curtailment sale of electric energy. The city's electric plan and/or the leasIng of portable generat- Act. Notification of the filing of this system Is the last Isolated electric utility In petition appeared in 43 FR 24570 Ing equipment, ERA concludes that an Indiana and is totally dependent upon the emergency within the meaning of section (June 6, 1978). reliability and capacity of Its own generat- 202(c) of the Federal Power Act does not ing units to furnish its electrical needs. The presently exist. The city may file another Ecowomc REGu aTony ADmNrsTE ON city's power system has a maximum summer 202(c) petition If itdetermines that electric generating capacity of approximately 17.200 be maintained after the load DEPARIMENT OF ENERGY kW. If an outage of the largest generating rervice cannot gener- curtailment plan and/or leasing measures unit occurs, the maximum available utilized. IN TaE MATrER OF THE Cry OF RmqSSEAER. ating capacity will be about 11,500 kW. The have been fully IbDLtNA, DoceEt No. EC 78-5 city anticipates that Its peak 1978 summer FnINGS demand will be approxlmately 12.500 kW. ORDER DENYII PETI-ON SEE=G PELIE The city asserts that should Its largest gn- The Asistant Administrator for Utfilty UNDR SECTON 202(C) OF - EERAL crating unit Iail during the summer peak Systems, Economic Regulatory Adminlstra- POWER ACT period, the city's electric system will not be tLion. finds that: Pi-suant to the Department of Energy able to meet its load demand. Further. the 1. The city operates an Isolated electric Organization Act (the act), 42 U.S.C. 7101, city reports that this largest generating unit vystem and does not at this time have any et seq., the authority to order the tempo- has experienced a number of outages in the means if immediately receiving emergency rary connection of facilities and transfer of recent past. clectric supply from outside Its own system:

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29028 NOTICES

2. The city has several options available lished and invited comment on techni- Dated: June 27, 1978. which would maintain electric service to its cal guidelines for deriving water qual- customers without receiving outside assist- THOMAS C. JonLINo, ance; and ity criteria. In that document a Assistant Administratorfor 3. An emergency within the meaning of number of errors appeared which need Water and HazardousMaterials. section 202(c) of the Federal Power Act does correction. The corrections are listed EFR Dec. 78-18452 Filed 7-3-78; 8:45 naml not now exist nor has it been shown that below. such an emergency will exist at the time of 1. Table 2, page 21512, left hand the 1978 summer peak. column: Delete line 6 (.84 .98 1 34). [6712-01] ORDER 2. Table 2, page 21512, left hand FEDERAL COMMUNICATIONS The Assistant Administrator for Utility column: Line 18, change .16 to 0.65. Systems, Economic Regulatory Administra- 3. Table 2, page 21512, middle COMMISSION tion, orders that the petition of the city of column: Replace the values in the sec- [RM-1878; FCC 78-391] Rensselaer be denied without prejudice. - tion entitled Geometric Means (with A copy of this order shall be pub- numbers of values in parentheses) as INTERCITY CLOSED CIRCUIT EDUCATIONAL lished in the FEDERAL REGISTR. follows: TELEVISION SYSTEMS Issued in Washington, D.C. this 28th Denying Petilion for Rulemaking day of June 1978. Inorganic salts...... 0.46(62) 0.73(63) 0.87(24) June 7, 1978. Others: Adopted: CHARLES A. FALcoNE, Flow-through..... 0.77(34) 0.85(26) 0.94(17) Released: June 27, 1978. Acting Assistant Administrator Static ...... 0.72(211) 0.86(107) 0.94(62) Grand means ...... 0.66(307) 0.81(196) 0.92(103) In the matter of amendment of for Utility Systems, Economic parts 2, 89, and 91 of the Commission's Regulatory Administration, rules regarding intercity closed circuit Department of Energy. 4. Table 3, page 21513, middle column: Change educational television systems, memo- CFR Doe. 78-18481 Filed 7-3-78; 8:45 am] line 5 from 141, 79 to randum, opinion and order. 141, 79, 141. By the Commission: 5. Table 6, page 21514, right hand 1. The Commission has before it a [6560-01] column: Line 29 (Inorganic salts), petition from the Central Committee change 0.014 to 0.14. on Communication Facilities of the ENVIRONMENTAL PROTECTION 6. Table 6, page 21515, middle American Petroleum Institute, herein- AGENCY column: Last line, replace last blank after referred to as the "Central Com- mittee". Petitioner [FRL 922-2] with Reference No. 7. (.03 ...... requested that the 7). Commission institute a rulemaking SCIENCE ADVISORY BOARD; TECHNOLOGY 7. Table 6, page 21515, right hand proceeding that would require authori- ASSESSMENT AND POLLUTION CONTROL column: Delete the 17th line from the zations of future closed circuit educational television (CCETV) stations ADVISORY COMMITTEE - bottom (.28 ...... 8. Table 8, page 21516, right hand below 10 GI-z take place in the 6875- Open Meeting 7125 MHz band. column: Change H S value 0211 to 0.211. 2 2. Comments and reply comments As required by Pub. L. 92-463, notice were filed by seven different organiza- is hereby given that a meeting of the * 9. Table 10, page 21517, middle tions including the Central Commit- Technology Assessment and Pollution column: Delete the 32nd line from the tee. Supporting the petition were the Control Advisory Committee will be bottom. (Do.....5.9 3.7 .63 5). Petroleum Industry Electrical Associ- held beginning at 9 a.m., July 20, 21, 10. Table 10, page 21517, right hand ation, the Association of American and 22, 1978, in Room 3906, EPA column: 35th line from bottom: Re- Railroads, and the Utilities Telecom- Headquarters, 401 "M" Street SW., place Do with 1, 3 dichloropropene. munications Council. Opposing the pe- Washington, D.C. The meeting is open 11. Page 21507, middle column: 1st tition were the Joint Council on Edu- to the public. Any member of the paragraph, line 4: Replace 308 with cational Telecommunications, the Na- public wishing to attend 'or to have 307. tional Association of Educational further information on the meeting 12. Page 21507, middle column: 4th Broadcasters and A. Earl Cullum, Jr. should contact Lloyd Taylor or Judi & Associates. Blinn, 703-557-7720. paragraph, line 9: Delete copepods. 13. Page 3. The petition and statements in The Committee will discuss technol- 21508, right hand column: support thereof claim that the 6575- ogy problems relating to air pollution Roman numeral III: Replace para- 6875 MHz band is the "backbone" of from increased coal burning, techno- graph A with: A. 48-hr LC50 and EC50 the industrial microwave communica- logical problems in controlling dis- values for mollusc bivalve and barna- tion systems, and - that allowing charges of toxic chemicals, and items cle larvae, daphnia and other clado- CCETV systems, which use band- of interest to the members. cera and midges, are used as 96-hr widths (20 MHz) that fre twice those values. For use of LC50 and EC50 of the industrial systems, to continue LLoYD T. TAYLOR, values for time Acting periods other than 48 using the band will cause congestion Staff Director, hours for these species, problems and in some places preempt Science Advisory Board. see section VII. Values for brine shrimp are not future industrial users. Petitioner JUNE 28, 1978. used. claimed that sharing this band between wideband and narrowband sys- [PR Doec. 78-18510 Filed 7-3-78; 8:45 am] 14. Page 21508, right hand column: Roman numeral III, between para- tems constitutes poor spectrum man- graphs C and E: insert: D. multiply all agement by the Commission and [6560-01 24-, 48-, and 72-hr LC50 values by cor- should be corrected. It suggested that a good place in the spectrum below 10 [FRL 921-8] rection factors of 0.26, 0.43, and 0.61, GHz would be the 6875-7125 MHz respectively, to simulate 96-hr values band where the primary allocation Is WATER QUALITY CRITERIA (h). Do not correct the 48-hr values to the Broadcast Auxiliary Service noted in A. Correction (BAS) which also uses wideband chan- 15. Page 21509, middle column: Foot- nels. In FR Doc. 78-13294, Thursday, May note (b): Replace 308, 197 and 104 with 4. Those who filed statements in op- 18, 1978 at 43 FR, 21506, EPA pub- 307, 196 and 103. position to the petition claimed that

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29029

congestion of the 6575-6875 MHz band ineffective in meeting the needs of man), Lee, Quello, Washburn, Fo- was due to heavy use by industrial that service and would unnecessarily garty, White and Brown. users and that CCETV users were just increase the cost of utilizing the limit- a small percent of the total number of ed remaining potential that this band FDMEAL COMUMirC AONS users in the band. They, also claimed has to offer. We note here, as in our COLMssioN, that the 6875-7125 MHz band was very docket 19869 decision, that ample WILLAm J. TP.CARico, full, and that there is no evidence that spectrum at 12 GHz is available for Secretary. CCETV sharing this band with the CCETV growth and should be satisfac- [FR Doz. 78-1&431 Filed 7-3-78; 8:45 am] BAS could be accomplished without tory for most future applications in causing future interference problems this service. to either or both services. They go on [6712-01] to say that the case-by-case assign- 7. Accordingly, to the extent that ment procedure that existed in the action taken herein and in docket RADIO TECHNICAL COMMISSION FOR MARINE 6575-6875 MWHz band was a superior 19869 satisfies petitioner's request, SERVICES procedure in that it gave the Commis- RU-1878 is herebey granted. In all Meetings sion its greatest freedom and flexibil- other respects it Is denied. ity in making CCETV assignments. In accordance with Pub. L 92-463, 8. This action is taken pursuant to "Federal Advisory Committee Act," 5. Since the filing of the petition, authority contained in sections 4(0) several Commission actions releiant to and 303(r) of the Communications Act the schedule of future Radio Techni- this matter have taken place. The of 1934, as amended. cal Comm zson for Marine Services most important of these was the (RTCM) meetings is as follows: report and order of docket 19869 (52 FEDEAmL CO-M-NICATIONS Special Committee No. 73. "MInimum Per- FCC 2d 894) which created part 94 of COMMxSSION, formance Standards (MS) Marine the Commission's Rules for the Pri- WLImA J. TracARIco, Omega Receiving Equipment." vate Operational Fixed Microwave Secretary. Notice of second meeting. Tuesday, July 18. Radio Service. In this docket the Com- 1978. 9 am., Conference Room. Maritime mission addressed the issue of FR Doc. 78-18444 Filed 7-3-78; 8:45 am] Institute of Technology and Graduate Studies (UITAGS), 5700 Hammonds CCETV's use of the 6575-6875 MHz Ferry Road, IUnthlen Heights, Md. band and determined that it was in 21090. the public's interest to prohibit future [6712-011 Agenda: (1) Call to order: chairman's report. (2) AdmInistrative matters, (3) reports of wideband video systems from being li- [FCC 78-443] working groups. censed in operational fixed bands M. H. Carpenter, Co-Chairman, Maritime below 12 GHz. Part 94 does, however, 1979 COMPOSITE WEEK DATES FOR AM AND Institute of Technology and Graduate allow existing wideband video systems FM LICENSEES FOR PROGRAM LOG ANALYSIS Studies. 5700 Hammonds Ferry Road, in the 6 GHz band to LinthIcum Heights, Md. 21090, phone 301- remain at their 63G-5700. present assignments. JuNE 27, 1978. Comdr. Thomas P. Nolan, Co-Chairman, 6. The only remaining issue to be ad- The following dates will constitute U.S. Coast Guard Headquarters, Washing- dressed in connection with the present the composite week for use in the ton. D.C. phone 202-245-0837. petition (RM-1878) is whether or not preparation of: (1) program log analy- Special Committee No. 72. "Numerical Iden- to permit CCETV users to share the sis submitted with renewal applica- tiflcation of Stations in Maritime Tele- 6875-7125 MHz band with the BAS. tions for commercial AM and FM sta- communications Systems." The petition noted that, since both tion licenses which have expiration Notice of seventh meeting. Monday, July 24. services use wide band video channels, dates in calendar year 1979; and (2) as- 1978, 9:30 am., Conference Room 8210, it would be appropriate for them to signment of license and transfer of 2025 M Street NW, Washington D.C. share the same .band. On the other control applications for AM and FM Agenda: (1) Call to order. chairman's report. hand, both the BAS users and the stations which are filed In calendar (2) administrative matters. (3) reports of CCETV users, who would presumably year 1979. recent CCIR and CCITT meetings. (4) Adoption of U.S. poition for IWP 816 be the beneficiaries of shared use of Sunday, October 23, 1977. third meeting. this band, opposed the sharing con- Monday, March 20, 1978, Francis K. Williams Chairman, SC-72. Fed- cept on the grounds that this band is Tuesday, May 16, 1978. eral Communications Commi on, Wash- already so heavily used that sharing Wednesday. April 5,1978, ington. D.C. 20554. phone 202-632-7054. would be of little or no value. More- Thursday, November 17, 1977, over, it has been our experience that Friday, August 12. 1977. and The RTCM has acted as a coordina- band sharing between widely diver- Saturday, January 7.1978. tor for maritime telecommunications gent groups of users compounds chan- Commercial television licensees hnd since Its establishment in 1947. All permittees with license nel selection and coordination prob- expiration RTCM meetings are open to the lems with resulting increase in costs to dates of February 1 and April 1, 1979 applicants and the Commission. Addi- will use, in answering questions 5, 11 public. Written statements are pre- tional costs might be justified if they and 12 of revised Section IV of FCC ferred, but by previous arrangement, resulted in substantial improvements Form 303, the composite week dates oral presentations will be permitted in spectrum usage or communications previously used in preparing the 1977 within time and space limitations. services to the public. However, such annual programming report. Stations Those. desiring additional informa- improvement would not be likely to whose licenses expire on June 1 and occur here if, as respondents contend, thereafter during calendar year 1979 tion concerning the above meeting(s) this band is already in a nearly satu- will use a composite week that will be may contact either the designated rated condition. Indeed, our own stud- issued in November, 1978. The compos- chairman or the RTCM Secretariat ies indicate heavy usage of this band ite week dates to be used in the prepa- phone 202-632-6490. and suggest very little potential for ration of the 1978 annual program- future growth of any kind, particular- ming report (FCC form 303-A), re- FEDERAL COMMUICATIONS ly in urban areas and along busy mi- quired to be filed February 1, 1979 wIll COMUiSSON, crowave routes. Therefore, we con- also be issued in November, 1978. WnLAx J. TaRcAxico, clude that extending the use of this Action by the Commission June 26, Secretary. band to CCETV users would be largely 1978. Commissioners Ferris (Chair- [FR Doe. 78-18432 FIed 7-3-78; 8:45 am]

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29030 NOTICES

[6730-01] mission order No. 201.1 (revised), sec- [6730-01] tion 5.01(c), dated August 8, 1977; - FEDERAL MARITIME COMMISSION It is ordered, That independent COOK INDUSTRIES, INC. [Independent Ocean Freight Forwarder ocean freight forwarder license No. Agreements Filed License No. 881] 1704-R, issued' to I.A.C. International Corp., be and is hereby revoked effec- The Federal Maritime Commission COLUMBIA EXPORT PACKERS, INC. tive June 9, 1978, without prejudice to hereby gives notice that the following Order of Revocation reapply for a license in the future. agreements have been filed with the It is further ordered, That a copy of Commission for approval pursuant to The bond issued in favor of Colum- this order be published in the FEDERAL section 15 of the Shipping Act, 1916, bia Export Packers, Inc., 19032 South REGISTER and served upon I.A.C. Inter- as amended (39 Stat. 733, 75 Stat. 763, Vermont Avenue, Torrance, Calif. national Corp. 46 U.S.C. 814). 90502, FMC No. 881, was canceled ef- Interested parties may inspect and fective June 21, 1978. ROBERT M. SKALL, obtain a copy of each of the agree- By letter dated May 24, 1978, Colum- Deputy Director,Bureau of ments and the justifications offered bia Export Packers, Inc., was advised Certificationand Licensing. therefor at the Washington office of by the Federal Maritime Commission [FR Doc. 78-18498 Filed 7-3-78; 8:45 am] the Federal Maritime Commission, that independent ocean freight for- 1100 L Street NW., Room 10218, or warder license No. 881 would be auto- may inspect the agreements at the matically revoked or suspended unless [6730-01] field offices located at New York, N.Y. a valid surety bond was filed with the New Orleans, La.; San Francisco, Commission on or before June 21, [Independent Ocean Freight Forwarder Calif.; Chicago, Ill.; and San Juan, 1978. License No. 1762] P.R. Interested parties may submit Section 44(c), Shipping Act, 1916, comments on each agreement, includ- provides that no independent ocean MANUEL ALONSO ing requests for hearing, to the Secre- freight forwarder license shall remain Order of Revocation tary, Federal Maritime Commission, in force unless a valid bond is in effect Washington, D.C. 20573, on or before and on file with the Commission. Rule The bond issued in favor of Manuel July 17, 1978. CommQnts should in- 510.9 of Federal Maritime Commission Alonso, 94-11 60th Avenue, Apt. 4E, clude facts and arguments concerning general order 4, further provides that Rego Park, N.Y. 11373, FMC No. 1762, the approval, modification, or disap- a license will be automatically revoked was ,canceled effective June 21, 1978. proval of the proposed agreement. or suspended for failure of a licensee By letter dated May 24, 1978, Comments shall discuss with particu- to maintain a valid bond on file. Manuel Alonso was advised by the larity allegations that the agreement Columbia Export Packers, Inc., has Federal Maritime Commission that in- is unjustly discriminatory or unfair as failed to furnish a valid surety bond. dependent ocean freight forwarder ii- between carriers, shippers, exporters, By virtue of authority vested in me cense No. 1762 would be automatically importers, or ports, or between export- by the Federal Maritime Commission revoked or suspended unless a valid ers from the United States and their as set forth in Manual of Orders, Com- surety bond was filed with the Com- foreign competitors, or operates to the mission order No. 201.1 (revised), sec- mission on or before June 21, 1978. detriment of the commerce of the tion 5.01(d), dated August 8, 1977. Section 44(c), Shipping Act, 1916, United States, or is contrary to the It is ordered, That independent provides that no independent ocean public interest, or is in violation of the ocean freight forwarder license No. freight forwarder license shall remain act. -881 be and is hereby revoked effective in force unless a valid bond is in effect A copy of any comments should also June 21, 1978. and on file with the Commission. Rule be forwarded to the party filing the It is further ordered, That independ- 510.9 of Federal Maritime Commission agreements and the statement should ent ocean freight forwarder license general order "4,further provides that indicate that this has been done. No. 881 issued to Columbia Export a license will be automatically revoked Agreement No. T-2832-E-2. Packers, Ific., be returned to the Com- or suspended for failure of a licensee Filing party: Mr. Frederick M. Lowther, mission for cancellation. to maintain a valid bond on file. Counsel for Cook Industries, Inc., Dickstein, It is further ordered, That a copy of Manuel Alonso has failed to furnish Shapiro & Morin, 2101 L Street NW., Wash. this order be published in the FEDERAL a valid surety bond. ington, D.C. 20037. REGISTER and setved upon Columbia By virtue of authority vested in me Summary: Agreement No. T-2832-E-2. be- Export Packers, Inc. by the Federal Maritime Commission tween the Port of Portland (port) and Co. as set forth in Manual of Orders, Com- lumbia River Terminal Co. (Columbia), ROBERT M. SKALL, modifies the parties' basic agreement pro- Deputy Director,Bureau of mission order No. "201.1 (revised), sec- viding for the lease to Columbia of certain CertificationandLicensing. tion 5.01(d), dated August 8,1977; premises to be used as a parking lot at the It is ordered, That independent [FR Doe. 78-18497 Filed 7-3-78; 8:45 am] Port of Portland, Oreg. The purpose of the ocean freight forwardei license No. modification is to provide for a third succes. 1762 be and is hereby revoked effec- sive 5.year option extension period to the [6730-01] .tive June 21, 1978.. basic agreement. It is further ordered, That independ- [Independent Ocean Freight Forwarder By order of the Federal Maritime ent ocean freight forwarder license Commission. License No. 1704-R] No. 1762 issued to Manuel Alonso be I.A.C. INTERNATIONAL CORP. returned to the Commission for can- Dated: June 29, 1978. cellation.. FRAN s C. HunRNE, Order of Revocation It is further ordered, That a copy of Secretary. , On June 9, 1978, I.A.C. International this order be published in the FEDERAL [FR Doec. 78-18500 Filed 7-3-78; 8:45 am] Corp., 793 Golf Lane, Bensenville, Ill. REGISTER and served upon Manuel 60106, voluntarily surrendered its in- Alonso. dependent ocean freight forwarder li- ROBERT M. SKALL, [6730-01] cense No. 1704-R for revocation. Deputy Director,Bureau of By virtue of authority vested in me CertificationanciLicensing. AGREEMENTS FILED by the Federal Maritime Commission [FR Do. 78-18499 Filed 7-3-78; 8:45 am] The Federal Maritime Commission as set forth in Manual of Orders, Com- hereby gives notice that the following

FEDERAL REGISTER, VOL. 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29031 agreements have been filed with the will construct building improvements up to modifies the basic agreement by deleting Commission for approval pursuant to a cost of $625,000 and yard Improvements at the present termination date of the right of Its sole expense; (10) amend paragraph 8 by Independent action (November 1. 1978) and section 15 of the Shipping Act, 1916, increasing the distance Sea-Land will clear makes the right of independent action per- as amended (39 Stat. 733, 75 Stat. 763, the apron of the wharf from 75 feet to 110 manent. 46 U.S.C. 814). feet from the waterfront: (11) bill Sea-Land Agreement No. 9838-6. Interested parties may inspect and directly for the use of utilities except for Filing Party: D. D. Day, Jr Secretary. obtain a copy of each of the agree- those parcels to be prorated with other as- Malaysia-Pacific Rate Agreement, 320 Cali- ments and the justifications offered signees; (12) add new paragraphs related to fornia Street; Suite 600, San Francisco, therefor at the Washington Office of the payment of taxes and reciprocal berth- Calif. 94104. the Federal Maritime Commission, ing rights; and (13) provide for McLean In- Summary:. Agreement No. 9836-6 would 1100 L Street NW., Room 10218; or dustries, Inc., to act a guarantor. amend the self-policing provisions of the Agreement No. 57-111. Malaysia-Paciffc Rate Agreement to con- may inspect the agreements at the form to the requirements of the Commis- Field Offices located at New York, Filing Party, D. D. Day, Jr., Chairman. Pacific Westbound Conference, 320 Califor- sion's new self-policing rules as contained in N.Y.; New Orleans, La.; San Francisco, reviz-ed General Order 7 (Part 528 of Title Calif.; Chicago, fll.; and San Juan, nia Street, Suite 600. San Francisco, Calif. 94104-. 46 CFR). In particular, the proposed modifi- P.R. Interested parties may submit Summary: Agreement No. 57-111 Is an ap- cation provides for the appointment of a comments on each agreement, includ- plication filed on behalf of the member neutral body for the purpose of investigat- ing requests for hearing, to the Secre- lines of the Pacific Westbound Conference ing upon its own initiative and/or written tary, Federal Maritime Commission, Agreement No. 57 to (1) amend article complaints in accordance with the terms 11(a)(1) thereof to nclude article 25 in the and conditions set forth in the agreement. Washington, D.C. 20573, on or before Agreement No. 9836, as amended, presently July 25,- 1978. Comments should in- list of articles enumerated therein which, If violated, constitute a malpractice; and (2) provides for self-policing by arbitration. clude facts and arguments concerning delete the following paragraph from article Agreement No- 9836-7. the approval, modification, or disap- 25: Filing Party: D. D. Day. Jr., Secretary, proval of the proposed agreement. Each party hereto has a duty to report to Malaysia-Pacific Rate Agreement, 320 Cali- Comments shall discuss with particu- the Chairman any information as to a viola- fornla Street. Suite 600, San Francisco, larity allegations that the agreement tion of this article. The Chairman shall in- Calif. 94104. is unjustly discriminatory or unfair as vestigate any information indicating a possl- Summary:. Agreement No. 9836-7 would between carriers, shippers, exporters, ble violation and has the authority to amend the Malays-iaPacific Rate Agree- outside assistance at conference ex- ment by adding a new Article 9 reading as importers, or ports, or between export- employ follow= ers from the United States and their penses to assist In such investigation. Viola- tions of this article shall be dealt with in ac- Armc=x 9-Sworn Measurer foreign competitors, or operates to the cordance with article 13. detriment of the commerce of the "The parties from time to time may faint- United States, or is contrary to the Agreement No. 57-112. ly employ and subsequently discharge one public interest, or is in violation of the Filing Party:. D. D. Day, Jr., Chairman, or more cargo impection agencies at any Pacific Westbound Conference, 320 Califor- act. nia Street, Suite 600, San Francisco, Calif. port at which cargo in the Malaysia Trade is A copy of any comments should also 94104. loaded or dlcharged. Such agencies shal1be be forwarded to the party filing the Summary:. Agreement No. 57-112 is an ap- (1) charged with the ressponsibility for meas- agreements and the statement should plication on behalf of the member lines of uring, weighing, and Inspecting cargo, and checking records. all as may be required, to indicate that this has been done. the Pacific Westbound Conference to amend article 14, paragraph (4)(a) of the ap- ensure that hipments are properly mea:- Agreement No.: T-2401-3. pendix to extend the time within which a ured. weighed, described and billed, and (2) Filing Party: Richard L. Landes, Deputy member line can appeal a determination of paid for such services on a pro-rata basis by City Attorney, Office of the City Attorney a misrating to the Conference Micrating the individual party carrying the cargo re- of Long Beach, City Hall, 333 West Ocean Committee. The time Is extended to 30 cal- celving the Cervice or in such other manner Boulevard, Long Beach, Calif. 90802. endar days Instead of 15 working days. as the parties hereto may determine. The Summary:. Agreement No. T-2401-3, be- parties shall name any such agencies in a tween city of Long Beach (city) and Sea- Agreements Nos. 7680-37. 9420-7. common tariff which tariff may also set Land Services, Inc., (Sea-Land), modifies the Filing Party:. Seymour H. Kllgler, Esq., forth rules and regulations pertaining to basic agreement which provides for the Brauner Baron Rozenzwelg EHlgler & the cmployment and other activities of such Sparber, (The Firm of Herman Goldman), agences." preferential assignment covering the lease Attorneys at Law, 120 Broadway New York, to Sea-Land of certain premises for use as a Agreement No- 10012-3. N.Y. 10005. . marine terminal. The purpose of the modifi- Filing Party P. Conger Fawcett, Esquire. Summary: Agreements Nos. 7680-37 and Graham & James:'One IMaritime Plaza, San cation is to: (1) reduce the area of parcel 1 9420-7 would amend the self-policing provi- by approximately 29.56 acres by releasing sions of the American West African Freight FrancL-co. Calif. 94111. parcel 1B back to city and reduce the Conference and the United State3 Grcat Summary:. Agreement No. 10012-3 Is an monthly compensation and other related Lakes and St. Lawrence River Ports/West application on behalf of the member lines of charges (including utility charges); (2) elimi- Africa Rate Agreement, recpectively, to con- the Austral.a-Pacific Coast Rate Agreement nate paragraph 2(b) providing for Sea- form to the requirements of the Commis- (No. 10012) to extend the terms and condi- Land's option for parcel I; (3) grant Sea- sion s new self-pollcing rules as contained In tion3 of the presently approved intermodal Land an option for the reassignment of all revised general order 7 (Part 528 of Title 46 authority under the agreement for an un- or any part of berth 229, pier G, at which CFR). limited period beyond the prezent expira- time rental will be negotiated by the parties; Agreement No.: 8090-16. tion date of Augus-t 31, 1978. Agreement NO. (4) grant certain secondary users rights to Filing Party: Marc J. Fink. Esquire. BIlig, 10012 covers an arrangement for the estab- the wharf, adjacent wharf premises, includ- Sher & Jones, P.C., Suite 300. 2033 K Street lishment and maintenance of freight rates ing crane rails and related utility facilities; NW., Washington, D.C. 20000. on cargo moving from ports in Australia, (5) delete paragraph 41 which provides for Summary: Agreement No. 8090-16, among and Inland points via such ports, to ports on the assignment of newly developed land the members of the Mediterranean/North the Pacific Coast of the United States and areas; (6) add a new paragraph providing for Pacific Coast Freight Conference modifies Inland points via such ports. the payment by city of $109,625 as partial the agreement by adding inland points In Agreement No- 10023-6. consideration, for the execution of this Greece to the scope of the agreement and Filing Party: John D. Straton, Jr, Direc- amendment; (7) add a new paragraph which also authorizes the Conference to consult tor-Rates and Conferences. Moore-McCor- gives Sea-Land no right of relocation assist- and agree with other conferences in inland mack Line, In., 2 Broadway, New York, ance or payment from city upon expiration European matters. N.Y. 10004. or earlier termination of the agreement; (8) Agreement No- 9522-36. Summary:. Agreement No. 10028-6, by and add a new paragraph prohibiting Sea-Land Filing Party:. Marc J. Fink. Esquire. Billig, among Moore-McCormack Lines Inc., Com- from discriminating against employees or Sher & Jones, P.C., Suite 300, 2033 K Street panhia de Navegacao Iloyd Brasileiro, and applicants for employment because of race, NW., Washington, D.C. 20006. Companhia de Navegacao Maritima Netu- sex, color, religion, ancestry, or national Agreement No. 9522-36. among the mar. amends the parties' basic cargo reve- origin; (9) amend paragraph 7 whereby city member lines of the Med-Gulf Conference, nue pooling and sailing agreement in the

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29032 NOTICES

northbound trade from Brazilian ports to section 3(a)(1) of the Bank Holding The application may be inspected at U.S. Atlantic ports to include in the revenue Company Act (12 U.S.C. 1842(a)(1)) to the offices'of the Board of Governors pool the revenues derived from cargo loaded become a bank holding, at the Brazilian port of Sao Sebastlao. Fur- company by or at the Federal Reserve Bank of At. ther, the agreement provides that each acquiring 80 percent or more of the lanta. Any person wishing to comment party Is to make at least six port calls at voting shares of First National Bank on the application should submit views this port during each pool period. of Gillette, Gillette, Wyo.'The factors in writing to the Secretary, Board of Agreement No.: 10159-6. that are considered in acting on the Governors of the Federal Reserve Filing Party: John K. Cunningham, Chair- application are set forth in section 3(c) System, Washington, D.C. 20551, to be man, American West African Freight Con- of the act (12 U.S.C. 1842(c)). reteived not later than July 25, 1978. ference, 67 Broad Street, New York, N.Y. The application may be inspected at 10004. .,the offices of the Board of Governors Board of Governors of the Federal Summary: Agreement No. 10159-6 has or at the Federal Reserve Bank of Reserve System, June 28, 1978. Lines, been entered into by Barber A/S; Kansas City. Any person wishing to GmrrFTn L. GARWOOD, Black Star Line, Ltd.;Compagnle Maritime comment Beige, S.A.; Compagnie Maritime Des Char- on the application should Deputy Secretary geurs Reunis, S.A.; Companhia submit views in writing to the Reserve of the lPoard. Naciona1 De Bank, to Navegacao, Companhia De Navegacao Ango- be received not later than [FR Doc. 78-18496 Filed 7-3-78" 8:45 am] lana S.A.R.L.; Compagnie Maritime Zair- July 24, 1978. oise, S.A.R.L.; Westwind Africa Line; Dafra Board of Governors of the Federal Lines; Delta Steamship Lines, Inc.; Elder Reserve System, June 28, 1978. [6820-24] Dempster Lines, Ltd.; Farrell Lines, Inc.; Nopal West African Line and the American GRIFFITH L. GARWOOD, GENERAL SERVICES West African Freight Conference, for the DeputySecretary ADMINISTRATION purpose of (1) extending the terms and con- of the Board. ditions of the presently approved agreement [GSA Bulletin FPMR A-68] beyond the current expiration date of De- [FR Doc. 78-18494 Filed 7-3-78; 8:45 am] cember 31, 1978 until December 31, 1980; (2) DISTRIBUTION OF FPMR MATERIALS amending Article 5(a) to increase from 2,400 to 3,000 weight tons the tonnage each line is [6210-01] 1. Purpose.This bulletin provides in- allocated to carry for discharge at Its desig- formation concerning agency requests nated berth, and to provide that said ton- HARUNGEN NATIONAL BANCSHARES, INC., for the distribution of FPMR materi- nage which may be increased by mutual Formation of Bank Holding Company als. agreement if an average of more than 400 2. Expiration date. This bulletin ex- weight tons Is discharged per day, be in- Harlingen National Bancshares, Inc., pires June 30, 1979. creased to 500 weight tons; and (3) adding a Harlingen, Tex., has applied for the new Article 16 which makes provisions 3. Background. a. The provisions of for Board's approval under section 3(a)(1) FPMR 101-1.104-2 require agencies to discharged cargo in excess of the agreed of the Bank Holding Company Act (12 maximum ton allocation. desighate an official to serve as liaison U.S.C. 1842(a)(1)) to become a bank with the General Agreement No. 10159, as amended, autho- holding company by acquiring 81 per- Services Administra-, rizes the member lines thereof (all of whom cent or more of the voting tion (GSA) on matters pertaining to are members of the American West African shares of the distribution of the FPMR and Freight Conference) Harlingen National Bank, Harlingen, to rationalize their Tex. The other publications in the FPMRt series. berth services at the port of Lagos/Apapa, factors that are considered Ib. In accordance with instructions in acting on Nigeria to insure that no mord than two ves- the application are set provided GSA by the agency, sels are In port at one time. forth in section 3(c) of the act (12 the Agreement No. 10342. U.S.C. 1842(c)). FPMR and other publications are Filing Party: Frank V. Quinn,. General The application may be inspected at shipped in bulk to agency activities. Manager, Documentation Services, Farrell the offices of the Board of Governors These materials are available only" Lines Inc., One Whitehall Street, New York, or at the Federal Reserve Bank of through the procedures provided in N.Y. 10004. Dallas. Any person wishing to com- this bulletin and cannot be obtained Summary. Agreement No. 10342, between from GSA regional offices. Farrell Lines Inc. and Zambezi Africa Line ment on the application should submit views in writing to the Reserve Bank, 4. Agency guidelines-a.Distribution (PTY) Ltd., provides for through carriage of of FPMR materials.Procedures for es- general cargoes between Mauritlus, Re- to be received not later than July 25, union, Malagasy Republic, Comoro 1978. tablishing initial requirements for Islands, FPMIR materials are set forth in Mozambique, and the Seychelles Islands Board of Governors and U.S. Atlantic ports with transshipment of the Federal FPMR 101-1.104-2. To establish or at ports in the Republic of South Africa in Reserve System, June 28, 1978. revise requirements for the FPMR and accordance with the terms and conditions GiuIrI L. GARWOOD, other publications in the FPMR series, set forth In the agreement. Deputy Secretary the agency publications liaison officer By Order of the Federal Maritime of the Board. submits consolidated requirements, in. Commission. [FR Doc. 78-18495 Filed 7-3-78; 8:45 cluding those of field activities, and am] changes in such requirements, on GSA Dated: June 28, 1978. form 2053, Agency Consolidated Re- FRxcIs C. HunR=y, [6210-01] quirements for GSA Regulations and Other External Issuances. This form, Secretary. SOUTHERN BANCORPORATION OF ALABAMA (FR Doc. 78-18501 Filed 7-3-78; 8:45 am] which is submitted to General Services Acquisition Administration (FFP), Washington, of Bank D.C. 20406, is used to: [6210-01] Southern Bancorporation of Ala- (1) Initially place an agency on a dis. bama, Birmingham, Ala., has applied tribution list; FEDERAL RESERVE SYSTEM for the Board's approval under section . (2) Increase or decrease the number 3 (a)(3) of the Bank Holding Company of copies to be received by an agency; FIRST NATIONAL BANK OF GILLETTE HOLDING Act (12 U.S.C. 1842(a)(3) to acquire 80 (3) Change an agency address; or CO. percent or more of the voting shares (4) Change any other pertinent in.- Formation of Bank Holding Company of First National Bank of Attalla, At- formation such as the name of an talla, Ala. The factors that are consid- agency or agency publications liaison First National Bank of Gillette ered in acting on the application are officer. Holding Co., Gillette, Wyo., has ap- set forth in section 3(c) of the Act (12 b. Distribution of GSA handbooks. plied for the Board's approval under U.S.C. 1842(c)). (1) Certain GSA handbooks issued

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29033 pursuant to the FPMR (FEDSTRIP agency publications liaison officer con- ice Commission involving an applica- Operating Guide (FPMR 101-26.2), tact GSA (FFP) for assistance. tion of Consolidated Edison Co. of New York for an increase in rate Emergency Supply Support Oper- JAY SOLOMON, ations (FPMR 101-34.3), and Discrep- charges for electric service. The Ad- Administratorof ministrator of General Services repre- ancies or Deficiencies in GSA or DOD GeneralServices. Shipments, Material, or Billings sents the interests of the executive (FPMR 101-26.8)) are distributed to JuNE 20, 1978. agencies of the U.S. Government as with the [FR Doc. 78-18439 Filed 7-3-78: 8:45 am] consumers of electric services. agencies in accordance of instructions furnished on GSA form Persons desiring to make inquiries 457, FSS Publications Mailing List Ap- GSA concerning this case should plication, use of which is prescribed in [6820-25] submit them, in writing, to Mr. Spence No. 7220] W. Perry, Assistant General Counsel, FPMR 101-26.402-3. To establish ini- Intervention Notice 703; Case Division, General Ser- tial requirements or to revise or termi- Regulatory Law nate requirements previously estab- MARYLAND PUBLIC SERVICE COMMISSION; vices Administration, 18th and F handbooks, a GSA CHESAPEAKE & POTOMAC TELEPHONE CO. Streets NW, Washington, D.C. 20405, lished for these telephone 202-566-0726, on or before form 457 should be submitted by the Proposed Intervention In Telephone Directory officer to August 4, 1978, and refer to this notice agency publications liaison Assistance Charge Proceeding number. General Services Adminitration on Ser- The Adminitrator of General Ser- Persons making inquiries are put (8FFS), Centralized Mailing List notice that the making of an inquiry vices, Building 41, Denver Federal vices seeks to intervene in a proceeding before the Maryland Public Serv- shall not serve to make any persons Center, Denver, Colo. 80225. In those parties of record in the proceeding. agencies where the publications liaison ice Commission concerning the appli- officer does not control the submission cation of the Chesapeake & Potomac (Sec. 201(a)(4). Federal Property and Ad- of GSA forms 457, care should be ex- Telephone Co. for directory assistance mlnistratve Services Act, 40 U.S.C. ercised by the ordering office to avoid charging. The Administrator of Gener- 481(a)4).) duplication of requirements. al Services represents the interests of Dated: June 26, 1978. (2) To establish initial requirements the executive agencies of the U.S. or to revise or terminate requirements Government as users of teleconmuni- JAY SOLOMO:, previously established for any GSA cations services. Administratorof handbook other than those listed in The Chesapeake & Potomac Tele- GeneralServices. subpar. 4b(l), above, the agency publi- phone Co. proposes to impose a 20- [FR Doc. 78-18441 Filed 7-3-78; 8:45 am] cations liaison officer should submit a cent charge on directory assistance letter to GSA (FFP) for appropriate calls and a 40-cent charge on operator action. If requirements are being re- assisted directory assistance calls, to [4110-89] vised of terminated, the letter should be offset by a 30-cent monthly reduc- DEPARTMENT OF HEALTH, tion in basic exchange rates. The pro- cite both the previous requirements EDUCATION, AND WELFARE and the current requirements. posal may result in cost increases to c. Discrepancies in the distribution the executive agencies. Office of Education of FPMR material. Individual agency Persons desiring to make inquiries of addressees who experience discrepan- GSA concerning this case should NATIONAL ADVISORY COUNCIL FOR CARER cies in the distribution of FPMR mate- submit them, in writing, to Mr. Spence EDUCATION W. Perry, Assistant General Counsel, rial though the publications liaison of- Meeting ficer program should contact the pub- Regulatory Law division, General Ser- lications liaison officer, who in turn vices Administration, 18th and F AGENCY: Office of Education, Na- will contact GSA (FFP). Streets NW., Washington, D.C. 20405, tional Advisory Council for Career d. One-time requests for additional telephone 202-566-0726, on or before Education. August 4, 1978, and refer to this notice copies of a specific FPMR publication ACTION: Notice. above and beyond quantitiesprevious- number. ly established. (1) If initial require- Persons making inquiries are put on SUIMARY: This notice sets forth the ments for the publication were estab- notice that the making of an inquiry schedule and proposed agenda of lished on GSA form 2053, a letter shall not serve to make any persons forthcoming meeting of the National should be submitted by the publica- parties of record in the proceeding. Advisory Council for Career Educa- tions liaison officer to GSA (0FP). (Section 201(a)(4), Federal Property and Ad- tion. It also describes the functions of (2) If initial requirements for the ministrative Services Act, 40 U.S.C. the Council Notice of the meeting is publication were established on GSA 481(a)(4).) required pursuant to section 10(aX2) of the Federal Advisory Committee form 457, a letter should be submitted Dated: June 22, 1978. by the publications liaison officer to Act (Pub. L. 92-463.) This document is GSA (8FFS). JAY SOLOMON, intended to notify the general public e. Distribution of non-FPMR-related Administratorof of their opportunity to attend. materials.Agency personnel requiring GeneralServices. DATE: July 21,1978. [FR Doc. 78-18440 Filed 7-378; &45 am] GSA publications which are not part ADDRESS: Room 3000, FOB No. 6, of the FPMR distribution system 400 Maryland Avenue SW., Washing- should contact their agency publica- ton, D.C. 20202. tions liaison officer to determine [6820-24] whether consolidated requirements [Intervention Notice 71; Docket No. 27353] FOR FRTI.ER INFORMATION will be submitted to GSA. CONTACT. 5. Agency assistance. Assistance re- NEW YORK PUBUC SERVICE COMMISSION; EDISON CO. OF NEW YORK Dr. Joseph Scherer, Office of Educa- garding distribution requirements or CONSOLIDATED tion, Office of Career Education, 7th discrepancies in distribution will be Proposed Intervention In Utility Rofe and D Streets SW., Room 3100, ROB provided to agency publications liaison Proceeding No. 3, Washington, D.C. 20202, 202- officers by GSA (FFP), telephone 245-2547. number 703-557-5026. Other agency The Administrator of General Ser- individuals should not contact GSA di- vices seeks to intervene In a proceed- The National Advisory Council for rectly but should request that the ing before the New York Public Serv- Career Education is established under

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29034 NOTICES section 406 of the Education Amend- [4110-021 public inspection at the office of the ments of 1974, Pub. L. 93-380, (88 Stat. Council's Executive Director, located 552, 553.) The Council is directed to: at 425 13th Street NW., Suite 412, Advise the Commissioner of Educa- NATIONAL ADVISORY COUNCIL ON Washington, D.C. 20004. tion on the implementation of section VOCATIONAL EDUCATION Signed at Washington, D.C., on June 406 of the Education Amendments of Meeting 29, 1978. 1974, sections 331-336 of the Educa- GEORGE WALLRODT, Notice is hereby given, pursuant to Acting Executive Director. tion Amendments of 1976, and the Pub. L. 92-463, that the National Advi- Career Education Incentive Act and sory Council on Vocational Education [FR Doe. 78-18455 Flied 7-3-78; 8:45 am] carry out such advisory functions as it will hold a meeting closed to the deems appropriate, including review- public from 8:30 a.m. to 4 p.m. on [4110-85] ing the operation of these sections and August 3, 1978, local time, at the West- all other programs of the Division of ern Hills Guest Ranch, Wagoner, Public Health Service Education pertaining to the develop- Okla. On August 4, 1978, from 9 a.m. ment and implementation of career to 12 noon, local time, the National DELEGATIONS OF AUTHORITY education, evaluating their effective- Advisory Council on Vocational Educa- Notice is hereby given that the fol- ness in meeting the needs .of career tion meeting will be open to the lowing actions have been taken within education throughout the United public. the Public Health Service with regard States, and in determining the need The meeting of August 3, 1978, will to delegated authorities for adminis- for further legislative remedy in order be closed to the public in accordance tering the programs of the Public with the provisions of section 10 (d), Health Service: that all citizens may benefit from the Federal Advisory Committee Act, Pub. purpose of career education as de- 1. Revocation by the Assistant Secre- L. 92-463 and title V, United States tary for Health of all delegations of scribed in section 406 and in the Code, section 552b(c) (2) and (6). The authorities which pertain to the func- Career Education Incentive Act. purpose of the closed meeting is to dis- tions currently assigned to the Public The Council with the assistance of cuss internal personnel matters with Health Service made by the Assistant the Commissioner conducted a survey regard to the selection of a new Execu- Secretary for Health to the Deputy and assessment of the current status tive Director, and documents may be Assistant Secretary for Health-Pro- of career education programs, pro- presented which, if open to the public, grams, excluding the delegations of jects, curricula, and materials in the would constitute a clearly unwarrant- personnel, financial, and administra- United States and submitted to Con- ed invasion of personal privacy. tive management authorities; gress a report on such survey. The National Advisory Council on 2. Revocation by the Assistant Secre- The Assistant Secretary shall, to the Vocational Education is established tary for Health of all delegations under section 104 of the Vocational made by the Assistant Secretary for extent practicable, seek the advice and Education Amendments of 1968 (20 assistance of the Council concerning Health-Programs to the Deputy As- U.S.C. 1244). The Council is directed sistant Secretary for Health Policy, the lifelong learning activities author- to advise the Commnissioner of Educa- Research, and Statistics of authorities ized by sec. 133, part B, title I of the tion concerning the administration of, which pertain to the functions cur- higher Education Act of 1965, as preparation of general regulations for, rently assigned to the National Center amended. and operation of vocational education for Health Statistics and the National The meeting of the Council shall be programs, supported with assistance Center for Health Services Research, open to the public. The meeting will under the act; review the administra- excluding the delegations of person- be held on Friday, July 21, 1978, and tion and operation of vocational edu- nel, financial, and administrative man- will begin at 9 a.m. and end at 4:30 cation programs under the act, includ- agement authorities; p.m. The meeting will be held at the ing the effectiveness of such programs 3. Revodation by the Assistant Secre- Federal Office Building No. 6 (FOB in meeting the purposes for which tary for Health of all delegations they are established and operated, made by the Deputy Assistant Secre- No. 6), located at 400 Maryland' make recommendations with respect Avenue SW., Room 3000, Washington, tary for Health--Programs to the Ad- thereto, and make annual reports of D.C. 20202. ministrator, Alcohol, Drug Abuse, and its findings and recommendations to Mental Health Administration: the Di- The proposed agenda includes: the Secretary of HEW for transmittal rector, Center for Disease Control; the (1) Swearing in of new members. to the Congress, and conduct inde- Commissioner of Food and Drugs; the (2) Discuss structure and function of pendent evaluation of programs car- Administrator, Health Resources Ad- Council. ried out under the act and publish and ministration; the Administrator, (3) Discuss legislative progress. distribute the results thereof. (4) Nominate vice chairperson and estab- Health Services Administration; and lish subcommittees. The agenda shall include: the Director, National Instituts of (5) Other business. Health of authorities which pertain to AUGUST 3, 1978-CLosED the functions currently assigned to Records shall be kept of all Council A.M.-Convene at 8:30; report of the Chair- their respective organizations; and proceedings and shall be available 14 man; presentations of candidates for posi- 4. Delegation by the Assistant Secre- days after the meeting for pulic in- tion of Executive Director. tary for Health to the Deputy Assist- spection at the Office of Career Edu- P.M.-Discussion of candidates and election ant Secretary for Health Policy, Re- cation located at 7th and D Streets of the Executive Director. search, and Statistics: the Administra- SW., Room 3100, ROB No. 3, Washing- AuGusT 4, 1978-OPEN tor, Alcohol, Drug Abuse, and Mental ton, D.C. 20202. Health Administration; the Director, A.M.-Report of the Chairman on closed Signed at Washington, D.C., on June meeting, report from the USOE; discus- Center for Disease Control; the Com- missioner of Food and Drugs; the Ad- 28, 1978. sion of Council activities/calendar; task force reports. Ininistrator, Health Resources Admin- JOHN LINDIA, istration; the Administrator, Health Delegate,National Advisory For further information call: Services Administration: and the DI- Councilfor CareerEducation. Virginia Solt, 202-376-8873. rctor, National Institutes of Health, [FR Doc. 70-18451 Filed 7-3-78; 8:45 am] Records of the meeting proceedings with authority to redelegate consist- shall be kept and made available for ent with provisions of the respective

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29035 delegations, of all the authorities Si3=n PaUnC'A LMmmrAx. Wyouxmo DISTRICT OF COLUMBIA which pertain to the functions cur- T. 19 N., T. 93 W., Washington or- Sec. 2. SEV SEV4 rently assigned to their respective Anacostia HistoricDistrict, roughly bound- ganizations and which had been dele- The proposed pipeline will transport ed by Mapleview PL, Martin Luther King gated to them by the Deputy Assistant natural gas from the Champlin 242 D- Ave. Good Hope Rd.. Fendall Pt, W. 15th Secretary for Health-Programs. Pro- 1 in the SW% section 11 in a north- and High Sts. vision was made for all delegations or easterly direction to a point of connec- redelegations of such authorities to of- tion with the gathering line in section IDAHO ficials or employees of the Office of 1, T. 19 N., R. 93 W., Carbon County, Ada County Health Policy, Research, and Statistics Wyo. within the Office of the Assistant Sec- The purpose of this notice Is to BoLe. Alexanders, 9th and Main Sts. retary for Health; the Alcohol, Drug will Boie. Boise City National Bank, 8th and Inform the public that the Bureau Idaho Ss. Abuse, and Mental Health Administra- be proceeding with consideration of Boise, Idaho Building,Bannock and 8th Sts. tion; the Center for Disease Control whether the application should be ap- BoL-e, Union Block and fIontandon Build- the Food and Drug Administration; proved and, if so, under what terms ings., 8th and Idaho Sts. the Health Resources Administration and conditions. the Health Services Administration; Interested persons desiring to ex- CaribouCounty the National Institutes of Health; and press their views should do so prompt- Soda Springs. Hopkins, William, House, 300 the PHS Regional Offices; and to ly. Persons submitting comments . Hooper Ave. other Public Health Service officials should include their name and address to continue in effect, pending issuance and send them to the District Man- KENTUCKY of further redelegations. ager, Bureau of Land Management, J'eszamlne County The actions cited above became ef- 1300 Third Street, P.O. Box 670, Raw- June 23, 1978. lins, Wyo. 82301. NlcholasVfle vicinity, McCtzure-Shebj fective House, 5 mL (8 In) E of Nicholasville on Dated: June 23, 1978. WrLLw~m S. G,iEm, Ky 169. Acting Chief,Branch of Lands JuLius B. Ricmmoxo, Scott County Assistant Secretaryfor Health. and MineralsOperations. [FR Doc. 78-18463 Filed 7-3-78; 8:45 am] Georgetown vicinity, Johnson-Pence House, [FR Doe. 78-18465 Filed 7-3-78: 8:45 am] W of Georgetown off U.S. 460. [4310-03] MISSISSIPPI [4310-84] Heritage Conservation and Recreation Service Adams County DEPARTMENT OF THE INTERIOR Natchez, Richmond, S. Canal St. NATIONAL REGISTER OF HISTORIC PLACES Bureau of Land Management 'Claiborne County Notification of Pending Nominations Washington Alcom vicinity. Bethel PrezbyterianChurch, Nominations for the following prop- N of Alcorn on MS 552. Filing of Corrective Dependent Resurvey Plot erties being considered for listing in GrenadaCounty JuNE 26, 1978. the National Register were received by the Heritage Conservation and Recre- Grenan. GrenadaBan?;, 223 Ist St. Notice is hereby given that effective ation Service before June 23, 1978. at 10 am., August 10, 1978, a correc- Pursuant to section 60.13(a) of 31 CFR Londes County tive dependent resurvey plat of T. 32, Part 60, published in final form on Columbus, Harris-Banks Hou 122 7th N., R. 42 E., W.M., restoring the quar- January 9, 1976, written comments Ave. S. ter section comer of sections 3 and 34 concerning the significance of these Columbus. Wearer Place (Erralton),216 3rd and the quarter section comer of sec- properties under the National Register Ave. S. tions 2 and 35 to their true original lo- criteria for evaluation may be forward- cation, will be officially filed of record ed to the Keeper of the National Reg- MONTANA in the Oregon State Office, Bureau of ister, Office of Archeology and Histor- Je~fferon County Land Management, 729 North East ic Preservation, U.S. Department of Boulder vicinity, Basin Historic District 9 Oregon Street, Portland, Oreg. 97232. Washington, DC 20240. the Interior, ml. (14.4 kin) W of Boulder on MT 91. RoGER F. DIEztmG, Written comments or a request for ad- Chief,Branch of Recordsand ditional time to prepare comments Le is and Clark County DataManagement. should be submitted by July 17, 1978. Helena vicinity, Wasseiler Hotel and Bath [FR Doc. 78-18462 Filed 7-3-78; 8:45 am] Wrxu.wc J. MPRTAGH, HousM W of Helena on US. 12. Keeperofthe NationalRegister. Sweetgras County [4310-84] CALIFORNIA Springdale vicinity, Yellowstone Crossing, Bozeman Trail,NE of Sprlngdale on U.S. [W-63918] Alameda County 10. WYOMING Oakland. Fox-Oakland 27zeater, 1807-1829 NEW HAMPSHIRE Telegraph Ave. Application Belknap County CONNECTICUT JuNE 23, 1978. East Alton. Firs Freewill Baptizt Church, Middlesex County Notice is hereby given that pursuant Drew Hill Rd. to section 28 of the Mineral Leasing Essex. Essex HistoricDistric, irregular pat- Cheshire County tern centered on Main St., Middlesex Act of 1920, as amended (30 U.S.C. Tpke., and West Ave. Keene, Cheshire County Courthouse, 12 185), the Cities Service Gas Co. of Court St. Oklahoma City has filed an applica- DELAWARE tion for a right-of-way to construct a NEW MEXCO New Castle County 6% inch pipeline for the purpose of Quay County transporting natural gas across the Port Penn vicinity, Hazel Glen, W of Port following described public lands: Penn on DE 420. Montoya. Richardson Store, off 1-40.

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29036 'NOTICES

San Miguel County King William County Gila County Roclada vicinity, Pendaries Grist Mil4 1 ml. Falls vicinity, Chericoke, 3.2 ml. (5.1 kin) W Globe, Dominion Hotel, S. Broad St. (5-22- (1.6 kin) E of Roclada off NM 105. of Falls on VA 666. 78). [PR Doe. 78-18352 Filed 7-3-78; 8:45 am] Globe, Old Dominion Library, Murphy St. Sierra County (5-22-78). Arrey vicinity, PerchaDiversion Dam, 2 mi. (3.2 kin) NE of Arrey. [4310-03] Navajo County Taos County Winslow vicinity, Brigham City, N of Wins- NATIONAL REGISTER OF HISTORIC PLACES low (6-9-78). Tres Pledras, Tres PiedrasRailroad Water Additions, Deletions, and Corrections Tower, Off U.S. 285. Yavapai County By notice in the FEDESRAL REGISTER of NEW YORK Wickenburg vicinity, Kay-El-Bar Ranch, N February 7, 1978, part II, there was of Wlckenburg on Rincon Rd. (5-22-78). Oneida County published a list of .the properties included in the National Register of His- ARKANSAS Oriskany Falls, First Congregational Free toric Places. Further notice is hereby Church, 177 N. Main St. given that certain amendments or revi- Jackson County Schoharie County sions in the nature of additions, dele- Jaeksonport vicinity, Hickory Grove Church tions, or corrections to the previously and School, N of Jacksonport (5-23-78). Cobleskill, Cobleskill HistoricDistrict irreg- published list are adopted as set out ular pattern along Washington Ave., Jefferson County Main, Grand, and Elm Sts. below. It is the responsibility of all Federal Altheiner vicinity, Roselawn, SW of Alt- NORTH CAROLINA agencies to take cognizance of the helimer off AR 88 (5-23-78). properties included in the National Franklin County Register as herein amended and re- CALIFORNIA Lousburg, Fuller House; 307 N. Main St. vised in accordance with section 106 of Alameda County the National Historic Preservation Act OREGON of 1966, 80 Stat. 16 U.S.C. 470 et seq. Oakland, Greek Orthodox Church of the As- sumption, 920 Brush St. (5-22-78). Multnomah County (1970 ed.), and the procedures of the Advisory Council on Historic Preserva- Amador County Portland, Beth Israel School, 1230 SW. Main tion, 36 CFR part 800. St. Fiddletown, Fiddletown, Off CA 49 (0-7-78). WILLIAM J. MURTAGH, SOUTH CAROLINA Keeper of the Humboldt County NationalRegister. Lexington County Carlotta, CarlottaHotel, Central Ave. (5-23- The following list of properties 78). West Columbia, New Brookla'nd Historic has been District roughly bounded by Alexander added to the National Register of Historic Los Angeles County Rd., Augusta, State, Spring, and Meeting Places since notice was last given in the Sts. February 7, 1978, "Federal Register." Na- Downey, Rives, James C., House, 10921 S. tional Historic Landmarks are designated Paramount Blvd. (5-22-78). TEXAS by NHL; properties recorded by the Histor- Los Angeles, Bullock's Wilshire Building, 3050 Wilshire Blvd. (5-25-78). Dallas County ic American Buildings Survey are designated by HABS; properties recorded by the Los Angeles, Bunche, Ralph I., House, 1221 E. 40th Pl. (5-22-78). Lancaster, Rawlins, Capt. R. A., House, S. Historic American Engineering Record are Dallas Ave. Los Angeles, Pan-Pacific Auditorium, 7600 designated by HAER; properties receiving Beverly Blvd. (6-16-78). UTAH grants-in-aid for historic preservation are Monro~ia, Aztec Hotel, 311 W. Foothill Blvd. designated by G. ' (5-22-78). Carbon County South Pasadena, Rialto ALABAMA Theatre, 1019-1023 Helper, Helper Commercial District bound- Fair Oaks Ave. (5-24-78). ed by RR. tracks, Janet, 1st West, and Madison County Whittier, Southern Pacific Railroad Sta- Locust Sts. Huntsville, Hundley Hous4 401 Madisoh St. tion, 11825 Bailey St. (5-22-78). Garfield County (5-22-78). Main County Hanksvllle vicinity, Susan's Shelter, S of ALASKA Larkspur, Dolliver House, 58 Madrono AVe, Hanksvlle. (5-22-78). Bristol Bay Division Salt Lake County Kanatak vicinity, Takli Island Archeological Mariposa County Salt Lake City, B'Nai Israel Temple, 249 S. District N of Kanatak in Katmai National El Portal, Track Bus No. 19, CA 140 (5-22- 400 East. Monument (5-23-78). 78). Sanpete County Kenai-Cook Inlet Division El Portal, Yosemite Valley Railroad Caboose No. 15, CA 140 (5-22-78). Ephraim, Larsen-Noyes House 96 E. Center Cooper Landing, Cooper Landing Post St. Office, Sterling Hwy. (5-23-78). Napa County Ninilehik, Holy Transfigurationof Our Lord VERMONT Chapel,Sterling Hwy. (5-22-78). St. Helena, St. Helena Catholic Church. Oak and Tainter Sts. (5-23-78). CaledoniaCounty ARIZONA 'St. Helena, St. Helena High Schooi, 437 Peacham, Elkins Tavern, Bailey-Hazen Rd. Main St. (5-22-78). Apache County Orange County VIRGINIA Chambers vicinity, Kin Tiel, 18 mi. (28.8 kin) N of Chambers (5-22-78). Santa Ana, Smith-Tuthill Funeral Parlors, Amelia County 518 N. Broadway (5-19-78). Chula vicinity, St Coconino County John's Church, 3.8 ml. (6 San Diego km) W of Chula on VA 609. Page vicinity, Lonely Dell Ranch Historic County Deatonville vicinity, Farmer House, 3 ml. District SW of Page in Glen Canyon Na- San Diego, Temple Beth Israel, 1502 2d Ave. (4.8 kin) SE of Deatonville on VA 647. tional Recreation Area (5-19-78). (5-22-78) HABS.

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29037

San Luis Obispo County Putnam County DuPage County San Luis Obispo vicinity, Corral de Piedra,S Eatonton vicinity. Rock Eagle Site, N of Ea- Wheaton, DuPage County Courthous 200 of San Luis Obispo on Price Canyon Rd. tonton off GA 300 (5-23-78). Reber St. (6-7-78). (5-22-78). San Luis Obispo vicinity, Port San Luis Site, HAWAII Henry County S of San Luis Obispo (5-22-78). Hawaii County Hennepin Canal Historic District. Refer- ence-see Bureau County. SantaBarbara County Halawa, Tong Wo Society Building, HI 27 Santa Barbara vicinity, Hammond's Estate (6-9-78). Madison County Site, E of Santa Barbara (5-19-78). Kealakekua, Grenwell Store, HI 11 (5-22- Alton, Christian Hill Historic District, 78). 7th, Santa ClaraCounty roughly bounded by Broadway, Belle, IDAHO Cliff. Bluff, and State Sta. (5-22-78). Morgan Hill, Villa Mira Monte, 17860 Mon- terey Rd. (5-25-78). Ada County Mazsac County Sonoma County Boise, SL John's Cathedral, 8th and Hays Metropolis, Curti, Eliah P, House, 405 Sits. (5-24-78). Market St. (6-9-78). Sebastopol vicinity, Llano Road Roadhouse, 4353 Gravenstein Hwy. S. (5-22-78). Adams County Morgan County Jacksonville. Jacksonville Historic Lkstrict Tulare County Council. Pomona Hotel, Main and Moser Sts. (5-22-78). roughly bounded by Anna, Mound, Finley, Three Rivers vicinity, Giant Forest Village. New Meadows. Hegho, CoL E.A.L, House, ID Dayton. Lafayette and Church Sts. (-9- Camp Kaweah Historic District, N of 55 (5-22-78). 78). Three Rivers in Sequoia National Park (5- Union County 22-78). Idaho County Anna, Stirson Memorial Library, 409 S. Tuolumne County Kooskia, State Bank of Koosk-ta, 1 S. Main SL (5-22-78). Main St. (6-9-78). Lee Vining vicinity, Great SierraMine His- T7iteside County toric Site, W of Lee Vining in Yosemite Hootenat County National Park (5-24-78). Coeur d'Alene, Coeur d'Alene Maonfc Hennepln Canal Historic District. Refer- ence-see Bureau County. Ventura County Temple, 525 Sherman Ave. (5-22-78). INDIANA Simi vicinity, Simi Adobe-Stratheam Hous Latah County 137 Strathean P1. (5-19-78). Moscow. Skattaboe Block; Main and 4th St. Barthoomew County (5-22-78). COLORADO Columbu, Mc.Ewen-Samuels-Marr House, Owyhee County Z24 3rd St. (5-22-78). Denver County Homedale vicinity, Poison Creck Stage Sta. Grant County Denver, Curry-ChucovichHous4 1439 Court tion, S of Homedale off Jump Creek Rd. Pl (6-9-78). (5-22-78). Matthews. Cumberland Covered Bridge, SR River (5-22-78). Denver, Moore, Dora, Elementary Schoo E. Murphy vicinity, 2Bernard's Ferrj, N of 1000 over Missinewa 9th Ave and Corona St. (6-9-78). Murphy off ED 78 (5-22-78). Lake County , DELAWARE Payette County Gary, Stewart, John, Settlement House, 1501 Massachusetts St. (6-7-78). New Castle County Payette. CoughanourApartment Block, 700- 718 1st Ave. N. (5-23-78). Marion County Hockessin, Public School No. 29, Valley Rd. and Old Lancaster Pike (5-22-78). Washington County Indianapolis, Pieron-Gr.ffiths House 102. St. (5-22-78). Montchanin, Montchanin Historic District Weiser, Haas, Bernard, House, 377 E. Maln N. Delaware DE 100 (6-9-78). St. (5-22-78). Newark, Dean, Joseph, & Son Woolen Mil, St. Joseph County Race and Deandale Sis. (5-22-78) HAER. ILUNOIS Notre Dame, University of Notre Dame.: Yorklyn, GarrettSnuff Mill. Ict. DE 82 and Mlain and South Quadrang!e, Off 1-80/90 Yorklyn Rd. (5-22-78) HAER. Adams County (5-23-78). Sussex County Clayton vicinity, Roy, John, Site, S of Clay- WarMk County ton (5-22-78). Laurel vicinity, Chipman'sMi, E of Laurel Newburgh, Old Newburgh Presbyterian on SR 465 (5-22-78). Alexander County Church, N. State and W. Main St. (5-23- Seaford, Seaford Station Complex, Nanti- Willard vicinity, Dogtooth Bend Mounds '73). coke River at Delaware Railroad Bridge and Village Site, S of Willard (6-15-78) HAER. (5-23-78). IOWA Seaford vicinity, Hearn and Rawlins Mill, N Bureau County of Seaford on U.S. 13A (5-22-78) HAER. Davis County Seaford vicinity, Lawrence, N of Seaford on Hennepin vicinity, Hennepin Canal Historic District,W-to Millne then N to Rock Falls Bloomfield, Findley, William, House, 302 B. U.S. 13A (5-22-78). vicinity (also in Henry and Whiteaide Franklin St. (6-9-78). GEORGIA Counties) (5-22-78). Floyd County Chatham County ChampaignCounty Charles City, Dodd, A.B.C., House, 310 3rd Ave. (5-22-78). Nicholsonvlle, Nicholsonville Baptist Champaign, Burnham Athenaeumn, 300 W. Church, White Bluff Rd. (5-22-78). Church St. (6-7-78). Lee County Savannah, First Bryan Baptist Church, 575 Cook County Keokuk. Wees, Frank J., House, 224-226 W. Bryan St..(5-22-78). Chicago, South Shore Beach Apartment-% Morgan St. (5-22-78). Elbert County 7321 S. Shore Dr. (6-9-78). Plymouth County Chicago, Swift House, 4500 S. Michigan Ave. Elberton vicinity, Banks, Ralph, Place, N of (6-9-78). Le Mars. 27zorcn Hall, Westmar College Elberton off GA 77 (5-22-78). Chicago. West Jackson Boulerard Distrtct, campu, 10th St.. SE. (5-22-78). Muscogee County roughly bounded by Laflin. Ashland, Adams, and Van Buren St. (5-19-78). Polk County Columbus, Spencer, William Henry, House Wilmette, Bahai Temple, 100 Linden Ave. Des Moines. Old Main, Grand View College, 745 4th Ave. (5-23-78). (5-23-78). 1200 Grandvlew Ave. (5-23-78).

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29038 NOTICES

Van Buren County Cecil County Warren County Keosauqua, Pearson, Franklin, House, Port Deposit, Port Deposi E bank of Sus- Vicksburg. Church of the Holy Trinity, Dodge St. (5-22-78). quehanna River 10 mi. (16 kin) S of South and Monroe Ste. (5-22-78). Mason-Dixon Line (5-23-78). Winneshiek County MISSOURI Prince Georges County Decorah vicinity, Locust School, N of De- - Jackson County corah (5-22-78). Oxon Hill, Oxon Hill Manor,6701 Oxon Hill Rd. (6-9-78) HABS. Kansas City, Disney, Walt House and KANSAS Garage, 3028 Bellefontaine Ave. (5-22-78). Wicomico County Kansas City, McConahay Building, 1121- Clark County Whitehaven vicinity, Yellow Brick House, 1131 E. 31st St. (5-22-78). NW of Whitehaven off MD 349 (5-22-78). Kansas City, Old Town Historic District, AMhland vicinity, Cimarron Redoubt S of roughly bounded by Independence Ave., Ashland (5-23-78). MASSACHUSETTS 2d, Delaware and Walnut Sts. (6-7-78). Kansas City, Row House Building, 1-7 E. KENTUCKY Bristol County 34th St. and 3401 Main St. (5-22-78). Edmonson County Swansea vicinity, Luther Store, W of Swan. Platte County Park City vicinity, Mill Hole Farm, W of sea at 160 Old Warren Rd. (5-22-78) HABS. Platte City, Krause, Fredericli Mansion, 3d Park City off U.S. 31W (5-22-78). and Harrel Ferrel Dr. (5-22-78). Middlesex County St. Louis (independent city) Chatillon-Deo Jefferson County Menil House, 3352 DeMenl P. (6-9-78) Newton, Ware PaperMill, 2276 Washington HABS. Louisville vicinity, Herr-Rudy Family St. (5-22-78). Houses, 520 Old Stone Lane, 4319 and St. Joseph's Roman Catholic Church, 1220 4417 Westport Rd, 612 Rudy Lane, 726 MICHIGAN N. llth St. (5-19-78). Waterford Rd. 1823 Ballard Mill Lane, MONTANA and 1705 Lynn Way (5-19-78). Alger County Scott County Grand Marais vicinity, Au Sable Light Sta- Flathead County tion, W of Grand Marais. (5-23-78). West Glacier vicinity, Lewis Glacier hlotcl Georgetown, Georgetown East Main Street N of West Glacier (5-22-78). Residential District irregular pattern Washtenaw County along Main St. between Warrendale Ave. Ann Arbor, Main Street Post Office, 220 N. NEBRASKA and Mulberry St. (6-7-78). Main St. (5-22-78). Ann Arbor, University of Michigan Central Dodge County LOUISIANA Campus Historic District, University of Fremont, Osterman and Tremaine Building, Michigan campus (6-15-78). East Baton Rouge Parish 455 N. Broad St. (5-23-78). Baton Rouge, Louisiana State Capitol MINNESOTA Douglas County -Building and Gardens, Capitol Dr. (6-9- Dakota County Omaha, Omaha Public Library, 1823 78). Hastings, Latto, Rudolph, House, 620 Harney St. (5-22-78). Natchitoches Parish Ramsey St. (5-23-78). Hall County Robeline vicinity, Los Adaes Historic Site, Hastings, Methodist Episcopal Church, 8th and Vermillion Sts. (6-7-78). Grand Island, Hargis, Andrew M., House, NE of Robeline off LA 6 (6-7-78). Hastings, Thompson-Fasbender House 649 1109 W. 2nd St. (6-9-78). W. 3d St. (5-22-78). St. BernardParish Nance County St. Bernard vicinity, Magnolia Mound, E of Goodhue County Genoa vicinity, U.S. Indian Industral St. Bernard (5-22-78). Stanton vicinity, Miller, Harrison, Farm- School, NE 22 (5-22-78). MAINE house, E of Stanton on MN 19 (5-22-78). Red Willow County Cumberland County Ifittson County McCook, Stutton, H. P., HoUse, 602 Norrl Ave. (5-22-78). Portland, Brown, .. B., Memorial Block, Lake Bronson vicinity, Lake Bronson Ar- cheological Site, SE of Lake Bronson (5- Thomas County Congress and Casco Sts. (5-23-78). 22-78). Knox County Halsey vicinity, Bessey Nursery, W of Balsoy Meeker County off NE 2 (5-24-78). Rockland, Main Street Historic Distric Litchfield, Octagon Cottage, off MN 22 (5- Main St. from Limerock to Winter Sts. (6- NEVADA 22-78). 7-78). Churchill County MISSISSIPPI Lincoln County Frenchman vicinity, Cold Springs Pony Ex. Boothbay vicinity. Damariscove Island Ar- Adams County press Station Ruins, 25 mil. (40 kin) NE of cheological Site, S of Boothbay (5-22-78). Natchez. Henderson-Britton House 215 S. Frenchman off U.S. 50 (5-16-78). Oxford County Pearl St. (6-9-78). NEW HAMPSHIRE Newry vicinity, Lower Sunday River School, Carroll County Sullivan County SW of Newry on Sunday River Rd. (5-23- North Carrollton vicinity, Cotesworth, N of Cornish City, Kenyon Bridge, off NH 12A at 78). North Carrollton on Old Grenada Rd. (6- Mill Brook and Town House Rd. (5-22-78). 9-78) HABS. MARYLAND Plainfield vicinity, Blow-Me-Down Covered Lowndes County Bridge S of Plainfield off NH 12A (5-19- Anne Arundel County 78). Columbus, Brownrigg-Harrs-Kennebrew Elkrldge vicinity, .Elkridge Site, E of Elk- House, 515 9th St. N. (5-22-78) HABS. NEW JERSEY ridge (5-22-78). Columbus vicinity, James Creek No. I Site, S of Columbus (5-23-78). Atlantic County Carroll County Atlanta City, Shelburne Hotel Michigan Union Bridge vicinity, Hard Lodging, 1 mi. Union County Ave. and the Boardwalk (5-19-78). (1.6 kmn) E of Union Bridge on Ladiesburg Ingomar vicinity, Ingomar Mound, S. of In- Smithville, Smithville Apothecary, off Moss Rd. (6-9-78). gomar (6-9-78). Mill Rd. (6-9-78).

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29039

Burlington County Brown County Centre County Pemberton, North Pemberton Railroad Sta- Georgetown, Georgetown Historic District. Phlllpsburg, Union Church and Burial tion, Hanover St. (5-23-78). roughly bounded by Water Alley. Pleas- Ground, F. Presquesle St. (5-23-78) RoebllngRoebling Historic District,rough- ant, Short, and State St. (5-23-78). HABS. ly bounded by Roebling Park, South St., 2nd and 8th Ayes., Roland St., Alden, Cuyahoga County Columbia County Norman Railroad, and Amboy Ayes. (5-22- Cleveland. SuperiorArenue Viaduct, Superi- Catawls--a, CatawissaFren.ds Meetinghouse, 78). or Ave. (6-9-78) HAER. South and 3rd Sts. (6-9-78) HABS. Willingboro vicinity, Coopertown Meeting- Independence vicinity, Terra Vista Archeo- house, NW of Willingboro on Cooper St. logical District,N of Independence (5-23- Delaware County (5-22-78). 78). Chester. Old Main and Chemistry Building, Seven Hills, Gabel, Daniel, House, 1102 a. 14th St. between Melrose Ave. and Walnut Essex County Ridgewood Dr. (5-23-78). St. (5-22-78). Newark, Wickcliffe Presbyterian Church, Fairfield County FranklinCounty 111 13th Ave. (5-22-78). Baltimore vicinity, Miller Farm, S of Balti- Charinersburg. Memorial Fountain and Monmouth County more on Pleasantville Rd. (5-22-78). Statue, Memorial Sq. (5-19-78). Long Branch, Elberon Railroad Station, FranklinCounty Lackawanna County Lincoln Ave. (6-9-78). Columbus, Columbus Near East Side Dis- Dalton, Dalton House, . Main St. (5-22-78). Somerset County trict, roughly bounded by Parsons Ave., Scranton. Albright Memorial Building, N. Broad and Main Sis., and the railroad W shington Ave. and Vine St (5-22-78). Basking Ridge vicinity, Stirling, Lord, tracks (5-19-78). Manor Site, SE of Basking Ridge at 96 Montgomery County Lord Stirling Rd. (5-22-78). Hamilton County King of Prusia, PoplarLane 1000 Boxwood North Bend vicinity, Warder, John Aston, NEW MEXICO House, E of North Bend off Shady Lane Court (5-22-78). Grant County (5-19-78). PhiladelphiaCounty Silver City, Silver City Historic District, Jackson County Philadelphia, Thirtieth Street Station, W. River Dr., Market, 30th. and Arch Sts- (6- roughly bounded by Black, College, Oak Hill, Oak Hill Welsh Congregational Hudson, and Spring Sts. (5-23-78). 7-78). Church, 412 E. Main St. (5- 23-78). SchuyLill County McKinley County Lake County Fort Wingate, Fort Wingate Historic Dis. Madison vicinity, Ladd's Tavern, 5466 S. Pottvdllle. Cloud Home, 351 S. 2nd St. (5-22- trict,NM 400 (5-26-78). 78). Ridge Rd. (5-22-78). Pottsvlle. OHara,John, House, 606 Mahan- NEW YORK Lorain County tongo St. (5-22-78). Rensselaer County Sheffield. Garfield,Halsey, House, 4789 De- Susquehanna County Rd. (5-22-78). Hoosick vicinity, Tibbits House, S of Hoo- troit Montrose, Mulford, Syranus, House, 65 sick at jet. of NY 22 and NY 7 (5-22-78). Lucas County Church St. (5-22-78). Schenectady County' Maumee, Griswcold, Peck House, 228 E. Y1or County Broadway (5-22-78). Rotterdam Junction vicinity, Mabee House, Maumee, Hanson House, 405 B. Broadway York. York Central Market, Philadelphia S of Rotterdam Junction on NY 5S (5-22- -(5-22-78). and Baver Sts. (6-9-73). 78) HABS. Schenectady vicinity, Seeley Farmhouse, 2 Marion County RHODE ISLAND Freeman's Bridge Rd. (5-23-78). Caledonia vicinity, Calcdonla Bowstring Providence County NORTH CAROLINA Bridge, N of Caledonia (5-23-78). Providence, Sprague, David, House, 263 Public St. (5-23-78). Ashe County Montgomery County vicinity, Poe Fish Weir, E of Jef- Englewood vicinity, Martindale, Samuel, SOUTH DAKOTA Jefferson House, NE of Englewood off US. 40 (5-22- ferson (5-22-78). 73). Codington County Forsyth County Germantown, Rohr, David, Mansion and Carriage House, Astoria Rd. and OH 725 Watertown vicinity, Olive Pace, N of Wa- Winston-Salem Shamrock Mills, 3rd and (5-22-78). tertown off US. 81 (5-23-791. Marshall Sis. (5-23-78) HAER. Muskingum County Edmunds County Mecklenburg County Zanesville, Christman, Nicholas, House, 532 Ip-w'lch. Ipsweich State BanI, 1st Ave. and Charlotte, Jonas, Charles R., Federal Build- Wayne Ave. (5-22-78). Main St. (5-22-78). ing,401 W. Trade St. (6-7-78). Zanesville, Harris, William B., House, 1320 Lawrence County Newman Dr. (5-22-78). Warren County Spearfish vicinity, Spcarfisi Hatchery, S of Norlina vicinty, Hawkins, William ., OKLAHOMA Spearfish off U.S. 14 (5-19-78). House W of Norlina on SR 1103 (5-22-78). Kiotca County TENNESSEE NORTH DAKOTA Hobart, Hobart City Hall, Main and 3rd Sts. FranklinCounty (5-22-78). Mercer County Winchester. Bark of Winchester Building, Riverdale vicinity, High Butte Effigy and PENNSYLVANIA 1st Ave. (5-23-78). Village Site, S of Riverdale (5-22-78). Alleghny County Hamblen County OHIO Pittsburgh, Frick Building and Annm 437 Morristown vicinity, Barton Springs-, 3 miL Grant St. (5-22-78). (4.8 kin) E of Morristown (5-22-78). Athens County Bucks County Roberts-on County East Millfield vicinity, Sunday-Creek Coal Company Mine No. 6, E of East Mihlield Ottsvle, Red Hill Church and School, Springfield. Robertson County Courthouse, (5-23-78). Durham Rd. (5-22-78). Public Sq. (5-22-78).

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5. 1978 29040 NOTICES

Shelby County Washington County Milwaukee County Memphis, Elmwood Cemetery Office and Springdale vicinity, Cable Mountain Draw Milwaukee, Kalvelage, Joseph B., HoUse, Entrance Bridge 824 S. Dudley St. (5-22- Works, N of Sprihgdale in Zion National 2432 W. Kllbourn Ave. (5-23-78)t. 78). Park (5-24-78). Sheboygan County Sullivan County VIRGIN-ISLANDS Kohler, American Club, High St. (5-22-78). Kingsport vicinity, Rock Ledge 117 Stuffle St Croix Island Winnebago County Pl. (5-24-78). Christiansted vicinity, Estate St John, 3 ml. Omro vicinity, Cole Watch Tower, W of TEXAS (4.8 kin) NS of Christiansted (6-9-78). Omro on WI 21 (6-9-78). St. John Island Bell County WYOMING Salado, Rose Mai. A. ., House, Win. Rose Cruz Bay vicinity, Mary Point Estate, NE of Carbon County Way and, Royal St. (5-22-78). Cruz Bay (5-22-78). VIRGINIA Medicine Bow, Virginian Hotel, U.S. 30/287 El Paso County (5-22-78). King William County El Paso. FirstMortgage Company Building, Fremont County 109 N. Oregon St. (6-13-78). -Sweet Hall vicinity, Windsor Shades, SW of Riverton, Riverton Railroad Depot, 1st and Sweet Hall off VA 30 (5-22-78) HABS. Garza County Main Sts. (5-22-78). Post vicinity, Post West Dugout, W of Post WASHINGTON (5-22-78). King County The following is a correction to a Gonzales County of the Good Shepherd,Sunny- Seattle, Home property previously listed in the FED- Leesville vicinity, Leesville Schoolhouse E. side N. and 50th St. (5-23-78). of Leesville off TX 80 (5-25-78). Seattle, Nippon Kan, 622 S. Washington St. ERAL REGISTER. (5-22-78). Gregg County OHIO Elickitat County Longview, Northcutt House, 313 S. Fredonia Trumbull County St. (5-22-78). Husum vicinity, Rattlesnake Creek Site NE of Husum (5-22-78). Warren, Mahoning Avenue HistoricDistrict, HarrisCounty Mahoning Ave. between Perkins Dr. and Lincoln County High St. (10-26-71) (boundary Increase 5- Houston, Mansfield Street Archeological 22-78). Site, Mansfield St. (5-22-78). Wilbur vicinity, Goose Creek Rock-shelter, E of Wilbur (5-22-78). Hutchinson County Pierce County Stinnet vicinity, Adobe Walls, E of Stinnet Determinations of eligibility are (5-22-78). Gig Harbor vicinity, Glencove Hotel, W of made in accordance witl the provi- Gig Harbor off WA 302 (5-22-78). sions of 36 CFR 63, procedures for re- Jefferson County Wilkeson vicinity, Walker Cut Stone Compa- ny, E of Wilkeson (6-7-78). questing determinations of eligibility, Beaumont, Idle Hours, 1608 Orange St. (5- under the authorities in section 2 (b) 22-78). Spokane County and 1 (3) of Executive Order 11593 and TarrantCounty Spokane, Hyde Building and 4nnex, W. 611 section 106 of the National Historic Riverside Ave. (2-8-78). Preservation Act of 1966, as amended, Fort Worth, Benton, M A., House, 1730 6th as implemented by the Advisory Coun- Ave. (5-22-78). Thurston County Fort Worth, Texas and Pacific Terminal cil on Historic Preservation's proce- Complex, Lancaster and Throckmorton Olympia, Cloverfields, 1100 Carlyon Ave., dures, 36 CFR Part 800. Properties de- Sts. (5-26-78). SE. (5-22-78). termined to be eligible under section Olympia, Patnude Charles,House 1239 8th 63.3 of the procedures for requesting Taylor County Ave. (5-22-78). -determinations of eligibility are desig- Tumwater, -Tumwater Historic District, Buffalo Gap, Old Taylor County Courthouse roughly bounded by 1-5, Capitol Way and nated by 63.3. and Jail, William St. between North and Capitol Lake (5-22-78). Properties which are determined to Elm Sts. (6-9-78). be eligible for inclusion in the Nation- WEST VIRGINIA al Register of Historic Places are enti- Terrell County tled to protection pursuant to section Dryden vicinity, Geddis Canyon Rock Art Cabell County 106 of the National Historic Preserva- Site, NE of Dryden (5-22-78). Green Bottom vicinity, Jenkins, Gen. Albert tion Act of 1966, as amended, and the Gallatin, House E of Green Bottom (5- Uvalde County procedures of the Advisory Council on 22-78). Historic Preservation, 36 CFR Part Uvalde, Grand Opera House, E. North and Lewis County 800. Agencies are advised that in N. Getty Sts. (5-22-78). accord with the procedures of the Ad- Weston, Bennett, Jonathan M., House, UTAH visory Council on Historild Preserva- Court Ave. (6-9-78). tion, before an agency of the Federal Salt Lake County Wood County Government may uiadertake any proj- Holladay, Brinton, David B., House 1981 E. Parkersburg, Cook House 1301 Murdoch ect which may have an effect on an 4800 South (5-22-78). Ave. (6-7-78). eligible property, the Advisory Council Salt Lake City, Utah Savings & Trust Com- on Historic Preservation shall be given pany Building, 235 S. Main St. (5-22-78). WISCONSIN an opportunity to comment on the proposal. Summit County Dane County Park City, LDS Park City Meetinghouse 424 Madison, Lougee, George A., House 620 S. The following list of additions, deletions, Park Ave. (5-22-78). Ingersoll St. (6-7-78). and corrections to the list of properties determined eligible for inclusion in the Na- Utah County Dodge County - tional Register is intended to supplement Provo, Wentz, Peter,House 575 N. Universi- Fox Lake, Fox Lake Railroad Depot Cor- the cumulative version of that list pub. ty Ave. (4-26-78). delia St. and S. College Ave. (5-22-78). lished in February of each year,

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 , NOTICES 29041

ALABAMA MASSACHUSETTS NEW HAMPSHIRE Mobile County BarnstableCounty Rockingham County Creola vicinity, Dead Lake Site (1 Mfb 95) Provincetown, Frceman's Whar, 125 Com- Portsmouth. Fort Washington, Pierce Island (63.3). mercial St. (63.3). ALASKA Bristol County NEW JERSEY Mansfield, Norton Reserroir Prehistoric Bergen County FairbanksDivision District,(63.3). Fairbanks, U.S. Post Office and Courthouse, Norton. Bay Street Prehistoric District Mahwah, Hopper Gristmill and Sawmill Cushman St. and 3rd Ave. (63.3). (63.3). (63.3). Norton. Newcomb Street Site (VTMP) (63.3). Kodiak Division Raynham vicinity, Rozenas 1/Il Site (THP- NEW MEXICO Karluk vicinity, Archeological Site KAR-037 71P) (63.3). Eddy County Taunton vicinity, Johnson Field Historic (63.3). Site (7TH) (63.3). Carlsbad vicinIty, Archeological District East Site CALIFORNIA Taunton vicinity, Snake Rirer (7DDP) (63.3). McEinIj County I San Francisco County Taunton vicinity, Snake Rirer West Site Gallup vicinity, McKinley Mine Archeologi- (7GP) (63.3). cal District. San Francisco, FleishhackerPooZ SE comer Taunton vicinity, Wilbore Historic Site of Sloat Blvd. and the Great Hwy. (63.3). (TBH)(63.3). NEW YORK Siskiyou County Plymouth County OnondagaCounty Forks of Salmon, Fong Wah Cemetery (CA- Bridgewater vicinity, Double P Sit, Elbridge, Elbridge Park Industrial Arche- Sis-414). ologyj District Klamath National Forest, Sawyers Bar MICHIGAN Catholica Church. OHIO Bay County Athens County COLORADO Bay City, Midland Street Historic District E. Midland St. between Catherine and Nelsonvlle, Dew House (Dew Hotel), Public GrandCounty Litchfleld Sts. (63.3). Sq. (63.3). Estes vicinity, Shadow Mountain Lookout, Rocky Mountain National Park. MISSOURI OKLAHOMA LarimerCounty Jaclson County Atoka County Wapanucka vicinity, Archeological Site At- Estes vicinity, Leiffer House, CO 7. Kansas City, Rockford School, Raytorn Rd. (63.3). 172. FLORIDA Lees Summit, Longview Farm, Orf Raytown Rd. (63.3). TENNESSEE Dade County MONTANA Hickman County Hialeah, Hialeah Racecourse, Bounded by Greenfield Bend vicinity, Shelby Bend Ar- East Coast RR., E. 4th and Palm Aves. Big Horn County cheological District and E. 32nd St. (63.3). Miami, Dade Spring Creek Mine vicinity, 24 BH 1045 County Courthouse, 73 W. (63.3). TEXAS Flagler St. (63.3). Spring Creek Mine vicinity, 24 BE 1046 Brewster County Miami, Florida East Coast Railway Freight (63.3). House, 400 SW. 1st Ave. (63.3). Spring Creek Mine vicinity, 24 BE 1052 Big Bend National Park, Archeological Site (63.3). 41BS41 (63.3). GEORGIA Spring Creek Mine vicinity, 24 BE 1583 Big Bcnd National Park, Archeological Site 4IBS609 (63.3). Elbert County (63.3). Spring Creek lIne vicinity, 24 BE 1589 Elberton vicinity, Eureka House, 5.5 mL (8.8 (63.3). Comanche County kin) E of Elberton (63.3). Spring Creek Mine vcinity, 24 BE 1591 Rush Creek vicinity, Archeological Site 41 (63.3). CJ 62 (63.3). INDIANA Spring Creek Mine vicinity, 24 BE 1593 (63.3). Jim Wels County. Vanderburgh County Spring Creek Aine vicinity, 24 BE 1595 ChiUpln vicinity, Archeological Site 41 JW Evansville, Washington Avenue Historic (63.3). District, Washington Ave. between Par- Spring Creek Mine vicinity, 24 BE 1597 rett St. and Evans Ave. (63.3). WASHINGTON Spring Creek Mine vicinity, 24 BE 1602 IOWA (63.3). Douglas County Spring Creek Mine vicinIty, 24 BE 1606 Bridgeport vicinity. Rufu Woods Archeo- Polk County (63.3). logical District(63.3). Des Moines, Carbarn,24th and Ingeroll Ave. Spring Creek Mine vicinity, 24 BE 1609 (63.3). (63.3). Spring Creek Mine vicinity, 24 BE 1610 LOUISIANA (63.3). The following is a list of corrections Spring Cleek Mine vicinity, 24 BE 1614 to properties previously listed in the Vernon Parish (63.3). Spring Creek Mine vicinity, 24 BE 1618 Federal Register as determined eligi- Fort Polk, Archeological Site 16-Sa-50 (63.3). ble for inclusion in the National Regis- (63.3). Spring Creek Mine vicinity, 24 BE 1619 ter of Historic Places: (63.3). MARYLAND INDIANA PowderRirer County Harford County Moorhead vicinity, Reyno!d's Battlefield Morgan County Havre de Grace vicinity, Old Post Road Historic Site, Moorhead County Rd. Ind'anapoliz vicinity. Parker Covered Bridge, MD 7-A. (63.3). Bridge, SR 700 S., spans county line (also

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29042 NOTICES

in Putnam County) (63.3) (incorrectly [4510-43] before August 7, 1978. Comments must listed In Marion County). be filed [Docket No. M-78-75-C) with the Office of Standards, MARYLAND Regulations and Variances, Mine UNITED STATES STEEL CORP. Safety and Health Administration, Baltimore (independent city) 4015 Wilson Boulevard, Arlington, Va. Petition for Modification of Application of Federal Hill-Riverside Park Historic Dis- 22203. Copies of the petition are avail- . tridt. Mandatory Safety Standard able for inspection at that address. Hollins-Lombard Historic District. Notice is hereby given that United Dated: June 28, 1978. Old Western Police Station.. States Steel Corp., 600 Grant Street, Ridgely's Historic District. Pittsburgh, Pa., has filed a petition to ROBERT B. LAGATHEl, St. Paul's Cemetery. modify the application of 30 CFR Assistant Secretaryfor (All were formerly listed in Baltimore Mine Safety and Health. County). 75.1719 (illumination), to its Concord 1FR Doc. 78-18353 Filed 7-3-78;.8:45 am] Mine, located in Jefferson County, EFR Doc. 78-18512 Friled 7-3-78; 8:45 am] Ala., in accordance with section 101(c) of the Federal Mine Safety and Health Act of 1977, Pub. L. 95-164. [4510-26] [4510-43] The substance of Petitioner's state- Office of the Secretary ment is as follows: DEPARTMENT OF LABOR (1) Mining equipment at the above PRIVACY ACT OF 1974 Mine Safety and Health Administration mine is provided with 250 volt D.C. Supplemental Notice of Privacy Act electrical power. No A.C. power is Exomptions [Docket No. M-78-31-M] available. (2) Petitioner has been advised by Pursuant to section (k) of the Priva- RIO BLANCO OIL SHALE CO. knowledgeable electrical engineers and cy Act of 1974, it is proposed to adopt by manufacturers of permissible light- exemptions for a previously noticed Petition for Modification of Application of ing fixtures that D.C.-powered permis- system of records, DOL/OSHA-1 (41 Mandatory Safety Standard sible lighting fixtures are not reliable FR 5476). The reasons for, and the Notice is hereby given that- Rio due to a frequent failure of power scope of the exemptions are set forth Blanco Oil Shale Co., Dayton Com- supply components. Such failure is below. caused by severe fluctuations in The Department invites public com- mons, 9725 East Hampden Avenue, supply voltages, so-called "spikes," ment on this notice. Interested per- Denver, Colo. 80231, has filed a peti- which may subject the aforesaid com- sons are invited to submit written tion to modify the application of 30 ponents to voltages up to 100 times data, views and arguments to Docket CFR 57.4-58 (fire prevention and con- the normal operating level. Officer, Room S-6212, Docket No. H- trol), to its Tract C-a Mine, locted in (3) Petitioner is not aware of any 114, New Department of Labor Build- Rio Blanco presently available reliable, field- ing, 200 Constitution Avenue NW., County, colo., in accord- tested, approved D.C. power supply Washington, D.C. 20210 on or before ance with section 101(c) of the Federal components. August 4, 1978. Written material re- Mine Safety and Health Act of 1977, (4) Petitioner believes that the appli- ceived from the public through said Pub. L. 95-164. cation of the safety standards set date will be considered by the Depart- The substance of Petitioner's state- forth in § 75.1719,'insofar as-it requires ment before taking action on a final ment is as follows. the installation of permissible lighting notice. Submissions will be available (1) The production of shale oil by a fixtures in working places, will result for public inspection at the above ad- in a diminution of safety to the miners dress during normal working hours. modified in-situ method is predicated in the Concord Mine for the following .Signed in Washington, D.C. this 28th on the excavation and construction of reasons: day of June, 1978. retorts underground and burning part a. Failure of the prescribed lighting system while self-propelled mining RAY MABSHALL, of the oil shale in place. Secretaryof Labor, (2) Petitioner's development plan equipment is being operated in a work- calls for the application of a new tech- ing place will cause an abrupt, virtual- Notice Is hereby given by the De- ly instantaneous change in luminous partment of Labor that it proposes to nology in which underground combu- intensity from not less than 0.06 foot- adopt exemptions for the following tion will be carefully monitored and lamberts to some significantly lower previously noticed systems of records: regulated. intensity furnished by miners' cap DOL/OSHA-1 Discrimination Com- REQUEST FOR COLMMNTS lamps in the working place. For some plaint File. interminate period of time thereafter, Persons interested in this petition until the miners' eyes adjust to the DOL/OSHA-1 lower intensity, said miners' ability to may furnish written comments on or System name:* before August 7, 1978. Comments must operate self-propelled mining equipment safely will be adversely affected, Discrimination Complaint File. be filed with the Office of Standards, and their ability to observe moving Regulations and Variances, Mine equipment and changing roof and rib System location: Safety and Health Administratior, conditions will be impaired. For Standard Federal Region I 4015 Wilson Boulevard, Arlington, Va. b. Frequent failures of the pre- through V, at the following address: 22203. Copies of the petition are avail- scribed lighting system will disrupt Operations Review Office, U.S. De- able for inspection at that address. the teamwork of the section crews, partment of Labor, Occupational and interrupt the performance of re- Safety and Health Administration, Dated; June 28, 1978. quired safety examinations and the Federal Building, Room 1110A, ROBERT B. LAGATHER, correction of hazards found during the Charles Center, 31 Hopkins Plaza, Bal- Assistant Secretary course of such examinations. timore, Md. 21201, for Standard forMine Safety and Health. Region VI through X, at the following REQUEST FOR COMMTs address: Operations Review Office, EFR Doc. 78-18511 Filed 7-3-78; 8:45 am] Persons interested in this petition U.S. Department of Labor, Occupa- may furnish written comments on or tional Safety and Health Administra-

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29043

tion, Room 3100, Federal Office Build- families with adverse consequences shall Identify the following* The name ing, 909 First Avenue, Seattle, Wash. and could hinder effective enforce- and address of the applicant; the sub- 98174. ment of the Occupational Safety and ject of his or her presentation and its Health Act. In order to conduct effec- relationship to the agenda; the Categories of individuals covered by the tive investigations it is necessary to amount of time requested; the individ- system: guarantee the confidentiality of Infor- uars qualifications to speak on the Individuals who have filed com- mation being collected. Release of subject matter, and shall include a jus- plaints pursuant to section 11(c) of the such information would constitute a tifying statement as to why a written -Occupational Safety and Health Act. breach of the guarantee of confiden- presentation would not suffice. The tiality, could lead to the intimidation, Chairman reserves the right to decide Categories of records in the system: harassment of dismissal from employ- to what extent public oral presenta- Case files compiled in connection ment of those involved, and would dis- tion will be permitted at the meeting. with investigations of discrimination courage those contacted in future in- Oral presentations shall be limited to complaints. vestigations from cooperating with In- statements of fact and views and shall vestigators. not include any questions of Commis- Authority for maintenance of the system: EFR Doc. 78-18555 Filed 7-3-78; 8:45 am] sion members or other participants unless these questions have been spe- Section 11(c) of the Occupational cifically approved by the Chairman. Safety and Health Act (Pub. L. 91- [4510-30] Minutes of the meeting, working 596). papers, and other documents prepared NATIONAL COMMISSION FOR for the meeting will be available for Routine uses of records maintained in the public inspection 5 working days after system, including categories of users and MANPOWER POLICY MEETING the meeting at the Commission's head- the purposes of such uses: quarters located at 1522 K Street NW., None. Pursuant to the provisions of the Room 300, Washington, D.C. Federal Advisory Committee Act (Pub. Storage: L. 92-463; 86 Stat. 770) notice is Signed at Washinston, D.C., this 30th day of June 1978. Manual files. hereby given that the National Com- mission for Manpower Policy will PA=nCK O'K=aaT DeputyDirector. Retrievability. sponsor a 3-day working conference on Recent European Manpower Policies ErR Dcc. '78-18619 Filed 7-3-78; 8.45 am] By complainant's name or case iden- at the Harrison Conference Center of tification number. Glen Cove, Dosors Lane, Glen Cove, Safeguards: N.Y. The conference will begin at [7590-01] 12:30 p . on July 19 and adjourn at Locked file cabinets. 12:30 p.m. on July 21, 1978. NUCLEAR REGULATORY Retention and disposal: The National Commission for Man- COMMISSION power Policy was established pursuant Retained for 3 years after comple- to title V of the Comprehensive Em- ADVISORY COMMITTEE ON REACTOR SAFE- tion of investigation then forwarded to ployment and Training Act of 1973 GSA Records Center. GUARDS SUBCOMMITTEE ON ELECTRICAL (Pub. L. 92-203). The act charges the SYSTEMS, CONTROL AND INSTRUMENTA- Commission with the broad responsi- TION System manager(s) and address: bility of advising the Congress, the Operations Review Officer at ad- President, the Secretary of Labor, and Meeting dress where system is located. other Federal agency heads on national manpower issues. The Commislon The ACRS Subcommittee on Electri- Notification procedures: is specifically charged with reporting cal Systems, Control and Instrumenta- To Systems Manageys at above ad- annually to the President and the tion, will hold a meeting on July 20, dress. Congress on Its findings and recom- 1978, at the Quality Inn/LAX, 5249 mendations with respect to the Na- West Century Boulevard, Los Angeles, Record access procedures: tion's manpower policies and pro- Calif., to review the capability of loose-partsmonitoring systems in nu- As above. grams. The agenda will cover a variety of clear powerplants. Notice of this meet- Contesting record procedures: labor market related issues, selective Ing was published In the FEDERAL REG- zxsTn on May 17 and June 16, 1978 (43 As above. employment policy measures, and possible new directions for policy. FR 21395 and 26162). In accordance with the procedures Record source categories: Members of the general public or outlined in the FEDEaAL Rxras'R on Complaints filed by individuals al- other interested individuals may October 31, 1977 (42 FR 56972) oral or leging discrimination and information attend the Commission meeting. Mem- written statements may be presented compiled in connection with investiga- bers of the public desiring to submit by members of the public, recordings tions of alleged acts of discrimination. written statements to the Commisrion will be permitted only during those that are germane to the agenda may portions of the meeting when a tran- Systems exempted from certain provisions do so, provided such statements are In script is being kept, and questions may of the act: reproducible form and are submitted be asked only by members of the sub- In accordance with paragraph (k)(2) to the Director no later than 2 days committee, Its consultants, and staff. of the Privacy Act, investigatory mate- before and 7 days after the meeting. Persons desiring to make oral state- rial compiled for law enforcement pur- Additionally, members of the gener- ments should notify the designated al public may request to make oral Federal employee as far in advance as poses which is maintained in the Dis- statements crimination Complaint File is exempt to the Commission to the practical so that appropriate arrange- from paragraphs (c)(3), (d), (e)(1), extent that the time available for the ments can be made to allow the neces- (e)(4) (G), (H), and (I), and (f) of 5 meeting permits. Such oral statements sary time during the meeting for such U.S.C. 552a. must be directly germane to the an- statements. nounced agenda items and written ap- The agenda for subject meeting Disclosure of information contained plications must be submitted to the shall be as follows: Thursday, July 20, in this file could threaten investiga- Director of the Commission 3 days 1978, 11:30 a-m. until the conclusion of tors, witnesses, informants and their before the meeting. This application business.

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29044 NOTICES

The subcommittee will hear presen- quired, it is necessary to close these tations by and h6ld discussions with sessions to protect proprietary infor- [7590-01] representatives of the NRC Staff, Ato- mation (5 U.S.C. 552b(cX4)). mics International, Inc., General Elec- Further information regarding APPLICATIONS FOR LICENSES 10 EXPORT tric Co., Washington Public Power topics to be discussed, whether the NUCLEAR FACILITIES OR MATERIALS Supply Systems, Nebraska Public meeting has been canceled or resche- Power District, and Sacramento Mu- duled, the chairman's ruling on re-, Pursuant to 10 CFR 110.70, "Public nicipal Utility District, and their con- quests for the opportunity to present Notice of Receipt of an Application," sultants, concerning the capability of oral statements and the time allotted please take notice that the Nuclear loose-parts-monitoring systems to therefor can be obtained by a prepaid Regulatory Commission has received detect loose parts in nuclear power- telephone call to the designated Fed- the following applications for export plants and the need for such systems eral employee for this meeting, Mr.. licenses during the period of JUne 19 to be installed. Other companies or in- Gary R. Quittschreiber (telephone to June 23, 1978. A copy of each appli- dividuals wishing to provide a presen- 202-634-1374) between 8:15 am. and 5 cation is on file In the Nuclear Regula- tation on the use of loose-parts-moni- p.m., es.t. tory Commission's public document toring systems are asked to call Mr. Background information concerning room located at 1717 H Street NV,, Gary Quittschreiber, ACRS Senior items to be considered at this meeting Washington, D.C. Staff Engineer (202-634-1374) so that can be found in documents on file and Dated this day, June 27, 1978, at Be- they may be included on the presenta- available for public inspection at the tion schedule for this or subsequent NRC Public Document Room, 1717 H thesda, Md. meetings on this subject. Street NW., Washington, D.C. 20555. For the Nuclear Regulatory Com- It may be necessary for the subcom- mission, mittee to hold one or more closed ses- Dated: June 29, 1978. sions for the purpose of exploring JOHN C. HoYLE, GERALD 0. OPLINGER, matters involving proprietary informa- Advisbry Committee Assistant Director, Export/ tion. I have determined, in accordance . Management Officer. Import and International Safeguards, Office of Interna- with subsection 10(d) of Pub. L. 92- M Doec. 78-18575 Filed 7-3-78; 8:45 am] 463, that, should such sessions be re- tional Programs,

Name of applicant, date of application, date Material-in kilograms or Enrichment End.u.e Country of destination received, and application number reactor type and power level (in percent)

Transnuclear, Inc., June 14, 1978. June 16, 1978, 11,056 uranium ...... 4.335 Fuel for S.E.N.A. reactor ...... France. XSNMAO1328. Edlow International Co., June 19, 1978, June 21, 22.5 uranium. 76.5 Fuel for the Safari Research South Africa. 1078, XSNMO1332. Reactor. Transnuclear, Inc.. June 22, 1978, June 23, 1978. 20.050 uranium ...... 93.3 Fuel for F1R Petten reactor. Netherlands. XSNM01333. Transnuclear, Inc., June 22, 1978. June 23, 1978, 779.0 uranium ...... 4.05 Fuel for WR-1 reactor ...... Canada. XSNM01334.

[M Doc.'78-18435 Filed 7-3-78; 8:45 am]

-[3110-01] burden in reporting hours; and the SSA-3954, on occasion, 56,000 persons name of the reviewer or reviewing divi- filing for social security under United OFFICE OF MANAGEMENT AND sion or office. States and Italy agreement, Marsla BUDGET Requests for extension which appear Traynham, 395-3773. to raise no significant issues are to be LISTS OF REQUESTS approved after brief notice through DEPARTMENT OF HOUSIN AND URBAN DEVELOPMENT Cloarance of Reports this release. Further information about the items Housing Management: The following is a list of requests for on this daily list may be obtained from Addendum to Lease, HUD-52517B, on oc- clearance of reports intended for use the Clearance Office, Office of Man- casion, 300,000 owners of units in the in collecting information from the agement and Budget, Washington, private market, Roye L. Lowry, 39--. public received by the Office of Man- D.C. 20503, 202-395-4529, or from the 3772. agement and Budget on June 29, 1978 reviewer listed. Certificate of Family Participation, HUD- (44 U.S.C. 3509). The purpose of pub- 52578, on occasion, 300,000 families par- lishing this list in the FEDAL REGIS- NEW Foas ticipating in section 8 housing program, TER is to inform the public. Roye L. Lowry. 395-3772. DEPARTMENT OF HEALTH, EDUCATION, AND Request for Lease Approval, HUD-52517A, The list includes the titlb of each re- WELFARE quest received; the name of the agency on occasion, 300,000 owmers of Units in sponsoring the proposed collection of Public Health Service, National Survey of the private market, Roye L. Lowry, 395- Personal Health Practices and Health 3772. information; the agency form Consequences, other (see SF-83), random number(s), If applicable; the frequency sample of 48 contiguous States and Dis- REVISIONS with which the information is pro- trict of Columbia, Richard Eisinger, 395- posed to be collected; an indication of 3214. DEPARTMENrT OF HEALTH, EDUCATION, AND who will be the respondents to the Social Security Administration, Application WELFARE proposed collection; the estimated for Benefits Under the Italy-United Sfates Office of Human Development, Instructiois number of responses; the estimated International Social Security Agreement, for Applying for Grants From HDS Pro.

FEDERAL REGISTER, VOL. 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29045

grams, on occasion, 15,000 nonprofit orga- mission for periodic review and Im- rules-are either concerned entirely nizations, 506 responses, 146 hours, provement of its rules of practice, pur- with internal administrative matters Human Resources Division, Reese, B. F., suant to Executive Order 12044. Sec- or are governed by statutory standards 395-3532. tion 6(b)(5) exempts from the manda- (in the case of the Privacy Act), and EXTENSIONS tory coverage of this order, regulations are not amenable to the methods pro- issued by independent regulatory posd in Executive Order 12044. ERONMENTAL PROTECTION AGENCY agencies, including the Postal Rate National Emissions' Data System (NEDS) Commission, but the President has re- HI. STATUS OF THE PLAN Input Data Forms, EPA-219-220, semi-an- quested that such agencies voluntarily The plan is intended by the Commis- nually, 55 State air pollution control agen- implement the principles of E.O. 12044 sion to provide the principal mecha- cies, 55 responses, 2,750 hours, Ellett, C. and the commission has undertaken to nism for periodic review and improve- A., 395-6132. do so. The present notice explains (I) ment of the rules of practice. It must VETERANS ADMINISTRATION the coverage of the plan, which Is lim- be recognized that, on occasion, the ited to the Commission's rules of prac- demands of the Commission's substan- Application of Service Representative for tice (all other rules being of an inter- tive workload may require postpone- Placement on VA Administration Malling nal, administrative nature); (i) the re- List, 07-3215, on occasion, service organi- ment or adjustment of the dates set zation representatives, 150 responses, 25 lationship between the plan and the forth in the plan for the various proce- hours, Clearance Office, 395-3772. commission's substantive duties as dural steps. Nevertheless, it is the well as its other mechanisms for Commission's intention that feview DEPARTMENT OF AGRICULUTURE amending the rules; (ill) the policy under the plan will be conducted an- Economics, Statistics, and Cooperatives considerations considered relevant to nually. When It is necessary to depart Service, January Acreage Survey, annual- these rules and their amendment; and by more than a few days from the ly, farmers, 97.000 responses, 9,700 hours, (iv) the proposed procedural timetable schedule given in the plan, the Com- Clearance Office, 395-3772. for the annual review provided by the misson will publish notice of the fact, plan. setting forth the reasons for the de- DEPARTMENT OF HOUSING AND URBAN parture. The fact that, in any year, DEVELOPMENT DATES: Comments on the plan should be submitted by July 28, 1978. review under the plan does not take Community Planning and Development, place in accordance with the schedule Monitoring or Real Property. Acquisition- ADDRESS: Comments should be di- given therein shall not affect the va- Questionnaire, for Interviewing Former rected to David F. Harris, Secretary, lidity or applicability of any existing Property Owner, HIUD-4024.1, on occa- Postal Rate Commission, Suite 500, sion, former owner of real property ac- rule. The Commission of course required by HIUD program. 1,500 responses, 2000 L Street NW., Washington, D.C. serves the right to make other changes 750 hours, Roye I Lowry, 395-3772. 20268. in the rules of practice, using general- FOR ly applicable rulemaking standards, at BRENDA A. MAYBERRY, FURTHER INFORMATION any time such action appears neces- Acting Budget and CONTACT, sary. ManagementOfficer. David F. Stover, Assistant General [FR Doc. 78-18558 Filed 7-3-78; 8:45 am] Counsel (Regulation), Suite 500, IV. POLICY CONSIDERATIONS 2000 L Street NW., Washington, The following policy considerations D.C. 20268; telephone 202-254-3830. to be observed in the revision of rules [705-1 DAvm F. HARRS, under the plan are suggested in part OFFICE OF RAIL PUBLIC COUNSEL Secretary. by Executive Order 12044 and in part by our independent consideration of [Notice 78-OR-1] OUTLINE OF PROGRAM FOR IMPROvNG the needs of the Commission, the AMTRAK RAIL PASSENGER SERVICES POSTAL RATE CommysszoN RULES public, and the parties and counsel appearing before us. L INTRODUCTION Outreach Assistance for Participants in A. Continued need for the regula- Hearings On March 24, 1978, Executive Order tion. 12044, Improving Government Regula- B. Type and number of complaints Correction tions, was published in the FEDERAL or suggestions received. In FR Doc. 78-17680, appearing at RrGIsm. This Executive order em- C. Burdens imposed on those affect- page. 27623 in the issue for Monday, bodied procedures designed by the Ad- ed by the rule. June 26, 1978, the agency carried in ministration to increase the efficiency D. Need to clarify or simplify lan- the document heading should be and ntelligibility of rules issued by guage. "Office of Rail Public Counsel" as set the Federal Government and reduce E. Need to eliminate overlapping or forth above and not "Interstate Com- the burden of compliance with them. duplicative rules. merce Commission" as originally The Executive order recognizes that F. Changed conditions (including printed. independent regulatory agencies, in- economic conditions, technological de- cluding this Commission, should not velopments including data processing be made subject to Its mandatory pro- techniques, or other relevant factors) [7715-01] visions, but urges that such agencies when such changes can be shown to have occurred. POSTAL RATE COMMISSION voluntarily adopt its principles in reviewing their rules and regulations. G. Need for stability in procedural rules. IMPROVING GOVERNMENT REGULATIONS The Postal Rate Commission has done so, and is adopting the following pro- H. Need for expedition in Commis- Report an implementation of Executive Order cedural plan for the future Improve- slon cases. 12044 ment of its L Standards of §§ 556 and 557 of the rules of practice. Administrative Procedure Act (5 JUNE 28, 1978. II. COVERAGE OF THE PLAN U.S.C. §§ 556, 557). AGENCY: Postal Rate Commission. J. Ability of the Officer of the Com- This plan affects the CommLslon's mlsslon effectively to represent the in- ACTION: Report on implementation rules of practice (39 CFR Part 3001). of Executive Order 12044. terests of the public [see 39 U.S.C. The Commission's other rules-I.e., § 3624(a)]. SUMMARY: This notice sets forth the standards of employee conduct, state- K. Need to preserve and promote plan adopted by the Postal Rate Corn- ment of organization, and Privacy Act both the appearance and the reality of

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29046 NOTICES fairness and impartiality in Commis- time Consultative Organization's fair value, thereby causing Injury to, sion proceedings. (IMCO) Subcommittee on Lifesaving or the likelihood of injury to, an In- L. Need for a full and complete evi- Appliances. dustry in the United States, within the dentiary record. Discuss the draft paper prepared by meaning of the Antidumping Act, M. Need to explore alternatives not the United States as ad hoe coordina- 1921, as amended (19 U.S.C. 100 et advocated by a party [see Scenic tor of work developed at the 12th ses- seq.) (referred to in this notice as "the Hudson PreservationConf. v. FPC, 354 sion, Lifesaving Appliances Subcom- act"). On the basis of this information F. 2d 608 (2d Cir., 1965)]. mittee. and subsequent preliminary Investiga- N. Such other factors as the Com- Discuss U.S. submission t6 13th ses- tion by the Customs Service, an "anti- mission may find to be relevant in a sion of the Lifesaving Appliances Sub- dumping proceeding notice" was pub- particular case. committee. lished in the FEDERAL REGISTER of De- Requests for further information on cember 28, 1977 (42 FR 64753). V. PROCEDURAL TIMETABLE *the meeting should be directed to Mr. For purposes of this notire, the term N. W. Lemley, Chief, Survival Systems "pneumatic marine fenders" means The annual review contemplated by Branch, U.S. Coast Guard, Washing- pneumatic marine fenders used on ves- the plan would follow the timetable sels, docks, and quays to absorb set out below, subject to the qualifica- ,ton, D.C. 20590, telephone 202-426- 1444. impact, provided for In Item 790.39, tions expressed in section III: Tariff Schedules of the United States. A. Advance Notice of Proposed Rule- The Chairman will entertain com- making-December 1. ments from the public as time permits. TENTATIVE DETERMINATION OF SALES AT The advance notice of proposed iule- CARL TAYLOR, Jr., NOT LESS THAN FAIR VALUE making would (a) invite suggestions Acting Chairman,Shipping On the basis of the information de- and proposals for improvements in CoordinatingCommittee veloped in the customs Service Investi- the rules of practice, and (b) de- [FR Doc. 78-18464 Filed 7-3-78; 8:45 am] gation and for the reasons noted scribe any amendments the Commis- sion was at that time below, pursuant to section 201(b) of contemplating. the act (19 U.S.C. 160(b)), I hereby de- B. Deadline for Filing Responsive [4810-221 termine that there are no reasonable Comments to Advance Notice of Pro- DEPARTMENT OF THE TREASURY grounds to believe or suspect that the posed Rulemaking-January 15. purchase price of pneumatic marine C. Completion of Commission Analy- Office of the Secretary fenders from Japan Is less than fair sis of Comments-February 15. value, and thereby the foreign market This analysis would include the PNEUMATIC MARINE FENDERS FROM JAPAN value, of such or similar merchandise. preparation of draft language for Antidumping; Tentative Determination of Sales any change the Commission contem- At Not Less Than Fair Value STATEm=ENT or REAsoNs ON Wmcu Tuis plated adopting. - DERMINATxoN Is BASED D. Notice of Proposed Rulemaking- AGENCY: U.S. Treasury Department, The reasons and bases for the above February 20. ACTION: Tentative negative determi- E. Deadline for Filing Responsive tentative determination are as follows: Comments on Notice of Proposed Ru- nation. a. Scope of the investigation. It ap- lemaking-March 31. SUMMARY: This notice is to advise pears that all imports of the subject F. Commission's Final Rulemaking the public that there is no reason to merchandise from Japan were manu- Order-April 20. believe or suspect, based on the infor- factured by Yokohama Rubber Co., mation available, that pneumatic Ltd., Tokyo, Japan. Therefore, the In- If an issue of extraordinary com- marine fenders from Japan are being vestigation was limited to thld manu- plexity should arise in the notice and sold at less than fair value within the facturer. comment process, the Commission meaning of -the Antidumping Act, b. Basis of comparison. For the pur- contemplates severing that issue for 1921. Sales at less than fair value gen- pose of considering whether the mer- further study and later disposition, erally occur when the price of the chandise is being, or Is likely to be, rather than extending it to procedural merchandise sold for exportation to sold at less than fair value within the 'schedule as a whole to accommodate the United States is less than the price meaning of the act, the proper basis of it. of such or similar merchandise sold in comparison appears to be between [FR Doe. 78-18471 Filed 6-29-78; 2:36 pm] the home market or to third countries. purchase price and the home market Interested persons are invited to com- price of such merchandise. Purchase ment on this action not later than 30 price, as defined in section 203 of the [4710-07] days from the effective date of this act (19 U.S.C. 162), was used since the notice. export sales compared appear to be DEPARTMENT OF STATE made to unrelated Japanese trading EFRECTIVE DATE: July 5, 1978. ECM-8/74] companies for resale to the United SHIPPING COORDINATING COMMITTEE, FOR FURTHER INFORMATION States. Home market price, as defined CONTACT: in section 153.2, Customs regulations SUBCOMMITTEE ON SAFETY OF LIFE AT SEA (19 CFIR 153.2), was used since such Stephen Nyschot, Operations Office, merchandise appears to be sold In the Meeting Duty Assessmbnt Division, U.S. Cus- home market in sufficient quxantities The working group on lifesaving ap- toms Service, 1301 Constitution to provide a basis of comparison for pliances of the Subcommittee on Avenue NWV., Washington, D.C. fair value purposes. Safety of Life at Sea (SOLAS), a com- 20229, 202-566-5492. In accordance with section 153.31(b), ponent of the Shipping Coordinating SUPPLEMENTAL INFORMATION: Customs regulations (19 CIR Committee (SHC), will conduct an Information was received in proper 153.31(b)), pricing information was ob- open meeting at 9:30 a.m. on Wednes- form on November 23, 1977, from tained concerning sales in the home day, July 26, 1978, in room 8236, U.S. counsel acting on behalf of Seaward market and to the United States Coast Guard Headquarters, 400 7th International, Inc., Falls Church, Va., during the period January 1 through Street SW., Washington, D.C. and Samson Ocean Systems, Inc., December 31, 1977. The purpose of the meeting is to: Boston, Mass., alleging that pneumatic c. Purchaseprice. For the purpose of Discuss the report of the 12th ses- marine fenders from Japan were being this tentative determination, purchase sion of the Intergovernmental Mar- sold in the United States at less than price has been calculated on the basis

FEDERAL REGISTER, VOL. 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29047

of the c.if., c. & L, or fo.b. packed United States indicated that purchase lished only once. This list contains price to the unrelated trading compa- price was not less than the home prospective assignments only and does ny for export to the United States, market price of such merchandise for not include cases previouly assigned with deductions for ocean freight, in- nearly 99 percent of the total value hearing dates. The hearings will be on surance, and domestic freight, as ap- sold to the United States. In one sale, the issues as presently reflected in the propriate. accounting for sljghtly over 1 percent official docket of the Commission. An d. Home market price. For the pur- of the total value sold to the United attempt will be made to publish no- pose of this tentative determination, States and involving one particular tices of cancellation of hearings as the home market price has been calcu- small size pneumatic marine fender, promptly as possible, but interested lated on the basis of the delivered, not focused upon by petitioner in this parties should take appropriate steps packed price to unrelated customers in case, purchase price was found to be to insure that they are notified of can- the home market. Adjustments have less than the home market price. How- cellation or postponements of hearings been made for interest costs, freight, ever, this margin amounted to roughly in which they are interested. and packing cost differentials, as ap- 0.3 of one percent when weighted over No. MC 109397 (Sub-No. 404), Tri-State propriate, in accordance with section 100 percent of all sales, and Is consid- Motor Transit Co4 No. MC 123407 (Sub- 153.10, Customs regulations (19 CFR ered to be de minimis in the context of No. 429). Sawyer Transport, Inc.; No. MC 153.10). The adjustment for interest this case. 124947 (Sub-No. 78), Machinery Trans- costs relates to extended payment In. accordance with section 153.40, port, Inc., nov being assigned for contin- terms granted to customers in the Customs regulations (19 CFR 153.40), ued hearing on August 22, 1978 (2 weeks), home market. interested persons may present wrlt- at the Atlanta American Hotel, Georgian Claims made by respondent for ad- ten views or arguments, or requests in Room. International Boulevard and justments for the following were not Spring Street Atlanta. GA. writing that the Secretary of the T. allowed: Fluctuation in currency ex- Treasury afford an opportunity to No. MC 143998, Clifford Glenn. d.b.a. change rate, difference in level of Tally-Ho Charter Service, now being as- present oral views. signed September 6, 1978 (3 days), at El trade, and advertising expenses alleg- Any request that the Secretary of Paso, TX, In a hearing room to be later edly incurred in the home market. the Treasury afford an opportunity to designated. The claim for an adjustment for cur- present oral views should be addressed No. MC-P13182, Newman Bros. Trucking rency exchange-rate fluctuation is to the Commissioner of Customs, 1301 Co.-Purchase-E . Keller and Co, Inc., based upon respondents argument Constitution Avenue NW., Washing- and MC 120761 (Sub-No. 21), Newman that, with respect to a certain sale, it ton, D.C. 20229, in time to be received Bros. Trucking Co.. now being assigned for had made a binding offer to sell at a September 11. 1978 (1 week), at Dallas, by his office not later than July 20, TX, in a hearing room to be later desig- designated price several months before 1978. Such request must be accompa- the date of purchase. However, section nated. nied by a statement outlining the No. AB 18 (Sub-No. 21), Chesapeake & Ohio 153.52(a) of the Customs regulations issues wished to be discussed, which Railway Co. abandonment of carferry (19 CFR 153.52(a)) clearly establishes issues may be discussed in greater service across Lake Michigan between that the exchange rate in effect on detail in a written brief. Ludington. MfI. and Kewaunee, Milwau- the date of purchase, or agreement to Any written views or arguments kee. and ManItowoc, WI, Is now assigned purchase, governs, and the mere exis- should likewise be addressed to the for hearing (a supplemental hearing) tence of a firm offer cannot be consid- August 15. 1978 (1 day), at Milwaukee, WI, Commissioner of Customs in 10 copies at a location to be later designated. ered the date of purchase, or agree- in time to be received by his office not ment to purchase, until that offer is later than August 4, 1978. All persons NANCYx L. WILSON, accepted. In addition, respondent submitting views or arguments should ActingSecretary. argued that the sale in question was avoid repetitious and merely cumula- CFR Doe.78-18483 Filed 7--78; 8:45 am] made to a different level of trade from tive material. Counsel for the petition- that in the home market. It contends er and respondent are also requested -that the sales of the particular size to send each other all written submis- [7035-01] fender in the home market were made sions, including nonconfidential sum- [Notice No. 1091 to ship chandlers, which allegedly sell marles or approximated presentations directly to end users, whereas the of all confidential information. MOTOR CARRIER TEMPORARY AUTHORITY price to the United States was based This tentative determination and APPUCATIONS upon a sale made to the trading com- the statement of reasons therefor are pany in Japan. However, no informa- published pursuant to section JU=K 30, 1978. tion was presented to show that ship 153.34(a) of the Customs regulations The following are notices of filing of chandlers do, indeed, sell only to end (19 CFR 153.34(a)). applications for temporary authority users or that the functions they per- under section 210a(a) of the Interstate form are different from those per- Dated: June 28, 1978. Commerce Act provided for under the formed by the trading company. In PETRx D. EnmruArr, provisions of 49 CFR 1131.3. These view of this lack of substantiation, no DeputyAssistantSecretary rules provide that an original and six adjustment could be made for differ- of the Treasury. (6) copies of protests to an application ences in level of trade, as provided for EFR Doc. 18-18475 Filed 7-3-78; 8:45 am] may be filed with the field official by section 153.15 of the Customs regu- named n the FEDERAL Rx rsm publi- lations (19 CFR 153.15). The claim for cation no later than the 15th calendar advertising expenses allegedly in- [7035-01] day after the date the notice of the curred in the home market did not in- filing of the application is published in dicate .that the expenses were incurred INTERSTATE COMMERCE the FEDEmA Rxmlsm. One copy of the on behalf of Yokoham's customers, as COMMISSION protest must be served on the appli- required by section 153.10 of the Cus- cant, or Its authorized representative, toms regulations (19 CFR 153.10), and [Notice No. 670] if any, and the protestant must certify furthermore, inadequate documenta- ASSIGNMENT OF HEARINGS that such service has been made The tion was provided. protest must identify the operating e. Result of-fair value comparisons. JuNE 29,1978. authority upon which it is predicated, Using the above criteria, the compari- Cases assigned for hearing, post- specifying the "M.C" docket and "Sub" sons made on 100 percent of the sales ponement, cancellation, or oral argu- number and quoting the particular of the subject merchandise to'the ment appear below and will be pub- portion of authority upon which it

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29048 NOTICES relies. Also, the protestant shall speci- days. Applicant has also filed an un- 1978, and republished as corrected this fy the service it can and will provide derlying ETA seeking up to 90 days of issue. Applicant: COLDWAY CARRI. and the amount and type of equip- operating authority. Supporting ERS, INC., P.O. Box 2038, Clarksville, ment It will make available for use in shipper(s): There are approximately IN 47130. Applicant's representative: connection with the service contem- (13) statements of support attached to William P. Whitney, Jr., 708 McClure plated by the TA application. The the application which may be exam- Building, Frankfort, KY 40001. Au- weight accorded a protest shall be gov- ined at the field office named below. thority sought to operate as a common erned by the completeness and perti- Send protests to: District Supervisor carrier,by motor vehicle, over irregu- nence of the protestant's Information. Paul A. Naughton, Interstate Com- lar routes, transporting. Foodstuffs Except as otherwise specifically merce Commission, Room 105 Federal and related products, except In bulk, noted, each applicant states that there Building and Court House, 111 South moving in vehicle equipped with me- will be no significant effect on the Wolcott, Casper, WY 82601. chanical refrigeration. Between the fa- quality of the human environment re- No. MC 106074 (Sub-No. 63TA), filed cilities of Louisville Freezer Center In sulting from approval of its applica- May 11, 1978. Applicant: B & P Jefferson County, KY, on the one tion. MOTOR LINES, INC., Shiloh Road, hand, and, on the other, all points and A copy of the application is on file, P.O. Box 727, Forest City, NC 28043. places in AL, AR, DC, FL, GA,,IL, IN, and can be examined at the Office of Appplicant's representative: George IA, KS, KY, LA, MD, MI, MS, MO, the Secretary, Interstate Commerce NY, NC, OH, PA, SC, TN, VA, WA, W. Clapp, registered practitioner, P.O. and WI. Restricted Commission, Washington, D.C., and Box 836, Taylors, SC 29687. Authority to the transporta- also in the ICC field office to which sought to operate as a common carri- tion of freight having an origin or des- protests are to be transmitted. er, -by motor vehicle, over irregular tination at the facilities of Louisville routes, transporting:. Pulpboard, pulp- Freezer Center, 2000 South Ninth MOTOR CARIERus OF PROPERTY board boxes, and pulpboard box com- Street, Louisville, KY 40208. Send pro- No. MC 97457 (Sub-No. 7TA), filed ponents from Charlotte, NC to tests to: Beverly J. Williams, Trans- April 24, 1978, and published in the Quincy IL, Concordia, Kansas City portation Assistant, Interstate Com- F DERAL REGISTER issue of May 23, and Poplar Bluff, MO and Cookville, merce Commission, Federal Building 1978, as No. MC 144719TA, and repub- TN and points in their commercial and U.S. Courthouse, 46 East Ohio lished as corrected this issue. Appli- zones, for 180 days. Applicant has also Street, Room 429, Indianapolis, IN cant: WARNER & SONS TRUCKING filed an underlying ETA seeking up to 46204. The purpose of this republica. CO., 3224 Sand Creek Highway, R.F.D. 90 days of operating authority. Sup- tion Is to (1) add the State of AR to No. 1, Adrian, MI 49221. Applicant's porting shipper(s): Atlantic Coast the territorial description, and (2) representative: David E. Jerome, 22375 Carton Co., P.O. Box 8607, Charlotte, change the second DC In the territori. Haggerty Road, P.O. Box 400, North- NC 28208. Send protests to: Terrell al description to SC (South Carolina). ville, MI 48167. Authority sought to Price, District Supervisor, Interstate No. MC 126118 (Sub-No. 78 TA), operate as a common carrier,by motor Commerce Commission, 800 Briar filed May 11, 1978. Applicant: CRETE vehicle, over irregular routes, trans- Creek Road, Room CC516, Charlotte, CARRIER CORP., P.O, Box 81228, porting: Supplies and materials used NC 28205. Lincoln, NE 68501. Applicant's repre- in the manufacture of air conditioners No. MC 116457 (Sub-No. 33TA), filed sentative: Duane W. Acklie (same as and refrigerated equipment, from May 1, 1978. Applicant: GENERAL above). Authority sought to operate as Grand Rapids, MI, to the plantsite of TRANSPORTATION, INC., 1804 a common carrier, by motor vehicle, Belding Products Co. in Belding, MI, South 27th Avenue, P.O. Box 6484, over irregular routes, transporting: for 180 days. Applicant has also filed Phoenix, AZ 85005. Applicant's repre- Iron and steel articles, from Chicago an underlying ETA seeking up to 90 sentative: D. Parker Crosby, 1710 and Hennepin, IL, and their commer- days of operating authority. Support- South 27th Avenue, P.O. Box 6484, cial zones to Grand Island, NE, and Its ing shipper(s): Belding Products Co., Phoenix, AZ 85005. Authority sought commercial zone, for 180 days. Appli- Belding, MI 48809. Send protests to: C. to operate as a common carrier, by cant has also filed an underlying ETA R. Flemming, District Supervisor, motor vehicle, .over irregular routes, seeking up to 90 days of operating au- Bureau of Operations, 225 Federal transporting: Structural glazed tile, thority. Supporting shipper(s): James Building, Lansing, MI 48933. The pur- fire brick, flue lining, ceramic floor R. Cusick, Purchasing & Materials pose of this republication is to indicate and wall tile, fire clay, and commod- Manager, Overhead Door Corp., P.O. the correct docket number as No. MC ities used in the installation thereof, Box 2007, Grand Island, NE 68801, 97457 (Sub-No. 7TA) in lieu of No. MC (except commodities in bulk or tank Send protest to: Max H. Johnston, 144719TA as previously published. vehicles), from points in TX to points District Supervisor, 285 Federal Build- No. MC 105006 (Sub-No. 8TA), filed in AZ, NV, and Kern, San Luis Obispo, ing and Courthouse, 100 Centennial May 10, 1978. Applicant: L. L. SMITH Santa Barbara, Ventura, San Bernar- Mall North, Lincoln, NE 68508. TRUCKING, P.O. Box 566, Powell, dino, Los Angeles, Riverside, Orange No. MC 128951 (Sub-No. 18TA), filed WY 82435. Applicant's representative: and San Diego Counties, CA, for 180 May 11, 1978. Applicant: ROBERT H. Thompson & Kelley, 450 Capitol Life days. Applicant has also filed an un- DITTRICH, d.b.a. BOB DITTRICH Center, Denver, CO 80203. Authority derlying ETA seeking up to 90 days of TRUCKING, 1000 North Front Street, sought to operate as a common carri- operating authority. Supporting New Ulm, MN 56073. Applicant's rep- er, by motor vehicle, over irregular shipper(s): Elgin-Butler Brick Co., resentative: James T. Flescher, 1745 routes, transporting:. Machinery, mate- P.O. Box 1947, Austin, TX 78767. Pan University Avenue, St. Paul, MN rials, supplies and equipment used in, American Industries, P.O. Box 716, 55104. Authority sought to operate as incidental to or in connection with the Gonzales, TX 78629. Dallas Ceramic a common carrier, by motor vehicle, discovery, development, production, Co., 7834 Hawn Freeway, Dallas TX over irregular routes, transporting: refining, manufacture, processing, 75217. Send protests to: Andrew V. Dry animal and poultryfeed, n bag or storage, transmissionand distribution Baylor, District Supervisor, Interstate in bulk or in combination moving in of naturalgas and petroleum and their Commerce Commission, Room 2020, the same truck equipped with self-un- products and byproducts (1) between Federal Building, 230 North First loading equipment by auger discharge points in CO and WY on the one Avenue, Phoenix, AZ 85025. from the facilities of Cargill, Nutrena hand, and on the other hand, points in No. MC 118263 (Sub-No. 72 TA), Feed Division at New Richland, MN to ID, NV, NM and UT, and (2) between filed April 19, 1978, and published in points in IA, SD, the upper peninsula points in ID, NV, NM and UT, for 180 the !EDERAL REGISTER issue of June 2, of MI and WI, for 180 days. Applicant

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29049 has also filed an underlying ETA seek- Carbon dioxide, between all points-in of America, Inc.) Supporting ing up to 90 days of operating authori- AL, AR, DE, FL, GA, IL, IN, IA, KS, shipper(s): Raleigh Industries of ty. Supporting shipper(s): Cargill, Nu- KY, LA, MID, M1S. MO, NJ, NC, OK, America, Inc., 1170 Commonwealth trena Feed Division, P.O. Box 9300, OH, PA, SC, TN, TX, VA, and WV, for Avenue, Boston, Ma 02134. Send pro- Minneapolis, MN 55440. Heger Co., 180 days. Supporting shipper(s): Car- tests to: Connie Stanley, Transporta- 2562 East 7th Avenue, North, St. Paul, bonic Industries Corp., P.O. Box 2311, tion Assistant, Room 240, Old Post MN 55109. Send protests to: Delores A. 1700 South Division Avenue, Orlando, Office and Courthouse Building, 215 Poe, Transportation Assistant, Inter- Fl 32802. Send protests to: Irene Northwest 3d, Oklahoma City, OK state Commerce Commission, Bureau Carlos, Transportation Assistant, In- 73102. of Operations, 414 Federal Building terstate Commerce Commisson, Room and U.S. Courthouse, 110 South 4th 1321, Federal Building, 300 North Los No. MC 140768 (Sub-No. 20TA), filed Angeles Street, Los Angeles, CA 90012. May 1, 1978. Applicant: AMERICAN Street, Minneapolis, MN 55401. TRANS-FREIGHT, INC., P.O. Box No. MC 135797 (Sub-No.--I18TA), No MC 138274 (Sub-ITo. 45TA), filed 796, Manvle, NJ 08335. Applicant's filed May 19, 1978. Applicant: J. B. March 27, 1978. Applicant: PAYNE representative: Eugene M. Malkin, HUNT TRANSPORT, INC., P.O. Box MOTOR LINES, INC., 251 West Com- Suite 6193, 5 World Trade Center, New 200, U.S. Hwy 71, Lowell, AR 72745. mercial, P.O. Box 1937, Elko, NV York, NY 10048. Authority sought to Applicant's representative: Paul A. 89801. Applicant's representative: D. operate as a common carrier,by motor Maestri, Vice President (same as Michael Jorgensen, Nelson, Harding, vehicle, over irregular routes, trans- above). Authority sought to operate as Richards, Leonard & Tate, P.O. Box porting: Charcoal briquettes and fire- a common carrier, by motor vehicle, 2465, Salt Lake City, UT 84110. Au- place logs, from the facilities of Great over irregular routes, transporting (1) thority sought to operate as a common Lakes Carbon Corp. at or near Marion, Plastic granules (except in bulk) from carrier,by motor vehicle, over irregu- OH to points in CT, MA. MD, NJ, NY, Peru, 1L Jamesburg, NJ and Monaca, lar routes, transporting: Animal feed PA, and VA.; for 180 days. Applicant PA, to Sallisaw, OK, (2) paper backed and feed ingredients, supplements, ad- has also filed an underlying ETA seek- aluminum foil, from Attleboro, MA, to ditives, materials,and supplies used In ing up to 90 days of operating authori- Sallisaw, OK, and (3) plastic articles the manufacture and promotion of ty. Supporting shipper. Great Lakes (except in bulk) from Sallisaw, OK to animal feeds, from the facilities of Kal Carbon Corp., 279 Park Avenue, New points in AL, AR, IA, KS, LA, MS, Kan Foods, Inc., at or near Columbus, York, NY 10017. Send protests to: MO, OK, TN, and TX, for 180 days. OH to points in CO, KS, IA, IL, MN, Robert R_ Johnston, District Supervi- Supporting shipper(s): Electro Foam NE, ND, SD, and MO, for 180 days. sor, Interstate Commerce Commission, Packaging Corp., P.O. Box 645, Salli- Applicant has also filed an underlying 9 Clinton Street, Newark, NJ 07102. saw, OK 74955. . Send protests to: Dis- ETA seeking up to 90 days of operat- trict Supervisor William H. Land, Jr., ing authority. Supporting shipper(s): No. MC 141764 (Sub-No. 8TA), filed 3108 Federal Office Building, 700 West Kal Kan Foods, Inc.. 3386 East 44th May 3, 1978. Applicant: BLACK- Capitol, Little Rock, AR 72201. Street, Vernon, CA 90058. Send pro- HAWK ENTERPRISES; 853 Hancock Street, Hayward, CA 94544. Appli- No. MC tests to: District Supervisor W. J. 136605 (Sub-No. 51TA), filed Huetig, Interstate Commerce Commis- cants representative: William D. May 5,1978. Applicant: DAVIS BROS. Taylor, Handler, Baker & Greene, 100 DIST., INC., P.O. Box 8058, 216 Trade sion, 203 Federal Building, 705 North Plaza Street, Carson City, NV 89701. Pine Street, Suite 2550, San Francisco, Street, Missoula, MT 59807. Appli- CA 94111. Authority sought to operate cants representative: W. E. Seliski NoT_.-The applicant has changed Its cor- as a contract carrier,by motor vehicle, (same as above). Authority sought to porate name from Shippers B3est Epres, over irregular routes, transporting:. operate as a common carrier, by motor Inc., to Payne Motor Lines, Inc. A name Carpeting,NOI from Dalton, GA and/ vehicle, over irregular routes, trans- change request Is before the Commission or Winchester, TN to points and porting: Ashpalt-composition awaiting approval of tariff adoptions before roofing, an order will be Issued reflecting the new places in the State of CA, under a con- shingles, rolled roofing and asphalt corporate name. For status information, tinuing contract or contracts with E. impregnatedsheathing board from the talk to Ms. Florence P. Wayns, room 2372, & B. Carpet Mls, Inc., Dalton, GA, ports of entry on the United States- Ext. 57045. for 180 days. Applicant has also filed Canada International Boundary line an underlying ETA seeking up to 90 located in the States of ID and MT to No. MC 138469 (Sub-No. 74TA), filed days of operating authority. Support- points~in WA, OR, ID, and MT, re- May 1, 1978. Applicant: DONCO CAR- Ing shipper(s): E. & B. Carpet Mills, stricted to traffic originating in the RIERS, INC., 2027 South Nicholas, Inc., 1020 Riverbend, Dalton, GA Province of AB, Canada, for 180 days. P.O. Box '75354, Oklahoma City, OK 30720. Send protests to: District Su- Applicant has also filed an underlying 73107. Applicant's representative: pervisor A. J. Rodriguez, 211 Main ETA seeking up to 90 days of operat- Daniel 0. Hands, Attorney at Law, Suite 200, Street, Suite 500, San Francisco, CA ing authority. Supporting shipper(s): 205 West Touhy Avenue, 94105. A. D. McIntosh, Manager, IKO Indus- Park Ridge, IL 60068. Authority tries, Ltd., P.O. Box 1325, Calgary, AB, sought to operate as a common carr- No. MC 141910 (Sub-No. 2TA), filed Canada T2P 2L2. Send protests to: er, by motor vehicle, over irregular May 17, 1978. Applicant: FAIRWAY District Supervisor Paul J. Labane, In- routes, transporting: Bicycles and bi- TRANSIT, INC. North 10 West 24730 terstate Commerce Commission, 2602 cycle parts and accessories, (1) from Highway TJ, Pewaukee, WI 53072. Ap- FIrst. Avenue North, Billings, MT Secaucus, NJ and Buffalo, NY to plicant's representative: Richard A. 59101. points in AL, AZ, AR, CA, CO, FL, GA, Westley, 4506 Regent Street, Suite ID, IL, IN, IA, KS, KY, LA, MI, MN, 100, Madison, WI 53705. Authority No. MC 138026 (Sub-No. 17TA), filed MS, MO, MT, NE, NV, NM, SC, ND, sought to operate as a contract carri- May 4, 1978. Applicant: LOGISTICS OH, OK, OR, SC, SD, TN, TX, UT, er, by motor vehicle, over irregular EXPRESS, INC., d.b.a. LOGEX, 8060 WA. WI, and WY; (2) from Port Clin- routes, transporting: Calcium carbide, East Florence Avenue, Downey, CA ton, OH to points in AL, AZ, AR. CA, in containers, from Keokuk, IA to (1) 92335. Applicant's representative: CO, FL, GA, ID, IL, IN, IA, KS, KY, the facilities of Northern Gases, Inc., David P. Christianson, Knapp, Ste- LA, MI, IN. MS MO, MT. NE, NV, at or near Waukesha, WI under a con- vens, Grossman & Marsh, 707 Wilshire NM, NC, ND, OK, OR, SC, SD. TN. tinuing contract or contracts with Boulevard, Suite 1800, Los Angeles, TX, UT, WA, WI, and WY, for 180 Northern Gases, Inc., and (2) the fa- CA 90017. Authority sought to operate days. (Restricted in (1) and (2) above cilitiEs of Manitowoc Gases, Inc., at or as a common carrier,by motor vehicle, to shipments originating at or destined near Manitowoc, WI under a continu- over irregular routes, transporting: to the facilities of Raleigh Industries Ing contract or contracts with Man-

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29050 - NOTICES

itowoe Gases, Inc., for 180 days. Appli- Chemical, 180 East Broad Street, Co- tank vehicles, between Portland, OR, cant has also filed an underlying ETA lumbus, OH 43215. Send protests to: on the one hand, and on the other, seeking up to 90 days of operating au- Irene Carlos, Transportation Assist- Wenatchee, Chelan, Pasco, Connell, thority. Supporting shipper(s): North- ant, Interstate Commerce Commis- Winlock, and Centralia, WA, under a ern Gases, Inc., 309 Sentry Drive, sion, Room 1321 Federal Building, 300 continuing contract or contracts with Waukesha, WI 53186 (Michael Duffy) North Los Angeles Street, Los Angeles, Cummings Oil Co., Desert Oil Compa- and Manitowoc Gases, Inc., 309 Sentry CA 90012. ny, Inc., and Budget Fuel & Service, Drive, Waukesha, WI 53186 (Michael No. MC 143616 (Sub-No. ilTA), filed Inc., for 180 days. Applicant has also Duffy). Send protets to: Gail Daugh- May 3, 1978. Applicant: M. & S. filed an underlying ETA seeking up to. erty, Transportation Assistant, Inter- TRANSPORT LINES, INC., P.O. Box 90 days of operating authority. Sup- state Commerce Commission, Bureau 417, Sultana, CA 93666. Applicant's porting shipper(s): Cummings Oil Co., of Operations, U.S. Federal Building representative: Dwight L. Koerber, Jr., 210 Northup Street, Centralia, WA and Courthouse, 517 East Wisconsin 805 McLachlen Bank Building, 666 98531. Desert Oil Co., Inc., P.O. Box Avenue, Room 619, Milwaukee, WI Eleventh Street NW., Washington, DC 701, Pasco, WA 99301. Budget Fuel & 53202. 20001. Authority sought to operate as Service, Inc., P.O. Box 1299, Wenat- No. MC 143163 (Sub-No. 7TA), filed a contract carrier, by motor vehicle, chee, WA 98801. Send protests to: Dis- April 7, 1978. Applicant: RICHARD- over irregular routes, transporting: trict Supervisor A. E. Odoms, Bureau SON TRUCKING, INC., 330 East 8th Plated steel coil, from Youngstown of Operations, Interstate Commerce Street, P.O. Box 967, Greeley, CO and Warren, OH, to Tulare, CA, under Commission, 114 Pioneer Courthouse, 80631. Applicant's representative: Wm. a continuing contract or contract with 555 S.W. Yamhill Street, Portland, OR Fred Cantonwine (same as above). Au- Houck Industries, Inc., of Tulare, CA, 97204. thority sought to 6perate as a contract for 180 days. Applicant has also filed No. MC 144439 (Sub-No. ITA), filed carrier, by motor vehicle, over irregu- an underlying ETA seeking up to 90 April 25, 1978. Applicant: JOHN lar routes, transporting: Foodstuffs days of operating authority. Support- WELCH, WILLIAM WELCH AND W. from the facilities of Miami Margarine ing shipper(s): Houck Industries, Inc., D. WELCH, a partnership d.b,a. Co. in Albert Lea, MN to points in CA, 437 North "M", P.O. Box 186, Tulare, WELCH BROS. TRUCKING CO., CO, KS, NE, NM, OR, TX, UT, and CA 93274. Send protests to: Irene 1105 South Boulder Street, Portales, WA; and Foodstuffs, and materials Carlos, Transportation Assistant, In- NVI 88130. Applicant's representative: and supplies used in the operation of terstate Commerce Commission, Room Edwin E. Piper, Jr., 1115 Sandia Sav- margarine and shortening facilities 1321, Federal Building, 300 North Los ings Building, Albuquerque, NM 87102. from the facilities of Double-D Foods Angeles Street, Los Angeles, CA 90012. Authority sought to operate* as a (a subsidiary of Miami Margarine Co.), No. MC 144117 (Sub-No. liTA), filed common carrier,by motor vehicle over at City of Industry, CA and its com- April 26, 1978, and published in the irregular routes, transporting: Roofing mercial zone, and Chicago, IL and FEDERAL REGISTER issue of May 22, and roofing products, supplies and Kansas City KS and each of their re- 1978, and republished as corrected this equipment and insulation materials spective commercial zones to the pro- issue. Applicant: TLC LINES, INC., (except commodities In bulk in tank duction and storage facilities of Miami P.O. Box 1090, 1666 Fabick Drive, vehicles), from the facilities of Owens. Margarine Co. at Albert Lea, MN, Fenton, MO 63026. Applicant's repre- Coming Fiberglas Corp., at or near under a continuing contract or con- sentative: Daniel C. Sullivan, 10 S. La- Lubbock, TX, to points in AZ, for 180 tracts with Miami Margarine Co., for Salle Street, Chicago, IL 60603. Au- days. Applicant has also filed an un- 180 days. Applicant has also filed an thority sought to operate as a common derlying ETA seeking up to g0 days of underlying ETA seeking up to 90 days carrier,by motor vehicle over irregu- operating authority. Supporting of operating authority. Supporting lar routes, transporting: Pulpboard,or shipper(s): Owens-Coming Fiberglas shipper(s): Miami Margarine Co., 5226 paperboard, not corrugated, in pack- Corp., 5818 Archer Street, Summit, IL Vine Street, Cincinnati, OH 45217. ages, from the facilities of the Scott 60501. Send protests to: Darrell W. Send protests to: District Supervisor Paper Co., Inc., Beveridge Division, In- Hammons, District Supervisor, Inter- Roger L. Buchanan, Interstate Com- dianapolis, IN, to points in NM, CO, state Commerce Commission, 1106 merce Commission, 721 19th Street, WY, MO, ID, UT, AR, NV, OR, WA, Federal Office Building, 517 Gold 492 U.S. Customs House, Denver, CO and CA., for 180 days. Applicant has Avenue SW., Albuquerque, NM 87101. 80202. also filed an underlying ETA seeking No. MC 144733TA, filed Map 5, 1978. No. MC 143616 (Sub-No. 9TA), filed up to 90 days of.operating authority. Applicant: RAY ROUTH d.b.a. RAY May 3, 1978. Applicant: M. & S. 'Supporting shipper(s): Scott Paper ROUTH & SONS, Rural Route 2, Box *TRANSPORT LINES, INC., P.O. Box Co., Beveridge Division, 717 West 105, New Richland, MN 56072. Appli- 417, Sultana, CA 93666. Applicant's Washington Street, Indianapolis, IN. cant's representative: James T. representative: Dwight L. Koerber, Jr., Send protest to: Peter E. Binder, Flescher, 1745 University Avenue, St. 805 McLachlen Bank Building, 666 Acting District Supervisor, Interstate Paul, MN 55104. Authority sought to Eleventh Street NW., Washington, DC Commerce Commission, Bureau of Op- operate as a common carrier, by motor 20001. Authority sought to operate as erations, room 1465, 210 North 12th vehicle, over irregular routes, trans. a contract carrier,by motor vehicle, -Street, St. Louis, MO 63101. The pur- porting: Dry animal and poultry feed over irregular routes, transporting: (1) pose of this republication is to correct in bag or in bulk or In combination Adhesives, spray lubricatingoil, caulk- the commodity description. moving in the same truck equipped ing compounds, putty, patching plas- No. MC 144160 (Sub-No. 1TA), filed with self-unloading equipment by ter, wood filter, and covering and fill- May 11, 1978. Applicant: DONALD A. auger discharge from New Richland, ing materials (except commodities in HALVORSEN, 19000 SW Wright MN to points in IA, SD, upper penin- bulk), and (2) synthetic resins and Court, Aloha, OR 97005. Applicant's sula of MI and WI, for 180 days. Appli. chemicals (except in bulk), from Bain- representative: Philip G. Skofstad, At- cant has also filed an underlying ETA bridge, NY to points in TX and CA, torney, P.O. Box 594, Gresham, OR seeking up to 90 days of operating au- under a continuing contract or con- 97030. Authority sought to operate as thority. Supporting shipper(s): Cargill tracts with Borden Chemical Division a contract carrier, by motor vehicle Nutrena Feed Division, P.O. Box 9300, of Borden, Inc., for 180 days. Appli- over irregular routes, transporting: Minneapolis, MN 55440. Heger Compa- cant has also filed an underlying ETA Greases, motor and lubricating oils, ny, 2562 East 7th Avenue, North St. seeking up to 90 days of operating au- tires, batteries, and empty returned Paul, MN 55109. Send protests to: Do- thority. Supporting shipper(s): Borden drums, except commodities in bulk, in lores A. Poe, Transportation Assistant,.

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29051

Interstate Commerce Commission, 1432, Fairbanks, AK 99701. Applicant's connection with the service contem- Bureau of Operations, 414 Federal representative: Alan F. Wohlstetter, plated by the TA application. The Building and U.S. Court House, 110 Law Offices of Denning & Wohstet- weight accorded a protest shall be gov- South 4th Street, Minneapolis, MN ter, 1700 K Street NW., Washington, erned by the completeness and perti- 55401. DC 20006. Authority sought to operate nence of the protestant's information. No. MC 144847TA, filed June 2, as a common carrier, by water, In in- Except as otherwise specifically 1978. Applicant: CHEMICAL TRANS- terstate or foreign commerce, by non- noted, each applicant states that there PORT, P.O. Box 2644, Great Falls, self-propelled vessels, with the use of will be no significant effect on the MT 59403. Applicant's representative: separate towing vessels, In the trans- quality of the human environment re- Ray F. Koby, 300 Montana Building, portation of: General commodities, sulting from approval of its applica- Great Falls, MT 59403. Authority except classes A and explosives, during tion. sought to operate as a contract carri- the season extending from May 1, to A copy of the application is on file, er, by motor vehicle, over irregular October 30, both dates inclusive, of and can be examined at the Office of routes, transporting. Acid (in bulk), (1) each year, (1) between points on the the Secretray, Interstate Commerce from Anaconda, MT, to the facilities Kuskokwlm River above Bethel and Commission, Washington, I).C., and of Western Nuclear, Inc., Near Well- Kuskokwim, AK, including Bethel and also in the ICC Field Office to which pinit, WA, and (2) from Spokane, WA, Kuskokwim; and (2) between points on protests are to be transmitted. the Kuskokwim River above Bethel, to the facilities of Western Nuclear, M TOR CARRIERS OF PROMMY Inc., near Wellpinit, WA, restricted to AK, not including Bethel, on the one traffic having a prior movement by hand, and, on the other, Oscarville, No. MC 111375 (Sub-No. 92TA), filed rail, under a continuing contract, or Napaiskak, Napakiak, Tuntalunliag, May 30, 1978. Applicant: PIRKLE RE- contracts, with Phelps Dodge Corp., Eek, Nunapitchuck, Kosigluk, and Mo- FRIGERATED FREIGHT LINES, for 180 days. Applicant has also filed ravian Orphanage, AK, restricted to INC., P.O. Box 3358, Madison, WI an underlying ETA seeking up to 90 traffic having an immediately prior or 53704. Applicant's representative: days of operating authority. Support- immediately subsequent movement by Charles E. Dye, P.O. Box 3358, Madi- ing shipper(s): Roger A. Small, Assist- air, for 180 days. Supporting son, WI 53704. Authority sought to op- ant General Traffic Manager, Phelps shipper(s): There are approximately erate as a common carrier,by motor Dodge Corp., 300 Park Avenue, New (19) statements of support attached to vehicle, over irregular routes, trans- York, NY 10022. Send protests to: the application which may be exam. porting: Yougurt, from Reed City, MI Paul J. Labane, District Supervisor, ined at the field office named below. and Its commercial zone to CT, ID, Interstate Commerce Commission, Send protests to: Hugh H. Chaffee, In- and UT, for 180 days. Applicant has 2602 First Avenue North, Billings, MT terstate Commerce Commission, 268 also filed an underlying ETA seeking 59101 Federal Building, 605 West 4th up to 90 days of operating authority. Avenue, Anchorage, AX 99501. Supporting shipper. Yaplait, USA, PASSENEa CAmu nc., 304 East Hammond, Otsego, MI By the Commission. 49078. Send protests to: Interstate No. MC 144602TA, filed March 30, NANCY Commerce Commission, Ronald A. 1978. Applicant: CONTINENTAL L. WIsoN, LIMOUSINE SERVICE, INC., 3123 N. ActingSecretary. Morken, District Supervisor, 139 West Washington Boulevard, Arlington, VA (FR Doc. 78-18484 Filed 7-3-78; 8:45 am] Wilson Street, Room 202, Madison, WI 22201. Applicant's representative: 53703. Lewis E. Leibowits, 1815 H Street NW., [7035-01] No. MC 136315 (Sub-No. 29TA), filed Washington, DC 20006. Authority May 23, 1978. Applicant: OLEN BUR- sought to operate as a common carri- (Notice No. 108] RAGE TRUCKING, INC., Route 9, er, by motor vehicle, over irregular Box 22-A, Philadelphia, MS 39350. Ap- routes, transporting: Passengers,limit- MOTOR CARRIER TEMPORARY AUTHORITY plicant's representative: Fred W. John- ed to prospective recruits in the U.S. APPLICATIONS son, Jr., 1500 Deposit Guaranty Plaza, armed forces and military personnel JuNE 29, 1978. P.O. Box 22628, Jackson, MS 39205. enroute to the Recruitment Testing The following are notices of filing of Authority sought to operate as a Center, in possession of tickets issued applications for temporary authority common carrier, by motor vehicle over by the Armed Forces authorizing under section 210a(a) of the Interstate Irregular routes, transporting. Pipe them to utilize said transportation Commerce Act provided for under the and fittings, valve boxes, wcater boxes, service, from the Armed Forces Re- provisions of 49 CFR 1131.3. These castings and accessories, from the fa- cruiting Offices in Fairfax, VA, Falls rules provide that an original and six cilities of The Central Foundry Co. at Church, VA; Alexandria, VA; Wash- (6) copies of protests to an application or near Holt, AL, to points in IA. OK, ington, DC, and Hillcrest Heights, MD, may be filed with the field official and TX, for 180 days. Applicant has on the one hand, to the Armed Forces named in the FEDRAL REGrsTER publi- also filed an underlying ETA seeking Testing Center, Linthicum Heights, cation no later than the 15th calendar up to 90 days of operating authority. MD, on the other, for 180 days. Appli- day after the date the notice of the Supporting shipper(s): The Central cant has also filed an underlying ETA filing of the application is published in Foundary Co., P.O. Box 188, Holt, AL seeking up to 90 days of operating au- the FEDERAL REGIsTER. One copy of the 35401. Send protests to: Alan C. Tar- thority. Supporting shipper(s): 3535 protest must be served on the appli- rant, District Supervisor, Interstate USAF Recruiting SQ, Chief, Logistics cant, or its authorized representative, Commerce Commission, room 212, 145 Branch, Boiling AFB, DC 20332. Send if any, and the protestant must certify East Amite Building, Jackson, MS protests to: W. C. Hersman, District that such service has been made. The 39201. Supervisor, Interstate Commerce Com- protest must identify the operating No. MC 136315 (Sub-No. 30TA), filed mission, 12th and Constitution Avenue authority upon which it is predicated, May 23, 1978. Applicant: OLEN BUR- NW., Room 1413, Washington, DC specifying the "MC" docket and "Sub" RAGE TRUCKING, INC., Route 9, 20423. number and quoting the particular Box 22-A, Philadelphia, MS 39350. Ap- WATER CAPRIE portion of authority upon which it plicant's representative: Fred W. John- relies. Also, the protestant shall speci- son. Jr., 1500 Deposit Guaranty Plaza, No. W-1132 (Sub-No. 4TA), filed fy the service it can and will provide P.O. Box 22628, Jackson, MS 39205. May 31, 1978. Applicant: BLACK and the amount and type of equip- Authority sought to operate as a NAVIGATION CO., INC., P.O. Box ment It will make available for use in common carrie, by motor vehicle over

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 "29052 NOTICES

irregular routes, transporting: Dump als, equipment and supplies, used in quent movement by rail (except these trailers and platform trailers, from the manufacture and sale of tire of unusual value, classes A and B ex- the facilities of Dorsey Trailers, Inc., changers, jacks and tire balancers plosives, and commodities in bulk), be- Hummels Wharf, PA, to points in AR, (except commodities in bulk), between ,tween the facilities of International LA, MS, and TX, for 180 days. Appli- the facilities of Coats Co., Inc., divi- Paper Co., Inc., at points in Florida cant has also filed an underlying ETA sion of Hennessey Industries Co., west.of the Apalachicola River, on the seeking up to 90 days of operating au- Nashville, TN, on the one hand, and, one hand, and, on the other, Pensaco- thority. Supporting shipper(s): Dorsey on the other, Augusta, Savannah, la, FL, for 180 days. Supporting Trailers, Inc., Hummels Wharf, PA Macon, Idthonia, GA; Kokomo, In- shipper(s): International Paper Co., 17831. Send protests to: Alan C. Tar- dianapolis, Paoli, Morristown, P.O. Box 160707, Mobile, AL 36616, rant, District Supervisor, Interstate Mishawaka, IN; Cedar Falls, Daven- Send protests to: Mabel E. Holston, Commerce Commission, room 212, 145 port, Ames, Rock Valley, Monare, Transportation Assistant, Bureau of East Amite Building, Jackson, MS 'Webster City, Marion, IA; Livonia, De- Operations,' Interstate Commerce 39201. troit, Warren, Adrian, Taylor, Lansing, Commission, Room 1616, 2121 Build- No. MC 136803 (Sub-No. 7TA), filed MI; Omaha, NE; Dayton, Loveland, ing, Birmingham, AL 35203. June 2, 1978. Applicant: SIOUX CITY Youngstown, Akron, Findlay, Shelby, No. MC 139973 (Sub-No. 47TA), filed BULK FEED SERVICE, INC., 3324 Warren, Toledo, OH; Dickson, TN; May 22, 1978. Applicant: J. H. WARE Highway 75 North, Sioux City, IA Beaver Dam, Milwaukee, Combined TRUCKING, INC., P.O. Box 398, 909 51105. Applicant's representative: Locks, WI; Ormand Beach, Tampa,. Brown Street, Fulton, MO 65251. Ap- Edward A. O'Donnell, 1004 29th Auburndale, Miami, Daytona Beach, plicant's representative: Larry D. Street, Sioux City, IA 51104. Authori- Orlando, FL; Franklin Park, Rockford, Knox, 600 Hubbell Building, Des Effingham, Alington Heights, IL; ty sought to operate as a common car- Lenexa, Kansas City, St. Louis, MO; Moines, IA 50309. Authority sought to rier, by motor vehicle over irregular Kenner, LA; Lewiston, ME; Glen operate as a common carrier,by motor routes, transporting: Feed and feed in- Burnie, MD; Quincy, Springfield, MA; vehicle, over irregular routes, traMs- gredients, between Magnolia, MN, and Manchester, NH; Bound Brook, Cliff- porting: Iron and steel articles (except points in IA, NE, and SD, for 180 days. side Park, Newark, Piscataway, West commodities the transportation of Applicant has also filed an underlying Paterson, NJ; Emmaws, Freeland, which because of size or weight re- ETA seeking up to 90 days of operat- Wilkes-Barre, Harrisburg, Tamaqua, quire the use of special equipment), ing authority. Supporting shipper(s): Pittsburgh, Imperial, Glenside, PA; (1) from the facilities of Keystone Plains Milling, Inc., P.O. Box 98, Mag- Pawtucket, Cranston, RI; Houston, Consolidated Industries, Inc., at or nolia, MN 56158. Send protests to: Car- Richardson, San Antonio, Fort Worth, near Peoria, IL, to Greenville, MS, roll Russell, District Supervisor, Inter- Lubbock, Paris, Tyler, McAllen, TX; and; (2) from the facilities of Key- state Commerce Commission, Suite Little Rock, AR; Oklahoma City, OK; stone Consolidated Industries, Inc., 4 620, 110 North 14th Street, Omaha, Tempe, AZ; San Leandro, Westminis- or near Greenville, MS, to points In NE 68102. ter, San Diego, Upland, Sunnydale, AR, TN, TX, LA and OK, for 180 days. No. MC 138206 (Sub-No. 4TA), filed Redwood City, Oakland, Sacramento, Supporting shipper(s): Keystone Steel May 23, 1978. Applicant: TRULINE Fresno, San Francisco, Riverside, CA; & Wire, Division of Keystone Consoli- CORP., 4455 South Cameron Avenue, Albuquerque, NM; Portland, OR; Salt dated Industries, Inc., Peoria, IL Las Vegas, NV 89701. Applicant's rep- Lake City, UT; Seattle, Spokane, 61641. Send protests to: Veroon V. resentative: Robert G. Harrison, 4299 Tacoma, WA; Lenexa, KS; Minneapo- Coble, District Supervisor, Interstate James Drive, Carson City, NV 89701. lis, MN; Garden City, Long Island, Commerce Commission, 600 Federal Authority sought to operate as a Freeport, Buffalo, Tonawanda, Syra- Building, 911 Walnut Street, Kansas common carrier, by motor vehicle, cuse, Rochester, NY; Birmingham, AL; City, MO 64106. over irregulr routes, transporting. Rocky Mount, Charlotte, Winston- No. MC 141033 (Sub-No. 40TA), filed Gypsum products and gypsum board Salem, Ayden, NC; Spartenburg, Sum- April 21, 1978. Applicant: CONTINEN- paper, and gypsum products, from merville, SC, restricted to shipments TAL CONTRACT CARRIER CORP., points in Clark County, NV, to Salt having origin and destination at the 15045 East Salt Lake Avenue, P.O. Box Lake City, UT, Gypsum Board Paper, above facilities, for 180 days. Appli- from Florence, CO, to points in Clark 1257, City of Industry, CA 91749. Ap. cant has also filed an underlying ETA plicant's representative: A. J. Swanson, County, NV, for 180 days. Supporting seeking.up to 90 days of operating au- of Peterson, Bowman, Larsen & Swan- shipper(s): Flintkote Co., 2201 East thority. Supporting shipper(s): son, 521 South 14th Street, P.O. Box Washington, Los Angeles, CA 90021. Hennessey Industries, Inc., LaVergne, 81849, Lincoln, NE 68501. Authority Send protests to: W. J. Huetig, District TN 37086. Send protests to: Mabel E. sought to operate as a common carri- Supervisor, Interstate Commerce Com- Holston Transportation Assistant, er, by motor vehicle over Irregular mission, 203 Federal Building, 705 Bureau of Operations, Interstate Com- routes, transporting, Animal, fish, and North Plaza Street, Carson City, NV merce Commission, Room 1616, 2121 poultry feed supplements, (except 89701. Building, Birmingham, Al 35203. frozen commodities and commodities No. MC 138882 (Sub-No. 69TA), filed No. MC 139917 (Sub-No. 4TA), filed. in bulk), from the plantsite of Hoff- April 27, 1978. Applicant: WILEY May 16, 1978. Applicant: SEARAIL, mann-LaRoche, Inc., at or near Fort SANDERS, INC., P.O. Box 707, Troy, INC. P.O. Box 909, 701 South Royal Worth, TX, to Henderson, KY, and AL 36081. Applicant's representative: Street, Mobile, AL 36601. Applicant's points in AR, LA, MS, and MO, re- George A. Olsen, P.O. Box 357, Glad- representative: George M. Boles, 727 stricted to traffic originating at the stone, NJ 07934. Authority sought to Frank Nelson Building, Birmingham, plantsites of Hoffmann-LaRoche, Inc., operate as a common carrier,by motor AL 35203. Authority sought to operate at or near Fort Worth, TX, and des- vehicle, over irregular routes, trans- as a common carriqr,by motor vehicle, tined to points in the named destina- porting* (1) Wheel weights, materials, over irregular routes, transporting: (1) tion States, for 180 days. Supporting equipment and supplies, used in'the General commodities in containers or shipper(s): Hoffmann-LaRoche, Inc,, manufacture and sale of wheel. trailers having an intermediate prior One Sunset Avenue, Montclair, NJ weights (except commodities in bulk), or subsequent movement by water, 07042. Send protests to: Irene Carlos, between the failities of Bada Co., Inc., (except those of unusual value, classes Transportation Assistant, Interstate division of Hennessey Industries Co., A and B explosives, and commodities Commerce Commission, Room 1321, Bowling Green KY; and (2) Tire in bulk); (2) General commodities, Federal Building, 300 North Los Ange- changers,jacks, tire balancers, materi- having an intermediate prior or subse- les Street, Los Angeles, CA 90012.

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29053

No. MC 141274 (Sub-No. 5TA), filed Joe J. Tate, District Supervisor, as a common carrier,by motor vehicle, April 12, 1978. Applicant: C. C. AN- Bureau of Operations, Interstate Com- over irregular routes, transporting. (1) KENEY, INC., P.O. Box 1034, Whit- merce Commission, Suite A-422, U.S. Cellulose insulation and materials, tier, CA 90609. Applicant's representa- Courthouse, 801 Broadway, Nashville, equipment, and supplies utilized in the tive: C. C. Anthony, P.O. Box 1034, TN 37203. sales and distribution thereof, from Whittier, CA 90609. Authority sought Scottsbluff, NE, to points in SD, ND, to operate No. MC 144122 (Sub-No. IlTA), filed as a contract carrier, by May 24, 1978. Applicant: CARRETTA WY, MT, CO, KS, IA and MO, and (2) motor vehicle over irregular routes, TRUCKING, materials, equipment, and supplies transporting. Thermal or weather- INC., South 160, Route utilized in the manufacture, sales, and proofing products, viz: weatherstrip- 17 North, Paramus, NJ 07652. Appli- distribution of commodities named in ping and aluminum parts thereof, cant's representative: Joseph Carretta, (1) above, from points in the destina- South 160, Route 17 North, Paramus, tion States named above In (1) to ,plastic fibre or sheet; tape sealing or NJ 07652. Authority sought to operate masking, insulation or filters; fiber- Scottsbluff, NE, and (3) fire retardant as a common carrier,by motor vehicle, products, from Torrington, WY, and glass, from the plantsites of Therm- over Irregular routes, transporting. well Products, Inc., at Patterson, NJ, points In Its commercial zone to points to the plantsites at Los Angeles, CA, General commodities, moving on In the United States (except AK and under freight forwarder bills of lading HI), for 180 days. Applicant has also a continuing contract, or con- (except articles of unusual value, tracts, with Thermwell Products Co., filed an underlying ETA seeking up to Inc., for 180 days. Supporting classes A and B explosives, commod- 90 days of operating authority. Sup- shipper(s): Thermwell Products Co., ities in bulk, household goods as de- porting shipper(s): (1) Larry Meyers, Inc., 150 East Seventh Street, Patter- fined by the Commission, and com- President, Plains Insulation, Inc., 401 son, NJ 07524. Send protests to: Irene modities which require special equip- South Beltline Highway East, Scotts- ment), between the Chicago, IL com- bluff, NE 69361. (2) Donald M. Steen, Carlos, Transportation Assistant, In- mercial zone and the New York, NY terstate Commerce Commission, Room President, Chemicals International commercial zone, for 180 days. Sup- Ltd., 818 South Beltline Highway East, 1321, Federal Building, 300 North Los porting shipper(s): C. S. Green & Co., Angeles Street, Los Angeles, CA 90012. Scottsbluff, NE 69361. Send protests Inc., Two Illinois Center, 233 North to: Max H. Johnston, District Supervi- No. MC 142948 (Sub-No. 9TA), filed Michigan Avenue, Chicago, IL 60601. sor, 285 Federal Building and Court- May 25, 1978. Applicant: THE Send protests to: Joel Morrows, Dis- house, 100 Centennial Mall North, GRADER LINE, INC., 434 Atlas trict Supervisor, Interstate Commerce Lincoln, NE 68508. Drive, Nashville, TN 37211. Appli- Commission, Bureau of Operations, 9 "cant's representative: Edward C. Blank Clinton Street, Room 618, Newark, NJ No. MC 144668TA, filed April 24, II, Middle Tennessee Bank Building, 07102. 1978. Applicant: G & W TRANSPOR- TATION, INC. P.O. Box 1769, Tupelo, P.O. Box 1004, Columbia, TN 38401. No. MC 144571 (Sub-No. 1TA), filed Authority sought to operate MS 38801. Applicant's representative: as a May 4, 1978. Applicant: ALBERT LEE James N. Clay 1lI, 2700 Sterick Build- common carrier, by motor vehicle, HERBERT, d.b.a. ALM, P.O. Box 297, over irregular routes, transporting. ing, Memphis, TN 38103., Authority Iota, LA 70543. Applicant's representa- sought to operate as a contract carr- Shoes, shoe findings, store supplies,in- tive: Albert Lee Hebert, P.O. Box 297, er, by motor vehicle, over irregular cluding advertising materials, and Rural Iota, Iota, LA. 70543. Authority routes, transporting: (1) Corrugated packaging and clothing, from- ware- sought to operate as a common carri- boxe% materials, and supplies used in house sites of Genesco, Inc., in Nash- er, by motor vehicle, over Irregular the manufacture, sale, and distribu- ville, TN, and Huntsville, AL, to points routes, transporting* Rough-sawed tion of corrogated boxes, from points in the States of CA, UT, and AZ, for lumber, from Chester, TX, to points In KY, TN, LA, MO, TX, OK, and AR, 180 days.. Supporting shipper(s): having a destination In the following to Tupelo, MS. Restriction: Restricted Genesco, Inc., 1I Seventh Avenue, LA parishes: Acadia, Allen, Ascension, to service performed under a continu- North, Nashville, TN 37202. Send pro- Assumption, Beauregard, Calcasieu, ing contract, or contracts, with Gener- tests to: Glenda Kuss, Transportation Cameron, East Baton Rouge, East Fe- al Packaging Specialties, Inc., of Assistant, Bureau of Operations, In- liciana, Evangeline, Iberia, Iberville, Tupelo, MS, and Great Southern Box terstate Commerce Commission, Suite Jefferson, Jefferson Davis, Lafayette, Co., Inc, of Tupelo, MS; and (2) poly- A-422, U.S. Courthouse, 801 Broad- LaFourche, Livingston, Orleans, Pla- urethanecarpet padding,from Tupelo, way, Nashville, TN 37203. quemines, Point Coupee, St. Bernard, MS. to points in AL, AR, LA, OK, and No. MC 143363" (Sub-No. 1TA), filed St. Charles, St. Helena, St. James, St. T. Restriction: Restricted to service May 25, 1978. Applicant: VOLUN- John the Baptist, St. Landry, St. rendered under a continuing contract, -TEER TRANSPORTATION, INC., Martin, St. Mary, St. Tammany, Tan- or contracts, with General Felt Indus- Route 6, McMinnville, TN 37110. Ap- gipahoa, Terrebonne, Washington, tries, Inc., of New York, NY, and plicant's representative: Roland M. West Baton Rouge, West Feiciana, Olympic Products Co., division of Lowell, 618 United American Bank and Vermilion, for 180 days. Applicant Cone Mills Corp. of Tupelo, MS, for Building, Nashville, TN 37219. Author- has also filed an underlying ETA seek- 180 days. Supporting shipper(s): (1) ity sought to operate as a common ing up to 90 days of operating authori- Great Southern Box Co., Inc, P.O. carrier,by motor vehicle, over irregu- ty. supporting shipper(s): Elder Pallet Drawer 1769, Tupelo, MS 38801; (2) lar routes, transporting: Mobile homes, & Lumber Sales, Inc., P.O. Box 1221, General Packaging Specialties, Inc., parts and accessories thereto, between Opelousas, LA 70570. Send protests to. P.O. Drawer 1769, Tupelo, MS 38801; Ogden, UT Foiest Park, GA; Palo Ray C. Armstrong, Jr., District Super- (3) Olympic Products Co., division of Pinto, TX, and Richmond, KY on the visor, Interstate Commerce Commis- Cone Mills Corp., 1116 South Canal one hand and, on the other, points in sion, T-9038 U.S. Postal Service Build- Street, Tupelo, MS 38801; (4) General the United States (excluding HD, ing, 701 Loyola Avenue, New Orleans, Felt Industries, Inc., Park 80 Plaza which have been declared by the LA 70113. West-One, Saddle Brook, NJ 07662. President of the United States as dis- No. MC 144667 (Sub-No. ITA), filed Send protests to: Floyd A. Johnson, aster areas, for 180 days. Supporting May 3, 1978. Applicant: ARTHUR E. District Supervisor, Interstate Com- shipper(s): Office of Emergency Pre- SMITH & SON TRUCKING, INC., merce Commission, 100 North Main paredness, U.S. Department of Hous- P.O. Box 1054, Scottsbluff, NE 69361. Building, Suite 2006, 100 North Main ing and Urban Development, Room Applicant's representative: Bradford Street, Memphis, TN 38103. 6268, 451 Seventh Street SW., Wash- E. Kistler, P.O. Box 82028, Lincoln, No. MC 144717TA, filed May 3, 1978. ington, DC 20410. Send protests to: NE 68501. Authority sought to operate Applicant: PERLEY D. CARMI-

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 2905K NOTICES

CHAEL, d.b.a. Carmichael Bros., U.S. 810 First Street South, Hopkins, MN Siskiyou, Shasta, and Tehama Coun- ,Hwy No. 1, Littleton, ME 04406. Appli- 55343. Send protests to: Delores A Poe, ties, CA; and (2) commodities listed In cant's representative: Robert G. Parks, Transportation Assistant, Interstate (1) above, from Los Angeles, CA, to 20 Walnut Street, First Floor, Welles- Commerce Commission, Bureau of Op- points in Klamath, Jackson, Jose- ley Hills, MA 02181. Authority sought erations, 414 Federal Building, and phine, Coos, Douglas, Lane, Benton, to operate as a contract carrier, by U.S. Courthouse, 110 South 4th Linn, and Marion Counties, OR, and motor vehicle, over irregular routes, Street, Minneapolis, MN 55401. to Portland, OR, under a continuing transporting: Such merchandise as is contract, or contracts, with the Cronin dealt in by wholesale, retail, and chain No. MC 144835TA, filed June 1, Co., for 180 days. Supporting grocery and food business houses, and, 1978. Applicant: LARRY BERRY, shipper(s): The Cronin Co., 1205 in connection therewith, equipment, P.O. Box 698, Haleyville, AL 35565. Northwest Marshall Street, Portland, materials, and supplies, used in the Applicant's representative: Larry OR 97209. Send protests to: A. E. conduct of such business, from the fa- Berry (same address as applicant). Au- Odoms, District Supervisor, Bureau of cilities of First National Stores, Inc., thority sought to operate as a common Operations, Interstate Commerce at Windsor Locks, CT, to points in carrier, by motor vehicle over irregu- Commission, 114 Pioneer Courthouse, Aroostook County, ME, and to Rock- lar routes, transporting: Lumber and -555 Southwest Yamhlll Street, Port- land, Bangor, Waterville, and Old lumber products, from Haleyville, AL, land, OR 97204. to TN, MO, IA, MN, MI, WI, IL, IN, Town, ME, under a continuing con- No. MC 144839TA, filed May 30, tract, or contracts, with First National OH, PA, NY, WV, and KY, for 180 days. Applicant will also operate-as a 1978. Applicant: MURRAY'S EX- Stores, Inc., for 180 days. Supporting PRESS, INC., c/o Thomas Tucker, 135 shipper(s): First National Stores, Inc., private carrier, transporting his own lumber. Applicant has also filed an un- English Village Road, Apt. 103, Man- 500 North Street, Windsor Locks, CT chester, NH 03102. Applicant's repre- 06096. Send protests to: Donald G. derlying ETA seeking up to 90 days of operating - authority. Supporting sentative: Fred L. Potter, Sulloway, Weiler, District Supervisor, Interstate Hollis, Godfrey & Soden, 9 Capitol Commerce Commission, Bureau :of Op- shipper(s): Fullco Lumber Co., P.O. "Box 617, Haleyville, AL 35565. Send Street, P.O. Box 1256, Concord, NH erations, Room 305, 76 Pearl Street, 03301. Authority sought to operate as Portland, ME 04111. protests to: Mabel E. Holston, Trans- portation Assistant, Bureau of Oper- a contract carrier,by motor vehicle, No. MC 144730 (Sub-No. ITA), filed ations, Interstate Commerce Commis- over irregular routes, transporting: May 23, 1978. Applicant: VERLE BRU- sion, Room 1616, 2121 Building, Bir- Toilet preparations,soap, and costume mingham, AL 35203. jewelry between all points within the BAKER, P.O. Box 95, South English, State of NH, restricted to transporta- IA 52335. Applicant's representative: No. MC 144836TA, filed May 30, Ron Brubaker (same address as appli- tion service to be performed under a 1978. Applicant: TWIN CITY GRAIN continuing contract, or contracts, with cant). Authority sought to operate as DELIVERY, INC., Goldthwaite Road, a contract carrier, by motor vehicle Avon Products, Inc., of Rye, NY, for P.O. Box 1115, Auburn, ME 04210. Ap: 180 days. Applicant has also filed an over irregular routes, transporting: Ag- plicant's representative: George S. riculturalmachinery, from Keota, IA, underlying ETA seeking up to 90 days Isaacson, 140 Lisbon Street, Lewiston, of operating authority. Supporting to various points in the United States ME 04240. Authority sought to oper- shipper(s): Avon Products, Inc., Rye, (excluding AK and HI), under a con- ate as a contract carrier,by motor ve- NY 10581. (Attn.: James L. Fogarty, tinuing contract, or contracts, with hicle over irregular routes, transport- Transportation Manager). Send pro- Ray-Man, Inc., for 180 days. Applicant ing: Mixed poultry feed and ingredi- has also filed an underlying ETA seek- tests to: Ross J. Seymour, District Su ents, from the feed mill facilities. of pervisor, Bureau of Operations, Inter- ing up to 90 days of operating authori- Agway, Inc., in Manchester, NH, to ty. Supporting shipper(s): Ray-Man, state Commerce Commission, Room 3, points in ME, under a continuing con- 6 Loudon Road, Concord, NH 03301, Inc. 515 East Broadway, Keota, IA tract, or contracts, with Agway, Inc., 52248. Send protests to: Herbert W. for 180 days. Applicant has also filed No. MC 144846TA, filed June 1, Allen, District Supervisor, Bureau- of an underlying ETA seeking up to 90 1978. Applicant: TRANSTATES, INC., Operations, Interstate Commerce days of operating authority. Support- 3216 East Westminister, Santa Ana, Commission, 518 Federal Building, Des ing shipper(s): Agway, Inc., 62 Acade- CA 92703. Applicant's representative: Moines, IA 50309. my Street, Auburn, ME 04210. Send David P. Christianson, Knapp, Ste- protests to: Donald G. Weiler, District vens, Grossman & Marsh, 707 Wilshire No. MC 144805TA, filed May 25, Supervisor, Interstate Commerce Com- Boulevard, Suite 1800, Los Angeles, 1978. Applicant: M-K- TRUCKING, mission, Bureau of Operations, 76 CA 90017. Authority sought to operate INC., 810 First Street South, Hopkins, Pearl Street, Room 305, Portland, Me as a common carrier, by motor vehicle, MN 55343. Applicant's representative: 04111. over irregular routes, transporting: Samuel Rubenstein, 301 North Fifth Transformers and related electrical Street, Minneapolis, MN 55403. Au- No. MC 144837TA, filed May 31, switching equipment, from Jefferson thority sought to operate as a contract 1978. Applicant: WESTPORT City, MO, to CA, OR, WA, AZ, NV, carrier,by motor vehicle over irregu- TRUCKING, INC., 1205 Northwest UT, MT, ID, ND, and SD, for 180 clays. lar routes, transporting: (1) Kitchen Marshall, Portland, OR 97209. Appli- Supporting shipper(s): Westinghouse and bathroom cabinets, from Fergus 'cant's representative: Steven R. Electric Corp., 290 Leger Road, H1un- Fall, MN, to all points in the United Schell, 12th Floor, 707 Southwest tington, PA 15642. Send protests to: States (except AK and HI), and (2) Washington Street, Portland; OR Irene Carlos,. Transportation Assist- materials, equipment, and supplies 97205. Authority sought to operate as ant, Interstate Commerce Commis- used in the manufacture of kitchen a contract carrier,by motor vehicle, sion, Room 1321, Federal Building, 300 and bathroom cabinets, from all points over irregular routes, transporting; (1) North Los Angeles Street, Los Angeles, in the United States (except AK and Floor, wall, and countertop coverings, CA 90012. HI), to Fergus Falls, MN, under a con- loose or in packages, including compo- By the Commission. tinuing contract, or contracts, with sition tile, cartoned and uncartoned Medallion Kitchens, Inc., Hopkins, plastic laminates, packaged and un- NANCY L. WILSON, MN, for 180 days. Supporting packaged metal moldings, and adhe- Acting Secretary. shipper(s): Medallion Kitchens, Inc., sives, from Portland, OR, to points in EFRI Doe. 78-18485 Filed 7-3-78; 8:45 am]

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29055 sunshine act meetings

This section of the FEDERAL REGISTER contains notices of meetings published under "Government in the Suash ne Act" (Pub. L 94-499), 5 U.S.C. 552 b[e)[3).

CONTENTS PREVIOUSLY ANNOUNCED TIME CONTACT PERSON FOR MORE IN- AND DATE OF THE MEETING: 9 FORMATION: item am., June 30, 1078. Civil Aeronautics Board ...... 1 Kenneth R. Mason, Secretary, 202- Federal Maritime Commission... 2 CHANGES IN THE MEETING: Addi- 523-0161. Federal Reserve System ...... 3 tion of the following items to the open [S-1386-78 Filed 6-30-73; 3:41 pm] International Trade session: Commission ...... 4, 5 2. Application for extension of Agreement [7020-02] Overseas Private Investment No. 10140 between the Gulf/United King- Corporation ...... 6 dora and Seatrain International SA and United States Lines. 3. Tariff strike provisions of Conferences [USITC SE-78-321 [6320-01] serving Pacific Coast Ports. UNITED STATES INTERNATIONAL [S-1382-78 Filed 6-30-78 11:13 am] TRADE COMMISSION. CIVIL AERONAUTICS BOARD. TIME AND DATE: 10 am., Thursday, [6210-01] Notice of addition of item to the July 13, 1978. June 29, 1978, agenda; M-144, Amdt. 4, 3 PLACE: Room 117, 701 E Street NW., June 6, 1978. Washington, BOARD OF GOVERNORS OF THE D.C. 20436. TIME AND DATE: 2 p.m., June 29, FEDERAL RESERVE SYSTEM. STATUS: Open to the public. 1978. TIME AND DATE: 11 am., Friday, MATTERS TO BE CONSIDERED: PLACE: Room 1027, 1825 Connecticut July 7, 1978. 1. Welded stainless steel pipe and tube Avenue NW., Washington, D.C. 20428. PLACE: 20th Street and Constitution (Inv. AA1921-180)--brleflng and vote. SUBJECT. la. Docket 32921, Applica- Avenue NW., Washington, D.C. 20551. 2. Agenda. tion of Airlift International, Inc., Mc- 3. M nutes. STATUS: Closed.. 4. Ratifications. Donnell Douglas Finance Corp., First 5. Petitions and complaints (if necessary): Greyhound Leasing Co. for a disclaim- MATTERS TO BE CONSIDERED: a. Fabricated steel (Docket No. 521), er of jurisdiction (BPDA). 1. Federal Reserve Bank and Branch b. Portland cement from Canada (Docket No. 522), and STATUS: Open. director appointments. c. Certain fish from Canada (Docket No. PERSON TO CONTACT,. 2. Any agenda Items carried forward 523). from a previously announced mcetlng. G.Consideration of P.O. 12044 (Improvin-g Phyllis T. Kaylor, the Secretary, Government Regulations). 202-673-5068. CONTACT PERSON FOR MORE IN- FORMATION: 7. Any items left over from previous SUPPLEMENTARY INFORMATION: agenda. This application was received by the Mr. Joseph R. Coyne, Assistant to CONTACT PERSON FOR MORE IN- Dockets Section at 10:50 am., June 28, the Board, 202-452-3204. FORMATION: with Board action requested on or Dated: June 29, 1978. Kenneth R. Mason, Secretary, 202- before June 30. The applicants seek a 523-0161. Board action by June 30, 1978, to Gitiu L. GAnwo0D, avoid the loss of $12.6 million in tax Deputy Secretaryof the Board. -13337-78Filed 6-30-78; 3:41 pm] credits. The draft order was completed by the staff at I p.m., June 29. Accord- [S-1384-78 Filed 6-30-78: 3:41 pam] [3210-01] ingly, the following Members have 6 voted that agency business requires the addition of this item to today's [7020-021 OVERSEAS PRIVATE INVEST- MENT CORPORATION (Meeting of agenda as item la and that no earlier 4 announcement was possible: the Board of Directors). Chairman, Alfred E. Kahn [USITC SE-78-33] TIME AND DATE: Meeting of the Vice Chairman, G. Joseph Minetti OPIC Board of Directors, Tuesday, Member, Lee R. West July 11, 1978 at 9 a.m. (closed portion); UNITED STATES INTERNATIONAL 10:30 am. (open portion). Member, Richard J. O'Melia TRADE COMMISSION. I [S-1385-78 Filed 6-30-78; 3:41 pm PLACE: Offices of the Corporation, TIME AND DATE: 2 p.m., Wednesday, Seventh Floor Board Roonr, 1129 20th 5, 1978. [6730-01] July Street NW., Washington, D.C. PLACE: Room 117, 701 E Street NW., STATUS: The first part of the meet- 2 Washington, D.C. 2043G. ing from 9 am. to 10:30 am. will be FEDERAL MARITIME COMMIS- closed to the public. The open portion SION. STATUS: Open to the public. of the meeting will start at 10:30 am. "FEDERAL REGISTER" CITATION MATTERS TO BE CONSIDERED: 1. MATTERS TO BE CONSIDERED: OF PREVIOUS ANNOUNCEMENT: Status of the grievance of Mr. Shew- Closed to the public, 9 am. to 10:30 43 FR 27641, June 26, 1978. maker. a.m.

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29056 SUNSHINE ACT MEETINGS

1. Personnel matters. 2. Revised agreement with Andean Pact Countries. 3. Insurance project in Caribbean. 4. Insurance project in Middle East. 5. Human rights: Review of projects in three countries. -6. Claims report. 7. Information reports. FURTHER MATTERS TO BE CON- SIDERED: Open to the public, 10:30 a.m. 1. Approval of the minutes of the previous meeting. 2. Confirmation of CY-1978 Board meetings. 3. Testimonials. - 4. Status of construction insurance. 5. Preferences for small investors/cooperatives. 6. Regulations for suspension related to Foreign Corrupt Payments Act. , 7. Criteria for investment projects. 8. Investor mission program. 9. Multilateral investment incentives. CONTACT PERSON FOR INFOR- MATION: Information with regard to this meeting may be obtained from the, Secretary of the Corporation at 202- 632-1839. ELizABEri A. BURTON, CorporateSecretary. JUNE 30, 1978, [S-1383-78 Filed6-30-78; 11:13 am]

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 lN l WEDNESDAY, JULY 5, 1978 A PART I!

m m m J Nm

DEPARTMENT OF N m THE INTERIOR Bureau of Land Management

RANGE MANAGEMENT AND TECHNICAL SERVICES Grazing Administration and Trespass Regulations 29058 RULES AND REGULATIONS [4310-84] had analyzed the proposed grazing land or resource use Is given prefer- regulations and submitted good -ence. In the planning process, each use Title 43-Public Lands: Interior thoughtful comments and suggestions. is given equal consideration with all These letters7 have been reviewed and other uses in light of social, economic, CHAPTER Il-BUREAU OF LAND analyzed. The following summarizes environmental, and other pertinent In- MANAGEMENT, DEPARTMENT OF the comments and suggestions re- formation, and public comment and THE INTERIOR ceived and the action taken on them. suggestions. During the planning process, areas may be Identified as particu- [Circular No. 2433] OBJECTIVES larly valuable for livestock grazing, As suggested in a number of com- mining, timber production, wildlife, RANGE MANAGEMENT AND ments, the objectives of these regula- recreation, wild horses or burros, etc. TECHNICAL SERVICES tions, under § 4100.0-2, are to "admin- Decisions are made during planning as ister" livestock grazing on the public to the land or resource use or uses for Grazing Administration and Trespass lands in a manner that will "protect" which an area will be managed and the land and its resources, etc., and the vegetative and other resources will AGENCY: Bureau of Land Manage- not to "manage" livestock grazing on be allocated as appropriate. ment, Interior. the public lands and to "preserve" the These grazing regulations apply to ACTION: Final rulemaking. land and its resources, etc. We have the administration of livestock grazing changed the language of the objec- on the public lands after It has been SUMMARY: Rulemaking updates live- tives section so as to accurately reflect determined through the planning stock grazing regulations for public the objectives of the rulemaking. process what areas and how much lands and adds provisions required by forage are available for livestock graz- the Federal Land Policy and Manage- DEFINITIONS ing. Actions under these regulations ment Act of 1976. Changing and in- must be consistent with the multiple creasing land use demands and pas- In response to several comments, and recommendations that certain use, sustained yield, environmental, sage of the new act necessitate new ru- terms be clarified, definitions were economic, and other objectives Includ- lemaking. This rulemaking changes added to § 4100.0-5 for the terms "ined in the land use plans. Vegetative al- the grazing regulations to allow for digenous animal," "land use plan," locations are not made under these management flexibility to achieve "service area," and "supplemental regulations, and even if they were, It multiple use, sustained yield, environ- feed." A large number of commenters would not be appropriate to include a mental, economic, and other objec- requested that the regulations specify specific priority or preference applica- tives. in the definition section who the "au- ble to all public lands. DATE: Effective August 4, 1978. thorized officer" is. We feel the defini- Serious concern was expressed in tion adequately describes who the au- several of the comments about how ADDRESS: Director (330), Bureau of thorized officer is. As further clarifica- these grazing regulations will affect Land Management, 1800 C Street NW, tion, only the Director, State Director, the livestock operators now authorized Washington, D.C. 20240. District Manager or Area Manager to graze on the public lands adminis- FOR FURTHER INFORMATION, have been "authorized" by the Secre- tered by the Bureau of Land Manage- CONTACT: tary to act pursuant to these regula- ment. Livestock operators with a graz- tions. Any further delegation will be ing license, permit, or lease will be rec- Maxwell T. Lieurance, Division of made public before it is instituted by ognized as having a preference for Range (330), Bureau of Land Man- the Department. continued grazing ise on these lands. agement, 1800 C Strept NW., Wash- There adjudicated grazing use, their ington, D.C. 20240, 202-343-6011. - MANDATORY QUALIFICATIONS base properties, and their areas of use SUPPLEMENTARY INFORMATION: As suggested, a change has been (allotments) will be recognized under The principal author of this final rule- made in the provision under § 4110.1 these grazing regulations. making is Allan W. Strobel of the which states that a corporation is DECRmSES IN FORAGE Bureau of Land Management, Wash- qualified for grazing use on the public ington Office, Division of Range Man- lands if it is authorized to conduct The proposed regulations provided agement, assisted by staff of the Divi- business in the State in which the for cancellation of grazing permits or sion of Legislation and Regulatory grazing use is sought and if the con- grazing leases and grazing preferences Management and Gail L. Achterman trolling interest is vested in citizens re-of in whole or in part under § 4110.3-2 and Carolyn P. Osolinik of the Solici- the United States. The citizenship when the authorized grazing use ex- tor's Office, Department of the Interi- quirement for the controlling interest ceeds the amount of forage ftvailable or. has been deleted. This section now for livestock grazing within an allot- Proposed rulemaking was first pub- provides that a corporation is qualified ment. It was suggested that this lished in the FEDERAL REGISTER July for grazing use on the public lands if it should not apply when the amount of 28, 1976. On October 21, 1976, the Fed- is authorized to conduct business in forage available is reduced on a tempo- eral Land Policy and Management'Act the State in which the grazing use is rary basis in the case of drought, fire, was signed into law. The act required sought. or other short term situation. In re- substantive changes in the initial pro- sponse to these suggestions, the regu- posed rulemaking. On July 8, 1977, GRAZING PREFERENCE ALLOCATION lations have been changed to provide proposed rulemaking was again pub- It was suggested in a number of com- for suspension of grazing permits or lished to include changes required by ments that the rulemaking should es- leases, instead of cancellation, when the Federal Land Policy and Manage- tablish an equitable system for allocat- the authorized grazing use exceeds the ment Act. It also reflected comments ing forage among competing uses such amount of forage available for live- on the first proposed rulemaking. The as livestock and wildlife, under stock grazing within an allotment on a proposed rulemakihg, as amended, ap- § 4110.2-2. Some commenters suggest- temporary basis. peared on pages 35334-35344 of the ed that livestock should be given pref- CoNFLIcTING APPLICATIONS FEDERAL REGISTER of July 8, 1977. erence while others suggested that Comments were invited for 60 days wildlife and other nonlivestock re- Some comments suggested that it is ending September 6, 1977. Approxi- sources should be given preference. illegal to consider whether or not an mately 225 letters were received from Under the Bureau of Land Manage- applicant will allow public ingress and individuals and groups many of whom ment't planning system, no particular egress across his privately owned or

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 29059

controlled lands for public access to clude State and private lands only lands will be devoted to another public public lands in allocating livestock with the owner's consent. The Federal purpose which precludes livestock grazing use among conflicting appli- Land Policy and Management Act of grazing or when the Bureau of Land cants. This provision is only one of a 1976 provides that allotment manage- Management disposes of public lands. number of factors listed under § 4110.5 ment plans shall not refer to livestock A specific exception is made for emer- that may be used in determining allo- operations or range improvements on gencies in these cases too. cation of grazing use among conflict- non-Federal lands except where the ing applicants. This provision has been non-Federal lands are Intermingled RANGE IMPROVEMENTS used historically in administering graz- with Federal lands or with the consent It was suggested that all range bet- ing lands leased under section 15 of of the permittees or lessees where the the Taylor Grazing Act. This provision terment funds should go back to the non-Federal lands are associated with district or resource area from which has been retained in this final rule- the Federal lands in making. the plan. Section the grazing fees were collected. Other 4120.2-3 of the regulations implements suggestions were that the funds KIND/CLASS OF LrVESTOCx this provision of the Act adding only should be used only for materials and that these non-Federal lands must be Some comments suggested that the labor related to range improvements unfenced as well as intermingled and that these Improvements should authorized officer should not specify before they will be Included In allot- the kind or class of livestock in grazing be for the benefit of livestock grazing ment management plans. It is not the and not for wildlife or other resources. permits or leases. Section 4120.2-1 has intent of the Bureau of Land Manage- been changed to provide that the au- ment to take over the management of Section 4120.6 of the regulations, in thorized officer shall specify-the kind private and State owned lands. Howev- keeping with the provisions of the of livestock. Under a new § 4120.2-2, he Federal Land Policy and Management may specify the class er, it is impossible to avoid considering of livestock. The some of these lands because Act, provides that one-half of the authorized officer must have the au- of the range betterment fund shall be avala- thority to specify kind of livestock be- particular management actions that may be required on unfenced inter- ble for range improvements in the dis- cause certain public lands are better trict from which the grazing fees were suited for grazing by one kind of live- mingled public lands. In some cases this problem can be alleviated by fenc- collected. The other one-half shall be stock than another since different available for range improvements at kinds of livestock use different kinds ing private and State lands so that they can be used separately from the the discretion of the Director. In addi- of forage. the authorized officer may tion to materials and labor, range bet- also specify the breed and class of live- public lands. In other cases, however, fencing would be impracticaL Differ- terment funds shall be used for other stock since this is sometimes necessary things related to the installation, for good range management. These ences will develop and in some cases provisions now appear in § 4120.2-2. unpopular decisions may have to be maintenance, or modification of range made because of the requirements of Improvements such as planning, envi- SupPLEENTAL FEEDING various laws relating to the manage- ronmental assessment, design, survey, ment of the public lands. This cannot equipment purchase or rental, and su- A number of comments suggested pervision. These actions are considered that supplemental feeding of livestock be avoided but we hope will be ad- on the public lands should be at the dressed with a reasonable attitude by an integral part of on-the-ground re- discretion of the permittees or lessees all parties involved. The Bureau of habilitation, protection, and improve- and that the authorized officer should Land Management will strive to use ment of the public lands. Range bet- have no control over when or where exchange of use permits wherever pos- terment funds should be used to im- supplements are fed. The Bureau of sible in cases where major differences prove fish and wildlife habitat and wa- Land Management understands the do arise. The utility of exchange of tershed protection as well as forage need for supplemental feeding. It is use permits has been broadened with conditions and livestock production, as not the intent of § 4120.2-2 of the reg- these considerations in mind. Congress recognized in section ulations that the authorized officer 401(b)(1) of the Federal Land Policy direct the permittees or lessees to feed CLOSURE TO LIvEsTocK and Management Act. supplements to their livestock or to Many comments suggested a change dictate what supplements should be CoOR~A~zm AGREEMENS/RA&NGE in the provisions under § 4120.3 of the IMWROVEXXT PERMTS fed. The Bureau of Land Management regulations on closure to livestock. recognizes that under certain emer- Some felt that the 2-year prior notifi- In regard to maintenance of range gency conditions, such as deep snow, cation required by the Federal Land improvements, these regulations do feeding supplements may be neces- not require the permittee or lessee to sary. The Bureau also recognizes that Policy and Management Act in other supplemental situations should apply; others felt get another permit to do maintenance feeding, unless properly work every time maintenance controled, tends to concentrate live- that this section should apply to spe- is stock. This may damage the basic cific emergency situations, and others needed. Maintenance responsibility vegetative-soil resources and must be suggested that closure should occur will be specified in the cooperative prevented. If the feeding of concen- only after approval by the permittee agreements and range improvement trates or harvested feed, such as hay, or lessee. The intent of this section is permits, under §§ 4120.6-1 and 4120.6- becomes maintenance feeding rather to provide for temporary closure for 2, when the improvements are author- than supplemental feeding, it indi- the protection of the soil, vegetative, ized on the public lands. cates that the range is too heavily or other resources on the public lands stocked and that action should be because of drought, fire, or other simi- GRAZNG PErIs AND LzasEs taken to adjust livestock use to the lar reasons. The regulations have been A number of comments were re- livestock grazing capacity. Placement changed to include this reference to ceived suggesting that all grazing per- of supplements also can affect other emergency situations. To be effective, mils and leases be Issued for 10-year resource values such as archeological the authorized officer must be able to terms. Several comments were made sites, critical wildlife areas, etc., and close lands on very short notice. The regarding the kinds of grazing permits must be controlled to reduce these im- 2-year notification requirement does and leases. The proposed regulations pacts. not apply to a temporary closure of published on July 8, 1977, provided for ALLOTMENT MANAGEMENT PLANS public lands because these closures the Issuance of "regular," "manage- can only be ordered In emergencies. ment," and "custodial" grazing per- Several comments suggested that al- The 2-year prior notification re- mits and leases. Although the term lotment management plans should in- quirement applies when the public "custodial" was used nowhere else in

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29060 RULES AND REGULATIONS

the proposed regulations, the general public lands. The issuance of free-use apply to everyone and not just to graz- interpretation was that these custodial grazing permits for livestock under ing permittees and lessees. The words permits and leases would be issued to regulations developed by the Secre- "permittees and lessees" have been de- authorized livestock grazing on custo- tary is mandated by section 5 of the leted from the first sentence In this dial allotments and that these allot- Taylor Grazing Act. We have amended section. ments would be under custodial man- this section to make this clear. Some commenters understood agement. The term "custodial" has § 4140.1(b) to mean that non-use by been interpreted in many ways. In PAYMENTS OF FEES permittees or lessees would jeopardize many instances, the term "custodial Paragraph (a) under §4130.5-1, re- their grazing permits or grazing leases management" has been interpreted to lading to the annual establishment of and grazing preferences. Making "sub- mean that management of the forage grazing fees by the Secretary of the stantial" grazing use as authorized available for livestock grazing on Interior, is reserved. Proposed rule- does not require that the permittee or public lands vin custodial allotments making further amending this section lessee make total active use each year. will be at the discretion of permittees was published in the FEDERAL REGISTER Sections 4130.1 and 4130.2 of the regu- and lessees. on November 23, 1977. Upon publica- lations provide for taking nonuse. The Bureau of Land Management tion of this section as final rulemaking Making substantial grazingt use In- cannot abdicate its management re- at a later date, It will be incorporated cludes making nonuse as authorized. sponsibilities on the public lands. The into these regulations. In the proposed This provision now appears in Bureau is required to specify numbers rulemaking, this paragraph was shown §4140.1(a)(2). Numerous comments of livestock, periods/seasons of use, as paragraph (c); it will be changed to were made suggesting that § 4140.1(c) 'and how it will manage livestock graz- paragraph (a) in the final rulemaking. be deleted. This. section has been ing on all allotments and is required to Many comments indicated there was reworded and retained in the regula- supervise grazing use to assure compli- confusion over § 4130,5-1(b) concern- tions. This provision now appears in ance with the regulations and terms ing the age livestock must reach § 4140.1(a)(3). It provides that supple- and conditions of the grazing permits before fees can be charged for grazing mental feed cannot be placed on the and leases. To prevent any misunder- on the public lands. This section has public lands and other lands under standing or confusion concerning dif- been changed to coincide with the Bureau of Land Management control ferent kinds of grazing permits and Forest Service regulations. The full without authorization. Salt may be leases, the regulations, in § 4130.2, fee shall be charged for all animals 6 placed on the public lands at the dis. have been changed to provide for one months of age or over at the time of cretion of the permittee or lessee; kind of permit or lease that will entering public lands, for all weaned however, under § 4120.2-2(c), the au- simply be called a "grazing" permit or animals regardless of age, and for the thorized officer may direct where salt lease. Terms and conditions, including animals that will become 12 months of is placed on these lands. allotment management' plans, needed age during the authorized period of Some comments suggested the dele- to achieve the management objectives use. No charge will be made for ani- tion of changing of § 4140.1(e), which for the public lands involved, will be mals under 6 months of age at the provides that failure to finance range incorporated into the grazing permits time of entering public lands, that are improvements when so directed by the and leases. In respect to kinds of graz- the natural progeny of animals upon authorized Officer Is a prohibited act. ing permits and leases, the regulations which fees are paid, provided they do This section was changed to provide parallel the Forest Service regulations not become 1 year old during the au- that refusing to install, maintain, which were published as final rules on thorized period of use. No charge will modify, or remove range improve- October 28, 1977. be made for progeny born during the ments when so directed by the author- The provisions relating to terms of authorized period of use. ized officer Is a prohibited act. This permits have been rewritten to reflect provision now appears In more clearly the language and intent SERVICE CHARGE § 4140.1(a)(5). Section 4140.1 has been of section 402(3) of FLPMA. Under the Many comments recommended divided into two paragraphs which regulations as now written, grazing eliminating the service charge for each show that violators of some of the pro- permits or leases will be offered to transfer of grazing preference and for hibited acts may bq subject to civil qualified livestock operators for a each revised or supplemental billing penalties while violators of other pro- term of 10 years. Exceptions will be on notice initiated by the permittees or hibited acts may be subject to crimi- a case-by-case basis and may be made lessees. The service charge will be renal, as well as civil penalties. This divi- only where there is good evidence that tained; however, it has been reduced sion into two classes of prohibited acts the issuance of a 10-year permit or from $25 to $10. The service charge is based on a decision that those acts lease would be detrimental to sound will be the same as the minimum in (a) are not criminal in nature and public land management or where the annual grazing fee of $10 and the should not be subjected to criminal lands involved are pending disposal or minimum charge for each crossing sanctions. will be devoted to another public pur- permit, which is also $10. The estab- pose which precludes livestock grazing lishment of a service-charge is pro- UNAUTHORIZED GRAZING USE/ prior to the end of 10 years. vided for under section 304 of the Fed- SETTLEMENT The terms and conditions of the per- eral -Land Policy and Management Comments regarding settlement for mits and leases will provide that if Act. Section 4130.6 of these regula- unauthorized problems with numbers grazing use under of livestock, tions has been changed to provide that § 4150.3 included suggestions that set- periods of use, or grazing capacity are the service charge will be charged tlement fees should be reduced, that later identified through the planning when changes in grazing use are ap- nonwillful violators should not have to process and environmental assessment proved and billing notices related to make settlement, and that willful vio- that appropriate adjustments in graz- the affected grazing use have to be re- lators should not have their permits or ing use can be made. vised. To avoid the service charge, ap- leases suspended or Canceled. plications for changes in grazing use FREE-USE GRAZING PERMITS This section has been retained with must be filed before billing notices are a slight change which provides that Several comments registered con- issued. for violations to be considered "repeat- cern that the issuance of free-use graz- ACTS PROHIBITED ON PUBLIC LANDS ed" it must also be determined that ing permits under § 4130.3 might result the violations are "willful". The in reductions in established and recog- Several comments indicated that the amounts due In settlement for unau- nized livestock operations on the acts prohibited by § 4140.1 should thorized grazing use provided for

FEDERAL REGISTER, VOL. 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 29061 under this section are considered fair tive Law Judge. Decisions of an Amin- been found to be In violation of the to the general public and not unjustly istrative Law Judge may be appealed conservation laws and regulations by a severe to the violator. The intent of for review to the Interior Board of court of competent jurisdiction. These this provision is to discourage unau- Land Appeals. provisions are necessary because in thorized grazing use. The suspension The administrative remedies includ- some instances violation of these laws of a grazing permit or grazing lease in ed in these regulations are the same and regulations indicates that a per- whole or in part or the cancellation of administrative remedies which are in mittee or lessee has insufficient regard a grazing permit or grazing lease and the current grazing regulations. The for the public lands and their re- grazing preference in whole or in part only difference is that the same reme- sources to warrant continuation of his under § 4170.1 for repeated, willful un- dies now apply to the applicants and preference. Violators who do not have authorized grazing use will also act as permittees under section 3 of the a grazing preference on the public a further deterrent to such use. Taylor Grazing Act as well as to the lands will be penalized under other Common sense and discretion will be applicants and lessees under section 15 laws and regulations, as applicable. employed in the application of the of that act. Previously, the remedies ADVIsoRY BoARDs provisions of these regulations relat- pertaining to section 3 were different ing to unauthorized grazing use. from those pertaining to section 15. A few commenters suggested that Where prompt corrective action is grazing advisory boards should be es- taken by permittees and lessees or in SHOW CAUSE tablished to help resolve conflicts and cases where the unauthorized grazing Because of the necessity to Impose make recommendations to the author- use is of an innocent nature, appropri- timely disciplinary action when a per- ized officer and that the regulations ate action can be taken under these for these advisory boards be included mittee or lessee has willfully or repeat- in the grazing regulations. The Feder- regulations. However, the authority is edly violated provisions of these regu- there, when it is needed, to effectively al Land Policy and Management Act lations, § 4160.5, providing for show provides for establishment of grazing handle cases of unauthorized grazing cause, has been added to these regula- use. advisory boards if they are wanted by tions. When it Is deemed advisable, the the permittees and lessees in an area. authorized officer shall serve a show The boards are authorized to offer UNAUTHORIZED GRAZING USE/ cause notice on the permittee or IMPOUNDMENT advice and make recommendations to lessee, stating the alleged violation the authorized officer concerning the A number of comments suggested and citing the permittee or lessee to development of allotment manage- that inpoundment and sale of unau- appear before an administrative law ment plans and the utilization of thorized livestock under § 4150.5 judge at a designated time and place range betterment funds. The regula- should be under State law. The regula- to show cause why his grazing permit tions for grazing advisory boards will tions provide that the Bureau of Land or grazing lease should not be sus- not be included in these regulations, Management will impound unauthor- pended in whole or in part or why his but are included with other regula- ized livestock grazing on the public grazing permit or grazing lease and tions related to advisory boards in sub- lands when impoundment is necessary. grazing preference should not be can- part 1784. Where a suitable agreement with the celed in whole or in part. State is in effect, the impounded live- WILD HORSES AND BURROS stock-may be turned over to the State FEDERAL OR STATE LAWS OR REGULATIONS Many comments reflected concern for appropriate action. that § 4720.3, 4730.3, and 4730.4 of the Where the State has not entered Some commenters suggested dele- wild horse and burro regulations, pub- into a suitable agreement with the tion of § 4140.1(L), which provides that lished with these regulations on July Bureau Of Land Management, the au- violating any Federal or State laws or 8, 1977, contradicted the purpose and thorized officer shall sell, or otherwise regulations concerning conservation or objectives of the grazing regulations. dispose of, the impounded livestock protection of natural and cultural re- These sections were published word under these regulations. When live- sources or the environment is a pro- for word as formerly approved merely stock are sold by the authorized offi- hibited act under these regulations for the purpose of changing cross ref- cer under these regulations, he fur- and deletion of § 4170.1-2 which pro- erences to conform to the new grazing nishes the purchaser a bill of sale. The vides the penalty for such actions. regulations. While there is specific di- purchaser enjoys all privileges related They contend that these provisions rection in the wild horse and burro to ownership of those livestock. are unfair because they punish the regulations relative to closing areas to permittees and lessees twice, once livestock grazing and allocating all the DECISIONSf/,ROTESTs/APPEAIs under the conservation laws or regula- available forage to wild horses and Comments were made that the per- tions violated and then again under burros, this action depends on land mittees and lessees should have the these regulations. Other commenters use plans that specify areas which right to protest and/or appeal deci- suggested that this section be shall in fact be managed exclusively sions of the authorized officer under strengthened to allow the authorized for wild horses or burros. These deci- specific sections of the regulations. officer to make determinations about sions are not made independently Rather than include the right of pro- violations of other State and Federal under the grazing administration or test and/or appeal in each section statutes And regulations, and to penal- wild horse and burro regulations. The under which a decision may be issued, ize permittees and lessees when he planning process provides for public the right to protest and/or appeal any found there had been violations. It participation during which all interest- decision issued under these regula- would be a great administrative ed parties have the opportunity to burden for BL to enforce directly a make known their views and suggestions is provided in §§ 4160.2 and tions relative to proposals that may 4160.4. Any applicant, permittee, myriad of unfamiliar statutes and reg- lead to these land use decisions. lessee, or any other person whose in- ulations. The regulations attempt to terest is adversely affected by a pro- strike a reasonable balance between CHANGES AND CoRRECcONs posed decision of the authorized offi- the two. After careful consideration, cer may protest the decision to the au- both of these sections have been re- Editorial changes and corrections thorized officer. Any applicant permit- tained; §4140.1(L) has been changed have been made as necessary. tee, lessee, or any other person whose to §4140.1(b)(8) and §4170.1-2 has OTHER CHANGES interest is adversely affected by a final been changed to provide that a penal- decision of the authorized officer may ty may be imposed under these regula- The proposed rulemaking of July 28, appeal the decision to an Administra- tions where a permittee or lessee has 1976, contained two changes in the ex-

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29062 RULES AND REGULATIONS

Isting grazing administration regula- Sec. (f) "Native" means any member of tions that were not republished in the 4220.9 Range improvements. the aboriginal races Inhabiting Alaska, second proposed rulemaking of July 8, of whole or not less than half blood; 1977. These two changes were not re- Subpart 4230-Disposition of Leased Lands published because (g) "District" means any grazing dis- no substantive com- 4230.1 Settlement, location, and acquisi- trict established under the act; ments were received on them as a tion. (h) "Animal unit month" means result of the publication of the first the 4230.2 Mineral prospecting, location, and forage consumed or grazing privileges proposed rulemaking on grazing ad- purchase. ministration and trespass. The first of represented by the grazing of one cow these two changes is a recodification Subpart 4240-Protests, Hearings, and or its equivalent for 1 month. For the of the grazing administration regula- - Appeals purpose of this definition, one cow tions as they pertain to Alaska. This shall be condsidered the equivalent of recodification is necessary to accom- 4240.1 Protests. one horse, or five sheep or five goats. modate 4240.2 Hearings. a change in the coding for the Subpart 4210-Conditions new grazing administration and tres- AuHorryz: Taylor Grazing Act of 1934, as amended (43 U.S.C. 315, 315(a)-315(r)), sec- pass regulations, exclusive of Alaska. § 4210.1 Grazing districts. The second change is the deletion of tion 4 of the act of August 28, 1937 (43 all of the regulations now encom- U.S.C. 1181(d)), and the Federal Land (a) Establishment Pursuant to the Policy and Management Act of 1976 (43 act, grazing districts are hereby estab- passed in group 4200 because they are U.S.C. 1701 et seq.). no longer applicable. lished, the boundaries of which shall Subpart 4200-Grazing Administra- be coextensive with the boundaries of AuTHoarrY tion; Alaska;-Livestock; General the public land districts in Alaska. Under the authority of the Taylor (b) Leases on acreage basis. Grazing Grazing Act of 1934, as amended (43 § 4200.0-2 Objectives. leases will be granted only for such U.S.C. 315, 315(a)-315(r)), section 4 of The beneficial utilization of the areas as may be deemed adequate and the act of August 28, 1937 (43 U.S.C. public lands in Alaska for the purpose usable according to the needs of the 1181(d)), and the Federal Land Policy of livestock grazing shall be conducted lessee. Leases will provide for grazing and Management Act of 1976 (43 in such manner as may be considered on a definite area, and on an acreage U.S.C. 1701 et seq.), groups 4100, 4200, necessary and consistent with the pur- basis, except where peculiar local con- 4300, and 4700, subchapter D and poses of the act but shall be subordin- ditions or the difficulties of adminis- group 9200, subchapter I, chapter II, ated to the development of their min- tration make more practicable a lease title 43 of the Code of Federal Regula- eral resources, to their use for agricul- based on the number of livestock to be tions are amended as set forth below. ture, to the protection, development, grazed. and utilizatiQn of their forests and to Guy R. MARTIN, the protection, development, and utili- § 4210.2 Lands subject to lease. Assistant Secretary zation of such other resources as may of the Interior. be of greater benefit to the public. Vacant, unreserved, 'and unappro- JUNE 28, 1978. priated public lands are subject to 1. Group 4200 is deleted from Sub- § 4200.0-3 Authority. lease. Where these lands are embraced chapter D, Chapter II, Title 43 of the The act of March 4, 1927, as amend- within the natural grazing grounds or Code of Federal Regulations. - ed (43 U.S.C. 316, 316a-316o), autho- routes of migration of animals such as 2. Part 4130 of group 4100 is recodi- rizes the Secretary of the Interior to caribou or moose, or have other Impor- fled as group 4200 and 4300 as-set establish grazing districts upon any tant values for wildlife, the lands may forth below: public lands in Alaska, surveyed or un- be leased, in the discretion of the manager, subject to such special terms and Group surveyed, outside of the Aleutian Is- 4200-Grazing Administration; lands Reservation, outside of national conditions as may be determined. Alaska; Livestock forests and other reservations adminis- Except as to those reservations de- tered by the Secretary of Agriculture scribed in § 4200.0-3 public lands PART 4200-GRAZING ADMINISTRA- and outside of national parks and within the boundaries of a grazing dis- TION; ALASKA; LIVESTOCK monuments, and to lease such lands trict which have been withdrawn for for the grazing of -livestock thereon. any purpose may be leased with the Subpart 4200-Grazing Administration; Alaska; Section 316f provides that a lease may prior consent of the Department or Livestock; General be made for such term as the Secre- agency having administrative jurisidic- tary deems reasonable, but not to Sec. tion thereof and subject to such addi- exceed 55 years, taking into considera- tional terms and conditions as such 4200.0-2 Objectives. tion all 4200.0-3 Authority. factors that are relevant to the Department or agency may Impose. 4200.0-5 Definitions. exercise of the grazing privileges. § 4210.3 Qualifications of applicants. §4200.0-5 Definitions. Subpart 4210-Conditions An applicant for a grazing lease Is As used in this subpart: qualified if 4210.1 Grazing districts. (a) '"Secretary" means the applicant: 4210.2 Land subject to lease. Secretary of (a) Is a citizen of the United States, 4210.3 Qualifications of applicants. the Interior; (b) "Director" means Director, or 4210.4 No right acquired by applicant prior (b) Has on file before a court to lease. Bureau of Land Management; of com- (c) "Authorized officer" or "man- petent jurisdiction a valid declaration Subpart 4220-Procedures ager" means the designated official of of intention to become a citizen, or a the Bureau of Land Management, in valid petition for naturalization, or 4220.1 Applicants. (c) Is a group, association, or corpo- 4220.2 Application for lease. whose district the lands involved are 4220.3 Maximum number of stock. situated, who has been delegated the ration organized under the laws of the 4220.4 Annual rental. authority to issue grazing leases; United States or of any State or Terri- 4220.5 Reduction in excessive leased area. (d) "The act" means the act of tory thereof, authorized to conduct 4220.6 Free grazing permits. March 4, 1927, as amended (43 U.S.C. business in Alaska, and the controlling 4220.7 Leases. 316, 316a-316o); interest in which is vested In persons 4220.8 Stock driveways; crossing permits; (e) "Person" means individual, part- who would be qualified under either quarantine regulations. nership, corporation, or association; paragraph (a) or (b) of this section.

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§ 4210.4 No right acquired by applicant tion of the range and its accessibility the number of livestock to be grazed prior to lease. for summer and winter feeding. The by the lessee, the manager may, after The filing of an application will not manager may adJust the maximum 30 days' notice to the lessee, reduce segregate the land applied for from number from time to time as the con- the lease area to the extent necessary, application by other persons for a dition of the range may warrant. and the annual rental, if on an acreage basis, shall be reduced proportionate- grazing lease, or from other disposi- §4220.4 Annual rental. tion under the public land laws. As the ly, effective at the beginning of the issuance of a lease is discretionary, the (a) Amount Unless otherwise pro- next lease year. vided, each lessee shall pay to the filing of an application for a lease will § 4220.6 Free grazing permits. not in any way crdate any right in the Bureau of Land Management such applicant to a lease, or to the use of rental per acre, per head, or per Any person may file application in the lands applied for pending the issu- animal unit month, as may be deter- duplicate on a form approved by the ance of a lease. Any such unauthor- mined to be a fair charge for grazing Director, for a permit to graze, free of ized use constitutes a trespass.' of livestock on the leased land. The charge, not to exceed the number of rental under any grazing lease may be livestock whose products are con- Subpart 4220-Procedures adjusted every 3 years. The date for sumed or whose work is directly and making the annual payment will be exclusively used by the applicant or §4220.1 Applicants. specified in the lease. If the rental is his family, for a term of not more -(a) Clas.ses of applicants and prefer- to be paid according to the number of than 1 year. ence. Applicants for grazing leases animals grazed, no charge will be shall be given preference in the follow- made for the natural increase of graz- §4220.7 Le se. ing animals until the beginning of the ig order. following lease year. (a) Issuance of lease If the applica- (1) Natives. (b) Adjustment or waiver. The man- tion Is complete and It is determined (2) Bona fide settlers. ager, if he determines such action to that a lease should be issued, the man- (3) Other qualified applicants. be in the public interest by reason of: ager will prepare a proposed lease, (b) Assertion of preference rights. (1) depletion or destruction of the with necessary copies, on a form ap- Any person claiming a preference range by any cause beyond the control proved by the Director, for execution right to a lease under paragraph (a) of of the lessee, or (2) calamity or disease by the applicant. The forms, signed by this section must furnish with the ap- causing wholesale destruction of or the applicant, must be forwarded plication required under §4220.2(a) a injury to livestock, may grant an ex- promptly to the manager, together statement setting forth the facts on, tension of time for making payment, with any required rental payment. which such claim is made. or reduce or waive the grazing fee The lease will be dated as of January 1 under a lease so affected. An applica- of the year in which it is issued, and § 4220.2 Application for lease. tion for the desired relief should be the required rental for the first year (a) Form used. An application for filed with the manager and should will be adjusted on a pro rata monthly grazing lease must be executed in du- state all pertinent details and Itemize basis to cover that protion of the year plicate on a form approved by the Di- the losses sustained. subsequent to the lease issuance. rector, and filed with the manager. (c) .Payment The first rental pay- (b) Report of grazing operations. (b) Schedule of operations. The ap- ment required and the return of the Before April 1 of the second lease year plication must be accompanied by a proposed lease duly executed by the and each lease year thereafter, the schedule of the applicant's proposed prospective lessee shall be made lessee shall file with the manager a annual program to develop and in- within 30 days of receipt of the lease report, in duplicate, on a form ap- crease the number of livestock which form by the prospective lessee; if the proved by the Director, of his grazing will be grazed on the land, and show- rental is not paid or the lease is not re- operations during the preceding year. ing the applicant's need for all the turned within the prescribed time, the (c) Assignment& No part of the land applied for, to provide forage for offer shall be null and void and of no leased land may be subleased. Any the maximum number of livestock effect, and all rights of the prospective proposed assignment of a lease, in which the applicant intends to graze lessee thereunder or under the appli- whole or in part, must be filed in du- thereon. cation upon which it is based shall be plicate with the authorized officer (c) Financialresponsibility. The ap- considered as terminated. Subsequent within 90 days of its execution. Assign- plicant, upon request by the manager, rental payments for succeeding lease ments wil be executed on a form ap- must also furnish evidence of his fi- periods are payable in advance. In the proved by the Director and must be nancial responsibility consisting of a event such payment is not received in accompanied by the application on a showing that he has the financial the proper office by the last day of form approved by the Director, ex- means or has made arrangements with the current lease period or within the emuted in duplicate, together with the an established financial institution to time prescribed In the billing notice same showing by the assignee as to necessary to com- whichever is the later, the case shall provide the capital canceled and all rights qualifications and stock development mence and maintain his proposed be considered schedule as would be required of appli- schedule of operations. terminated thereunder as of the end of such current lease period; except cants for a new lease, including financial responsibility when specifically re- §4220.3 Maximum number of stock. the lease shall not terminate if the lessee submits payment to the proper quested by the manager. The assign- The lease will indicate the maximum office within a grace period of 60 days ee's acceptance of the lease offered number of stock which may be grazed following the last day of the current pursuant to the grazing lease assign- on the leased area, based on the condi- lease period together with a showing ment shall constitute his acceptance satisfactory to the authorized office of the lease terms. No assignment will 'It is unlawful for any person to graze any that the delay in rental pa ment was be recognized nor will it confer on the class of livestock on thepublic lands in graz- for unavoidable reasons and that ter- assignee any rights to the leased area ing districts in Alaska, except under author- mination of the lease would cause until a lease therefor Is issued to him. ity of a lease or permit granted under the undue hardship to the lessee. (d) Renewal& An application for re- act. Any person who wilfully grazes live- newal of a grazing lease should be ex- stock in such areas without such authority §4220.5 Reduction In excessive leased ecuted and filed in duI51icate on a form shall, upon conviction, be punished by a fine arca. approved by the Director not less than of not more than $500. (Sec. 12, act of March 4, 1927; 43 U.S.C. 316k, and notice Whenever, in the opinon of the man- 4 months but not more than 8 months approved March 7, 1929.) ager, the leased land Is excessive for before the expiration date of the lease

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29064 RULES AND REGULATIONS

term. The renewal lease, if issued, will ing lands under grazing lease, may be agreements, to be effective, must be contain, *suchterms and conditions as issued free of charge, upon the filing approved by the manager, The failure the manager may determine. of an application on a forin approved of the subsequent permittee, lessee, or (e) Rights reserved. Grazing leases -by the Director, in duplicate, with the entryman to pay the former lessee In under this part shall be subordinated authorized officer at least 30 days accordance with such agreem6nt will to and shall be subject to modification prior to the date the crossing is to be just cause for the cancellation of or reduction by the manager to the begin. the permit, lease, or entry. extent necessary to permit: (c) Quarantine regulations. Persons (3) In the absence of a notice by the (1) The protection, development, driving or transporting stock across lessee in accordance with subpara- and utilization, under applicable laws any public lands must comply with the graph (2) of this paragraph the lessee and regulations, of the mineral, quarantine and other sanitary laws shall, within 90 days from the dlate of timber, water, and other resources on prescribed by the Territorial or other expiration or termination of the lease, or in the leased lands, including their proper authorities. and if all charges due thereunder have use for agriculture. been paid, remove all personal proper- (2) The allowance of applications for § 4220.9 Range improvements. ty belonging to him, together with any and the acquisition of homesites, ease- fence, building, corral, or other remov- (a) Permits for construction and able range improvements owned by ments, permits, leases, or other rights maintenance. Application for a permit and uses, pursuant to applicable public him. All such property which Is not re-. to construct and maintain range im- moved within the time allowed shall land laws, where the same are in the provements should be filed with the public interest or will not unduly in- thereupon become the property of the authorized officer in duplicate on a 'United States. terfere with the use of the area for form approved by the Director. The grazing purposes. lessee, upon obtaining an executed Subpart 4230-Disposition of Leased (3) The temporary closing of por- permit from the authorized officer, Lands tions of the leased area to grazing may construct, maintain, and utilize whenever, because of improper han- authorized fences, buildings, corrals, § 4230.1 Settlement, location, and acquisi- dling of the stock, overgrazing, fire or reservoirs, wells, or other improve- tion. other cause, such action is deemed ments needed for the exercise of the Lands leased under the act are not necessary to restore the range to its grazing privileges under the lease. The normal condition. subject to settlement, location, and ac- lessee will be required to comply with quisition under the nonmineral public (f) Restrictions.No lessee may so en- the laws of the State of Alaska with close roads, trails, or other land laws applicable to Alaska unless highways respect to the construction and main- and until the authorized officer of the as to disturb public travel thereon, nor tenance of fences, but any such fence interfere Bureau of Land Management deter- with existing communication shall be constructed to permit the in- mines that the grazing lease should be lines or other improvements on the gress and egress of minerals, prospec- canceled or reduced In order to permit, leased area; he shall not prevent legal tors for miners, and other persons en- in the public interest and without hunting, fishing, or trapping on the titled to enter such area for lawful undue interference with the grazing land, or the ingress of miners, mineral purposes. The lessee, upon written ap- operations, the appropriate develop- prospectors, and other persons enti- proval by the authorized officer, may ment and utilization of the lands (see tled to enter the area for lawful pur- improve by seeding or reseeding § 4220.7(e)) and that the lands are suit- poses. within the lease area and may harvest able for and otherwise subject to the (g) Termination.A-lease may be sur- hay or ensilage from such seeded or intended settlement, location, entry, rendered by the lessee upon prior writ- reseeded areas provided that the or acquisition. An application on the ten notice filed with the manager, ef- forage so produced is used primarily as appropriate form or a notice on a form fective upon the date indicated in such feed for the lessee's livestock. The au- approved by the Director if applicable notice but no less than 30 days from thorized officer may approve the as- to the class of entry contemplated, will the date of filing, provided the lessee signment of range improvements upon be accepted and treated as a petition has complied with the terms and con- receipt of an application for such as- for determination. Upon such determi- ditions of the lease and has paid all signment on a form approved by the nation and after not less than 30 days' charges due thereunder. Director. notice thereof to the lessee, the graz- (h) Cancellation. A lease may be (b) Removal of improvements and ing lease may be canceled or reduced canceled by the manager if the lease personal property. (1) Improvements, to permit the settlement, location, was issued improperly through error fixtures, or personal property (other entry or other acquisition of the lands with respect to a material fact or facts, than livestock) may not be removed so eliminated from the lease, and the or if the lessee shall fail to comply from the petitioner will be accorded a prefer- lands unless all moneys due ence right with any of the provisions of the lease the United States under the lease have to settle upon or enter the or of this part. No lease will be can- lands in accordance with the determi- been paid. nation. celed for default in complying with (2) If all moneys due have been paid the provisions of the lease or of this and the lessee, on or before the termi- part until the lessee § 4230.2 Mineral prospecting, location, has been notified nation of his lease in whole or in part and purchase. in writing of the nature of the default for any reason, notifies the manager and has been afforded an opportunity of his Unless otherwise withdrawn there. determination to leave on the from, lands leased to show why the lease should not be land involved in such termination im- under the act are canceled. subject to disposition under the miner- provements, the construction or main- al leasing tehance of which laws and to mineral pro- §4220.8 Stock driveways; crossing per- has been authorized, specting, location, and purchase under mits; quarantine regulations. no other person shall use or occupy, the mining laws, In accordance with under any permit, lease, or entry (a) Stock driveways. the applicable regUlations of group The manager under any public land law, the land on 3800 of this chapter, may establish stock driveways for the which such improvements are located, regular crossing of livestock across until there has been paid to the Subpart 4240-Protests, Hearings, public lands, in such form and manner person entitled thereto the value of and Appeals as he may determine. such improvements. If the inteiested (b) Crossing permits. A permit for parties are unable- to reach an agree- §4240.1 Protests. the crossing of livestock on a stock ment as to such value, the amount Protests against an application for a driveway or other public lands, includ- may be fixed by the manager. All such lease should be filed in duplicate, with

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 29065 the manager, contain a complete dis- tion 4 of the act of August 28. 1937 (43 the laws of the United States or the closure of all facts upon which the U.S.C. 1181(d)). and the Federal Land State of Alaska, or if the applicant is a Policy and Management Act of 1976 (43 native corporation under the provi- protest is based, and describe the lands et seq.). involved in such protest and should be U.S.C. 1701 sions of the Alaska Native Claims Set- accompanied by evidence of service of tlement Act. a copy of the protest upon the appli- Subpart 4300-Grazing Administra- cant. If the protestant desires to lease tion; Alaska; Reindeer; General §4310.3 No rights acquired by applicant all or part of the land embraced in the prior to issuance of grazing permit. application against which the protest § 4300.0-3 Authority. The filing of an application will not is filed, the protest should be accom- Section 12 of the act of September 1. segregate the land applied for from panied by an application for a grazing 1937 (50 Stat. 902), authorizes the Sec- application by other persons for a lease. retary of the Interior to promulgate grazing permit, or from other disposition under the public land laws. As the § 4240.2 Hearings. such rules and regulations as, in his judgment, are necessary to carry into Issuance of a grazing permit is discre- Any lessee of or applicant for graz- effect the provisions of this act. tionary, the filing of an application ing privileges may procure a review of uill not create a right for such a any action or decision of the author- § 4300.0-5 Definitions. permit, or to the use of the lands ap- officer by filing with such officer ized (a)"Reindeer" includes reindeer and plied for pending the issuance of a an application for a hearing, stating grazing permit. the nature of the action or decision such caribou as have been introduced complained of and the grounds of into animal husbandry or have actual- §4310.A Rights reserved: public land laws complaint. The filing of any such ap- ly joined reindeer herds and the inapplicable. plication and the conduct of the pro- crease thereof. (b)"Natives" include the native In- (a) Grazing permits under this part ceedings before an administrative law uses judge shall be governed by § 4.450 of dians, Eskimos, and Aleuts of whole or shall be subordinated to higher this title. part blood inhabiting Alaska at the and subject to modification or reduc- time of the Treaty of Cession of tion by the authorized officer to the their extent necessary to allow: Administration; Alaska to the United States and Group 4300-Grazing descendants of whole or part blood, to- (1) The protection, development and Alaska; Reindeer gether with the Indians and Eskimos utilization, under applicable laws and who, since the year 1867 and prior to rcgulations, of the mineral, timber, PART 4300-GRAZING ADMINISTRA- September 1, 1937, have migrated into water, and other resources on or in the TION; ALASKA; REINDEER Alaska from the Dominion of Canada, lands included in the grazing permit, and their descendants of whole or part including their use for agriculture. (2) The allowance of applications for Subpart 4300-Grazing Administra- blood. (c)"Bureau!' means Bureau of Land and the acquisition of homesites, ease- tion; Alaska; Reindeer; General Management. ments, permits, leases, or other rights (d) "Director" means Director, and uses pursuant to applicable public See. land laws. 4300.0-3 Authority.- Bureau of Land Management. 4300.0-5 Definitions. (e)"Authorized Officer" means the (3) The temporary closing of por- Bureau official who has been author- tions of the permitted area to grazing Subpart 4310-Conditions ized to issue a reindeer grazing permit. whenever, because of improper han- (f) "The act" means the act of Sep- dling of the reindeer, overgrazing, fire, 4310.1 Lands subject to grazing permit. tember 1, 1937 (50 StaL 902). or other cause, such action is deemed 4310.2 Qualifications of applicants. necessary to restore the r9bge to its 4310.3 No right acquired by applicant prior Subpart 4310-Conditions to issuance of grazing permit. normal condition. (b) No permittee may so enclose 4310.4 Rights reserved; public land laws § 4310.1 Lands subject to grazing permit. applicable. roads, trails, or highways as to disturb 4310.5 Location, settlement, entry, and Vacant and unreserved and unappro- public travel thereon, nor interfere other disposition of lands included in priated public lands are subject to in- with existing communication lines or grazing permit; notice to permittee of clusion in a reindeer grazing permit. other improvements on the permitted disposition and reduction of permitted Where these lands are within the nat- area; he shall not prevent legal hunt- area. ural migration routes of caribou, or ing, fishing or trapping on the land, or Subpart 4320-Procedures when they have other important wild- ingress of miners, mineral prospectors, life values, the lands may be included and other persons entitled to enter the 4320.1 Application for grazing permit. in a permit, at the discretion of the area for lawful purposes. 4320.2 Filing fee; grazing fee. authorized officer after consultation (c) Persons using public lands for 4320.3 Term of grazingpermit renewals. with the Alaska Department of Fish grazing of reindeer or for driving of 4320.4 Area of use and maximun number and Game, subject to such special reindeer across such lands must of reindeer. as applicable State and Fed- 4320.5 Adjustment of grazing permit area. terms and conditions may be jointly comply with 4320.6 Report of grazing operations; as- agreed upon. Public lands which have eral laws relative to livestock quaran- signments allowed. been withdrawn for any purpose may tine and sanitation. 4320.7 Termination of grazing permit; can- also be included in a grazing permit cellation. with the prior consent of the Depart- § 4310.5 Location, settlement, entry, and 4320.8 Crossing permits. ment or agency having administrative other disposition of lands included in 4320.9 Permits for construction and main- jurisdiction thereof, and subject to grazing permit; notice to permittee of tenance of improvements; removal. such additional terms and conditions disposition and reduction of permitted Subpart 4330-Protests as such Department or agency may area. impose. (a) Lands included in grazing per- 4330.1 Protests. mits under the act are subject to set- § 4310.2 Qualifications of applicants. tlement, location, and acquisition Subpart 4340-Trespass An applicant Is qualified If he is a under the non-mineral public land 4340.1 Trespass. native or group, association or corpo- - la s applicable to the State of Alaska. location, or AuTorr. Taylor Grazing Act of 1934. as ration of natives as defined by the act (b) Upon settlement amended (43 U.S.C. 315, 315(a)-315(r)), see- of September 1, 1937, organized under entry of any lands included within a

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29066 RULES AND REGULATIONS

reindeer grazing permit, the permittee before the expiration date of the dicated in such notice, but not less shall be notified of the settlement, lo- permit. The authorized officer may at than 30 days from the date of filing. cation, or entry, and the permitted his discretion offer the permittee a re- (b) A grazing permit may be can- area shall be reduced by the area in- newed grazing permit containing such celed by the authorized officer if the volved in the settlement, location, or terms, conditions, and of such dura- permit was Issued improperly through entry. tion as he determines to be in the error with respect to a material fact or (c) Unless otherwise withdrawn public interest. facts, or if the permittee shall fail to therefrom lands included in grazing comply with any of the provisions of permits under the act are subject to § 4320.4 Area of use and "maximum the permit or of this part. No permit disposition under the mineral leasing number of reindeer. shall be canceled for default in com- laws and to mineral prospecting, loca- (a) Permits will restrict grazing use plying with the provisions of the tion, and purchase under the mining to a definitely described area. Grazing permit or of this part until the permit- laws, in accordance with the applica- permits will be granted only for such tee has been notified In writing of the ble regulations of Group 3800 of this areas as may be deemed adequate-and nature of the default and has been af- chapter. usable according to the needs of the forded an opportunity of not less than Subpart 4320-Procedures permittee. 30 days to show why the permit (b) The grazing permit will indicate should not be canceled. § 4320.1 Application for grazing permit. the maximum number of reindeer which may be grazed on the permitted § 4320.8 Crossing permits. (a) Form used. An application for a area, based on range conditions, and grazing permit must be executed in A permit for the crossing of reindeer will be subject to adjustment as the over public lands, including lands duplicate on a form approved by the condition of the range indicates. Director and filed in the Bureau office under grazing permit, may be issued which has jurisdiction over lands ap- free of charge, upon application filed § 4320.5 'Adjustment of grazing permit with the authorized officer at least 30 plied for. area. (b) Bureau of Indian Affairs certifi- days prior to the date the crossing is cation. A certification of reindeer al- The permitted area may be reduced to begin. The application must show lotment at any time, after not less than 30 the number of reindeer to be driven, to the applicant, signed by days notice the authorized Bureau *of Indian Af- to the permittee, when in date of starting, approximate period of fairs officer, must accompany the ap- the opinion of the authorized officer time required, and the land to be tra- plication if the applicant the area is excessive for the number of versed. is to receive a reindeer grazed thereon. The permit herd from the Government. § 4320.9 Permits for construction and (c) Source of reindeer may be increased by the authorized of- other than ficer on his own motion or upon re- maintenance of Improvements; remov- Government If reindeer are to be ob- al. tained from quest of the permittee, when in the a source other than the opinion of the Government, the applicant should authorized officer the (a) Application for a permit to con- area is insufficient for the number of struct and maintain range improve- state the source and show evidence of reindeer grazed thereon. The permit- his purchase or option to purchase. ments should be filed, in duplicate, tee shall have opportunity within such with the authorized officer on an ap- (d) Listing of improvements. With notice period to show cause why the the initial application for any grazing proved form. The grazing permittee, area included in the grazing permit upon obtaining a permit from the au- permit issued under this part, the ap- should not be adjusted. plicant must list by location and de- thorized officer, may construct, main- scription the improvements found in § 4320.6 Report of grazing operations; as. tain and utilize any fence, building, the area under application which are signments allowed. corral, reservoir, well, or other im- owned by the applicant. Such state- provement needed for the exercise of ment of ownership will (a) Before April 1 of this second the grazing privileges under the graz- be verified by a permit Bureau of Indian Affairs official prior year and each year thereafter, ing permit. The permIttee will be re- the permittee shall file' with the au- quired to comply with the laws of the to submitting it to the Bureau of Land thorized Management. Such existing improve- officer a report in duplicate State of Alaska with respect to the of his grazing operations during the construction and maintenance of ments will be permitted by the terms preceding of the initial grazing permit. Improve- year on an approved form. fences, but any such fence shall be (b) No part of the land included in constructed to permit the ingress and ments to be constructed subsequent to the permit may be subleased. the issuance of the initial grazing Pro- egress of miners, prospectors for min- posed assignments of a permit, in erals, and other persons entitled to permit must be under permit in ac- whole or in part, must be filed in du- cordance with § 4320.9. enter such area for lawful purposes. plicate with the authorized officer (b) The permittee, within 90 days § 4320.2 Filing fee; grazing fee. within 90 days from the date of its ex- from the date of expiration or termi- ecution. Such assignments must con- A filing fee of $10 must accompany nation of the grazing permit, or within tain all of the terms and conditions any extension of such period, shall be each application for a reindeer grazing agreed upon by the parties thereto, ac- permit or application for renewal allowea to remove all personal proper- companied by the same showing by ty belonging to him, together with any thereof. No grazing fee will be the assignee as to qualifications and a charged. fence, building, corral, or other remov- reindeer allotment as is required of ap- able range improvements owned by plicants for a permit, and by the as- § 4320.3 Term of grazing permit; renewals. him. All such property which is not re- signee's statement agreeing to be moved (a) Reindeer grazing permits shall be bound by the provisions of the permit. within the time allowed shall issued for a maximum term of 10 thereupon become the property of the No assignment shall be effective until United States. years, except where the applicant de- approved by the authorized officer. sires a shorter term, or where the au- Subpart 4330-Protests thorized officer determines that a § 4320.7 Termination of grazing 'permit; shorter period will be in the public in- cancellation. 4330.1 Protests. terest. (a) A grazing permit may be surren- Protests against an application for a (b) Application for renewal of a graz- dered by the permittee upon prior grazing permit shall be filed in dupli- ing permit shall be made not less than' written notice filed with the author- cate, with the authorized officer; con- 4 months or more than 8 months ized officer, effective upon the date in- tain a complete -disclosure of all facts

FEDERAL REGISTER, VOL. 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 29067 upon which the protest is based; and Sec. protect the land and Its resources from describe the lands involved in such 4120.6-6 Removal and compensation for destruction or unnecessary injury, sta- protests. It shall be accompanied by loss of range Improvements. bilize the livestock industry dependent evidence of service of a copy of the 4120.6-7 Contributions. on the public lands, and provide for protest upon the applicant. If the 4120.7 Cooperation in management. the orderly use, improvement, devel- protestant desires to obtain a grazing 4120.8 Special rules. opment, and rehabilitation of the permit for all or part of the land em- Subpart 4130-Authorizlng Grazing Use public lands for livestock grazing con- braced in the application against sistent with multiple-use, sustained which the protest is filed, the protest 4130.1 Applications. yield, environmental, economic, and ,shall be accompanied by an applica- 4130.2 Grazing permits or leases. other objectives as stated in subpart tion for a grazing permit. 4130.3 Free-use grazing permits. chapter and in section 102 4130.4 Other grazing authorizations. 1725 of this Subpart 4340-Trespass 4130.4-1 Exchange-of-use grazing agree- of the Federal Land Policy and Man- ments. agement Act of 1976 (43 U.S.C. 1701 et § 4340.1 Trespass. 4130.4-2 Nonrenewable grazing permits or seq.). leases. (a) Any use of the Federal lands for § 4100.0-3 Authority. reindeer grazing purposes, unless au- 4130.4-3 Crossing permits. thorized by a valid permit issued in ac- 4130.4-4 Special grazing permits or leases. (a) The Taylor Grazing Act of June 4130.5 Fees. . 28, 1934. as amended (43 U.S.C. 315, cordance with the regulations in this 4130.5-1 Payment of fees. part is unlawful and is prohibited. 4130.5-2 Refunds. 315a-315r), authorizes the Secretary (b) Any person who willfully violates 4130.5-3 Service charges. of the Interior to establish grazing dis- any of the rules and regulations in 4130.6 Changes in grazing use. tricts and to make provisions for the this part shall be deemed guilty of a 4130.7 Pledge of permits or leases as securi- protection, administration, regulation, misdemeanor, and upon conviction ty for loans. and improvement of the public lands. thereof shall be punishable by impris- Subpart 4140-Prohiblled Ads It also authorizes the Secretary to onment for not more than 1 year, or lease lands outside of such districts for by a fine of not more than $500. 4140.1 Acts prohibited on public lands. grazing purposes upon such terms and 3. Part 4100 is revised to read as fol- conditions as he may prescribe. lows: Subpart 4150--Unauthorized Grazing Use (b) The Federal Land Policy and PART 4100-GRAZING Management Act of 1976 (43 U.S.C. 4150.1 Violations. 1701 et seq.) provides for the manage- ADMINISTRATION-EXCLUSIVE OF 4150.2 Notice and order to remove. 4150.3 Settlement. ment, protection, development, and ALASKA 4150.4 Demand for payment. enhancement of the public lands and directs the Secretary to manage these Subpart 4100-Grazing Administration- 4150.5 Impoundment and disposal. 4150.5-1 Notice of lntentto impound. lands under principles of multiple use Exclusive of Alaska; General 4150.5-2 Impoundment. and sustained yield in accordance with Sec. 4150.5-3 Notice of public sale. land use plans. 4100.0-1 Purpose. 4150.5-4 Redemption. (c) Executive orders transfer land ac- 4100.0-2 Objectives. 4150.5-5 Sale. quired under the Bankhead-Jones 4100.0-3 Authority. Farm Tenant Act of July 22, 1937, as 4100.0-5 Definitions. Subpart 4160-Administrative Remedies 4100.0-7 Cross-references. amended (7 U.S.C. 1012), to the Secre- 4160.1 Proposed decisions. tary and authorize administration Subpart 4110-Allocation of Grazing Use 4160.1-1 Proposed decisions on permitz or under the Taylor Grazing Act. leases. (d) Section 4 of the O&C Act of 4110.1 Mandatory qualifications. 4160.1-2 Proposed decisions on alleged vio- August 28, 1937 (43 U.S.C. 1181d), au- 4110.2 Grazing preference. lations. 4110.2-1 Base property. 4160.2 Protests. thorizes the Secretary, at his discre- 4110.2-2 Grazing preference allocation. 4160.3 Final decisions. tion, to lease for grazing purposes any 4110.2-3 Transfer of grazing preference. 4160.4 Appeals. revested Oregon and California rail- 4110.2-4 Relinquishment of grazing prefer- 4160.5 Show cause. road or reconveyed Coos Bay wagon , ence. road grant lands in the State of 4110.3 Changes in available forage. Subpart 4170-PenallIes Oregon which may be so used without 4110.3-1 Additional forage. 4170.1 Penalty for violations. interfering with the production of 4110.3-2 Decrease in forage. timber or other purposes specified in 4110.4 Changes in public land acreage. 4170.1-1 Failure to use. 4110.4-1 Additional land acreage. 4170.1-2 Federal or State laws or regula- the O&C Act. 4110.4-2 Decrease in land acreage. tions. (e) Public land orders, Executive 4110.5 Conflicting applications. 4170.2 Penal provisions. orders, and agreements authorize the 4110.6 Interest of Member of Congress. 4170.2-1 Penal provisions under the Taylor Secretary to administer livestock graz- Grazing Act.; ing on specified lands under the Subpart 4120-Grazing Management 4170.2-2 Penal provisions under the Feder- al Land Policy and Management Act. Taylor Grazing Act or other authority 4120.1 Allotments. as specified. 4120.2 Terms and conditions. Amrnoar. 43 U.S.C. 315, 315a-315r,1701 4120.2-1 Mandatory terms and conditions. et seq., 1181d. §4100.0-5 Definitions. 4120.2-2 Other terms and conditions. Subpart 4100-Grazing Administra- Whenever used in this part, unless 4120.2-3 Allotment management plans. the context otherwise requires, the 4120.3 Closure to livestock. tion-Exclusive of Alaska; General 4120.4 Ownership and identification of following definitions apply: livestock. §4100.0-1 Purpose. (a) The "act" means the Taylor 4120.5 State livestock requirements. The purpose of these regulations Is Grazing Act of June 28, 1934, as 4120.6 Range improvements. to provide for the uniform administra- amended (43 U.S.C. 315, 315a-315r). 4120.6-1 Conditions for range improve- tion of livestock grazing on the public (b) "Allotment" means an area of ments. lands, exclusive of Alaska. land designated and managed for graz- 4120.6-2 Cooperative agreements. ing of livestock. 4120.6-3 -Range improvement permits. § 4100.0-2 Objectives. 4120.6-4 Standards, design, and stipula- (c) "Allotment management plan tions. The objectives of these regulations (AMP)" means a documented program 4120.6-5 Assignment of range improve- are to administer livestock grazing on which applies to livestock operations ments. the public lands in a manner that will on the public lands, which is prepared

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29UUB RULES AND REGULATIONS in consultation with the permittee(s) ty owned or controlled by a permittee .plied to livestock to supplement the or lessee(s) involved, and which: (1) or lessee. range forage. Prescribes the manner in and extent (p) "Indigenous animal" means an (cc) "Suspension" means temporar- to which livestock operations will be animal which is or was part of the ily withholding a grazing permit or conducted in order to meet the multi- original fauna of the area in question. lease in whole or In part. ple-use, sustained-yield, economic, and (q) "Land use plan" means a plan- other needs and objectives as deter- ning decision document which estab- § 4100.0-7 Cross-references. mined for the public lands through lishes resource allocations and coordi- The regulations In subpart 1784 of land use planning; and (2) describes nated objectives and constraints for all this chapter govern advisory boards the type, location, ownership, and gen- forms of public land and resource use and the regulations In part 4 of this eral specifications for the range im- within the area covered by the plan. title govern appeals and hearings, provements to be installed and main- Cr) "Livestock" or "kind of livestock" tained on the public lands to meet the means species of domestic livestock- Subpart 4110-Allocation of Grazing livestock grazing and other objectives cattle, sheep, ' horses, burros, and Use of land management; and (3) contains goats. such other provisions relating to live- (s) "Livestock grazing capacity" § 4110.1 Mandatory qualifications. stock grazing and other objectives as means the number of animal unit Except as provided under §§ 4130.3 may be prescribed by the authorized months of forage available for live- and 4130.4-3, to qualify for grazing use officer consistent with applicable law: stock grazing on a sustained yeid basis on the public lands an applicant must (d) "Animal unit month (AUM)" on the public lands as determined be engaged in the livestock business, means the amount of forage necessary "through land use planning. must own or control land or water for the sustenance of one cow or its Ct) "Modification" means a change base property, and must be: equivalent for a period of 1 month. or revision of the terms and conditions' (a) A citizen of the United States or (e) "Authorized officer" means any of an unexpired grazing permit or have properly filed a valid declaration person authorized by the Secretary to lease including changes in kind or of intention to become a citizen or a administer regulations in this part. class and number of livestock, valid petition for naturalization; or f) "Base property" means: (1) Land period(s) of use, and area(s) of use. (b) A group or association author- that has the capability to produce (u) "Other lands under Bureau of Ized to conduct business In the State crops or forage that can be used to Land Management control" means in which the grazing use Is sought, all support authorized livestock, for a those State or prilate lands controlled members of which are qualified under specified period of the year, or (2) by the Bureau of Land Management paragraph (a) of this section; or water that is suitable for consumption through lease, agreement, or other- (c) A corporation authorized to con- by livestock and is available and acces- wise. duct business -in the State in which sible, to the authorized livestock when (v) "Public lands" means any land the grazing use is sought. the public lands are used for livestock and interest in land outside of Alaska owned by the United States and ad- § 4110.2 Grazing preference. grazing. ministered by the Secretary of the In- (g) "Cancellation" means a perma- terior through the Bureau of Land § 4110.2-1 Base property. nent termination of a grazing permit or grazing lease and grazing prefer- Management, except lands located on (a) The authorized officer shall find the Outer Continental Shelf and lands land or water owned or controlled by ence, or free-use grazing permit or held for the benefit of Indians. other grazing authorization, in whole an applicant to be base property (see (w) "Range betterment" means on- § 4100.0-5(f)) if: or in part. the-ground rehabilitation, protection, (h) "Class of livestock" mekans age (1) It serves as a base for a livestock and improvement of the public lands operation which utilizes public lands and/or sex groups of a kind of live- to arrest range deterioration and to within a grazing district; or stock. improve forage conditions, fish and (2) It Is contiguous land, or noncon- (1) "Contiguous land" means land wildlife, habitat, watershed protection, tiguous land when no applicant owns that borders or touches upon public and livestock production consistent or controls contiguous land, used in land. with land use plans. conjunction with a livestock operation .(j) "District" means the specific area Cx) "Range betterment fund" means which utilizes public lands outside a of public lands administered by a Dis- the separate account in the Treasury grazing district. trict Manager. established by section 401(b)(1) of the (b) The authorized officer shall (k) "Grazing district" means the spe- Federal Land Policy and Management specify the length of time for which cific area within which the public Act of 1976 consisting of 50 per land base property shall be capable of lands are administered under section 3 centum of all moneys received by the supporting authorized livestock during of the act. Public lands, outside grazing United States as fees for grazing live- the year, based on the management district boundaries are administered stock on public lands. requirements for the public lands. under section 15 of the act. (y) "Range improvement" means a (c) An applicant shall provide a legal (1) "Grazing fee year" means the structure, development, or treatment description, or plat, of his base proper- year March 1 to the last day of Febru- used to rehabilitate, protect, or im- ty and shall certify to the authorized ary which is used for billing purposes. prove the public lands to advance officer that this base property meets (m) "Grazing lease" means a docu- range betterment. the requirements under paragraph (a) ment authorizing use of the public (z) "Secretary" means the Secretary and (b) of this section and § 4100.0- lands outside grazing districts under of the Interior or his authorized offi- 5(f). section 15 of the act for the purpose of cer. grazing livestock. (aa) "Service area" means the area. § 4110.2-2 Grazing preference allocation. (n) "Grazing permit" means a docu- that can be properly grazed by live- (a) Grazing preference shall be allo- ment authorizing use of the public stock watering at a certain water. In cated to qualified applicants following lands within grazing districts under determining this area, natural and cul- the allocation of the vegetation re- section 3 of the act for the purpose of tural barriers, recognized habits of sources among livestock grazing, wild grazing livestock. livestock, proper livestock practices, free-roaming horses and burros, wild- (o) "Grazing preference" means the and range management factors shall life, and other uses in the land use total number of animal unit months of be considered. plans. livestock grazing on public lands ap- (bb) "Supplemental feed" means (b) Applicants who own or control portioned and attached to base proper- concentrates or harvested feed sup- base property contiguous to or corner-

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 29069 Changes in available forage. LUg upon public land outside of 'a graz- (c) If a grazing preference is being §4110.3 ing district where such public land transferred from one base property to §41103-1 Additional forage. consists of an isolated or disconnected another base property, the transferee tract'embracing 760 acres or less shall shall file with the authorized officer a Additional forage may be allocated have a preference right for 90 days properly completed transfer applica- to qualified applicants for livestock after the tract has been offered for tion in advance for approval. The grazing use at the discretion of the au- lease to lease the whole tract. transfer application shall: (1) State thorized officer If this use is consistent (c) The animal unit months of graz- preference with the land use plans. the amount of grazing forage temporarily ing preference are attached to: (1) the being transferred, in animal unit (a) Additional acres of land base property on a pro description available for livestock grazing use, in- months. (2) include a legal which is temporarily rata basis, or (2) water base property of the old and new base property, (3) cluding forage on the basis of the livestock grazing of any lien available within an allotment because contain the concurrence of a change in grazing use under capacity within the service area of holder, and (4) contain the consent of that water. §4130.6, may be allocated on a non- the owner(s) of the base property renewable basis. from which the transfer is to be made, (b) Additional forage permanently §4110.2-3 Transfer of grazing preference. unless the transferor is a lessee of the (a) Transfers of grazing preference available for livestock grazing use base property without whose livestock shall first be allocated in satisfaction in whole or in part are subject to the operation a grazing preference would following requirements: of grazing preferences to the not have been established. in which permittee(s) or lessee(s) authorized to (1) The transferee shall meet all nec- case the consent of the owner of the essary qualifications for a grazing graze in the allotment in which the base property is not required. If the forage is available. preference under the regulations of transfer application has been properly this part. (c) Additional forage permanently filed and the requirements under para- available for livestock grazing use over (2) Approval of the transfer shall of this section have been the stability of the live- graph (a) and above the preference(s) of the not disrupt officer may ap- stock industry in the general area met, .the authorized permittee(s) or lessee(s) in an allot- lands involved prove the transfer of grazing prefer- ment may be allocated in the follow- within which the public may are located. ence between the base properties, ing priority to: (3) The transfer applications under approve the assignment of interest (1) Permittee(s) or lessee(s) in pro- paragraphs (b) and (c) of this section, and obligation in range improvements portion to their preferences or in pro- shall evidence assignment of interest on the public lands, and may Issue a portion to the permittee's or lessee's and obligation in range improvements grazing permit or lease. contribution or efforts which resulted authorized on public lands under (d) At the date of approval of a in Increased forage production; or § 4120.6 and used and maintained in transfer, the existing grazing permit (2) Other qualified applicants under conjunction with the transferred pref- or lease shall terminate automatically § 4110.5. erence (see § 4120.6-5). The transferee and without notice to the extent of shall accept the terms and conditions the transfer. § 4110.1-2 Decrease in forage. of the cooperative agreements and (e) If an unqualified transferee ac- (a) When authorized grazing use ex- range improvement permits with such quires rights in base property through ceeds the amount of forage available modifications deemed necessary by operation of law or testamentary dep- for livestock grazing within an allot- the authorized officer. osition, such transfer will not affect ment on a temporary basis: (1) due to (4) The transferee shall accept the the grazing preference or any out- drought, fire, or other natural causes, terms and conditions of the terminat- standing grazing permit or lease, or or (2) to facilitate installation, mainte- ing grazing permit or lease (see preclude the issuance or renewal of a nance, or modification of range im- §4130.2) with such modifications as he grazing permit or lease based on such provements. grazing permits or leases may request which are approved by property for a period of 2 years after may be suspended in whole or in part. the authorized officer or with such the transfer. However, such a transfer- (b) When authorized grazing use ex- modifications as may be required by ee shall qualify under paragraph (a) of forage available modifica- ceeds the amount of the authorized officer. Such this section within the 2-year period or and allocated for livestock grazing tions shall be consistent with the land the grazing preference shall be subject within an allotment or where reduced use plans. to cancellation. The authorized officer grazing use is necessary to facilitate (5) The transferee shall file an appli- may grant extensions of the 2-year achieving the objectives in the land cation for a grazing permit or lease to period where there are delays solely prefer- use plans, grazing permits or grazing the extent of the transferred attributable to probate proceedings. grazing preferences shall be ence simultaneously with filing a leases and paragraph Cf) Failure of the transferee to canceled in whole or in part. transfer application under regulations of this cancellation (b) or (c) of this section. comply with the (c) The suspension or (b) If base property is sold or leased, section shall result in the cancellation under paragraphs (a) or (b) of this sec- the transferee shall file with the au- of the grazing preference. tion will be equitably apportioned by thorized officer a properly executed the authorized officer or as agreed to § 4110.2-4 Relinquishment of grazing pref- among permittees or lessees and the transfer application showing the base erence. property and the amount of grazing authorized officer. If consistent with preference being transferred, in Upon written request, the author- resource management needs, the au- animal unit months, within 60 days of ized officer shall accept the relinquish- thorized officer may provide the can- the date of sale or lease. If the trans- ment of a grazing preference in whole cellations under paragraph (b) of this fer application has been timely filed or in part. No such relinquishment section be scheduled over a period not and the requirements under para- shall be accepted without the written to exceed 3 years with the full cancel- graph (a) of this section have been concurrence of any lien holder and the lation coming in the last year. met, the authorized officer may ap- written consent of the owner(s) of the prove the transfer of the grazing pref- base property to which the preference § 4110.4 Changes In public land acreage. is attached, unless the applicant is a erence attached to the affected base § 4110.4-1 Additional land acreage. property, may approve the assignment lessee of the base property without of interest and obligation in range im- whose livestock operation a grazing When land outside designated allot- provements on the public lands, and preference would not have been estab- ments becomes available for grazing may issue a grazing permit or lease. lished. administration by the Bureau of Land

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 2.0-070 RULES AND REGULATIONS

Management, the forage airailable Jfor mitted to any share or part of such (b),Specify breed or livestock In al- livestock grazing may be allocated"to contract or agreement, or to any bene- lotments within which two or more qualified applicants at the discretion fit to arise thereupon. The provisions permittee(s) or lessee(s) are author- of the authorized officer if this use is- of these laws are incorporated herein, Ized to graze. consistent with the land use plaias. by reference and apply to all permits, (c)Authorize the use and direct the Grazing use will be allocated uncler leases, and agreements issued under placement of supplemental feed, In- § 4110.5. these regulations. cluding salt, for livestock on the public Subpart 4120-Grazing Management lands. § 4110.4-2 Decrease in land acreage. (d) Require permittees or lessees op- (a) Where there is a decrease in § 4120.1 Allotments. erating under a grazing permit or lease public land acreage available for li,nt, As land use plans are prepared, the not incorporating an allotment man- stock grazing use within an allotmeint, authorized officer shall designate al- agement plan to submit within 15 days grazing permits or grazing leases and lotments where the public lands and after completing their annual grazing grazing preferences shall be canceled other lands under Bureau of Land use, or as otherwise specified in the in whole, or in part. The cancellaticns Management control are suitable and permit or lease, a report of the actual will be equitably apportioned by t he available for livestock grazing. livestock grazing use made. authorized officer or as agreed to (e) Authorize grazing use by kInls of among authorized users and the ELu- § 4120.2 Terms and conditions. indigenous animals under specific thorized officer. terms and conditions. (b) When public lands are disposed Livestock grazing permits and leases of or devoted to a public purpcise shall contain terms and conditions §4120.2-3 Allotment management plan, which precludes livestock grazing, t he necessary to achieve the management Grazing management may be ap- permittees and lessees shall be giver12 objebtives for the public lands and in other lands under Bureau of Land plied on allotments through the prep- years' prior notification except se Management control identified in land aration and implementation of allot- cases of emergency (military defer ment management plans. requirements in time of war, nattn,al use plans. (a) An allotment management plan disasters, national -emergency neeiJs- § 4120.2-1 Mandatory terms and condi- shall be prepared in consultation with etc.), before their grazing permit or tions. the affected permittee(s) or lessee(s), grazing lease and grazing preferenLee (a) The authorized officer shall approved by the authorized officer may be canceled in whole. A permitt ,ee and implemented (see § 4100.0-5(o)). or lessee may unconditionally walye specify the kind and number of live- The allotment management plan shall the 2-year prior notification. Such a stock, the period(s) of use, the include terms and conditions under waiver shall not prejudice the perm it- allotment(s) to be used, and the § 4120.2-1, may include terms and con- tee's or lessee's right to reasonal )le amount of use, in animal unit months, ditions under § 4120.2-2, and shall pre- compensation for the fair mar :et that can be made in every grazing scribe a system permit or lease. The authorized live- of grazing designed to value of his interest in authorized pied stock grazing use shall not meet specific management objectives. manent range improvements locat exceed the e livestock grazing capacity and shall The plan shall include the limits of on these public lands (see § 4120.6-6) be flexibility within which the permittee limited or excluded to the extent nec- of lessee may adjust his operation 4110.5 Conflicting applications. essary to achieve the objectives 6stab- lished for the allotment. without prior approval of the author- When more than one qualified app (b) If it has been determined that al- ized officer. The plan shall provide for cant applies for livestock grazing use lotment management plans are not the collection of data that shall be of the same public land and/or whe!re necessary, or if allotment management used to evaluate the effectiveness of additional forage or additional laiad plans have not been implemented the system of grazing in achieving the acreage becomes available, the auth()r- where they are needed, the authorized specific objectives. ized officer may allocate grazing use of officer shall incorporate terms and (b) Private and State lands shall be such land or forage consistent wi th conditions under this section in graz- included in the allotment management the land use plans on the basis of ai ay ing permits or leases. The authorized plan if these lands are unfenced and of the following factors: are intermingled with the public lands (a) Historical use of the public lai officer shall modify these terms and ad conditions if the condition of the in the allotment or with the consent (see § 4130.2(d)); range requires modification of grazing or at the request of the party who (b) Proper range management aiad use and may cancel grazing permits or owns or controls these lands. use of water for livestock; grazing leases and grazing preferences (c) Allotment management plans (c) General needs of the applican ts' as conditions warrant. These modifica- may be revised in consultation with livestock operations; tions and cancellations may be made the affected permittee(s) or lessee(s). (d) Public ingress and egress acreIss at any time and-shall be put into full (d)If allotment management plans privately owned or controlled land to force and effect on the date specified have been prepared, the authorized of- public lands; by the authorized officer. See § 4110.3- ficer shall incorporate these plans in (e) Topography; 2. grazing permits or leases when they (f) Other land use requiremer its (c) All permits and leases shall be are issued. If grazing permits or leases unique to the situation. made subject to cancellation, suspen- have been issued prior to the prepara-' sion or modification, as required by 4110.6 Interest of Member of Congress. tion of allotment management plans, land use plans, and subject to applica- the authorized officer shall incorpo Title 18 U.S.C. 431-433 (1970) gen er- ble law. rate the allotment management plans ally prohibits a Member of or Delegate (d) All permits and leases shall in- in the grazing permits or leases when to Congress from entering into ainy - elude the provisions that such permits these plans are completed. contract or agreement with the Unit ed and leases shall be subject to annual (e).Permittees or lessees operating States. Title 41 U.S.C. 22 (1970) gem er- review, and to modification in accord- under a grazing permit or lease incor- ally provides that in every contract to,or ance with applicable law. porating an allotment management agreement to be made or entered ini plan shall submit within 15 days after or accepted by or on behalf of tihe § 4120.2-2 Other terms and conditions. completing their annual grazing use, United States, there shall be insert,ed The authorized officer may: or as otherwise specified in the permit an express condition that no Member (a) Specify the class of livestock that or lease, a report of the actual grazing of or Delegate to Congress shall be a*d- will graze on an'allotment. use made.

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 29071

(f) Decisions which specify that al- minimum requirements under pai- The cooperative agreement shall spec- lotment management plans are incor- graph (b) of this section. An alterna- fy the division of cost or labor, or porated as terms and conditions of tive method of Identifying the live- both, between the United States and grazing permits or leases may be pro- stock satisfactory to the authorized of. permittees or lessees. The United tested and appealed under subpart ficer shall be used in such Instances. States shall have title to range im- 4160. (d) The authorized officer may re- provements authorized under coopera- quire counting and/or additional or tive agreements. §4120.3 Closure to livestock. special marking or tagging of the au- §4120.6-3 Range improvement permits. When the authorized officer deter- thorized livestock in order to control mines that the soil, vegetation, or unauthorized grazing use or in order Any permittee or lessee may apply other resources on the public lands re- to otherwise promote the orderly ad- for a range improvement permit to in- quire protection because of drought, ministration of the public lands. stall, use maintain, and/or modify fire, or for other similar reasons, he range Improvements that are needed shall temporarily close allotments, or § 4120.5 State livestock requirements. to achieve mnagement objectives portions of allotments, to grazing by Authorized users shall comply with within his designated allotment. The any kind of livestock and for any the requirements of the State In permittee or lessee shall agree to pro- period of time. The action to be taken which the public lands are located re- vide total funding. The range improve- by the authorized officer shall be spec- lating to: branding of livestock breed, ment permits are lsued at the discre- ified in a notice of closure. The notice grade, and number of bulls: and health tion of the authorized officer. The of closure shall state why the allot- and sanitation requirements. permittee or lessee shall have title to ments, or portions of allotments, are range improvements authorized under being closed, shall specify the period § 4120.6 Range improvements. range improvement permits. of time for which these areas will be closed, and shall describe the resource § 4120.6-1 Conditions for range improve- §4120.6-4 Standards, design, and stipula- conditions that must be present before ments. tions. these areas are reopened to grazing. (a) Range improvements shall be in- Range improvement cooperative The notice shall be published in a stalled, used, maintained, and/or agreements and permits shall specify local newspaper and shall be posted at modified on the public lands, or re- the standards, design, and construc- the county courthouse and at a post moved from these lands, in a manner tion and maintenance criteria for the office near the public land area inconsistent with the land use plans. range improvements and shall include volved. Written notification shall be (b) Prior to installing, using, main- additional conditions and stipulations delivered personally or by certified taining, and/or modifying range im- deemed necessary by the authorized mail to those who are authorized to provements on the public lands, per- officer to facilitate achieving the ob- graze livestock on the allotments af- mittees or lessees shall have entered jectives in the land use plans. Where fected. The notice of closure shall be into a cooperative agreement with the an existing range improvement is sig- issued as a final decision in full force Bureau of Land Management or must nificantly inconsistent with these ob- and effect under § 4160.3(c) and shall have an approved range improvement jectives, the authorization for the im- require all owners of livestock-affected permit. provement may be modified by the au- thereby to remove such livestock in ac- (c) The authorized officer may re- thorized officer to reflect needed cordance with provisions of the notice. quire a permittee or lessee to install, changes. Upon failure of the permittee The authorized officer may proceed to maintain, and/or modify range Im- or lessee to comply with the standards, impound, remove, and dispose of any provements on the public lands. design, construction, and maintenance livestock found in violation of the clos- (d) When appropriated, one-half of criteria, and/or the conditions and ing notice after the closure date speci- the range betterment funds (see stipulations specified by the author- fied in the notice in accordance with § 4130.5-1(f)) shall be available for use ized officer or failure to comply with § 4150.5. in the District from which the grazing the authorized officer's order to fees were collected for the purpose of modify an existing range improve- §4120.4 Ownership and identification of on-the-ground rehabilitation, protec- ment, authorization for the improve- livestock. tion, and Improvement of public lands. ment may be canceled. (a) The permittee or lessee shall own The other one-half of the range betterment funds shall be used for on- § 4120.6-5 Assignment of range improve- or control and be responsible for the mentqo management of the livestock which the-ground range rehabilitation, pro- graze the public lands under a grazing tection, and improvement of public The authorized officer shall not ap- permit or lease. If the permittee or lands at the discretion of the Director. prove the transfer of a grazing prefer- lessee does not own the livestock, he The range betterment funds shall be ence under § 4110.2-3 nor approve use shall furnish the authorized officer a used as directed after consultations by the transferee of existing range im- document specifying the kind and with user representatives. See § 4100.0- provements, uniezs the transferee has number of livestock, the brand or 5 (w), (x), and (y). These funds shall agreed to compensate the transferor other marking the livestock are carry- be used for the installation, mainte- for fair market value of his interest in ing, and the arrangements which in nance, modification, and removal of the authorized improvements within fact give him control of the livestock. range improvements including such the allotment as of the date of trans- This document shall be approved by things as planning, environmental as- fer. If the parties are unable to agree the authorized officer prior to placing sessment, design, survey, materials, as to the amount or manner of reason- the livestock on the public lands. equipment, labor, and supervision re- able compensation, the matter shall be (b) All cattle, horses, and burros lated to these improvements. rezolved by the authorized officer. over 6 months of age shall carry a brand which has been filed with the § 4120.6-2 Cooperative agreements. §4120.6-6 Removal and compensation for authorized officer. All sheep and goats Any permittee or lessee may enter loss of range improvements. over 6 months of age shall be identi- into a cooperative agreement with the (a) Range improvements shall not be fied with an earmark, paint brand, or Bureau of Land Management for the removed from the public lands with- other marking that has been filed installation, use, maintenance, and/or out authorization. with the authorized officer. modification of range improvements (b) The authorized officer may re- (c) The authorized officer may needed to achieve management objec- quire permittees or lessees to remove exempt certain livestock from the tives within his designated allotment. range improvements which they own

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29072 RULES AND REGULATIONS on the public lands if these improve- § 4130.2 Grazing permits or leases. § 4130.3 Free-use grazing permits. ments are no longer serving the pur- (a) The Bureau of Lan~d Manage- A free-use grazing permit shall be pose for which they were installed or ment shall offer grazing permits or issued to any applicant whose resi- if they fail to meet the criteria under leases for a term not to exceed 10 dence is adjacent to public lands § 4120.6-4. years to qualified applicants. within grazing districts and who needs (c) If grazing permits or grazing (b) Grazing permits or leases shall these public lands to support those do- leases and grazing preferences are can- be issued to authorize livestock graz- mestic livestock owned by the appli- celed in whole or in part because the ing on the public lands and other cant whose products or work are used public lands are being disposed of or lands under Bureau of Land. Manage- directly and exclusively by the appli- devoted to a public purpose which pre- ment control. These grazing permits cant and his family. The issuance of cludes livestock grazing, the permit- or leases shall include appropriate free-use grazing permits is subject to tees or lessees shall receive fair market terms and conditions under §4120.2. § 4110.5. These permits shall be isued value from the United States for their Grazing use under these permits or on an annual basis. These permits interest in the authorized permanent leases may include active grazing cannot be transferred or assigned. range improvements located on the use, public lands (less salvage value) which nonuse; or a combination of active use § 4130.4 Other grazing authorizations. will no longer be available and nonuse. for livestock c) Grazing permits or leases convey Exchange-of-use grazing agreements, grazing. nonrenewable grazing permits, or (d) Permittees or lessees may be al- no right, title, or interest held by the United States in any lands or re- leases, crossing permits, and special lowed a period of 180 days from-the grazing permits or leases have no pri- date of cancellaion of a range im- sources. ority for renewal and cannot be trans- provement permit to salvage material (d) (1) Grazing permits or leases au- ferred or assigned. owned by them and to perform such thorizing livestock grazing on the rehabilitation measures as are deemed public lands and other lands under § 4130.4-1 Exchange-of-use grazing agree. necessary by the authorized officer. BLM control shall be issued for a term ments. of 10 years, unless: (i) The land is An excl-ange-of-use grazing agree. § 4120.6-7 Contributions. pending disposal; (ii) the land will be ment may be issued to any applicant The authorized officer may accept devoted to a public purpose which pre- who owns or controls lands within the contributions of labor, material, equip- cludes grazing prior to the end of 10 exterior boundaries* of the allotment ment, or money for administration, years; or Ciii) it will be in the best in- in which the land offered in exchange- protection, and improvement of the terest of sound land management to of-use Is located. An exchange-of-use public lands necessary to achieve the specify a shorter term. agreement may be Issued to authorize objectives of this part. (2) Exceptions to the issuance of 10- use of public land within the allot- year permits shall be made on a case- ment to the extent of the livestock § 4120.7 Cooperation in management. by-case basis. In determining whether grazing capacity of the land offered in The Bureau of Land Management the interest of sound land manage- exchange-of-use. No fee shall be may cooperate with Federal, State, ment warrants the issuance of a charged for this grazing use. The ex- and/or local governmental entities, in- permit for less than 10 years, the fol- change-of-use agreement may be stitutions, organizations, corporations, lowing are elements that the author- issued for a term of not more than 10 associations, and individuals to achieve ized officer shall consider: years. The expiration date of the ex- the objectives of this part. (i) Resource conditions; change-of-use agreement may coincide (i) Availability of resource and use with the expiration date of any graz- § 4120.8 Special rules. data; ing permit or lease issued on the allot- Whenever it appears to a State Di- (iii) Use conflicts; ment in which the land offered in ex. rector that local conditions within his (iv) Availability of completed land change is located. If the land offered administrative jurisdiction require a use plans; in exchange of use is leased, the expi- special rule'to achieve improved ad- (v) Whether significant adverse envi- ration date of the exchange-of-use ministration consistent with the objec- ronmental impacts will result from is- agreement shall coincide with the ex- tives of this part, he may recommend suance of a 10-year permit; and piration date of this lease not to such a rule for approval by the Direc- (vi) Expressed desire of applicant for exceed 10 years. During the term of tor. These recommendations shall be a shorter term. the exchange-of-use agreement, the subject to public review and comment, (3) Grazing permits or leases shall be Bureau of Land Management shall as appropriate, and upon approval modified or canceled in accordance have management control of such pri. shall become effective when published with land use planning decisions. vate land for grazing purposes under in the FzzEERAL REGMSR as final rules. (4) Grazing permits or leases shall be the provisions of this part and may au- Special rules shall be published in a subject to annual review and modifica- thorize grazing use as deemed appro- newspaper within the local area. tion of terms and conditions as appropriate. Copies of the rule shall be sent to priate. those who are authorized to graze live- (e) Permittees or lessees holding ex- § 4130.4-2 Nonrenewable gra.ing permits stock in the area where the special piring grazing permits or leases shall or leases. rule is applicable. be given first priority for receipt of Nonrenewable grazing permits of new permits or leases if: leases may be issued to qualified appli. Subpart 4130-Autharizing Grazing (1) The lands remain available for cants when forage is temporarily avail- Use livestock grazing in accordance with able, provided this use does not inter- land use plans (see subpart 4120); fere with existing livestock operations §4130.1 Applications. (2) The permittee or lessee is in com- on the public lands and it is consistent Applications for grazing permits or pliance with the regulations contained with land use plans. This use shall be leases (active use and nonuse), free-use in this part and the terms and condi- authorized on an annual basis only. grazing permits and other grazing au- tions of his grazing permit or lease; thorizations shall be filed timely with and § 4130.4-3 Crossing permits. the authorized officer at the local (3) The permittee or lessee accepts Any applicant showing the necessity Bureau of Land Management office the terms and conditions to be includ- for crossing the public land or other having jurisdiction over the public ed in the new permit or lease by the land under Bureau of Land Manage- lands involved. authorized officer. ment control, or both, with livestock

FEDERAL REGISTER, VOL 43, NO.-129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 29073 for proper and lawful purposes may be pleted. If an actual use report is not the provisions of these regulations for issued a crossing permit upon such submitted, the amount due will be a period of not to exceed 10 years if terms and conditions' deemed neces- based on grazing use at the upper limit the loan is for the purpose of further- sary by the authorized officer to of flexibility specified in the allotment ng the permittee's or lessee's livestock achieve the objectives of this part. management plan. The authorized of- operation, Provided, That the permit- ficer shall cancel this actual use billing tee or lessee has complied with the § 4130.4-4 Special grazing permits or privilege for failure, or refusal, to rules and regulations of this part and leases. submit a timely actual use report, that such renewal will be in accord- Special grazing permits or leases au- however, this does not relieve the per- ance with other applicable laws and thorizing grazing use by privately mittee or lessee of his responsibility regulations. While grazing permits or owned or controlled indigenous ani- for submitting an actual use report leases may be pledged as security for mals may be issued at the discretion of under § 4120.2-3(e). loans from lending agencies, this does the authorized officer. This use shall (f Fifty percent of the grazing fees not exempt these permits or leases be consistent with land use plans. collected for grazing livestock on from the provisions of these regula- These permits or leases shall be issued public lands (other than ceded Indian tions. lands) under the act shall be deposited for a term deemed appropriate by the Subpart 4140-Prohibited Acts authorized officer not to exceed 10 in a separate account in the U.S. years. Treasury for the range improvement program (see § 4120.6), § 4140.1 Acts prohibited on public lands. § 4130.5 Fees. The following acts are prohibited on § 4130.5-2 Refunds. public lands and other lands under § 4130.5-1 Payment of fees. (a) Grazing fees may be refunded at Bureau of Land Management control: - (a) [Reserved] the discretion of the authorized offl- (a) Persons performing the following (b) The fees for each grazing fee cer where applications for change in prohibited acts may be subject to civil year shall be published annually in grazing use and related refund are penalties under § 4170.1: the FEDERAL REGISTER. filed prior to the period of use for (1) Violating special terms and con- (C) Fees shall be charged for live- which the refund Is requested. ditions incorporated in permits or stock grazing upon or crossing the (b) No refunds shall be made for leases; public lands and other lands under failure to make grazing use, except (2) Failing to make substantial graz- Bureau of Land Management control during periods of range depletion due ing use as authorized for 2 consecutive at a specified rate per animal unit to drought, fire, or other natural fee years; month. For billing purposes, one cow, causes, or in case of a general spread (3) Placing supplemental feed on one horse, one burro, five sheep, or of disease among the livestock, that these lands without authorization; five goats shall be considered as one occurs during the term of a permit or (4) Falling to comply with the terms, animal unit. A minimum annual fee of lease. During these periods of range conditions, and stipulations of range $10 shall be charged for livestock graz- depletion the authorized officer may improvement cooperative agreements ing upon these lands. A minimum fee credit or refund fees in whole or in or range improvement permits; of $10 shall be charged for each cross- part, or fee payment may be post- (5) Refusing to install, maintain, ing permit issued on these lands. No poned for as long as the emergency modify, or remove range improve- fee shall be charged for livestock graz- exists. ments when so directed by the author- ing authorized under free-use grazing ized officer. permits or exchange-of-use grazing §4130.5-3 Service charge. (b) Persons performing the following agreements. No fee shall be charged Except for actions initiated by the prohibited acts may be subject to civil when authorizing total nonuse. authorized officer, a service charge of and criminal penalties under §§ 4170.1 (d) The full fee shall be charged for $10 shall be made for each transfer of and 4170.2: each paying animal unit, which is de- a grazing preference and for each re- (1) Allowing livestock on or driving fined as each animal six (6) months of placement or supplemental billing livestock across these lands without a age or over at the time of entering notice issued under § 4130.6 permit or lease or in violation of the public lands, for all weaned animals terms and conditions of a permit or regardless of age, and for such animals § 4130.6 Changes in grazing use. lease, either by exceeding the number as will become twelve (12) months of (a) Applications for changes In graz- of livestock authorized, or by allowing age during the authorized period of ing use should be filed with the au- livestock to be on these lands in an use. No charge will be made for ani- thorized officer before the billing no- area or at a time different from that mals under six (6) months of age at tices for the affected grazing use have designated; the time of entering public lands, that been issued. Applications for changes (2) Installing, using, maintaining, are the natural progeny of animals in grazing use filed after the billing modifying, and/or removing range im- upon which fees are paid, provided notices for the affdcted grazing use provements without authorization; they will not become twelve (12) have been issued and which require (3) Cutting, burning, spraying, de- months of age during the authorized the issuance of replacement or supple- stroying, or removing vegetation with- period of use, or for progeny born mental billing notices shall be subject out authorization; during that period. to a service charge under § 4130.5-3. (4) Damaging or removing U.S. prop- (e) Fees are due upon issuance of the (b) Changes in grazing use may be erty without authorization; billing notice and must be paid in full granted at the discretion of the au- (5) Molesting livestock authori2ed to prior to grazing use except where an thorized officer if the changes applied graze on these lands; allotment management plan has been for are compatible with existing oper- (6) Littering, incorporated in a grazing permit or ations and are consistent with the ob- (7) Violating any provision of part lease, in which case a billing notice jectives for the affected allotments. 4700 of subchapter concerning the based on actual use may be issued at protection and management of wild the end of the grazing period or year 4130.7 Pledge of permits or leases as secu- free-roaming horses and burros; or a billing notice based on the normal rity for loans. (8) Violating any Federal or State operation may be issued prior to the Grazing permits or leases that have laws or regulations concerning conser- grazing period or year followed by an been pledged as security for loans vation or protection of natural and adjusted billing notice based on actual from lending agencies shall be re- cultural resources or the environment use after grazing use has been com- newed by the authorized officer under including, but not limited to;those re-

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29074 RULES AND REGULATIONS

lating to air and water quality, protec- proceed to impound the livestock Bureau of Land Management control, tion of fish, and wildlife, plants, and under § 4150.5. or both, after the date set forth In the the use of chemical toxicants; (c) A notice alleging unauthorized notice and order to remove sent under (9) Interfering with lawful uses or horse or burro use in areas with wild §4150.2 may be impounded and dis- users; free-roaming- horses and burros shall posed of by the authorized officer as (10) Knowingly or willfully making a specify that the unauthorized horses provided herein. false statement or representation in or burros can be claimed and gathered base property certifications, grazing only in accordance with the proce- § 4150.5-1 Notice of intent to impound. applications, range improvement dures of part 4700 of this subchapter. (a) A written notice of intent to Im- permit applications, cooperative agree- pound shall be sent by certified mail ments, and/or amendments thereto; § 4150.3 Settlement. or personally delivered to the owner or (11) Violating State livestock re- The authorized officer shall analyze his agent, or both, and a copy of the quirements relating to branding of the facts and circumstances of the notice shall be sent to any lienholder livestock; breed, grade, and number of case and shall determine if the viola- of record. The written notice shall In- bulls; and health and sanitation re- tion is nonwillful or willful and, if it is dicate that unauthorized livestock on quirements; willful, whether it is a repeated viola- the specified public lands or other (12) Allowing privately owned or tion. When violations are determined lands under Bureau of Land Manage- controled indigenous animals on or to be nonwillful, settlement shall be ment control, or both, may be im- driving them across these lands with- made under paragraphs (a)(1) and pounded any time after 5 days from out a permit or lease or in violation of (a)(3) of this section. When violations delivery of the notice. the terms and conditions of a permit (b) Where the owner and his agent are determined to be willful, or willful- are unknown, or where both a known or lease, either by exceeding the ly repeated, settlement shall be made number of animals authorized, or by owner and his agent refuses to accept under paragraphs (a) (2), (3), and (4) delivery, a notice of intent to impound allowing indigenous animals to be on of this section and the authorized offi- these lands shall be published in a local newspaper in an area or at a time dif- cer shall take action under § 4170.1-1. and posted at the county courthouse ferent from that designated. (a) The amount due the United and a post office near the public land Subpart 4150-Unauthorized Grazing States in settlement for unauthorized involved. The notice shall indicate grazing use shall be determined by the that unauthorized livestock on the Use authorized officer as follows: specified public lands or other'lands §4150.1 Violations. (1) "Nonwillful violations." The under Bureau of Land Management value of forage consumed as deter- control, or both, may be impounded Violation of § 4140.1(b)(1) consti- mined by the average monthly rate for any time after 5 days from publishing tutes unauthorized grazing use. Viola- pasturing livestock on privately bwned and posting the notice. tors shall be liable in damages to the land (excluding irrigated land) for the United States for the forage consumed 11 Western States as published annu- § 4150.5-2 Impoundment. by their livestock, for injury to Feder- ally by the Department of Agriculture. (a) Any time after 5 days from deliv- al property caused by their unauthor- (2) "Willful and repeated willful vio- ery of the notice under § 4150.5-1(a) or ized grazing use, and for expenses in- lations." Twice the value of the forage any time after 5 days from publishing curred in impoundment and disposal, consumed as determined in paragraph and posting the notice under §4150.5- and may be subject to civil penalties or (a)(1) of this section. 1(b), the unauthorized livestock may criminal sanction for such unlawful (3) The full value for all damages to be impounded. acts. Violation of §4140.1(b)(12) also the public lands and other property of (b) Unauthorized livestock my be im- constitutes unauthorized grazing use the United States. pounded without further notice any and violators are subject to the provi- (4) All expenses incurred by the time within the 12-month period fol- sions of this subpart as deemed appro- United States including those incurred lowing the effective date of a notice priate. in gathering, impounding, caring for, given under § 4150.5-1 (a) or (b). and disposihg of livestock in cases § 4150.2 Notice and order to remove. which necessitate impoundment under §4150.5-3 Notice of public sale. (a) Whenever it appears that a viola- § 4150.5. Following the impoundment of live- tion exists and the owner of the unau- (b) Paymert made under this section stock under this subpart the livestock thorized livestock is known, written does not relieve the alleged violator of may be disposed of by the authorized notice shall be served upon the alleged any criminal liability under Federal or officer under these regulations or, if a violator or his agent, or both, by certi- State law. suitable agreement Is In effect, they fied mail or personal delivery and a (c) No permit or lease shall be issued may be turned over to the State for copy of the notice shall be sent to any or renewed until any amount found to disposal. If the authorized officer dis- lien holder of record. The notice shall be due in the United States under this _.poses of the livestock, he shall publish set forth the act or omission constitut- section has been paid. a notice of sale in a local newspaper ing the violation and refer to the spe- and post this notice at the county cific terms, conditions, and provisions § 4150.4 Demand for payment. courthouse and at a post office near the land involved. The notice shall de- of these regulations alleged to have Where the livestock have been re- been violated. It shall also order the scribe the livestock and specify the moved, but satisfactory settlement has date, time, and place of sale. The sale alleged violator to remove "the live- not been made within the time al- date shall be at least 5 days after the stock within a specified time. The lowed under § 4150.2, a certified letter publication and posting of the notice. notice shall allow a specified time demanding payment will be sent or Any known owners or agents, or both, from receipt of notice for the alleged personally delivered to the owner or and lienholders of record shall be noti- violator to show that there has been his agent, or both, and a copy of the fied in writing by certified mail or by no violation or to make settlement letter shall be sent to any lienholder personal delivery of the sale and the under § 4150.3. If the alleged violator of record. This letter shall allow not procedure by which the impounded fails to comply with the notice, the au- more than 15 days from date of re- livestock may be redeemed prior to the thorized officer may proceed to im- ceipt to settle the obligation. sale. pound the livestock under § 4150.5. (b) When neither the owner of the § 4150.5 Impoundment and disposal. § 4150.5-4 Redemption. unauthorized livestock nor his agent is Unauthorized livestock remaining on Any owner or his agent, or both, or known, the authorized officer may the public lands or other lands under lien-holder of record of the impounded

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 29075 livestock may redeem them under for the proposed decision. As applica- provisions of this part, the authorized these regulations or, if a suitable ble, the proposed decision shall state officer shall serve a show cause notice agreement is in effect, in accordance the amount due under §§4130.5-1 or on the permittee or lessee, or his with State law, prior to the time of 4150.3 and the action to be taken agent, or both, by certified mail or sale upon settlement with the United under § 4170.1. The proposed decision personal delivery and shall notify any States under §4150.3 or adequate shall provide for a period of 15 days lienholder of record. The show cause showing that there has been no viola- after receipt for the filing of a protest. notice shall state the alleged violation tion. and refer to the specific terms, condi- § 4160.2 Protests. tions, and/or provisions of these regu- § 4150.5-5 Sale. Any applicant, permittee, lessee, or lations alleged to have been violated. If the livestock are not redeemed on any other person adversely affected by As applicable, the notice shall state or before the date and time fixed for a proposed decision of the authorized the amount due under §§ 4130.5-1 or their sale, they shall be offered at officer may protest the proposed deci- 4150.3. The show cause notice shall public sale to the highest bidder by sion in person or in writing to the au- cite the permittee or lessee to appear the authorized officer under these reg- thorized officer within 15 days after before an administrative law judge at ulations or, if a suitable agreement is receipt of the proposed decision. a designated time and place, in accord- in effect, by the State. If a satisfactory ance with § 4.470 of this title, to show bid is not received, the livestock may § 4160.3 Final decisions. cause why his grazing permit or graz- be reoffered for sale, condemned and (a) In the absence of a protest, the ing lease should not be suspended in destroyed, or otherwise disposed of proposed decision shall become the whole or in part or why his grazing under these regulations or, if a suit- final decision of the authorized officer permit or grazing lease and grazing able agreement is in effect, in accord- without further notice. preference should not be canceled in ance with State law. When livestock (b) Upon the timely filing of a pro- whole or in part under § 4170.11. are sold by the authorized officer test, the authorized officer shall re- under these regulations, he shall fur- consider his proposed decision in light Subpart 4170-Penalities nish the purchaser a bill of sale. If of the protestant's statement of rea- § 4170.1 Civil penalties. sold by the State, the Bureau of Land sons for protest and n light of other Management shall be reimbursed for information pertinent to the case. At § 4170.1-1 Penalty for violations. the amount due under § 4150.3 up to the conclusion of his review of the the amount received for sale of the protest, the authorized officer shall The authorized officer may suspend livestock. serve his final decision on the protes- the grazing use authorized under a. tant or his agent, or both, and on any grazing permit or grazing lease, in Subpart 4160-Administrative other known interested individual, and whole or in part, or may cancel a graz- Remedies shall notify any lienholder of record ing permit, or grazing lease and graz- of the final decision. ing preference, or a free use grazing § 4160.1 Proposed decisions. (c) The final decision shall provide permit or other grazing authorization, for a period of 30 days after receipt for in whole or In part, under subpart §4160.1-1 Proposed decisions on permits 4160 for violation by a permittee or or leases. filing of an appeal. An appeal shall suspend the effects of the final deci- lessee of any of the provisions of this The authorized officer shall serve a sion from which it is taken pending part. However, the authorized officer proposed decision on any applicant, final action on the appeal. Where the shall suspend the grazing use author- permittee, or lessee, or his agent, or appeal is concerned with the grazing ized under a grazing permit or grazing both, who is adversely affected by his use to be granted under the current lease, in whole or in part, or shall proposed action on applications for application, an applicant who was cancel a grazing permit or grazing permits (including range improvement granted grazing use n the preceding lease and grazing preference, in whole permits) or leases or by his proposed year may continue to make that use or in part, under subpart 4160 for re- action related to terms and conditions pending final action on the appeal. peated willful violation by a permittee of permits (including range improve- However, the authorized officer may or lessee of § 4140.1(b)(1). Whenever a ment permits) or leases, by certified provide in the final decision that it nonpermittee or nonlessee violates mail or personal delivery, and shall shall be in full force and effect pend- §4140.1(b)(1) and-has not made satis- -notify any lienholder of record of the ing decision on appeal therefrom. factory settlement under § 4150.3, the proposed decision. The proposed deci- Final decisions shall be In full force authorized officer shall refer the sion shall state the reasons for the and effect only if required for the or- matter to proper authorities for ap- action, including reference to the per- derly administration of the range or propriate legal action by the United tinent terms, conditions, and/or provi- for the protection of other resource States against the violator. sions of these regulations, and shall values. See § 4.477 of this title. provide for a period of 15 days after § 4170.1-2 Failure to use. receipt for the filing of a protest. § 4160.4 Appeals. Failing to make substantial grazing Any applicant, permittee, lessee, or use as authorized for 2 consecutive fee § 4160.1-2 Proposed decisions on alleged any other person whose interest is ad- years may result in the cancellation of violations. versely affected by a final decision of the grazing preference only to the If the authorized officer determines the authorized officer may appeal the extent of failure to use (see that a permittee or -lessee appears to decision for the purpose of a hearing § 4140.1(a)(2)). haVe violated any provision of this before an administrative law judge part he shall serve a proposed decision under § 4.470 of this title by filing his §4170.1-3 Federal or State laws or regula- on the permittee or lessee, or his notice of appeal in the office of the tions. agent, or both, by certified mail or authorized officer within 30 days after Violation of § 4140.1(b)(8) may result personal delivery, and shall notify any the receipt of the decision. in a penalty under § 4170.1-1 where: lienholder of record of the proposed (a) Public land administered by the decision. The proposed decision shall §4160.5 Show cause. Bureau of Land Management is in- state the alleged violation and refer to Whenever it appears to the author- volved or affected; the specific terms, conditions, and/or ized officer that disciplinary action is (b) Such violation is related to graz- provisions of these regulations alleged advisable because a permittee or lessee ing use authorized by permit or lease; to have been violated and the reasons has willfully or repeatedly violated and

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29076 RULES AND REGULATIONS

(c) The permittee or'lessee has been 4730.4. These sections are revised to horses and burros and, when neces- convicted of or otherwise found to be read as follows: sary, adjust or exclude domestic live- In violation of any of these laws or § 4720.3 Trespass animals. stock use accordingly. See 9§ 4110,2-2 regulations by a court. Unauthorized horses or burros and 4110.3-2 of this subchapter. which have been claimed and have § 4730.4 Closure to livestock grazing. § 4170.2 Penal provisions. been determined to be privately owned in accordance with the provisions of The authorized officer may close § 4170.2-1 Penal provisions under the this section will be considered to have public lands to use by all or a particu- Taylor Grazing Act. been in trespass and may not be re- lar kirid of domestic livestock where it leased until a proper trespass charge is necessary to allocate all available Under section 2 of the act any has been determined by the author- forage to, or to satisfy other biological person who willfully violates the pro- ized officer in accordance with the requirements of wild free-roaming visions of §4140.1(b) or of approved provisions of subpart 4150 of this sub- horses or burros. Such closures may be special rules and regulations is punish- chapter. made only after appropriate public able by a fine of not more than $500. notice and in accordance with the pro- § 4730.3 Habitat reservation and alloca- cedures for reduction or cancellation § 4170.2-2 Penal provisions under the Fed- tion. of grazing privileges provided for eral Land Policy and Mlanagement Act. The biological requirements of wild under provisions in this subchapter. free-roaming horses and burros will be See §§ 4110.2-2 and 4110.3-2 of this Under section 303(a) of the Federal determined based upon al5propriate subchapter. Land Policy and Management Act of studies or other available information. 1976 (43 U.S.C. 1701 et seq.), any The needs for soil and watershed pro- 5. Part 9230 is amended by deleting person who knowingly and willfully tection, domestic livestock, mainte- §9239.3, 9239.3-1, and 9239.3-2 and violates the provisions of § 4140.1(b) or nance of environment quality, wildlife, redesignating "§ 9239.3-3 Alaska." as of approved special rules and regula- and other factors will be considered "§ 9239.3 Grazing, Alaska." as follows: tions may be brought before a desig- along with wild free-roaming horse nated U.S. magistrate and is punish- and burro requirements. After deter- §§ 9239.3-9239.3-2 [Deleted] able by a fine of not more than $1,000 mining the optimum number of such or imprisonment for no more than 12 horses and burros to be maintained on § 9239.3 Grazing, Alaska. [Redeslgnatcd months, or both. an area, the authorized officer shall from § 9239.3-31 4. Part 4700 is amended by changing reserve adequate forage and safety references in §§ 4720.3, 4730.3, and other biological requirements of such [FR Doe. 78-18421 Filed 7-3-78:8:45 am]

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 WEDNESDAY, JULY 5, 1978 PART III

-r DEPARTMENT OF COMMERCE Industry and Trade Administration

RESTRICTIVE TRADE PRACTICES OR BOYCOTTS Reporting Requirements 29078 RULES AND REGULATIONS

[3510-25, ments contained in the final regula- ceipt of a request to comply with a tions do not apply to these reports. All unilateral selection which he knew or Title 15-Commerce and Foreign reports of requests received or actions had reason to know was boycott-based Trade taken during this interim period, even when his compliance with suchr a whether they involved requests or ac- selection was permitted under the uni- CHAPTER Ill-INDUSTRY AND TRADE tions coming within §§ 369.2 or 369.3 lateral selection exception contained ADMINISTRATION, DEPARTMENT (15 CFR 369.2 and 369.3 (1977)), in § 369.3(c). should be submitted on Form DIB- Some persons commented that a re- OF COMMERCE 621P (10-76). The reports should be quest should be reportable only If the PART 369-RESTRICTIVE TRADE sent to the Bureau of Trade Regula- requested action Is prohibited by this tion, Room 1617M, U.S. Department part. Others agreed with the proposed PRACTICES OR BOYCOTTS of Commerce, Washington, D.C. 20230 regulations. and must be postmarked by August 15, The proposed regulations remain un- Reporting Requirements 1978. changed. The statute contains no ex- AGENCY: Industry and Trade Admin- The proposed reporting regulations ception from the reporting require- istration, Department of Commerce. were accompanied by proposed regula- ments based on the prohibited or per- tions concerning the issuance of "in- missible character of the action re- ACTION: Final regulations. ' terpretive letters" regarding Part 369. quested. Ifideed the legislative history SUMMARY: The agency is amending Upon further consideration of the proof the Act clearly demonstrates con- the Restrictive Trade Practices or posed interpretive letter regulations, gressional intent that boycott requests Boycotts part of the Export Adminis- the Department has decided not to must be reported whether or not the tration regulations (Part 369, Title 15, issue final regulations on that subject. action requested Is covered by an ex- Code of Federal -Regulations). The Rather, from time to time as neces- ception. changes are being made to implement sary and appropriate, the Department ,These reporting requirements are an the reporting requirements of title II will issue interpretations when an im- integral part of the statutory scheme of the Export Administration Amend- portant issue of general interest is enacted by the Congress and are In ments of 1977 (Pub. L. 95-52), signed raised concerning the Act or its imple- part intended to permit careful moni- into law on June 22, 1977. menting regulations. Those interpreta- toring of boycott requests. They are tions will be published in the FEDERAL also Intended to provide an incentive DATE: These regulations are effective REGISTER and will be added to Part for refusing to comply with boycott re- August 1, 1978 with respect to requests 369, Title 15, Code of Federal Regula- quests even where the action request, received on or after that date. tions, as an appendix. The first such ed is permissible under the statute. FOR ADDITIONAL INFORMATION interpretation, regarding the applica- Exclusion of requests for boycott ac- CONTACT: Lorna Ramsay, Barry tion of Part 369 to certain certifications coming within the exceptions Shanks, or William Schneider, tele- tions and contractual clauses, was pub- would seriously impair the attainment phone 202-377-2448. lished in the FEDERAL REGISTER dated of those objectives. SUPPLEMENTARY INFORMATION: April 21, 1978 (43 FR 16969). Copies of the proposed reporting CONTROLLED FOREIGN SUBSIDIARIES AND Pursuant to section 4(A)(b)(2) of the AFFILIATES Export Administration Act of 1969, as and interpretive letter regulations amended (the Act) (50 U.S.C. App. were mailed to Members of Congress, The proposed regulatiqns provided 2403-la(b)(2)), the Department of State government officials, exporters, that the reporting requirements would Commerce published proposed regula- business and trade associations, special apply to a controlled-in-fact foreign tions concerning the reporting of re- interest groups, law firms, and all per- subsidiary, affiliate or branch office strictive trade practice or boycott re- sons requesting a copy. Interested par- when such entity received a request in quests in the FEDERAL REGISTER dated ties were invited to provide comments connection with an activity In the in- December 30, 1977 (42 FR 65592). on or before noon, January 30, 1978. terstate or foreign commerce of the As an interim measure, the Depart- In response, 60 separate submissions United States. ment issued reporting guidelines, were received from -members of the Some persons who commented took which appeared in the FEDERAL REGIS- public containing numerous different the position that boycott requests re- TER dated February 9, 1978 (43 FR comments. All are a matter of public ceived by controlled foreign subsidiar- 5512), providing that until these final record. In issuing the final regulations, ies and affiliates should be reportable reporting regulations became effec- all public comments on the proposed even if they are not In connection with tive, reporting requirements in § 369.6 regulations received before the close an activity in U.S. dommerce, A (formerly §369.4) would remain in of the comment period were carefully number of others agreed with the pro- effect (with all references therein to considered. posed regulations. §§ 369.2 and 369.3 being treated as ref- The principal issues raised by the The proposed regulations remain i- erences to those sections as they comments and the Department's re- changed. The substantive prohibitions appear in Export Administration Bul- sponse to them are described below. of this part apply only with respect to letin No. 164 (15 CFR 369.2 and'369.3 ScoPE OF REPORTING REQnuMENTS a U.S. person's activities in U.S. com- (1977)). However, the interim guide- merce. Section 369.1(d) of the substan- lines also provided that reporting enti- The proposed regulations provided tive regulations establishes a test for ties should delay filing reports of re- that a request to take any action U.S. commerce with respect to foreign quests received or actions taken on or which has the effect of furthering or subsidiaries and affiliates that is suffi- after February 6, 1978, until the final supporting a restrictive trade practice ciently broad to accomplish the con- reporting regulations became effec- or boycott fostered or imposed by a gressional purpose without unduly In- tive. foreign country against a country terfering with the Interest of foreign U.S. exporters and related service or- friendly to the United States or countries in regulating the conduct of ganizations who, in accordance with against any U.S. person would be re- persons subject to their jurisdiction. the interim guidelines, have not filed portable. They further provided that a To require foreign subsidiaries and af- reports of requests received or actions boycott request would be reportable filiates to report all requests received taken between February 6, 1978 and regardless of whether the action re- in connection with activities totally July 31, 1978, must now submit such quested were prohibited or permissible outside U.S. commerce would unneces- reports to the Department of Com- under this part. For example, an ex- sarily impose two different jurisdic- merce. The new reporting require- porter would be required to report re- tional tests and undo the substantive

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 29079

regulations' carefully drawn line for emphasize that the term "request" is 12 times a year may be more costly avoiding a major conflict of jurisdic- construed broadly. 'It includes a situa- and burdensome for a reporting tion between the United States and tion where an exporter is negotiating a person than doing so 4 times a year. In the other nations'of the world. The transaction with a boycotting country, an effort to ease this burden and antiboycott law is premised on U.S. op- knows that he will be asked to supply reduce the cost of reporting, the regu- position to foreign interference with certain reportable boycott information lations require only quarterly report- U.S. commerce. It would be contrary at the conclusion of the negotiations, ing after mid-1979. However, the regu- to the spirit of the statute for its re- and, in an effort to forestall receipt of lations require monthly reporting porting requirements to impose bur- the request and thereby avoid having until md-1979 because of the pressing dens on activities -wholly within the to file a report, supplies the informa- need to monitor and review develop- commerce of another nation and not tion in advance. The term "request" ments in boycott practices and otherwise subject to U.S. law. also includes a solicitation, directive, changes in boycott requests as a result The Department notes that the re- legend, or Instruction that asks for in- of the implementation of the statute's porting requirements apply to a con- formation or that asks that a U.S. substantive provisions on January 18, trolled foreign subsidiary's or affill- person take or refrain from taking a 1978 and June 22, 1978. Quarterly re- ate's receipt of a request such as a particular action. Requests which are porting at the outset would result in boycott questionnaire, unrelated to a reportable may be either oral or writ- unacceptable delays in the receipt of particular transaction or activity, ten and may take many forms. For ex- important boycott information at the when the entity has or anticipates a ample, if an exporter asks, authorizes, early stages of the new statute's imple- business relationship with or in a boy- or instructs his freight forwarder to do mentation. cotting country involving U.S. com- whatever is necessary to ship goods to With respect to the deadline for sub- merce. a boycotting country and the freight mitting reports, the Department be- U.S. persons are reminded that ac- forwarder pursuant to that request lieves that a period of 1 month follow- tions taken either independently or takes action to comply with a boycott ing the period In which a request is re- through any other person with intent requirement such as obtaining a certi- ceived by a US. person located in the to evade the provisions of the substan- fication that the vessel on which the United States is a reasonable deadline, tive regulations, including those gov- goods will be shipped is not blacklist- and the proposed regulations remain erning U.S. commerce, constitute ed, the freight forwarder has received unchanged in that respect. intent to evade the statute and are a reportable request for purposes of For requests received by controlled subject to severe penalties. these regulations. Such request is foreign subsidiaries and affiliates, 2 From time to time the Department deemed to have been received at the months following the reporting period will survey domestic concerns for pur- time the boycott compliance action Is Is a more realistic deadline, and the poses of determining the worldwide undertaken. proposed regulations have been scope of boycott requests received by changed accordingly. This modifica- their controlled foreign subsidiaries MrmiE OF REPORTING tion helps to ensure adequate time for and affiliates with respect to their ac- The proposed regulations provided more meaningful, accurate, and com- tivities outside U.S. commerce, This that reports be submitted by the last plete reporting of requests received by pertains to requests which would be day of the month following the month controlled firms in foreign countries reportable under these regulations but in which the boycott request was re- especially where parent companies opt for the fact that the request is outside ceived. to report on behalf of their subsidiar- U.S. commerce. The information re- A number of persons commented ies. quested will include the number and that the reporting periods should be nature of nonreportable boycott re- quarterly and not monthly and that PumLrc DiscLosURE OF PROpmUEARY quests received, the action(s) request- reports of requests received by U.S. INFORMATION ed, the action(s) taken in response and persons, especially those received by The statute provides that any report the countries in which the requests controlled foreign subsidiaries and af- filed pursuant to these regulations is originate. The results of such surveys, filiates, should be submitted by the to be made available promptly for including the names of those surveyed, last day of the second month following public inspection and copying. The will be made public. the period in which the request was statute also provides for preserving REcEIvING A REQUEST received. the confidentiality of certain informa- The final regulations provide a two- tion contained in the report. The reporting provisions of the stat- stage set of requirements. For U.S. The proposed regulations provided ute provide for the issuance of regula- persons located in the United States, that If a reporting person certified tions requiring any U.S. person "re- reports of requests received through that he or anyone to whom the report ceiving a request" to take action which June 30, 1979, must be postmarked by relates would be placed at a competi- has the effect of furthering or sup- the last day of the month following tive disadvantage through the disclo- porting certain boycotts to report that the month in which the request was sure of information regarding the fact to the Secretary of Commerce. received; thereafter, reports must be quantity, description, or value of any The proposed regulations provided postmarked by the last day of the goods to which the report relates, such that a person who takes action to month following the calendar quarter information would not be disclosed comply with an anticipated boycott re- in which the request was received. unless the Secretary of Commerce de- quest must report such action as if a For U.S. persons.located outside the termined that disclosure would not request had actually been received. United States, reports of requests replace the person involved at a competi- Some who commented argued that a ceived through June 30, 1979, must be tive disadvantage or that it would be rule which requires reporting of ac- postmarked by the last day of the contrary to the national interest to tions in anticipation of requests is un- second month following the month in withhold the information. authorized since the statute explicitly which the request was received; there- Some persons commented that all requires only reports of "requests," after. each report must be postmarked information, whether or not certified and where no request is received, no by the last day of the second month to be proprietary, should be disclosed reporting obligation can legally arise. following the calendar quarter In to the public unless the Secretary of The final regulations accept this which the request was received. Commerce on a case-by-case basis view. A request must be received The reason for this approach is the made a determination that disclosure before a reporting obligation arises. Department's recognition of the fact would place the United States person However, the Department wishes to. that preparing and reviewing reports involved at a competitive disadvan-

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29080 RULES AND REGULATIONS

tage. Others agreed with the position or instruction that asks for informa- and because of congressional man- taken in the proposed regulations and, tion or that asks that a United States dates to provide clear and precise in addition, urged that the Secretary person take or refrain from taking a guidelines in areas of inherent uncer- give both notice and a hearing before particular action. Such a request shall tainty as well as to minimize paper- deciding to release information certi- be reported regardless of whether the work and reduce the cost of reporting fied to be proprietary. action requested is prohibited or per- (Export Administration Act of 1969, as In final form the proposed regula- missible under this part, except as oth- amended, section 7(d); Conference tions remain essentially unchanged erwise provided by this section. Report No. 95-354, 95th Congress, 1st except to provide that, in the event (2) For lurposes of this section, a re- Session, p. 29; Senate Report No. 95- the Secretary considers making a de- quest received by a United States 104, 95th Congress, 1st Session, p. 37), termination that competitive disad- person is reportable if he knows or has the following are not reportable: vantage would not result from public reason to k~iow that the purpose of (i) A request to refrain from ship- release of withheld proprietary infor- the request is to enforce, implement, ping goods on a carrier which files the mation, appropriate notice and an op- or otherwise further, support or flag of a particular country or which is portunity for comment will be given secure compliance with an unsanc- owned, chartered, leased or operated before any disclosure is made. Fair- tioned foreign boycott or restrictive by a particular country or by nationals ness, as well as the irreversibility of trade practice. or residents of a particular country; public disclosure, commands that re- (I) A request received by a United (ii) A request to ship goods via a pre- porting persons be given notice of the States person located in the United scribed route, or a request to refrain potential public disclosure of propri- States is reportable if it is received in from shipping goods via a proscribed etary information vhich they are re- connection with a transaction or activ- route; quired to report to the Department. ity in the interstate or foreign com- (ill) A request to supply an affirma- The final regulations do not adopt merce of the United States, as deter- tive statement or certification regard- the case-by-case system under which mined under § 369.1(d) (1)-(5) and (18). ing the country of origin of goods; business proprietary information (ii) A request received by a United (iv) A request to supply an affirma- would be protected from public disclo- States per4on located outside the tive statement or certification regard- sure only after each request for confi- United States (that is, a foreign sub- ing the name of the supplier or manu- dentiality had'been approved. Such a sidiary, partnership, affiliate, branch, facturer of the goods shipped or the system would impose on the Depart- office, or other permanent foreign es- name of the provider of services, ment an administrative burden which tablishment which is controlled in fact (v) A request to comply with the it could not possibly meet. by any domestic concern, as deter- laws of another country except where The promulgation of these regula- mined under §'369.1(c) is reportable if the request- expressly requires compli- tions Is exempt from Administrative it is received in connection with a ance with that country's boycott laws; Procedure Act rulemaking procedures. transaction or activity in the inter- (vi) A request to an individual to DRAFTING INFORMATION: The state or foreign commerce of the supply'information about himself or a principal authors of these regulations United States, as determined under member of his family for immigration, were Stanley J. Marcuss, Deputy As- § 369.1(d) (6)-(17) and (16). passport, visa, or employment pur- sistant Secretary for Trade Regula- (ii) A request such as a boycott poses; tion; Vincent J. Rocque, Bureau of questionnaire, unrelated to a particu- (vii) A request to supply an affirma- Trade Regulation; Homer E. Moyer, lar transaction or activity, received by tive statement or certification Indicat- Deputy General Counsel; Kent N. any United States person Is reportable ing the destination of exports or con- Knowles, Deputy Assistant General when such person has or anticipates a firming or otherwise Indicating that Counsel for Industry and Trade; and business relationship with or in a boy- such cargo will be unloaded or dis. Pamela P. Breed, Office of General cotting country involving the sale, pur- charged at a particular destination. Counsel. chase or transfer of goods or services (6) No United States person may In consideration of the foregoing, (including information) in the inter- engage in any transaction or take any § 369.6 of title 15 of the Code of Feder- state or foreign commerce of the other action, either independently or al Regulations is revised as set forth United States, as determined under through any other person, with Intent below. § 369.1(d). to evade the provisions of this part. (3) These reporting requirements (7) From time to time the Depart- Issued in Washington, D.C., on June apply to all United States persons. ment will survey domestic concerns for 29,1978. They apply whether the United States purposes of determining the world. STAN=EY J. MARCUSS, person receiving the request is an ex- wide scope of boycott requests re- Deputy Assistant Secretary porter, bank or other financial institu- ceived by their controlled foreign sub- for TradeRegulation. tion, insurer, freight forwarder, manu- sidiaries and affiliates with request to facturer, or any other United States § 369.6 Reporting requirements. their activities outside United States person subject to this part. commerce. This pertains to requests (a) Scope of reporting requirements. (4) The acquisitiofi of information which would be reportable under this (1) A United States person who re- about a boycotting country's boycott section but for the fact that the activi- ceives a request to take any action requirements through the receipt or ties to which the requests relate are which has the effect of furthering or review of books, pamphlets, legal outside United States commerce. The supporting a restrictive trade practice texts, exporters' guidebooks and other information requested will include the or boycott fostered or imposed by a similar publications does not consti- number and nature of non-reportable foreign country against a country tute receipt of a reportable request for boycott' requests received, the friendly to the United States or purposes of this section. In addition, a action(s) requested, the actions(s) against any United States person must United States person who receives an taken in response and the countries In report such request to the Department unsolicited invitation to bid, or similar which the requests originate. The re- of Commerce in accordance with the proposal, containing a boycott request sults of such surveys, including the requirements of this section. Such a has not received a reportable request names of those surveyed, will be made request may be either written or oral for purposes of this section -where he public. and may include a request to furnish does not respond to the invitation to (W) Manner of reporting. (1) Each re- information or enter into or imple- bid or other proposal. portable request must be reported. ment an agreement. It may also in- (5) Similarly, because of their However, It more than one docu- clude a solicitation, directive, legend common use for non-boycott purposes -ment (such as an invitation to bid,

FEDERAL REGISTER, VOL. 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 29081 purchase order, or letter of credit) the quarter consisting of January, would be contrary to the national in- containing the same boycott request is February, and March). terest to withhold the information. In received as part of the same transac- (5) At the reporting person's option, the event the Secretary of Commerce tion, only the first such request need reports may be submitted on either a considers making such a determina- be reported. Individual shipments single transaction form (ITA-621P tion concerning competitive disadlan- against the same purchase order or (revised 8-78)) or on a multiple trans- tage, appropriate notice and an oppor- letter of credit are to be treated as action form (ITA 6051P (8-78)). Use of tunity for comment will be given part of the same transaction. Each dif- the multiple transaction form permits before any such proprietary informa- ferent boycott request associated with the reporting person to provide on one tion is publicly disclosed. In no event a given transaction must be reported, form all required information relating will requests of reporting persons to regardless of how or when the request to as many as 75 reportable requests withhold any information contained in is received. received within any single reporting the report other than that specified (2) Each United States person actu- period. above be honored. ally receiving a reportable request (6) Reports, whether submitted on (2) Because a copy of any must report that request. However, the single transaction form or on the document(s) accompanying the report such person may designate someone multiple transaction form, must con- will be made available for public in- else to report on his behalf. For exam- tain entries for every applicable Item spection and copying, one copy should ple, a United States company, if au- on the form, including whether the re- be submitted intact and another copy thorized, may report on behalf of its porting person intends to take or has should be edited by the reporting controlled foreign subsidiary or affili- taken the action requested. If the re- entity to delete the same information ate; a freight forwarder, if authorized, porting person has not decided what which it certified in the report would may report on behalf of the expbrter; action he will take by the time the place a United States person at a com- and a bank, if authorized, may report report is required to be filed, he must petitive disadvantage if disclosed. This on behalf of the beneficiary of a letter later report the action he decides to copy should be conspicuously marked with the legend "Public Inspection of credit. If a person designated to take within 10 business days after de- Copy." report a request received by another ciding. In addition, anyone filing a receives an identical request directed report on behalf of another must so (3) Reports and accompanying docu- to him in connection with the same indicate and Identify that other ments which are available to the transaction, he may file one report on person. public for inspection and copying are behalf of himself and the other (7) Each report of a boycott request located in the ITA Freedom of Infor- person. must be accompanied by two copies of mation Records Inspection Facility, (3) Where a person is designated to the relevant page(s) of any Room 3012, Department of Commerce, report on behalf of another, the document(s) in which the request ap- 14th Street and Constitution Avenue person receiving the request remains pears. Reports may also be accompa- NW., Washington, D.C. 20230. Re- liable for any failure to report or for nied by any additional information requests to inspect such documents any representations made on his lating to the request as the reporting should be addressed to that facility. behalf. Further, anyone reporting on person desires to provide concerning (4) The Secretary of Commerce will behalf of another is not relieved of his his response to the request. periodically transmit summaries of the information contained own responsibility for reporting any (8) Records containing information In the reports boycott request to the Secretary of State for such which he receives, relating to a reported boycott request, action as the Secretary of State, in even if it is an identical request in con- including a copy of any document(s) in nection with the same consultation with the Secretary of transaction. which the request appears, must be Commerce, may deem appropriate for (4) Reports must be submitted in du- maintained by the reporting person carrying out the policies in section plicate to the Bureau of Trade Regula- for a 3-year period after filing the 3(5) of the Export Administration Act tion, Room 1617M, U.S. Department report. The Department may require of 1969. as amended. of Commerce, Washington, D.C. 20230. that these materials be submitted to it Each submission must be made in ac- or that it have access to them at any 1rAu1Ts cordance with the following require- time within that period. The following examples are intended to ments: (c) Disclosure of information. (1) Re- give guidance In determining what. Is repor- WDWhere the person receiving the ports of requests received on or table. They are Illustrative, not comprehen- request is a United States person lo- after October 7, 1976, as well as any slve. cated in the United States, each report accompanying documents filed with (1) A. a U.S. manufacturer, Is shipping of requests received through June 30, the reports, have been and will contin- goods to boycotting country Y and Is asked 1979 must be postmarked by the last ue to be made available by Y to certify that i Is not blacklisted by for public in- X's boycott office. day of the month following the month spection and copying, except for cer- The request to A Is reportable, because it in which the request was received. tain proprietary information. With re- Is a request to A to comply with X's boycott Thereafter, each submission must be spect to reports of requests received requirements. postmarked by the last day of the on or after August 1, 1978, if the (H) A, a US. manufacturing company, re- month following the calendar quarter person making the report certifies ceives an order for tractors from boycotting in which the request was received (e.g., that a United States person to whom country Y. Y's order specifies that the tires April 30 for the quarter consisting of the report relates would be placed at a on the tractors be made by B, another U.S. January, February, and March); and company. A believes Y has specified B as competitive disadvantage because of the tire supplier because otherwise A would (i) Where the person receiving the the disclosure of information regard- have used tires made by C, a blacklisted request is a United States person lo- ing the quantity, description, or value company, and Y will not take shipment of cated outside the United States, each of any articles, materials, and supplies, tractors containing tires made by blacklisted report of requests received through including related technical data and companies. June 30, 1979 must be postmarked by other Information, whether contained A must report X's request for tires made the last day of the second month fol- in a report or in any accompanying by B, because A has reason to know that B lowing the month in which the re- document(s), such information will was chosen for boycott reasons. quest was received. Thereafter, each not be publicly disclosed (ill) Same as (i), except. A knows that Y's unless the request has nothing to do with the boycott submission must be postmarked by the Secretary of Commerce determines but simply reflects Y's preference for tires last day of the second month following that disclosure would not place the made byB. the calendar quarter in which the re- United States person involved at a Ys request I- not reportable, because it Is quest was received (e.g., May 31 for competitive disadvantage or that It unrelated to Y's boycott.

FEDERAL REGISTER, VOL 43, -NO. 129-WEDNESDAY, JULY 5, 1978 29082 RULES AND REGULATIONS

(iv) Same as (ii), except A neither knows A's receipt of the boycott questionnaire is country Y. A is engaged in oil exploration nor has ieason to know why Y has chosen relortable, because it relates to A's present and drilling operations in Y. In placing B. business with or in a boycotting country. orders for drilling equipment to be shipped Y's request is not reportable, because A For purposes of determining whether a from the United States, A, in compliance neither knows nor has reason to know that report is required, it makes no difference with Y's laws, selects only those suppliers Y's request is based on Y's boycott. whether A responds to the questionnaire. who are not blacklisted. (v) A, a controlled foreign subsidiary of (xii) A, a U.S. freight forwarder, pur- A's action in choosing nonblacklisted sup- U.S. company B, is a resident of boycotting chases an exporters' guidebook which in- pliers is not reportable, because A has not country Y. A is a general contractor. After cludes the import requirements of boycott- received a request to comply with Y's boy- being supplied by A with a list of competent ing country Y. The guidebook contains de- cott in making these selections. subcontractors, A's customer instructs A to scriptions of actions which U.S. exporters (xix) A, a controlled foreign subsidiary of use subcontractor C on the project. A be- must take in order to make delivery of U.S. company B, is seeking permission to do lieves that C was chosen because, among goods to Y. business in boycotting country Y. Before other things, the other listed subcontractors A's acquisition of the guidebook is not re- being granted such permission, A is asked to are blacklisted. portable, because he has not received a re- sign an agreement to comply with Y's boy- The instruction to A by its customer that quest from anyone. cott laws. C be used on the project is reportable, be- (xii) A, a U.S. freight forwarder, is ar- The request to A is reportable, because it cause It is a request to comply with Y's boy- ranging for the shipment of goods to boy- is a request that expressly requires compll- cott requirements. cotting country Y at the request of B, a U.S. ance with Y's boycott law and is received in (vi) A, a controlled foreign subsidiary of exporter. B asks A to assume responsibility connection with A's anticipated businesa in U.S. company B; is located in nonboycotting to assure that the documentation accompa- Y. country P. A receives an order for washing nying the shipment is in compliance with (xx) A, a U.S. bank, is asked by a firm in machines from boycotting country Y. Y in- Y's import requirements. A examines an ex- boycotting country Y to confirm a letter of structs A that a negative certificate of orgin porters' guidebook, determines that Y's credit in favor of B, a U.S. company. 'rho must accompany the shipment. The wash- import regulations require a certification letter of credit calls for a certificate from B ing machines are made wholly in P, without that the insurer of the goods is not black- that the goods to be supplied are not pro. U.S. components. listed and asks U.S. insurer C for such a cer- duced by a firm blacklisted by Y. A informs Y's instruction to A regarding the nega- tification. B of the letter of credit, including its certifl. tive certificate of origin is not reportable, B's request to A is reportable by A, be- cation condition, and sends B a copy. because the transaction to which it relates cause it constitutes a request to comply with B must report the certification request is not in U.S. commerce. Y's boycott as of the time A takes action to contained in the letter of credit, and A must (vii) Same as (vi), except that A obtains comply with Y's boycott requirements in re- report the request to confirm the letter of components from the United States for the sponse to the request. A's request to C is re- credit containing the boycott condition, be- purpose of filling the order from Y. portable by C. cause both are being asked to comply with Y's instruction to A regarding the nega- (xiv),A, a U.S. freight forwarder, is arrang- Y's boycott. tive certificate of origin is reportable, being for the shipment of U.S. goods to boy- (xxi) Same as (xx), except that the letter cause the transaction to which it relates is cotting country Y. The manufacturer sup- of credit calls for a certificate from the ben. in U.S. commerce. plies A with all the necessary documenta- eficiary that the goods will not be shipped (viii) A, a U.S. construction company, re- tion to accompany the shipment. Among on a vessel that will call at a port in boycot- ceives in the mail an unsolicited invitation the documents supplied by the manufactur- ted country X before making delivery in Y, er is his certificate that he himself Is not The request is not reportable, because It is to bid on a construction project in boycott- blacklisted. A transmits the documentation ing country Y. The invitation to bid requires supplied by the manufacturer. a request of a type deemed by this section those who respond to certify that they do A's action in merely transmitting docu- to be in common use for nonboycott pur- not have any plants or branch offices in ments received from the manufacturer is poses. boycotted country X. A does not respond. not reportable, because A has received no (xxii) A, a U.S. company, receives a letter A's receipt of the unsolicited invitation to request to comply with Y's boycott. of credit from boycotting country Y stating bid is not reportable, because the request (xv) Same as (xiv), except that A is asked that on no condition may a bank blacklisted does not relate to any present or anticipated by U.S. exporter B to assume the responsi- by Y be permitted to negotiate the credit. business of A with or in Y. bility to assure that the necessary documen- A's receipt of the letter of credit is repor- (ix) Same as (viii), except that A receives a_ tation accompanies the-shipment whatever table, because it contains a request to A to boycott questionnaire from a central boy- that documentation might be. B forwards to comply with Y's boycott requirements. cott office. A does not do business in any of A a letter of credit which requires that a (xxii) A, a U.S. bank, receives a demand the boycotting countries involved, and does negative certificate of origin accompany the draft from B, a U.S. company, in connection not anticipate doing any business in those bill of lading. A supplies a positive certifi- with B's shipment of goods to boycotting ,countries. A does not respond. cate of origin. country Y. The draft contains a directive A's receipt of the boycott questionnaire is Both A and B must report receipt of the that it is valid in all countries except boy. not reportable, because it does not relate to letter of credit, because It contains a request cotted country X. any present or anticipated business by A to both of them to comply with Y's boycott. A's receipt of the demand draft is reporta with or in a boycotting country. (xvi) Same as (xiv), except that the manu- ble, because it contains a request to A to (x) A, a U.S. manufacturer, is seeking mar- facturer fails to supply a required negative comply with Y's boycott requirements. kets in which to expand its exports. A sends certificate of origin, and A is subsequently (xxiv) A, a U.S. exporter, receives an order a representative to boycotting country Y to asked by a consular official of Y to see to it from boycotting country Y. On the order is explore Y's potential as a market for A's that the certificate is supplied. A supplies a a legend that A's goods, invoices, and pack- products. A's representative discusses its positive certificate of origin. aging must not bear a six-pointed star or products but does not enter into any con- The consular official's request to A is re- other symbol of boycotted country X. tracts on that trip. A does, however, hope portable by A, because A was asked to A's receipt of the order is reportable, be- that sales will materialize in the future. comply with Y's boycott requirements by cause it contains a request to comply with Subsequently, A receives a boycott question- supplying the negative certificate of origin. Y's boycott requirements. naire from Y. (xvii) A, a U.S. manufacturer, is shipping (xxv) Same as (xxiv), except the order A's receipt of the boycott questionnaire is goods to boycotting country Y. Arrange- contains a statement that goods exported reportable, because the request relates to ments have been made for freight forwarder must not represent part of war reparations A's anticipated business with or in a boy- B to handle the shipment and secure all to boycotted country X. cotting country. For purposes of determin- necessary shipping certifications. B notes A's receipt of the order is reportable, being whether a report is required, it makes that the letter of credit requires that the cause it contains a request to A to comply no difference whether A responds to the manufacturer supply a negative certificate with Y's boycott requirements. questionnaire, and It makes no difference of origin and B asks A to do so. A supplies a (xxvi) A, a U.S. contractor, is negotiating that actual sales contracts are not in exis- positive certificate of origin. with boycotting country Y to build a school tence or do not materialize. B's request to A is reportable by A. be- in Y. During the course of the negotiations, (xi) Same as (x), except that A's repre- cause A is asked to comply with Y's boycott Y suggests that one of the terms of the con- sentative enters into a contract to sell A's requirements by providing the negative cer- struction contract be that A agree not to products to a buyer in boycotting country tificate. import materials produced in boycotted Y. Subsequently, A receives a boycott ques- (xviii) A, a controlled foreign subsidiary of country X. It is A's company policy not to tionnaire from Y. U.S. company B, is a resident of boycotting agree to such a contractual clause, and A

FEDERAL REGISTER, VOL. 43, NO. 129-WEDNESDAY, JULY 5, 1978 RULES AND REGULATIONS 29083 suggests that instead It agree that all of the ness with or In Y, and A knows or has necessary materials will be obtained from reason to know that the purpose of the re- U.S. suppliers. Y agrees to As suggestion quest Is to further Y's boycott. and a contract Is executed. (xxx) A, a U.S. citizen, Is a shipping clerk A has received a reportable request, but, for B. a U.S. manufacturing company. In for purposes of reporting, the request Is the course of his employment, A receives an deemed to be received when the contract Is order for goods from boycotting country Y. executed. The order specifies that none of the compo- (xxvii) Same as (xxvi). except Y does not nents of the goods is to be furnished by accept A's suggested alternative clause and blacklisted firms. negotiations break off. A's receipt of Y's request is reportable. B must report the request received by its For purposes of reporting, it makes no dif- employee. A. acting n the rcope of his em- ference that A was not ployment. Although A is a U.S. person, such successful In the ne- an individual does not have a separate obli- gotiations. The request Is deemed to be re- gation to report requests received ceived at the time the negotiations break by him In off. his capacity as an employee of B. (-xviWi)A. a U.S. Insurance company, is In- (xxxi) U.S. exporter A Is negotiating a suring the shipment of drilling equipment transaction with boycotting country Y. A to boycotting country Y. The transaction Is knows that at the conclusion of the negotia- being financed by a letter of credit which tions he will be asked by Y to supply certain requires that A certify that It Is not black- boycott-related information and that such a listed by Y. Freight forwarder B asks A to request Is reportable. In an effort to fore- supply the certification In order to satisfy stall the request and thereby avoid having the requirements of the letter of credit. to file a report, A supplies the information The request to A Is reportable by A, be- in advance. I cause it Is a request to comply with Ysn boy- A Is deemed to have received a reportable cott requirements. request (xxix) A, a U.S. manufacturer, Is engaged (xi) A. a controlled foreign affiliate of from time to time In supplying drilling rigs U.S. company B. receives an order for com- to company B In boycotting country Y. B In- .puters from boycotting country Y and ob- sists that its suppliers sign contracts which tains components from the United States provide that even after title passes from the for the purpose of filling the order. Y In- supplier to B, the supplier will bear the risk structs A that a negative certificate of of loss and indemnify B if goods which the origin must accompany the shipment. supplier has furnished are denied entry Into Y's instruction to A regarding the nega- Y for whatever reason. A knows or has tive certificate of origin Is reportable by A. reason to know that this contractual provi- Moreover. A may designate B or any other sion is required by B because of Y's boycott. person to report on Its behalf. However, A A receives an order from B which contains remains liable for any failure to report or such a clause. for any representations made on Its behalf. B's request is reportable by A. because It Is a request to.A in connection with his bust- [, Doc. 78-18468 Filed 6-29-78; 2:34 po.]

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978

WEDNESDAY, JULY 5, 1978 PART IV

ENVIRONMENTAL -- PROTECTION AGENCY

PROTESTS OF GRANTEE PROCUREMENT ACTIONS UNDER GRANTS FOR CONSTRUCTION OF PUBLICLY OWNED TREATMENT WORKS Subject Index List of Regional Administrator Protest Determinations 29086 NOTICES

ENVIRONMENTAL PROTECTION Dated: June 12, 1978. (A) Late: AGENCY 1. Rawlins, Wyoming (VIII, 11-16- JOAN Z. BERNSTEIN, 77) (Wind River Constructors Inc.) General Counsel [FRL 913-6] (B) Modification: Ambigziity (but see Bids; Mistake), PROTESTS OF -GRANTEE PROCUREMENT AC- 1. Gainesville-Alachua County *** TIONS UNDER GRANTS FOR CONSTRUCTION 1. Huntington, West Virginia (111, 4- Board, Florida (IV, 7-10-75) (Grum- OF PUBLICLY OWNED TREATMENT WORKS 9-76) (National Engineering and Con- man Ecosystems) tracting Co.; and Envirotech Corp.) 2. Monroe, Washington (X, 12-31-75) Subject Index List of Regional Administrator 2. Passaic Valley Sewerage Commis- (Will Construction Co.) Protest Determinations, sioners, Newark, New Jersey (II, 12- 3. Concord, North Carolina (IV, 10- 10-77) (BSP Division of Envirotech 8-76) (Mercury Construction Corp.) This notice provides a subject Corp.) 4. Gary, Indiana (V, 10-19-76) (Pora matter index of Regional Administra- Construction Co.; and the Robinson tor protest determinations issued Architect/Engineering Procurement Group, Inc.) under 40 CFR § 35.939 (July 1, 1977 (§ 35.937). 5. Lynden, Washington (X, 5-16-77) ed.). The bid protest process is a man- 1. Bridgewater, New Jersey (11,,3-31- (oral) (Arcomm Construction Co.) agement by exception technique to 76) (Havens and Emerson, Ltd.) (C) Unbalanced: review grantee procurement for com- 2. Berkeley - Charleston - Dorches- 1. Omaha, Nebraska (VII, 9-14-74) pliance with minimum standards, printer, South Carolina (IV, 7-19-76) (§ 208 cipally, under the construction grants (Datamaster Division-ACCO) grant) (Davis & Floyd Engineers.Inc.) *2. Philadelphia, Pennsylvania program of the Environmental Protec- *3. Lynn, Massachusetts (I, 10-21-76) tion Agency. Each determination con- (Clinton Bogert Associates) (Northeast Plant) (II, 12-6-76) (Sov- stitutes final Agency -action from 4. Bridgeport, Connecticut (I, 11-22- ereign Construction Co.) which there is no further administra-" 3. Bridgewater, New Jersey (II, 12-2- 76) (Connecticut Engineers in Private 77) (Lombardo Contracting Co.) tive appeal. 40 CFR § 35.939(e)(3). Practice) *4. Ramsey, New Jersey (II, 12-2-77) The subject listing contains the de- 5. Rhode Island Statewide Planning (P. & A. Construction Co.) terminations issued from the introduc- Program (I, 3-4-77) (§208 grant) (C. E. tion of the protest process (see 39 FR Maguire Inc.) Bonds (§§ 35.935-3 and 35.936-13(c)). 5252; February 11, 1974), through De- 6. Rhode Island Statewide Planning 1. Lexington, Virginia (III, 8-14-14) cember 31, 1977. The subject headings Program (I, 3-26-77) (§ 208 grant) (C. (surety bond; subcontractor perform- reflect issues which may arise in the E. Maguire Inc.) ance) (Hydro Systems, Inc.) EPA protest process. Citations to rele- 7. Atlanta, Georgia (IV, 5-11-77) 2. Manitowoc, Wisconsin (V, 12-18- vant EPA regulations are provided, (Mayer and Associates) 74) (Paul A. Lawrence Co.) *8. San Francisco, California (IX, 6- 3. Clearwater, Florida (IV, 3-14-75) where applicable. For administrative 20-77) (McKee-Berger-Mansueto Inc.) convenience, these citations are to the (bid bond) (Harry Pepper .& Asso- July 1, 1977 edition of Title 40 of the Award-Prime Contract (e.g. pending ciates) 4. Bradford, Vermont (I, 6-6-77) Code of Federal Regulations, Aster- resolution of subcontract issue). isked determinations contain a par- (Carvel Co.) 1. Grand Forks, North Dakota (VIII, 5. Cumming, Georgia (IV, 9-28-77) ticularly expansive discussion or im- (performance bond) (Newkirk Con- portant resolution of the subject in- 8-15-74) (Komine-Sanderson) 2. Omaha, Nebraska (VII, 9-14-74) struction Co.) dexed. 6. Kansas City, Kansas (VII, 11-17- The determinations are cited infor- (Datamaster Division-ACCO) 3. Spokane, Washington (X, 1-9-76) 77) (experience -bond) (Nichols Engi- mally, for administrative convenience. (BBR Prestressed Tanks Inc.) neering and Research Corp.; and The preferred citation form is, Grant- Zimpro, Inc.) ee, State (EPA Region -, full date of 14. McFarland, California (IX, 9-29- 77) (Lagoon Aeration Corp.) *7. Passaic Valley Sewerage Commis. determination) (Protest of -). sioners, Newark, New Jersey (II, 12- We expect to publish the text of the Bid Shopping. 10-77) (experience bond) (BSP Divi- bid protest determinations within the 1. Hollywood, Florida (IV, 3-13-74) sion of Envirotech Corp.) next several months. In the meantime, (Morganti-South Inc.) Burden of Proof(§ 35.939(g)). copies of individual decisions may be 2. Jacksonville, Florida (IV, 8-12-74) examined or obtained from the EPA 1. Omaha, Nebraska (VII, 9-14-74) (Adrian Construction Corp.) (Datamaster Division-ACCO) Regional Counsels or from the head- 3. Washington Suburban Sanitary quarters source identified below. 2. Grand Forks, North Dakota (VIII, Commission, Maryland (III, 10-15-75) 9-25-74) (Komlne-Sanderson) Interested parties are invited to (Volpe Construction Co.; and John C. submit comments concerning improve- Grimberg Co.) 3. Phoenix, New York (II, 5-7-76) ment, or correction, of the subject 4. Winter Haven, Florida (IV, 11-26- (Vincent J. Fasano Inc.) index list to Joseph M. Zorc, Assistant 75) (Griffin Construction Co.) 4. Round Hill, Virginia (III, 5-13-76) General Counsel, Grants (A-134), *5. Miami-Dade Water and Sewer (Frank L. Black Jr.) Office of General Counsel, United Authority, Florida (IV, 3-11-76) 5. Sioux City, Iowa (VII, 7-12-76) States Environmental Protection (George Hyman Construction Co.) (U.S. Enviro-Con, Inc.) Agency, Washington, D.C. 20460. Com- 6. Norwalk, Connecticut (I, 11-16-76) *6. Upper Occoquan Sewer Authori- (Brunalli Construction Co.) ments should be made within sixty ty (Manassas Park), Virginia (III, 6- (60) days of this publication. 24-76) (Savoy Construction Co.) 7. Fairfax, Virginia (III, 4-14-77) 7. Amherst, New York (II, 7-2-76) (Concrete Pipe & Products Inc.) FOR FURTHER INFORMATION (Air Products & Chemicals Inc.) 8. St. Paul (Metropolitan Waste Con- CONTACT: 8. York, Pennsylvania (III, 4-22-77) trol Commission), Minnesota (V, 5-3- 77) (Palco; and Kraus-Anderson) Christopher L. Rissetto, Grants, (Union Carbide Corp.) 9. Montgomery, Alabama (IV, 5-11- *9. St. Paul (Metropolitan Waste Contracts and General Administra- 77) (Envirotech Corp.) tion Division (A-134), Office of Gen- Control Commission), Minnesota (V, 10. Ceres, California (IX, 6-20-77) eral Counsel, United States Environ- 5-3-77) (Palco; and Kraus-Anderson) (W. M. Lyles Co.) mental Protection Agency, Washing- Bids (see, Formal Advertising; Mis- 11. Pepperell, Massachusetts (I, 11- ton, D.C., 20460, 202-755-8108. take). 22-77) (Catamount Construction Co.)

FEDERAL REGISTER, VOL. 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29087

Buy American Act Requirements (Re- Choice of Law-GAO Decisions, Ef- 5. Bergen County. New Jersey CI, 9- cently made applicable by Section fects of § 35.939(f)). 28-76) (Win. L. Crow-Wolff & Munier, 215 of the Clean Water Act of 1. Upper Occoquan Sewer Authority Joint Venture) 1977; Pub. L. No. 95-217). (Manassas Park), Virginia (III, 11-13- 6. Greenwood (Rocky-Coronaca), Choice ofLaw-General 75) (John C. Grimberg Inc.) South Carolina (IV, 10-6-76) (pipe) (Metromount Materials; Carolina Con- 1. Alexandria, Virginia (111, 4-4-75) 2. Huntington, West Virginia (1II, 4- 9-76) (National Engineering and Con- crete Pipe Co.; Wallace Concrete Pipe (taxes) (John C. Grimberg, Inc.) Co.. Inc.; South Carolina Pipe Associ- 2. Davenport, Iowa (VII, 4-1-75) tracting Co.; and Envirotech Corp.) 3. Upper Occoquan Sewer Authority ation; Amoco Reinforced Plastics Co.) (Lametti & Sons) 07. Palm Beach County, Florida (IV, 3. Fresno, California (IX, 7-10-75) (Manassas Park), Virginia (II, 6-24- 76) (Savoy Construction Co.) 10-8-76) (pipe) (Price Brothers) (Dorfman Construction Co.) 4. Ft. Lauderdale, Florida (IV. 7-18- *8. Waterford. Connecticut (L 3-4- 4. Tahoe-Truckee Sanitation 77) (Loc Pump and Equipment) Agency, California (IX, 8-21-75) (Jos. 77) (Inman Inc.) Ramos Co.; and Contri-Hood) 5. RawlinsZ Wyoming (VIII, 11-16- 9. Puerto Rico Aqueduct and Sewer 5. Henry, South Dakota (VIII, 9-15- 77) (Wind River Constructors, Inc.) Authority (1I, 3-31-77) (Blythe Indus- 75) (Henningsen Construction Co.) 6. Bridgewater, New Jersey (II, 12-2- tries, Inc.) 77) (Lombardo Contracting Co.) 10. Pasadena, Texas (VI, 4-1-77) 6. Sunnyvale, California (IX, 12-5- 7. Ramsey, New Jersey (IL 12-2-77) (Union Carbide Corp.) 75) (ABF Contractors) 11. Parsippany-Troy Hills, New 7. Clark County (Las Vegas), Sani- (P. & A. Construction Co.) tary District (No. 1), Nevada UIX, 12- Choice of Law.-State Law, AppZicabil- Jersey (11, 7-8-77) (Frank Briscoe) 24-75) (Bovee & Crail Construction ity of (§§35.936-2; 35.937-5; 12. Jackson, MLssissippi (IV, 8-19-77) Co.) 35.939(j)(3)). (pipe) (American Cast Iron Pipe Com- pany) 8. Palmer Lake, Colorado (VIII, 1- 1. Lowell, Massachusetts (I, 4-1-76) 16-76) (Dugan Construction Co.) 13. Cheektowaga, New York (II, 8- (United Electrical Contractors) 31-77) (Amadori Construction Co.) 9. Ruston, Louisiana (VI, 3-18-76) 2. Lowell, Massachusetts (I, 4-2-76) (Allan J. Harris Co., Inc.) 14. Orange County. California (IX, (Honeywell Corp.) 11-2-77) (Pentech Division of Hou- 10. Concord, North Carolina (IV, 10- 3. Haverstraw, New York (II, 6-24- 8-76) (Mercury Construction Co.) daille Industries) 76) (Fletcher Creamer & Son) 15. Ramsey, New Jersey (, 12-2-77) *11. St. Paul (Metropolitan Waste 4. Denver (City and County), Colora- Control Commission), Minnesota (V, (P. & A. Construction Co.) do (VIII, 7-9-76) (Frank Briscoe Co., 16. Passaic Valley Sewerage Com- 12-3-76) (Kvalsten Electric) Inc.) 12. Bradford, Vermont (I, 3-4-77) missioners, Newark, New Jersey (I, 5. McKinleyville Community Sani- 12-10-77) (BSP Division of Envirotech (Cummings) tary District (Humboldt Co.), Califor- *13. St. Paul (Metropolitan Waste nia (IX, 8-13-76) (McGuire & Hester) Corp.) Control Commission), Minnesota (V, 6. San Mateo, California (IX, 8-17- Conflict of Interest. 5-3-77) (Palco; and Kraus-Anderson) 76) (Elmer Freethy) L Atlanta, Georgia (IV, 5-11-77) Choice of Law-Federal Procurement 7. Middlesex (Bound Brook Pump (Mayer & Associates) Station), New Jersey (II, 6-3-77) (Cam- Law, Applicability of (§35.936-10). Davis-BaconAct 1. Denver (City), Colorado (VIII, 4- penella Construction Co.) 22-74) (Pinkard Donovan) 8. Middlesex (Sayreville Relief Pump Deferral of Procurement Action 2. Englewood and Littleton, Colora- Station), New Jersey (1. 6-9-77) (Ter- (§35.939(h)). do (VIII, 2-10-75) (Air Products & minal Construction Co.) 1. Westchester Co., New York (IL 3- Chemicals Inc.) 9. San Francisco, California (IX, 6- 3-76) (General Building Contractors) 3. Woonsocket, Rhode Island (I, 6- 20-77) (Mc]ee-Berger-Mansueto) 2. Lynn, Massachusetts (I, 10-21-76) 20-75) (Westcott Construction Co.) 10. Sonoma, California (IX, 6-30-77) (A/E) (Clinton Bogert Associates) 4. South Portland, Maine I, 10-7-75) (P. C. Jensen) 3. Rhode Island Statewide Planning (Pizzagalli Construction Co.) 1L Cumming. Georgia (IV, 9-28-77) Program (I. 4-26-77) (§208 grant) (C. 5. Winter Haven, Florida (IV 11-26- (NewKirk Construction Co.) E. Maguire Inc.) 75) (Griffin Construction Co.) Competition (§ 35.936). 4. Jackson, Mississippi (IV, 8-19-77) Choice of Law-Fundamental Federal (A) DeFacto: (restrictive specifications) (American Procurement Principles (see also, Cast Iron Pipe Co.) RationalBasis Test). 1. Cleveland Regional Sewer District 5. Toms Brook-Maurertown, Virginia (Southerly Plant), Ohio (V. 11-15-76) (CII, 9-20-77) (National Hydro Sys- *1. Monroe, Washington (X, 1-9-76) (Powercon Corp.) tems) (Will Construction Co.) 2. Hope, Arkansas VI, 9-1-77) (pipe) 6. Contra Costa County, California 2. Bergen County, New Jersey (II, 9- (Hydro Conduit; Choctaw Culvert (Di- (IX. 10-25-77) (Armco Steel) 28-76) (Win. L. Crow-Wolff & Munier, vision of Choctaw Inc.); Jonesboro Joint Venture) Concrete Pipe Co.) Descriptive Literature Requirement 3. Puerto Rico Aqueduct & Sewer 3. Contra Costa County, California (see also, Responsiveness.; Respon- Authority (11, 3-31-77) (Blythe Indus- (ix, 10-25-77) (Armco Steel) sibility.) tries, Inc.) (B) General-free atrl open: 1. South Portland. Main (I, 10-7-75) 4. Lynden, Washington (X, 5-16-77) (PIzzagalli Construction Co.) (Arcomm Construction Co.) 1. Miami-Dade Water and Sewer Au- 2. Upper Occoquan Sewer Authority 5. St. Paul (Metropolitan Waste Con- thority, Florida (IV, 3-11-76) (George (Manassas Park), Virginia (I1, 11-13- trol Commission), Minnesota (V, 5-24- Hyman Construction Co.) 75) (John C. Grimberg) 77) (Eimco-BSP Services Co.) 2. Upper Occoquan Sewer Authority 3. Miami-Dade Water and Sewer Au- S. Cheektowaga, New York (11, 8-31- (Manassas Pdrk), Virginia (III, 6-24- thority, Florida (IV. 9-27-76) (Altman- 77) (Amadori Construction Co.) 76) (subcontractor listing) (Savoy Con- Myers Construction Inc.) 7. McFarland,- California (IX, 9-29- struction Co.) 4. Norwalk, Connecticut I, 7-22-77) 77) (Lagoon Aeration Corp.) 3. Chatham County (Isle of Hope), (Prinano Construction Co.) 8. Brick Township, New Jersey (I, Georgia (IV, 7-8-76) (pipe) (Kyle-Gif- 11-22-77) (P & A Construction Co.) ford-Hill Inc.) Enforcement. 9. Corvallis, Oregion (X, 12-6-77) 4. Westchester County. New York 1. Lexington, Virginia (I. 8-14-74) (Frank Coluccio Construction Co.) (11, 9-7-76) (Union Carbide Corp.) (bond) (Hydro-Systems Inc.)

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29088 NOTICES

2. Grand Forks, North Dakota (VIII, 32. Corvallis, Oregon (X, 12-6-77) *1. Butler Co. (LeSourdsville Plant), 8-15-74) (Komline-Sanderson) (Frank Coluccio Construction Co.) Ohio (V, 1-7-76) (EPCO-Hormel) 3. Lake Charles, Louisiana (VI, 12- 33. Passaic Valley Sewerage Commis- 2. Bernice, Louisiana (VI, 6-1-77) 15-74) (Flygt Corp.) sioners, Newark, New Jersey (II, 12- (National Hydro Systems) 4. Tonawanda, New York (II, 8-1-75) 10-77) (BSP" Division of Envirotech 3. Kansas City, Kansas (VII, 11-17- (Ingersoll-Rand) Corp.) 77) (Nichols Engineering & Research 5. Clark Co. (Las Vegas) Sanitary EngineeringJudgment Corp.; and Zimpro) District (No. 1) Nevada (IX, 12-24-75) 4. Amherst, New York (II, 11-22-77) 1. Hudson, Wyoming (VIII, 8-1-74) (alternative) (Bovee & Crail Construc- (Smith*5. & Associates) tion Co.) (Environmental Equipment Co.) Passaic Valley Sewerage Commis- *6. Spokane, Washington (X, 1-9-76) 2. Grand Forks, North Dakota (VIII, sioners, Newark, New Jersey (II, 12- (BBR Prestressed Tanks Inc.) 8-15-74) (Komline-Sanderson) 10-77) (BSP Division of Envrotech 7. Palmer Lake, Colorado .(VIII, 1- 3. Lake Charles, Louisiana (VI, 12- Corp.) 16-76) (Dugan Construction Co.) 15-74) (Flygt Corp.) 8. Miami-Dade Water and Sewer Au- 4. Englewood and Littleton, Colora- Equal Employment Opportunity, (40 thority, Florida (IV, 3-11-76) (George do (VIII, 2-10-75) (Air Products and CFR Part 8) (see also, Responsive- Hyman Construction Co.) Chemicals Inc.) ness, but see Minority Business En- 9. Sioux City, Iowa (VII, 7-12-76) 5. District of Columbia (Blue Plains) terprise). (U.S. Enviro-Con Inc.) (1II, 2-20-75) (Kenics Corp.) 1. Philadelphia, Pennsylvania 10. Sacramento, California (IX, 9-9- 6. Appleton, Wisconsin (V, 5-17-76) (Southwest Plant) (III, 2-28-75) (EO 76) (Air Products & Chemicals Inc.) (Philadelphia Mixers Corp.) 11246-Philadelphia Imposed Plan) 11. Bergen County, New Jersey (II, *7. Chatham Co., (Isle of Hope), (Air Products & Chemicals Inc.; and 9-28-76) (Wm. L. Crow-Wolff & Georgia '(IV, 7-8-76) (Kyle-Gifford- Remsco Associates) Munier, Joint Venture) Hill Inc.) *2. Woonsocket, Rhode Island (I, 6- 12. Palm Beach County, Florida (IV, 8. Sioux City, Iowa (VII, 7-12-76) 20-75) (EO 11246-Certiflcate) (West- 10-8-76) (Price Brothers) (U.S. Enviro-Con) cott) 13. Philadelphia, Pennsylvania 9. Sacramento, California (IX, 8-12- 3. Willston Township', Pennsylvania (Northeast Plant) (I1, 12-6-76) (Sov- 76) (BBR Prestressed Tanks) (III, 9-26-75) (EO 11246-Philadelphia ereign Construction Co.) 10. Miami-Dade Water and Sewer Imposed Plan) (Tioga Electric Shop) 1 14. Waterford, Connecticut (i, 12-28- Authority, Florida (IV, 9-27-76) *4. Washington Surburban Sanitary 76) (New Ikor I) (Altman-Myers Construction Co.) Commission, Maryland (III, 12-4-75) 15. Bradford, Vermont (, 3-4-77) 11. North Shore Sanitary District, Il- (EO 11246-Washington Imposed (Cummings) linois (V, 9-28-76) (Keene Corp.; and Plan) (Fattore Construction Co.) 16. Waterford, Connecticut (I, 3-4- Premier Electrical Construction Co.) 5. Sunnyvale, California (IX, 12-5- 77) (New Ikor II) 12. Cleveland Regional Sewer Dis- 75) (EO 11246-Certificate) (ABF Con- 17. Sioux- City, Iowa (VII, 3-17-77) trict (Southerly Plant), Ohio (V, 11- tractors) (Ralph B. Carter Inc.; and U.S. Enviro- 15-76) (Powercon Corp.) "6. Westerville, Ohio (V, 4-2-76) Con Inc.) 13. Oxnard, California (IX, 12-1-76) (EPA regulations, 40 CER § 8,8) 18. Puerto Rico Aqueduct and Sewer (BBR Prestressed Tanks) (Davis-McKee; and G. Igel) Authority (II, 3-31-77) (Blythe Indus- 14. Fredonia, New York (11, 2-28-77) 7. Denver (City and County), Colora- tries Inc.) (National Hydro Systems) do (VIII, 7-9-76) (Frank Brlscoe) 19. Delano, California (IX, 4-8-77) 15. Waterford, Connecticut (I, 3-4- 8. Occoquan-Woodbridge (Potomac (specification revision) (Hydro Con- 77) (Loc Pump and Equipment) Plant), Virginia (III, 11-12-76) (EO duit Corp. and Cen-Vi-Ro Concrete 16. Dothan, Alabama (IV, 3-10-77) 11246-Washington Imposed Plan) Pipe & Products Co., Inc.) (Infilco-Degremont) (Briscoe/Courter/Condult, Joint Ven- *20. Oklahoma City, Oklahoma (VI, 17. Delano, California (IX, 4-8-77) ture) - 5-18-77) (Ingersoll-Rand I) (Hydro Conduit Corp. and Cen-Vi-Ro 9. Washington Suburban Sanitary 21. Miami-Dade Water and Sewer Concrete Pipe & Products Co., Inc.) Commission, Maryland (III, 3-2-77) Authority, Florida (IV, 5-25-77) (Mor- 18, Sussex, Wisconsin (V, 4-14-77) (EO 11246-Washington Imposed ganti South-Wolff & Munier Joint (Fisher & Porter) Plan) (C.F. & B. -and State Construc- Venture and Intercounty Construction 19. Montgomery, Alabama (IV, 5-11- tion Corp., Joint Venture) 'Corp.) 77) (Envirotech Corp,) *10. St. Paul (Metropolitan Waste 22. Watertown, New York (11, 7-5- 20. Bernice, Louisiana (VI, 6-1-77) Control Commission), Minnesota (V, 77) (Vincent J. Fasano, Inc.) (performance data) (National Hydro 5-3-77) (EO 11246-Certificate) (Palco; 23. Oklahoma City, Oklahoma (VI, Systems) and Kraus-Anderson) 7-13-77) (Ingersoll-Rand II) 21. Watertown, New York (H, 7-5- 11. Ft. Lauderdale, Florida (IV, 7-18- 24. Toms Brook-Maurertown, Vir- 77) (Vincent J. Fasano, Inc.) 77) (EO 11246-Certiflcate) (Inman ginia (III, 9-20-77) (National Hydro ,22. Oklahoma City, Oklahoma (VI, Inc.) Systems) 7-13-77) (Ingersoll-Rand I) *12. Huntington, Massachusetts (I, 25. McFarland, California (IX, 9-29- 23. Cynthiana, Kentucky (IV, 8-11- 8-29-77) (EO 11246-Certificate) 77) (Lagoon Aeration Corp.) 77) (Lyco-ZF) (Warner Brothers) 26. Cranberry Township, Pennsylva- 24. Hope, Arkansas (VI, 9-1-77) 13. Lower Salford Township, Penn- nia (III, 10-20-77) (Bay-Con Corp.) (burden of proof) (Hydro Conduit; sylvania (III, 11-12-17) (EO 11246- 27. Contra Costa County, California Choctaw Culvert (Division of Choctaw Washington Imposed Plan) (Gerngross (IX, 10-25-77) (Armco Steel) Inc.); Jonesboro Concrete Pipe Co.) Corp.) 25. Toms Brook-Maurertown, Vir- 28. Loxahatchee River Environmen- Evaluation of Bids (but see, Responsi- tal Control District, Florida (IV, 11-3- ginia (1I, 9-20-77) (National Hydro Systems) bility; Responsiveness; Formal Ad- 77) (Guy Villa & Sons Inc.) vertising; Negotiation; Mistake; 29. Brick Township, New Jersey (II, 26. McFarland, California (IX, 9-29- 77) (Lagoon Aeration Corp.) Rejection of All Bids; Award-Prime 11-22-77) (P. & A. Construction Co.) Contracts). 30. Bridgewater, New Jersey (II, 12- 27.-Amherst, New York (II, 11-22-77) 2-77) (Lombardo Contracting Co.) (Smith & Associates) (A) General Concepts: 31. Ramsey, New Jersey (II, 12-2-77) Experience Requirements (§ 35.936- 1. Denver (City), Colorado (VIII, 4- (P. & A. Construction Co.) 13(c)). 22-74) (Pinkard Donovan)

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29089

2. Davenport, Iowa (VII, 4-11-75) 1. Grand Forks, North Dakota (VIII, 6. Haverstraw, New York (IL 6-24- (Lametti & Sons) 8-15-74) (Komline-Sanderson) 76) (Fletcher Creamer & Sons) 3. Fresno, California (IX, 7-10-75) 2. Henry, South Dakota (VIII, 9-1 5- 07. Amherst, New York (II, 7-2-76) (Dorfman Construction Co.) 75) (in-state) (Henningsen Construc- (Air Products & Chemicals, Inc.) 4. Gainesville-Alachua * Board, tion Co.) 8. Denver (City & County), Colorado Florida (IV, 7-10-75) (Grumman Eco- 3. South Portland, Maine (I, 10-7-75) (VIII. 7-9-76) (Frank Briscoe) systems) (Pizzagalli Construction Co.) 9. McKlnleyville Community Sani- 5. Palmer Lake, Colorado (VIII, 1- 4. Washington Surburban Sanitary tary District (Humboldt County), Cali- 16-76) (Dugan Construction Co.) Commiqsion, Maryland (I, 10-15-75) fornia (IX, 8-13-76) (McGuire and 6. Huntington, West Virginia (I1, 4- (notice of state court case) (Volpe Hester) 9-76) (National Engineering and Con- Construction Co.; and John C. Grim- 10. San Mateo, California (IX, 8-17- tracting Co.; and Envirotech Corp.) berg) 76) (§35.939 (j)(1) and (j)(3)) (Elmer 7. Cleveland-Regional Sewer District 5. Monroe, Washington (X, 12-31-75) Freethy) (Westerly Plant), Ohio (V, 5-13-76) (Will Construction Co.) 11, Bridgeport, Connecticut (I, 11- (Blount Brothers) 6. St Joseph, Missouri (VII, 2-20-76) 22-76) (Connecticut Engineers in Pri- 8. Bergen County, New Jersey (11, 9- (Addenda issuance) (Turz~lo Contract- vate Practice) 28-76) (Win. L. Crow-Wolff & Munier, ing Co.) 12. Oxnard, California (IX 12-1-76) Joint Venture) 7. Huntington, West Virginia (111, 4- (Q35.939(j)(5)) (BBR Prestressed 9. Concord, North Carolina (IV, 10- 9-76) (National Engineering and Con- Tanks) 8-76) (Mercury Construction Co.) tracting Co.; and Envirotech Corp.) 13. York. Pennsylvania (I1, 4-22-77) 10. Superior, Wisconsin (V, 12-1-76) 8. Phoenix, New York (II, 5-7-76) (Union Carbide Corp.) (Acton Construction Co., Inc.) (Vincent J. Fasano) 14. Qmro, Wisconsin CV, 5-13-77) 11. Puerto Rico Aqueduct and Sewer 9. Deposit, New York (I, 10-5-76) (§ 35.939(j)(6)) (Can-Tex) Authority (IL 3-31-77) (Blythe Indus- (reprocurement) (Albin Construction *15. Oklahoma City, Oklahoma (VI, tries Inc.) Corp.) 5-18-77) (grantee involvement; by or 12. Sussex, Wisconsin (V, 4-14-77) *10. St. Paul (Metropolitan Waste for) (Ingersoll-Rand 1) (Fischer & Porter) Control Commission), Minnesota (V, 16. Middlesex (Bound Brook Pump 13. Montgomery, Alabama (IV, 5-11- 12-3-76) (Kvalsten Electric) Station), New Jersey al 6-3-77) (Cam- 77) (Envirotech) 11. Puerto Rico Aqueduct & Sewer penella Construction Co.) 14. St. Paul (Metropolitan Waste Authority, (IL 3-31-77) (Blythe Indus- 17. Middlesex (Sayreville Relief Control Commission), Minnesota (V, tries Inc.) Pump Station), New Jersey (11, 6-9-77) 5-24-77) (Eimco-BSP Services Co.) 12. Lynden, Washington X, 5-16-77) (Terminal Construction Co.) (Arcomm Construction Co.) 18. San Francisco, California (IX, 6- 15. Middlesex (Sayreville Relief "13. Bradford, Vermont MI 6-6-77) Pump Station), New Jersey (II, 6-9-77) 20-77) (AE; and § 35.939(j)(3)) (Carvel Co.) (McKee-Berger-Mansueto Inc.) (Terminal Construction Co.) 14. Middlesex (Sayreville Relief 19. Sonoma, California (IX, 6-30-77) 16. Ft. Lauderdale, Florida (IV, 7-18- Pump Station), New Jersey, (II, 6-9- (§ 35.939(JX3)) (P. C. Jensen) 77) (Inman Incorporated) 77) (Terminal Construction Co.) 17. Norwalk, Connecticut 20. Newton, North Carolina (IV, 7- (I, 7-22-77) 15. Parsippany-Troy Hills, New 17-77) (project grant ineligible) (Caro- (Primiano Construction Co.) Jersey (11 7-8-77) (Frank Briscoe) lina Concrete Pipe) 18. Cheektowaga, New York (11, 8- 16. Loxahatachee River Environ- •2L Oklahoma City, Oklahoma (VI, 31-77) (Amadori Construction Co.) mental Control District. Florida (IV, 7-25-77) (grintee involvement; by or 19. McFarland, California (IX, 9-29- 11-3-77) (reprocurement) (Guy Villa & for) (Carborundem) 77) (Lagoon Aeration Corp.) Sons) 22. Cummlng, Georgia (IV, 9-28-77) 20. Brick Township, New Jersey (II, 17. Rawlins, Wyoming (VIII, 11-16- (Newkirk Construction Co.) 11-22-77) (P. & A. Construction Co.) 77) (Wind River Constructors Inc.) 023. McFarland, California (IX, 9- 21. Ramsey, New Jersey (II, 12-2-77) 18. Brick Township, New Jersey (II, 29-77) (grantee involvement; by or for) (P. & A. Construction Co.) 11-22-77) (P. & A. Construction Co.) (Lagoon Aeration Corp.) 22. Corvallis, Oregon (X, 12-6-77) 24. Orange County. California (IX, (Frank Coluccio Construction Co.) GranteeResponsibilities (§§ 30.210 and 35.936-5). 11-2-77) (§ 35.939(j)(5)) (Pentech Divi- (B) 0. & XL Costs (evaluation of): 1. sion of Houdaille Industries) Sussex, Wisconsin (V, 4-14-77) 25. Loxahatchee River Environmen- 1. Omaha, Nebraska (VII, 9-14-74) (Fisher & Porter) tal Control District, Florida (IV, 11-3- (Datamaster Division-ACCO) 2. Bradford, Vermont (I, 6-6-77) 77) (Guy Villa & Sons) 2. Englewood & Littleton, Colorado (Carrel Co.) 26. Amherst, New York CIL 11-22-77) (VIII, 2-10-75) (Air Products and 3. Parsippany-Troy Hills, New Jersey (Smith & Associates) Chemicals Inc.) (11, 7-8-77) (Frank Briscoe) 27. Bridgewater, New Jersey (IL 12- 3. Ruston, Louisiana (VI, 3-18-76) Jurisdiction (§ 35.939(j)) (but see, 2-77) (Lombardo Contracting Co.) (Allan J. Harris Co.) System Desig7" AlE Procurement; 28. Monterey Peninsula Water Pollu- 4. Sacramento, California (IX, 10-6- Choice of Law-State Law; Sub- tion Control Agency, California '76) (Air Products and Chemicals Inc.) contracts; Choice of Law-Federal 12-9-77) (J. M. Bush) 5. Pasadena, Texas (VI, 4-1-77) (also ProcurementLaw). Minority Busniess Enterprises base bid) (Union Carbide Corp.) 1. DistrIct of Columbia (Blue Plains) 6. McFarland, California (IX, 9-29- (§ 35.93 6-7) (but see Equal Employ- (1II, 2-20-75) (§35.939(j)(5)) (Kencs ment Opportunity). 77) (Lagoon Aeration Corp.) Corp.) Finalityof Administrative Determina- 2. Rhinelander, Wisconsin CV, 3-31- Mistake. tions (§ 35.939(e)(3)) (but see Re- 76) (subcontractor selection) (EPCO- 1. Denver (City), Colorado (VIIIL 4- consideration of Administrative Hormel) 22-74) (Pinkard Donovan) Determinations). 3. Lowell, Massachusetts (I, 4-1-76) 2. Omaha, Nebraska (VII, 9-14-74). (§ 35.939(j)(3)) (United Electrical Con- (offensive use) (Datamaster Div.- Formal Advertising (§ 35.938-4) (see tractors) ACCO) also, Choice of Law-Fundamental 4. Lowell, Massachusetts (L 4-2-76) 3. Davenport, Iowa (VII, 4-11-75) Federal Procurement Principles; (§35.939(j)(3)) (Honeywell Corp.) (Lametti & Sons) but see, Mistake; Evaluation of 5. Danville, Illinois (V, 4-15-76) 4. Fresno, California (IX, 7-10-75) Bids). (Honeywell Corp.) (Dorfman Construction Co.)

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29090 NOTICES

5. Clark County (Las Vegas), Sani- 15. Sacramento, California (IX, 10- 44. Amherst, New York (II, 11-22-77) tary District (No. 1), Nevada (IX, 12- 6-76) (Air Products & Chemicals Inc. (Smith & Associates) 24-75) (Bovee & Cril Construction II) Patents(§30.500). Co.) 16. Palm Beach County, Florida (IV, 6. Bergen County, New Jersey (I1, 9- 10-8-76) (pipe; sole source) (Price Procedure(§ 35.939(n) (See also, Stand- 28-76) (Wm. L. Crow-Wolff & Munier, Brothers) ing; Time Limitations; Jurisdic- Joint Venture) 17. Baton Rouge, Louisiana (VI, 11- tion; Summary Dispositions 7. Bradford, Vermont (I, 3-4-77) 5-76) (National Hydro-System) Burden of Proof,Review-Regional (Cummings) 18. Cleveland Regional Sewer Dis- AdministratorAuthority). 8. Puerto Rico Aqueduct & Sewer trict (Southerly Plant) (V, 11-15-76) 1. Shreveport, Louisana (VI, 6-1-74) Authority (11, 3-31-77) (Blythe Indus- (Powercon Corp.) (Section 8 grant) (Mainstay Corp.) tries Inc.) 19. Superior, Wisconsin (V, 12-1-76) 2. Jacksonville, Florida (IV, 8-12-74) *9. Middlesex (Bound Brook Pump (Acton Construction Co. Inc.) (protest pre-regulation) (Adrian Con- Station), New Jersey (II, 6-3-77) (Cam- 20. Waterford, Connecticut (I, 12-28- struction Co.) penella Construction Co.) 76) (New Ikor I) 3. Haverstraw, New York (II, 6-24- 10. Middlesex (Sayreville Relief 21. Fredonia, New York (11, 2-28-77) 76) (Fletcher Creamer & Sons) Pump Station), New Jersey (II, 6-9-77) (National Hydro Systems) 4. Chatham County (Isle of Hope), (Terminal Construction Co.) 22. Waterford, Connecticut (I, 3-9- protest 77) (Loc Pump & Equipment Co.) Georgia (IV, 7-8-76) (pre-bid 11. Corvallis, Oregon (X, 12-6-77) 23. Dothan,. Alabama (IV, 3-10-77) resolution) (Kyle-Gifford-Hili Inc.) (Frank Coluccio Construction Co.) (shop drawing evaluation) (Infflco-De- 5. Denver (City and County), Colora- Negotiated Procurement (§§ 35.936-18 gremont) do (VIII, 7-9-76) (Frank Briscoe) and 35.937-5). 24. Sioux City, Iowa (VII, 3-17-77) 6. Cayce, South Carolina (IV, 7-18- 76) (Southeastern Concrete Products *1.Spokane, Washington (X, 1-9-76) (Ralph B. Carter Inc.; and U.S. Enviro- Con Inc.)• Co.) (BBR Prestressed Tanks) 7. Berkeley-Charleston-Dorchester, 2. Berkeley-Charleston-Dorchester, 25. Pasadena, Texas (VI, 4-1-77) (Union Carbide Corp.) South Carolina (IV, 7-19-76) (§208 South Carolina (IV, 7-19-76) (§208 grant) (Davis & Floyd Engineers Inc.) grant) (Davis & Floyd Engineers, Inc.) 26. Delano, California (IX, 4-8-77) (pipe) (Hydro Conduit Corp. and Cen- 8. Boynton Beach/Delray Beach 3. Rhode Island Statewide Planning Florida (IV, 10-14-76) (oral protest) Program (I, 4-26-77) (§ 208 grant) (C. Vi-Ro Concrete Pipe & Products Co., Inc.) (Ecological Services Products Inc.) E. McGulre Inc.) 9. Lynn, Massachusetts (I, 10-21-76) 4. Bradford, Vermont (I, 6-6-77) 27. Fairfax, Virginia (I1, 4-14-77) (Concrete Pipe & Products Inc.) (pre-grant award) (Clinton Bogort As- (Carvel Co.) 28. Montgomery, Alabama (IV, 5-11- sobiates) Non-Restrictive Specifications 77) (Envirotech) 10. Detroit, Michigan (V, 11-10-76) (§ 35.936-13) (but see, Sole Source 29. Marion, North Carolina (IV, 5- (Lotepro Corp.) Specifications; Experience Re- 17-77) (pipe) (Carolina Concrete Pipe 11. Waterford, Connecticut (I, 3-9- quirements; Specifications; see Co.) 77) (Loc Pump and Equipment) also, EngineeringJudgment). 30. Oklahoma City, Oklahoma (VI, •12. Dothan, Alabama (IV, 3-10-77) 1. Shreveport, Louisiana (VI, 6-1-74) 5-18-77) (Ingersoll-Rand I) '(full Regional Administrator review In (pipe liner) (Mainstay Corp.) 31. Miami-Dade Water and Sewer place of Grantee) (Infilco Degremont) 2. Hudson, Wyoming (VIII, 8-1-74) Authority, Florida (IV, 5-25-77) 13. York, Pennsylvania (III, 4-22-77) (Environmental Equipment Inc.) (grantee approval) (Morganti South- (Union Carbide Corp.) 3. Grand Forks, North Dakota (VIII, Wolff Munier (Joint Venture); and In- 14. Atlanta, Georgia (IV, 5-11-77) 8-15-74) (Momline-Sanderson) tercounty Construction Corp.) (Mayer & Associates) *4.Lake Charles, Louisiana (VI, 12- 32. Bernice, Louisiana (VI, 6-1-77) 15. Bernice, Louisiana (VI, 6-1-77) 15-74) (Flygt Co.) (National Hydro Systems) (simultaneousmailing issue) 5. District of Columbia (Blue Plains) 33. Watertown, New York (I1, 7-5- 16. Cynthiana, Kentucky (IV, 8-11- (III, 2-20-75) (Kenics Corp.) 77) ("or equal," grantee review) (Vin- 77) (Lyco-ZF) 6. Tonawanda, New York (11, 8-1-75) cent J. Fasano) *17. Lower Salford Township, Penn. (Ingersoll-Rand) 34. Oklahoma City, Oklahoma (VI, sylvania (III, 9-8-77) (Gorngross 7-13-77) (Ingersoll-Rand I1) Corp.) 7. Butler County (LeSourdsville 35. Norwalk, Connecticut (I, 7-22-77) Project), Ohio (V, 1-7-76) (grantee 18. Cumming, Georgia (IV, 9-28-77) (Primiano Construction Co.) (Newkirk Construction Co.) pre-approval) (EPCO-Hormel) 36. Cynthiana, Kentucky (pre-selec-. 8. Fredonia, New York (II, 4-15-76) 19. Cranberry Township, Pennsylva- tion) (IV, 8-11-77) (Lyco-ZF) nia (III, 10-20-77) (Bay-Con Corp.) (Tenco Hydro/Aerosciences) 37. Jackson, Mississippi (IV, 8-19-77) *9.Chatham County (Isle of Hope), 20. Contra Costa County, California (pipe) (American Cast Iron Pipe Co.) (IX, 10-25-77) (Armco Steel) Georgia (IV, 7-8-76) (pipe) (Kyle-Gif- 38. Hope, Arkansas (VI, 9-1-77) ford-Hill Inc.) 21. Orange County, California (IX, (Hydro Conduit; Choctaw Culvert 11-2-77) (Pentech Division of Hou. 10. Sioux City, Iowa (VII, 3-12-76) (Div. of Choctaw Inc.); Jonesboro Con- (U.S. Enviro-Con) daille Industries) crete Pipe Co.) 22. Amherst, New York (II, 11-22-77) 11. Sacramento, California (IX, 8- 39. Toms Brook-Maurertown, Virgin- 12-76) (BBR Prestressed Tanks Inc.) (Smith & Associates) ia (III, 9-20-77) (pre-selection) (Na- 23. Bridgewater, New Jersey (II, 12- '12. Sacramento, California (IX, 9- tional Hydro Systems) 13-76) (Amoco Reinforced Plastics) 40. Cranberry Township, Pennsylva- 2-77) (Lombardo Contracting Co.) 13. North. Shore Sanitary District, Il- nia (III, 10-20-77) (pre-selection) (Bay- 24. Corvallis, Oregon (X, 12-6-77) linois (V, 9-28-76) (Keene Corp.; and Con Corp.) (pre-grant approval) (Frank Colucclo Premier Electrical Construction Co.) 41 Contra Costa County, California Construction Co.) *14. Greenwood (Rocky-Coronaca), (IX, 10-25-77) (pipe) (Armco Steel) ProgramIntegrity (§ 30,245). South Carolina (IV, 10-6-76) (pipe; 42. Orange County, California (IX, *1. Daytona Beach, Florida (IV, 6- clay v. concrete) (Metromount Materi- 11-2-77) (Pentech Division of Hou- 21-77) (Hydro-Clear Corp.) als; Carolina Concrete Pipe Co.; Wal- daille Industries) lace Concrete Pipe Co., Inc.; South 43. Kansas City, Kansas (VII, 11-17- Rational Basis Test. Carolina Pipe Association; Amoco Re- 77) (experience) (Nichols Engineering 1. Hannibal, Missouri (VII, 2-15-74) inforced Plastics Co.) & Research Corp.; and Zimpro) (Sammons Construction Co.)

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29091

2. Omaha, Nebraska (VII, 9-14-74) Rejection of All Bids (§35.938-4(h)(2), 07. Upper Occoquan Sewer Authori- (Datamaster Div.-ACCO) and see, PRM 78-8 published at 43 ty (Manassas Park), Virginia (II, 6- 3. Gainesville-Alachua *** Board, FR 14725-26, April 7, 1978) (also 24-76) (subcontractor listing require- Florida (IV, 7-10-75) (Grumman Eco- see, Enforcement). ment; vs. responsibility) (Savoy Con- systems Corp.) 1. Philadelphia, Pennsylvania struction Co.) 4. Miami-Dade Water and Sewer Au- (Southwest Plant) (III, 2-28-75) (EEO) 8. Kansas City, Kansas (VII, 11-17- thority, Florida (IV, 3-11-76) (George (Air Products & Chemicals Inc.; and 77) (applicable standards to subcon- Hyman Construction Co.) Remsco Assoc.) tract award) (Nichols Engineering & 5. Ruston, Louisiana (VI, 3-18-76) *2. Henry, South Dakota (VIII, 9-15- Research; and Zimpro Inc.) (Allan H. Harris Co.) 75) (cogent and compelling reason 9. Pepperell, Massachusetts (, 11- 6. Lowell, Massachusetts (I, 4-1-76) standard) (Henningsen Construction 22-77) (grantee Judgment; past prac- (United Electrical Contractors) Co.) tices) (Catamount Corp.) 7. Lowell, Massachusetts (I, 4-2-76- 3. Cleveland Regional Sewer District (B) Licensing: (Honeywell Corp.) (Westerly Plant), Ohio (V, 11-3-75) 1. Jacksonville, Florida (IV, 8-12- 8. Phoenix, New York (II, 5-7-76) (Blount Brothers; and Darin & Arm- 74) (State construction industry board (Vincent J. Fasano) strong) -license) (Adrian Construction Co.) 9. Chatham County (Isle of Hope), "4. Miaml-Dade Water and Sewer *2. Tahoe-Truckee Sanitation Georgia (IV, 7-8-76) (Kyle-Gifford- Authority, Florida (IV, 3-11-76) (ratio- Agency, California (IX, 8-21-75) (State Hill Inc.) nal basis standard) (George Hyman Landscaping license) (Jos. Ramos and 10. Berkeley-Charleston-Dorchester, Construction Co.) Contri-Hood) South Carolina (IV, 7-19-76) (§208 5. Chicago (Metropolitan Sanitary Responsiveness (See also Equal Em- grant) (Davis & Floyd Engineers Inc.) District of Greater Chicago), Illinois ployment Opportunity; Waiver). 11. Sacramento, California (IX, 8- (V, 3-23-76) (above Engineer's esti- 12-76) (BBR Prestressed Tanks) *1. Hollywood, Florida (IV, 3-13-74) mate) (Blount Brothers) (equipment listing) (Morganti-South, 12. Miami-Dade Water & Sewer Au- 6. DePere, Wisconsin (V. 5-17-76) thority, Florida (IV, 9-27-76) (Altman- Inc.) Myers Construction Co.) (Holiday Court Co.) 2. Denver (City), Colorado (VIII, 4- *13. Concord, North Carolina (IV, 7. Berrien County, Michigan (V. 6- 22-74) (Plnkard Donovan) 10-8-76) (Mercury Construction Co.) 15-76) (above Engineer's estimate) (J. 3. Jacksonville, Florida (IV, 8-12-74) P. Reilly) 14. Philadelphia, Pennsylvania (State construction industry board li- (Northeast Plant) (I1, 12-6-76) (Sov- 8. Bergen County, New Jersey (IL 9- cense) (Adrian Construction Co.) ereign Construction Company) 28-76) (EPA directed) (Win. L. Crow- 4. Manltowoc, Wisconsin (V, 12-18- 15. Bradford, Vermont (I, 3-4-77) Wolff & Munler, Joint Venture) 74) (Absence of bid bond) (P. A. Law- (Cummings) 9. Philadelphia, Pennsylvania rence Co.) *16. Dothan, Alabama (IV, 3-10-77) (Northeast Plant) (I1, 12-6-76) (EPA 5. Philadelphia, Pennsylvania (Infilco Degremont) concurrence function; unbalanced bid, (Southwest Plant) (I1, 2-28-75) (EO 17. Pasadena, Texas (VI, 41L77) denial) (Sovereign Construction Co.) 11246-Phladelphia Plan compliance) (Union Carbide Corp.) 10. Bradford, Vermont (I, 3-4-77) (Air Products & Chemicals, Inc. and 18. Sussex, Wisconsin (V, 4-14-77) (Cummings) Remsco) (Fischer & Porter) 11. Puerto Rico Aqueduct and Sewer 6. Clearwater, Florida (IV, 3-14-75) 19. Rhode Island Statewide Planning Authority (I1, 3-31-77) (EPA directed) (subcontractor listing) (Harry Pepper Program (I, 4-26-77) (§ 208 grant) (C. (Blythe Industries Inc.) & Associates) E. Maguire Inc. I) 12. Norwalk, Connecticut (I, 7-22-77) 7. Alexandria, Virginia (I1, 4-4-75) 20. Montgomery, Alabama (IV, 5-11- (EPA concurrence function; initial (exclusion of State sales taxes) (John 77) (Envirotech) denial; grantee option) (PrImlano Con- C. Grimberg Inc.) 21. Lynden, Washington (X, 5-16-77) struction) 8. Woonsocket, Rhode Island (I, 6- (Arcomm Construction Co.) 13. Bridgewater, New Jersey (II, 12- 20-75) (EO 11246--Certificate of prior 22. Ceres, California (IX, 6-20-77) 2-77) (unbalanced bid) (Lombardo work: vs. responsibility) (Westcott (W. M. Lyles Co.) Contracting Co.) Construction Co.) 23. Ft. Lauderdale, Florida (IV, 7-18- 14. Corvallis, Oregon (X, 12-6-77) 9. Gainesvile-Alachua * Board, 77) (Inman Inc.) (EPA directed) (Frank Colucclo Con- Florida (IV, 7-10-75) (ambiguous speci- 24. Cynthiana, Kentucky (IV, 8-11- struction Co.) fication; bid notation) (Grumman Eco- 77) (Lyco-ZF) Responsibility(§§ 35.936-15. 30.340-2). systems) 25. Jackson, Mississippi (IV, 8-19-77) 10. Tahoe-Truckee Sanitation (American Cast Iron Pipe Co.) (A) General" Agency, California (IX, 8-21-75) 0i- *1. Hannibal, Missouri (VIL 2-15-74) cense; vs. responsibility) (Jos. Ramos 26. McFarland, California (IX, 9-29- (procedural requirements) (Sammons 77) (Lagoon Aeration Corp.) and Contri-Hood) Construction) 11. Williston Township, Pennsylva- Reconsideration of Administrative De- "2. Hollywood, Florida (IV, 3-13-74) nia (I1, 9-26-75) (EO 11246-Phladel- terminations (but see, Finality of (parent-subsidiary relationship) (Mor- phIa Imposed Plan) (Tioga Electric Administrative Ddterminations). ganti-South, Inc.) Shop) 1. Detroit, Michigan (V, 11-23-76) 3. Lexington, Virginia (M, 8-14-74) 12. South Portland, Maine (I, 10-7- (denied) (Lotepro Corp.) (of equipment supplier, standards) 75) (equipment pump-performance 2. North Shore Sanitary District, Il- (Hydro-Systes, Inc.) data) (Plzmagalli Construction Co.) linois (V, 2-27-77) (denied) (Biospher- "4. Upper Occoquan Sewer Authori- 13. Washington Suburban Sanitary ics Inc.) ty (Manassas Park), Virginia (TT, 11- Commission. Maryland (II, 10-15-75) 3. Delano, California (IX, 4-15-77) 13-75) (descriptive literature; vs. re- (subcontractor listing) (Volpe Con- (denied) (California Vitrified Clay sponsibility) (John C. Grimberg Co., struction Co., and John C. Grimberg)" Pipe Manufacturers) Inc.) 14. Calhoun County, Michigan (V, •4. Ft. Lauderdalo, Florida (IV, 9-1- *5. Phoenix, New York (II, 5-7-76) 11-13-75) (unit pricing) (North Con- 77) (denied) (Vito's Trucking & Exca- (grantee burden of proof) (Vincent J. struction Co.) vating Co.) Fasano, Inc.) "15. Upper Occoquan Sewer Authori- 5. Jackson, Mississippi (IV, 10-25-77) 6. Round Hill, Virginia (II, 5-13-76) ty (Manassas Park), Virginia (I, 11- (denied) (American Cast Iron Pipe (subcontract information; past prac- 13-75) (descriptive literature; vs. re- Co.) tices) (Frank L. Black, Jr., Inc.) sponsibility)

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29092 NOTICES

*16. Winter Haven, Florida (IV, 11- 7. Waterford, Connecticut (I, 3-4-77) 2. Baton Rouge, Louisiana (VI, 11-5- 26-75) (prime contractor work identifi- (Loc Pump & Equipment) 76) (National Hydro Systems, Inc.) cation; subcontractor listing) (Griffin *8. Dothan, Alabama (IV, 3-10-77) 3. Bridgeport, Connecticut (I, 11-22- Construction Co.) (infilco Degremont) 76) (interested parties-associations) 17. Washington Suburban 6anitary 9. York, Pennsylvania (III, 4-22-77) (Connecticut Engineers in Private Commission, Maryland (111, 12-4-75) (Union Carbide Corp.) Practice) (EO 11246-Washington Imposed Plan 10. Atlanta, Georgia (IV, 5-11-77) 4. Rhode Island Statewide Planning compliance; trade applicability "de (iayer and Associates) Program (§ 208 grant) (I, 3-4-77) (non- minimis" theory) (Fattore Construc- 11. St. Paul (Metropolitan Waste offeror to RFP) (C. E. Maguire, Inc.) tion Co.) Control Commission), Minnesota (V, 45. York, Pennsylvania (III, 4-22-77) *18. Monroe, Washington (X, 12-31- 5-24-77) (Eimco-BSP Services) (subcontractor protest of prime award 75) (Two bites theory; bid exception) 12. Cynthiana, Kentucky (IV, 8-11- (Will Construction Co.) issue) (Union Carbide Corp.) 77) (Lyco-ZF) 6. Montgomery, Alabama (IV, 5-11- 19. Ruston, Louisiana (VI, 3-18-76) 13. Jackson, Mississippi (IV, 8-19-77) (price escalation in bid) (Allan 77) (subcontractor - non - restrictive H. (American Cast Iron Pipe Co.) specifications) (Envirotech Corp.) Harris & Co.) 14. Lower Salford, Pennsylvania (III, 20. Chicago (Metropolitan Sanitary 7. Daytona Beach, Florida (IV, 6-21- 9-8-77) (Gerngross Corp.) 77) (subcontractor protest of prime District of Greater Chicago), Illinois 15. Cumming, Georgia (IV, 9-28-77). (V, 3-23-76) (exception to specifica- (Newkirk Construction Co.) award; accord York, Pa.) (Hydro-Clar tions; qualified bid) (Blount Brothers) 16. Corp.) Cranberry Township, Pennsylva- 08. Norwalk, *21. Westerville, Ohio (V, 4-2-76) nia (I1, 9-30-77) (Bay-Con Corp.) Connecticut (I, 7-22-77) (EEO, EPA regulations at 40 CFR (no valid bid due to price increase on § 8.8) (Davis-McKee and G. Igel) Small Business-Procurement of bid extension) (Primiano Construction 22. Sioux City, Iowa (VII,, 7-12-76) § 35.936-7). Co.) (listing of approved equipment suppli- "1. Cleveland Regional Sewer Dis- 9. McFarland, California (IX, 9-29- er; grantee pre-contract judgment) trict, (Southerly Plant) Ohio (V, 11- 77) (subcontractor protest of engineer- (U.S. Enviro-Con) 15-76) (Powercon Corp.) ing evaluation; vs. grantee involve- 23. Occoquan-Woodbridge (Potomac 2. Bernice, Louisiana (VI, 6-1-77) ment rule) (Lagoon Aeration Corp.) Plant), Virginia (III, 11-12-76) (EO (National Hydro Systems) 10. Contra Costa County, California (IX, 10-25-77) 11246-Washington Plan compliance) Sole Source Procurement (§ 35.936- (Armco Steel) (Briscoe/Courter/Conduit-Joint Ven- 13(b)). 11. Loxahatchee River Environmen- ture) tal Control District, Georgia (IV, 11-3- 24. St. Paul 1. Lake Charles, Louisiana (VI, 12- 77) (contract disputes; reprocurement) (Metropolitan Waste 15-74) (Flygt Corp.) Control Commission), Minnesota (V, (Guy Villa & Sons) 12-3-76) 2. Tonawanda, New York (II, 8-1-75) 12. Brick Township, New Jersey (II, (acknowledgement of adden- (Ingersoll-Rand) da) (Kvalsten Electric) 11-22-77) (P. & A. Construction Inc.) 3. Palm Beach County, Florida (IV, 13. Monterey Peninsula Water P011U- 25. Gregory, South Dakota (VIII, 1- 10-8-76) (pipe) (Price Brothers) 4-77) (Schweigert Construction Co.) 4. Cranberry Township, tiorA Control Agency, California (IX, Pennsylva- 12-9-77) (J. M. Bush) 26. Washington Suburban Sanitary nia Commission, Maryland (III, 3-2-77) (III, 9-30-77) (Bay-Con Corp.) 14. Passaic Valley Sewerage Commis. (EO 11246-Washington Imposed Plan Specifications (but see Non-Restrictive sioners, Newark, New Jersey (I, 12- compliance; no covered trade) (C. F. & Specifications; see also, Engineer- 10-77) (Restrictive Speclfications-E x- B. and State Construction Corp.- ing Judgments). perience) (BSP Division of Envirotech Joint Venture) 1. Omaha, Nebraska (VII, 9-14-74)- Corp.) 27. Ceres, California (IX, 6-20-77) (unbalanced bid) (Datamaster Div.- Sua Sponte Review (§§ 35.935-2 and (subcontractor listing) (W. M. Lyles ACCO) 35.939(f)(6) (see also, Review-Re- Co.) 2. Gainesville-Alachua *** Board, gional AdministratorAuthority. 28. Ft. Lauderdale, Florida (IV, 7-18- Florida (IV, 7-10-75) (ambiguity; bid *1. Bergen 77) (price omission) (Inman Inc.) notation; addenda) (Grumman Ecosys- County, New Jersey (II, 29. Huntington, Massachusetts (I, 8- 9-28-76) (State law; competition) tems) (Win. L. Crow 29-77) (EO 11246-Certificate) 3. Washington Suburban Sanitary Construction Co.-Wolff (Warner Brothers) Commission, & Munier Inc.-Joint Venture) Maryland (III, 10-15-75) 2. Norwalk, 30. Lower Salford, Pennsylvania (III, (Volpe Construction Co., and John C. Connecticut (I, 11-16-76) 9-8-77) (EO 11246-Washington Im- (Regional Administrator remedy not- Grimberg Inc.) withstanding posed Plan application - by project 4. Westchester County, New York protest dismissal) (Brun- amount) (Gerngross Corp.) (11, 9-7-76) (minimum needs; competi- alli Construction Co.) 3. Waterford, Connecticut (I, 3-4-77) Review-Regional Administrator Au- tion) (Union Carbide Corp.) 5. Bergen County, New Jersey (II, 9- (continuing Regional Administrator thority (See also Procedure;but see review notwithstanding protest dis- Sua Sponte Review). 28-76) (words-numbers reconciliation) (Win. L. Crow Construction Co.-Wolff missal-timeliness) (New Ikor II) 1. Englewood and Littleton, Colora- & Munier, *4. Sussex, Wisconsin (V, 4-14-77) do (VIII, 2-10-75) Inc.-Joint Venture) (Air Products & *6. North'Shore Sanitary District, Il- (grantee involvement; delegation to Chemicals Inc.) linois (V, 9-28-76) agent) (Fischer & Porter) •2. Fresno, California (IX, (salient perform- 7-10-75) ance characteristics) (Keene Corp.; *5. York, Pennsylvania (III, 4-22-77) (Dorfman Construction Co.) and Premier Electrical (policy/regulation review) (Union Car- 3. Cleveland Regional Sewer Dis- Construction ' Co.) bide Corp.) trict, (Westerly Plant) Ohio (V, 11-3- 7. Philadelphia, 6. Parsippany-Troy Hills, New Jersey 75) (Blount Brothers; Pennsylvania Darin and Arm- (Northeast Plant) (I1, 12-6-76) (un- (II, 7-8-77) (Frank Briscoe Co.) strong) balanced bid) (Sovereign Construction *7. McFarland, California (IX, 9-28- 4. Haverstraw, New York (I, 6-24- Co.) 77) (grantee procurement rule) 76) (Fletcher Creamer & Son) (Lagoon Aeration Corp.) 5. Lynn, Massachusetts (I, 10-21-76) Standing. *8. Loxahatchee River Environmen- (Clinton Bogert Assoc.) 1. Westchester County, New York tal Control District, Georgia (IV, 11-3- 6. Detroit, Michigan (V, 11-10-76) (II, 3-3-76) (trade association) (Gener- 77) (contract dispute; reprocurement) (Lotepro Corp.) al Building Contractors) (Guy Villa & Sons, Inc.)

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29093

9. Brick Township, New Jersey (II, 19. Sioux City, Iowa (VII, 7-12-76) 7. Appleton, Wisconsin (V. 5-17-76) 11-22-77) (bid expiration, bidder ineli- (listing preapproved subcontractor) (choice of alternate system design) gibility) (P. & A. Construction Co.) (U.S. Enviro-Con) (Philadelphia Mixers Corp.) *10. Bridgewater, New Jersey (11, 12- 20. Westchester County, New York 8. Haverstraw, New York (II, 6-24- 2-77) (mootness; State law) (Lombardo (11, 9-7-76) (competition among sys- 76) (state law) (Fletcher Creamer & Contracting Co.) tems) (Union Carbide Corp.) Son) 11. Ramsey, New Jersey (II, 12-2-77) 21. Sioux City, Iowa (VII, 3-17-77) *9. Amherst, New York (11, 7-2-76) (timeliness) (P. & A. Construction Co.) (Restrictive Specifications; approved (supplier substitution) (Air Products & 12. Corvallis, Oregon (X, 12-6-77) listing) (Ralph Carter and U.S. Enviro- Chemicals Inc.) (Frank Coluccio Construction Co.) Con) 10. Hancock, Michigan (V, 7-12-76) 13. Passaic Valley Sewerage Commis- 22. Omro, Wisconsin (V, 5-13-77) (timeliness) (Maclean Construction sioners, Newark, New Jersey (IL 12- (equipment substitution; business Co.) 10-77) (EPA regulatory-policy review) judgment) (Can-Tex Industries) 11. Sacramento, California (IX, 8- (BSP Division of Envirotech Corp.) 23. Oklahoma City, Oklahoma (VI, 12-76) ("or equal" technical challenge) 5-18-77) (Restrictive Specifications; (BBR Prestressed Tanks) Subcontracts, Award of (§§35.938-9, business judgment; grantee involve- 12. McKinleyville Comunity Services and 35.939(j)(6)). ment; rational basis) (Ingersoll-Rand District (Humboldt County), Califor- 1. Hollywood, Florida (IV, 3-13-74) I) nia (IX, 8-13-76) (state law) (McGuire (equipment manufacturer listing) 24. Ceres, California (IX, 5-20-77) & Hester Co.) (Morganti-South Inc.) (equipment manufacturer listing) (W. *13. Sacramento, California (IX, 9- 2. Jacksonville, Florida (IV, 8-12-74) M. Lyles Co.) 13-76) (timeliness-restrictive specifi- (Subcontractor listing) (Adrian Con- 25. Watertown, New York (Ir, 7-5- cation challenge) (Amoco Reinforced struction Co.) 77) (Vincent J. Fasano Inc.) Plastics) 3. Lexington, Virginia (I1, 8-14-74) *26. Oklahoma City, Oklahoma (VI, 14. Deposit, New York (II 10-5-76) (performance bond) (Hydro-Systems, 7-13-77) (Restrictive Specifications; timeliness-challenged reprocurement Inc.) evident and presumed equality; need upon default of contractor) (Albin *4. Grand Forks, North Dakota for rational basis on technical Judg- Construction Co.) (VIII, 8-15-74) (Restrictive Specifica- ments; competition) (Ingersoll-Rand 15. Boynton Beach/Delray Beach, tion; award to prime .with low equip- ]a) Florida (IV, 10-14-76) (timeliness- ment offer) (Komline-Sanderson) *27. Oklahoma City, Oklahoma (VI, subtler) (Ecological Services Products) 5. Omaha, Nebraska (VII, 9-14-74) 7-25-77) (Restrictive Specification; 16. Concord, North Carolina (IV, 10- (Datamaster Division-ACCO) business judgment; grantee Involve- 14-76) (timeliness-subtler) (Air Prod- *6. Clearwater, Florida (IV, 3-14-75) ment) (Carborundum) ucts & Chemicals Inc.) (equipment suppliers listing) (Harry 28. McFarland, California (IX, 9-28- 17. Baton Rouge, Louisiana (IV, 11- Pepper & Associates) 77) (Engineering Judgment vs. rational 5-76) (business Judgment) (National 7. Tonawanda, New York (11, 8-1-75) basis and grantee involvement) Hydro Systems) (Restrictive Specifications-sole (Lagoon Aeration Corp.) 18. Detroit, Michigan (V, 11-10-76) source) (Ingersoll-Rand) 29. Kansas City, Kansas (VII, 11-17- (timeliness--subtler) (Lotepro Corp.) *8. Washington Surburban Sanitary 77) (EXperience of equipment suppli- 19. Occoquan-Woodbridge (Potomac Commission, Maryland (111, 10-15-75) er) (Nichols Engineering & Research; Plant), Virginia (111, 11-12-76) (EO (equipment supplier listing; State law) and Zimpro) 11246-Washington Imposed Plan- (Volpe Construction Co. and John C. 30. Amherst, New York (11, 11-22-77) noncompliance) (Briscoe/Courter/ Grimberg Co.) (no technical review of "or equal" de- Conduit-Joint Venture) 9. Winter Haven, Florida (IV, 11-26- termination during prime contract 20. Danville, Illinois (V, 11-15-76) 75) (subcontractor listing work performance) (E. C. Smith & Asso- (Honeywell Corp.) amount) (Griffin Construction Co.) ciates) 21. Norwalk, Connecticut (L 11-16- 10. St. Joseph, Missouri (VI, 2-20-76) *31. Monterey Peninsula Water Pol- 76) (timeliness; but see sua sponte (Turzillo Contracting Co.) lution Control Agency, California (IX review) (Brunalli Construction Co.) *11. Miami-Dade Water and Sewer 12-9-77) (J. M. Bush) 22. Oxnard, California (IX, 12-1-76) Authority, Florida (IV, 3-11-76) 32. Passaic Valley Sewerage Commis- (design choice Issue) (BBR Prestressed (equipment item listing; bid shopping) sioners, Newark, New Jersey (11, 12- Tanks) (George Hyman Construction Co.) 10-77) (experience requirements; com- 23. Gregory, South Dakota (VIIL 1- 12. Rhinelander, Wisconsin (V, 3-31- petition) (BSP Division of Envirotech 4-77) (bid informality) (Schweigert 76) (substitution; business judgment) Corp.) Construction Co.) (EPCO-Hormel) Summary.Disposition(§ 35.939(k)). 24. Fredonla, New York (11, 2-28-77) 13. Lowell, Massachusetts (, 4-1-76) 1. Westchester County, New York (timeliness-subtler; restrictive specifi- (State law issues; business judgment; (, 3-3-76) (standing-trade associ- cation interpretation) (National Hydro substitution (United Electrical Con- ation; state law; vagueness) (General Systems) tractors) Building Contractors) 25. Rhode Island Statewide Planning 14. Lowell, Massachusetts (, 4-2-76) 2. Bridgewater, New Jersey (II, 3-31- Program (1, 3-4-77) (AE procure- (State law issues; business judgment; 76) (state procedures for A/E negotia- ment--standing-nonproposer) (C. E. -substitution) (Honeywell Corp.) tions) (Havens & Emerson) Maguire) 15. Danville, Illinois (V, 4-15-76) 3. Rhinelander, Wisconsin (V, 3-31- *26. Waterford, Connecticut (I, 3-4- (Honeywell Corp.) 76) (subcontractor issue limitation 77) (timelinezs-"or equal" challenge) *16. Upper Occoquan Sewer Authori- rule-substitution) (EPCO-Hormel) (New Ikor II) ty, Virginia (I, 6-24-76) (subcontrac- 4. Lowell, Massachusetts (I, 4-1-76) 027. York, Pennsylvania (II, 4-22- tor listing;, amount of work to be per- (state law-substitution) (United Elec- 77) (standing; subcontract limitation formed) (Savoy Construction Co.) trical Contractors) issues) (Union Carbide Corp.) 17. Amherst, New York (II, 7-2-76) 5. Lowell, Massachusetts (I, 4-2-76) 28. Omro, Wisconsin (V, 5-13-77) (substitution of supplier during prime (state law-substitution) (Honeywell (subcontract issue limitation rule) contract performance) (Air Products Corp.)" (Can-Tex) & Chemicals, Inc.) 6. Fredonia, New York (1I, 4-15-76) 29. Lynden, Washington MX5-16-77) 18. Denver (City and County), Colo- (timeliness-subtler) (Tenco Hydro/ (procedure-oral modification) (Ar- rado (VIII, 7-9-76) (Frank Briscoe) Aerosciences) comm Construction Co.)

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1973 29094 NOTICES

*30. Marion, North Carolina (IV, 5- 5. Sacramento, California (IX, 10-6- 21. Detroit, Michigan (V, 11-10-76) 17-77) (timeliness-subtier-admission 76) (specifying 0. & M. factors- (estoppel-bidder on second procure- against interest) (Carolina Concrete energy efficien6y) (Air Products and ment to challenge rejection of all bids Pipe Co.) Chemicals Inc.) on first) (Lotepro Corp.) 31. Bernice, Louisiana (VI, 6-1-77) 6. Oxnard, California (IX, 12-1-76) 22. Cleveland Regional Sewer Dis- (timeliness-subtier, restrictive specifi- (specification for digester prestress- trict (Southerly Plant), Ohio (V, 11- cation issue-performance curves) (Na- ing) (BBR Prestressed Tanks) 15-76) (restrictive specifications) tional Hydro Systems) 7. Orange County, California (IX, (Powercon Corp.) 32. Middlesex (Bound Brook Pump 11-2-77) (oxygen generation facilities 23. Norwalk, Connecticut (I, 11-16- Station), New Jersey (ii, 6-7-77) vs. alternate system) (Pentech Divi- 75) (letter to State) (Burnalli Con- (choice of law-state law-mistake sion of Houdaille Industries). struction Co.) issue) (Campenella Construction Co.) *24. Waterford, Connecticut (I, 12- 33. Middlesex (Sayreville Relief Time Limitations(§ 35.939(b)). 28-16) (restrictive specifications-or Pump Station), New Jersey (II, 6-9-77) 1. Denver, (City) Colorado (VIII, 4- equal; finality rule) (New Ikor I) (mistake-grantee intent) (Terminal 22-74) (waiver, reversed by new regula- 25. Fredonia, New York (II, 2-28-77) Construction Co.) tions) (Pinkard Donovan) (restrictive specfications-subtfer-- 34. Daytona Beach, Florida (VI, 6- 2. Hudson, Wyoming (VIII, 8-1-74) equipment acceptability determina- 14-77) (timeliness-subtier; grantee's (Environmental Equipment) tion) (National Hydro Systems) mailing of determination) (Key Power 3. Omaha, Nebraska (VII, 9-14-74) *26. Waterford, Connecticut (I, 3-4- Systems, Inc.) (Datamaster Div.-ACCO) 77) (restrictive speciflcations-or 35. San Francisco, California(IX, 6- 4. Henry, South Dakota (VIII, 9-15- equal) (New Ikor II) 20-77) (A/E procurement-time; 75) (Henningsen) *27. Dothan, Alabama (IV, 3-10-71) choice of law-state law) (McKee- 5. Oregon, Ohio (V, 11-6-75) (timeli- (restrictive specifications-or equal- Berger-Mansueto) ness as jurisdictional) (Ohio Control grantee reversed) (Infilco Degremont) 36. Sonoma, California (IX, 6-30-77) Systems) 28. Sioux City, Iowa (VII, 3-17-77) (timeliness, choice of law-state law) 6. Sunnyvale, California (IX,- 12-5- (P. C. Jensen) (restrictive specifications-rejection of 37. Newton, North Carolina (IV, 7- 75) (oral protest-revised by new regu- shop drawings necessary) (Ralph 17-77) (project grant ineligible) (Caro- lations) (ABF Contractors) Carter Co.: U.S. Enviro-Con) lina Concrete Pipe) 7. Butler -County (LeSourdesvifle 29, Puerto Rico Aqueduct & Sewer 38. Cayce, South Carolina (IV, 7-18- Plant), Ohio (V, 1-7-76) (restrictive Authority (II, 3-31-77) (carbon copy to 77) (timeliness-subtier) (Southeast- specifications-subtier-grantee final- local EPA office) (Blythe Industries ern Concrete) ity rule) (EPCO-Hormel) Inc.) *39. Oklahoma City, Oklahoma (VI, *8. Spokane, Washington (X, 1-9-76) 30. Pasadena, Texas (VI, 4-1-77) (re- 7-25-77) (subcontract issue limitation (restrictive specifications-grantee fi- strictive specifications-Subtler- rule) (Carborundum) nality rule) (BBR Pre~tressed Tanks) grantee finality rule) (Union Carbide 40. Jackson, Mississippi (IV, 8-19-77) 9. Palmer Lake, Colorado (VIII, 1- Corp.) (restrictive specification-pipe; compe- 16-76) (grantee finality rule) (Dugan 31. York, Pennsylvania (III, 4-22-77) tition) (American Cast Iron Pipe Co.) Construction Co.) (grantee finality rule stated) (Union 41. Huntington, Massachusetts (I, 8- 10. Predonia, New York (I, 4-15-76) Carbide Corp.) 29-77) (EEO-EO 11246 Certificate) (Tenco Hydro-Aeroseiences) 32. Marion, North Carolina (IV, 5- (Warner Brothers) 11. Denver (City and Countyl, Colo- 17-77) (restrictive specifications-ad- 42. Lower Salford, Pennsylvania (III, rado (VIII, 7-9-76) (Frank Briscoe) mission against interest), (Carolina 9-8-77) (EEO-EO 11246 Washington 12. Hancock, Michigan (V, 7-12-76) Concrete Pipe) Imposed Plan) (Gerngross Corp.) (grantee decision to use negotiated 33. Bernice, Louisiana (VI, 6-1-77) 43. Cumming, Georgia (IV, 9-28-77) procurement) (Maclean Construction (restrictive specifications-subtler- (state law-compel issuance of pay- Co.) performance data) (National Hydro ment and performance bond) (New- *13. Sacramento, California (IX, 9-9- Systems) kirk Construction Co.) 76) (restrictive specifications-or 34. Bradford, Vermont (I, 6-6-77) (no 44. Pepperell, Massachusetts (I, 11- equal-grantee's finality) (Air Prod- simultaneous mailing; contract action 22-77) (timeliness) (Catamount Con- ucts & Chemicals Inc.) as-grantee's final act) (Carvel Co.) struction Co.) *14. Sacramento, California (IX, 9- 35. Daytona Beach, Florida (IV, 6- 45. Bridgewater, New Jersey (II, 12- 13-76) (restrictive specifications-or 14-77) (letter of intent to file-subse- 2-77) (moot-state appellate determi- equal-grantee's finality) (Amoco Re- quent untimely filing) (Key Power nation) (Lombardo Construction Co.) inforced Plastics) Systems) 46. Monterey Peninsula Water Pollu- *15. North Shore Sanitary District, 36. San Francisco, California (IX, 6- tion Control Agency, California (IX, Illinois (V, 9-28-76) (restrictive specifi- 20-77) (A/E procurement-Newspaper 12-9-77) (subcontract limitation rule- cations-rejection of equipment- column as notice) (McKee-Berger- standing) (J. M. Bush) grantee finality rule) (Keene Corp.; Mansueto) System Design, Choice of (§§ 35.917 Premier Electric Co.) 37. Parsippany-Troy Hills, New and 35.939(j)(5)) (See also, Engi- 16. Deposit, New York (II, 10-5-76) Jersey (II, 7-8-77) (knowledge of neering Judgment). (Albin Construction Co.) grantee finality from totality of facts) 1. Hudson, Wyoming (VIII, 8-1-74) *17. Boynton Beach/Delray Beach, (Frank Briscoe) (Environmental Equipment Co.) Florida (IV, 10-14-76) (oral protest) 38. Cayce, South Carolina (IV, 7-18- *2. District of Columbia .(Blue (Ecological Services Products) 77) (restrictive specifications-pipe) Plains) (III, 2-20-75) (submerged tur- *18. Concord, North Carolina (IV, (Southeastern Concrete) bine aerators vs. without turbines) 10-14-76) (subtier-timely oral request 39. Canonsberg-Houston Joint Au- (Kenics Corp.) but untimely written) (Air Products & thority, Pennsylvania (III, 7-2-77) 3. St. Joseph, Missouri (VII, 2-20-76) Chemical Inc.) (National Hydro Systems) (specification amendment which de- 19. Lynn, Massachusetts (1, 10-21- 40. Cranberry Township, Pennsylva- letes use of a performance method) 76) (A/E procurement; grantee finality nia (I1, 9-30-77) (restrictive specifica- (Turzillo Contracting Co.) rule) (Clinton Bogert Associates) tions-preapproval) (Bay-Con Corp.) 4. Appleton, Wisconsin (V, 5-17-76) 20. Baton Rouge, Louisiana (VI, 11- 41. Pepperell, Massachusetts (I, 11- (engineering judgment) (Philadelphia 5-76) (restrictive specifications-sub- 22-77) (not decisional-statement of Mixers) tier) (National Hydro Systems) notice rule) (Catamount Co.)

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 NOTICES 29095

42. Ramsey, New Jersey (II, 12-2-77) 9. Cleveland Regional Sewer District (receipt of bid tabs does not start limi- (Westerly Plant), Ohio (V. 5-13-76) tation period) (P. & A. Construction (subcontractor list-broker issue) Co.) (Blount Brothers) Waiver. '10. St. Paul (Metropolitan Waste Control Commission), Minnesota (V, 1. Denver, (City) Colorado (VIII, 4- 12-3-76) (acknowledgement of adden- 22-74) (price omission-subtier (1 da) (Kvalsten Electric) item)) (Pinkard Donovan) 11. Gregory, South Dakota (VIII, 1- 2. Manitowoc, Wisconsin (V, 12-18- 4-77) (time schedule-work commence- 74) (grantee cannot waive failure to in- ment and completion) (Schweigert clude bid bond) (P. A. Lawrence Co.) Construction Co.) 3. Alexandria, Virginia (I1, 4-4-75) (non-computation of state taxes) *12. St. Paul (Metropolitan Waste (John C. Grimberg) Control Commission), Minnesota (V, *4. Woonsocket, Rhode Island (I, 6- 5-3-77) (listing of equipment of suppli- 20-75) (failure to complete EO 11246 ers; EO 11246 Certification; and unit Certification of prior work) (Westcott) price supplemental schedule-add/ 5. South Portland, Maine (I, 10-7-75) deduct price difference) (Palco; Kraus- (pump data) (Pizzagalli Construction Anderson) Co.) 13. Middlesex (Sayreville Relief 6. Cleveland Regional Sewer District Pump Station), New Jersey (Ir, 6-9-77) (Westerly Plant), Ohio (V, 11-3-75) (bid mistake-bidder intent test) (Ter- (rejection of all bids context-supply minal Construction Co.) of subitem) (Blount Brothers and 14. Ft.. Lauderdale, Florida (IV, 7-18- Darin & Armstrong) 77) (price omission-subtler) (Inman *7. Sunnyvalle, California (IX, 12-5- Corp.) 75) (handwritten prices; EO 11246 Cer- '15. Rawlins, Wyoming (VIII, 11-16- tificate; corporate by-laws-signor of 77) (late bid-5 minutes-other bids bid) (ABF Contractors) not opened) (Wind River Constructors 8. Monroe, Washington (X, 12-31-75) Inc.) (stated exception in bid to design specifications) (Will Construction Co.) [FR Doe. 78-18504 Filed 7-3-78; 8:45 am]

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978

WEDNESDAY, JULY 5, 1978 PART V

- =

I I

______DEPARTMENT OF LABOR Office of the Secretary

J mm w m

my YOUTH PROGRAMS. UNDER THE COMPREHENSIVE EMPLOYMENT AND

m TRAINING ACT m m mm Proposed Rule

m 29098 PROPOSED RULES [4510-30] (CETA) states that the Secretary may (1) a primary listing of proposed pro- prescribe rules and regulations as he jects not to exceed 100 percent of the DEPARTMENT OF LABOR deems necessary to carry out the pur- program funding estimate, and (2) a Office of the Secretary poses of CETA. Pursuant to this au- secondary listing of proposed projects thority, the Department of Labor is without dollar or number limitations [29 CFR Part 97] setting forth in this document pro- for future funding consideration. The posed changes to the Federal regula- conditions under which additional ap- YOUTH PROGRAMS UNDER THE COMPREHEN- tions governing two of the new youth proved project applications will be SIVE EMPLOYMENT AND TRAINING ACT programs, YETP and YCCIP. considered for future funding have Proposed Rulemaking Both programs are to be operated by also been included. CETA Title I prime sponsors, sponsors Section 97.616, Application for Fed- AGENCY: U.S. Department of Labor. of CETA Native American programs, eral Assistance, paragraph (b)(1) has ACTION: Proposed rules, changes and sponsors of CETA migrant and season- been revised to increase the comment corrections. al farmworker programs and such period for the appropriate labor orga- other agencies and/or organizations as nizations, from 15 to 30 calendar days. SUMMARY: This document contains designated by the Secretary under his Paragraph (b)(2) has been revised to proposed amendments to the regula- discretionary authority. The regula- indicate that the tions for the Youth Community Con- comment and publi- servation and Improvement Projects tions in this document do not apply to cation procedures in § 95.15 of this and the Youth Employment and Native American and migrant YETP title shall apply to YCCIP. Training Programs under the Youth and-YCCIP programs. These regula- Section 97.623, Eligibility for partici- Employment and Demonstration Pro- tions also do not apply to the Secre- pation, paragraph (a)(3) has been re- jects Act of 1977 (YEDPA). The pur- tary's YETP and YCCIP discretionary vised to clarify that an individual pose of this publication is to clarify funds. transferred from any other program under the Act must be age eligibile at existing provisions, facilitating consist- SUMMARY OF PiOPOSM) CHAxGES ency among provisions and correcting the time of his or her transfer into typographical and compilation errors. Section 97.602, Definitions, para- YCCIP. graph (a) the definition of "appropri- A new paragraph (f) has been added DATES: Comments must be received ate labor organization" has been to limit the enrollment of an Individu- on or before July 31, 1978. changed to clarify that a labor organi- al for this program to a maximum of FOR FURTIER INFORMATION zation shall meet the definition if it one year, with no more than two ter- CONTACT' has jurisdiction to represent employ- minations and re-enrollment: Pro- Robert Taggart, Administrator, ees in the eligible applicant's area in vided, That the age eligibility Is met at Office of Youth Programs, U.S. De- the same or substantially equivalent the time of each re-enrollment. This partment of Labor, 601 D Street jobs as those under YCCIP. provision reemphasizes the provision NW., Washington, D.C. 20213, phone Section 97.606;Reallocation of funds of § 97.611(c)(1) which requires all 202-376-7449. and § 97.607, Redistribution of funds, project applications to describe the ex- have been clarified to indicate that pected duration of employment under SUPPLEMENTARY INFORMATION: the RA shall initiate reallocation or each project and limits this-duration The Youth Employment and Demon- redistribution procedures as appropri- to not more than 1 year. stration Projects Act (YEDPA) of ate. Previously, the reallocation and Section 97.629, Materials, equip- 1977, Pub. L. 95-93, became effective redistribution provisions of these sec- ment, and supplies, paragraph (a) has on August 5, 1977. It amended the tions stated that the RA may under- been revised to clarify that the provi- Comprehensive Employment and take such actions rather than stating sions of § 98.12(c) which prohibit the Training Act (CETA) of 1973 by that such actions are required under use of CETA funds for the costs of adding several new programs for certain circumstances. ' materials which become a part of the youth. The purpose of these new pro- Section 97.610, Project planning construction, do not apply to YCCIP grams is to employ and increase the future employability of young persons, process, paragraph (c) has been ex- projects. to help coordinate and improve exist- panded to suggest the methods for no- Section 97.631, Limitation on the use ing career development, employment tifying the public of the project appli- of funds, paragraph (b)(3) has been re- and training programs, and to test dif- cation process and time frames for ac- vised to clarify that materials and sup- ferent approaches in solving the em- ceptance of project applications. Previ- plies which become part of the con- ployment problems of youth. YEDPA ously no provision on the methodology struction project may be chargeable to contains four distinct programs: (1) for public notification existed. a training costs category provided The Young Adult Conservation Corps Section 97.613, Project approval, these costs are incurred for partici. (YACC) which emphasizes the partici- paragraph (a) has been expanded to pants in either a work environment or pation of youth in needed conserva- require a review by the youth and classroom training. tion work on our Nation's public lands; planning councils of the project ap- Section 97.702, Definitions, para. (2) Youth Incentive Entitlement Pilot proval criteria established. This is a graph (a) the definition of "appropri- Projects (YIEPP) designed to -test the new provision. ate labor organization" has been effect of a year round structured work Section 97.614, Project prioritization, changed to clarify that a labor organi. experience as an entitlement to en- paragraph (a)(2) has been omitted to zation shall meet the definition if it courage school completion; (3) Youth .eliminate the 25 percent limitation in has jurisdiction to-represent employ- Community Conservation and Im- ranking the additional approved proj- ees in the eligible applicant's area in provement Projects (YCCIP) designed ect applications. A new paragraph the same or substantially equivalent to provide jobs and employment expe- (a)(2) has been added to state that any jobs as those under YCCIP. rience for youth in community better- additional approved project applica- Paragraph (c) the definition of a ment projects; and (4) Youth Employ- tions may be ranked and submitted to "community based organization," for ment and Training Programs (YETP) the RA for consideration of future YETP has been revised to clarify that structured to make available to youth funding. the specific organizations listed in the a broad range of employment and Section 97.615, Submission of the regulations do not preclude other or- training services designed locally and proposed plan, paragraph (b) has been ganizations that may be community adapted to local needs. changed to allow prime sponsors to based. Section 702(a) of the Comprehensive submit two separate listings of pro- Section 97.704, Reallocation of Employment and Training Act posed prioritized project applications, funds, paragraph (b) and (d) has been

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 PROPOSED RULES 29099 clarified to indicate that the RA shall § 97.606 Reallocation of funds. (1) A primary listing of prioritized initiate reallocation procedures as ap- The RA shall reallocate funds from proposed projects not to exceed 100 propriate. Previously the provisions one State to another when the RA de- percent of the program funding esti- stated that such actions may be under- termines that an eligible applicant will mate; taken. not be able to use the funds within a (2) A secondary listing of prioritized Section 97.705, Eligible applicant reasonable period of time and that no proposed projects without dollar or planning process, paragraph (b)(3) has other eligible applicant within the number limitations. This second list- been changed to more clearly define same State will be able to effectively ing will be considered for future fund- the role and responsibilities of the use the funds within a reasonable ing in instances where: prime sponsors youth council. period of time. The notice and com- (I) Projects submitted within the 100 Paragraph (c)(2)(i) has been ment procedure described In § 98.11(d) percent are not acceptable to the RA; changed to require that the plan be of this title will apply to such realloca- (it) A project Is subsequently found submitted to CBO's at least 30 days ,Pons, except that the reference in to be non-productive or is withdrawn; prior to the submission of the youth § 98.11(d) to § 98.11(c) (concerning or plan to the RA. reallocation based on need) does not (ill) Additional funds become availa- Paragraph (d) has also been changed apply. ble. to require that the plan be submitted (3) Prime sponsors submitting a sec- to the appropriate labor organizations § 97.607 Redistribution of funds. ondary listing will be given primary at least 30 days prior to the submis- consideration for receipt of additional The RA shall redistribute funds, funding. sion of the youth plan to the RA. after a grant has been signed, from A new paragraph (e) has been added one eligible applicant to another § 97.616 Application for Federal assist- to provide a fair selection process and within the State when: a publication process to bring the com- ance. petition to the attention of communi- a a * ty based and other eligible private non-profit organizations. Also included § 97.610 Project planning process. (a) is a requirement for written notifica- (b)(1) Where there is an appropriate tion to all applicants of subsequent labor organization, It shall be given funding or non-funding. either the complete proposed plan or a Section 97.709, Narrative descrip- (a) a a a summary of the proposed plan which tion, paragraph (a) has been changed (b) a * a includes a list of all job classifications to include an occupational summary. (c) Each eligible applicant shall es- and wage rates and afforded 30 calen- Section 97.711, Youth plan, review tablish procedures for its own use and dar days to make written comments to and approval, paragraph (a) has been the use of any program agent(s) which the eligible applicant prior to the submission of the proposed .plan to the changed to require that procedures will assure that potential project ap- RA. stated in § 95.15 will be followed. plicants (as defined in § 94.4 (ppp) of Section 97.714, Eligibility for partici- this title), particularly neighborhood (2) The comment and publication pation, pairagraph (c) has been revised and community-based organizations procedures provided In § 95.15 of this to clarify that an individual trans- are notified of the project application title shall apply to YCCIP. ferred from any other program under process and the cut-off date for ac- the Act must be age eligidle at the ceptance of project applications: The § 97.623 Eligibility for participation. time of transfer into YETP. method of notification may be public * a a a a Section 97.717, In-school programs, hearings or public notice In newspa- paragraph (b)(6) has been changed to pers,, bulletins, or other appropriate (a) * a a reduce the time limit for signature of media. (3) If at the time of enrollment into agreements with local educational any other program under the Act, a agencies (LEA's) from 60 days to 45 § 97.6i13 Project approval. 16- through 19-year-old youth was un- days after submission to the RA. An (a) Criteria shall be established by employed, that individual may be option is being proved to allow for the the eligible applicant to be used con- transferred into this program: Pro- certification of an existing or revised sistently by Itself and program agents vided, The individual meets the age agreement. for evaluating and approving project eligibility at the time of transfer. Section 97.722, Governors' youth appliications. These criteria are subject (e) a a * programs, paragraph (b) has been re- to r -view and comment by the Youth (f) Each participant shall be limited vised to include the reference to and Planning Councils. to a maximum enrollment of I year § 97.715 in determining eligibility for with no more than two terminations participation for the Governors' youth a a a a a and re-enrollments provided age eligi- programs. This reference was inad- bilty is met at the time of each re-en- vertently omitted in the publication of § 97.6 14 Project prloritization. roliment. However every effort should the final rules. be made to transition participants into Accordingly, 29 CFR Part 97 are pro- a , a a a unsubsidized jobs or other CETA opposed to be amended as follows: portunities upon completion of the (a) .. a.. one year enrollment. Subpart G-Youth Community Conservation and Improvement Projects (2) It shall then rank those addition- § 97.629 Materials, equipment, and sup- al approved project applications, if plies. § 97.602 Definitions. any, for future fumding consideration. (a) Funds may be expended subject (a) "Appropriate labor organization" to the limitation of § 97.631 for the ac- shall mean a labor organization that § 97.615 Submission of the proposed plan. qulsition, lease or rental of supplies, has jurisdiction to represent employ- equipment and materials. The provi- ees in the eligible applicant's area in sions of §98.12(c) of this title which the same or substantially equivalent (a) a * prohibits the use of funds for the costs jobs as those proposed to be filled or (b) Each eligihble applicant shall of materials which become a part of already filled by YCCIP participants. submit two separatte lists of project ap- the construction do not apply. plicatios prioritized in accordance * a a * with the provisions of § 97.614: * a a a

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978 29100 PROPOSED RULES § 97.631 Limitation on use of funds. ments. The procedures set forth in (Iii) Written notification to all appli. * * .* * $ § 98.11(d) apply to such reallocations. cants of subsequent funding or written explanation of the reasons for disap- (a) * * * GRANT PLANNING, ApPLCATION AND proval of funding. (b)*** MODIFICATION PROCEDURES (3) Any §97.709 Narrative remaining funds may be § 97.705 Eligible applicant planning proc- description; program used for training of participants, mate- ess. and planning forms; additional docu. rials, equipment, supplies, on-site su- mentation. pervisors, and supportive services, etc. * S * $ * (a) * * * Such materials and supplies which (9) Occupational summary become a patt of the construction (b) * * * project may be chargeable to a train- (3) The youth council shall advise * * * * * ing cost category provided these. costs the sponsor in setting basic goals, poli- are incurred for participants in either cies and procedures for its YEDPA § 97.711 Youth Plan, review and approval. a work environment or classroom - subpart 3 program, make recommen- (a) Comment and publication proce- training. dations regarding program plans, and dures. The procedures of § 95.15 of provide for continuing Subpart H-Youth Employment and Training analyses of this title shall apply to YETP. needs for employment, 'training and Program related services. The youth council * * S * * will also monitor all YETP programs § 97.702 [Amended] -and evaluate youth programs in the § 97.714 Eligibility'for participation. (a) "Appropriate labor organization: prime sponsor area for the purpose of Shall mean a labor organization improving the utilization and coordi- * * * * * that nation of the has" jurisdiction to represent .employ- delivery of such services. The council shall make recommenda- (c) If at the time of enrollment into ees in the eligible applicant's area in any other program under the act, an the same tions based upon its analyses to the or substantially equivalent prime sponsor. individual met the eligibility require- jobs as those proposed to be filled or ments of paragraph (a) of this section, already filled by YETP participants. (c) * * * (2) * * * and is still age eligible, that individual (b) * * * is eligible to transfer (c) (i) Thirty days prior to submission of from that other "Community based organization program into YETP, and (CBO)" the proposed youth plan to the RA into YETP shall mean a private nonprofit either the complete career employment experience if the organization which is representative youth plan or a of summary of the proposed youth plan individual also meets the requirements a community or of particular segments of paragraph (b) of this section. of will be submitted to such CEO's. If a a community and which can provide summary is submitted, employment and training it shall include services. at a minimum * § 97.717 In-school program Such organizations may include but ** (d) Appropriate labor • * are not limited to Opportunities organizations. * * * In Each eligible applicant shall afford ap- dustrialization Centers, the 'National (b) * * * ' propriate labor organizations an op- Urban League, SER-Jobs for Progress, portunity (6) Agreements Mainstream, Community to participate in the devel- for the use of the In- Action-Agen- opment of, its youth plan by giving school finds under this section must cies, union-related organizations, em- them an opportunity be signed by the eligible ployer-related nonprofit organizations, to comment on applicant and either the full youth plan or a sum- local educational agencies no later neighborhood organizations, private mary of the than 45 days after nonprofit youth serving youth plan which includes initial submission agencies con- at least any proposed job classifica- of the YETP plan to the regional cerned with youth employment and office for review other tions and wage rates. The plan or sum- and approval. This similar organizations of demon- mary shall be sent may be a new agreement strated to the appropriate or a certifica- effectiveness. labor organizations at least 30 days tion that the existing agreement re- § 97.704 Reallocatioilprocedures. prior to the submission of the youth mains the same or that it is revised as plan described In * to the RA, and any comments re- attachments to the certi- (a) * * ceived must be considered prior fication. All certification and revision (b) The to the RA shall reallocate funds submission of the youth plan to the information shall be included as part awarded to an eligible applicant if the RA. of the YETP grant RA documentation, If determines that the eligible appli- (e) Competitive selection an agreement is not reached within will process. (1) 45 cant not be able to use the funds Except for in-school programs funded days, the RA shall initiate the reallo- within a reasonable period of time as under the 22 percent cation process as required determined LEA agreements, by section by the RA [section selection of service deliverers for pro- 97.704 of this subpart. 354(b)]. gram activities shall * * be based upon a (c) * fair and open process which provides § 97.722 Governors' youth programs. (d) The procedures set forth in for special consideration to communi- * $ S * * § 98.11(b) of this title shall apply to ty based and other eligible the reallocation private of funds based on _non-profit organizations, which can (b) Eligibility for participation.In- non-performance. provide employment and training dividuals participating in programs (e) ser- If all proposed LEA agreements vices in the prime sponsor's jurisdic- using funds allocated pursuant to or certifications to existing agree- tion. § 97.703(b)(2) must meet the ments eligibility under a grant are not signed by (2) Such a competitive process shall criteria provided in §§ 97.714 or 97.715 the eligible applicant and the LEA(s) consist of the following elements: (sec. 345). within 45 days after the initial submis- (I) Announcement using appropriate sion of the YETP plan to the RA for Signed at Washington, D.C., this media methods in order to bring the 16th day of June 1978. review and approval, the RA shall ini- competition to the tiate attention of com- reallocation procedures for that munity based and other eligible profit, ERNEST G. GREx portion of the 22 percent of the eligi- and nonprofit organizations. Assistant Secretaryfor ble applicant's funds which were re- (i) Use of published criteria to Employment and Training, quired to be covered under LEA agree- evaluate -applications; and [FR Doc. 78-18515 Filed 7-3-78 8:45 am]

FEDERAL REGISTER, VOL 43, NO. 129-WEDNESDAY, JULY 5, 1978