27282 27299 27298 27281 27302 27290 27289 27279 - 27314 ..... ------27303 ...... 27314 ...... - ...... 27289 - ...... 27304 ...... - ...... - ...... - ...... (Continued inside) ...... - - ......

...... - . FDA extends temporary permit for market testing for FDA proposes use of enzyme modified cheese as ucts; comments by 12—3—73 optional ingredient in certain processed cheese prod­ certain pasteurized process cheese line, line, diesel fuel and heating oil; effective 9—28 and tive 9-9-73 CLC adopts regulations regarding incidental manu­ 9-307-73 current costs for food manufacturing activities; effec­ CLC adjust ceiling prices charged by retailers of gaso­ CLC revises methods for computing base costs and and wholesalers; effective 9—17—73 facturing and service activities conducted by retailers NEW DRUGS— FDA withdraws approval of antihyperten­ BIOLOGICAL PRODUCTS— FDA adds standards for Leuko­ sive combination; effective 10—12—73 move certain restrictions on second-class publications; MAIL CLASSIFICATION— Postal Service proposes to re­ cyte Typing Serum; effective 10—2—73 NONFOOD ASSISTANCE PROGRAMS— USDA announces comments by 11—1—73. MEAT INSPECTION— USDA proposes amendments re­ 1 2 -1 4 -7 3 FOOD STANDARDS— third apportionment of nonfood assistance funds garding classification of meat products; comments by RAILROAD standards SAFETY— for locomotives FRA engaged in switching proposes service; safety appliance HISTORIC PLACES— NPS amends list of properties. - 27307 retraction force required for emergency-locking type comments by 10—31—73 seat belts; comments by 11—2 -7 3 AIRPORT CERTIFICATION— FAA extends time for filing Proclamation of certain reports by holders of airport SEAT operating cer­ BELT RETRACTORS— DOT proposes decreasing PHASE IV— tificates; effective 1 0 -4 -7 3 ...... 27292 COUNTRY MUSIC MONTH, OCTOBER 1973— Presidential HIGHLIGHTS OF THIS ISSUE tablecontents of appears inside. of any document published thisin issue. Detailed Pages Pages 27273—27343! This listing does notthe affect legal status Volume Volume 38 ■ Number 190 TUESDAY, OCTOBER 2, WASHINGTON, 1973 D.C.

October 2, 1973— Pages 27273-27343 REMINDERS

Note: There were no items published after October 1, 1972, that are eligible for inclusion in the list of B xjles G oing Into Effect T oday.

/ s A Published daily, Monday through Friday (no publication on Saturdays, Sundays, or on official Federal * ^ holidays) ’ ky the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.C. 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C., $ Ch- 15) and tbe regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I ) . Distribution ^ is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

The F ederal R egister provides a uniform system for making available to the public regulations and legal notices issued by the Executive Branch of the Federal Government. These include Presidential proclamations and Executive orders and Federal agency documents having general applicability and legal effect, documents required to be published by Act of Congress and other Federal agency documents of public interest.

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FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 HIGHLIGHTS— Continued

DOMESTIC POLICY— Federal Open Market Committee Transportation Department: National Motor Vehicle issues directive on economic activity...... :...... „ ...... 27332 Safety Advisory Council (2 documents), 10—9 through 1 0 -1 1 -7 3 ...... 27317 FOREIGN CURRENCY OPERATIONS— FRS issues lists of Labor Department: BRAC Committee on Occupational foreign banks maintaining reciprocal currency arrange­ Safety and Health, 10—23—73...... 27340 ments with NY Federal Reserve Bank...... 27332 BRAC Committee on Wages and Industrial Relations, 1 0 -2 3 -7 3 ...... !...... 27340 MEETINGS— GSA: Regional Public -Advisory Panel on Architectural Army Department: Winter Navigation Board on Great and Engineering Services, 10-4 and 10-5—73...... 27324 Lakes and St. Lawrence Seaway, 10-12—73...... 27306 EPA: Technical Advisory Group to Municipal Waste Coastal Engineering Research Board, 1 0 -9 -7 3 Water Systems Division, 10-22 and 10—23—73...... 27319 through 10-11—73...... ------27306 AEC: General,Advisory Committee Research Subcom­ State Department: Government Advisory Committee mittee, 10-8 and 1 0 -9 -7 3 ...... »...... 27341 on International Book and Library Programs, 10-25 Advisory Committee on Reactor Safeguards Work­ and 1 0 -2 6 -7 3 ...... 27306 ing Group on Peaking Factors, 1 0 -1 0 -7 3 ...... 27341 National Science Foundation: Advisory Panel for CLC: Food Industry Wage and Salary Committee, Oceanography, 10—24 and 10—25—73...... 27338 1 0 -4 -7 3 ...... '...... 27342 Advisory Panel for Biochemistry, 10-19 and 1 0 -2 0 -7 3 ...... J...... «... 27339 MEETINGS CANCELLED— Advisory Panel for Physics, 10—11 through HEW: National Professional Standards Review'Council 1 0 -1 3 -7 3 ...... 27338 Interior Department: Committee on Minority Participa- ^ " Subcommittee on Policy Development, 1 0 -6 -7 3 ...... 27316 Cancer Control Advisory Committee, 10-4—73...... 27315 tion in Earth Science and Mineral Engineering, 1 0 -1 2 -7 3 ...... - 27307 National Academy of Sciences: National Research HEW: National and State Advisory Councils on Voca­ Council, conference on health effects of air pollutants, tional Education, 1 1 -8 and 1 1 -9 -7 3 ...... 27315 10-3 through 10—5—73...... ,...... 27337

Contents THE PRESIDENT ATOMIC ENERGY COMMISSION Notices Notices Food Industry Wage and Salary Proclamations Advisory Committee on Reactor Committee; closed meeting___ 27342 Country Music Month, October Safeguards’ Working Group on CUSTOMS SERVICE , 1973 ______27279 Peaking Factors; amendment to notice of meeting------,------27341 Notices EXECUTIVE AGENCIES General Advisory Committee Re­ Jos. Jurisich Transfer & Storage, search Subcommittee; m eeting- 27341 Inc.; revocation of customhouse AGRICULTURAL MARKETING SERVICE Philadelphia Electric Co.;.assign­ cartman’s license______27306 Proposed Rules ment of members of Atomic Onions grown in South Texas; de­ Safety and Licensing Appeal DEFENSE DEPARTMENT cision on amendment to market­ Board ______. ___ 27340 See Army Department. ing agreement and order; refer­ Tennessee Valley Authority; issu­ endum order______27297 ance of amendment to facility DOMESTIC AND INTERNATIONAL operating license______27340 BUSINESS ADMINISTRATION AGRICULTURE DEPARTMENT CIVIL AERONAUTICS BOARD Notices See also Agricultural Marketing Notices Consolidated decision on applica­ Service; Animal and Plant Hearings, e tc .: tion for duty-free entry of Health Inspection Service; Fed­ Transatlantic Route Proceed­ scientific articles: eral Crop Insurance Corpora­ ing ______27317 University of Hawaii, et al____ 27312 tion; Food and Nutrition Serv­ Trans World Airlines, Inc____ 27318 University of Wisconsin, et al__ 27311 ice; Soil Conservation Service. COMMERCE DEPARTMENT Rules and Regulations EDUCATION OFFICE Director, Office of Information See Domestic and International Notices Systems; delegation of author­ Business Administration. National Advisory Council on ity ______27281 Vocational Education; public COMMITTEE FOR THE IMPLEMENTATION h ea rin g______27315 ANIMAL AND PLANT HEALTH INSPECTION OF TEXTILE AGREEMENTS SERVICE Notices ENVIRONMENTAL PROTECTION AGENCY Proposed Rules Certain cotton textile products; Rules and Regulations Certain products with meat in­ classification in category 26 and Implementation plans; extension. 27286 2 7 ____ 27318 gredients; exemption from defi­ Notices nition of a “ meat food product” . 27298 COST OF LIVING COUNCIL Implementation plans; extension a r m y d e p a r t m e n t Rules and Regulations o f comment period______27318 Phase IV prices: Technical Advisory Group to the Notices Incidental manufacturing and Municipal Waste Water Systems Coastal Engineering Research service activities conducted Division; meeting______27319 Board; meeting______27306 by wholesalers------27289 West Virginia Air Quality Plan; Winter Navigation Board on Great Sales of gasoline; adjustment public hearing______27319 Lakes and St. Lawrence Seaway; to retail ceiling______27290 advisory committee meeting___ 27306 Stage B for food______’_ 27289 (Continued on next page) 27275

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 27276 CONTENTS

FEDERAL AVIATION ADMINISTRATION New York State Electric and Gas FOOD AND NUTRITION SERVICE Rules and Regulations C o r p ------27328 Rules and Regulations Airports and heliports unsched­ Northwest Pipeline Corp. and School breakfast and nonfood as­ uled operations; extension of El Paso Natural Gas Co_____ 27328 sistance programs and State ad­ reporting dates______27294 Roy A. G odfrey—______27330 ministrative expenses; third ap­ Control zone; alteration.______27294 Sierra Pacific Power Co______27331 portionment of funds___ ——_ 27281 Controlled and special use air­ FEDERAL RESERVE SYSTEM space;' designation of tempo­ GEOLOGICAL SURVEY rary joint use; restricted area Notices Notices and alteration.,______27292 Acquisition of banks: Committee on Minority Participa­ Restricted area; alteration______27294 Alabama Bancorporation_____ 27332 tion in Earth Science and Min­ Transition area; designation____ 27294 First at Orlando Corp______27334 eral Engineering; public meet­ Proposed Rules First National Financial C o r p „ 27335 ing ------— _____ 27307 Transition area; alterations (5 First Tennessee National Corp__ 27336 documents) ___------27300, 27301 First United Bancorporation, GENERAL SERVICES ADMINISTRATION Notices Notices I n c ------27336 Regional Public Advisory Panel on Commissioning of Airport Control Old Kent Financial Corp_____ 27336 Towers: Twin Gates Corp. and Northern Architectural and Engineering Services ; meeting______27324 Tacom a-Industrial Airport——. 27316 States Bancorporation, Inc_ 27337 Tuscaloosa, Alabama______27316 United First Florida Banks, Inc. HEALTH, EDUCATION, AND WELFARE Vero Beach, Florida—— — — 27316 (2 documents)______27337 DEPARTMENT Charterbank, ihc.; formation of FEDERAL COMMUNICATIONS bank holding company______27332 See also Education Office; Food COMMISSION Federal Open Market Committee and Drug Administration; Na­ Proposed Rules (5 documents)____ 27331, 27332 tional Institutes of Health. FM Broadcast stations in Lexing­ First National Holding Corp.; or­ Notices ton, Mo.; table of assignment_ 27303 der approving retention of Administrator,- Alcohol, Drug Notices Thorpe and Brooks Inc______27335 Abuse, and Mental Health Ad­ Pacifica Foundation; hearing—— 27320 First United Bancorp., Inc.; pro­ ministration; authority delega­ posed acquisition of Bankers tion (2 documents)—______27315 FEDERAL CROP INSURANCE Computer Services, Inc______27336 National Professional Standards CORPORATION Order approving acquisition of Review Council; Subcommittee Ruies and Regulations bank: on Policy Development; can­ Discontinuance of insurance in Fidelity American Bankshares— 27332 cellation of meeting______27316 counties previously designated First Alabama Bancshares. Inc. Public Health Service; reorgani­ for cotton crop insurance_____ 27282 (2 docum ents)______27333 zation order______27316 Notices First Banc Group, Inc__ :_____ 27334 Southeast Banking C orp..__ 27336 INTERIOR DEPARTMENT Oranges in California; filing ap­ FEDERAL RAILROAD ADMINISTRATION See also Fish and Wildlife Serv­ plications for crop insurance__ 27310 ice; Geological Survey; Land Proposed Rules FEDERAL MARITIME COMMISSION Management Bureau ; National Locomotives, used in switching Park Service. Notices service; railroad safety appli­ Certificates of Financial Respon­ ance standards______27302 Rules and Regulations sibility (oil pollution) (2 docu­ Contract clauses; Nebraska sales ments) ______27322, 27323 FISH AND WILDLIFE SERVICE and use tax______27287, 27288 Criteria for established level of Rules and Regulations Notices military rates______27321 Quinault National Fish Hatchery, Non vessel operating common car­ Missisquoi National Wildlife Ref­ uge, Vermont; hunting______27289 Washington; availability of rier in the domestic offshore draft environmental statement. 27310 trades; extension of time for fil­ ing schedule______27321 FOOD AND DRUG ADMINISTRATION INTERSTATE COMMERCE COMMISSION United States Gulf/Japan Cot­ Rules and Regulations Notices 1 ton Pool; filing of agreement 27321 Leukocyte typing serum; addi­ Assignment of hearings____ :___ 27341 FEDERAL POWER COMMISSION tional standards______27282 Motor Carrier Board Transfer Notices proceedings______27341 Proposed Rules Motor carrier transfer proceed­ Certificates and abandonment of ings ______1______27342 service; applications and peti­ Enzyme modified cheese; use as optional ingredient______27299 tions ______;______27325 JUSTICE DEPARTMENT National Power Survey Executive Notices Rules and Regulations Advisory Committee, Technical Advisory Committees; establish­ Applications for immunity orders. 27285 Advisory Committees and Task ment ______27313 Forces; order designating addi­ L. D. Schreiber Cheese Co., Inc.; LABOR DEPARTMENT tional members______27327 extension of temporary permit See Labor Statistics Bureau. Hearings, etc.: for market testing regarding Amerada Hess Corp______27324 pasteurized process cheese de­ LABOR STATISTICS BUREAU Arkansas Louisiana Gas Co____ 27325 viating from identity stand­ Notices Colorado Interstate Gas Co____ 27325 ards ______27314 Meetings of the Business Research Columbia Gas Transmission Mallinckrodt Chemical Works; Advisory Council’s Commit­ C o rp ------27326 antihypertensive combination tee on: Mississippi Power and Light Co_ 27327 containing a veratrum alkaloid; Occupational Safety and Mississippi River Transmission withdrawal of approval of new Health ______27340 Corp ______27327 drug application______27314 Wages and Industrial Relations- 27340

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 CONTENTS 27277

LAND MANAGEMENT BUREAU NATIONAL RESEARCH COUNCIL SOIL CONSERVATION SERVICE Notices Notices Notices Colorado; filing o f plat o f survey— 27306 Availability of final environmental Outer continental shelf off Louis­ Conferences of Health Effects of statements: iana; nominations for gas and Air Pollution; program------— 27337 Big Running Watershed Proj­ oil leasing area______27307 ect ______27310 NATIONAL SCIENCE FOUNDATION Spring Board Watershed Proj­ NATIONAL HIGHWAY TRAFFIC SAFETY Notices ect ______27311 ADMINISTRATION STATE DEPARTMENT Proposed Rules Meetings of the Advisory Panels: Emergency locking seat belt re­ Biochemistry and Biophysics— 27339 Notices tractors attached to lap belts; Oceanography------27338 Government Advisory Committee reduction of minimum retrac­ P h y sics______27338 on International Book and Li- brary Programs; meeting._____ 27306 tion force—______27303 POSTAL SERVICE Notices TARIFF COMMISSION National Motor Vehicle Safety Ad­ Proposed Rules Notices visory Council; public meetings Second-class publications; pro­ G.A.P. Corp.; workers petition for (2 docum ents)______27317 posed limitation of size of cou­ determination; investigation— 27340 NATIONAL INSTITUTES OF HEALTH pons or application or order Germanium point contact diodes; form s______— 27304 determination of no injury------27339 Notices TRANSPORTATION DEPARTMENT Cancer Control Advisory Commit­ SMALL BUSINESS ADMINISTRATION tee; cancellation of meeting----- 27315 See Federal Aviation Administra­ Notices tion; Federal Railroad Admin- NATIONAL PARK SERVICE Medical Center Venture Capital, istration; National Highway Notices Traffic Safety Administration. National Register of Historic Inc.; application for license as a Places; additions, deletions or small business investment com­ TREASURY DEPARTMENT corrections_____ !______27307 pany ______27324 See Customs Service.

FEDERAL REGISTER, VOL. 38, N O . 190— TUESDAY, OCTOBER 2, 1973 27278 CONTENTS List of CFR Parts Affected

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

3 CFR 14 CFR 40 CFR P roclamation 71 (3 documents) 27292-27294 51______27286 73 (2 documents) 4247______27279 27292-27294 41 CFR 139 _ _ .______27294 6 CFR 9 - 7 „ ______„ 27287 Proposed R ules: 9-16______27288 150 (3 documents) 27289, 27290 71 (5 documents) 27300, 27301 9-51______— 27288 14-7— ____ — 27288 7 CFR 21 CFR 2____ ;______27281 273 _ 27282 47 CFR 220- ______27281 Proposed R ules: P roposed R u l e s : 401______27282 19 ______27298 73— ______27303 P roposed R u l e s : 49 CFR 28 CFR P roposed R u l e s : 959______-,„2 7 2 9 7 0______„2 7 2 8 5 231______27302 9 CFR 39 CFR 571— ______27303 P roposed R u l e s : P roposed R u l e s : 50 CFR 303______27297 132_/______1— ______27304 32______— 27289

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 Presidential Documents

Title 3—The President

PROCLAMATION 4247

W e do not truly know America until, in Whitman’s phrase, we “ hear America singing”— singing not only the songs of concert stage and night- dub, choir l.oft and schoolroom, but also the earthy, emotion-packed melodies and lyrics that have come to be called “ country.”

At one time, that particularly rich and honest strain in the American musical tradition was largely confined to the geographic areas its name implies: the countryside and Western ranges of Americas heartland. But half a century ago, in 1923, Fiddlin’ John Carson broke through with the first widely popular country music recording, and since then records and the broadcast airwaves have been winning new audiences for country and Western music all over America and around the world— so that now the term describes not just a locale but a state of mind and style of taste, as much beloved downtown as on the farm.

Today, no matter where men and women happen to live, country music may be one of the truest voices speaking to and for them. All of us can better understand our Nation’s head and heart by listening to “ hear America singing” in that voice.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, ask Americans to mark the month of October, 1973, with suitable observances as Country Music Month.

IN WITNESS W HEREOF, I have hereunto set my hand this twenty- ninth day of September, in the year of our Lord nineteen hundred and seventy-three, and of the Independence of the United States of America the one hundred ninety-eighth.

[FR Doc.73-21096 Filed 10-1-73 ; 11:10 am]

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973

27281 Rules and Regulations

This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each month.

Title 7— Agriculture Section 2.78, Paragraph (a) (10) (i) is Total Witheld deleted. apportion­ State for SUBTITLE A— OFFICE OF THE SECRETARY State J oseph R. W right, Jr., ment agency-. private OF AGRICULTURE schools Assistant Secretary PART 2— DELEGATIONS OF AUTHORITY for Administration. BY THE SECRETARY OF AGRICULTURE Tennessee__ $256,284 $253,944 $2,340 Texas______681,687 657,861 23,826 AND GENERAL OFFICERS OF THE DE­ S eptember 27, 1973. Trust Territory___ v . PARTMENT [FR Doc.73-20934 Filed 10-1-73;8:45 am] Utah...... 166,057 166,057 V erm on t..______; 110,690 110,690 Subpart J— Delegations of Authority by the Virginia______253,538 243,275 10,263 Assistant Secretary for Administration Virgin Islands______9,180 9,180 CHAPTER II— FOOD AND NUTRITION Washington------195,005 176,267 18,738 D irector, O ffice of I nform ation West Virginia______145,214 133,714 11,500 SERVICE, DEPARTMENT OF AGRICUL­ Wisconsin______429,510 389,298 40,212 S y s t e m s TURE Wyoming______26,623 26,623 Sections 2.76 and 2.78, Title 7, Code of PART 220— SCHOOL BREAKFAST AND T o ta l...... 21,000,000 20,143,617 856,383 Federal Regulations, are amended to NONFOOD ASSISTANCE PROGRAMS transfer the authority relating to or­ AND STATE ADMINISTRATIVE EX- ganizational analysis and planning and PENSES Pursuant to. section 5(b) and 5(e) o f the authority to authorize organiza­ the Child Nutrition Act o f 1966, as tional changes from the Director, Office Appendix— Third Apportionment of Non­ amended, Pub. L. 89-642, 80 Stat. 887, food Assistance Funds Pursuant to Child nonfood assistance funds available for of Personnel, to the Director, Office of Nutrition Act of 1966, Fiscal Year 1973 Information Systems. the fiscal year ending June 30, 1973, are Section 2.76 is amended by revising Pursuant to section 5 of the Child Nu­ apportioned among the States as paragraph (a) (1) and by adding a new trition A ct o f 1966, Pub. L. 89-642, 80 follow s: paragraph (a) (9) and paragraph (b) to Stat. 887, nonfood assistance funds Section 5(b) read as follows: availablè for the fiscal year ending § 2.76 Director, Office o f Information Total Witheld June 30, 1973, are reapportioned among State apportion­ State for Systems. ment agency private the States as follows: schools (a) * * * (1) Administer the Department’s Total Witheld State apportion­ State for Alabama._==^==2 $292,626 $289,195 $3,431 management improvement program in­ ment agency private 10,862 10,862 schools Arizona ______1 102,957 102,957 cluding the provision of assistance to Arkansas.—_j 161,565 161,110 455 agencies through management studies, 619,885 619,885 organizational analysis and planning; Alabama...... v.:—: $292,626 $289,195 $3,431 Colorado______j 117,790 114^099 3,691 36,289 36,289 68,260 68,260 -- —»•—.--- -- review the management and operating Arizona______.... 203,096 203; 096 23,487 23,487 “n r ñ “ “ ' policies and processes, search for more Arkansas______161,565 161,110 455 District of Columbia. 31,914 31,014 457,295 457,295 economical approaches to the conduct 1,336,988 1,336,988 — ■------Colorado______—. . . 144,513 140,822 3,691 467,517 467,517 of business and provide such other as­ 340,012 340,012 . Guam______—.. 4,112 Á 112 sistance as will aid in Improving the Delaware------35,487 35; 487 ." - — H aw aii...______- 46,641 44,409 2,232 District of Columbia. 34,839 34,839 Idaho______47,363 46,660 703 management effectiveness, organization 555,295 555,295 Illinois______.. 496,979 496,979 and operation of the Department’s pro­ 4741041 474,041 ' 201,885 201,885 Guam______4,467 4; 467 Iowa_____ ...... 153,288 145,061 8,227 grams. Hawaii______..___ ; 59,797 44,409 15,388 Kansas______143,113 143,113 3,369 278,613 278,613 --- ———T- * * * * * Idaho______' 126,488 123,119 Illin ois______. 1,118,374 1,118,374 370,246 370,246 (9) Authorize organizational changes 351,784 351,784 Maine______60,376 55,873 4,503 Iowa______205,022 179,846 25,176 Maryland______106,977 106,977 which occur in: 409,425 - 409,425 Massachusetts______261,743 261,743 K entucky______301,328 301,328 Michigan______262,885 262,885 (i) Departmental organizations: 370,246 370,246 Minnesota______... 300,864 300,864 (a) Division (or comparable com­ Maine______201,453 189,971 11,482 Mississippi...______191,787 191,787 169,542 169,542 284,690 284,690 ponent) . Massachusetts._____ 1,918,836 1,918,336 Montana______22,129 21,152 977 1,037,976 1,037,976 Nebraska______99,085 88,136 10,949 (b) Branch (or comparable component Minnesota...... 414,850 414,850 8,603 8,603 in Departmental Centers, only). Mississippi______- 213,703 213,703 New Hampshire____ 24,448 24,448 Missouri______305,018 305,018 New Jersey______191,595 182,295 9,300 (ii) Field organizations: Montana...... 266,795 257,312 9,483 New Mexico______83,914 83,914 N ebraska-...... 228,864 188,762 40,102 New York______794.272. 794,272 (a) First organizational level; Nevada______14,245 14,245 North Carolina_____ 308,509 308,509 (b) Next lower organizational level— New Hampshire...... 92,135 92,135 North Dakota______48,650 44,170 4,480 New Jersey______1,104,838 899,587 205,251 Ohio______335,458 306,118 29,340 required only for those types of field in­ New M exico______110,574 110,574 Oklahoma______111,822 111,822 New Y ork____ . ____ 1,571,224 1,571,224 Oregon___ - __ ___ 118,419 118,419 stallations where the establishment, North Carolina...... 321,657 321,657 Pennsylvania______643,910 598.947 44,963 change in location, or abolition of same, North Dakota______99,884 95,404 4,480 Puerto Rico...... 113,438 113,438 Ohio______-______1,501,998 1,429,107 72,891 Rhode Island...... 26,562 26,562 requires approval in accordance with 1 Oklahoma...... 139,537 139,537 ______Samoa, American___ 2,599 2,599 Oregon______; . 184,902 184,902 South Carolina_____ 251,730 249,490 2,240 AR 673. Pennsylvania______. 1,396,029 1,046,082 349,947 South Dakota...... 50,303 50,303 Puerto Rico______129,438 129,438 Tennessee______243,907 241,567 2,340 § 2.78 [Amended] Rhode Island______399,384 399,384 Texas...... 629,459 617,614 11,845 Samoa. American----- 4,055 4,055 Trust Territory...... Section 2.78, Paragraph (a) (9) (xiii) is South Carolina_____ - 253,848 249,490 4,358 U tah 99,049 99,049 deleted. South Dakota...... 83,745 83,745 Vermont______23,677 23,677

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 No. 190------2 27282 RULES AND REGULATIONS

Section 5(b)— Continued lished in the Federal Register on May 16, order establishing a new Part 167 (21 1973 (38 FR 12810), which were desig­ CFR 167) containing labeling require­ • Total Witheld nated for cotton crop insurance for the State apportion­ State for ments and procedures for the develop­ ment agency private 1974 crop year pursuant to the author­ ment of product class standards for all schools ity contained in § 401.101 of the above- in vitro diagnostic products for human identified regulations. use. Section 167.6 (21 CFR 167.6) of these Virginia______242,758 240,706 2,052 Alabama regulations exempts an in vitro biological Virgin Islands _ _ _ 4,867 4,867 product from the requirements of section Washington 131,017 129,502 1,515 Barbour Geneva West Virginia 122,538 121,401 1,137 Coffee Henry 505 o f the Federal Food, Drug, and Cos­ Wisconsin 188,869 173,549 15,320 Wvoming 12; 693 12,693 Crenshaw Houston metic Act (which prohibits interstate Dale Pike shipment of a new drug without Food T otal...... __ 10,500,000 10,340,300 159,700 and Drug Administration approval) and G eorgia * S u ction 5 ( e ) R ese r v e d section 351 of the Public Health Service Baker Coffee , Act (which prohibits the sale, barter, or Total Witheld Bulloch Tattnall exchange in interstate or foreign com­ State apportion- State for Calhoun Toombs ment agency private Candler merce or within the District o f Columbia, schools North Carolina of any such product without a license) if it meets all the requirements of Part j - . . Bertie Moore 167, unless the Commissioner of Food $25,427 $25,427 Chowan Pitt and Drugs finds that additional require­ 100,139 100,139 - Cumberland Arkansas _ —- -- - -j Richmond ments should be imposed pursuant to 717,103 717,103 - Franklin Rowan sections 505 or 351 in order to protect Colorado - - - . - 26,723 26,723 Greene Rutherford 271,752 271,752 Harnett Sampson the public health. Delaware____ 12,000 12,000 Hertford Warren 2,925 2,925 Leukocyte Typing Serum is a biological 98,000 98,000 Iredell Wayne substance prepared from the blood or 6,524 6,524 . Johnston Wilson plasma of human donors or lower ani­ 355 355 Montgomery mals which may have great value as an Hawaii______13,156 $13,156 V irginia . Idaho______79,125 76,459 2,666 in vitro diagnostic reagent for deter­ Illinois ;■ -y^ tp -p y 621,395 621,395 ___ .3 Greensville Tndiana ---- - 149,899 149,899 -1 mining suitable donors for organ trans­ 51,734 34,785 16,949 (Secs. 506, 516, 52 Stat. 73, as amended, 77, as plants and platelet transfusions. These 266,312 266,312 22,715 22,715 ’ -, amended; 7 U.S.C. 1506, 1516.) serums contain antibodies directed against tissue antigens detectable on the Maine_____.»Jafasa* 141,077 134,098 &,979 [ seal] M . R . P eterson, surface of human peripheral leukocytes. 62,565 62,565 Manager, Federal Crop Insurance Massachusetts . . . ___ - 1,657,093 1,657,093 Corporation. In recent years, dramatic life-saving Michigan____ 775,091 775,091 organ transplants have been made with 113,986 113,986 [FR Doc.73-20889 Filed 1 0 -l-7 3 ;8 :4 5 am] Mississippi__ - T . ™ . . 21,916 21,916 " 3 such organs as the kidney and heart. To Missouri _ - . . . 20,328 20,328 prevent death caused by rejection of the 236,160Montana - - - 244,666 236,160Montana 8,506 Title 21— Food and Drugs Nebraska__ 129,779 100,626 29,153 transplanted organ, it is imperative that N evada____ . . . . s z r . . . 5,642 5,642 _ - CHAPTER I— FOOD AND DRUG ADMINIS­ the donor organ be tested for histocom­ New HamDshire ^ 67,687 67,687 . - - - - 2 New Jersey__ 913,243 717,292 195,951 TRATION, DEPARTMENT OF HEALTH, patibility with the recipient. Potent and ■ 26,660 26,660 EDUCATION, AND WELFARE well defined leukocyte typing serums New Y ork .. 776,952 776,952 ...... - , may help assure such compatibility, North Carolina__ —¿ a 13,148 13,148 a PART 273— BIOLOGICAL PRODUCTS North Dakota . - — 51,234 51,234 ...... thereby significantly increasing the O h io . ___¿i&KBsais 1,166,540 1,122,989 43,551 Additional Standards for Leukocyte Typing chances of survival of the recipient. Oklahoma, . ¿ ¿ i s - —s ® » 27,715 27,715 ...... - _ Serum Oregon.- . - i— 66,483 66,483 These typing serums are also extremely Pennsylvania. 752,119- 447,135 304,984 A notice of proposed rulemaking con­ important to those individuals who must Puerto Rico. . - r — s - s - 16,000 16,000 *3 Rhode Island __ ¿aS* 372,822 372,822 ■ - , cerning additional standards of safety, receive repeated blood or platelet trans­ Samoa, American 1,456 1,456 —I purity, and potency for a new biological fusions to sustain life. It is apparent that South Carolina - 2,118 2,118 South Dakota..ssss^s 33,442 33,442 product identified as Leukocyte Typing recurring transfusions produce white cell Tennessee 12,377 12,377 Serum was published in the F ederal antibodies in the recipient and increase Texas_____ ...... r . . ; 52,228 40,247 11,981 R egister of February 27, 1973 (38 FR the probability of a fatal reaction after Trust Territory___ ... Utah...--— — r .- 67,008 67,008 ------2 5258). subsequent blood transfusions. The avail­ Vermont . — r - . - 87,013 87,013 Leukocyte Typing Serum is an in vitro ability of specific, potent antiserums may Virginia...... 10,780 2,569 8,211 Virgin Islands...... 4,313 4,313 — 1 diagnostic product used to detect the be valuable in detecting white cell anti­ Washington .... ■ 63,988 46,765 17,223 presence of leukocyte antigens. In light gens, thereby preventing hyperimmuni­ West Virginia 22,676 12,313 10,363 Wisconsin 240,641 215,749 24,892 of the critical importance of specific and zation of a recipient who depends on Wvoming 13,930 13,930 ...... — 3 potent Leukocyte Typing Serum, the repeated transfusions to remain alive. Total___... ____ 10,500,000 9,803,317 696,683 Commissioner of Food and Drugs con­ The critical uses for this diagnostic cluded that additional standards should product are self-evident. However, since (Secs. 2, 5, 6, and 8 through 16, 80 Stat. (885- be promulgated prior to consideration of it has not yet been demonstrated to be a 890: U.S.C. 1771, 1774, 1775,1777-1785).) any license application pursuant to sec­ safe and effective typing ^serum for leu­ tion 351 o f the Public Health Service kocyte antigens (Histocompatibility Loci Dated September 26, 1973. Act. Antigens), the significant potential for E dward J. H e r m a n , Interested persons were provided 60 its abuse is equally apparent. In view of Administrator. days to comment on the proposal. Seven the indispensable necessity that these reagents meet rigid requirements for [FR Doc.73-20743 Filed 1 0-l-73 ;8 :45 am] comments were received and have been reviewed by scientists and experts in the potency and specificity, the Commissioner Bureau of Biologies, Food and Drug Ad­ concludes that the public health requires CHAPTER IV— FEDERAL CROP INSUR­ ministration. In addition, an Ad Hoc Ad­ that such products be marketed only ANCE CORPORATION, DEPARTMENT OF visory Committee was convened by the AGRICULTURE under the strict regulatory controls of Bureau o f Biologies on April 24, 1973, section 505 o f the Federal Food, Drug, PART 401— FEDERAL CROP INSURANCE to further review and discuss the pro­ posed regulations. and Cosmetic Act and section 351 of the Discontinuance of Insurance in Counties During the evaluation of the proposed Public Health Service Act. Pursuant to 21 Previously Designated for Cotton Crop regulations for Additional Standards for CFR 130.3(g), current investigation of Insurance Leukocyte Typing Serum, the Commis­ these products requires a “Notice of The counties listed below are hereby sioner published in the F ederal R egister Claimed Investigational Exemption for a deleted from the list of counties pub­ of March 15, 1973 (38 FR 7096), a final New Drug” to be submitted to the Bureau

FEDERAL REGISTER, VOL. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 RULES AND REGULATIONS 27283 of Biologies, Pood and Drug Administra­ P o t e n c y T ests three percent of the total number of tion, 5600 Fishers Lane, Rockville, Md. negative cells may give a false positive TEST ACCORDING TO MANUFACTURER'S result, and three percent of the total 20852. Such products may not lawfully DIRECTIONS be marketed until they are licensed pur­ number of positive cells may give a false suant to section 351 of the Public Health 1. One comment stated that the pro­ negative result. Service Act and conform to the addi­ posed testing standards (§ 273.5101(a)) The Commissioner anticipates that tional standards published herein. A li­ appeared to preclude antiserums for use when more experience is gained, the cense application from a manufacturer by an agglutination test, and suggested number and composition of the panel must be submitted to the Bureau of adding a phrase to specify that the may be changed. Therefore, the final Biologies, Food and Drug Administration, potency test standards apply to cytotoxic order does not Include specific cell panel and approved by the agency. Such li­ serums. The standards were not written requirements but rather provides that censes will not be issued until sufficient for agglutinating serums. When an ap­ this information may be obtained from information is submitted, as required by plication for such an antiserum is the Director, Bureau of Biologies, Food section 505 o f the Federal Food, Drug, received and it is determined that the and Drug Administration. and Cosmetic Act, to insure that the product is adequate and effective for its TEST W ITH DILUTED SERUM product does in fact perform effectively intended use, the standards will be as an in vitro detector of leukocyte amended to include that product. How­ 1. Two firms commented that it was antigens. ever, in order to clarify this point, the not necessary that the diluted antiserum maintain its reactivity throughout the The comments received concerning the Commissioner has added a phrase to paragraph (a) of this section to specify dating period (§ 273.5101(b)). The Com­ proposed additional standards for li­ missioner agrees and the requirement censed Leukocyte Typing Serum are dis­ that the product contemplated by these cussed below on a section-by-section regulations is intended for cytotoxic that the antiserum shall maintain its reactivity throughout the dating period basis. testing. 2. Other comments stated that the has been removed from paragraph (b) D ating P eriod newly designated “W” types could not of this section (test with diluted serum) 1. All comments, except one, were in produce an 80 percent or greater cell and added to paragraph (a) since the agreement with the proposed two-year death with 85 percent of the positively measure of continuing reactivity of the dating period with one additional year reacting samples as required by the pro­ product need only be with a normal, in controlled storage by the manufac­ posal. These comments are inapplicable undiluted sample. turer (§ 273.870). The parenthetical ex­ since these regulations do not govern 2. Several comments suggested that pression used in the proposal to indicate “W” types. At the present time, the “W” the test performed on the diluted serum the period of controlled storage has been types are not sufficiently defined to per­ should be by all methods recommended deleted from the final order since provi­ mit licensing. If reliable and well de­ in the manufacturer’s package enclosure sion for such storage is provided in fined “W” types are developed and can­ rather than by a procedure found accept­ § 273.850. To prevent any misinterpreta­ not meet the current standards, the Com­ able by the Director, Bureau of Biologies, tion of the form of the product, the Com­ missioner will consider appropriate as proposed. Since the Director reviews missioner has specified in the final order amendments to these regulations. and approves all manufacturers’ package that the dating period applies only to 3. The Ad Hoc Committee suggested enclosures as part of the licensure proce­ the dried product. that the regulations require a 60 percent dure, the distinction noted by the com­ 2. One comment stated that the pro­ or ‘greater cell death with the remaining ments is more apparent than real. In posed limitation of a two-year dating 15 percent of the positively reacting cell this context, the Commissioner has no period did not accurately reflect the samples rather than 40 percent as pro­ objection to the proposed rewording and experience of many investigators who posed. It was the reasoning of the Com­ the final order has been changed have found that this product remains mittee that the antiserum should be a accordingly. stable for a longer period of time. While strongly reacting, operationally specific 3. One firm asserted that the proposed this may be true, the stability and other antiserum designed for routine use in requirement of a 40 percent or greater behavioral characteristics of diagnostic hospital laboratories, not for use by ex­ cell death with the diluted antiserum reagents prepared in small quantities for perts in research laboratories. The Com­ is too high and should be lowered. To the use by a small number o f research- missioner concurs and has accepted the contrary, the Ad Hoc Committee rec­ directed investigators may not accurately recommendation of the Committee and ommended, in order to insure that the reflect the behavior of such reagents the regulation has been changed product, is sufficiently potent to retain when they are commercially produced in accordingly. its reactivity throughout the dating pe­ larger quantities for use by a large 4. Several comments requested clari­ riod, that a strong positive reaction, 80 number of people with varying skills and fication of the meaning of the phrase “a percent or greater cell death, should be experience. Therefore, the Commissioner panel of cells approved by the Director, produced in the test with the diluted believes that a two-year dating period Bureau of Biologies”, i.e., composition, antiserum. The Commissioner concurs is required. If and when sufficient evi­ ethnic distribution and discrepancy rate, with the views of the Committee and the dence is amassed to indicate a longer and others inquired if the Bureau was regulation has been changed to require dating period is justified under current planning to supply a panel of cells. It is an 80 percent or greater cell death manufacturing procedures and normal not feasible for the Bureau to supply a reaction. conditions of use, the dating period may cell panel. For the purposes of the be extended. potency tests required by the regula­ SPECIFICITY TEST 3. One comment suggested that man­ tions, each manufacturer shall use its Two comments observed that an eval­ ufacturers should not be prohibited from own panel of cells which has been ap­ uation of specificity (§ 273.5102) must storing raw unprocessed serum at —55° proved by the Director, Bureau of take into account the discrepancies that C. for an indefinite period of time. The Biologies, Pood and Drug Administra­ often occur with all antiserums when tion. The Commissioner has reworded regulations are not intended to govern tested against a well defined panel of the regulations to clarify the manufac­ cells and urged that an acceptable num­ the storage of such raw materials and turer’s duty to provide its own cell panel. ber of permitted discrepancies based therefore this comment is inapplicable. For each manufacturer’s cell panel, upon the total number of cells in the In this regard, it may be noted that the the following number of cells and ethnic panel be established. The Commissioner Commissioner has concluded that ap­ distribution will be required. The panel agrees and has set permissible discrepan­ propriate manufacturing procedures and shall consist of 150 cells. The cells shall cies in an acceptable cell panel in his be distributed as follows: 50 Caucasian, discussion of § 273.5101(a). However, full testing for potency and specificity 50 Black, 50 divided among Oriental, after the completion of all manufactur­ Spanish American, and American In­ since the composition or other require­ ing steps will assure a safe and effective dian. The permissible discrepancy rate ments of the cell panel may change as final product. of a manufacturer’s panel shall be that experience in this area accumulates, the

FEDERAL REGISTER. VOL. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 27284 RULES AND REGULATIONS

Commissioner has concluded that per­ SAMPLES, PROTOCOLS, OFFICIAL RELEASE 351, 352, 355, 358, 360, 371), and the Pub­ missible discrepancies need not be pro­ lic Health Service A ct (sec. 351, 58 Stat. mulgated in the regulations but will be 1. Five comments expressed the view that the proposed volume of release sam­ 702, as amended; 42 UJS.C. 262), and available upon request by a manufac­ under authority delegated to the Com­ turer, as now provided in § 273.5101(a). ple to be submitted to the Bureau of Biologies, Food and Drug Administra­ missioner (21 CFR 2.120), Part 273 is PROCESSING tion, namely, 10 milliliters, was too large. amended as follows: In the proposal, § 273.5103 was entitled The purpose for requesting this volume § 273.730 [Amended] of sample was to provide the Bureau of “General Requirements”. The title has 1. In paragraph (g) (4) o f § 273.730 by been changed to “Processing”. In addi­ Biologies with enough material for mois­ ture determinations and retests if neces­ adding the words “Leukocyte Typing tion, requirements concerning labeling Serum” immediately following the words and samples, protocols, official release sary. However, the Commissioner has concluded that for the purpose of mois­ “Cryoprecipitated Antihemophilic Factor have been removed as subsections of (Human) ” . § 273.5103 and now constitute new ture determination, dummy samples §§ 273.5104 and 273.5105, respectively. may be submitted to conserve the prod­ § 273.870 [Amended] These are procedural changes and do uct. The regulations now provide that 2. In the listing in § 273.870 by alpha­ not alter the substance to these sections. dummy samples of material with the betically inserting the following products same protein concentration as the prod­ immediately following the listing for COLOR CODING uct, filled in the same size vials, with “Influenza Virus Vaccine”. 1. One comment expressed the viewthe same volume, may be used (§ 273.5105(b)). The dummy samples Leukocyte Typing Serum (Dried) - Two years that, as proposed, paragraph (c) of Anti-HL—A 1---- — ______Two years § 273.5103 could be interpreted to mean shall be “placed in various locations Anti-HL—A 2------Two years that a vital stain could not be included throughout the drying oven. Anti-HL—A 3—_—______Two years in the testing kit. It was not the inten­ 2. Several methods of submitting the Anti-HL—A 5------_------Two years tion of the proposal that a dye used to release samples were proposed. These in­ Anti-HL-A 7——_— ______Two years distinguish the dead cells from the living cluded suggestions that material to per­ Anti-HL—A 8— ___ _ Two years cells in the performance of the test be form from 100 to 250 tests, or 2 milliliters Anti-HL—A 9______Two years prohibited from the testing kit. The pro­ of product, or 5 vials of product would be Anti-HL—A 10------Two years sufficient. All of these suggestions would Anti-HL—A 11— Two years hibition of color coding was Intended to Anti-HL—A 12___ __ Two years apply only to the addition of dyes to the provide enough volume of material re­ Anti-HL—A 13______Two years antiserum itself to differentiate various, quired. However, for the purposes of con­ leukocyte antibodies, not to a dye pack­ trol testing by the Bureau of Biologies, 3. In Subpart F, by adding a new center aged in the kit to enable the user to Food and Drug Administration, it is nec­ heading and a new group of sections to read the test. To eliminate any possible essary to receive the material in several read as follows: separate vials in final distribution pack­ confusion, the paragraph has been clari­ L e u k o c y t e T y p i n g S e r u m fied and states specifically that a sepa­ aging. Therefore, the Commissioner has rate vital stain may be included in the determined that four final containers of § 273.5100 The product. testing kit. product plus enough dummy samples to (a) Proper name and definition. The LABELING supply 300 milligrams will be adequate proper name of this product shall be Leu­ for testing purposes, and the regulation kocyte Typing Serum which shall con­ 1. The Ad Hoc Committee recom ­ has been changed accordingly (§ 273.- mended that several items be added to sist of a preparation of serum contain­ 5 10 5(b)). ing an antibody or antibodies for iden­ the package enclosure that provides in­ 3. One comment raised the question as structions for use (§ 273.5154(d) ). The tification of leukocyte antigens. to whether or not an extension of the (b) Source. The source of this product Commissioner agrees with this recom­ dating period would be permitted after mendation and therefore subparagraph shall be plasma or blood obtained asep- a lot of material had expired if the tically from animals which have met the (2) has been expanded to include a de­ manufacturer were to submit data that scription of a suitable complement source applicable requirements o f § 273.501, or the product met the potency require­ from human donors. and three caution statements have been ments of § 273.5101. The Commissioner added as subparagraphs (4), (5), and has no objection to such an extension, § 273.5101 Potency tests. (6). which has been shown to be a valid pro­ (a) Test according to manufacturer’s 2. One comment stated that the pro­ cedure with other kinds of serum , pro­ directions. Each lot of the product in­ posed storage temperature of —65° C. vided however that all tests required of tended for cytotoxicity testing shall pro­ (§ 273.5104(e) (3)) for the reconstituted the initial lot are performed on the ex­ duce an 80 percent or greater cell death product was unnecessarily low and that tended lot and all required protocols and with at least 85 percent of the positively many laboratories could not maintain samples are submitted to the Bureau of reacting eell samples, and a 60 percent or such temperature. The Ad Hoc Commit­ Biologies, Food and Drug Administra­ greater cell death with the remaining tee recommend that the storage tempera­ tion. In this regard, the Commissioner 15 percent of the positvely reacting cell ture be —65° C. in order to assure the has become aware of some confusion samples when tested by all methods rec­ continued integrity of the product. The concerning the definition of the term ommended in the manufacturer’s pack­ Commissioner concurs with the Com­ “lot” for the purpose of extending t.he age enclosure against the manufacturer’s mittee and has rejected the suggestion dating period. Therefore, § 273.5105(a) panel of cells which shall have been ap­ to raise the storage temperature of the of the final order includes a specific defi­ proved by the Director, Bureau of Bio­ reconstituted product. nition of this term as well as criteria for logies, Food and Drug Administration. 3. One comment proposed the addition extending the dating period. To insure The antiserum shall maintain such level of a statement in the package enclosure the stability of the product throughout of reactivity throughout the dating pe­ instructing the user to record the expi­ the dating period, the Commissioner has riod. The approved composition of the ration date, the reconstitution date, and defined a lot in terms of the final con­ cell panel may be obtained from the the identity of the minute aliquots of tainer material rather than the bulk ma­ Director, Bureau of Biologies, Food and serum stored in typing trays, since it is terial as is the more common measure. Drug Administration, B I-1, 5600 Fishers impossible to label the material in such Therefore, pursuant to provisions of Lane, Rockville, Md. 20852. typing trays. The Commissioner has ac­ the Federal Food, Drug, and Cosmetic (b) Test with diluted serum. Each lot cepted this proposal and the regulation Act (secs. 201, 501, 502, 505, 508, 510, 701, of the product, at a dilution of at least has been changed to require that this 52 Stat. 1041, as amended, 1040-52, as 1:2, shall produce a strong positive reac­ information be recorded (§ 273.5104(e) amended, 1055, as amended, and 76 Stat. tion of 80 percent or greater cell death ( 5 ) ) . 789 and 794, as amended; 21 UJ3.C. 321, for cytotoxic typing serums when tested

FEDERAL REGISTER, VOL. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 RULES AND REGULATIONS 27285 with appropriate leukocytes by all meth­ warning, against exposure to carbon di­ regulations, shall be submitted for each ods recommended in the manufacturer’s oxide; lot of product to be released. The product package enclosure. (4) A caution to use more than one shall not be issued by the manufacturer (c) Last valid potency test. For pur­antiserum for each specificity; until notification of official release of the poses of determining the date of manu­ (5) A caution not to dilute the anti­ lot is received from the Director, Bureau facture, the date of the last valid potency serum; of Biologies, Food and Drug Administra­ test shall be the date of initiation by (6 ) A caution that cross-reacting anti­ tion. the manufacturer of the test in para­ gens exists. Effective date.—This order shall be graph (b) of this section. (e) The package enclosure shall con­effective October 2,1973. tain adequate directions for reconstitu­ § 273.5102 Specificity test. (Secs. 201, 501, 502, 505, 50G, 510, 701, 52 St&t. tion which shall include the following in­ 1041, as amended, 1049-1052 as amended, 1055 Each lot o f the product shall be specific structions: as amended and 76 Stat. 789 and 794, as for the antibody or antibodies indicated (1) Do not reconstitute. with more amended (21 U.S.C. 321, 351, 352, 355, 358, on the label when tested by all methods t-ban the. recommended volume of dilu­ 360, 871, and sec. 351) 58 Stat. 702, as recommended in the manufacturer’s ent; • amended (42 U.S.C. 262).) package enclosure. (2) Place the reconstituted material Dated September 25,1973. in small aliquots so that the product will §273.5103 Processing. undergo no more than two freeze-thaw S am D . F in e , (a) M ethod. The processing method cycles t Associate Commissioner for shall be one that has been shown to con­ (3) Store all unused aliquots at —65’ Compliance. sistently yield a specific and potent final C. or colder within 8 hours of reconstitu­ [FR Doc.73-20913 Filed 10-l-73;8:45 am] product free of properties which would tion; adversely affect the product for its in­ (4) A statement that the frozen ali­ Title 28— Judicial Administration tended use. quots must be used within one year of (b) Ancillary reagents and materials. reconstitution or prior to the expiration CHAPTER I— DEPARTMENT OF JUSTICE Ancillary reagents and materials accom­ date appearing on the label of the prod­ [Order No. 541-73] panying the product, which are used in uct, whichever is earlier; PART O— ORGANIZATION OF THE the performance of the test as described (5) A statement instructing the user DEPARTMENT OF JUSTICE by the manufacturer’s recommended test to record the expiration date and the re­ procedures, shall have been shown not to constitution date of the serum on the Subpart Z— Assigning Responsibility Con­ adversely affect the product within the label of each multi-use aliquot stored in cerning Applications for Orders Com­ prescribed dating period. a small test tube, and to maintain similar pelling Testimony or Production of Evi­ (c) Color coding. Color coding of labels, information for the material stored in dence by Witnesses containers, or droppers supplied with the typing trays. A pplications for I m m u n it y O rders product shall not be used. The addition of coloring agents or dyes to the product § 273.5105 Samples, protocols, official This order amends the Department’s or ancillary reagents to differentiate leu­ release. regulations concerning the approval of kocyte antibodies is not permitted. A (a) Definition of a lot. For release applications of orders compelling testi­ container of a vital stain for purposes purposes, a lot is defined as uniform final mony or production of evidence by of facilitating the reading of the test container material identified by the witnesses. may be included in the testing kit. manufacturer as having been thoroughly By virtue of the authority vested in (d) Final containers. Final containers mixed in a single vessel and which has ine by sections 509 and 510 of Title 28, shall be colorless, transparent, and shall been dried in a single run. A lot may be section 301 o f Title 5, and sections 2514 have been sterilized and filled by aseptic retested upon expiration and assigned a and 6003 o f Title 18, United States Code, procedures. new lot number provided all tests re­ and section 501 o f the Comprehensive quired of the initial lot are performed Drug Abuse Prevention and Control Act § 273.5104 Labeling. and a protocol of such tests and samples o f 1970 (21 U.S.C. 871), Subpart Z o f In addition to the applicable require­ are submitted "to the Bureau of Biologies, Part 0 of Chapter I of Title 28, Code of ments o f §§ 273.600, 273.601, and 273.602, Food and Drug Administration, for re­ Federal Regulations, is amended as the following information" shall be in­ lease purposes. The protocol shall include follow s: cluded in the labeling: identification of the lot number under 1. Paragraph (b) of § 0.175 is amended (a) The source of the product, if other which it was previously released and the by deleting the words, “Provided, how­ than human, immediately following the date of release. ever,” and all that follows in that para­ proper name on both the final container (b) Sample size. For each lot of prod­ graph, and inserting in lieu thereof: and package label; uct, four final containers packaged as for “ Provided, however, that no approval (b) The name of the specific antibody distribution shall be sent to the Director, shall be granted unless the Criminal or antibodies present in the product im­ Bureau of Biologies, Food and Drug Ad­ Division indicates that it has no objec­ mediately following the source when ministration, Bldg. 29-A, 9000 Rockville specified, or the proper name when the Pike, Bethesda, Md. 20014, for testing tion to the proposed grant of immunity.” source is not specified. The antibody and release by the Bureau. In addition, 2. Paragraph (c) of § 0.175 is amended designation shall be of no less promi­ 300 milligrams shall be submitted for a by deleting the words, “Provided, how­ nence than the proper name on all test to determine moisture content. ever,” and all that follows in that para­ labeling; Samples for moisture testing may be graph, and inserting in lieu thereof: (c) The name of the test method or either (1) Final container material of “ Provided, however, that no approval methods recommended for the product the product, or (2) Dummy samples of on the package label and on the final material with the same protein concen­ shall be granted unless the Criminal Di­ container label when capable of bearing tration as the product, filled in the same vision indicates that it has no objection a full label; size vials, with the same volume as the to the proposed grant of immunity.” (d) A package enclosure providing product. Such dummy samples shall be This order shall become effective Octo­ adequate instructions for use including: appropriately labeled and placed in ran­ (1) A description of all recommended dom locations throughout the drying ber 1,1973. test methods; oven. Dated September 23, 1973. (2) A description of all supplementary (c) Protocols and release. A protocol E llio t t R ichardson, reagents including a description of a which consiste of a summary of the his­ Attorney General. suitable complement source; tory of manufacture of each lot, includ­ (3) Necessary precautions, including a ing all results of all teste required by [F R Doc.73-20826 Filed 10-1-73;8:45 am ]

FEDERAL REGISTER, VOL. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 27286 RULES AND REGULATIONS

Title 40— Protection of Environment ter of a formal adjudicatory hearing is amended to provide the administrative CHAPTER I— ENVIRONMENTAL so complex and technical that good ad­ law judge (ALJ) 5 additional days to PROTECTION AGENCY ministrative practice will require that review requests to be made a party. Once there be some threshold showing on the the ALJ has reviewed a request to be PART 51— REQUIREMENTS FOR PREP­ part of an applicant before he is given made a party and has found it to be sat­ ARATION, ADOPTION, AND SUBMITTAL party status. However, where, as is here OF IMPLEMENTATION PLANS isfactory, a second change to paragraph the case, the factual questions to be (c)(4) authorizes the ALJ to delegate Subpart C— Extensions considered (e.g., prior good faith efforts the notification function to the regional On August 15, 1973 (38 FR 22025), on the part of the source) are such that hearing clerk. the Administrator of the Environmental public participation will add measurably Subparagraph (c) (5) has been ampli­ Protection Agency promulgated proce­ to the development of the record, the fied to emphasize the fact that requests dural rules governing the conduct of Agency is of the view that threshold re­ to be made a party to a section 110(f) public hearings held pursuant to sec­ straints to party status are warranted public hearing will be treated as a matter tion 110(f) (2) of the Clean Air Act. Al­ by neither the public interest nor by ad­ of public record and that the contents though the rules were promulgated with ministrative convenience. of all such requests will be available for an immediately effective date, com­ Finally, in light of the unambiguous inspection at the office of the regional ments were invited with the understand­ requirement of section 110(f)(2)(A) hearing clerk. ing that, if deemed useful, those re­ that all “interested persons” are to re­ Subparagraph (d) (2) has been modi­ ceived within 30 days of publication ceive notice of a section 110(f) public fied to require that five, rather than two, would be incorporated into the rules by hearing, the Agency is of the opinion copies of all papers—along with the way of amendment. In response, several that no person who has an “interest” in original—should be filed with the re­ comments were submitted to the Agency. a postponement being sought under sec­ gional hearing clerk. Almost all of these comments were, at tion 110(f) should be denied an oppor­ Subparagraph (u) (2) has been modi­ least, in part, addressed to the question tunity to participate as a party in a re­ fied to allow the ALJ 45 days after the of who should be permitted to partici­ sultant public hearing. Accordingly, it close of the hearing to prepare and file pate in a section 110(f) public hearing. has been determined that, apart from his initial decision with the regional Predictably, some persons submitting the administrative changes hereinafter hearing clerk. comments felt that the rules relating noted, paragraph (c) of the rules which Because no substantive rights will be to “party” and “nonparty participant” predicates “party” status solely on the affected by the changed language in the status were too liberal, while others felt filing of a statement of “interest” should rules, the Agency finds that good cause that more should be done to give the not be changed. exists for not publishing this amend­ “average citizen” an opportunity to The changes which have been made ment as a notice of proposed rulemaking participate in section 110(f) -^public to,the rules are administrative in nature. and for making it effective upon hearings. In all -instances, they reflect recom­ publication. As suggested by the preamble to the mendations made by persons within the Notice of the West Virginia section rules promulgated on August 15, 1973, Agency. 110(f) public hearing—the first public the Agency is aware of the widespread Subparagraph (a) (2) has been hearing to be held under section 110(f) — citizen interest which, in all likelihood, amended to reflect the fact that, until is being published elsewhere in this F ed­ will attach to any given section 110(f) such time as the Agency ascertains the eral R egister. Accordingly, since per­ public hearing. In addition, the Agency number of administrative law judges sons reading today’s F ederal R egister is also aware of the fact that many of needed to preside over section 110(f) will have an opportunity to familiarize the factual showings required under sec­ public hearings, the most economic and themselves with the section 110(f) rule tions 110(f) (1) (A)-(D ) will touch upon expeditious way of making them avail­ changes which follow at the same time matters that are uniquely within the able may be to “borrow” them from other that they receive notice of the upcoming knowledge of individual citizens and cit­ agencies—an approach which is specifi­ West Virginia public hearing, the izen groups. Given these considerations, cally permitted by section 3344 o f the Agency is of view that the procedural it is the intention of the Agency that all Administrative Procedure Act. The sec­ rules governing the West Virginia hear­ section 110(f) public hearings be run ond change to paragraph (a) (2) merely ing should reflect today’s changes., This in such a manner as to provide the indicates that unless there is a directive has been noted in the notice of the average citizen with an opportunity to to the contrary, the action of the Ad­ West Virginia hearing and should be add to the record in whatever manner ministrator in assigning an administra­ viewed as superseding the statement in best suits his or her convenience. To this tive law judge to a given case, shall be the preamble to the Agency’s August 15, end, it is believed that the provisions of regarded as a full and complete delega­ 1973 promulgation to the effect that the paragraph (c) (6)' (providing for "non- tion of authority to render an initial West Virginia public hearing would not party participant” status) should not be decision. be subject to any amendments adopted made more restrictive and that any cit­ Subparagraph (a) (6) has been at a later point in time. izen who wishes to testify at a section amended to provide that the source (or Au th o r ity.— Secs. 110(f) and 301 of th e 110(f) public hearing should be given sources)'oh whose behalf a section 110(f) Clean Air Act; 42 U.S.C. 1857c-5 and an opportunity to do so. postponement has been requested will 1857g(a). Similarly, with respect to the ques­ automatically be made a “party” to any Dated September 25,. 1973. tion of who should be permitted to par­ resultant section 110(f) public hearing. ticipate as a “party” in a section 110(f) A new subparagraph has been added J o h n Q uarles, public hearing, it is the .position of the to paragraph (b) to require that notice Acting Administrator. Agency that, where a citizen (or a busi­ of a section 110(f) public hearing be Part 51 o f Chapter I, Title 40 of the ness concern or a public interest group) mailed to the state air pollution control Code of Federal Regulations is amended is in possession of facts which bear upon authority having jurisdiction over the as follows: the subject matter of a given section source with respect to which the section In 51.33, paragraph (a)(2) and (6), 110(f) public hearing and which he be­ 110(f) postponement is being requested. (b) (2) (iv), (c) (1), (4) and (5), (d) lieves can most effectively be presented Subparagraph (c) (1) has been modi­ (2), and (u)(2) are revised to read as through the medium of an adversary- fied to clarify the fact that the 30-day follow s: type proceeding, such citizen should not period within which an interested per­ be denied the opportunity of participat­ § 51.33 Hearings and appeals relating to son may request to be made a party is request for one year postponement. ing in such a hearing as a party. tied to the date of the F ederal R egister Admittedly, there may be instances in notice rather than the date of any local (a) * * * other sections of the Clean Air Act or notice which may be required by the (2) The term “ Administrative Law in other statutes where the subject mat- rules. Subparagraph (c) (4) has been Judge” means an administrative law

FEDERAL REGISTER, VOL. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 RULES AND REGULATIONS 27287 judge whose services have been retained requirements are fully met. Such notice 4. In Subpart 9-7.50, Contract Out­ by the Environmental Protection Agency shall afford the requester a reasonable lines, § 9-7.5005-1, Additional bond secu­ pursuant to sections 556(b) (3) and 3105 period of time (not to exceed 14 days) in rity, is revised to read as follows: or 3344 of the Administrative Procedure which to file an amended request. § 9—7.5005—1 Additional bond security. Act for the duties and functions herein­ (5) Any documents or papers relating to the procedures described in subpara­ See FPR 1-7.103-2. after set forth. The Administrator may 5. In Subpart 9-7.50, Contract Out­ delegate all or part of his authority to graph (3) shall be made a part of the record and shall be available for inspec­ lines, § 9-7.5005-2, Changes (fixed-price act in a given case under this section supply contracts), is revised as follows: to an Administrative Law Judge. There tion at the office of the regional hearing may be included within such delegation clerk. § 9—7.5005—2 Changes (fixed-price sup­ authority to issue subpoenas, authority ***** ply contracts).. to make findings of fact and conclusions (d ) * * * See FPR 1-7.102-2. of law with respect to a given, case and (2) In addition to copies served on all authority to recommend a decision (here­ 6. In Subpart 9-7.50, Use of Standard other parties, each party shall file with Clauses, § 9-7.5005—4, Definitions, the inafter referred to as the “initial de­ the regional hearing clerk an original cision”) . Unless otherwise limited by the first paragraph is revised to read as and five copies of all papers filed in con­ follow s: Administrator, the action of the Admin­ nection with the hearing. istrator or his delegate in assigning an § 9—7.5005—4 Definitions. administrative law judge to a given case * * * * * shall be regarded as a full and complete (u) * * * See FPR 1-7.102-1: In addition, use the delegation of authority to render an (2) The Administrative Law Judge, f ollowing where appropriate. * * * * * initial decision. A delegation of authority within 45 days after the close of the # to render an initial decision shall not hearing, shall evaluate the record before 7. In Subpart 9-7.50, Use of Standard preclude the Administrative Law Judge him, and prepare and file his initial Clauses, § 9-7.5005-5, Extras, is revised to from referring any motion or case to the decision with the regional hearing clerk. read as follows: Administrator when the Administrative A copy of the initial decision shall be Law Judge determines such referral to served upon each of the parties, and the § 9—7.5005—5 Extras. be appropriate. regional hearing clerk shall immediately See FPR 1-7.102-3. ***** transmit a copy to the Administrator. 8. In Subpart 9-7.50, Use of Standard The initial decision shall become the de­ Clauses, § 9-7.5005-6, Inspection (fixed- (6) The term “party” means the cision of tfie Administrator without fur­ Agency, the source (or sources) on whose price supply), is revised to read as ther proceedings unless an appeal is follow s: behalf the section 110(b) postponement taken from it or the Administrator orders has been requested and any person (as review of it pursuant to paragraph (v), § 9—7.5005—6 Inspection (fixed-price that term is defined below) who, pur­ supply). [PR Doc.73—20940 Piled 1 0 -l-73 ;8 :45 am] suant to paragraph (c) of this section, See FPR 1-7.102-5. has filed a request to participate as a 9. In Subpart 9-7.50, Use of Standard party in a public hearing required by Title 41— Public Contracts and Property Management Clauses, § 9-7.5005-7, Payments, is re­ section 110(f) (2) of the Act and has had vised to read as follows: such request approved. CHAPTER 9— ATOMIC ENERGY § 9 —7.5005—7 Payments. * * * * * COMMISSION (b) * * * CONTRACTS, PROCUREMENT FORMS, See FPR 1-7.102-7. (2) * * * REVIEW REQUIREMENTS 10. In Subpart 9-7.50, Use of Standard (iv) Notice shall be mailed to the air Clauses, § 9-7.5005-8, Variation in quan­ pollution control board or agency of the Miscellaneous Amendments state in which the source is located pro­ These changes are being made in or­ tity, is revised to read as follows: vided that, if an air pollution control der to bring the AEC Procurement Regu­ § 9—7.5005—8 Variation in quantity. lations into proper alignment with the authority does not exist on the state level, See FPR 1-7.102-4. notice shall be sent to that local air pollu­ Federal Procurement Regulation cita­ tion control board or agency to whose tions. 11. In Subpart 9-7.50, Use of Standard authority the source is subject. PART 9 - 7 — CONTRACT CLAUSES Clauses, § 9-7.5005-13, Responsibility for * *. * * * supplies, is revised to read as follows: Subpart 9-7.50— Use of Standard Clauses (c) Parties. (1) W ithin 30 days follow ­ 1. In Subpart 9-7.50, Contract Out­ § 9—7.5005—13 Responsibility for sup­ ing the issuance of public notice in thé plies. Federal R egister of a requested post­ lines, § 9-7.5004-3, Disputes, paragraph ponement under § 110(f) of the Act, any (a) is revised to read as follows: See FPR 1-7.102-6. person may request , to be made a party § 9—7.5004—3 Disputes. 12. In Subpart 9-7.50, Use of Standard to the hearing. (a) See FPR 1-7.102-12. Clauses, § 9-7.5005-24, Pricing of adjust­ ***** ments, is revised to read as follows: ***** (4) All requests to be made a party will § 9—7.5005—24 Pricing o f adjustments. be reviewed by the Administrative Law 2. In Subpart 9-7.50, Contract Out­ Judge within 15 days of receipt. Where lines, § 9-7.5004-5, Officials not to bene­ See FPR 1-7.102-20. the requirements of subparagraph (3) fit, is revised as follows : 13. In Subpart 9-7.50, Use of Standard have been met, the Administrative Law § 9—7.5004—5 Officials not to benefit. Clauses, § 9-7.5006-56, Statement of toork Judge shall notify, or shall direct the (.cost-type contracts), paragraph (c) is regional hearing clerk to notify, the re­ See FPR 1-7.102-17. 3. In Subpart 9-7.50, Contract Out­ revised to read as follows: quester that his request to be made a lines, § 9-7.5004-10, Examination of rec­ party has been approved. If, however, § 9—7.5006—56 Statement o f work (cost- ords, the first paragraph is revised to type contracts). the Administrative Law Judge deter­ read as follows: mines that the requirements of subpara­ * V * * * * graph (3) have not been satisfied, he § 9—7.5004—10 Examination o f records. (c) In operating-type contracts when shall, by appropriate notice, advise the See FPR 1-7.103-3. See Notes A and requester as to which of the require­ the contractor is expected to perform no B below for required addition and modifi­ Davis-Bacon work with his own forces, ments under subparagraph (c) have not cation of the clause set forth in FPR been met and that his request to be made 1-7.103-3. the special clause in § 9-18.703-50 shall a party can not be approved until such ***** be included in this clause.

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 27288 RULES AND REGULATIONS

PART 9—16— PROCUREMENT FORMS research support agreement with educa­ in a contract or subcontract (i) with a Subpart 9—16.50— Contract Outlines tional institutions, Appendix B, Article responsible contractor and (ii) that ade­ B-XIX—Buy American Act, is revised quately protects the interests of the Gov­ 14. In Subpart 9-16.50, Contract Out­ to read as follows: lines, § 9-16.5002-2/ Outline of a cost- ernment, including the reasonableness plus-a-fixed-fee supply contract (per­ ***** of the fixed fee or profit (if any) in cost- formed by commercial concerns in Appendix B type procurements, the reasonableness contractor’s facilities), paragraphs (23), * * * * * * of price in fixed-price-type contracts or (30), (31), and (33), are revised to read ARTICLE XIX ---- BUT AMERICAN ACT subcontracts including the reasonable­ asfollow s: ness of intermediate or final repricing Insert FPR 1-7.102-14, modified in accord­ due to price redetermination, escalation, § 9—16.5002—2 Outline o f a cost-plus-a- ance with § 9-7.5004-16. etc., with comparison of the proposed fixed-fee supply eontract (performed ***** price with the independent Government by commercial concerns in contrac­ 19. In Subpart 9-16.50, Contract Out­ cost estimate, if applicable. With respect tor’s facilities). lines, § 9—16.5002—9, Outline of cost-type to awards resulting from formal adver­ * * * * * contract for research and development tising, review will include such matters as “ (23) Disputes—FPR 1-7.102-12, mod­ with educational institutions, Appendix determining the responsibility of the ified by substituting ‘Commission’ for B, Article B-14—Disputes, Article R-15— contractor (§ 9—1.12), the reasonableness ‘Secretary.’ (See § 9-7.5004-3.) ” Equal Opportunity, and Article B-16— of the price of the proposed award, in­ ***.** Officials not to Benefit, are revised to cluding comparison with the independ­ “ (30) Officials not to benefit—FPR read as follows: ent Government cost estimate, if appli­ 1-7.102-17.” cable, the adequacy of competition, the § 9—16.5002—9 Outline o f cost-type con­ advisability of rejecting all bids and “ (31) Equal opportunity—FPR 1-7.- tract for research and development 102-16.” readvertising or negotiating, and, in the with educational institutions. case of a proposed award to other than * * * * ~ i * ***** the low bidder, whether such action is in “ (33) Assignment—FPR 1-7.102-8 or Appendix B the best interest of the Government. § 9-7.5006-46 as appropriate.” ***** ***** ***** ARTICLE B-14— DISPUTES A u t h o r it y : Section 161 o f the Atomic 15. In Subpart 9-16.50, Contract Out­ Insert FPR 1-7.102-12, modified by substi­ Energy Act o f 1954, as amended, 68 Stat. 948, lines, § 9-16.5002-4, Outline of a cost- tuting “Commission” for “Secretary.” (42 U.S.C. 2201); sec. 205, Federal Property and Administrative Services Act o f 1949, as plus-a-fixed-fee construction contract, (See S 9-7.5004-3.) Article XXII, Labor, paragraph (h) is amended, 63 Stat. 390 (40 U.S.C. 486) revised to read as follows: ARTICLE B—15 ---- EQUAL OPPORTUNITY Effective Date: These amendments are Insert FPR 1-7.102-16. § 9—16.5002—4 Outline of a cost-plus-a- effective October 2,1973. fixed-fee-construction contract. ARTICLE B—16 ---- OFFICIAL NOT TO BENEFIT Dated at Germantown, Maryland, this * * * * * " Insert FPR 1-7.102^17. 24th day of September 1973. “Article XXII—Labor.” ***** For the U.S. Atomic Energy Com­ * * * * , p 20. In Subpart 9-16.50, Contract Out­ mission. “ (h) Equal opportunity. Insert con­ lines, § 9-16.5002-9, Outline of cost-type J oseph L. S m it h , tract clause set forth in FPR 1-7.102-16.” contract for research and development Director, * * * * * with educational institutions, Appendix Division o f Contracts. B, Article B-21—Buy American Act, is 16. In Subpart 9-16.50, Contract Out­ [FR Doc.73-20839 Filed 10-1-73;8:45 am] lines, § 9-16.5002—8, Outline of special re­ revised to read as follows: search support agreement with educa­ * * - * * * tional institutions, Appendix B, Article A ppendix B CHAPTER 14— DEPARTMENT OF THE B-XV—Disputes, and in Subpart 9-16.50, * * * * * INTERIOR Contract Outlines, § 9-16.5002-8, Outline ARTICLE B—21— BUY AMERICAN ACT PART 14—7— CONTRACT CLAUSES of special research support agreement Insert FPR 1-7.102-14, modified in ac­ Nebraska Sales and Use Tax with educational institutions, Appendix cordance with S 9-7.5004-16. B, Article B—XVI—Officials not to Bene­ Pursuant to the authority of the Sec­ fit, is revised to read as follows: * * * * * retary of the Interior contained in 5 § 9—16.5002—8 Outline o f special re­ U.S.C. 301, Part 14-7 of Title 41 of the search support agreement with edu­ PART 9-51— REVIEW AND APPROVAL OF Code of Federal Regulations is hereby CONTRACT ACTIONS cational institutions. amended. Due to changes in the State ***** Subpart 9—51.4— Contract and of Nebraska sales and use tax laws, the Subcontract Review Requirements A ppendix h provisions of Interior Procurement Reg­ * * * * * 21. In Subpart 9-51.4, Contract andulations section 14-7.602-50(6) (c) are Subcontract Review Requirements, § 9- ARTICLE B-XV— DISPUTES no longer applicable. 51.403-1, Contract Review Boards, para­ Insert FPR 1-7.102-12, modified by graph (b) is revised to read as follows: It is the general policy of the Depart­ substituting “Commission” for “Secre­ Subpart 9-51.4 Contract and Subcon­ ment of the Interior to allow time for tary.” (See § 9-7.5004-3.) tract Review Requirements. interested parties to participate in the * * * * * * * * * * rulemaking policy. However, the amend­ § 9—16.5002—8 Outline of special re­ § 9—51.403—1 Contract Review Boards. ments herein are minor and involve ad­ search support agreement with educa­ * * * * * ministrative procedures. Therefore, the tional institutions. (b) Purpose of review. In negotiatedpublic rulemaking process is waived in * * * * * procurements, the primary function of this instance. Appendix B contract review is to provide an inde­ § 14—7.602—50(6) (c) [Reserved] pendent review and analysis of contract ***** Section 14-7.602-50(6) (c) of Subpart ARTICLE B—XVI— OFFICIALS NOT TO BENEFIT. and subcontract actions for the purpose of determining whether the negotiations 14-7.6 of the Interior Procurement Reg­ Insert FPR 1-7.102-17. (1) were competently conducted, (2) ulations is amended by deleting the cap­ * * * * ‘ *. were based on adequate information, (3) tion and the text of the paragraph and 18. In Subpart 9-16.50, Contract Out­were in conformance with established to provide that the paragraph is lines, § 9-16.5002-8, Outline of special policies and procedures, and (4) resulted reserved.

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 RULES AND REGULATIONS 27289

This amendment is effective on Octo­ This amendment makes four changes PART 150— COST OF LIVING COUNCIL ber 1, 1973. v in the existing rule. First, it incorporates PHASE IV PRICE REGULATIONS R ichard R . H it e , the requirement, as included in the pro­ Subpart Q (Stage B for Food) Deputy Assistant Secretary posed Phase IV regulations (38 FR 19480) o f the Interior. but omitted from the final regulations The purpose of this amendment to (38 FR 21612), that to be eligible for Part 150 of the Cost of Living Council S eptember 25,1973. Subpart K treatment the manufacturing Regulations is to revise Subpart Q (Stage [FR Doc.73-20827 Filed 10-l-73;8:45 am] or service activity be integrated into the B for food) with respect to the period retailing or wholesaling activities. Sec­ used for measuring base costs for food Title 50— Wildlife and Fisheries ond, the prohibition against Subpart K manufacturing activities and to make re­ treatment of a firm’s manufacturing or lated changes in the method for comput­ CHAPTER I— BUREAU OF SPORT FISH­ ing base costs and current costs for food ERIES AND WILDLIFE, FISH AND WILD­ service activities unless they produce less than $50 m illion in annual revenues is raw materials costs. LIFE SERVICE, DEPARTMENT OF THE Subpart Q provides that the base pe­ INTERIOR being eliminated. Third, the 10% criteria is being increased to 15%. Fourth, firms riod for determining permissible gross PART 32— HUNTING are being given the option of calculating margin for food manufacturing activities Missisquoi National Wildlife Refuge, their total manufacturing and service ac­ is, when livestock and meat products are Vermont tivities on either a firm-wide or individ­ involved, any four consecutive fiscal ual pricing entity basis to determine quarters which began May 25, 1970, and The following special regulation is is­ which ended prior to May 11, 1973 or, sued and is effective during the period whether they qualify under the 15% test. Adoption of this amendment is ex­ for all other food manufacturing activi­ September 29, 1973 through Decem­ ties, any four consecutive fiscal quarters ber 31,1973. pected to eliminate prenotification re­ quirements for numerous small volume of the eight fiscal quarters ended prior §32.22 Special regulations; upland service functions, particularly in the re­ to May 11, 1973. gam e; for individual wildlife refuge tail trade, by allowing more of those Prior to this amendment, the base cost areas. functions to be regulated under Subpart period for all costs was the fiscal quar­ V erm ont K o f Part 150. ter succeeding the gross margin base period. The gross margin rule for food MISSISQUOI NATIONAL WILDLIFE REFUGE Accordingly, effective September 17, 1973, § 150.305(d) o f Title 6, Code o f manufacturing activities permits dollar- The public hunting of upland game on Federal Regulations is amended to read for-dollar pass through of cost increases the Missisquoi National Wildlife Refuge, as follow s: incurred since the base cost period. Thus, Vermont, is permitted only on the areas cost increases incurred between the base delineated on maps available at refuge § 150.305 Establishment of categories. period and the base cost period were lost headquarters, RD 2, Swanton, Vermont * * * * * for cost-justification purposes. In a pe­ 05488, or from the Regional Director, (d) A firm which is subject to this sub­riod of rapidly rising farm product prices Bureau of Sport Fisheries and Wildlife, part and which also engages in manu­ the fact that the base cost period is later U.S. Post Office and Courthouse, Boston, facturing or service activities, or both, is than the base period can mean very sub­ Massachusetts 02109. Hunting shall be subject to the requirements of Subpart E stantial cost absorption for a firm with in accordance with all applicable State of this part with respect to its manufac­ food manufacturing activities. regulations covering the hunting of up­ turing and service activities. However, if After examining data on food raw'ma­ land game. the sales or revenues derived by the firm terial cost increases for the various per­ The provisions of this special regula­ or the pricing entity concerned from missible combinations of base period and tion supplement the regulations which manufacturing and service activities base cost period, the Council has deter­ govern hunting on wildlife refuge areas were less than 15 percent of the firm’s or mined that the degree of absorption of generally, which are set forth in Title the pricing entity’s total retailing or food raw material cost increases caused 50, Code of Federal Regulations, Part 32, wholesaling revenues for the most re­ by the timing of the base cost period and are effective through December 31, cently completed fiscal year, the firm or warrants a change in the regulations. 1973. the pricing entity may include in its mer­ Accordingly, § 150.607(b) is amended to G eorge C. B alzer, Jr., chandising pricing plan any manufac­ provide that the base cost period for food Acting Regional Director, Bu­ turing or service activities which are in­ raw material costs is the same as the reau of Sport Fisheries and tegrated into its retailing or wholesaling base period for determining permissible W ildlife. activities. When manufacturing or serv­ gross margins. The base cost period for ice activities are so included, customary other than food raw material costs re­ S eptember 24, 1973. initial percentage markups and gross mains the fiscal quarter succeeding the [FR Doc.73-20905 Filed 1 0-l-73 ;8 :45 am] margins shall be computed, in the case base period for determining permissible of manufacturing activities, on the basis gross margins. Title 6— Economic Stabilization of direct material costs and, in the case The formula for determining permis­ of service activities, on the basis of direct CHAPTER I— COST OF LIVING COUNCIL sible total revenues takes into account material and labor costs. food raw material cost increases incurred PART 150— COST OF LIVING COUNCIL Because the purpose of this amend­ during the gross margin base period PHASE IV PRICE REGULATIONS ment is to provide immediate guidance which were reflected in higher prices. Incidental Manufacturing and Service Ac­ and information with respect to the de­ Therefore, to prevent double counting tivities Conducted by Retailers and cisions of the Council, the Council finds of food raw material cost increases Wholesalers that publication in accordance with nor­ § 150.607(b) is also amended to provide The purpose of this amendment to mal rule making procedure is imprac­ that food raw material costs must be ticable and that good cause exists for § 150.305(d) of the Cost of Living Coun­ computed on an average basis (output making these amendments effective in method), rather than on an input basis cil’s Phase XV price regulations is to allow less than 30 days. as would otherwise be allowed by the reg­ retailers and wholesalers to treat as part (Economic Stabilization Act of 1970, as ulations. The provisions of the regula­ of their retail or wholesale activities un­ amended, Pub. L. 92—210, 85 Stat. 743; Pub. L. tions which permit volume to be meas­ der Subpart K any manufacturing or 93-28, 87 Stat. 27; E.O. 11730, 38 FR 19345; ured either on an input or output basis service activity which is an integral part Cost of Living Council Order No. 14, 38 FR remain unchanged. 1489) of their retailing or wholesaling activities Firms with food manufacturing activ­ so long as their total integrated manu­ Issued in Washington, D.C., on Sep­ ities have maintained that their ac­ facturing and service activities produce tember 28,1973. counting systems do not permit compli­ less than 15 percent of the annual rev­ Jo h n T . D u n lo p , ance to be measured on a monthly basis. enues of the firm or pricing entity con­ Director, Cost of Living Council. It was for this reason that the final Stage cerned. [FR Doc.73-21058 Filed 9-28-73;4:26 pm] B food regulations provide for quarterly

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 No. 190----- 3 27290 RULES AND REGULATIONS

as opposed to monthly compliance meas­ (3) Base cost and current cost with re­ during the prior month. This change con­ urement. To conform the provisions gov­ spect to food raw material costs is the forms previous provisions governing fu­ erning current costs to the accounting average cost incurred throughout the ture heating oil price increases with the systems of firms with food manufactur­ base cost period or the current cost new ceiling price provision and also per­ ing activities, § 150.607(b) is also amend­ period, as applicable, with respect to mits pass through of domestic crude cost ed to provide that for quarterly measure­ those costs as calculated in accordance increases as well as increased costs of ment of compliance with the gross mar­ with instructions which accompany imports. A new definition has been used gin rule, the current cost period is the forms issued pursuant to this Subpart in the section, specifying the computa­ quarter for which compliance is being (output method). tion of “increased costs of imports and measured, rattier than the last account­ (4) The current cost period for domestic crude petroleum.” The amend­ ing month of that quarter. monthly reporting purposes is the month ment also eliminates the concepts of The substantive provisions and report­ for which a monthly report is required “actual cost” and “actual markup”, since ing requirements of Subpart Q cover the to be filed pursuant to this Subpart. The increased costs are measured from the accounting periods (accounting month; current cost period for quarterly report­ May 15 selling price. This measure effec­ fiscal quarter; fiscal year) which include ing purposes is the fiscal quarter for tively permits retailers to recover in­ September 10, 1973. Depending upon which a quarterly report is required to creased product costs incurred while the when a firm’s fiscal year ends, the initial be filed pursuant to. this Subpart. Hie prior ceiling rule was in effect, and pro­ report filed pursuant to Subpart Q might current cost period for price category EH vides price margin relief as well. be a quarterly or annual report, rather firms is the fiscal quarter for which com­ New ceiling prices must be posted by than a monthly report/A subparagraph pliance is being measured. October 5. (5) is added to § 150.606(e) to make it * * * * * Several changes have been made to clear that in cases where the initial re­ § 150.356, governing the allocation of a port is other than a monthly report, 2. Section 150.607 is further amendedrefiner’s increased costs. The Scope sec­ that initial report must contain the in­ in paragraph (e) by adding a new sub- tion has been changed to reflect the in­ formation required in the initial monthly paragraph (5) as follows: clusion of increased costs of domestic report. (e) Reporting and Recordkeeping * * * crude petroleum in ceiling prices for Because the purpose of this amend­ (5) Initial report.—In cases where the gasoline, No. 2-D diesel fuel and No. 2 ment is to provide immediate guidance first report submitted pursuant to this heating oil sold by refiner-retailers, as and information with respect to the de­ subpart is a quarterly report or an an­ has been done for other retailers. cisions of the Council, the Council finds nual report rather than a monthly re­ In § 150.356(c), stating the general al­ that publication in accordance with port, the matter required to be submit­ location rule, certain dates have been normal rule making procedure is im­ ted in an initial monthly report pursu­ changed, to permit increases in refiner’s practicable and that good cause exists ant to subparagraph (1) of this para­ selling prices as of November, 1973. for making these amendments effective graph (e) shall be included in the first These changes are the result o f the new in less than 30 days. quarterly or annual report, as the case pricing rule which will include costs up to may be, rather than the first monthly October 1 and simply accommodate the (Economic Stabilization Act of 1970, as report. previously established rules to the new amended, Pub. L. 92-210, 85 Stat. 743; Pub. L. ceiling pricing system. 93-28, 87 Stat. 27; E.O. 11730, 38 FR 19345; [FR Doc.73—21057 Filed 9 -28-73:4:26 pm] Cost of Living Council Order No. 14, 38 FR No change has been made in the allo­ 1489). cation formula. However, to implement PART 150— COST OF UVING COUNCIL the new pricing rules, the months desig­ In consideration of the foregoing Part PHASE IV PRICE REGULATIONS nated by the superscripts “t” and “u” in 150 o f Title 6 o f the Code o f Federal the formula have been adjusted. Section Regulations is amended as follows, ef­ Adjustments to Retail Ceiling Price Rules 150.356(d), measurement of costs to be fective 11:59 p.m., e.s.t. September 9, for Sales of Gasoline, No. 2—D Diesel Fuel and No. 2 Heating Oil used in ceiling prices, has been similarly 1973. amended to (1) include allowable in­ Issued in Washington, D.C., on Sep­ The purpose of these amendments is to creases in costs of domestic crude petro­ tember 28, 1973. implement the Council’s previously an- leum and (2) adjust the month designa­ announced commitment to make upward tions for inclusion of such increased Jo h n T . D u n l o p , adjustments in ceiling prices charged by costs. Similar changes are made to Director, Cost of Living Council. retailers of gasoline, No. 2-D diesel fuel §§ 150.356(e) and 150.356(f). § 150.607 [Amended] and No. 2 heating oil to reflect increased The second major change made to the costs of imports and domestic crude price rules of Subpart L is contained 1. Section 150.607 is amended m para­ petroleum. graph (b) by redesignating subpara­ in § 150.359, resellers’ and retailers’ graphs (3), (4), and (5) as subpara­ The new rule set out in § 150.355, states price rules, which has been rewritten. that the ceiling price for retail sales of The new price rule again eliminates the graphs (5), (6), and (7), respectively, gasoline, No. 2-D diesel fuel and No. 2 and by revising subparagraph (2) and use of “actual cost” and “actual markup” adding new subparagraphs (3) and (4) heating oil is the May 15, 1973, selling and provides for the addition of in­ as follows: price plus increased costs of imports and creased costs of imports and domestic domestic crude petroleum incurred be­ crude petroleum to the May 15,1973, sell­ (a) General Rule * * * tween May 15, Í973, and the end of ing price. Products other than gasoline, (b) Modifications to Subparts E, F, G September. This change places all re­ No. 2-D diesel fuel and No. 2 heating oil, and H for Firms Using § 150.606 tailers of these products on the same are therefore also priced on the principle ( 1 ) * * * May 15, 1973 base level, and reflects the of a May 15 selling price plus increased (2) The base cost period with respect Council’s intent to provide a “cushion” costs. A definition of increased costs has to food raw materials costs is the base against future cost increases that may be been added to be used in computations period as defined in § 150.603 o f this title. incurred after October 1 and before the trader this rule. The base cost period with respect to costs next periodic review of ceiling prices by Certain technical amendments have other than food raw materials costs is the Council. The increases aré effective also been made. the next succeeding fiscal quarter follow­ immediately for all retailers except Technical changes are made to the ing the base period as defined in § 150.- refiner-retailers who may not increase definition of “Transaction” in § 150.352, 603 of this title in which costs were in­ ceiling prices until October 1. to correct the reference to 26 U.S.C. 1563 curred with respect to the product line - The ceiling price rule also allows in­ (a) . The reference to the § 150.356(b) concerned. The base cost period with creases in heating oil costs to be passed measure for cost increases has been de­ respect to a new product is the fiscal on by heating oil retailers on November 1, leted from § 150.358(i>(l), and in that quarter in which the new product con­ 1973 and the first day of any subsequent same section the reference to § 150.357 cerned was first sold in arms-length month to recoup increased costs of im­ (b) has been corrected to refer to trading between unrelated persons. ports and of domestic crude incurred § 150.356.

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 RULES AND REGULATIONS 27291

The definition of refiner-reseller has In arms-length transactions and selling which each such item was priced in those products to other resellers, transactions on May 15, 1973, at the been amended in § 150.352 to include cer­ nearest comparable outlet shall be used tain sales made to resellers or retailers retailers or ultimate consumers without substantially changing their form, or in computing the ceiling price. In com­ and sales to ultimate consumers other puting the ceiling price, a firm may not than sales of gasoline, No. 2-D diesel fuel commingling them for accounting pur­ poses with refined products. exclude any temporary special sale, deal and No. 2 heating oil to ultimate con­ or allowance in effect on May 15, 1973. sumers. The definition of refiner-retailer 2. Section 150.352 is amended by (2) Notwithstanding the provisions of is adjusted to allow for this change. revising the definition of “Refiner- subparagraph (1) of this paragraph, These amendments correct an inadvert­ retailer” to read as follows: monthly adjustments to the ceiling prices ent omission in the previous regulations. “Refiner-retailer” means a refiner or of No. 2 heating oil may be made on the Another change implemented in these that part of a refiner (other than a first day of each month beginning with amendments is the elimination of the re­ refiner-reseller) which sells covered November 1973 to reflect, on a dollar-for- quirement to certify increased costs of products to ultimate consumers. dollar basis, increased costs of No. 2 heat­ imported No. 2 heating oil. Sections 3. Section 150.352 is amended in the ing oil. If in any month a seller estab­ 150.358 (k) and 150.359(d) have been lishes a ceiling price for No. 2 heating oil changed accordangly. With the inclu­ definition of “Transaction” by changing sion Of an adjustment for increased costs the reference to “26 U.S.C. 1536(c)” to which does not include the entire amount read “ 26 U.S.C. 1563(a)” . of the increased costs of No. 2 heating of imports and of domestic crude petro­ oil allowable, the unused portions may be leum in adjusting ceiling prices of No. 2 4. Section 150.355 is revised to read as heating oil, a separate determination follow s: added to the May 15, 1973 selling price to compute the ceiling price for a subse­ and certification of increases in imported § 150.355 Ceiling price rule: Retail sales quent month. For any month in which product costs is no longer required. o f gasoline, No. 2 J ) diesel fuel and No. 2 heating oiL the cost of No. 2 heating oil decreases, the A minor change has also been made to seller’s ceiling price of No. 2 heating oil § 150.358(g), describing refiner’s base (a) Applicability. This section applies must be decreased to reflect on a dollar- prices by eliminating the provisions for to each retail sale of No. 2-D diesel fuel, computation of increased costs “for a for-dollar basis the decreases in cost of No. 2 heating oil and gasoline by a No. 2 heating oil. Any seller which in­ particular month.” The final change refiner-retailer, reseller-retailer, or re­ creases the ceiling price on No. 2 heating contained in these amendments is an tailer. amendment to § 150.361(c), for deter­ oil' pursuant to this subparagraph must (b) Definitions. As used in this sec­ submit a report in accordance with the mining base and ceiling prices upon ac­ tion— quisition of an entity. The use of the forms and instructions issued by the Cost “Increased costs of imports and do­ of Living Council by the fifth day of the single price level of May 15 eliminates mestic crude petroleum” means (1) with the computations of “actual cost” or “ac­ month in which the ceiling is Increased. respect to a refiner-retailer, the increased (e) Posting. No later than 11:59 p.m., tual markup,” and these references have costs of imports and domestic crude pe­ therefore been deleted from the section. local time, October 5, 1973, each seller of troleum as calculated pursuant to gasoline or No. 2-D diesel fuel shall post Because the purpose of these amend­ § 150.356(d) (1); and (2) with respect to ments is to provide immediate guidance the ceiling price in a prominent place on a retailer or reseller-retailer, the differ­ each pump used to dispense retail sales of as to Cost of Living Council decisions, I ence between the weighted average unit find that publication in accordance with gasoline or No. 2—D diesel fuel and the cost of the product concerned in inven­ octane number for that gasoline. The normal rulemaking procedures is im­ tory on September 27, 1973 and the practicable and that good cause exists ceiling price and octane number must be weighted average unit cost of the product certified and posted in the form and for making this amendment effective in concerned in inventory on May 15, 1973. less than 30 days. Interested persons may manner prescribed by the Cost of Living “Seller” means a retailer, reseller- Council. submit comments regarding these retailer or refiner-retailer. amendments. Communications should be 5. Section 150.356 is amended by revis­ addressed to the Office of General (c) Rule. (1) Effective 5:00 p.m.,e.s.t., ing paragraph (a) to read as follows: Counsel, Cost of Living Council, Wash­ September 28, 1973, no retailer or re­ seller-retailer of gasoline, No. 2-D diesel § 150.356 Allocation o f refiner’s in­ ington, D.C. 20508. fuel, or No. 2 heating oil may charge a creased costs o f imports and domestic (Economic Stabilization Act of 1970, as price with respect to a retail sale of any crude petroleum. amended. Pub. L. 92-210, 85 Stat. 743; Pub. L. such item which exceeds the ceiling price 93-28, 87 Stat. 27; E .0 .11695, 38 PR 1473; E.O. (a) Scope. This section prescribes the 11730, 38 PR 19345; Cost of Living Council for that item as determined in paragraph requirements governing the inclusion of Order No. 14, 38 PR 1489) (d) of this section. a refiner’s increased costs of imports and (2) Effective 11:59 pm., local time, domestic crude petroleum in the compu­ In consideration of the foregoing, September 30, 1973, no refiner-retailer o f tation of its ceiling prices for retail sales Chapter I of Title 6 of the Code of Fed­ gasoline, No. 2-D diesel fuel, or No. 2 of gasoline; No. 2-D diesel fuel, and No. 2 eral Regulations is amended as follows, heating oil may charge a price with re­ heating oil; and base prices for covered effective 5:00 p.m., e.s.t., September 28, spect to a retail sale of any such item products. This section does not apply to 1973 with respect to retailers, resellers, which exceeds the ceiling price for that increased costs of imports and increased reseller-retailers and refiner-resellers item as determined in paragraph (d) of costs of domestic crude petroleum for and effective 11:59 p.m., local time Sep­ this section. products a refiner resells as a refiner- tember 30, 1973 with respect to refiner- reseller pursuant to § 150.359. retailers and other refiners not acting (d) Ceiling prices. (1) The ceiling price as refiner-resellers. for retail sales of gasoline of a particular § 150.356 [Amended] octane number, No. 2-D diesel fuel and Issued in Washington, D.C. on Sep­ No. 2 heating oil by a seller at each out­ 6. Section 150.356 is amended in the tember 28, 1973. let where the seller retails such item is first paragraph of subparagraph (1) of (i) the weighted average price at which paragraph (c) to read as follows: Jo h n T . D u nlo p, (c) Allocation of increased costs— (1) Director, Cost of living Council. each such item was lawfully priced in transactions with the class of purchaser General rule. In computing its ceiling § 150.352 [Amended] concerned on May 15, 1973, at each such prices and base prices for covered prod­ 1. Section 150.352 is amended by revis­ outlet plus (ii) increased costs of imports ucts pursuant to §§ 150.355(d) and ing the definition of “Refiner-reseller” to and domestic crude petroleum as defined 150.358(g), a refiner may increase its read as follows: in paragraph (b) of this section. If the May 15, 1973 selling prices to each class seller first offered gasoline, No. 2-D diesel “Refiner-reseller” means that part of of purchaser each month beginning with a refiner which carries on the trade or fuel or No. 2 heating oil at a particular business of purchasing covered products outlet after May 15, 1973, the price at November 1973 by an amount to reflect

FEDERAL REGISTER, VOL. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 27292 RULES AND REGULATIONS

the increased costs of imports and in­ putation in lieu of the amount calculated (d) Certification. Each seller with re­ creased costs of domestic crude petro­ in subparagraph (1) of this paragraph. spect to each sale of gasoline other than leum allowable under paragraphs (d), 9. Paragraph (e) o f § 150.356 is a retail sale must certify in writing to (e) and (f) of this section: Provided, amended by changing the date “August the purchaser the octane number of the That the amount of increased costs used 1973” in the first sentence to read “Octo­ gasoline sold. in computing a ceiling price or base price ber T973” and by changing the date is calculated by use of the general for­ “July 31,1973” in the second sentence to 15. Section 150.361 is amended in sub- mula set forth in subparagraph (2) of read “September 30,1973”. paragraph (1) of paragraph (c) to read this paragraph. If, in any month begin­ 10. Paragraph (f) of § 150.356 is as follow s: ning with November 1973, a firm estab­ amended by changing the date “August § 150.361 New item and lease rule. lishes a base price for any covered prod­ 1973” to read “ October 1973” . * * * * * uct or a ceiling price for No. 2 heating oil which does not include the entire § 130.358 [Amended] (c) Base prices and base production amount of inceased costs calculated pur­ 11. Paragraph (g) o f § 150.358 is control levels upon acquisition. (1) If a suant to this formula and allowable amended to delete the phrase “for a par­ legal entity or a component of a legal under paragraphs (d), (e) and (f) of ticular month” in the first sentence. entity determines a base price or ceiling this section for a particular item, the 12. Section 150.358 is amended in sub- price pursuant to this subpart for a cov­ unused portion may be added to the paragraph (1) of paragraph (i) to read ered product which it sells to a partic­ May 15, 1973 selling price to compute as follows: ular market and the entity, or compo­ the respective base price or ceiling price (i) Current cost.— (1) Current costs.nent is subsequently acquired by another for a subsequent month. Curent costs are the net allowable costs firm, that covered product does not be­ incurred during the current cost period come a new item with respect to the same 7. Section 150.356 is amended in the with respect to the item concerned ex­ market. The base price or ceiling price of Superscripts section of subparagraph (2) the covered product with respect to that of paragraph (c) to read as follows: cluding increased costs of imports and increased costs of domestic crude petro­ market remains the base price or ceil­ SUPERSCRIPTS leum incurred after May 15, 1973 and ing price determined for it by the ac­ quired entity or component. n=The fiscal quarter of the preceding year measured pursuant to § 150.356. corresponding to the respective period 13. Paragraph (k) of § 150.358 is * * » * * of measurement. amended by adding a period after the [FR Doc.73-21089 Filed 10-1-73:10:50 am] o=The month of May 1973. phrase “octane number of the gasoline t=T he period of measurement. For ceiling sold” and deleting all that follows Title 14— Aeronautics and Space prices other than No. 2 heating oil, t = thereafter. the month of September 1973. For ceil­ [Airspace Docket No. 73-SW —46] ing prices of No. 2 heating oil and base 14. Section 150.359 is revised to read prices, t=m onth

FEDERAL REGISTER, V O L 38, NO. 190— TUESDAY, OCTOBER 2, 1973 RULES AND REGULATIONS 27293 differ substantially from the previous space meeting, the U.S. Air Force will Item 9. The procedures and modifica­ written comments generated by the orig­ contact other cattlemen to determine tions previously cited will minimize the inal proposal. their cattle areas. ~ inconveniences to the public in their The objections and comments sum­ Item 3. All scheduled air carrier opera­ transit of the airspace. More aviation in­ marized below, are a consolidation of tions will be allowed by LOA to operate, formation and safety controls will be comments generated by the NPRM and uninterrupted by means of protected air­ available during the exercise than cur­ the informal public airspace meeting. space over an agreed to period of time rently available. 1. The dates of the exercise should be and exercise aircraft will avoid air car­ Item 10. Adequate planning has been changed to eliminate hardships on air riers route of flight. The time of exclu­ accomplished for the timely issuance of tourism and ranching operations. sion east of Roswell was extended to traffic advisories and flight plan approv­ 2. Low flying exercise aircraft would' 2,000 local. als. If deficiencies are encountered, cor­ disrupt cattle round-up operations with Item 4. An acceptable alternate route rective measures and procedures will be attendant economic hardships. of flight will be jointly developed to adopted. 3. The exercise area would conflict with safely accommodate the Air Tour. Item 11. The large scale joint maneu­ a number of scheduled air carrier opera­ Item 5. The surface restriction will be ver requires sufficient ground and air­ tions, both en route and terminal. The raised to 500 feet AGL in the eastern por­ space volume to realistically test air and excluded time east of Roswell should be tion of the exercise area so that VFR op­ ground forces and their tactical control extended to 2000 local. erations can be conducted by general systems. Use of the existing WSMR re­ 4. The inclusion of the VFR corridor in aviation operators. Five airports, Alamo­ stricted airspace has minimized the size the restricted area would deny the New gordo, Artesia, Carrizozo, Roswell and of the exercise airspace. The existing re­ Mexico Air Tour access to Alamogordo. Ruidoso, will have airspace excluded stricted airspace in N. Mex., represents 5. The surface to PL 280 altitude desig­ from the exercise airspace. The excluded 11 percent of the State area. nation would deny various scheduled and airspace will be six nautical miles in di­ Item 12. The legal authority to utilize unscheduled general aviation operators ameter, centered on the airport, fropi the this airspace is contained in Sections 306 from flying clients to land development surface to 800 feet AGL. Exercise aircraft and 307 o f the Federal Aviation Act of projects, ranches and small towns. will not fly below 1,000 feet AGL in these 1958 as amended. 6. The exercise could create unreason­ areas. Item 13. The response in Item 11 ap­ able hazards and conceivably result in Item 6. The establishment of a tempo­ plies. The existing airspace at WSMR is accidents to the public on the ground and rary restricted área that is effectively not of sufficient size to contain the air in the air. controlled as such, minimizes the haz­ maneuvers that will be required as a re­ 7. An economic burden will be created ards. Any aircraft operator desiring to sult of reactions to the ever changing ex­ by the exercise. fly within the protected airspace will re­ ercise scenario. 8. The proposal was not published in ceive approval or recommended alter­ Item 14. The floor has been raised from sufficient time to allow an in-depth study nate flight routes or temporary delays the surface to 500 feet AGL as a result or to solicit comments. The aviation com­ and traffic advisories from the appropri­ of the comments made. The Air Force munity will not be notified of the exer­ ate FAA Flight Service Station, ARTC has stated that any increase above 500 cise area and procedures in time. Center facility or military controlling feet AGL will not allow for realistic low 9. The exercise represents an infringe­ agency. These agencies, their locations, altitude maneuvering and evaluation of ment upon the right of free access call signs, communication frequencies the tactical control system. Attendees at through public airspace. and telephone numbers (reverse charge) the informal airspace meeting who oper­ 10. The proposed method for issuing will be shown in the October 11 Airmen’s ate in the same area and for the same clearances for civil aircraft into the exer­ Information Manual, National NOTAM reasons as the writer of this comment cise area will be ineffective. and local wide spread distribution of in­ were satisfied with the modification to 11. Exercise area is excessive in size. formation by the FAA. Additional dis­ the airspace floor. 12. What legal right does military have semination will be made by New Mexico Item 15. The response in Item 6 ap­ to refuse citizens aerial access to almost private aviation publications to advise plies. Thorough coordination has been the entire southeast quarter of New both the aviation and ranch operators. planned and will be maintained between Mexico for any period of time. Broadcasts by appropriate FAA Flight the FAA and the Air Force to insure that 13. Existing airspace and land areas Service Stations, local news, radio and botl\ airborne and telephonic communi­ should be used. TV media will also be made to maximize cations are responsive to the VFR pilot. 14. The floor of the exercise airspace exposure to the public of the exercise and Item 16. The response in Item 2 ap­ should be raised from the surface to procedures for airspace use. Temporary plies. 5,000 feet AGL. road blocks will be placed on Route 54, Item 17. The military has stated that 15. Communications are/will be in­ within the VFR corridor between El Paso there will be no intentional supersonic adequate for the filing of VFR flight and Alamogordo, to exclude ground traf­ flight. Plans. fic from exercise hazards. Rerouting of Since modifications to the NPRM were 16. Disruption of ground traffic Will nonexercise aircraft to the east of R-5103 responsive to the public comments and aggravate timely cattle shipments. will allow VFR flights to be made into are less restrictive in nature than those 17. There will be supersonic flight and Alamogordo from the north and the of the NPRM, further public notice and sonic booms will create damage. south. procedure thereon are unnecessary. Each of the comments has been eval­ Item 7. Provisions have been made to In view of the military time require­ uated and modifications made to the allow VFR flying into a major portion of ments relating to this action and the original proposal where appropriate. the exercise area by raising the tempo­ length of time required to adequately re­ Other objections will be accommodated rary floor to 500 feet AGL. Also, the ad­ spond to all comments received, I find procedurally by means of a letter of herence to VFR flight plans proposed by that good cause exists for making this agreement (LOA) signed by the using nonparticipants and approved by the amendment effective less than 30 days and controlling agencies of the joint-use military or the FAA facilities surround­ after publication in the F e d e r a l R e g ­ restricted airspace. A reply to each of ing the exercise area will minimize ex­ i s t e r . the above comments is summarized as posure to hazards. In consideration of the foregoing, Parts follows: Item 8. Granted that insufficient lead 71 and 73 of the Federal Aviation Regu­ Item 1. The dates of the exercise can­ time was not made available to the pub­ lations are amended, effective 0001 local not be changed due to the level of effort lic the using agency has made major ac­ time, Qctober 26,1973, as hereinafter set and funds expended to date. commodations to minimize the impact of forth. In § 71.151 (38 FR 341) R-5120 Brave Item 2. The U.S. Air Force has agreed the aviation portion of the exercise to Shield VI, N. M ex.” is added. to avoid known areas of high concen­ nonparticipants. The publicity effort de­ In § 73.51 (38 FR 658) the following tration of cattle. In addition to the cat­ scribed in Items 3 and 6 is expected to be temporary restricted area is added: R - tle areas identified at the informal air- adequate. 5120 Brave Chield VI, N. Mex.

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 27294 RULES AND REGULATIONS

B oundaries CHAPTER I— FEDERAL AVIATION ADMIN­ tended from the 4-mile-radius zone to 6.5 Beginning at Lat. 33“26'50"N., Long. 107°- ISTRATION, DEPARTMENT OF TRANS­ miles south of the VOR. Excluding that por­ 00’00"W.; to Let. 33°21'00''N., Long. 107“- PORTATION tion within a 1-mile radius of the center 41°15'15" N., 72°02'00" W. of the Elizabeth, 08'00"W.; to Lat. 33“14'00"N., Long. 107“- [Airspace Docket No. 72-EA-82] 10'00"W.; to Lat. 32“06'20"N„ Long. 106“- New York Airport. This Control Zone is effec­ 3400" W.; then eastward along the southern PART 71— DESIGNATION OF FEDERAL tive from ()600 to 2300 hours daily, local time, boundary of R-5107A across the El Paso- AIRWAYS, AREA LOW ROUTES, CON­ and during specific dates and times estab­ Alamogordo VFR corridor to the southwest TROLLED AIRSPACE, AND REPORTING lished in advance by a Notice to Airmen. corner of R-5103 and continuing along its POINTS (Sec. 307(a), Federal Aviation Act of 1958 southern boundary to Lat. 32“00'15"N., Long. (49 U.S.C. 1655(C).) 105°56'40"W.; to Lat. 32°10'00"N.( Long. Designation of Transition Area 105“30W 'W .; to Lat. 32“10'00"N., Long. Issued in Burlington, Massachusetts, On page 15384 of the F ederal R egister 104°38'00"W.; to Lat. 32“31'00" N., Long. on September 13,1973. 104°19'00"W.; to Lat. 34°10'00"N., Long. for August 1, 1972, the Federal Aviation 103“41'00"W.; to Lat. 34°10'00"N., Long. Administration published a proposed F erris J. H o w la n d , 103°55'00"W.; to Lat. 34“18'00"N., Long. rule to designate a Grundy, Va„ Tran­ Director, New England Region. 103“55'00"W.; to Lat. 34°15'45"N., Long. sition Area. [FR Doc.73-20872 Filed 10-1-73;8:45 am] 106“40'30"W.; to Lat. 33“56'80"N., Long. Because of the failure of the NDB fa­ 106°44'00"W.; to Lat. 33“54'00"N., Long. cility to pass flight test criteria and the 106°46'30"W.; to' Lat. 33“32'45"N., Long. length of time elapsed since the original [Airspace Docket No. 73-EA-36] 106“58'45"W .; to point of beginning; exclud­ proposal, tiie proposed rule is herewith PART 73— SPECIAL USE AIRSPACE ing that airspace: withdrawn. 1. from the surface to 800 feet AGL within Alteration of Restricted Area 3 nautical miles of the Alamogordo, Artesla, (Sec. 307(a), Federal Aviation Act of 1058 Carrizozo, Roswell and Ruidoso, N. Mex., Air­ 72 Stat. 749 (49 U.S.C. 1348); sec. 6(c) De­ On June 28, 1973, a notice of proposed partment of Transportation Act (49 U.S.C. rulemaking (NPRM) was published in ports; 1655(c).) the F ederal R egister (38 FR 17019) 2. within a 15-nautical mile radius of the stating that the Federal Aviation Admin­ Roswell VORTAC from the surface to 12,000 Issued in Jamaica, N.Y., on Septem­ ber 13, 1973. istration (FAA) was considering an feet MSL from 0600-2200 local time daily; amendment to Part 73 of the Federal and excluding that airspace extending from M artin J. W h it e , Acting Director, Eastern Region. Aviation Regulations that would delete the surface to 12,000 feet during the period Boston ARTC Center as controlling 0600-2000 local time daily which encompasses [FR Doc. 73-20871 Filed 10-1-73; 8:45 am] agency for Camp Drum, N.Y., Restricted an area bounded by a line which is 4 miles Area, R-5201 and establish Watertown, north of and parallel to V-280 (Roswell [Airspace Docket No. 73-NE-26] N.Y., Flight Service Station as the suc­ VORTAC 051 “radial) extending northeast­ cessor controlling agency. ward from the Roswell 15-mile radius area PART 71— DESIGNATION OF FEDERAL Interested persons were afforded an AIRWAYS, AREA LOW ROUTES, CON­ to the eastern boundary of the proposed tem­ TROLLED AIRSPACE, AND REPORTING opportunity to participate in the pro­ porary restricted area, thence southwest POINTS posed rulemaking through the Submis­ along this boundary to a point 4 miles south­ sion of comments. All comments received west of V-83 (Carlsbad 331 “/Roswell 151“ Alteration of Control Zone were favorable. „ radial), thence northwest paralleling V-83 The Federal Aviation Administration In consideration o f the foregoing, Part and terminating at the Roswell 15-mile ra­ is amending § 71.171 of Part 71 o f the 73 of the Federal Aviation Regulations dius, thence counterclockwise along the 15- Federal Aviation Regulations so as to is amended, effective 0901 G.m.t., Octo­ mile arc to point of beginning. alter the Groton, Connecticut, Control ber 11, 1973, as hereinafter set forth. Designated altitudes. Surface to PL 280 in­ Zone (38 FR 383). § 73.52 (38 FR 662) is amended as clusive, with exceptions as stated, south and On or about September 25, 1973, the follow s: Federal Aviation Administration will de­ In R-5201, Controlling agency. “Bos­ west of a line beginning at Lat. 33°56'30"N ., ton ARTC Center” is deleted and “Water- Long. 106“44'00"W .; to Lat. 33°49'45"N ., commission the Groton Radio Beacon. This action requires the redesignation of town, N.Y. Flight Service Station” is Long. 106”45'20"W .; thence along the south­ substituted therefor. ern boundary of R-5107C to Lat. 33°44'45"N., the Groton Control Zone and will result in a reduction in the size of the Control This amendment is made under the Long. 106 “0 4 '0 0 "W .; thence along the east­ Zone. authority o f section 307(a) of the Federal ern boundary of R-5107B to Lat. 32“45'00"N., Since this amendment restores air­ Aviation Act of 1958 (49 U.S.C. 1348(a)) Long. 106°04'40"W .; to Lat. 32“45'00“N., space to the public use and is less re­ and section 6(c) of the Department of Long. 105“59'00“W.; thence clockwise along strictive, notice and public procedure Transportation Act (49 U.S.C. 1655(c)). the north and east boundary of R-5103 to hereon are unnecessary and the amend­ Issued in Washington, D.C., on Au­ Lat. 32“00'15"N., Long. 105“56'40"W.; and ment may be made effective in less than 500 feet AGL to FL 280 north and east thirty (30) days. gust 17,1973. thereof. In consideration of the following, the H . B . H elstrom , Time of designation. Continuous 0001 Federal Aviation Administration, having Chfef, Airspace and Air Traffic Rules Division. local, October 26, 1973, to 2359 local, Octo­ completed a review of the aircraft re­ ber 31, 1973. quirements in the terminal airspace of [FR Doc.73—26873 Filed 1 0-l-73 ;8 :45 am] Controlling agency. Federal Aviation Ad­ Groton, Connecticut, amends Part 71 of ministration, Albuquerque ARTC Center. the Federal Aviation Regulations effec­ [Docket No. 13228; Arndt. No. 139-3] Using agency. U.S. Air Force Readiness tive upon publication in the F ederal PART 139— CERTIFICATION AND OPER­ Command (USAFRED), Langley Air Force R egister * ATIONS: LAND AIRPORTS SERVING Base, Virginia. 1. Amend § 71.171 o f Part 71 of the Federal Aviation Regulations so as to CAB-CERTIFICATED AIR CARRIERS (Section 307(a), Federal Aviation Act of 1958 delete the description of the Groton, Airports and Heliports Unscheduled Oper­ (49 U.S.C. 1348(a)); section 6(c) Department Connecticut Control Zone and insert the ations with Small Aircraft Extension of of Transportation Act (49 U.S.C. 1655(c)).) Reporting Dates following in lieu thereof; Issued in Washington, D.C., on Sep­ The purpose of this amendment to Within a 4-mile radius of the center tember 28, 1973. 41“19'50" N., 72°02'50" W. of Trumbull Air­ § 139.12 o f Part 139 o f the Federal Avia­ C harles H. N e w p o l , port, Groton, Connecticut, within 2 miles tion Regulations is to extend from Octo­ Acting Chief, Airspace and each side of the Trumbull VOR 047° Radial ber 5, 1973, to December 15, 1973, the extending from the 4-mile-radius zone to 7 Air Traffic Rules Division. miles NE of the VOR; within 2 miles each time within which persons who on [FR Doc.73-21060 Filed 1 0 -l-73 ;8 :45 am] side of the Trumbull VOR 190° Radial ex­ May 20, 1973, were operating an airport

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 RULES AND REGULATIONS 27295 or heliport serving a CAB-certificated pliance with Part 139 and the consequent to airports expected to be used by air air carrier conducting only unsched- ' need to apply for an extension of their carrier users when the “frequency-of- uled operations or operations with small provisional certificate. operation” is 36 or more flights in any aircraft may apply for an extension of On September 10,1973, the FAA issued period of 90 consecutive days. The effect their airport operating certificate, and a notice of proposed rulemaking (Docket of this amendment, if adopted, would be to extend the time for submitting a No. 13202, Notice No. 73-25; 38 FR to narrow the applicability of Part 139. schedule of compliance showing how 26389, September 20, 1973) which pro­ In view of the foregoing and in order to compliance with thè requirements of poses amendment of Part 139 to clarify allow time for receipt of views and com­ Part 139 will be achieved. the meaning of the word “serving” used ments in response to Notice 73-25, and Part 139 of the Federal Regulations in prescribing the applicability of the time for consideration of those views provides for the issuance of airport op­ part and in certain provisions of the and comments, prior to possible rule erating certificates for land airports part, including § 139.12. making, the FAA has determined that serving CAB-certificated air carriers. As The FAA has received considerable there is a need to extend from Octo­ originally adopted, Part 139 was appli­ comment and recommendations regard­ ber 5, 1973, to December 15, 1973, the cable only to land airports serving ing the broadened applicability of Part time within which the operators of air­ “scheduled” air carriers operating large 139 to include all airports serving CAB- ports provisionally certificated under aircraft (other than helicopters). certificated air carriers. A substantial § 139.12(a) may meet the requirements A m e n d m e n t 139-1 (38 FR 9795) pub­ number of those comments assert that of § 139.12(b) in order to apply for an lished in the F e d e r a l R e g i s t e r on it is unreasonable and unrealistic to con­ extension of that certificate to May 21, April 20, 1973, amended Part 139, effec­ sider those airports or landing areas, 1974, and to extend from November 1, tive May 21, 1973, to make it applicable which only infrequently or occasionally, 1973, to December 15, 1973, the time to all airports serving air carriers certifi­ or seasonally, accommodate air carrier within which a certificate holder under cated by the Civil Aeronautics Board. operations, as “serving” air carriers. It § 139.12 would be required to submit As noted in the preamble to Amendment is further asserted that the economic a schedule for compliance showing how 139-1, the FAA recognized that the addi­ and practical burdens of complying with compliance with each requirement of tional airports that are required to the requirements o f Part 139 in these Part 139 will be achieved and any re­ comply with Part 139 by virtue of circumstances are disproportionate to quests for exemptions from any of those Amendment 139-1 would not be able the benefits of the air carrier operation requirements. The requirement for sub­ to comply with all of the requirements and unnecessary, by reason of the infre­ mission of a status report before Febru­ of Part 139 before the May 21, 1973, ef­ quent or occasional character of the air ary 15, 1974 under § 139.12(e) (3) is not fective date. The FAA had determined carrier activity. changed by this amendment. that those airports were able to conduct The FAA believes, in the light of com­ Since this amendment is an extension a safe operation, and that provisional ments received and based on additional of the effective dates of new require­ airport operating certificates, subject to airport data and information collected ments and imposes no additional burden such terms, conditions and limitations as during the course of the airport certifi­ on any person, I find that notice and the Administrator finds are reasonably cation program, that a distinction may public procedures thereon are unneces­ necessary to assure safety in air trans­ reasonably and properly be made be­ sary and that good cause exists for mak­ portation, should be issued to those air­ tween airports, for certification pur- ing this amendment effective on less ports pending their compliance with purposes, based on “frequency-of-opera­ than 30 days’ notice. Part 139. Accordingly, a new § 139112 was tion.” Precedent is found for this kind This amendment is made under the added to Part 139 which provisionally of distinction in § 121.7 o f Part 121 o f' authority of sections 313(a), 609, 610(a), certificated for a period of 45 days (until the Federal Aviation Regulations, which and 612 o f the Federal Aviation Act of July 5, 1973) airports and heliports requires intrastate common carriage by 1958 (49 U.S.C. 1354(a), 1429, 1430(a), which, on May 20, 1973, were serving commercial operators to be conducted in and 1432), and section 6(c) of the De­ CAB-certificated air carriers conducting accordance with rules applicable to do­ partment of Transportation Act (49 only unscheduled operations or opera­ mestic air carriers, if the commercial U.S.C. 1655(c)). tions with small aircraft in order that operator’s activity exceeds certain speci­ In consideration of the foregoing they might continue to serve such air fied rates, i.e., a total of 36 or more § 139.12 o f Part 139 o f the Federal Avi­ carriers pending compliance with Part flights or 18 or more rounds trips in any ation Regulations is amended, as fol­ 139. Section 139.12 also provided for the 90 consecutive days. This provision was lows, effective October 4, 1973; extension of that certification to May 21, incorporated in the regulations applic­ 1. Paragraph (a) and (d) are amended 1974, upon the request of the airport able to commercial operators in 1949, and by striking the date “ October 5, 1973,” operator prior to July 5, 1973, and com ­ no reasons based on safety considerations and inserting in lieu thereof the date pliance by the operator with the require­ for abolishing this frequency-of-opera- “ December 15, 1973.” ments o f that section. tion distinction have become apparent. 2. Paragraph (e) (2*) is amended by On June 28, 1973, the FAA issued Accordingly, the FAA has proposed in striking the date “November 1, 1973,” Amendment 139-2 to Part 139 (38 FR Notice No. 73-25 to amend Part 139 to and inserting in lieu thereof the date 1774; July 3, 1973) amending § 139.12 clarify and give definition to the term “ December 15, 1973.” by extending the July 5, 1973 date to “serving” as used in the Part. As pro­ As amended § 139.12 o f Part 139 reads October 5, 1973 (the time within which posed therein Part 139 would be appli­ as follows: the operators of airports provisionally cable to any airport expected to be used § 139.12 Issue o f certificates for airports certificated under § 139.12(a) may meet by scheduled air carriers as a regular, serving only unscheduled operations, the requirements of § 139.12(b) in order provisional, or refueling airport. Such or operations with small aircraft. airports are identified in air carrier op­ to apply for an extension of that certifi­ (a) Notwithstanding any other provi­ cate to May 21, 1974), and by extending erations specifications and have well de­ fined meanings, as follows: a regular sion o f this Part, a person who on May 20, the dates within which airport operators 1973, operated an airport or heliport must comply with the reporting require­ airport is an airport approved as a regu­ lar terminal or intermediate stop on an which serves CAB-certificated air car­ ments of § 139.12(e) (2) and (3) from riers conducting only unscheduled op­ September 1,1973, and January 15,1974, authorized route; a provisional airport is an airport approved for use by an air erations or operations with small air­ to November 1, 1973, and February 15, craft may continue to serve such air 1974, respectively, it then appearing to carrier for the purpose of providing service to a community when the regular carriers and is certificated under this the FAA that the 45-day provisional Part until December 15, 1973. certification period originally provided airport serving that community is not for in § 139.12 o f Amendment 139-1 did available; a refueling airport is an air­ (b) An airport operator may obtain not allow sufficient time for operators of port approved as an airport to which an extension of the certificate to May 21, those airports to determine the extent flights may be dispatched only for fuel­ 1974, if together with a request for such to which they might not be in full com- ing. The Part would also be applicable extension and delivery of the certificate,

FEDERAL REGISTER. VOL. 38. NO. 190— TUESDAY, OCTOBER 2, 1973 27296 RULES AND REGULATIONS it submits to the appropriate Regional (2) Be effective until May 21, 1974,schedule for compliance showing how Director: unless sooner surrendered, suspended, compliance with each requirement of (1) The name and address of the air­revoked, or otherwise terminated for vio­ this Part will be achieved, and any re­ port, the airport owner, and the airport lation of the terms of the certificate, quests for exemptions from any of those operator; and (d) If a request for extension and de­ requirements in accordance with Part 11 <2) Its assurances that at least the livery of an airport operating certificate or § 139.19 o f this Part; and level of safety current at the airport Issued under this section is not made (3) Submit a status report to the ap­ on May 21, 1973, will be maintained. before December 15, 1973, the certificate propriate Regional Director before Feb­ (c) An airport operating certificateterminates on that date. ruary 15, 1974, showing to what extent issued under this section shall— (e) The holder of a certificate issued compliance has been achieved. under this section shall— (1) Contain a provision that at least Issued in Washington, D.C., on Sep­ (1) Maintain at least the level of te m b e r 's , 1973. the current level of safety will be main­ safety current at the airport on May 21, tained at the airport, and such other 1973; A lexander P . B utterfield, terms, conditions or limitations that the (2) Submit to the appropriate Regional Administrator. Administrator may find necessary; and Director before December 15, 1973, a [PR Doc.73-20874 Piled 10-1-73:8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 27297 Proposed Rules

This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rulemaking prior to the adoption of the final rules.

department of agriculture the Order Regulating the Handling of Order1 Amending the Order Regulating Onions Grown in South Texas” which the Handling of Onions Grown in Agricultural Marketing Service have been decided upon as the approp­ South Texas [ 7 CFR Part 959 ] riate and detailed means of effectuating the foregoing conclusions. These docu­ § 959.0 Findings and determinations. / [Docket No. AO-322—A3] ments shall not become effective unless The findings and determinations ONIONS GROWN IN SOUTH TEXAS and until the requirements of § 900.14 of hereinafter set forth are supplementary Decision on Proposed Amendment to Mar­ the aforesaid rules of practice and pro­ and in addition to the findings and de­ keting Agreement and Order; Referen­ cedure governing proceedings to formu­ terminations made in connection with dum Order late marketing agreements and market­ the issuance of the order, and all of the ing orders have been met. said previous findings and determina­ This decision finds that the proposed tions are hereby ratified and affirmed amendment to allow expenditures of Referedum order. Pursuant to the ap­ plicable provisions of the Agricultural except insofar as such findings and de­ marketing order funds for production re­ terminations may be in conflict with the search should be adopted. The referen­ Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), it is hereby findings and determinations set forth dum order directs that a referendum be directed that a referendum be conducted herein. conducted among onion producers in thé among producers who, during the repre­ (a) Findings upon the basis of the production area to determine whether sentative period hereby determined to hearing record. Pursuant to the Ag­ such producers favor issuance of the be March 12,1973, through May 13,1973, ricultural Marketing Agreement Act of proposal. were engaged within the production 1937, as amended (7 U.S.C. 601-674) Pursuant to the Agricultural Market­ area, in the production of onions for and the applicable rules of practice and ing Agreement Act o f 1937, as amended market, to ascertain whether such procedure effective thereunder (Part 900 (secs. 1-19, 48 Stat. 31, as amended (7 producers favor the issuance of the said of this chapter), a public hearing was U.S.C. 601-674)), and the applicable annexed order. held in McAllen, Texas, on July 10, 1973, rules of practice and procedure govern­ Peter G. Chapogas, and David B. Fitz upon a proposed amendment of Market­ ing proceedings to formulate marketing of the Fruit and Vegetable Decision, Ag­ ing Agreement No. 143 and Order No. agreements and orders (7 CFR Part 900), ricultural Marketing Service, U8. De­ 959 (7 CFR Part 959) regulating the a public hearing was held in McAllen, partment of Agriculture, are hereby handling of onions grown in the South Texas, July 10, 1973. The notice thereof designated as referendum agents to con­ Texas production area. Upon the basis was published in the June 8, 1973, F ed­ duct said referendum severally or of the evidence introduced at such hear­ eral R egister (38 FR .15080) upon a jointly. The said agents may appoint ing and the record thereof, it is hereby proposed amendment to Marketing subagents to assist them in performing found that: Agreement -No. 143, and order No. 959, their functions hereunder. (1) The order as hereby amended, both as amended (7 CFR Part 959), here­ and all of the terms and conditions inafter collectively referred to as the The procedure applicable to the ref­ thereof, will tend to effectuate the de­ “order,” regulating the handling of on­ erendum shall be the “Procedure for the clared policy of the act with respect to ions grown in South Texas. Conduct of Referenda in Connection onions produced in the production area, On the basis of evidence presented at with Marketing Orders for Fruits, Veg­ by establishing and maintaining such etables, and Nuts Pursuant to the Ag­ orderly marketing conditions therefor the hearing and the record thereof, a ricultural Marketing Agreement Act of recommended decision in this proceeding as will tend to establish, as prices to was filed on August 14, 1973, with the 1937, as Amended” (7 CFR 900.400 et the producers thereof, parity prices and Hearing Clerk, U.S. Department of Agri­ seq.). by protecting the interest of the culture, and notice thereof was published The ballots used in such referendum consumer; shall contain a summary of the proposed in the August 17, 1973, issue o f the F ed­ (2) The order as hereby amended eral R egister (38 FR 22240). The notice amendment to be voted on. If any eligi­ regulates the handling of onions grown allowed interested persons until Septem­ ble voter does not receive a ballot by in the production area in the same ber 10,1973, for filing exceptions thereto. the beginning date of the referendum, manner as, and is applicable only to No exceptions were received. he may obtain one from David B. Fitz, persons in the respective classes of in­ Fruit and Vegetable Division, Agricul­ dustrial and commercial activity speci­ Material issues, findings, and conclu­ tural Marketing Service, U.S.' Depart­ sions, and general findings. The material fied in, a marketing agreement upon ment of Agriculture, 1321 North Tenth which hearings have been held; issues, findings and conclusions, and the Street, McAllen, Texas 78501, or at any general findings of the recommended de­ (3) The order as hereby amended is county agent’s office within the afore­ limited in application to the smallest re­ cision set forth in the F ederal R egister said production area. (38 FR 22240) are hereby approved and gional production area which is prac­ adopted as the material issues, findings It is hereby ordered, That this deci­ ticable, consistently with carrying out the and conclusions, and the general findings sion and referendum order, except the declared policy of the act;-~and the issu­ of this decision as if set forth in full annexed marketing agreement, be pub­ ance of several orders applicable to sub­ herein. lished in the F ederal R egister. The reg­ divisions of the production area would ulatory provisions of the said market­ Amendment of the marketing agree­ not effectively carry out the declared ing agreement, as amended, are identical policy of the act; ment and order. Annex hereto and made with those contained in the annexed a part hereof are two documents entitled order which will be published with this respectively “Marketing Agreement Reg­ decision. 1 This order shall not become effective un­ ulating the Handling of Onions Grown less and until the requirement of § 900.14 of in South Texas” 1 and “Order Amending Dated: September 27,1973. the Rules of Practice and Procedure, as Amended, Governing Proceedings to Formu­ James H . L ake, late Marketing Agreements and Marketing 1 Piled as part of the original document. Deputy Assistant Secretary. Orders, has been met.

FEDERAL REGISTER, VOL. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 No. 190------4 27298 PROPOSED RULES

(4) The order as hereby amended pre­ the Administrator in specific cases or byproduct, or meat food product ingredi­ scribes, so far as practicable, such dif­ by regulations, upon a determinaton that ent (s), or contains meat broth dr meat ferent terms, applicable to different parts they contain meat or other portions of stock, alone or in combination, as the of the production area, as are necessary such carcasses only in a relatively small only ingredient (s) of meat origin. For to give due recognition to the differences proportion or historically have not been purposes of this subparagraph, the equiv­ in the producton and marketing of considered by consumers as products of alent fresh meat content of a product onions grown in the production area; the meat food industry, and provided that is formulated with cooked meat as and they comply with any requirements that an ingredient shall be based on the fol­ (5) All onions handled by handlers, as are imposed in such cases or regulations lowing exchange ratio: defined in the order as hereby amended as conditions of such exemption to assure The minimum are in the current of interstate or foreign that the meat or other portions of such amount of the commerce or directly burden, obstruct, or carcasses contained in such articles are cooked meat needed affect such commerce. not adulterated and that such articles to represent an Order relative to handling, It is there­ are not represented as meat food prod­ equal quantity of raw fore ordered that on and after the effec­ ucts. The term “meat food product,” as Protein content meat as required by a tive date hereof, all handling of onions applied to food products of equines, has 'o f cooked meat product’s standard grown in the South Texas production a meaning comparable to that provided 23.9% and under______100% 24% to 28.9% ______75% . area shall be in conformity to and in in the Act and regulations with respect 29% to 31.9% ______- 62.5% compliance with, the terms and condi­ to cattle, sheep, swine, and goats. 32% to 35.9% ______56.25% tions of the order is hereby amended, These provisions are consistent with 36% and over______- ______50% as follows: section 1 (j) of the Federal Meat Inspec­ tion Act (21 U.S.C. 601 (j) ) which defines (2) Any reference to the presence of Section 959.48 Research and develop­ the meat, meat byproduct or meat food m ent is amended to read as follows: “meat food product.” Under section l(n) of the Act (21 U.S.C. 601(n) ), a product product ingredient(s) on the labeling § 959.48 Research and development. which contains meat in a quantity less does not represent or tend to represent than prescribed by regulation but which the food as a product of the meat food The committee, with the approval of industry; the Secretary, may establish or provide is purported to be a meat food product is misbranded. (3) The meat, meat byproduct or meat for the establishment of production re­ food product ingredient (s) used in the search, marketing research, and devel­ In fulfilling its responsibilities, the De­ partment hqs, on previous occasions, ad­ product were prepared under inspection opment projects designed to assist, and passed under the regulations in this improve, or promote the marketing, dis­ vised distributors of products containing relatively small portions of meat, meat subchapter, or were inspected under a tribution, consumption or efficient pro­ foreign inspection system that complies duction of onions. The expenses of such byproducts or meat food products as in­ gredients, in matters of labeling so as not with § 327.2 of this subchapter and that projects shall be paid from funds col­ were imported in com pliance with the lected pursuant to § 959.42. to be in violation of the Federal Meat In­ spection Act. Act and the regulations; and [PR Doc.73-20888 Filed 1 0-l-73 ;8 :45 am] Accordingly, the meat inspection reg­ (4) ' The immediate container of the ulations would be amended as follows : food bears a label which shows the name o f the product in accordance with this Animal and Plant Health Inspection Service 1. The Table of contents pertaining to Part 303 would be revised to reflect a new section. The aforesaid percentage of in­ [ 9 CFR Part 303 ] § 303.2 as follows. gredients shall be computed on the basis CERTAIN PRODUCTS WITH MEAT of the total product formula, except for' Sec. dehydrated products where such com­ INGREDIENTS / 303.2 Exemption from definition of “meat food product” of certain human putations will be made on basis of meat Exemption From Definition of a "Meat in ready-to-serve product, or as other­ Food Product” food products containing meat, meat byproduct and/or meat food wise stated in this section. Notice is hereby given in accordance product ingredient (s j . (b) Seasoning mixtures, canned beans with the administrative procedure provi­ or peas with meat in sauce, vegetables 2. Part 303 would be amended by add­ with meat and sauce, cake icings, chili sions in 5 Ü.S.C. 553, that the Depart­ ing a new § 303.2 to read: ment of Agriculture, pursuant to the beans and tomatoes with chili gravy, authority conferred by the Federal Meat § 303.2 Exemption from definition of dressings, sauces, crackers, cereal-base Inspection Act, as amended (34 Stat. "m eat food product” o f certain hu­ chips, snacks, and hors d’oeuvres if: 1260, as amended; 21 U.S.C. 601 et seq.), man food products containing meat, (1) They contain one or more meats, is considering amending Part 303 of the meat byproduct and/or meat food meat byproducts, or meat food products, meat inspection regulations (9 CFR Part product ingredient(s). alone or in combination, only in condi- 303) by adding a new § 303.2 to provide The following articles contain meat, mental quantities; and exemptions from the definition of "meat meat byproducts, or meat food product (2) They comply with the provisions food product” of certain human food ingredient(s) only in a relatively small of paragraph (a) (2), (3), and (4) of products that contain meat, meat by­ proportion, or historically have not been this section in all respects. products, or meat food products as considered by consumers as products of (c) Close-faced sandwiches (sliced ingredients. the meat food industry. Therefore, said bun or bread slices with enclosed meat Statement of considerations. The pur­ articles are exempted from the definition p rod u ct); game sausage or ground game pose of these proposed amendments is to of “meat food product” and the require­ meat with not more than 30 percent fat establish by regulation the policy of the ments of the Act and regulations appli­ of cattle, sheep, swine, or goats, singly Department in the matter of exempted cable to meat food products, if they com­ or in combination; meat and cheese food articles that contain meat, meat ply with the conditions specified in this products that contain, alone or in com­ byproduct, and/or meat food product section. bination, less than 15 percent meat, meat ingredient (s). (a) Any human food product not byproduct, or meat food product; gelatin, Paragraph (vv) of § 301.2 o f the Fed­ otherwise provided for in this section, if : faiono and diglycerides and polyglycerol eral meat inspection regulations pro­ (1) It contains 3 percent or less of anyesters of fatty acids; and minced meat vides in part that any article is a “meat raw meat, raw meat byproduct or meat pie fillings, dehydrated soups, bouillon food product” provided it is capable of food product, alone or in combination, and bouillon cubes and powdered, semi­ use as human food and made wholly or and provided such meat, meat byproduct solid, viscous or fluid soup bases, gravy in part f r-om any meat or other portion of or meat food product ingredient (s) are and sauce mixes, that contain meat ex­ the carcáss of any cattle, sheep, swine, or comminuted or otherwise processed to tract or meat fat, alone or in combina­ goats, except those exempted from the the point of being,visually indistinguish­ tion, as the only ingredient(s) of meat definition as a “meat food product” by able and unidentifiable as a meat, meat origin; and products consisting of meat,

FEDERAL REGISTER, VOL. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 PROPOSED RULES 27299 meat byproducts, or meat food products, Done at Washington, D.C., on Septem­ on July 10, 1972 (37 FR 14426) pasteur­ alone or in combination, blended with ber 26,1973. ized process cheese containing enzyme other food ingredients and intended for F . J. M u lh e r n , modified cheese has been manufactured the feeding of persons with special nu­ Administrator, Animal and Plant and distributed in institutional packs on tritional requirements for total mainte­ Health Inspection Service. a limited interstate marketing test basis. Results of consumer tests of the prod­ nance or significant portions thereof, if [FR Doc.73-20887 FUed 10-1-73:8:45 am] not to be sold through customary retail uct have been favorable. While certain stores or similar facilities: Provided, observations indicated the desirability That products covered under this para­ DEPARTMENT of health, of modifying formulation and production graph comply with the provisions of education, and welfare procedures, the use of enzyme modified Cheese is proving to be successful. * paragraph (a) (2), (3), and (4) of this Food and Drug Administration section in all respects. It should be noted that this petition to (d) Products of the types specified in [ 21 CFR Part 19 ] amend the subject standards of identity this section, except for products labeled DEFINITIONS AND STANDARDS OF IDEN­ was submitted in accordance with the “Pork and Beans,” will be deemed to be TITY FOR PASTEURIZED PROCESS proposal to amend regulations regarding represented as meat products if the name CHEESE, CHEESE FOOD AND CHEESE temporary permits for market testing of the meat, meat byproduct and/or SPREAD (21 CFR 10.5), which appeared in the F ederal R egister on December 9, 1972 meat food product ingredient(s) is used Proposed Use of Enzyme Modified Cheese in the product name of the product with­ as an Optional Ingredient (37 FR 26340). Application by the peti­ out appropriate qualifications. For ex­ tioner for extension of the temporary ample, a lima bean and sauce product Notice is given that a petition has permit with applicable conditions is that contains less than 12 percent ham been filed by L. D. Schreiber Cheese Co., published elsewhere in this issue of the may not be labeled “Lima Beans with Inc., 1607 Main St., Green Bay, W I 54305, F ederal R egister. Ham and Sauce” but, when appropriate, proposing that the definitions and stand­ For the purpose of simplification and could be labeled as “Lima Beans and ards of identity for pasteurized process consistency the Commissioner of Food Sauce, Flavored with Him.” Products cheese (21 CFR 19.750), pasteurized and Drugs proposes on his own initiative exempted under this section are subject process cheese food (21 CFR 19.765), and to amend § 19.750 (21 CFR 19.750) by to the requirements of the Federal Food, pasteurized process cheese spread (21 revising the last sentence of paragraph Drug, and Cosmetic Act. CFR 19.775) be amended to permit the (a) (1) which now reads (a) (1) “* * * Any person who wishes to submit writ­ use of enzyme modified cheese as an op­ one or more of the optional ingredients ten data, views, or arguments concern­ tional ingredient in these processed designated in paragraph (d) (1), (2), ing the proposed amendments may do cheese products. The functional purpose (3), (4), (5), (6), and (7) of this section so by filing them in duplicate, with the for the addition of enzymes to the cheese may be used.”, to read “ * * * one or Hearing Clerk, U.S. Department of Agri­ solids is to develop an intensified cheese mote of the optional ingredients desig­ culture, W ashington, D.C. 20250, by De­ flavor in the cheese solids. The modified nated in paragraph (d) of this” section cember 14,1973. cheese solids are then added as an in­ may be used.” This will eliminate the Any person desiring opportunity for gredient during the manufacture of the need to revise paragraph (a) (1) each oral presentation of views should address pasteurized process cheese, foods, and time paragraph (d) is amended. Also such requests to the Product Standards spreads, for the purpose of obtaining a paragraph (a) (1) in §§ 19.750, 19.765, Staff, Scientific and Technical Services, uniform desirable flavor in the finished and 19.775 will be consistent (21 CFR Meat and Poultry Inspection Program, process cheese products. 19.750,19.765, and 19.775). Animal and Plant Health Inspection Grounds given in support of the pro­ Therefore, pursuant to provisions of Service, U.S. Department of Agriculture, posal are as follows; the Federal Food, Drug, and Cosmetic Washington, D.C. 20250, so that arrange­ 1. Hie present standards of identity Act (secs. 401, 701, 52 Stat. 1046, 1055, ments may be made for such views to be for most natural cheeses provide for the as amended 70 Stat. 919 and 72 Stat.' presented prior to the date specified in addition of safe and suitable enzymes 948 (21 U.S.C. 341, 371)) and under the preceding paragraph. A record will during the manufacturing procedure, in authority delegated to the Commissioner be made of all views orally presented. addition to the enzymes occurring na­ (21 CFR 2.120), it is proposed that Part All written submissions and records turally in the milk from which the cheese 19 be amended as follows: is made, for the purpose of aiding in the of oral views made pursuant to this no­ 1. In § 19.750(a) by revising subpara­ tice will be made available for public development of desirable flavor and body characteristics in a natural cheese. graph (1) and by adding a new subpara­ Inspection in the Office of the Hearing graph (9) to paragraph (d) as follows: Clerk during regular hours of business, 2. Flavor uniformity is important in unless the person makes the submission pasteurized process cheese, cheese foods, § 19.750 Pasteurized process cheese; to the Staff identified in the preceding and cheese spreads. Considerable diffi­ identity; label statement o f optional paragraph and requests that it be held culty has been experienced in the prac­ ingredients. confidential. A determination will be tice of blending natural cheeses of vari­ (a) (1) Pasteurized process cheese is made whether a proper showing in sup­ ous varieties and ages so as to maintain the food prepared by comminuting and port of the request has been made on the uniform flavor consumers expect mixing, with the aid of heat, one or grounds that its disclosure could ad­ each time they purchase a food product. more cheeses of the same or two or more versely affect such person by disclosing The controlled addition of calculated varieties, except cream cheese, neufchatel information in the nature of trade se­ amounts of enzyme modified cheese solids cheese, cottage cheese, creamed cottage crets or commercial or financial infor­ of known flavor intensity will greatly cheese, cook cheese, hard grating cheese, mation obtained from any person and advance the technology of manufactur­ semisoft part-skim . cheese, part-skim privileged or confidential. If it is deter­ ing process cheese products of uniform spiced cheese, and skim milk cheese for mined that a proper showing has been flavor. manufacturing with an emulsifying made in support of the request, the ma­ 3. Present methods of curing natural agent prescribed by paragraph (c) of terial will be held confidential; other­ cheeses to develop desired flavor and this section into a homogeneous plastic wise, notice will be given o f denial of such body characteristics for subsequent use mass. One or more of the optional in­ request and an opportunity afforded for in pasteurized process cheese, cheese gredients designated in paragraph (d) of withdrawal of the submission. Requests foods, and cheese spreads is time con­ this section may be used. for confidential treatment will be held suming, costly and many times results ***** confidential (7 CFR 1.27 ( c ) ) . in losses when undesirable flavors de­ velop or the cheese spoils. (d) * * • Comments on the proposal should (9) Safe and suitable enzyme modi­ bear a reference to the date and page 4. Under a temporary marketing per­ number of this issue of the F ederal mit issued to L. D. Schreiber Cheese Co., fied cheese. R egister. Inc., published in the F ederal R egister * * * ♦ •

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 27300 PROPOSED RULES

2. In § 19.765(e) by adding a neW sub- made for informal conferences with Fed­ cates a need to alter the transition area paragraph (9) as follows: eral Aviation Administration officials by to conform to the criteria of the Termi­ § 19.765 Pasteurized process cheese contacting the Chief, Airspace and Pro­ nal Instrument Procedures (TERPS). food; identity; label statement o f cedures Branch, Eastern Region. Interested parties may submit such optional ingredients. Any data or views presented during written data or views as they may desire. * * * * ' * such conferences must also be submitted Communications should be submitted in in writing in accordance with this notice triplicate to the Director, Eastern Re­ (e) * * * in order to become part of the record for (9) Safe and suitable enzyme modi­ gion, Attn.: Chief, Air Traffic Division, consideration. The proposal contained in Department of Transportation, Federal fied cheese. this notice may be changed in the light of • * * * * t Aviation Administration, Federal Build­ comments received. ing, John F. Kennedy International 3. In § 19.775 by adding a new sub- The official docket will be available for Airport, Jamaica, New York 11430. All paragraph (10) to paragraph (f) as examination by interested parties at the communications received on or before follow s: Office of Regional Counsel, Federal Avia­ November 1, 1973, will be considered be­ tion Administration, Federal Building, § 19.775 Pasteurized process cheese fore action is taken on the proposed spread; identity; label statement of John F. Kennedy International Airport, amendment. No hearing is contemplated optional ingredients. Jamaica, New York. “at this time, but arrangements may be ***** The Federal Aviation Administration, made for informal conferences with Fed­ (f) * * * having completed a review of the air­ eral Aviation Administration officials by space requirements for the terminal area contacting the Chief, Airspace and Pro­ (10) Safe and suitable enzyme modi­ of Monticello, New York, proposes the cedures Branch, Eastern Reigon. fied cheese. airspace action hereinafter set forth: * * * * * Any data or views presented during 1. Amend § 71.181 of Part 71 o f the such conferences must also be submitted Interested persons may, on or before Federal Aviation Regulations by deleting in writing in accordance with this notice December 3, 1973, file with the Hearing the description of the Monticello, N.Y. in order to become part of the record Clerk, Food and Drug Administration, transition area and by substituting the for consideration. The proposal con­ Rm. 6-86, 5600 Fishers Lane, Rockville, following in lieu thereof: tained in this notice may be changed in MD 20852, written comments (preferably That airspace extending upward from 700 the light of comments received. in quintuplicate) regarding this proposal. feet above the surface within an 8-mile The official docket will be available for Comments may be accompanied by a radius of the center, 41s4 2 '0 1 " N., 74s47'59'' W. of SulUvan County International Airport, examination by interested parties at the memorandum or brief in support thereof. Office of Regional Counsel, Federal Avia­ Received comments may be seen in the Monticello, N.Y., extending clockwise from a 033° bearing to a 111° bearing from the air­ tion Administration, Federal Building, above office during business hours, Mon­ port; within a 7.5-mile radius of the center John F. Kennedy International Airport, day through Friday. of the airport, extending clockwise from a Jamaica, New York. Dated: September 24,1973. 111* bearing to a 169° bearing from the air­ The Federal Aviation Administration, port; within a 6.5-mile radius of the center having completed a review of the air­ S am D. F in e , of the airport, extending clockwise from a Associate Commissioner 169° bearing to a 318° bearing from the air­ space requirements for the terminal area for Compliance. port; within an 8.5-mile radius of the center of Sussex, New Jersey, proposes the air­ of the airport, extending clockwise from a space action hereinafter set forth: (PR Doc.73-20914 Filed 10-l-73;8:45 am] 318° bearing to a 340s bearing from the air­ 1. Amend § 71.181 of Part 71 o f the port; within an 11.5-mile radius of the cen­ Federal Aviation Regulations by deleting ter of the airport extending clockwise from a DEPARTMENT OF 340° bearing to a 033° bearing from the air­ the description of the Sussex, N. J. transi­ TRANSPORTATION port; within 3.5 miles each side of the 130s tion area and by substituting the follow­ bearing from the W hite Lake RBN (41°41'51" ing in lieu thereof: Federal Aviation Administration N., 74°47'48" W.) extending from the 8-mile That airspace extending upward from 700 ‘ [ 14 CFR Part 71 ] and 7.5-mile radius areas to 8.5 miles south­ feet above the surface within a 9-mile radius east of the RBN; and within 4.5 miles each [Airspace Docket No. 73-EA-78] of the center, 41°12'00" N., 74°37'00" W., of side of the Sullivan County International Sussex Airport, Sussex, N.J., extending clock­ TRANSITION AREA Airport ILS localizer northwest course, ex­ wise from a 005° bearing to a 074° bearing tending from the 6.5-mile, 8.5-mile and 11.5- from the airport; within an 11.5-mile radius Proposed Alteration mile radius areas to 11.5 miles northwest of of the center of the airport, extending clock­ The Federal Aviation Administration the LOM (41°45'59" N., 74°51'39" W.)< wise from a 074° bearing to a 197s bearing is considering amending § 71.181 o f Part This amendment is proposed under from the airport; within a 7.5-mile radius 71 of the Federal Aviation Regulations of the center of the airport, extending clock­ section 307(a) of the Federal Aviation wise from a 197° bearing to a 234° bearing so as to alter the Monticello, N.Y., Tran­ A ct o f 1958 [72 Stat. 749; 49 U.S.C. 1348] from the airport; within an 11.5-mile radius sition Area (38 FR 538). and section 6(c) of the Department of of the center of the airport, extending clock­ New instrument procedures have been Transportation Act [49 U.S.C. 1655(c)]. wise from a 234° bearing to a 269° bearing developed for Sullivan County Interna­ from the airport; within a 9.5-mile radius tional Airport, Monticello, N.Y. These Issued in Jamaica, N.Y., on Septem­ of the center of the airport, extending clock­ new procedures will require an altera­ ber 12,1973. wise from a 269 s bearing to a 329 s bearing tion of the transition area to protect air­ R obert H . S tan ton , from the airport; and within a 12-mile Director, Eastern Region. radius of the center of the airport, extending craft executing the new procedures. clockwise from a 329 s bearing to a 005 s [FR Doc.73-20875 Filed 10-l-73;8:45 am] Interested parties may submit such bearing from the airport. This transition area written data or views as they rfiay de­ is effective from sunrise to sunset, daily. sire. Communications should be submit­ ted in triplicate to the Director, East­ [ 14 CFR Part 71 ] This amendment is proposed under ern Region, Attn: Chief, Air Traffic [Airspace Docket No. 73-EA-81] section 307(a) of the Federal Aviation Act o f 1958 (72 Stat. 749 (49 U.S.C. Division, Department of Transportation, TRANSITION AREA Federal Aviation Administration, Federal 1348)) and section 6(c) of the Depart­ Building, John F. Kennedy Interna­ Proposed Alteration ment of Transportation Act (49 U.S.C. tional Airport, Jamaica, New York 11430. The Federal Aviation Administration 1 65 5(c)). is considering amending § 71.181 of Part All communications received on or be- Issued in Jamaica, N.Y., on Septem­ for November 1, 1973, will be considered 71 of the Federal Aviation Regulations so as to alter the Sussex, N.J., Transition ber 13,1973. before action is taken on the proposed Area (38 FR 585). M artin J. W h it e , amendment. No hearing is contemplated A review of the terminal airspace re­ Acting Director, Eastern Region. at this time, but arrangements may be quirements for Sussex, New Jersey, indi­ [FR Doc.73-20876 Filed 10-l-73 ;8 :45 am]

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 PROPOSED RULES 27301

[ 14 CFR Part 71 ] 1348) and section 6(c) of the Depart­ 274° bearing from the airport; within a 6- mile radius of the center of the airport, ex­ [Airspace Docket No. 73-EA-82] ment of Transportation Act (49 U.S.C. tending clockwise from a 274° bearing to a 1 65 5(c)). 305° bearing from the airport; within an 8.5- TRANSITION AREA Issued in Jamaica, N.Y., on Septem­ mUe radius of the center of the airport, ex­ Proposed Alteration tending clockwise from a 305° bearing to a ber 14,1973. 036° bearing from the airport; within 6.5 R obert S tan ton , The Federal Aviation Administration H. miles northeast and 4.5 miles southwest of is considering amending § 71.181 o f Part Director, Eastern Region. the Pottstown, Pa. VORTAC 294° and 114° 71 of the Federal Aviation Regulations [PR Doc.73-20877 Filed 10-l-73;8:45 am] radiais, extending from 5.5 miles northwest so as to alter the York, Pa., Transition of the VORTAC to 11.5 miles southeast of the Area (38 FR 604). VORTAC; within a 5-mile radius of the cen­ [1 4 CFR Part 71] ter, 40\14'15" N., 75°33'45" W. of Pottstown- A review of the airspace requirements Limerick Airport, Pottstown, Pa. extending for York, Pennsylvania, indicates a need [Airspace Docket No. 73—EA—83] clockwise from a 346° bearing to a 223° bear­ to alter the transition area to conform TRANSITION AREA ing from the airport; within a 5.5 mile radius to the criteria of the Terminal Instru­ of the center of the airport, extending clock­ ment Procedures (TERPS). Proposed Alteration wise from a 223° bearing to a 346® bearing Interested parties may submit such The Federal Aviation Administration from the airport; and within 9.5 miles west written data or views as they may desire. is considering amending § 71.181 o f Part and 4.5 miles east of Pottstown, Pa. VORTAC Communications should be submitted in 190° radial, extending from the VORTAC to 71 of the Federal Aviation Regulations 18.5 miles south of the VORTAC; within 5 triplicate to the Director, Eastern Re­ so as to alter the Pottstown, Pa., Transi­ miles each side of the Pottstown, Pa. VOR gion, Attn: Chief, Air Traffic Division, tion Area (38 FR 561). TAC 086° radial, extending from the Potts­ Department of Transportation, 4 Federal A review of the airspace requirements town, Pa. VORTAC to 18 miles east of the Aviation Administration, Federal Build­ for Pottstown, Pennsylvania, indicates a VORTAC; excluding the portion that coin­ ing, John F. Kennedy International Air­ need to alter the transition area to con­ cides with the North Philadelphia, Pa. and port, Jamaica, New York 11430. All com ­ form to the criteria of the Terminal In­ Toughkenamon, Pa. transition areas. munications received on or before No­ strument Procedures (TERPS). This amendment is proposed under vember 1, 1973 will be considered before Interested parties may submit such section 307(a) of the Federal Aviation action is taken on the proposed amend­ written data or views as they may de­ Act of 1958 (72 Stat. 749; 49 U.S.C. 1348) ment. No hearing is contemplated at sire. Communications should be sub­ and section 6(c) of the Department of this time, but arrangements may be mitted in triplicate to the Director, East­ Transportation Act (49 U.S.C. 1655 ( c ) ) . made for informal conferences with Fed­ ern Region, Attn: Chief, Air Traffic Divi­ eral Aviation Administration officials by sion, Department of Transportation, Issued in Jamaica, N.Y., on Septem­ contacting the Chief, Airspace and Pro­ Federal Aviation Administration, Federal ber 14, 1973. cedures Branch, Eastern Region. Building, John F. Kennedy International R obert H. S ta n to n , Any data or views presented diming Airport, Jamaica, New York 11430. All Director, Eastern Region. such conferences must also be submitted communications received on or before [FR Doc.73-20878 Filed 10-1-73;8:45 am] in writing in accordance with this no­ November 1, 1973, will be considered be­ tice in order to become part of the rec­ fore action is taken on the proposed ord for consideration. The proposal con­ amendment. No hearing is contemplated [1 4 CFR Part 7 1 ] tained in this notice may be changed in at this time, but arrangements may be [Airspace Docket No. 73—EA—86] the light of comments received. made for informal conferences with Fed­ The official docket will be available for eral Aviation Administration officials by TRANSITION AREA examination by interested parties at the contacting the Chief, Airspace and Pro­ Proposed Alteration cedures Brandi, Eastern Region. Office of Regional Counsel, Federal Avi­ The Federal Aviation Administration ation Administration, Federal Building, Any data or views presented during John F. Kennedy International Airport, such conferences must also be submitted is considering amending § 71.181 of Part Jamaica, New York. in writing in accordance with this notice 71 of the Federal Aviation Regulations in order to become part of the record for so as to alter the St. Marys, Pa., Transi­ The Federal Aviation Administration, tion Area (38 FR 571). haying completed a review of the air­ consideration. The proposal contained in space requirements for the terminal area this notice may be changed in the. light A review of the airspace requirements of York, Pennsylvania, proposes the air­ of comments received. for St. Marys, Pennsylvania, indicates space action hereinafter set forth : The official docket will be available for a need to alter the transition area to examination by interested parties at the conform to the Terminal Instrument 1. Amend § 71.181 o f Part 71 o f the Procedures (TERPS). Federal Aviation Regulations by deleting Office of Regional Counsel, Federal Avia­ the description of the York, Pa. transi­ tion Administration, Federal Building, Interested parties may submit such tion area and by substituting the follow­ John F. Kennedy International Airport, written data or views as they may desire. Jamaica, New York. Communications should be submitted in ing in lieu th ereof: The Federal Aviation Administration, triplicate to the Director, Eastern Region, That airspace extending upward from 700 having completed a review of the airspace Attn: Chief, Air Traffic Division, Depart­ feet above the surface within a 5-mile radius requirements for the terminal area of ment of Transportation, Federal Avi­ of the center, 3 9°55'09" N., 76°52'30" W ., Pottstown, Pennsylvania, proposes the ation Administration, Federal Building, of the York Airport, York, Pa.; within a 7- mile radius of the center of the airport, airspace action hereinafter set forth: John F. Kennedy International Airport, extending clockwise from a 069° bearing to 1. Amend § 71.i81 of Part 71 of the Jamaica, New York 14130. All communi­ a 205° bearing from the airport; within an Federal Aviation Regulations by deleting cations received on or before November 1, 8.5- mile radius of the center of the Airport, the description of the Pottstown, Pa., 1973, will be considered before action is extending clockwise from a 205° bearing to transition area and by substituting the taken on the proposed amendment. No a 244° bearing from the airport; Within a 7- following in lieu thereof: hearing is contemplated at this time, but mile radius of the center of the airport, ex­ arrangements may be made for informal tending clockwise from a 244° bearing to a That airspace extending upward from 700 conferences with Federal Aviation Ad­ 271° bearing from the airport and within feet above the surface within a 6-mile radius 3.5- miles each side of the 336° and 156° of the center, 40®15'45" N., 75°40'00'' W . of ministration officials by contacting the bearings from the Thomasville, Pa. RBN (39°- Pottstown Municipal Airport, Pottstown, Pa., Chief, Airspace and Procedures Branch, 58'39" N., 76°54'35" W.), extending from extending clockwise from a 036° bearing to a Eastern Region. the 5-mile radius area to 11.5 miles north­ 147° bearing from the airport; within a 6.5- Any data or views presented during west of the RBN. mile radius of the center of the airport, ex­ such conferences must also be submitted tending clockwise from a 147° bearing to a This amendment is proposed under 200° bearing from the airport; within an 8- in writing in accordance with this notice section 307(a) of the Federal Aviation mile radius of the center of the airport, ex­ in order to become part of the record for Act of 1958 (72 Stat. 749; 49 U.S.C. tending clockwise from a 200° bearing to a consideration. The proposal contained in

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 27302 PROPOSED RULES

this notice may be changed in the light ing of locomotives and cars for repair istration, 400 Seventh Street SW., Wash­ of comments received. and storage; and the moving of rail ington, D.C. 20590, before October 31, The official docket will be available for equipment in connection with work serv­ 1973, stating the amount o f time required examination by interested parties at the ice not constituting a road movement. for his initial statement. Office of Regional Counsel, Federal Avia­ In addition, the proposed amendment This notice is issued under the author­ tion Administration, Federal Building, would prohibit end footboards and pilot ity of the Safety Appliance Acts (secs. 2, John F. Kennedy International Airport» steps on switching service locomotives 4 and 6, 27 Stat. 531, as amended, secs. 1 Jamaica, New York. (except steam) because switching steps and 3, 32 Stat. 943, as amended, secs. 1-6, The Federal Aviation Administration, will serve the same purpose and provide 36 Stat. 298-299, as amended, sec. 6 (e) having completed a review of the air­ more safety for railroad employees. and ( f ) , 80 Stat. 939; (45 U.S.C. 2, 4 6 8 space requirements for the terminal area Steam locomotives used in switching 10, 11-16, 49 U.S.C. 1655)). of St. Marys, Pennsylvania, proposes the service would continue to be required Issued in Washington, D.C., on Sep­ airspace action hereinafter set forth: to be equipped with safety appliances tember 26,1973. 1. Amend Section 71.181 of Part 71 oprescribed f in § 231.16. the Federal Aviation Regulations by de­ The cost of compliance with the pro­ J o h n W. I ngram, leting the description of the St. Marys, posed requirements on new locomotives Administrator. Pa. transition area and by substituting and in most cases on existing locomo­ I. It is proposed to amend Part 231 by the following in lieu thereof: tives, is believed to be reasonable in light adding a new § 231.30 as follows: That airspace extending upward from 700 of the benefit of improved safety for rail­ § 231.30 Locomotives used in switching feet above the surface within a 5.5-mile road employees engaged in switching service. radius of the center 41°24'45" N., 78°30'20" operations. However, the design of some W . of St. Marys Municipal Airport, St. Marys, locomotives may be such that extensive (a) General requirement. (1) Each lo­ Pa.; within 2.5 miles each side of the Slate modifications would be required to bring comotive (except steam) used in switch­ Run, Pa. VORTAC 256° radial, extending them into compliance with the proposed ing service which is built after Decem­ from the 5.5-mile radius area to 22 miles west standards. In such a case a railroad may ber 31,1973 must be equipped as provided of the VORTAC. petition the FRA for an exemption as in this section. This amendment is proposed under provided in Part 211 of Title 49 of the (2) After December 31, 1976, each lo­ section 307(a) of the Federal Aviation Code of Federal Regulations. comotive (except steam) used in switch­ A ct o f 1958 (72 Stat. 749; 49 U.S.C. 1348) Interested persons are invited to par­ ing service, which was built before Jan­ and section 6(c) of the Department of ticipate in the making of these standards uary 1, 1974, must be equipped as pro­ Transportation Act (49 U.S.C. 1655(c)). by submitting written data, views, or vided in ths section. comments. Communications should iden­ (3) Each steam locomotive used in Issued in Jamaica, N.Y., on Septem­ tify the regulatory docket number, and switching service must be equipped as ber 17, 1973. should be submitted in triplicate to the is provided in § 231.16. R obert H. S tanton, Docket Clerk, Office of the Chief Counsel, (4) Before (90 days after effective Director, Eastern Region. Federal Railroad Administration, 400 date) each railroad that is in operation [PR Doc.73-20879 Filed 10-1-73; 8:45 am] Seventh Street SW., Washington, D.C. on (the effective date) and has in serv­ 20590. Communications received before ice locomotives to which this section ap­ October 31, 1973 will be considered by plies shall submit to the Federal Railroad Federal Railroad Administration the Federal Railroad Administrator be­ Administrator for approval three copies fore taking final action on the proposed of a program to bring all those locomo­ [4 9 CFR Part 2 3 1 ] rules. All comments received will be tives (except steam) into compliance wth [Docket No. SA-2] available for examination by interested this section by January 1,1977. Each rail­ LOCOMOTIVES USED IN SWITCHING persons at any time during the regular road that commences operations after SERVICE working hours in Room 5100, Nassif (the effective date) shall submit three Building, 400 Seventh Street SW., Wash­ copies of such a program to the Federal Railroad Safety Appliance Standards ington, D.C. The proposals contained in Railroad Administrator for approval at The Federal Railroad Administration this notice may be changed in light of least 90 days prior to the date on which (FRA) is considering an amendment to comments received. it commences operations. Part 231, Railroad Safety Appliance In addition, the FRA will conduct a (b) Definitions. (1) Switching service Standards, to prescribe safety appliance public hearing at 10:00 a.m. cm Novem­ means the classification of cars accord­ standards for locomotives engaged in ber 1, 1973, in Room 6202, 400 Seventh ing to commodity and destination; the switching service. Street SW., Washington, D.C. assembling of cars for train movements; The proposed amendment would re­ The hearing will be an informal one, changing the position of cars for purposes quire all locomotives (except steam) used not a judicial or evidentiary type of of loading, unloading, and weighing; the in switching service which are built after hearing. There will be no cross-examina­ placing of locomotives and cars for re­ December 31, 1973 to be equipped with tion of persons making statements. A pair and storage; and the moving of rail switching steps, vertical handholds and staff member of the FRA will make an equipment in connection with work serv­ uncoupling mechanisms which meet pre­ opening statement outlining the matter ice not constituting a road movement. scribed specifications. Locomotives built set for hearing. Interested persons will (2) The safety tread surface is that before January 1,1974 would be required then have an opportunity to present porton of nonskid surface of a switching to be retrofitted with the prescribed their oral statements. At the completion step that actually contacts shoe or boot. safety appliances by January .1, 1977. of all initial oral statements, those per­ Rather than prescribe a specific schedule (3) The uncoupling mechanism is the sons who wish to make rebuttal state­ arrangement for operating the coupler for meeting the retrofit deadline, the ments will be given the opportunity to do proposed amendment provides for rail­ lock lift, including the uncoupling lever so in the same order in which they made and all other appurtenances that facili­ roads to submit their retrofit programs their initial statements. Additional pro­ tate operation of the coupler. to FRA for approval. FRA believes that cedures for conducting the hearing will individual railroads are in a better posi­ be announced at the hearing. (c) Switching steps— (1) Number. tion to develop a retrofit schedule Interested persons may present oral or Each locomotive used in switching serv­ tailored to fit their particular situation. written statements at the hearing. All ice must have four (4) switching steps. Switching service would be defined as statements will be made a part of the (2) Dimensions. Each switching step classification of cars according to com­ record of the hearing and be a matter of must have— modity and destination; the assembling public record. Any person who wishes to (i) A minimum width of twenty-four of cars for train movements; changing make an oral statement at the hearing (24) inches. the position of cars for purposes of load­ should notify the Docket Clerk, Office of (ii) A minimum depth of tread of ten ing, unloading, and weighing; the plac­ Chief Counsel, Federal Railroad Admin­ (10) inches.

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 PROPOSED RULES 27303

(iii) A m inim um height of back stop National Highway Traffic Safety Comment closing date: November 2, or four (4) inches above the tread Administration 1973. surface. [ 49 CFR Part 571 ] Proposed effective date: Date of publi­ cation. (iv) A height of not more than fifteen [Docket No. 73-16; Notice 3] (15) inches or less than twelve (12) (Secs. 103, 119 Pub. L. 89-563, 80 Stat. 718 inches measured from the top of the rail SEAT BELT ASSEME-IES (15 U.S.C. 1392, 1407); delegation of author­ to the top of the tread surface. Reduction in Lap Belt Retractor Force ity at 49 CFR 1.51 and 49 CFR 501.8.) (3) Location. Switching steps must be Issued on September 25,1973. located at each comer of locomotives The purpose of this notice is to pro­ used in switching service. The bottom pose an amendment to S4.3(j) (4) of R obert L. C arter, step of the stairways at these locations Motor Vehicle Safety Standard No. 209, Associate Administrator, may also serve as a switching step pro­ Seat Belt Assemblies, that will reduce Motor Vehicle Programs. vided it meets all the requirements of the minimum retraction force required [FR Doc.73-20909 Filed 1 0-l-73 ;8 :45 am] this section. of emergency locking seat belt retrac­ (41 Manner of application, (i) Switch­ tors attached to lap belts from 1.5 pounds to 0.6 pound. FEDERAL COMMUNICATIONS ing steps must be supported by a bracket COMMISSION at each end and fastened to the bracket The reduction in force is being pro­ by two bolts of at least once half <%) posed in response to a suggestion by [ 47 CFR Part 73 ] Toyo Kogyo, to the effect that the 1.5- inch diameter or by a weldment of at [Docket No. 19828; FCC 73-981] least twice the strength of a bolted pound force requirement will often prove attachment. excessive for occupant comfort. Upon FM BROADCAST STATIONS IN consideration of Toyo Kogyo’s comment, LEXINGTON, MO. (ii) Vertical clearance over the full the agency has tentatively concluded that Proposed Table of Assignments depth of the tread surface of the switch­ the minimum force level for an emer­ ing step must be unobstructed and free gency locking retractor attached only to In the matter of amendment of for use for a lateral distance of not less a lap belt should be the same as the § 73.202(b), FM Broadcast Stations. than seven (7) feet. minimum force level of 0.6 pound speci­ (Lexington, M issouri), Docket No. 19828, (5) Material, (i) Steel antiskid, safetyfied in S4.3(i) for an automatic locking RM-1910. design, having not less than fifty percent retractor. 1. .The Commission has under consid­ (50%) of the tread surface as open space. It should be noted that the minimum eration the above-captioned petition for (ii) When the step material creates a retraction force requirement has only rule making filed by KLEX, Incorporated second level safety tread surface, the recently been numbered as S4.3(j)(4). (KLEX), the licensee of Stations KLEX- maximum difference in surface levels may The requirement had formerly been FM and daytime-only KLEX (AM) in not exceed three-eighths (% ) of an inch. numbered S4.3(j)(iii) and was renum­ Lexington, Missouri. This proposal re­ (iii) The safety tread surface shall be bered as S4.3(j) (4) by an amendment quests substitution of Class C Channel published August 28,1973 (Docket 73-16, 293 for Channel 292A at Lexington. not more than one-half (Vfe) inch from Channel 292A is currently occupied in the edge of the step. Notice 2, 38 FR 22958). Accordingly, it is proposed that S4.3 (j ) that com m unity by KTiEX. Lexington, (d) End footboards and pilot steps (4) be amended to read as follow s; with a population of 5,388 persons, is prohibited. (1) Each locomotive (except S4.3 Requirements for hardware. the seat of Lafayette County (population 26,626) and is located approximately 35 steam) used in switching service which * * * * * is built after December 31, 1973 may not miles east of Kansas City, Missouri.1 Pe­ ( j) * * * titioner’s AM-FM combination repre­ be equipped with end footboards and (4) Shall exert a retractive force of atsents the only local broadcast service in pilot steps. least 0.6 pound under zero acceleration Lexington. (Z)' After December 31, 1976, each when attached only to the pelvic 2. In support of its request, KLEX locomotive (except steam) used in restraint. notes that Lexington has three manufac­ switching service which was built before Interested persons are invited to sub­ turing plants employing 350 persons, a January 1, 1974, may not be equipped mit comments on the proposal. Com­ hospital, three public schools, a junior college, a public library and three banks. with end footboards and pilot steps. ments should refer to the docket number and be submitted to: Docket Section, Na­ Petitioner contends that a Class C chan­ (e) Vertical handholds. Each switch­ tional Highway Traffic Safety Adminis­ nel situated in Lexington would provide ing step must be provided with two (2) tration, Room 5221, 400 Seventh Street a fulltime service to Lafayette County vertical handholds or handrails. Each SW., Washington, D.C. 20590. It is re­ and adjacent Ray County (population handhold or handrail must have not less quested but not required that 10 copies 17,599). The combined area of these two than four (4) inches or clear, usable hand be submitted. counties encompasses 1,176 square miles. All comments received before the close Petitioner also cites, as evidence of fu­ clearance beginning not less than ture growth patterns, state population twenty-four (24) nor more than thirty of business on the comment closing date indicated below will be considered, and projections which indicate that the pop­ (30) inches above the tread surface, and will be available for examination in the ulation of Lafayette and Ray Counties extending upward a distance of not less docket at the above address both before will increase to 41,701 and 26,523 respec­ than thirty-six (36) inches. and after that date. To the extent pos­ tively by 1975. KLEX believes that in­ creased industry and better highways (f) Uncoupling mechanisms. Each sible, comments filed after the closing date will also be considered by the Ad­ from the Kansas City area have signifi­ locomotive (except steam) used in cantly contributed to this population switching service must have means for ministration. However, the rulemaking action may proceed at any time after that increase. operating the uncoupling mechanism in date, and comments received after the 3. k t e x advances, as its rationale for safety from switching step, ground level, closing date and too late for considera­ the proposed substitution of Class C and end platform. No part of the un­ tion in regard to the action will be treated Channel 293 for Channel 292A, the argu­ coupling mechanism may extend into the as suggestions for future rulemaking. The ment that the hilly terrain has caused gaps in its coverage area. Further, peti­ switching step or stairway opening or Administration will continue to file rele­ vant material, as it becomes available in tioner notes that automobile FM recep­ into the end platform area when the the docket after the closing date, and it tion is spotty in this type of terrain. mechanism is in its normal position or is recommended that interested persons when it is operated. continue to examine the docket for new 1 All population figures cited are from the [PR Doc.73-20892 Piled 10-1-73:8:45 am] material. 1970 UJ3. Census.

FEDERAL REGISTER, V O L 38, NO. 190— TUESDAY, OCTOBER 2, 1973 27304 PROPOSED RULES

KLEX asserts that these coverage prob­ Osceola, Iowa (pop. 31,124), has no aural interested parties during regular busi­ lems would be eliminated if it could broadcast station. Thus the petitioner ness hours in the Commission’s Public change to a Class C channel and that should indicate whether they are any Reference Room at its headquarters in such an operation would enable Station other FM channels available for assign­ Washington, D.C. (1919 M Street, NW.). KLEX-FM to better meet the anticipated ment to the above listed communities. future needs of the two counties. 7. Based on these considerations we Adopted: September 19,1973. 4. Petitioner’s engineering statement believe that KLEX has made a sufficient Released: September 24,1973. determines that Channel 293 can be sub­ public interest showing to warrant ex­ stituted for Channel 292A at Lexington ploring the possibility of substituting F ederal C ommunications with no other changes in the FM Table Class C Channel 293 for Channel 292A C o m m is s io n ,3 of Assignments and would not preclude V in c e n t J. M u l l in s , at Lexington, Missouri. Accordingly, we Acting Secretary. the use of FM channels in large cities propose the following revision in our which do not already have local assign­ FM Table of Assignments (§ 73.202(b) of [FR Doc.73-20916 Filed 10-1-73; 8:45 am] ments. KLEX consents to modification of our rules) with respect to the city listed its FM operation from Channel 292A to below : POSTAL SERVICE Channel 293 and states that therefore a [39 CFR Part 132] show cause order is unnecessary. Channel No. 5. The Commission, in a letter to C ity SECOND CLASS PUBLICATIONS KLEX requested it to submit a coverage Present Proposed Proposed Limitation of Size of Coupons or showing with respect to unserved and Application or Order Forms underserved areas based on assumptions Lexington, Mo ...... 292A 293 of reasonable facilitiesa and a compari­ The Postal Service proposes to remove son of coverage with an assumed maxi­ 8. Authority for the action proposed restrictions contained in § 132.4(g) (3) mum Class A facility at Lexington. The herein is contained in sections 4 (i), 303, (v) o f 39 CFR Part 132 which limit the Commission requested this showing be­ 307(b) and 316 o f the Communications size of coupons or application or order cause the petition was for a Class C A ct of 1934, as amended. forms contained in second-class publica­ channel to a community which ordi­ 9. Showings required. Comments are tions to not more than one-half the page, narily would only be assigned a Class A invited on the proposal discussed above. and to allow the inclusion in second-class channel. Petitioner’s response to the Proponent will be expected to answer publications of pages, all or portions of Commission’s letter indicates that a whatever questions are raised in the No­ which are coupons or application or or­ maximum Class A facility (3 kW, 300 tice and other questions that may be pre­ der forms. In order to assure that pages ft.) at Lexington would serve 26,419 per­ sented in initial comments. The pro­ prepared in this manner are an integral sons in 661 square miles, while a Class C ponent of the proposed assignment is part of the publication, the proposed facility (50 kW, 500 ft.) would serve 211,- expected to file comments even if he regulation requires that the pages bear 140 persons in 3,421 square miles within only resubmits or incorporates by refer­ the name and date of the publication. the respective 1 mV/m contours. Cur­ ence his former pleading. He should also The Postal Service also proposes as a rently KLEX-FM (3 kW, 205 feet) serves restate his present intention to apply for conforming change the deletion of § 132.4 22,529 people in 453 square miles within the channel if it is assigned and, if au­ (h) (2), which deals with the size of its 1 mv/m contour. The KLEX show­ thorized, to build the station promptly. coupon-bearing pages. ing also indicates that the proposed Failure to file may lead to denial of the The Postal Service also proposes the KLEX-FM operation (50 kW, 500 feet) request. codification, in a new § 132.4(g) (3) (vi) would provide a first FM service to 1,010 10. Cut-off procedures. The following of 39 CFR Part 132, o f the existing ad­ persons in a 19-square-mile area, a sec­ procedures will govern the consideration ministrative practice which permits cou­ ond FM service to 9,280 persons in a 271- of filings in this proceeding. pons or application or order forms, called square-mile area and a third FM service (a) Counterproposals advanced in this “tip-ons”, to be permanently attached to 28,417 persons in a 1,076-square-mile proceeding itself will be considered, if to the pages of a publication. In order area based on the assumed facilities that advanced in initial comments, so that to protect the integrity o f second class were prescribed in the Commission’s parties may comment on them in reply and to prevent the insertion of unrelated letter. comments. They will not be considered, if tip-ons in a second-class publication, the 6. According to KLEX data, assign­ advanced in reply comments. proposed regulation requires that, a ment of Channel 293 to Lexington would (b) With respect to petitions for rule coupon or application or order form must preclude future assignments on four making which conflict with the propos­ directly relate to the advertising or edi­ channels. However, only the preclusion als in this Notice, they will be considered torial material printed on the page to areas for adjacent Channels 292A and as comments in the proceeding, and Pub­ which it is permanently attached. The 294 contain communities which would lic Notice to this effect will be given, as proposed regulation also requires that warrant assignments; the preclusion long as they are filed before the date tip-ons bear the name and, date of the areas lor the other two channels con­ for filing initial comments herein. If filed publication. tain communities each of which has an later than that, they will, not be con­ Interested persons who wish to do so assignment and does not warrant an ad­ sidered in correction with the decision may submit written data, views, or argu­ ditional assignment. Located in the in this docket. ments concerning the proposed regula­ Channel 292A preclusion area are Butler 11. Pursuant to applicable procedures tions to the Manager, Mail Classification (pop. 3,984), Macon (pop. 5,301), Beth­ set out in § 1.415 o f £he Commission’s Division, Finance Department, U.S. any (pop. 2,914), and Savannah (pop. rules and regulations, interested parties Postal Service, Washington, D.C. 20260, 3,324), all in Missouri, and Lamoni, Iowa may file comments on or before Novem­ at any time before November 1, 1973. (pop. 2,540), where Channel 292A could ber 2,1973, and reply comments on or be­ Accordingly, complying voluntarily be assigned if Channel 293 was not as­ fore November 12, 1973. All submissions with the advance notice requirement of signed to Lexington. Butler and Macon by parties to this proceeding or persons the Administrative Procedure Act (5 have daytime-only AM operations, but acting on behalf of such parties must be made in written comments, reply com­ U.S.C. § 553(b), (c)) regarding proposed the other three communities have no ments, or other appropriate pleadings. rule making, the Postal Service proposes aural broadcast services. In the Channel 12. In accordance with the provisions the following amendments: 294 preclusion area, one community, o f § 1.419 of the Commission’s rules and 1. In 39 CFR Part 132, paragraph (9) regulations, an original and fourteen (3) (v) o f § 132.4 is revised, and a new 2 The Commission set forth in the letter copies of all comments, reply comments, paragraph (g) (3) (vi) is added to read as pleadings, briefs, or other documents the specific criteria which were first enunci­ follow s: ated in FM Table of Assignments— Roanoke shall be furnished the Commission. Rapids and Goldsboro, North Carolina, 9 13. All filings made in this proceed­ F.C.C. 2d 672 (1967). ing will be available for examination by * Commissioner Robert E. Lee absent.

FEDERAL REGISTER, VOL. 38, NO . T90— TUESDAY, OCTOBER 2, 1973 PROPOSED RULES 27305

§ 132.4 What may be mailed at the issue to preclude being considered enclo­ 2. In 39 CFR Part 132, subparagraph second-class rales. sures prohibited by § 132.4(g) (1) . (2) of § 132.4(h) is revoked and subpara­

* * * * * (vi) Pages having printed coupons, orgraphs (3) through (7) are renumbered accordingly. (g) Enclosures, additions, and noveltyprinted application or order forms per­ manently attached. Such coupons, or ap­ (39 U.S.C. §§ 401, 3621) pages * * * plication or order forms must directly re­ (3) * * * ,, late to adveristing or editorial material R oger P. C raig, (v) Pages, all or portions of which are printed on the page to which they are Deputy General Counsel. printed coupons, or printed application permanently attached, and must bear the S eptember 28, 1973. or order forms. Such pages must bear the name of the publication and the date of name of the publication and the date of issue. [FR Doc.73-20943 Filed 1 0-l-73 ;8 :45 am]

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 No. 190------5 27306 Notices

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

DEPARTMENT OF STATE 92-463), notice is hereby given of a meet­ meeting of the Winter Navigation Board [Public Notice CM—70] ing of the Coastal Engineering Research at Rosemont (O’Hare), Illinois on Octo­ Board on October 9-11,1973. ber 12', 1973. The meeting to be held at GOVERNMENT ADVISORY COMMITTEE ON The meeting will be held at the Pick- the Flying Carpet Motor Inn will be in INTERNATIONAL BOOK AND LIBRARY Congress Hotel, Chicago, Illinois, from session from 9:30 a.m. c.d.s.t. until 5:30 PROGRAMS 0830 hours to 1200 hours on October 9, p.m. The meeting will be open to the Notice of Meeting 1973, and at the Red Lantern Inn, public. The purpose of the meeting is to Beverly Shores, Indiana, from 0800 hours consider and approve the FY 1974 pro­ The Government Advisory Committee to 1200 hours on October 10, 1973. gram of activities, consistent with the on International Book and Library Pro­ The October 9 session will be devoted FY 1974 appropriation as passed by Con­ grams will meet in open session in Room to technical discussions on Corps of gress and approved by the Administra­ 6320 in the Department o f S tatic 2201 C Engineers projects on' the Great Lakes tion, and to consider the proposed plan Street NW., Washington, D.C., from 9:30 and strategies for preventing damages to of improvement for extending the navi­ a.m. to 4:30 p.m. on October 25, 1973, Great Lakes shorelands. gation season on the four upper Great and from 9:00 a.m. to noon on Octo­ The October 10 session will be devoted Lakes. The agenda will include discus­ ber 26, 1973. to technical discussions on Great Lakes sion of economic analysis and the draft The Committee will discuss book pro­ research and case studies of erosion and environmental im pact statement fo r both curement policies, the role and type of harbor sedimentation problems. the demonstration activities and the in­ learning materials needed in nonformal The sessions will be open to the public terim survey report. education in developing countries, and subject to the following limitations: UNESCO’s book promotion efforts. 2. The Winter Navigation Board is a 1. Seating capacity of the meeting multiagency organization which includes For purposes of fulfilling building se­ room at the Pick-Congress Hotel limits curity requirements, anyone wishing to representatives o f Federal agencies and public attendance to not more than 20 non-Federal public and private interests. attend the meeting must advise the people. Seating capacity of the meeting It was established to direct the Great Executive Secretary by telephone in ad­ room at the Red Lantern Inn limits pub­ vance of the meeting. Telephone: Lakes and St. Lawrence Seaway Naviga­ lic attendance to not more than 25 people. tion Season Extension Demonstration 632-2841. Advance notice of intent to attend is re­ Program being conducted pursuant to Dated September 20, 1973. quested in order to assure adequate and appropriate arrangements. Pub. L. 91-611. C arol M . O w e n s , 2. Written statements may be sub­ 3. Inquiries may be addressed to Mr. C. Executive Secretary. mitted prior to, or up to 30 days follow­ Argiroff, Department of the Army, De­ [ER Doc.73-20884 Filed 10-l-73;8:45 am] ing the meeting, but oral participation troit District, Corps o f Engineers, P.O. by the public is precluded because of the Box 1027, Detroit, Michigan 48231, tele­ DEPARTMENT OF THE TREASURY time schedule. 3. Persons planning to attend both ses­ phone 313-226-6768. United States Customs Service sions must furnish their own transporta­ For The Adjutant General. [T.D. 73-269] tion. S eptember 24, 1973, The October 11 session will be closed to JOS. JURISICH TRANSFER & STORAGE, R . B . B elnap, INC. the public. The Board will be discussing budgetary and contractual matters, in­ Special Advisor to TAG. Revocation of Customhouse Cartman’s Li­ cluding funds proposed to be made avail­ [FR Doc.73-20833 Filed 10-l-73;8:45 am] cense No. 20 Issued at Port of New Orleans able for proposed contractual studies S eptember 21, 1973. which are subjects that fall within DEPARTMENT OF THE INTERIOR Notice is hereby given that on Septem­ policies analogous to those recognized ber 21, 1973, pursuant to the provisions in section 552(b) of title 5 U.S.C. and as Bureau of Land Management o f section 565, Tariff A ct o f 1930, as such are exempt from public disclosure. [Group 594] amended, and § 112.30, Customs Regula­ Inquiries and notices to attend may be COLORADO tions, it was decided that customhouse addressed to Colonel James L. Trayers, cartman’s license No. 20 issued at the Commander and Director, U.S. Army Notice of Filing of Plat of Survey Port o f New Orleans on M arch 18, 1963, Coastal Engineering Research Center, S eptember 25, 1973. to, Jos. Jurisich Transfer & Storage, Inc., Kingman Building, Fort Belvoir, Virginia 22060; telephone 202-325-7000. 1. The plat of survey of an omitted is­ New Orleans, be revoked. This revocation land in the Colorado Raver, described is effective on September 30, 1973. For the Adjutant General. below, accepted July 11, 1973, will be of­ [ seal] V erno n D. A cree, R. B . B e l n a p , ficially filed in the Colorado State Office, Special Advisor to TAG. Commissioner of Customs. Bureau of Land Management, effective [FR Doc.73-20910 Filed 10-l-73;8:45 am] ^September 24,1973. at 10:00 a.m., November 12,1973. [FR Doc.73-20834 Filed 10-l-73;8:45 am] Ute Meridian DEPARTMENT OF DEFENSE T . 1 S., R. 1 W., Department of the Army WINTER NAVIGATION BOARD ON GREAT Sec. 23, Lot 10 (3.88 acres). COASTAL ENGINEERING RESEARCH LAKES AND ST. LAWRENCE SEAWAY 2. This island is within the flood plain BOARD Notice of Advisory Committee Meeting of the Colorado River. Plans are to Notice of Meeting 1. Pursuant to section 10(a) (2) of the classify it under the Recreation and Pub­ Pursuant to section 10(a) (2) of the Federal Advisory Committee Act (Public lic Purposes A ct o f June 14, 1926, as Federal Advisory Committee Act (Pub. I». Law 92-463), notice is hereby given of a amended (43 U.S.C. 869; 869-4) (43 CFR

FEDERAL REGISTER, VOL. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 NOTICES 27307

Part 2740). This classification limits en­ tention: 390), Bureau of Land Manage­ ity group members and women to under­ try to mineral leasing and application ment, Washington, D.C. 20240, Copies of take the requisite academic studies and under the R&PP Act. nominations must be sent to thé Area obtain the necessary experience to Oil and Gas Supervisor, Geological Sur­ qualify for professional and technical 3. All inquiries relating to this island positions in the fields of earth science should be sent to Chief, Public Affairs, vey, Suite 336, Imperial Office Building, Colorado State Office, Bureau of Band 3301 North Causeway Boulevard, Met­ and mineral engineering. Management, Room 700, Colorado State airie, Louisiana 70002 and to the Man­ Persons wishing to attend the meeting Bank Building, Denver, Colorado 80202. ager, New Orleans Outer Continental or desiring more detailed information Shelf Office at his address cited above. about the meeting should contact Wil­ G eorge C. H in t o n , Tracts will be selected for competitive liam Thurston, Special Assistant, Office Chief, Public Affairs. bidding pursuant to established Depart­ of the Director, Geological Survey, [PR Doc.73-20895 Piled 10-1-73;8:45 am] mental procedures and only after com­ W ashington, D.C. 20244, phone: 202-343- pliance with all requirements of the Na­ 3437. tional Environmental Policy Act o f 1969 OUTER CONTINENTAL SHELF OFF V. E. M cK e l v e y , (42 U.S.C. 4321—4347 (1 9 70 )). Notice o f Director, Geological Survey. LOUISIANA any tracts selected for competitive bid­ [FR Doc.73-20903 Filed 10-l-73;8:45 am] Call for Nominations of Areas for Oil and ding will be published in the F ederal Gas Leasing R egister stating the conditions and Pursuant to the authority prescribed terms for leasing and the place, date, and National Park Service in 43 CFR 3301.3 (1972), nominations of hour at which bids will be received and opened. NATIONAL REGISTER OF HISTORIC areas in the Outer Continental Shelf PLACES1 offshore Louisiana are hereby requested Nothing contained in this call for for possible oil and gas leasing under the nominations should be interpreted as be­ List of Additions, Deletions and Corrections Outer Continental Shelf Lands Act (43 ing inconsistent with the President’s By notice in the F ederal R egister o f U.S.C. 1331-1343 (1970)). Nominations Oceans Policy Statement of May 23,1970, February 28,1973, Part H, there was pub­ will be considered for any or all of the relating to offshore development beyond lished a list of the properties included in following mapped areas offshore the 200 meter depth contour. Leases ulti­ the National Register of Historic Places. Louisiana. mately issued beyond the 200 meter This list has been amended by a notice 1. All that area shown on Outer Con­ depth contour will be subject to an inter­ in the F ederal R egister o f March 6 (pp. tinental Shelf—Louisiana Leasing Maps national regime if such a regime is 6084-6086), April 10 (pp. 9095-9097), No. 1 through 11A (set of 26 m aps). finally established. May 1 (pp. 10745-10748), June 5 (pp. 2. All that area on Outer Continental Dated September 27,1973. 14770-14777), July 3 (pp. 17744-17749), August 7 (pp. 21278-21284), and Septem­ Shelf Leasing Map NG 15-2 (Garden G eorge L. T urcott, Banks) landward o f the 600 meter depth ber 4 (pp. 23803-23811). Further notice is Associate Director, given that certain amendments or re­ contour arid east of the west boundary Bureau of Land Management. of the East 97 range of blocks (approxi­ visions in the nature of additions, de­ mately longitude 93° 22.2 minutes west). Approved September 27, 1973. letions, or corrections to the previously published list are adopted as set out 3. All that area on Outer Continental W . R . W ilso n , Shelf leasing maps NH 15-12 (New Acting Deputy Assistant below. Orleans), NG 15-3 (New Orleans South Secretary of the Interior. It is the responsibility of all Federal agencies to take cognizance of the prop­ No. 1 ), and NH 16-10 (Mobile South No. [FR Doc.73-20941 Filed 10-1-73;8:45 am] 2) landward o f the 600 meter depth erties included in the National Register contour. as herein amended and revised in ac­ 4. All that area on Outer Continental Geological Survey cordance with section 106 of the National Historic Preservation Act o f 1966, 80 Shelf Leasing Map NH 16-7 (Mobile COMMITTEE ON MINORITY PARTICIPA­ South) lying south of Outer Continental Stat. 915,16 U.S.C. 470. - TION :n e a r t h s c i e n c e a n d m in e r a l The following are corrections to pre­ Shelf—Louisiana leasing map No. 10A ENGINEERING and landward o f the 600 meter depth vious listings in the F ederal R egister: Notice of Public Meeting contour. Outer Continental Shelf—Loui­ Georgia.. siana leasing maps 1 through 11A (set Pursuant to Pub. L. 92-463, effective Liberty County of 26) may be purchased for $5.00, and January 5, 1973, notice is hereby given maps NH 15-2 through NH 16-7 enumer­ that an open meeting of the Committee Riceboro vicinty, Woodmanston Site (Le­ ated above may be purchased for $1.00 on. Minority Participation in Earth conte Plantation), S of Riceboro. each. Maps may be purchased from the Science and Mineral Engineering will be Louisiana Manager, New Orleans Outer Continen­ held at 8:30 a.m. (local time), Octo-. tal Shelf Office, Bureau of Land Manage­ ber 12, 1973, in Room 2402, Building 25, Caddo Parish ment, Suite 3200, The Plaza Tower, 1001 Denver Federal Center, Denver, Colorado Shreveport, Lindsay, Colonel Robert H., House Howard Avenue, New Orleans, Louisiana 80225. (iSymphony House), 2803 Woodlawn 70113, or the Director, Eastern States The Committee will review the pro­ Avenue. Office, 7981 Eastern Avenue, Silver grams and plans of the four bureaus of Maryland Spring, Maryland 20910. All nominations the Department of the Interior (Geologi­ Baltim ore (independent city) must be described in accordance with the cal Survey, Bureau of Land Management, Federal Hill Historic District, bounded on Outer Continental Shelf Leasing Maps Bureau of Mines, and Bureau of Rec­ the N by Hughes Street, on the W by Han­ prepared by the Bureau of Land Man­ lamation) which employ earth scientists over, on the S by Cross, and on the E by agement, Department of the Interior, and mineral engineers for the purpose of Piers. and referred to above. Only whole blocks assessing progress in attracting minor­ Massachusetts or properly described sub-divisions ity group members and women to the Suffolk County thereof, not less than one-quarter of a pursuit of professional and' technical Boston, Blackstone Block Historic District, block may be nominated. careers in the various fields of earth bounded by Union, Hanover, Blackstone Nominations must be submitted not science and mineral engineering. and North streets. later than November 30, 1973, in en­ On the basis of the Committee’s assess­ velopes marked “Nominations of Tracts ment, it will recommend to the four for Leasing in the Outer Continental bureaus and Departmental officials such 1 This document originally appeared on page 22618 of the issue of Monday, Septem­ Shelf—Louisiana.” The nominations programs and procedures it deems desir­ ber 24, 1973, and is republished without must be submitted to the Director, (At­ able and feasible for encouraging minor­ change for the convenience of subscribers.

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 27308 NOTICES

Pennsylvania Phillips, Duncan, House, (The Phillips Col-* St. Joseph County Union County lection) 1600-1614 21st Street, N.W. (8-14*« 73). Mishawaka, Beiger House, 317 Lincolnway East (8-28-73). New Berlin, New Berlin Presbyterian Church Quarters A, Washington Navy Yard, E of the (Community Center) , Vine and n i g h Main Gate and S of M Street, SJ5. (8-14- South Bend, Cliver, Joseph D^ Residence, Streets. 73). 808 W. Washington Avenue (8-28-73). South Carolina Quarters B, Washington Navy Yard, Charles Iowa Morris Avenue (8-14 -7 3). Charleston County Johnson County 2310-2320 Mount Pleasant, Mount Pleasant Historic Tucker House and Myers House, Iowa City, First Presbyterian Church, 26 E. District. S Street, N.W. (8-14 -7 3). Market Street (8-28-73). The following properties have been de­ Florida Louisa County molished and removed from the National Dade County Columbus Junction, Community Building, Register: Florida City, Florida Pioneer Museum, 0.5 122 E. Maple Street (8-14-73). North Carolina mile S of Lucy Street on SR. 27 (Krome Union County Richmond County Aveniue ) (8-14-73). Creston, Creston Railroad Depot, 200 W. Rockingham, Great Falls Mill, W. Washing­ Palm Beach County Adams Street (8-15-73). ton and Broad Avenue. Palm Beach, Breakers Hotel Complex, South Washington County County Road (8-14-73). Tennessee Washington, Young Alexander, Cabin, W. Putnam County W hite County Madison Street between G and H avenues Sparta vicinity, Lincoln, Jesse, House, W . of Crescent City, Hubbard House, 600 N. Park (8-14-73). Street (8-14-73). Sparta on Term. 26. Kansas Volusia County The following properties have been Marion County Port Orange vicinity, Dunlawton Plantation- added to the National Register since Florence, Harvey House, 204 W. 3rd Street (8- September 4: Sugar Mill Ruins, W of Port Orange off Nova Road (8-28-73). 14-73). Alabama Kentucky Covington County Georgia Jefferson County Bibb County Opp, Shepard, William House, Poley Road Louisville, Christ Church Cathedral, 421 S. (8-14 -7 3). Macon, Baber, Ambrose, House, 577-587 Wal­ 2nd Street (8-14-73). Mobile County nut Street (8-14-73). Louisville, Louisville Board of Trade Build­ Dauphin Island, Indian Mound Park (8-14- Hall County ing, 301 W . Main Street (8-14-73). 73.) Louisiana Mobile, Spring Hill College Quadrangle, 4307 Buford vicinity, Bowman-Pirkle House, NE Old Shell Road (8-17-73). of Buford off U.S. 23 on Friendship Road Natchitoches Parish (8-14-73). Montgomery County Walton County Natchitoches vicinity, Cherokee Plantation, SE. of Natchitoches on Cane River Road Montgomery vicinity, Muklassa, NE. of Mont­ Monroe, Davis-Edwards House, 238 N. Broad (8-14-73). gomery (8-28-73). Street (8-14-73). Rapides Parish California Hawaii Pineville vicinity, Old SLU Site, N of Pine- Alameda County Honolulu County ville at 2500 Shreveport Highway in Kis- atchel National Forest (8-14-73). Oakland, Paramount Theatre, 2025 Broadway Honolulu, U.S. Immigration Office, 505 Ala (8-14-73). Moana Boulevard (8-14-73). Maine Butte County Kahuku vicinity, Burial Platform, NW of K a- Aroostook County huku off Kamehameha Highway (8-14-73). Chico vicinity, Mud Creek Canyon, N. of Chioo New Sweden vicinity, Timmerhuset, W of (8-14 -7 3). Waimanalo vicinity, Bellows Field Archeo­ logical Area, SE of Waimanalo (8-14-73). New Sweden on Me. 161 (8-23-73). San Bernardino County Illinois Cumberland County Needles vicinity, Piute Pass Archeological Portland vicinity, Fort Gorges, E of Portland District, NW. of Needles (8-14-73). Cook County on Hog Island, Portland Harbor (8-28-73). San Mateo County Chicago, Derives, Francis J., House, 503 W. Wrightwood (8-14-73). Franklin County

Portola Valley, Casa de Tableta, 3015 Alpine Chicago, Marquette Building, 140 S. Dearborn Farmington, Free Will Baptist Meetinghouse, Road (8-14-73). Street (8-17-73). Main Street (8-28-73) . Colorado ^Chicago, Hoisted, Ann, House, 440 Belden (8 - Kennebec County 17-73). Clear Creek County Glenview, Kennicott’s Grove, near Milwaukee Monmouth, Cumston Hall, Main Street (8- Georgetown, Grace Episcopal Church, Taos and Lake Avenues (8-13-73). 14-73). York County Street (between 4th and 5th Streets) (8- Oak Park, Gale, Walter, House, 1031 W . Chi­ 14-73). cago Avenue (8-17-73). Kittery Point, Pepperrell, William, House, El Paso County Kane County Pepperrell Cove on Me. 103 (8-14-73). Colorado Springs, McAllister House, 423 N. Cascade Avenue (8-14-73). Oarpentersville, Library Hall, 21 N. Wash­ Maryland ington Street (8-14-73). Delaware Baltimore County White County New Castle County Pikesville vicinity, Sudbrook Park, S of Carmi, Robinson-Stewart House, 110 S. Main Pikesville off U.S. 140 on Greenwood Road Smyrna vicinity. Old Brick Store, NE of Cross Street (8-17-73). (6-19-73). Smyrna off U.S. 13 (8-14-73). Carroll County District of Columbia Indiana - Uniontown, Uniontown Academy, W side of Uniontown Road (8-14-73). Commandant’s Office, Washington Navy DeKalb County Yard, Montgomery Square and Dahlgren Auburn vicinity, Cornell, William, Home­ Harford County Avenue (8-14-73). stead, SW of Auburn off Ind. 427, on Cedar Berkley vicinity, Rigbie House, SE of Berkley Law, Thomas, House, 1252 6th Street, S.W. Chapel Road (CR 68) (8-14-73). off Md. 623 (8-14-73). (8-14-73). Churchville vicinity, Medical Hall Historic Harrison County Main Gate, Washington Navy Yard, 8th and District, W of Churchville off Md. 154 (8- M streets, S.E. (8-14-73). Corydon, Corydon Historic District (8-28-73). 28-73).

FEDERAL REGISTER, VOL. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 NOTICES 27309

Somerset County Gage County Cumberland County ]yrj«v>fc:ln vicinity, Sudler’s Conclusion, N W of Blue Springs vicinity. Blue Springe Site Fayetteville, Liberty Row, 101-143 Person Manokln off McL 361 (8-28-73). (8-14-73). Street (8-14-73). Nance County Moore County Massachusetts Genoa vicinity, *Wrtght Site (8-14-T3). Pinehurst, Pinehurst Historic District (8-14 - Barnstable County Polk County 73). Hyannls Port, * Kennedy Compound, Irving Ohio and Merchant avenues (11-28-72). Osceola vicinity, Clarks Site (8-14-73). Franklin County Berkshire County Sarpy County Westerville, Hart, Gideon, House, 7328 Pittsfield vicinity, South Mountain Concert Papillion vicinity, Kurz Omaha Village (8 - Hempstead Road (8-14-73). Han, S of Pittsfield off UJ3. 7/20 on New 14-73). South Mountain Road (8-14-73). Saunders County Hancock County Essex County Cedar Bluffs vicinity, Pahuk (8-14-73). Findlay, Hull, Jasper G., House, 422 W . Sandusky Street (8-14-73). Salem, Chestnut Street District, bounded Sioux County Lake County roughly by Broad, Flint, Federal, and Sum­ Crawford vicinity, Hudson-Meng Bison Kill mer streets (8-28-73). Site, in Nebraska National Forest (8-28— Painesville, Seeley, Vri, House, 969 Riverside Middlesex County 73). Drive (8-14-73). New Jersey Painesville, Sessions House (Tuscan House), Billerica, Billerica Town Common District, 157 Mentor Avenue (8-14-73). bounded by Cummings Street, and Con­ Hudson County Unionville, Connecticut Land Company Of­ cord and Boston roads (8-14-73). Jersey City, Old Bergen Church, Bergen and fice, 7071 E. Main Street (8-14-73). Billerica, Sabbath Day House, 20 Andover Highland Avenues (8-14-73). Road (8-14-73). Lucas County Suffolk County New Mexico Maumee, First Presbyterian Church of Mau­ Mora County mee Chapel, 200 E. Broadway (8-14-73). Boston, Back Bay Historic District, (8-14-73). Chelsea, Naval Hospital Boston, 1 Broadway Mora, St. Vrain’s Mül, on N. Mex. 38 (8 -2 8 - Oklahoma (8-14-73). 73). Canadian County Michigan Quay County El Reno vicinity, Darlington Agency Site, Missaukee County Tucumcari, Baca-Goodman House, comer of about 6 miles NW. of El Reno (8-14-73). •Aber and 3rd Streets (8-14-73). Boven Earthwork, Southwestern Missaukee Pennsylvania County (8-14-73). Santa Fe County Delaware County Ottawa County Santa Cruz, La Iglesia de Santa Cruz and the site of the Plaza of Santa Cruz de la Upland, Crozer, George K , Mansion, 6th Battle Point Site, Northwest Ottawa County Canada (8-17-73). Street (8-14-73). (8-14-73). Minnesota New York Montgomery County Cass County Montgomery County Lederach vicinity, Kolb, Dielman, Homestead, S. of Lederach on Kinsey Road (8-17-73). Pillager vicinity, Rice Bake Hut Rings, N of Fonda vicinity, Caughnawaga Indian Vüliage Woxall, Nungesser, Valentine, House, Skip- Pillager (8-14-73). Site, W. of Fonda (8-28-73). pack Road (8-17-73). Crow Wing County New York County Rhode Island Trommald vicinity, Fort Flatmouth Mound New York, Haughwout, E. V^ Building, 488- Washington County Group, SE of Cass Lake (8-14-73). 492 Broadway (8-28-73). Saunderstown vicinity, Casey, Silas, Farm, N. Morrison County Oneida County of Saunderstown on R.I. 138 (8-14-73). Little Falls vicinity, Belle Prairie Village Site, Boonville, Erwin Library and Pratt House, N of Little Falls (8-14-73). 104 and 106 Schuyler Street (8-14-73). South Carolina Aiken County Mississippi Orange County Beech Island vicinity, Fort Moore-Savano Claiborne County Fort Montgomery vicinity, Fort Montgomery Town Site, NW. of Beech Island (8-14—73). Site, S. of Fort Montgomery (8-14-73). Russum vicinity, Centers Creek Mound, N of Beaufort County Russum (8-14-73). Richmond County Port Royal vicinity, Hasell Point Site (8-14- Marshall County New York, New Dorp Light, Altamont Ave­ 73). Abbeville vicinity, Civil War Earthworks at nue, Staten Island (8-28-73). Port Royal vicinity, Little Barnwell Island, N. of Port Royal (8-14-73). Tallahatchie Crossing, off Miss. 7 (8-14-73). Rockland County Chester County Washington County Garnerville, Gamer, Henry, Mansion, 18 Rail­ Foote vicinity, Mount Holly, NW of Foote off road Avenue (8-14-73). Chester vicinity, Fishdam Ford, SW of Ches­ Miss. 1 (8-14-73). ter off S.C. 72 (also in Union County) Wayne County Greenville vicinity, Winterville Site, N of (8-14-73). Greenville (8-17-73). Lyons, Broad Street-Water Street Historic Union County District (8-14-73). Chester vicinity, Fishdam Ford (See Chester Nebraska County). North Carolina Cheyenne County Tennessee Caswell County Davidson County Potter vicinity, West Stevens Site, E of Potter (8-28-73). Locust Hill vicinity, Moore House (Stamp’s Nashville, Hubbard House, 1109 1st Avenue, Colfax County Quarter), E. of Locust Hill off U.S. 158 South (8-14-73). (8-28-73). Schuyler vicinity, Schuyler Site, (8-14-73). Monroe County Catawba County Dakota County Vonore vicinity, Chota and Tanasi Cherokee

Newton vicinity, Rudisül-Wilson House, S.W. Village Sites, SE of Vonorö in Cherokee Na­ Homer vicinity, Homer Site, NE of Homer of Newton off N.C. 10 (8-14-73). tional Forest (8-30-73). (8-14-73). Douglas County Craven County W hite County Omaha, Barton, Guy C., House, 3522 Farnam New Bern, Gull Harbor, 514 E. Front Street Sparta vicinity, Sparta Rock House, 3 miles Street (3-14-73). (8-14-73). E of Sparata on U.S. 70 (8-14-73).

FEDERAL REGISTER, V O L 38, NO . 190— TUESDAY, OCTOBER 2, 1973 27310 NOTICES

Texas Orange County invites written comments on or before Bowie County Gordonsville, Exchange Hotel, S. Main Street November 16,1973. (8-14-73). Texarkana vicinity, Texarkana Phase Ar­ The project includes the construction cheological District, NW of Texarkana Richmond County and operation of a large modem hatch­ (8-14-73). Famham, Farnham Church, at intersection ery for propagating Chinook, coho, and Montgomery County of Va. 602 and 692 (8-14-73). chum salmon and steelhead trout. The fish produced will restore and enhance Montgomery vicinity, Kirbee Kiln Site, S of Wise County Montgomery (8-28-73). depleted salmon and steelhead runs in Big Stone Gap. " June Tolliver” House, on Va. waters on the Quinault Indian Reser­ Bed River County 613 (8-28-73). vation and adjacefit National Forest Blakeney vicinity, Kaufman, Sam, Site, N of Washington Service lands. Copies of the draft state­ Blakeney (8-14^73). ment are available for inspection at the Chelan County Zapata County following locations: Wenatchee vicinity, Wenatchee Flat Site, N. San Ygnacio vicinity, Dolores Viejo, N of San Quinault National Fish Hatchery of Wenatchee (8-14-73). P.O. Box 80 Ygnaeio off U.S. 83 (8-17-73). King County Neilton, Washington 98566 Vermont Kirkland, Kirk, Peter, Building, 620 Market Bureau of Sport Fisheries and Wildlife Bennington County Street (8-14-73). P.O. Box 3737 Portland, Oregon 97208 Arlington vicinity, Arlington Green Covered Kitsap County Bridge, W of Arlington off Vt. 313 (8-28 - Bureau of Sport Fisheries and Wildlife 73). - Olalla, Nelson, Charles F., House, comer of Office of Environmental Quality Department of the Interior Bennington vicinity, Bennington Falls Cov­ Nelson and Crescent Valley Roads (8 -2 8 - 73). Boom 2246 ered Bridge, NW of Bennington off Vt. 67A 18th and C Streets NW. (8-28-73). Spokane County Washington, D.C. 20240 Bennington vicinity, Henry Covered Bridge, NW of Bennington off Vt. 67A (8-28-73). Spokane, Glover House, W. 321 8th Avenue (8-14-73). Single copies may be obtained by Bennington vicinity, Silk Covered Bridge, writing the Chief, Office of Environ­ NW of Bennington off Vt. 67A (8-28;-73). West Virginia , mental Quality, Bureau of Sport Fisheries Windham County Greenbrier County and Wildlife, Department of the Inte­ rior, Washington, D.C. 20240. Comments Brattleboro vicinity, Creamery Covered Lewisburg, Greenbrier County Courthouse Bridge, W of Brattleboro off Vt. 9 (8-28 - and Lewis Spring, corner of Court and concerning the proposed action should 73). Randolph Streets (8-17-73). also be addressed to the Chief, Office of Green River, Green River Covered Bridge, Environmental Quality. Please refer to across the Green River (8-28-73). Jefferson County the statement number above. Newfane vicinity, Williamsville Covered Halltown vicinity, Beall-Air, W. of Halltown Bridge, SW of Newfane at Williamsville off U.S. 340 (8-17-73). 'Dated September 26, 1973. (8—14—73). Shepherdstown, Shepherdstown Historic Dis­ John M. Seidl, Townshend vicinity, Scott Covered Bridge, W trict (8-17-73). of Townshend off Vt. 30 (8-28-73). Deputy Assistant Secretary, Shepherdstown vicinity, Cold Spring, S. of Program Development and Budget. Windsor County Shepherdstown off Flowing Springs Road (8-14-73). [FR Doc.73-20904 Filed 1 0-l-73;8:45 am] Hartland vicinity, Martin’s Mill Covered Shepherdstown vicinity, Elmwood, S. of Bridge, S of Hartland off U.S. 5 (8-28-73). Sheperdstown on CR 17 (8-17-73). Hartland vicinity, Willard Covered Bridge, DEPARTMENT OF AGRICULTURE NE of Hartland off U.S. 5 (8-28-73). Wisconsin Federal Crop Insurance Corporation Perkinsville vicinity, Upper Falls Covered Fond Au Lac County Bridge, N of Perkinsville off Vt. 131 (8-28- [Notice No. 73] 73). Ripon, Little White Schoolhouse, SE. corner Windsor vicinity, Bowers Covered Bridge, W of Blackburn and Blossom Streets (8-14- ORANGES FROM CALIFORNIA of Windsor (8-28-73), 73). Filing Applications for Crop Insurance 1 Oneida County Woodstock vicinity, Lincoln Covered Bridge, Pursuant to the authority contained SW of Woodstock off U£. 4 (8-28-73). Rhinelander, First National Bank, 8 W. in § 406.3 of Title 7 of the Code of Fed­ Woodstock vicinity, Taftsville Covered Davenport Street (8-14-73). eral Regulations, the time for filing ap­ Bridge, E of Woodstock off U.S. 4 (8-28-73). Wyoming plications for orange crop insurance for Virginia Park County the 1973 crop year in all counties in Albemarle County Cody vicinity, Colter’s Hell, W. of Cody on California where such insurance is other­ U.S. 14/16/20 (8-14-73). wise authorized to be offered is hereby Charlottesville vicinity, Ash Lawn, SE of extended until the close of business on Charlottesville off Va. 53 (8-14-73). R obert M. Utley, October 31, 1973. Such applications re­ Charles City County Director, Office of Archeology ceived during this period will be ac­ Tettington vicinity, Margots, NE of Tetting- and Historic Preservation. cepted only after it is determined that ton off Va. 621 (8-17-73). [FR Doc.73-20222 Filed 9-21-73;8:45 am] no adverse selectivity will result. Fauquier County [ seal] m . R. P eterson, Delaplane vicinity, Ashleigh, S. of Delaplane Manager, Federal Crop off U.S. 17 (8-14-73). >. Office of the Secretary Insurance Corporation. [INT DES 73-58] Hampton (independent city) [FR Doc.73-20890 Filed 10-1-73; 8:45 am] Chesterville Plantation Site, on Langley Air QUINAULT NATIONAL FISH HATCHERY, Force Base (8-14-73). WASHINGTON Soil Conservation Service James City County Notice of Availability of Draft BIG RUNNING WATER DITCH Toano vicinity, Stone 'House Site, NE. of Environmental Statement WATERSHED PROJECT Toano off Va. 600 (8-14-73). Pursuant to section 102(2) (C) of the Availability of Final Environmental Loudoun County National Environmental Policy Act of Statement Leesburg vicinity, Exeter, E. of Leesburg on 1969, Pub. L. 91-190, the Department o f Pursuant to section 102(2) (C) of the Edwards Ferry Road (8-14-73). the Interior has prepared a draft envi­ National Environmental Policy Act of Middlesex County ronmental statement for the proposed 1969, the Soil Conservation Service, U.S. Saluda vicinity, Deer Chase, SE. of Saluda off Quinault National Pish Hatchery in Department of Agriculture, has pre­ Va. 629 (8-14-73). Grays Harbor County, Washington, and pared a final environmental statement

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 NOTICES 27311

for the Big Running Water Ditch Water­ Soli Conservation Service, USDA, South Agri­ nial without prejudice to resubmission shall culture Building, Boom 5227, 14th and In­ have the effect of a final decision by the shed Project, Lawrence and Randolph dependence Avenue SW., Washington, D.O. Deputy Assistant Secretary on the applica­ Counties, Arkansas, USDA-SCS-ES-WS- 20250 tion within the context of Subsection 701.11. (ADM)-73-33 (P). . SoU Conservation Service, USDA, 4601 Ham- The environmental statement con­ mersley Eoad, P.O. Box 4248, Madison, Wis­ The meaning of the subsection is that cerns a plan for watershed protection, consin 53711 should an applicant either fail to notify flood prevention, agricultural water man­ SoU Conservation Service, USDA, 800 Cler­ the Deputy Assistant Secretary of its agement (drainage), and fish and wild­ mont Street, Antigo, Wisconsin 54409 intent to resubmit another application life habitat development. The planned Copies are available for purchase from for the same article to which the denial works of improvement include conser­ the National Technical Information without prejudice relates within the 20 day period, or fails to resubmit a new vation land treatment throughout the Service, U.S. Department of Commerce, watershed, supplemented by 82 miles of Springfield, Virginia 22151. Please order application within the 90 day period, the channel work with appurtenances and by name and number of statement. The prior denial without prejudice to resub­ mission will have the effect of a final fish and wildlife mitigation measures. estimated cost is $5.25. The final environmental statement denial of the application. was transmitted to CEQ on September 7, (Catalog of Federal Domestic Assistance Pro­ None of the applicants to which this gram No. 10.904, National Archives Beference consolidated decision relates has satis­ 1973. Services.) Copies are available for inspection fied the requirements set forth above, during regular working hours at the fol­ Dated September 24,1973. therefore, the prior denials without prej­ udice have the effect of a final decision lowing locations: W . B . D a v e y , Deputy Administrator for Water denying their respective applications. Soil Conservation Service, USDA, South Agri­ Subsection 701.8 further provides: culture Building, Boom 5227, 14th and In­ Resources, Soil Conservation “ * * * the Deputy Assistant Secretary dependence Avenue SW., Washington, D.C. Service. 20250. shall transmit a summary of the prior Soil Conservation Service, USDA, 5401 Fed­ [FB Doc.73-20933 Filed 10-l-73;8:45 am] denial without prejudice to resubmission eral Office Building, P.O. Box 2323, Little Jto the F ederal R egister for publication, Bock, Arkansas 72203. DEPARTMENT OF COMMERCE to the Commissioner of Customs, and to Copies are available for purchase from the applicant. Domestic and International Business Each of the prior denials without prej­ the National Technical Information Administration Service, U.S. Department of Commerce, udice to resubmission to which this con­ Springfield, Virginia 22151. Please order UNIVERSITY OF WISCONSIN ET AL. solidated decision relates was based on by name and number of statement. The Consolidated Decision on Applications for the failure of the respective applicants to estimated cost is $5.75. Duty-Free Entry of Scientific Articles submit the required documentation, in­ cluding a completely executed applica­ (Catalog of Federal Domestic Assistance Pro­ The following is a consolidated deci­ tion form, in sufficient detail to allow the gram No. 10.904, National Archives Eeference sion on applications for duty-free entry issue of “scientific equivalency” to be Services.) of scientific articles pursuant to section determined by the Deputy Assistant Dated September 24, 1973. 6(c) of the Educational, Scientific, and Secretary. Cultural Materials Importation Act of Docket Number: 73-00321-33-46040. W. B. D avey, 1966 (Pub. L. 89-651, 80 Stat. 897) and Deputy Administrator for Waiter APPLICANT: University of Wisconsin, the regulations issued thereunder as Laboratory of Neurophysiology, 283 Resources Soil Conservation amended (37 FR 3892 et seq .). Service. Medical Sciences Building, Madison, A copy of the record pertaining to each Wisconsin 53706. ARTICLE: Electron [FB Doc.73-20932 Filed 10-1-73;8:45 amj of the applications in this consolidated Microscope, Model HU-12. DATE OF decision is available for public review DENIAL WITHOUT PREJUDICE TO during ordinary business hours of the RESUBMISSION: April 26, 1973. SPRING BROOK WATERSHED PROJECT Department of Commerce, at the Special Docket Number: 73-00331-33-46040. Availability of Final Environmental Import Programs Division, Office of Im­ APPLICANT: Baylor University, Waco, Statement port Programs, Department of Com­ Texas 76703. ARTICLE: Electron Micro­ Pursuant to section 102(2) (C) of the merce, Washington, D.C. scope, Model EM 201. DATE OF DENIAL National Environmental Policy Act of DECISION: Applications denied. Ap­ WITHOUT PREJUDICE TO RESUB­ 1969, the Soil Conservation Service, U.S. plicants have failed to establish that MISSION: April 26,1973.. Department of Agriculture, has prepared instruments or apparatus of equivalent Docket Number: 73-00360-33-46500. a final environmental statement for the scientific value to the foreign articles, for APPLICANT: State University of New Spring Brook Watershed Project, Lan­ such purposes as the foreign articles are York, Stony Brook, New York 11790. glade and Marathon Counties, Wisconsin, intended to be used, are not being manu­ ARTICLE: Ultramicrotome, Model LKB USDA-SCS-ES-WS-(ADM)-73-6 (F). factured in the United States. 8800A. DATE OF DENIAL WITHOUT The Environmental statement con­ REASONS: Subsection 701.8 of the PREJUDICE TO RESUBMISSION: cerns a plan for watershed protection regulations provides in pertinent part: May 22,1973. and flood prevention. The planned works The applicant shall on or before the 20th Docket Number: 73-00364-46040. AP­ of improvement include conservation day following the date of such notice, inform PLICANT: Cornell University School of land treatment throughout the water­ the Deputy Assistant Secretary whether it Applied & Engineering Physics, 144 Clark shed supplemented by (1) a single-pur­ intends to resubmit another application for Hall, Ithaca, New York 14850. ARTICLE: pose floodwater retarding structure, (2) the same article for the same intended pur­ Electron microscope, Model EM 201 and a three-foot dike approximately 1,340 poses to which the denied application relates. accessories. DATE OF DENIAL WITH­ The applicant shall then resubmit the new OUT PREJUDICE TO RESUBMISSION: feet long at Antigo Lake, (3) a structure application on or before the 90th day fol­ to replace the Antigo Lake outlet, and lowing the date of the notice of denial with­ May 22, 1973. (4) approximately 10,430 feet o f clearing out prejudice to resubmission, unless an ex­ Docket Number: 73-00372-33-61300. and snagging obstacles and debris that tension of time is granted by the Deputy APPLICANT: University of Colorado, prevent free water movement in Spring Assistant Secretary in writing prior to the Department of Molecular, Cellular & De­ Brook through the City of Antigo. expiration of the 90 day period. * * * If the velopmental Biology, Boulder, Colorado The final environmental statement applicant fails, within the applicable time 80302. ARTICLE: Automatic Micropi­ periods specified above, to either (a) inform was transmitted to CEQ on August 17, the Deputy Assistant Secretary whether it pettes. DATE OF DENIAL WITHOUT 1973. intends to resubmit another application for PREJUDICE TO RESUBMISSION: Copies are available for inspection the same article to which the denial without May 22, 1973. during regular working hours at the fol­ prejudice to resubmission relates, or (b) Docket Number: 73-00375-33-46500. lowing locations: resubmit the new application, the prior de­ APPLICANT: Duke University Medical

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 27312 NOTICES

Center, Department of Anatomy, P.O. used for training graduate students in versity of California, University of Cali­ Box 3011, Durham, North Carolina 27710. two directed research courses numbered fornia, Los Angeles, 405 Hilgard Avenue, ARTICLE: Ultramicrotome, Model Om 699 in the Department of Biology Los Angeles, California 90024. ARTI­ U3. DATE OP DENIAL WITHOUT 799 in the Department of Biochemistry CLE jintramicrotome, Model Om U3 PREJUDICE TO RESUBMISSION: and Biophysics. APPLICATION RE­ MANUFACTURER: C. Reichert Opti- May 22, 1973. CEIVED BY COMMISSIONER 'OF sche Werke, Austria. INTENDED USE Docket Number: 73-00379-01-07500. CUSTOMS: August 23, 1973. OF ARTICLE: The foreign article is in­ APPLICANT: Community Blood Council Docket Number: 74-00088-33-46040. tended to be used in research to study Inc., 310 East 67th Street, New York, APPLICANT: Worcester Foundation for the details of synaptic connections in New York 10021. ARTICLE: M icrocalor­ Experimental Biology, Inc., 222 Maple the vertebrate retina. Specifically, the imetry System, Model LKB 10700-2. Avenue, Shrewsbury, Massachusetts way the many nerve cells In retinal DATE OP DENIAL WITHOUT PREJU­ 01545. ARTICLE: Electron Microscope, synapses may be intertwined and inter­ DICE TO RESUBMISSION: May 22, Model EM 301 and accessories. MANU­ connected will be studied. APPLICA­ 1973. FACTURER: Philips Electronic Instru­ TION RECEIVED BY COMMISSIONER (Catalog of Federal Domestic Assistance Pro­ ments NVD, The Netherlands. IN­ OF CUSTOMS: August 22, 1973. gram No. 11.105, Importation of Duty-Free TENDED USE OF ARTICLE: The Docket Number: 74-00092-33-46040. Educational and Scientific Materials.) foreign article is intended to be used in APPLICANT: Children’s Hospital of research to probe the relationship be­ A . H . S tuart, Pittsburgh, 125 DeSoto Street, Pitts­ tween structure and function in protein- burgh, Pennsylvania 15213. ARTICLE: Director, Special Import nucleic acid and protein-protein interac­ Programs Division, Electron Microscope, Model EM 201 and tions. The biological systems to be stud­ 35 mm. Camera. MANUFACTURER: [FR Doc.73-20898 Filed 10-1-73;8:45 am] ied will be (1) RNA tumor viruses, (2) E. Philips Electronic Instruments NVD, coli bacteriophage T4, (3) adenoviruses, The Netherlands. INTENDED USE OF (4) SV—40, (5) DNA polymerase com ­ ARTICLE: The foreign article is in­ UNIVERSITY OF HAWAII ET AL plexes and (6) heterogeneous RNP par­ tended to be used in research to study Applications for Duty-Free Entry of ticles. APPLICATION RECEIVED BY the details of synaptic connections in the Scientific Articles COMMISSIONER OF CUSTOMS: Au­ vertebrate retina. Specifically, the way gust 22,1973. the many nerve cells in retinal synapses The following are notices of the receipt Docket Number: 74-00089-33-46040. of applications for duty-free entry of may be intertwined and interconnected APPLICANT: University of Cincinnati, Will be studied. APPLICATION RE­ scientific articles pursuant to section College of Medicine, Eden & Bethèsda CEIVED BY COMMISSIONER OF CUS­ 6(c) of the Educational, Scientific, and Avenues, Cincinnati, Ohio 45219. ARTI­ TOMS: August 24,. 1973. Cultural Materials Importation Act of CLE: Electron Microscope, Model EM 1966 (Pub. L. 89-651; 80 Stat. 897). Docket Number: 74-00093-98-77065. 300 and accessories. MANUFACTURER: APPLICANT: Iowa State University, Interested persons may present their Philips Electronic Instruments NVD, views with respect to the question of Purchasing Department, Ames, Iowa The Netherlands. INTENDED USE OF 50010. ARTICLE: Educational Mossbauer whether an instrument or apparatus of ARTICLE: The foreign article is in­ Analyzer, Model EMS-21. MANUFAC­ equivalent scientific value for the pur­ tended to be used in research dealing TURER: Elscint, Israel. INTENDED poses for which the article is intended to with the structure and composition of USE OF ARTICLE: The foreign article be used is being manufactured in the subcellular and viral components iso­ is intended to be used in the following United States. Such comments must be lated from the kidneys of experimental research experiments: filed in triplicate with the Director, animals and humans. The ultimate pur­ (1) measuring the hyperfine magnetic Special Import Programs Division, Office pose of these investigations is to eluci­ field of iron foil and the ratio of delta of Import Programs, Washington, D.C. date a cause and effect association be­ M =±l, 0 transition; 20230, on or before October 21, 1973. tween virus infection and chronic renal (2) measurement of the mossbauer Amended regulations Issued under disease. APPLICATION RECEIVED BY spectra of stainless steel; cited Act, as published in the Febru­ COMMISSIONER OF CUSTOMS: Au­ (3) measurement of the quadrupole ary 24, 1972, issue of the Federal gust 21,1973. R egister, prescribe the requirements Interaction and center shift of sodium Docket Number: 74-00090-33-46040. nitroprusside; applicable to comments. APPLICANT: University of California, A copy of each application is on file, (4) measurement o f the antiferromag­ Cancer Research Laboratory, 230 W ar­ netic interaction in Hematite; and may be examined during ordinary ren Hall, Berkeley, California 94720. Commerce Department business hours ARTICLE: Electron Microscope, Model (5) measuring the magnetic interac­ at the Special Import Programs Divisionr Elmiskop 102 with double tilting cart­ tion and transition point in FeF3 and Department of Commerce, Washington, ridge. MANUFACTURER: Siemens AG, (6) measuring the center shift and D.C. 20230. West Germany. INTENDED USE OF quadrupole splitting in a Ferric and Fer­ Docket Number: 74-00087-33-46040. ARTICLE: The foreign article is in­ rous absorber.. APPLICANT: University of Hawaii, Pa­ tended to be used in cancer research on The article will also be used to teach a cific Biomedical Research Center, 41 the structure and function of animal course entitled “Synthesis in Inorganic Ahui Street, Honolulu, Hawaii 96813. cells, cell parts, and viruses. Specifically, Chemistry.” APPLICATION RECEIVED ARTICLE: Electron Microscope, Model one research group will be concerned BY COMMISSIONER OF CUSTOMS: EM 201. MANUFACTURER: Philips with comparing normal with precancer- August 24, 1973. Electronic Instruments NVD, The ous and cancerous cells from the mam­ Docket number: 74-00094-33-46500. Netherlands. INTENDED USE OF ARTI­ mary glands of laboratory mice with re­ APPLICANT: Eastman Dental Center, CLE: The foreign article is intended to spect to their structure, development, 800 East Main Street, Rochester, New be used for research on (1) the micro­ response to hormones, and other physi­ York 14603. ARTICLE: Ultramicrotome, tubular structure and function, includ­ ological properties for determining the Model LKB 8800A and 4806A Ultrotome ing the mechanism of motility of cilia genesis of breast cancer. Another re­ Table. MANUFACTURER: LKB Produk- and flagella and of chromosome move­ search group will study the mechanisms ter AB, Sweden. INTENDED USE OF ment in mitotic apparatus; (2) the of secretion and response to various hor­ ARTICLE: The foreign article is in­ mechanism of cell division particularly mones in vertebrate and invertebrate tended to be used in research studies on the role of fibrillar structures in the for­ animals, the broad goal being under­ biological, mainly human tissues but also mation of the cell furrow; (3) the break­ standing of evolution and comparative mammalian tissues derived from experi­ down of the cortical granules and their function of endocrine systems. APPLI­ mental animals. The tissues will exhibit role in the formation of the hyaline layer CATION RECEIVED BY COMMIS­ both normal and pathologic structures. at fertilization and (4) the structure of SIONER OF CUSTOMS: August 23,1973. Specific studies will cover (1) formation the egg cortex and its role in embryonic Docket Number: 74-00091-33-46500. of pit and fissure plaque, (2) alterations determination. The article will also be APPLICANT: The Regents of the Uni­ in the enamel adjacent to the^pit and

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 NOTICES 27313 fissure plaque and (3) pathological disease transmission in laboratory ex­ Docket Number: 74-00100-33-90000. changes Jji the pulpal tissue under periments prior to sympton expression. APPLICANT: University Hospital, Di­ carious lesions. APPLICATION RE­ The article will also be used to teach agnostic Radiology, 1350 W alton Way, CEIVED BY COMMISSIONER OF CUS­ non-formalized courses in electron mi- Augusta, Georgia 30901. ARTICLE: EMI TOMS: August 27, 1973. croscopy. APPLICATION RECEIVED Scanner System. MANUFACTURER: Docket number: 74-00095-33-46500. BY COMMISSIONER OF CUSTOMS: EMI Limited, United Kingdom. IN­ APPLICANT: Case Western Reserve Uni­ August 27, 1973. TENDED USE OF ARTICLE: The for­ versity Medical School, 2119 Abington Docket Number: 74-00098-33-77040. eign article is intended to be used in Road, Cleveland, Ohio 44106. ARTICLE: APPLICANT: Michigan Cancer Foun­ clinical investigation and evaluation for Ultramicrotome, Model LKB 8800A. dation, 110 E. W arren Avenue, Detroit, tomography with the use of a computer MANUFACTURER: LKB Produkter AB, Michigan 48201. ARTICLE: Mass Spec­ to determine the density of the tissue Sweden. INTENDED USE OF ARTICLE: trometer System, Model JMS-01SG-2. through which the rays pass. It will also The foreign article is intended to be used MANUFACTURER: JEOL, Ltd., Japan. be used for diagnosis of diseases of the in experiments on the normal visual sys­ INTENDED USE OF ARTICLE: The human brain including brain hemor­ tem of m ice as well as surgical procedures foreign article is intended for the fol­ rhage, thrombosis, and subdural hema­ such as enucleation and coagulation of lowing applications: (1) pharmacolog­ toma, as well as, in the examination of the lateral geniculate nucleus with the ical studies and drug metabolism in the brain for various tumors and varia­ objective of revealing the ultrastructural concert with cancer chemotherapy tions in size of ventricular system. AP­ characteristics of the normal structure programs, (2) studies of metabolism of PLICATION RECEIVED BY COM­ of the visual cortex of anophthalmic pharmacological levels of estrogens in MISSIONER OF CUSTOMS: August 28, mice. Ap p l i c a t i o n r e c e iv e d b y blood and urine in the treatment of re­ 1973. COMMISSIONER OF CUSTOMS: Au­ current breast cancer and (3) routine Docket Number: 74-00101-33-46040. gust 27, 1973. applications in synthetic organic chem­ APPLICANT: University of California, Docket Number: 74-00096-33-46500. istry. Application (1) will be initiated,, Lawrence Berkeley Laboratory, East End APPLICANT: Yale University, Purchas­ with studies of mitomycin C and 5- of Hearst Avenue Berkeley, California ing Department, 260 W hitney Avenue, fluorouracil in which plasma levels and 94720. ARTICLE: Electron Microscope, New Haven, Connecticut 06520. ARTI­ renal excretion of the two compounds Model, JEM 100B. MANUFACTURER: CLE: Ultramicrotome, Model LKB 8800A. will be determined as a function of time JEOL, Ltd., Japan. INTENDED USE OF MANUFACTURER: LKB Produkter AB, in patients with proven solid tumors ARTICLE: The foreign article is in­ Sweden. INTENDED USE OF ARTICLE: and demonstrating normal renal func­ tended to be used in research on (1) the The foreign article will be used in studies tion and appplication (2T will be deter­ loss of resolution and the loss of image on the ultrastructural aspects of (1) mined in patients receiving estrone sul­ quality due to processes of radiation Spontaneous retinal degeneration of rats; fate in the treatment of recürrent breast damage that occurs in the electron beam (2) sialodacryoadenitis and anterior uvei­ cancer, and possibly in tumor tissue also; on biological specimens; (2) high resolu­ tis of rats; (3) hypertensive vascular dis­ in each case, both before and after the tion microscopy of single atoms and (3) ease of rats; (4) transmissible colonic tumor ceases to respond to the estrogen. routine biological electron microscopy of adenomatoid hyperplasia of mice; (5) en­ APPLICATION RECEIVED BY COM­ thin sectioned material, negatively zootic intestinal adenocarcinoma of ham­ MISSIONER OF CUSTOMS: August 28, stained material etc. (Examples are sters; and (6) cytochemistry of cholin­ 1973. histological and morphological studies including diverse topics such as, acid esterase activity in the ciliary body of Docket Number: 74-00099-33-46040. rabbits. Experiments to be conducted in­ APPLICANT: University of Washington, secretion in the stomach, neural tissue in clude: 1) temporal pathogenetic exam­ Seattle, Washington 98195. ARTICLE: culture, retinal tissue exposed to radia­ ination of retinal degeneration, hyper­ Electron Microscope, Model EM 201. tion, investigation of serum lipoprotein MANUFACTURER: Philips Electronic structure, and the characterization of tensive vascular disease, anterior uveitis lipoprotein morphology in abnormal and and sialodacryoadenitis of rats; 2) path­ Instruments NVD, The Netherlands. INTENDED USE OF ARTICLE: The pathological circumstances.) APPLICA­ ogenetic and étiologie studies of adenom­ TION RECEIVED BY COMMISSIONER atous and neoplastic lesions of the in­ foreign article is intended to be used in testinal tract of mice and hamsters and broadly directed research to acquire a OF CUSTOMS: August 29, 1973. 3) cytochemical evaluation of cholines­ better understanding of the fine struc­ (Catalog of Federal Domestic Assistance terase activity in the eye under normal tures of tissues in terms of their con­ Program No. 11.105 Importation of Duty- conditions and following the administra­ stituait cell organelles and, whenever Free Educational and Scientific Materials.) tion of certain drugs. APPLICATION possible, to relate their structure to A . H . S tuart, RECEIVED BY COMMISSIONER OF physiological or mechanical function. Director, Special Import CUSTOMS: August 27,1973. Specific programs include (1) relating Programs Division. structure to function in capillaries by Docket number: 74-00097-63-46040. [FR Doc.73-20899 Filed 10-1-73;8:45 am] APPLICANT: University of Florida, In­ developing and applying a new stain, ruthenium red, to identify extracellular stitute of Food & Agricultural, Agri. Re­ DEPARTMENT OF HEALTH, search Center, 3205 S.W. 70th Avenue, acid mucopolysaccarides; (2) investigat­ Fort Lauderdale, Florida 33314. AR­ ing the plasma membrane complex of EDUCATION, AND WELFARE amoebae; (3) examination of cell mem­ TICLE: Electron Microscope, Model EM Food and Drug Administration 201 and Accessories. MANUFACTURER: branes and cytoplasm components pre­ Philips Electronic Instruments NVD, The pared in ways intended to best preserve ADVISORY COMMITTEES Netherlands. INTENDED USE OF AR­ their normal appearance; (4) studying Notice of Establishment the pathways of protein uptake in the TICLE: The foreign article is intended Pursuant to the Federal Advisory to be used in research studies on the suckling rat intestine; (5) determina­ tion of the origin, composition and fate Committee Act o f October 6, 1972, (Pub. Lethal Yellowing Disease of coconuts. L. 92-463, 86 Stat. 770-776 (5 U.S.C. Specific objectives include (1) identifi­ of certain cytoplasmic components unique to germ cells and to analyze their App.), the Food and Drug Administra­ cation of the casual agentCs) of the dis­ tion announces the establishment by the ease and its insect vectors; (2) positive role as well as the role of other factors in the process of germ cell formation and Secretary, Department of Health, Educa­ disease diagnosis of several palm species tion, and W elfare, on August 24, 1973, apparently attacked by Lethal yellow­ maturation and (6) assessment of pitu­ itary somatroph cells in rat pars distalis of six public biological advisory commit­ ing; (3) early detection of Lethal yel­ tees as follows: lowing by electron microscopic examina­ when incubated with growth hormone­ tion before macroscopic disease expres­ releasing and inhibiting factors. AP­ 1. Designation. Panel on Review of sion; (4) determination of pathogen PLICATION RECEIVED BY COM­ Biological Skin Test Antigens. population in infected trees after chem­ MISSIONER OF CUSTOMS: August 13, Purpose. The panel will (1) advise the ical treatment and (5) determination of 1973. Commissioner of Food and Drugs on the

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 No. 190----- 6 27314 NOTICES

safety and effectiveness of biological skin one of the other therapeutic categories ard of identity. This extension shall ter­ test antigens; (2) review and evaluate being reviewed; (2) review and evaluate minate either on the effective date of available data concerning the safety, ef­ available data concerning the safety, ef­ an affirmative order ruling on the pro­ fectiveness, and adequacy of labeling of fectiveness, and adequacy of labeling of posal or 30 days after a negative order currently marketed biological products currently marketed biological products ruling on the proposal, whichever the consisting of such products as Blastomy- consisting of venoms, enzymes, Trichi- case may be. cin, Coccidioidin, Diphtheria Toxin/ nella extract, etc., which are used in the Pursuant to the amendments to 21 Schick Test, Histoplasmin, which are treatment and diagnosis of various dis­ CFR 10.5 proposed in the Federal R egis­ used in diagnostic substances for dermal eases in man; and (3) advise on the pro­ ter on December 9, 1972 (37 FR 26340), test; and (3) advise on the promulgation mulgation of monographs establishing all interested persons are invited to par­ of monographs establishing conditions conditions, under which these particular ticipate in the market test under the under which these particular products products are generally recognized as safe same conditions that applied to the ini­ are generally recognized as safe and ef­ and effective and not misbranded. tial permit holder, including labeling fective and not misbranded, 6. Designation. Panel on Review of Im­and the amount to be distributed, except 2. Designation. Panel on Review of mune Serums, Antitoxins and Antivenins. that the designated area of distribution Biological In Vitro Diagnostic Reagents. Purpose. The panel will (1) advise the shall not apply. Any interested person Purpose. The panel will (1) advise the Commissioner of Food and Drugs on the who accepts the invitation to participate Commissioner of Food and Drugs on the safety and effectiveness of immune in the extended market test shall notify safety and effectiveness of biological in serums, antitoxins and antivenins; (2) the Commissioner in writing of that fact, vitro diagnostic reagents; <2) review and review and evaluate available data con­ the amount to be distributed, and the evaluate available data concerning the cerning the safety, effectiveness, and ade­ area of distribution; and along with safety, effectiveness, and adequacy of quacy of labeling of currently marketed such notification, he shall submit the labeling of currently marketed biological biological products consisting of im m ii n p labeling under which the food is to be products consisting of in vitro diagnostic serums and globulins specific for partic- distributed. reagents which are used in clinical lab ‘ular infective agents which are used for The terms of the extended permit are tests for diagnosis, prevention and treat­ conferring passive immunity; antitoxins for an amount not to exceed 1 million ment of disease and assessment of medi­ which are used for neutralizing the pounds of product in institutional packs cal conditions; and (3) advise on pro­ toxins of infective microorganism s; and per permit holder. The principal display mulgation of monographs establishing antivenins which are antitoxic s e r u m panel of the label will bear the ingredi­ conditions under which these particular products for counteracting the venom of ent statement “contains enzyme treated products are generally recognized as safe snakes, spiders, and insects; and (3) ad­ Cheddar cheese” and the product will be and effective and not misbranded. vise on the promulgation of monographs further identified by a production code. establishing conditions under which 3. Designation. Panel on Review of Dated September 24,1973. Allergenic Extracts. these particular products are generally recognized as safe and effective and not Sam D. F ine, Purpose. The panel will (1) advise the misbranded. Commissioner of Food and Drugs on the Associate Commissioner for Authority for these committees will ex­ Compliance. safety and effectiveness of allergenic ex­ pire August 24,1975, unless the Secretary tracts and combinations thereof; (2) re­ formally determines that continuance is [Fit Doc .73-20915 Filed 1 0-l-73 ;8 :45 am] view and evaluate available data con­ in the public interest. cerning the safety, effectiveness, and adequacy of labeling of currently mar­ Dated September 21, 1973. [DESI 12708; Docket No. FDC-D-598; NDA keted biological products consisting of 12-708] Sam D. Fine, products or materials, either singly or Associate Commissioner for MALLINCKRODT CHEMICAL WORKS in combination, that are administered Compliance. Antihypertensive Combination Containing to man for the diagnosis, prevention, or [FR Doc.73-20911 Filed 10-1-73;8:45 am] a Veratrum Alkaloid; Notice of With­ treatment of allergies and allergic dis­ drawal of Approval of New Drug Appli­ eases; and (3) advise on the promulga­ cation tion of monographs establishing condi­ tions under which these particular L. D. SCHREIBER CHEESE CO., INC. On February 9, 1973, there was pub­ products are generally recognized as safe Pasteurized Process Cheese Deviating lished in the F ederal R egister (38 FR and effective and not misbranded. From Identity Standards; Extension of 4008) a notice of opportunity for hear­ Temporary Permit for Market Testing ing (DESI 12708) in which the Commis­ 4. Designation. Panel on Review of sioner of Food and Drugs proposed to Blood and Blood Derivatives. Pursuant to § 10.5 (21 CFR 10.5) con­ issue an order under section 505(e) of Purpose. The panel will (1) advise the cerning temporary permits to facilitate the Federal Food, Drug, and Cosmetic Commissioner of Pood and Drugs on the market testing of foods deviating from Act (21 U.S.C. 355(e)) withdrawing ap­ safety and effectiveness of blood and the requirements of standards of identity proval of the new drug application for blood derivatives; (2) review and evalu­ promulgated pursuant to section 401 (21 the following drugs: ate available data concerning the safety, U.S.C. 341) of the Federal Food, Drug, 1. NDA 12-708; Diutensen Tablets effectiveness, and adequacy of labeling and Cosmetic Act, notice is given that containing cryptenamine (as tannate of currently marketed biological products the temporary permit, held by L. D. salts) and methyclothiazide, and Schreiber Cheese Co., 1607,Main St., P.O. consisting of whole human blood and 2. Diutensen-R, Tablets containing fractions thereof, such as human red Box 610, Green Bay, W I 54305, covering limited interstate marketing tests of an cryptenamine (as tannate salts), methy­ blood cells, cryoprecipitated antihemo­ clothiazide, and reserpine; both mar­ philic factor and other blood derivatives institutional pack of pasteurized process cheese deviating from the standards of keted by Mallinckrodt Chemical Works, which are used in the treatment of Pharmaceutical Products Division, Post human disease; and (3) advise on the identity for pasteurized process cheese Office Box 5439, St. Louis, Mo. 63160. promulgation of monographs establishing (21 CFR 19.750) in .that it contains en­ The basis of the proposed withdrawal conditions under which these particular zyme treated Cheddar cheese, terminated products are generally recognized as safe of approval was the lack of substantial and effective and not misbranded. on July 10, 1973 and will be extended, evidence that each component of the combination drugs contributes to the 5. Designation. Panel on Review of effective the date of the publication of a notice of proposed rulemaking published total effect claimed for the drugs, and Miscellaneous Biological Products. that these fixed combination drugs will elsewhere in this issue of the F ederal Purpose. The panel will (1) advise the have the effect that they purport or are Commissioner of Food and Drugs on the R egister based on a petition by L. D. represented to have under the conditions safety and effectiveness of miscellaneous Schreiber Cheese Co., Inc., setting forth of use prescribed, recommended, or sug­ biological products not included within a proposal to amend the affected stand­ gested in their labeling.

FEDERAL REGISTER, VOL. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 NOTICES 27315

All identical, related, or similar prod­ National Institutes of Health NOVEMBER 9 * ucts, not the subject of an approved new CANCER CONTROL ADVISORY COMMITTEE Workshops on ten problems in vocational drug application, are covered by the new education drug application reviewed and are sub­ Cancellation of Meeting Workshop on evaluation of the impact of Pub. L. 90-576 ject to this notice. See 21 CFR 130.40 (37 The.meeting of the Cancer Control Address by Melvin Laird, Counselor to the FR 23185, Oct. 31,1972). Any person who Advisory Committee originally sched­ President for Domestic Affairs wishes to determine whether a specific uled for October 4,1973 and so published product is covered by this notice should in the F ederal R egister, Document 73- Records shall be kept of all Council write to the Food and Drug Administra­ 20317 appearing o n page 26753, dated proceedings and shall be available for tion, Bureau of Drugs, Office of Com­ September 25, 1973, has been cancelled. public inspection at the Office of the pliance (B D -300), 5600 Fishers Lane, The meeting was planned as a follow-up Council’s Executive Director, located in Rockville, MD 20852. of the meeting of the Cancer Control Ad­ Suite 412, 425— 13th Street NWn W ash­ Pursuant to the notice Mallinckrodt visory Committee held September 24-26, ington, D.C. 20004. has requested a hearing concerning 1973; cancellation was occasioned by Signed at Washington, D.C., on Sep­ Diutensen Tablets. That request is under virtue of the fact necessary discussions tember 25, 1973. review and will be the subject of a sub­ were completed during the September C alvin D ellefield, sequent F ederal R egister publication. Committee meeting. Executive Director. Mallinckrodt, in lieu of requesting a Dated September 28,1973. hearing concerning Diutensen-R Tab­ [FR Doc.73-20906 Filed 10-1-73;8:45 am] lets, elected to reformulate that product Jo h n F . S h er m an , by deleting the cryptenamine, and leav­ Deputy Director, ing only reserpine and methyclothiazide. National Institutes of Health. Office of the Secretary Similar combinations of reserpine and a [FR Doc.73-21008 Filed 1 0-l-73 ;8 :45 am] ADMINISTRATOR, ALCOHOL, DRUG thiazide (DESI 9296) were published as ABUSE, AND MENTAL HEALTH ADMIN­ effective for hypertension in the F ederal ISTRATION Register o f February 6, 1973 (38 FR Office of Education Delegations of Authority 3418). An amendment to that notice to NATIONAL ADVISORY COUNCIL ON I hereby revoke the delegations previ­ provide for drugs containing methychlo- VOCATIONAL EDUCATION thiazide and reserpine will subsequently ously made by me to the Director, Na­ Notice of Public Meeting tional Institutes of Health, effective be published in the F ederal R egister. No data concerning the unreformu­ Notice is hereby given, pursuant to July 2, 1973 (38 FR 18261, July 9, 1973), lated Diutensen-R have been submitted Pub. L. 92-463, that the next meeting of insofar as such delegations pertain to the pursuant to the notice of February 9, the National Advisory Council on Voca­ functions assigned to the National Insti­ 1973, nor has any interested person filed tional Education will be held on No­ tute of Mental Health. a written appearance of election con­ vember 8, 1973, from 9:00 a.m. to 5:00 I hereby delegate to the Administrator, cerning that formulation as provided by p.m., local time; a joint meeting of the Alcohol, Drug Abuse, and Mental Health said notice. The failure to file such an National and State Advisory Councils Administration, all authority delegated appearance constitutes an election by will be held on November 8, 1973, from to me by the Secretary of Health, Educa­ such persons not to avail themselves of 7:30 pjn. to 10:00 p.m., local time, and tion, and Welfare which pertains to the the opportunity for a hearing. on November 9, 1973, from 9:00 a.m. to functions assigned to the Alcohol, Drug 10:00 p.m., local time, at the L’Enfant Abuse, and Mental Health Administra­ The Commissioner of Food and Drugs, tion by the Reorganization Order effec­ pursuant to the provisions of the Federal Plaza Hotel, Washington, D.C. The National Advisory Council on tive September 25, 1973. Pood, Drug, and Cosmetic Act (sec. 505, These authorities may be redelegated. 52 Stat. 1053, as amended (21 U.S.C. Vocational Education is established 355)), and the Administrative Procedure under section 104 of the Vocational Ed­ Pending issuances of further redele­ Act (5 U.S.C. 554), and under authority ucation Amendments of 1968 (20 U.S.C. gations, all delegations or redelegations delegated to him (21 CFR 2.120), finds 1244). The Council is directed to advise to any other officer or employee of any that on the basis of new information be­ the Commissioner of Education con­ office, bureau, division, center or other fore him with respect to the drug, evalu­ organizational unit which were in effect cerning the administration of, prepara­ immediately prior to September 25, 1973, ated together with the evidence available tion of general regulations for, and to him when the application was ap­ shall continue in effect in them or their proved, there is a lack of substantial evi­ operation of, vocational education pro­ successors. dence that the combination drug con­ grams supported with assistance under This delegation becomes effective Sep­ taining cryptenamine (as tannate salte), the act; review the administration and tember 25, 1973. methychlothiazide, and reserpine will operation of vocational education pro­ Dated September 21, 1973. have the effect it purported or was repre­ grams under the act; including the ef­ sented to have under the conditions of fectiveness of such programs in meeting C harles C . E dw ards, use prescribed, recommended, or sug­ Assistant Secretary for Health. the purposes for which they are estab­ gested in the labeling thereof. [FR Doc.73-20921 Filed 10-1-73; 8:45 am] Therefore pursuant to the foregoing lished and operated, make recommenda­ finding, approval of that part of NDA 12- tions with respect thereto, and make 708 pertaining to Diutensen-R Tablets annual reports of its findings and ADMINISTRATOR, ALCOHOL, DRUG containing cryptenamine (as tannate recommendations to the Secretary of ABUSE, AND MENTAL HEALTH ADMIN­ salts), methyclothiazide and reserpine HEW for transmittal to the Congress; ISTRATION and all amendments and supplements n.n

FEDERAL REGISTER, V O L 38, N O . T90— TUESDAY, OCTOBER 2, 1973 27316 NOTICES

Pending issuance of redelegations, all The Alcohol, Drug Abuse, and Mental in effect, in them or their successors administrative management and finan­ Health Administration shall be headed pending further redelegation. cial management authorities delegated by the Administrator, Alcohol, Drug Sec. 4, Funds, Personnel, and Equip­ or redelegated to any officer or employee Abuse, and Mental Health Administra­ of any office, division, institute or other ment. Transfer of organizations and tion, who will report to the Assistant functions effected by this Reorganization organizational unit which were in effect Secretary for Health. The Administrator Order shall be accompanied in each in­ immediately prior to September 25,1973, of the Alcohol, Drug Abuse, and Mental shall continue in effect in them or their stance by direct and supporting funds, Health Administration shall be respon­ positions, personnel, records, equipment! successors. sible for the general supervision and supplies, and other resources. This delegation becomes effective Sep­ policy direction of the National Institute This Reorganization Order shall be ef­ tember 25,1973. on Drug Abuse, the National Institute on fective September 25,1973. Alcohol Abuse and Alcoholism, and the Dated September 21,1973. National Institute of Mental Health. Dated September 25,1973. C harles C . E dwards, Section 1. Organization. The Public C aspar W . W einberger, Assistant Secretary for Health. Health Service shall now consist of the Secretary. [FR Doc.73-20922 Filed 10-l-73;8:45 am] Office of the Assistant Secretary for [FR Doc.73-20919 Filed 10-1-73;8:45 am] Health and the following health agen­ cies; NATIONAL PROFESSIONAL STANDARDS (1) Center for Disease Control. DEPARTMENT OF REVIEW COUNCIL, SUBCOMMITTEE ON (2) Food and Drug Administration. TRANSPORTATION POLICY DEVELOPMENT (3) Health Resources Administration. Federal Aviation Administration Cancellation of Meeting (4) Health Services Administration. (5) National Institutes of Health. AIRPORT TRAFFIC CONTROL TOWER AT The meeting of the National Profes­ (6) Alcohol, Drug Abuse, and Mental TUSCALOOSA, ALABAMA sional Standards Review Council Sub­ Health Administration. Notice of Commissioning committee on Policy Development that The i-estructured Public Health Serv­ was scheduled for Saturday, October 6, ice shall continue under the direction Notice is hereby given that on Au­ 1973 has been cancelled. The meeting and control of the Assistant Secretary gust 16, 1973, the Airport Traffic Control was to be held at the Chicago Marriott for Health, who shall serve as the prin­ Tower at the Tuscaloosa, Alabama, Van M otor Hotel, 8535 W. Higgins Road, Chi­ cipal health officer of the Department, de Graaf Airport began operation as an cago, Illinois, from 9:00 a.m. to 3:00 p.m. and within the Office of the Secretary FAA facility. This information will be The notice was published in the F ederal serves as the principal advisor to the reflected in the FAA Organization State­ R egister on Tuesday, September 18, Secretary on all health matters. ment the next time it is issued. Commu­ 1973. Sec. 2. Continuation of Regulations. nication to the tower should be as Dated September 26,1973. Except as inconsistent with this Re­ follow s: organization Order, all regulations, rules, Federal Aviation Administration W il l ia m I. B auer, M.D., orders, statements of policy, or interpre­ Airport Traffic Control Tower Executive Secretary, National tations with respect to the Public Health Van de Graaf Airport Professional Standards Re­ P.O. Box 447 Service heretofore issued and in effect Northport, Alabama 35476 "* view Council. prior to the date of this Reorganization [FR Doc.73-20923 Filed 10-1-73;8:45 am] Order, or to become effective subsequent Issued in East Point, on August 16, to said date, are continued in full force 1973. and effect. All such regulations, rules, P h il ip M . S w a t e k , PUBLIC HEALTH SERVICE orders, statements of policy, or interpre­ Director, Southern Region. Reorganization Order tations relating to the National Institutes [FR Doc.73-20881 Filed 1 0-l-73;8:45 am] Under the authority of section 6 of of Mental Health shall be continued in Reorganization Plan No. 1 of 1953 and effect as applicable to the Alcohol, Drug Abuse, and Mental Health Administra­ AIRPORT TRAFFIC CONTROL TOWER AT section 2 of Reorganization Plan No. 3 of tion. 1966, and pursuant to the authorities VERO BEACH, FLORIDA vested in me as Secretary of Health, Ed­ Sec. 3. Prior Statements of Organiza­ Notice of Commissioning ucation, and Welfare, I hereby order the tion, Functions, and Delegations of Au­ thority. To the extent inconsistent with Notice is hereby given that on Au­ removal of the National Institute of gust 16, 1973, the Airport Traffic Control Mental Health from the National Insti­ this Reorganization Order all previous statements of organization, functions, Tower at the Vero Beach, Florida, Air­ tutes of Health, the redesignation of the port began operation as an FAA facility. National Institute of Mental Health as and delegations of authority, as well as the Alcohol, Drug Abuse, and Mental applicable present chapters of the De­ This information will be reflected in the Health Administration and its establish­ partment’s Organization Manual, are FAA Organization Statement the next ment as an independent agency in the hereby superseded by this Reorganiza­ time it is issued. Communications to the Public Health Service. tion Order, except that, pending further redelegations by the Assistant Secretary tower should be as follows: The Alcohol, Drug Abuse, and Mental for Health, all delegations to the Director Federal Aviation Administration Health Administration shall consist of: of the National Institutes of Health per­ Airport Traffic Control Tower (1) The National Institute on Drug taining to the National Institute of Vero Beach Airport Abuse, which shall perform the func­ P.O. Box 130 Mental Health, are hereby vested in the Vero Beach, Florida 32960 tions currently performed by the Divi­ Administrator, Alcohol, Drug Abuse, and sion of Narcotic Addiction and Drug Mental Health Administration, with Issued in East Point, on August 16, Abuse of the National Institute of Men­ authority to redelegate, consistent with 1973. tal Health; (2) the National Institute on this Reorganization Order and the pro­ D uane W . F reer, Alcohol Abuse and Alcoholism, which visions of the respective delegation. shall perform the functions currently Acting Director, Southern Region. All redelegations made by the Direc­ performed by the National Institute on [FR Doc.73-20880 Filed 10-l-73;8:45 am] Alcohol Abuse and Alcoholism of the tor, National Institutes of Health to the National Institute of Mental Health; and Director, National Institute of Mental (3) a new organization, designated as the Health and to any other officer or em­ TACOMA-INDUSTRIAL AIRPORT National Institute of Mental Health, ployee of any office, institute, division, or Commissioning of Airport Traffic Control which shall administer research and other organizational unit in effect im­ Tower services programs regarding mental mediately prior to the effective date of Notice is hereby given that on or about health. this Reorganization Order shall continue September 27, 1973, the Airport Traffic

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 NOTICES 27317

Control Tower at the Tacoma-Indus­ Specialty Equipment Manufacturers Associa­ Report and Recommendations on Safety De­ tion fects trial Airport, Tacoma, Washington, will New Business be commissioned. It will improve the op­ Question and Answer Period erational flow of terminal traffic con­ The National M otor Vehicle Safety Ad­ At 10:00 am. on October 11 in room sisting predominately of general avia­ visory Council is composed of 22 mem­ 2232 the Crash worthiness Committee will tion aircraft. Communications to the bers, a majority of whom represent the meet with the following agenda: Airport Traffic Control Tower.should be general public, including representatives Review of Program of School Bus Manu­ addressed as follows: of State and local governments, with the facturers Institute Task Force for School Airport Traffic Control Tower remainder representing motor vehicle Bus Safety Sponsored by Truck Body and Department of Transportation and motor vehicle equipment manufac­ Equipment Association Federal Aviation Administration turers and dealers. The Advisory Council FMVSS 208 (Occupant Protection): Tacoma-Industrial Airport makes recommendations to the Secre­ Extension Beyond 8/15/75; 1022 26th Avenue NW. tary of Transportation on the motor ve­ Mandatory Safety Belt Use Laws and 208; Gig Harbor, Washington 98335 Starter Interlock Acceptance and Effective­ hicle safety standards program admin­ ness; Issued in Seattle, Washington, on istered under the National Traffic and Review of Dummy Specifications September 5,1973. M otor Vehicle Safety Act of 1966 (15 Experimental Safety Vehicle Program: Ç. B. W a l k , Jr., U.S.C. 1381 et seq.). 40 or 50 mph Barrier Impact Speed; Director. The Advisory Council’s Safety Defects Vehicle Weight, Average Speeds and Crash Conference is independent of any rule- Impact Speed Projections for 1980 and [FR Doc.73-20882 Filed 1 0-l-73;8:45 am] Beyond making activities conducted by the De­ Child Restraints partment of Transportation, is not a New Business National Highway Traffic Safety substitute for meetings held at the re­ Administration quest of the Department, and is not a On October 11 at 2:00 p.m. the full substitute for comments submitted to any Council will meet in room 2232 with the NATIONAL MOTOR VEHICLE SAFETY following agenda: ADVISORY COUNCIL rulemaking docket. The Department of Transportation is not responsible for Plans for Third International Congress on Notice of Public Meeting représentations made or positions taken Automotive Safety On October 9 and 10,1973, the National at the conference. Excallbur Award Resolution Report of Accident Avoidance and Operating Motor Vehicle Safety Advisory Council This notice is given pursuant to sec­ Systems Committee will hold a public conference on the tion 10(a) (2) of Pub. L. 92-463, Federal Report of Crashworthiness Committee technical and legal aspects of motor ve­ Advisory Committee Act, effective Jan­ New Business hicle safety defects. This conference is uary 5, 1973. This notice is given pursuant to section sponsored by the Advisory Council to aid For further information, contact the it in developing recommendations and 10(a) (2) of Pub. L. 92-463, Federal Ad­ NJHTSA Executive Secretary, Room 5215, visory Committee Act (FACA) effective guidelines for consideration by the Sec­ 400 Seventh Street SW., Washington, retary of Transportation on what con­ D.C., or telephone 202-426-2872. January 5,1973. stitutes a “safety-related defect.” The For further information, contact the Council believes that the conference is Issued on September 26, 1973. NHTSA Executive Secretary, Room 5215, timely in light of the increasingly large C alvin B u rkh art, 400 Seventh Street SW., Washington, number of motor vehicles recalled each Executive Secretary. D.C., telephone 202-426-2872. year and legislation before the Congress Issued on September 26, 1973. regarding mandatory recall and remedy [FR Doc.73-20907 Filed 10-l-73;8:45 am] of safety-related defects. C alv in B urkh art, The 2-day conference will be held in NATIONAL MOTOR VEHICLE SAFETY Executive Secretary. room 2232, Department of Transporta­ ADVISORY COUNCIL [FR Doc.73-20908 Filed 10-1-73;8:45 am] tion Headquarters Building, 400 Seventh Notice of Public Meeting Street SW., Washington, D.C., beginning CIVIL AERONAUTICS BOARD at 9:00 a.m. each day. Presentations are October 11, 1973, the National M otor [Docket No. 25908] expected from 16 organizations as out­ Vehicle Safety Advisory Council will hold open meetings in the DOT Headquarters TRANSATLANTIC ROUTE PROCEEDING lined in the following tentative agenda: Building, 400 Seventh Street SW., Wash­ Session I— October 9— 9:00 A.M.— Noon ington, D.C. The Advisory Council is Notice of Prehearing Conference Automobile Importers of America composed of 22 members, a majority of Notice is hereby given that a prehear­ Center for Auto Safety and Consumers Union whom are representatives of the general ing conference in the above-entitled International Harvester Company public, including representatives of State matter is assigned to be held on Novem­ Vehicle Equipment Safety Commission and local governments, with the re­ ber 29, 1973, at 10:00 a.m. (local tim e), Question and Answer Period mainder including representatives of in Room 1027, Universal Building, 1825 Session II— October 9—2:00 f .m .-5:00 p .m . motor vehicle manufacturers, motor ve­ Connecticut Avenue NW., Washington, hicle equipment manufacturers, and Connecticut Department of Motor Vehicles D.C., before Administrative Law Judge Motor & Equipment Manufacturers Associa­ motor vehicle dealers. The Secretary of Ross I. Newmann. tion Transportation consults with the Advi­ In order to facilitate the conduct of Volkswagen of America, Inc. sory Council on motor vehicle safety the conference parties are instructed to Insurance Institute for Highway Safety standards promulgated under the Na­ submit one copy to each party and four Public Communication, Inc. tional Traffic and Motor Vehicle Safety copies to the Judge of: (1) proposed Question and Answer Period A ct of 1966 (15 U.S.C. 1381 et seq.). statements of issues; (2) proposed stip­ Session HI— October 10— 9:00 a.m .-N oon The following meetings are subject to ulations; (3) requests for information; General Motors Corporation the approval of the Secretary of Trans­ (4) statement of positions of parties; and Automobile Club of Missouri portation. (5) proposed procedural dates. The Bu­ Walker Stainless Equipment Co., Inc. On October 11 at 8:30 a.m. in room reau of Operating Rights will circulate State Farm Insurance Company its material on or before November 9, National Association of School Bus Contract 2232 the Accident Avoidance and Oper­ 1973, and the other parties on or before Operators ating Systems Committee will meet with November 19, 1973. The submissions of Question and Answer Period the following agenda: the other parties shall be limited to Session IV— October 10— 2:00 p .m .-4:00 p .m . Proposals for Visibility Standards points on which they differ with the U.S. Senate Committee on the Judiciary- Application of Standards to Multipurpose Bureau of Operating Rights, and shall Subcommittee on Antitrust and Monopoly Vehicles and Light Trucks follow the numbering and lettering used

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 27318 NOTICES by the Bureau to facilitate cross- riers, and the Civil Aeronautics Board, at the Commissioner of Customs directing referencing. least three business days prior to said that this transfer be made as of Octo­ Dated at Washington, D.C., Septem­ meeting; ber 1, 1973. ber 26,1973. (d) A full transcript shall be main­ tained at all meetings, at the expense S eth M. B odner, [seal! R alph L. W iser, of the carriers, and two copies of said Chairman, Committee for the Chief Administrative Law Judge. transcript shall be filed with the Board; Implementation of Textile [PR Doc.73-20840 Filed 10-l-73;8:45 am] (e) The authority granted herein shall Agreements, and Deputy As­ expire within 90 days of the effective sistant Secretary for Re­ date o f this order; sources and Trade Assistance. [Docket No. 25604; Order 73-9-91] 2. Copies of this order shall be served Com m ittee for th e I mplementation of TRANS WORLD AIRLINES, INC. on the Cities of Albuquerque, New Mexi­ T extile A greements Order Regarding Capacity Reduction co and Kansas City, Missouri; the De­ Commissioner of C u stom s, Discussions partments o f Defense, Justice and Trans­ Department o f the Treasury, portation; the U.S. Postal Service; and Washington, D.C. Adopted by the Civil Aeronautics all certificated and supplemental air car­ Board at its office in Washington, D.C. riers; and September 26,1973. • D ear Mr . Commissioner: In accordance on the 25th day o f September, 1973. 3. To the extent not granted herein, Trans World Airlines requests author­ with the procedures of Executive Order 11651 all outstanding requests be and they of March 3, 1972, you are directed, effective ization to engage in preliminary inter­ hereby are dismissed without prejudice. on October 1, 1973 and until further notice, carrier discussions to identify markets in to transfer the following numbers in the which multilateral reductions of capac­ This order shall be published in the Tariff Schedules of the United States An­ ity might be achieved in accordance with F ederal R egister. notated which are currently being classified the standards previously prescribed by By the Civil Aeronautics Board. In cotton textile Category 64 to Categories the Board.1 26 and 27, as Indicated below: [ seal] E d w in Z . H olland,6 The City of Kansas City, Missouri, TSUSA number: Category United Air Lines, and Western Air Lines Secretary. 355.5000______26 have filed answers in support of the [FR Doc.73720920 Filed 10-1-73;8:45 am] 355.6510______.______26 application.* 356.1010______26 Upon consideration of the foregoing, COMMITTEE FOR THE IMPLEMEN- 356.1510______._____ 26 we shall authorize Trans World Airlines 356.2000______26 TATION OF TEXTILE AGREEMENTS 356.2510— ______26 to conduct the discussions so requested 332.4020______!______26 for the same reasons as those adopted CERTAIN COTTON TEXTILE PRODUCTS 332.4040______27 in prior proceedings. Available informa­ Entry or Withdrawal for Warehouse for tion tentatively indicates that appropri­ For purposes of the visa systems In effect Consumption with a number of countries, or hereafter put ate capacity reduction agreements could Into effect, which require the category clas­ S eptember 26, 1973. benefit the nation’s energy conservation sification on the visas to match that of the program, the environment, and the fi­ Effective on October 1, 1973, the fo l­ goods being shipped, cotton textile products nances of the carriers involved, without lowing numbers in the Tariff Schedules in the foregoing TSUSA numbers, exported injuring the quality of service afforded of the United States Annotated (TSUSA) to the United States prior to January 1,1974 the traveling public.* The discussions au­ which are currently classified in cotton and showing Categories 64, or 26/27, as appli­ thorized herein will be subject to con­ textile Category 64 will be transferred to cable, on the accompanying visas, will not ditions similar to those previously pre­ and classified in Categories 26 and 27, as be denied entry. scribed in such cases.4 indicated: Early in 1974, these changes will be in­ cluded in the detailed description of the Accordingly, It is ordered, T h at: TSUSA No. Category categories in terms of TSUSA numbers which 1. All certificated air carriers be and 355.5000 ______26 was published in the F ederal R egister on they hereby are authorized to conduct 355.6510 ______26 April 29, 1972 (FR 8802), as amended on discussions to determine whether to re­ 356.1010 ______26 February 14,1973 (38 FR 4436). quest authority to discuss capacity re­ 356.1510 ___ 26 The actions taken with respect to imports duction agreements in specific markets, 3562000 ______26 of cotton textiles and cotton textile products subject to the following conditions: 356.2510 ______26 produced or manufactured in the affected 332.4020 ______„______26 countries have been determined by the Com­ (a) The discussions shall be held in 332.4040 ______27 Washington, D.C. and representatives of mittee for the Implementation of Textile The purpose of this action is to elim­ Agreements to involve foreign affairs func­ the Civil Aeronautics Board and of any tions of the United States. Therefore, the other Interested persons shall be per­ inate the necessity to convert the des­ directions to the Commissioner of Customs mitted to attend the discussions as ob­ ignated TSUSA numbers for these being necessary for the implementation of servers; coated or filled fabrics of cotton textiles such actions, fall within the foreign affairs from square yards to pounds, the stand­ exception to the rulemaking provisions of 5 (b) The markets to be discussed shall ard unit of measure for Category 64. UJ3.C. 553. This letter will be published in be limited to markets in interstate and the Federal R egister. overseas air transportation; For purposes of the visa systems in ef­ fect with a number of countries, or here­ (c) Notices of any meeting held pur­ Sincerely, ■ after put into effect, which require the Seth M. B odner, suant to this Order shall be served on category classification on the visas to Chairman, Committee for the Im­ all certificated and supplemental air car- match that of the goods being shipped, plementation of Textile Agree­ ments, and Deputy Assistant Sec­ cotton textile products in the foregoing retary for Resources and Trade 1 See Order 73-4-98, April 24,1973, and pre­TSUSA numbers, exported to the United Assistance. vious orders referred to therein. States prior to January 1,1974 and show­ 3 The City of Albuquerque, New Mexico, ing Categories 64, or 26/27, as applicable, [FR Doc.73-20893 Filed 10-1-73; 8:45 am] has filed a petition for leave to intervene. on the accompanying visas, will not be Under our rules (§ 302.15(a)) such a peti­ ENVIRONMENTAL PROTECTION tion is premature and unnecessary, since at denied entry. this stage there is nothing before the Board Accordingly, there is published below AGENCY which will be the subject of a formal hear­ a letter o f September 26, 1973, from the PREPARATION, ADOPTION, AND SUBMIT­ ing, and since Albuquerque can participate Chairman of the Committee for the Im­ TAL OF IMPLEMENTATION Pl^NS in the present non-hearing proceedings with­ plementation of Textile Agreements to out Intervention. Extension of Public Comment Period * See Order 73-7-147, July 27,1973. * See, for example, Order 71-3-71, March 11, 6 Concurring and dissenting statements On September 14, 1973 (38 FR 25697), 1971, ordering paragaph 1. filed as part of original document. the Administrator published proposed

FEDERAL REGISTER, VOL. .38, NO. 190— TUESDAY, OCTOBER 2, 1973 NOTICES 27319 regulations dealing with the use of sup­ exceed one year. The hearing will con­ pose, the generation of steam or other plementary control systems and impler vene at Courtroom No. 2, U.S. Court vapor to produce electric power for sale. mentation of national secondary ambi­ House, Fifth Floor, 500 Quarrier Street, The generating stations set forth below ent air quality standards. Notice is hereby Charleston, West Virginia. The hearing operate Type ‘a’ fuel burning units. Ac­ given that the period for public comment may continue beyond one day, and the cordingly, these stations are subject, as on these proposed regulations is beng Administrative Law Judge may recon­ appropriate, to the requirements of Reg­ extended. All relevant comments received vene the hearing at such time and place ulations II and X, as set forth above. not later than November 16,1973, will be as he shall indicate by announcement at Regulation n, section 3.01(a)(1), is considered. Written comments should be the hearing, designed to attain and maintain both submitted in triplicate to the Office of I. Applicable regulations. Regulation primary and secondary national ambient Air Quality Planning and Standards, En­ n , section 3.01, of the State of West Vir­ air quality standards. Regulation X, vironmental Protection Agency, Research ginia Implementation Plan to Achieve sections 3.01(a)(1) and (b)(1), are de­ Triangle Park, North Carolina 27711, At­ and Maintain Air Quality Standards pro­ signed, respectively,' to attain and main­ tention: Mr. Robert Neligan. vides, in relevant part: tain primary and secondary national ambient air quality standards. Regula­ Dated September 27,1973. 3.01 (a) No person shall cause, suffer, allow, or permit the discharge of particulate matter tion X, sections 3.03(a)(1) and (b), R obert L. S an so m , into the open air from all fuel burning units are designed to maintain secondary na­ Assistant Administrator for located at one plant, measured in terms of tional ambient air quality standards. Air and Water Programs. pounds per hours in excess of the amount The Governor of the State of West determined as follows: Virginia has determined that the utility [FR Doc.73-20938 Filed 10-1-73; 8:45 am] (1) For Type ‘a’ fuel burning units, the product of 0.05 and the total design heat generating stations set forth in the table inputs for such units in million British Ther­ below cannot meet the requirements of TECHNICAL ADVISORY GROUP TO THE mal Units (B.T.U.’s) per hour, provided, how­ the regulation(s) specified in said table MUNICIPAL WASTE WATER SYSTEMS ever, that no more than 1200 pounds per by June 30, 1975, a n d /or June 30, 1978. DIVISION hour of particulate matter shall be discharged As a consequence, he has requested that Notice of Meeting into the open air from "all such units; the Environmental Protection Agency Regulation X, section 3.01, provides, in postpone the effective date of such re­ Pursuant to Pub. L. 92-463 notice is quirements for one year. hereby given that a meeting of the Tech­ relevant part: Utility Generating Station Regulation nical Advisory Group to the Municipal 3.01. Maximum Allowable Emission Rates Waste Water Systems Division will be for Similar Priority I and Priority 11 Regions. Eammer Station, Ohio Power II; X , Sections (a) Not later than June 30, 1975, no per­ Co., Moundsville, W.Va. 3.01(a)(1) held on October 22 and 23, 1973, begin­ and 3.01(b) ning at 8:30 a.m. PDT on October 22, son shall cause, suffer, allow, or permit the discharge of sulfur dioxide into the open air ( 1) at the South Lake Tahoe Public Utilities from all stacks located at one plant, meas­ Mitchell Station, Ohio Power II; X , Sections District, South Lake Tahoe, California. ured in terms of pounds per hour, in ex­ Co., Moundsville, W.Va. 3.01(a)(1) This is a regularly scheduled meeting cess of the amount determined as follows: and 3.01(b) of the Technical Advisory Group. The (1) For Type ‘a’ fuel burning units, the ( 1 ) purpose of the meeting will be to review product of 2.7 and the total design heat in­ Cabin Creek Station, Appala- II programs, technical topics, guidelines puts for such units discharging through those chian Power Co.,' Cabin and regulations for the design, construc­ stacks in million British Thermal Units Creek, W.Va. (B.T.U.’s) per hour. Kanawha River Station, Ap- II tion, operation, and maintenance of Fed­ palachian Power Co., Glas­ erally funded wastewater treatment * * * * * * gow, W.Va. works. (b) Not later than June 30, 1978, no per­ John Amos Plant, Appala- II This meeting will be open to the pub- son shall cause, suffer, allow, or permit the chian Power Co., Poca, lic. Any member of the public wishing discharge of sulfur dioxide into the open air W .V a. to attend, obtain further information, or from all stacks located at one plant measured Harrison Station, Mononga- X , Sections in terms of pounds per. hour, in excess of the hela Power Co., Haywood, 3.03(a)(1) submit pertinent comments, should con­ ' amount determined as follows: W.Va. and 3.03(b) tact the Executive Secretary, Mr. Harold (1) For Type ‘a’ fuel burning units, the Fort Martin Station, Monon- II; X, Sections P. Cahill, Jr., Environmental Protection product of 2.0 and the total design heat in­ gahela Power Co., Maids- 3.03(a) (1) Agency, Office of Water Program Opera­ puts for such units discharging through ville, W.Va. and 3.03(b) tions, Room 1137E, Waterside Mall, 401 those stacks in million B.T.U.’s per hour, II. Requirements of § 110(f) of the M Street SW., Washington, D.C. 20460, provided, however, that no more than 32,000 Clean Air Act (42 U.S.C. § 1857c-5(f)). 202-426-8986. pounds per hour of sulfur dioxide shall be discharged into the open air from all such Under Section 110(f) of the Clean Air Dated September 27,1973. stacks. Act, the Administrator of the Environ­ mental Protection Agency may not grant R obert L. S an so m , Regulation X, section 3.03, provides, a postponement such as the one being Assistant Administrator for in relevant part: Air and Water Programs. requested by the Governor of the State 3.03. Maximum Allowable Emission Rates of West Virginia unless the Administra­ [FR Doc.73-20937 Filed 1 0-l-73 ;8 :45 am] for Similar Units In All Priority 111 Regions, tor determines that the four statutory Except Region IV. requirements of §§ 110(f) (1) (A)-(D ) of (a) Not later than June 30, 1975, no per­ the Clean Air Act have been met. Under WEST VIRGINIA AIR QUALITY PLAN son shall cause, suffer, allow, or permit the Section 110(f) (2) of the Clean Air Act, Notice of Public Hearing discharge of sulfur dioxide into the open air from all stacks located at one plant, meas­ the Administrator’s determination must Notice is hereby given that, pursuant ured in terms of pounds per day, in excess be based on the record of a public hear­ to the provisions of sections 110(f) (1), of the amount determined as follows: ing such as the one provided for by this (2) of the Clean Air Act, a public hearing (1) For Type ‘a’ fuel burning units, the notice. As applied to the seven utility will be held on November 12, 1973, be­ product of 3.2 and the total design heat in­ generating stations listed above, the four puts for such units discharging through requirements of Sections 110(f)(1)(A )- ginning at 9:30 a.m. local time for the those stacks in million B.T.U.’s per hour. purpose of determining whether the re­ (D) of the Clean Air Act are as follows: * * * * • s> * quirements of Regulation II and Regu­ (1) Good faith efforts have been made by (b) Not later than June 30, 1978, the re­ the generating stations set forth above to lation X of the State of West Virginia quirements of Sub-Section 3.01(b) shall comply with the provisions of Regulation II Implementation Plan to Achieve and apply to all Type ‘a’ * * * fuel burning and/or X by the appropriate dates. units. Maintain Air Quality Standards, as said (2) The generating stations set forth above regulations apply to those seven utility Type ‘a’ fuel burning units, as defined are unable to comply with the provisions of generating stations set forth below, in Regulation H and Regulation X, are Regulation II and/or X, because the neces­ should be postponed for a period not to those which have, as their primary pur­ sary technology or other alternative methods

FEDERAL REGISTER, VOL. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 27320 NOTICES

of control are not available or have not been meet the requirements of Regulation II available for a sufficient period of time. Persons who do not wish to be made (3) During the pendency of any postpone­ at its John Amos Plant should be granted a party to the hearing but-who, never­ ment which is granted, the generating sta­ because good faith efforts have been theless, wish to make an oral statement, tions set forth above will employ (or have shown by meeting the less stringent re­ at the hearing may do so by submitting already employed) any available operating quirements of West Virginia’s prior Reg­ a request to the Regional Hearing Clerk procedures and interim control measures ca­ ulation n . at any time prior to the commencement pable of reducing the impact of the generat­ The Monongahela Power Company of the hearing. Requests to make an oral ing stations’ emissions on public health. claims that it cannot comply with the statement will be routinely granted. Per­ (4) The continued operations of -the gen­ June 30, 1975, requirements o f Regula­ sons making such statements will be open erating stations set forth above during the tion X, section 3.03(a)(1), and the period of time provided by the postponement to questions at the hearing. is essential to the national security or to the June 30, 1978, requirements o f Regu­ Persons wishing additional informa­ public health or welfare of the community. lation X, section 3.03(b), at its Harrison tion should direct all inquiries to the Re­ Station because of the unavailability of III. Reasons for Requested Postpone­ gional Hearing Clerk at the address spec­ sulfur oxide control equipment. It fur­ ified above or by calling Area Code 215- ments. The following is a brief summary ther claims that if low sulfur content 597-9841. of some of the reasons offered by the coal is to be used, additional time may be seven utility generating stations as necessary to develop new West Virginia Dated September 25,1973. grounds for the postponements being fuel sources. J o h n Q uarles, requested. The statements contained in The Monqngahela Power Company Acting Administrator. these summaries are for informational claims that its Port Martin Station can­ purposes only and should not, in any way, not met the June 30, 1975, requirements [PR Doc.73-20939 Filed 1 0-l-73;8:45 am] be regarded as binding on any of the of Regulation X, section 3.03(a) (1), and parties to the scheduled hearing. the June 30,1978, requirements of Regu­ FEDERAL COMMUNICATIONS The Ohio Power Company claims that lation X, section 3.03(b), because sulfur COMMISSION the Kammer Station cannot comply with oxide control equipment is unavailable. the June 30,1975, compliance date speci­ If Regulation X ’s requirements are met [Docket No. 18634; FCC 73-965] fied for Regulation X, section 3.01(a) (1) by the use of reduced sulfur content fuel, PACIFICA FOUNDATION and the June 30, 1978, com pliance date the efficiency of existing electrostatic specified for Regulation X, section 3.01 Memorandum Opinion and Order Amending precipitators could be reduced, thus nec­ Issues (b)(1), because of the unavailability of essitating a major retrofit of these pre­ sulfur dioxide control equipment. cipitators. If such a retrofit is necessary, In regards to application of Pacifica The Ohio Power Company further the requirements of Regulation n could Foundation, Washington, D.C., Docket claims that the Kammer Station cannot not be met by June 30, 1975, because of No. 18634, File No. BPED-896, for con­ comply with the requirements of Reg­ the time required for the retrofit. struction permit. ulation n by the June 30, 1975, attain­ IV. Procedural Rules and Public Par­ 1. We have before us the above-refer­ ment date because it is contemplated ticipation. As amended by the rule enced application and the following that a single system of control for both changes published in this F ederal R egis­ pleadings: (a) Petition for Extraordinary particulates and sulfur oxides will be em­ ter, the rules of procedure which will R elief, filed May 7, 1973, by Pacifica ployed and, thus, that the requirements govern the conduct of the public hearing Foundation (Pacifica); Opposition, filed of Regulation n and Regulation X must hereinabove described have been pub­ May 31, 1973, by Chief, Broadcast Bu­ be met simultaneously. lished in the August 15, 1973, F ederal reau? and Reply to opposition, filed The Ohio Power Company claims that R egister at page 22025. Copies of the June 12, 1973, by Pacifica; (b) Pacifica’s the Mitchell Station cannot meet the rules may be obtained by writing to Ms. Application for Review of Review Board’s June 30, 1975, compliance date specified Eileen Glen, Regional Hearing Clerk, Memorandum Opinion and Order,1 add­ for Regulation X, section 3.01(a) (1), and EPA Region HI, Curtis Building, 2nd ing a § 1.65 issue against Pacifica; and the* June 30, 1978, com pliance date spec­ Floor, 6th and Walnut Streets, Philadel­ Opposition to Application for Review, ified for Regulation X, section 3.01(b) (1), phia, Pennsylvania 19106., filed June 12, 1973, by the Chief, Broad­ because of the unavailability of sulfur Persons wishing to submit comments cast Bureau; and (c) the Broadcast Bu­ oxide control equipment. It claims that relating to the subject matter of the reau’s Application for Review of the same it cannot comply with the requirements hearing may do so at any time prior to Review Board Memorandum Opinion and of Regulation n by the June 30, 1975, the commencement of the hearing by fil­ Order, filed June 6, 1973 (38 FR 14882), attainment date because the large size ing five copies of such comments with the denying addition of an unauthorized of the units require additional time for Regional Hearing Clerk at the address transfer of control issue against Pacifica; retrofitting. stated above. All written comments filed Pacifica’s Opposition to this Application The Appalachian Power Company pursuant to this notice will be available for Review, filed June 14, 1973; and the claims that additional time in which to for public inspection at the Office of the Broadcast Bureau’s Reply to opposition, meet the requirements of Regulation II, Regional Hearing Clerk during regular filed June 25, 1973. Also before us is our as amended, is warranted at its Cabin business hours, 8:00 a.m.-4:30 p.m. Order (FCC 73-815), adopted August s, Creek Station because good faith efforts Interested persons wishing to be made 1973, staying the hearing in this pro­ have been shown by its having installed a party to the hearing shall file a request ceeding until October 1, 1973, in order to Control equipment in 1971, to meet the to be made a party With the Regional permit the Commission to consider the less stringent requirements^ West Vir­ Hearing Clerk at the above stated ad­ pleadings referred to above. ginia’s prior Regulation II. In addition, dress. Such request shall contain the 2. We do not think it necessary to set the company is proposing to shut down following information: out the protracted history of this pro­ this facility by July 1,1977. (1) The name and address of the person ceeding or to discuss at length the vo­ The Appalachian Power Company making the request (the requester); luminous pleadings which are before us. claims that additional time in which to (2) The interest of the requester; Suffice it to say that Pacifica’s application meet the requirements of Regulation n, (3) The identity of all persons whom the for a permit for a noncommercial edu­ as amended, is warranted at its Kana­ requester represents; cational FM station in Washington, D.C., wha River Station because the com­ ' (4) A statement expressing with particu­ was designated for hearing, along with a pany has exhibited good faith by retro­ larity the position of the requester on the fitting its plant in June and November matters to be considered at the hearing. mutually exclusive application for the same facilities, in 1969. Pacifica Founda­ o f 1969 to meet the lesfc stringent re­ All information accompanying any re­ quirements of West Virginia’s prior quest to be made a party shall be avail­ tion, 24 F.C.C. 2d 223,. The competing Regulation n . able for public inspection at the Office The Appalachian Power Company of the Regional Hearing Clerk during 1 Pacifica Foundation, 41 F.C.C. 2d 71 claims that additional time in which to normal business hours. (1973).

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 NOTICES 27321 application was dismissed on Febru­ solved, and the hearing shall resume at in response to RFP 800, Second Cycle, ary 25, 1972, with the result Pacifica’s such date as the Presiding Judge orders. each carrier’s cargo unit costs should be application is no longer in a compara­ Adopted September 19, 1973. determined on the basis of the actual tive posture. number of cargo units carried as pro­ 3. The gist of Pacfica’s petition for ex­ Released September 26,1973. vided in § 549.5(b) (2). traordinary relief is that the parameters F ederal C ommunications By the Commission. of the hearing are boundless under Issue C o m m is s io n / 1 of the Designation Order,2 as evidenced [ seal] F rancis C. H u r n e y , [ seal] V in c e n t J. M u l l in s, Secretary. by the first two days of the hearing. Con­ Acting Secretary. [FR Doc.73-20926 Filed 1 0-l-73;8:45 am] tending that Issue 1 violates the particu­ [FR Doc.73-20917 Filed 10-1-73:8:45 am] larity requirements of section 309(e) of the Communications Act, Pacifica first FEDERAL MARITIME COMMISSION [No. 73-56] requests that the qualifications issue be [General Order 29] NON VESSEL OPERATING COMMON CAR­ reformulated in order to comply with sec­ RIERS IN DOMESTIC OFFSHORE TRADES CRITERIA FOR ESTABLISHING LEVEL OF tion 309(e). Contending next that refor­ MILITARY RATES Enlargement of Time mulation of the qualification issue in ac­ Test Period and Utilization Factors To Be Upon request of Movers’ and Ware­ cordance with section 309(e) will obviate Used for Certifying Bids housemen’s Association of America, Inc., the need for further hearings, Pacifica and good cause appearing, time for com­ On November 28,1972, the Commission then requests that its application be pleting the filing schedule in this pro­ promulgated General Order 29 which ceeding is enlarged as follows: granted without hearing. established a minimum standard rate 4. We are persuaded that Issue 1 of level pursuant to section 18(b) (5) of 1. Affidavits of fact and memoranda of law shall be filed by respondents and served upon the Designation Order should be deleted. the Shipping Act, 1916, and prescribed all parties no later than close of business On the record before us (which includes detailed accounting methodologies to be November 9, 1973. employed by carriers who were required evidence respecting Pacifica’s legal quali­ 2. Reply affidavits and memoranda shall be to certify to the Commission that their filed by the Commission’s Bureau of Hearing fications and an amendment respecting ''rates meet the criteria and standards Counsel and interveners, if any, no later than Pacifica’s financing plan under the Ul­ enunciated by the Commission. close of business November 26, 1973. travision standard), we find that Pacifica In preparing their certifications under By the Commission. is legally, financially and technically RFP 700, Second Cycle, carriers were re­ [ seal] F rancis C. H u r n e y , qualified to construct and operate the quired, pursuant to 46 CFR 549.5(a) (1) Secretary. proposed station. Accordingly, further in­ to utilize actual cost experience for the 12-month period ending with the close [FR Doc.73-20927 Filed 10-1-73:8:45 am] quiry into these aspects of Pacifica’s of the previous RFP cycle, i.e., July 1, qualifications is not necessary. 1971, to June 30, 1972. Any adjustments 5. However, we are not persuaded that UNITED STATES GULF/JAPAN COTTON or changes to reported cost data were POOL a grant without hearing is in order, in required to be based upon actual costs light of the ex parte and § 1.65 issues changes experienced after the close of Notice of Agreement Filed the previous RFP cycle and prior to the Notice is hereby given that the follow­ added by the Review Board.8 bid submission date, 46 CFR 549.5(a) (2). 6. Accordingly, it is ordered, That, the ing agreement has been filed with the This is to advise all carriers subject to Commission for approval pursuant to petition for extraordinary relief is General Order 29 that pursuant to 46 section 15 of the Shipping Act, 1916, as granted to the extent indicated, and CFR 549.5(a) (1) (2) the applicable test amended (39 Stat. 733, 75 Stat. 763 (46 denied in all other respects. period and period in which adjustments U.S.C. 814)). 7. It is further ordered, That, Issue 1 or changes may be reported for certify­ Interested parties may inspect and ob­ ing bids tendered under RFP 800, Second tain a copy of the agreement at the of the Designation Order is hereby de­ Cycle, will be July 1, 1972, to June 30, leted, and further hearings in this pro­ Washington office of the Federal Mari­ 1973, and July 1, 1973, to October 18, time Commission, 1405 I Street NW., ceeding shall be limited to the two re­ 1973 respectively. Room 1015; or may inspect the agree­ maining issues hereinbefore noted. In General Order 29 the Commission ment at the Field Offices located at New 8. It is further ordered, That, (a) the also announced that at least 30 days York, N.Y., New Orleans, Louisiana, and application for review, filed by Pacifica prior to the bidding date for any future San Francisco, California. Comments on RFP cycle, the Commission would estab­ such agreements, including requests for Foundation, seeking review of the Re­ lish a uniform capacity utilization fac­ view Board’s Memorandum Opinion and hearing, may be submitted to the ¡Secre­ tor for each MSC trade route to be em­ tary, Federal Maritime Commission, Order specifying a § 1.65 issue against ployed by all carriers in that trade in W ashington, D.C. 20573, on or before Pacifica, and (b) the application for re­ arriving at their cargo unit costs, 46 October 22, 1973, Any person desiring a view, filed by the Broadcast Bureau, seek­ CFR 549.5(b)(1). hearing on the proposed agreement shall ing review of the same Memorandum Since the Commission has not been provide a clear and concise statement of Opinion and Order, denying addition of able to establish these factors as yet for the matters upon which they desire to an unauthorized transfer-of-control the many trade routes involved, the Com­ adduce evidence. An allegation of dis­ mission believes that § 549.5(b) (1) of crimination or unfairness shall be ac­ issue against Pacifica, are denied. General Order 29 requiring the use of the companied by a statement describing the 9. It is further ordered, That, the stay factor should be suspended pending the discrimination or unfairness with par­ of the hearings heretofore ordered, is dis- ticularity. If a violation of the Act or determination of the factors. Accord­ detriment to the commerce of the United ingly, for the purpose of certifying bids States is alleged, the statement shall set 2 Issue 1 is as follows: “To determine the legal, financial, technical, and other quali­ forth with particularity the acts and cir­ fications of Pacifica Foundation to construct « Commissioner Robert E. Lee absent: Com­ cumstances said to constitute such vio­ and operate the proposed non-commercial missioners Johnson and Hooks concurring in lation or detriment to commerce. educational FM station.” part and dissenting in part and Issuing state­ A copy of any such statement should 3 Pacifica Foundation, 25 F.C.C. 2d 787 ments; Commissioner Johnson’s statement to (1970) and Pacifica Foundation, 41 F.C.C. be released at a later date’ Commissioner also be forwarded to the party filing the 2d 71 (1973). Wiley concurring in the result. agreement (as Indicated hereinafter)

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 No. 190----- 7 27322 NOTICES

and the statement should indicate that Certifi­ Certifi­ this has been done. cate No. Owner/Operator and Vessels cate No. Owner/Operator and Vessels 02190— Bugsier, Reederei-Und Bergungs- 05539— Westgate Terminals, Inc.: Carol S, Notice of agreement filed by: Aktiengesellschaft: Wotan, Sim- Maria Elena. Elkan Turk, Jr., Esq. son. 05577— Far-Eastern Shipping Company: Burlingham Underwood & Lord 02332— Lykes Bros. Steamship Co., Inc.: Erevan. 25 Broadway LY—203, LY—204, LY-205, L Y - 05579— Black Sea Shipping Company: New York, N.Y. 10004 206, LY—207, LY-208, LY-209, Yalta, Yakhroma, Zoya Kosmo­ LY—210, LY—211. demyanskaya, Suez. Agreement No. 8682-10, has been en­ 02494— Simms Bros. Towing Company, 05635— Mr. Masanori Yoshinoya: Chiyoda tered into by the American Companies Inc.: Simms No. 5. Maru No. 2. and the Japanese Companies, the car­ 02558— American Condor Steamship 05792— Korea Wonyang Fisheries Co., Ltd.: riers comprising the membership of the Corp.: Moon. No. 1 Korafn, No. 2 Koram, No. 3 United States Gulf/Japan Cotton Pool, 02728— Société Ivoirienne De Transport Koram. Maritime: Tabou, Agon, Moos- 06144___ Compania de Navegacion “Gloria to modify the terms and conditions of sou. Maris” S.A.: Gloria Maris. that pool arrangement by (1) incorpo­ 02831 — Ednasa Company Limited: Lynda. 06391___ Saint Croix Compania Naviera S.A. rating new provisions governing adjust­ 02877— Nippon Yusen Kabushiki Kaisha: of Panama: Nicos I Vardinoyan- ments between the carriers in case of Hyogo Maru. nis. the overcarriage or undercarriage of cot­ 02929— Soflumar-Societe D ’Armement 06487___ Naviera Ason S.A.: Jose Maria Ra­ ton; (2) providing for the withdrawal Fluvial & Maritime: Port Anna, mon, Elena de Perez. of States Marine Lines from pool mem­ Port Lazo. 06494.__ Great West Towing & Salvage bership, and the revision of minimum 02958— Kawasaki Kisen K. K.: Harmony Ltd.: Samarinda, Great West Venture. No. 2. sailing requirements and the percentage 02976— Arthur-Smith Corporation: C & H 06570— Kristian Jebsen (U.K.) Limited: of participation for Lykes Bros. Steam­ 104. Swiftnes. ship Co., Inc. and Waterman Steam­ 03077— Bulk Food Carriers, Inc.: Molly F, 07019— Allied Shipping International Cor­ ship Corporation, the remaining Ameri­ El Morro. poration: Kyma, Alkeos, Ariston. can Companies under the pool; and (3) 03276— Universe Tankships, Inc.: Uni­ 07328— New England Fish Company: G. W. adding a new provision under Article 23 verse Burmah. King, Smokwa. setting forth procedures for the arbitra­ 03294— Companhia De Navegacao Lloyd 07366— Compagnie Maritime Des Char- Brasileiro: Lloyd Bras. geurs Reunis: Medorfea, Sur- tion of matters arising out of the pool 03413___ Baba-Daiko Shosen K. K.: Hag- couf, Bougainville, Joinville, operations which the carriers are un­ urosan Maru. Kerguelen, Tourville, Norbella, able to resolve among themselves. By 03420— Dainichi Kaiun Kabushiki Kaisha: Norlanda, Ango, Dupleix, To­ Order of the Federal Maritime Commis­ Akaishi Maru, Naruto Maru. bago, Capraia. sion. 03447— K. K. Kyokuyo: Ryoun Maru No. 07419— Naviera- Mercurio S.A.: Crystal 5, Ryoun Maru No. 7. Cherry. Dated September 26,1973. 03505— Showa Yusen Kabushiki Kaisha: 07527— Korea Line, Corporation: Holly­ Gloria Maru. hock. F rancis C. H tjrney, 03520— Tokyo Shosen K. K.: Hakubasan 07550— Erato Shipping Inc.: Halo. Secretary. Maru. 07772— Great Eastern Maritime Co., Ltd.: [FR Doc.73-20928 Filed 10-1-73; 8:45 am] 04002___ Compagnie Des Messageries Mari­ Lavander. times: Licorne Atlantique. 07806— Lunamarin S.A. Panama: Samos 04011___ Haverton Shipping Limited: Orli. Island. 04019— 07808— CERTIFICATES OF FINANCIAL Nord-Transport Strandheim & Fleet Towing Co., Inc.: Invader. Stensaker: Hansa. 07818— Scardana Compania de Navegacion RESPONSIBILITY (OIL POLLUTION) 04039— Parker Brothers & Co., Inc.: Rock S.A.: Cape Strovili. Notice of Certificates Issued Island 1. 07822— Stellar Marine Ltd.: Nancy Mi­ 04087— Merichem Company: Mer-3, Mer-4. chaels. Notice is hereby given that the follow­ 04113— Mon River Towing, Inc.: Mrbl 12. 07891— Angelakis Compania Naviera S.A.: ing vessel owners and/or operators have 04125— Atlantic Towing Limited: Irving Aghia Marine. established evidence of financial respon­ Miami. 07892- __ Toplou Compania Naviera S.A.: sibility, with respect to the vessels indi­ 04126___ Jugoslavenska Linijska Plovidba, Mattna. cated, as required by section 311 (p) (1) Rijeka: Lovcen. 07918— Areti Compania Naviera S.A.: of the Federal Water Pollution Control 04161— A & S Transportation Co.: Lisa. Areti. Act, as amended, and, accordingly, have 04226___ National Marine Service, Incor­ 07923— Chantal Shipping Company Lim­ porated: N.M.S. No..1902, N.M.S. ited: Felicie. been issued Federal Maritime Commis­ No. 1453, N.M.S. No. 1454. 07934— Ship Operators of Florida, Inc.: sion Certificates of Financial Respon­ 04386— Maritime Company of the Philip­ Rosa, Clelia. sibility (Oil Pollution) pursuant to Part pines: Cabo San Agustin. 07947— Heiner Braasch Kauffahrtei Ree- 542 of Title 46 CFR. 04469— Choshomaru Gyogyo K.K.: Chos- derel Gesellschaft Ms Hambur­ homaru No. 18. ger Wappen K G : Hamburger Certifi­ Wappen. cate No. Owner/Operator and Vessels 04573___ S.A. Pesquera Industrial Gallega: Ana Maria Barreras. 07968— Traders Navigation Corporation: 01053__i Orvigs Dampski bsselskap A /S : 04623___ Seaspan International Ltd.: Sea- Andros Mentor. Bow Alecto. span 930. 08001— Compagnie Meridionale de Navi­ 01318___ Aug. Bolten, Wm. Miller’s 04625___ American Commercial Lines, Inc.: gation: Capitaine Nemo. Nachfolger: Baucis. Carl Shelton. 08048— Andros Trading Ltd.: Konstanti- 01707___ O. Ditlev-Simonsen Jr.: Robert 04767___ Texaco, Inc. : Texaco Barge 808. nos G. Chimples. Stove. 05003— Wisconsin Barge Line, Inc.: Wis­ 08056— Cape Breton Shipping Company 01861— BP Tanker Company Limited: consin. Limited: Viva. British Esk, British Tweed, Brit­ 08104— Cougar Shipping Inc.: Regal Star. 05007___ Northern Transportation Company ish Forth, British Progress. 08106— Taisei Kaiun Kabushiki Kaisha: 01889— Gazocean Armement: Gay Lussac. Limited: NT 1509, NT 1510, Hoyu Maru. 01904___ Waterman Steamship Corpora­ NT 1511, NT 1512, NT 1513, 08110— Marreina Compania Naviera S.A.: tion: Thomas Lynch. NT 1515, NT 1516, NT 1517, Sifnos. 01935-,_ Partnership Between Steamship NT 1518, NT 1519, NT 1520, 08149-;__ Epidavros Shipping Co. Ltd.: Mas­ Company Svendborg Ltd. and NT 1521, NT 1522, NT 1523, sillon. Steamship Company 1912 Ltd.: NT 1524, NT 1525, NT 1527, 08151 ______Carasco Navigation Company Lim­ Gudrun Maersk. NT 1528. ited: Saronic. 02038___ Folskie Linie Oceaniczne: Pekin. 05037— Meandros Shipping Development 08152 ______Panther Shipping Inc.: Regal Sea. 02163___ Rederiet “Ocean” A /S Copen­ _ Corp., Special Shipping S.A.: 08164___ Vrontados Compania Naviera S.A.: hagen: Philippa. Kotsos M. Silja Dan, Samoan Reefer. 05278___ Twin City Barge & Towing Co.: 08178___ Korthian Maritime Co. Inc.: Jane 02167___ Sartor! & Berger: Carmen. Ellis 2007. Iota.

FEDERAL REGISTER, VOL. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 NOTICES 27323

Certifi■» CERTIFICATES OF FINANCIAL Certifi­ cate No. Owner/Operator and Vessels RESPONSIBILITY (OIL POLLUTION) cate No. Owner/Operator and Vessels 08180__ Margala Shipping & Trading Corp., 03357___ Kirno Hill Corporation: Acquar- Monrovia: Kero. Notice of Certificates Revoked ius, Mabruk. 08182 _ Bom Shipping Co. Ltd.: Lido. Notice of voluntary revocation is 03457___ Masumoto Kaiun Sanglyo K.K.: 08183 _ Si. Ta. Siciliana Tanker S.P.A.: hereby given with respect to Certificates Daiho Maru. Erminia Prima. of Financial Responsibility (Oil Pollu­ 03476___ Nissin Kisen K .K .: Japan Plum. 08190__ Adolescent Shipping S.A.: Adoles­ tion) which had been issued by the Fed­ 03484___ Sanko Kisen K.K.: Tanba Maru. cent. 03499— El-Yam Bulk Carriers (1967). Ltd.: 08205-_Seahope Shipping Corporation: eral Maritime Commission, covering the Har Boker, Har Bashan. Tillmar. below-indicated vessels, pursuant to Part 03501,___ Osaka Shosen Mitsui Senpaku 08251___ Monterey Shipping Corporation: 542 o f Title 46 CFR and section 311(p) K .K .: Momijisan Maru, Musa- Stolt Span. (1) of the Federal Water Pollution Con­ shisan Maru. 08255__ Veb Deutsche Seereederei: Rade- trol Act, as amended. 03515___ Tofuko Kisen K.K.: Ryuyo Maru. berg. 03527___ Yae Senpaku K.K.: Naruto Maru. Certificate No. Owner/Operator and Vessels 08265-_Mr. Kornelis Drent: Anna Drent. 03550— Interessentskapet Eskimo: Essi 08289__ River Towing Incorporated: 01052___ Concord Line A /S : Sylvia Cord. Gina. Rangely. 01077— H. M. Wrangell & Co. A /S : Hoi 03617— Toko Senpaku K.K.: Shoyo Maru. 08293—_ Pyrgi Chios Shipping Company W ong. 03772— Nauta Corporation: Neddy. Ltd.: Tortugas. 01172___ H. Clarkson and Company Lim­ 03815— Oceanic Shipping Corporation: 08295 _ Franicons Compañía Naviera S.A.: ited: Baknes, Swiftnes. Oceanic. Good Luck, Good Hope. 01191___ Leif Erichsens Rederi A /S & D /S 04033— The Oceanic Freighters Corp. Mon­ 08296 _ Lykomedis Compañía Marítima A/S Forto: Ganja. rovia: Padus. S.A.: Lykomedis. 01287___ Knohr & Burchard NFL: Dalbek, 04040— Half dan Ditlev Simonsen & Co.: 08297 __- Golden Independence Steamship R einbek. Vincita. Inc.: Golden Evagelistra. 01306— Shaw Savill & Albion Company 04051— Amazon Shipping Corporation: 08298--- York Navigation Corporation: Limited: Cym ric. Montana. Grand York. 01318___ Aug. Bolten, Wm. Miller’s Nach­ 04106— Universal Mariners S.A.: Palona. 08300-— Yellow Trust Corporation-Pan­ folger: Alice Bolten. 04162___ Wright Towing Co., Inc.: ama: Bulk Mariner. 01425___ Johnston Warren Lines Limited: W-17, W—8. 08303__ Marico Shipping Limited: Idan, Rowanm ore. 04356— Pacific Far East Line Inc.: Mauritius, Yani. 01490___; Knight Shipping Co. Ltd.: Atlantic America Bear. 08308 _ Raphael D. Melachrinos and Sons: K n igh t. 04451___ Venus International Corporation: Raphael M. 01527___ Cia Carreto De Navegacion S.A.: Venus Challenger. 08309 ______Atlantic Research Limited: Ban­ L ucy. 04560— Constants Limited: Susan Con­ gor Bay. 01575___ Rederiaktieselskapet Mascot: Brit­ stant. 08310 __- Universal Seaways Private Lim­ ta. 04612___ OJP. Shearer & Sons, Inc.: James ited: Universal King. 01641___ The Bank Line Limited: Cedar- K. Ellis, Fort Dearborn, Win­ 08313__ Nomess (Bulkcarriers) Limited: bank, Crestbank. chester, OK. Shearer, Oliver C. Naess Patroit. 01707 ______O. Ditlev-Slmonsen Jt.: Vesteroy. Shearer, Lelia C. Shearer. 08317__ South East Asia Shipping Com­ 01708 ______Benedict Shipping Corporation:04660___ Sociedade Geral De Comercio, In - pany Private Limited: Mahabir. Cape Horn. dustria E Transportes Sari: 08319_- Captain Hans Beilken: Nautic. 01709 ______Capoverde Compania Naviera: Cunene. 08321__ Lapatho Shipping Company S.A. Capoverde. 04803___ Brent Towing Co., Inc.: Levi. Panama: Stolt Pioneer. 01755___ Hugo Stinnes Zweigniederlassung 04886___ Fertilia S.P.A. Compagnia Di Navi- 08322— Navisud S.P.A.: Egnazia. Hamburg: Volta Vision. gazione: Cinzia O’Amato. 01825___ Gustav Droehse: Dovnsklint. 04889___ 08323— Marifran: Ceibo. Cory Brothers & Co. (Italy) Ltd.: 08324— Skagstrendingur H.P.: Arnar. 01904-__Waterman Steamship Corpora­ Mayrose. 08325 _ Alhaimo Shipping Company S.A.: tion: Noonday. 04941— Olau-Line Ltd.: Cap Melville. 01935___ Interessentskab Meilern Aktie- 05004___ Galaxy. Flowers Transportation Inc.: selskabet Dampskibsselskabet 08326 _ Shikoku Tanker Co., Ltd.: Marí­ Glenda S. Svendborg & Dampskibssels­ 05074— neles. Pehrson & Wessel: Booker Vali- kabet AF 1912 Adtieselskab: 08327- . . Kathy Marina S.A.: Cynthlema. ance. 08328— Corporación Venezolana Del Petró­ Arthur Maersk. 05474___ Creon Compania Naviera S /A : 01989___ Erik Thun Aktiebolag: Alice. leo: Independencia I. Aeolos. 02142___ Archimedes Shipping Co. Ltd.: 05475— 08331 _ Beacons Navigation S.A.: Beacons. Maraguila Compania Naviera S.A.: Archigetis. Achaios. 08332 __- Trident Seafoods Corporation:02178 ______Globtik Tankers Overseas Limited: Billikin. 05614— Herlof Andersehs Rederi A /S : Her- Globtik Sun. land. 08333-_Harry Tanker Corporation: Clem­ 02179 ______Globtik Tankers International05746— Campanella Corporation: James­ entina. 08335 _ Rederiet for T/T “Sea Scout” : Limited: Tundra Breeze. town. 02185___ Trinidad Corporation: Lyons 05874— Sonoda Kisen K.K.: Itohamumaru Sea Scout. Creek. .. 08336 _ Bottacchi S.A. De Navegación No. 1. 02193 ______Erling Hansen: 05957Randal.___ Pollux Shipping Corporation: Pol­ C.F.I.I.: Punta Beagle. 02194 ______Compagnie Generale Transtlan- 08337 _ Oredian Maritime Navigation Co., lux. tique: Desirade. 06041___ Parten-Reederei MS “Max Sieg- Ltd.: Marichance. 08338 _ Marifoam Shipping Company Lim­ 02338___ Central Gulf Steamship Corp.: hold” : Max Sieghold. 06115— Cosatmar S.P.A. — Compagnia ited: Maripatrol. Green Ridge. 02475___ Houston Barge Lines, Inc.: Sarda Trasporti Marittimi: Mar- 08339 _ Mariluck Maritime Co., Limited: ilen. Marüuck. GTC—10, GTC—11. 02492___ Interstate Oil Transport Co.: 06184___ First Silver Cloud Shipping Inc.: 08340 _ Oceania Shipping Corporation: Silver Cloud. Alexis. Ocean 86. 08341 _ Ionia Shipping Corporation: Irene 02496___ United States Steel Corporation: 06317___ Heiner Braasch Schiffahrts-Gesell- G. PRR .558, PRR 552, PRR 511, schaft MS “Hamburger Wall” 08345 __^ Sirius Shipping Company, Inc.: NH 69B, NH 695, Gates No. 285, Komanditgesellschaft: Hambur­ San Moritz. Penn Central 663, Penn Central ger Wall. 08346 _ Utah Towing, Inc.: Bluebird. 665, Penn Central 666, Redding 06391— Saint Croix Compania Naviera 08347 _ F.A.M. Flota Argentina Mineralera Co. No. 17, Redding Co. No. 22. S.A. of Panama: Gold Star. S.A. De Navegación C.I.F.MX: 02547___ Sociedad Martima San Nicolas 06435___ Damp Den Norske Afrika-Og Punta Indio. S.A.: Eurydamas. Austrailielinie, Wilhelmsens 08348 _ Novelda Soc. Anónima Ltda: 02694___ Mistras Compania Naviera S.A.: Damp. A /S Tonsberg, A /S Tank- - Punta Lobos. M yconos. fart I, IV, V, and VI:- Tampa, Tennessee. 08357__ Nea Armonía Shipping Company 02870___ Isthmian Lines, Inc.: Sa of Panama: Armonía. Steel Advocate, Steel King, Steel 06438— Skips A/S Tudor: Tuareg. By the Commission. Voyager. 06451— Cities Service Oil Company, a Del­ 03021___ Madison Shipping Corporation: aware Corporation: Cities Serv­ F rancis C. Hurney, Madison Friendship. ice No. 1. Secretary. 03172__- Saint Spyridon Maritime Com­ 06463___ Plym Shipping Co. Ltd.: Plym. [FR Doc.73-20925 Filed 10-l-73;8:45 am] pany Ltd.: Tarseus. 06547___ Kyknos Shipping Co. Ltd.: Sandra.

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 27324 NOTICES

Certifi­ SMALL BUSINESS ADMINISTRATION A copy of this notice shall be published' cate No. Owner/Operator and Vessels in a newspaper of general circulation in 06557.__ Salinas De Pacifico, S.A.: Santa [License Application No. 06/06-5166] Houston, Texas. Teresa. MEDICAL CENTER VENTURE CAPITAL, 06648.__ Dietrich Sander Bereederungs INC, Dated September 21,1973. GMBH: Kalkgrund. Application for License as a Small Business James T h o m as Ph el an , 06698— Matthew Shipping Co. Ltd.: Tor- Investment Company Deputy Associate Administrator tug as. for Investment. An application for a license to operate 06728_- Scientist Shipping Corp. of Mon­ as a small business investment company [FR Doc.73-20870 Filed 10-l-73;8:45 am] rovia: Oinoussian Scientist. under the- provisions of section 301(d) 0 6 1 3 9 --. Laomedon Shipping Co. Ltd.: of the Small Business Investment Act FEDERAL POWER COMMISSION Windjammer. of 1958, as amended (15 U.S.C. 661 et [Docket No. RI74-38] 06818— Globus-Reederei GMBH Hamburg: seq.), has been filed by Medical Center Concordia land, Kaapland, Ko- Venture Capital, Inc. (applicant), with AMERADA HESS CORP. m atiland. the Small Business Administration Order Providing for Hearing on and Sus­ 06827.._ Partenreederei Hamburger Michel (SBA) pursuant to 13 CFR 107.102 pension of Proposed Change in Rate, Hamburg: Hamburger Michel. (1973). and Allowing Rate Change To Become 06903— Sun Shipbuilding and Dry Dock The officers and directors of the ap­ Effective Subject to Refund Company: Lurline. plicant are as follows: S eptember 21, 1973. 07027— Iberhansa Maritima, S.A.: H is- Douglas L. McKinna, Jr., 126 Willowend, Respondent has filed a proposed change pania. Houston, Tex. 77024, President, Chairman of the Board. in rate and charge for the jurisdictional 07092— Angelina Towing Corporation: sale of natural gas, as set forth in Ap­ Ellis 2121, Ellis 2123. Foster A. Taylor, 608 Hawthorne, Houston, Tex. 77005, Vice President, Secretary. pendix A below. 07356— Williams-McWilliams Co.: Hydro Don A. Sanders, 3718 Locke Lane, Houston, The proposed changed rate and charge Atlantic. Tex. 77027, Vice President, Treasurer. may be unjust, unreasonable, unduly dis­ 07368— Lake Charles Towing Co., Inc.: criminatory, or preferential, or other­ LCT 55, LCT 54, LCT 15, LCT 16. The applicant, a Texas corporation with its principal place of business at wise unlawful. 07404— Hanseatic Shipmanagement Ltd.: 6900 Fannin Street, Houston, Texas The Commission finds Lissy Schulte. 77025, will begin operations with $500,000 07567— Ikuchi Kaiun Company Limited: It is in the public interest and consist­ of paid-in capital and paid-in surplus ent with the Natural Gas Act that the Shinko Maru. derived from the sale of 980 shares of Commission enter upon a hearing re­ 07986-.- Navifor, Incorporated: Navifor II. common stock to the Medical Center garding the lawfulness of the proposed By the Commission. Bank, 6631 South Main Street, Houston, change, and that the supplement herein Texas 77025, and 1020 shares to seven be suspended and its use be deferred as F rancis C. H u r n e y , individuals, none of whom will own 10 ordered below. Secretary. percent or more of applicant’s stock. Applicant will not concentrate its in­ The Commission orders [FR Doc.73-20924 Filed 10-l-73;8:45 am] vestments in any particular industry. As (A) Under the Natural Gas Act, par­ an applicant for a license pursuant to ticularly sections 4 and 15, the regula­ section 301(d) of the Small Business In­ tions pertaining thereto (18 CFR Ch. I), GENERAL SERVICES vestment Act of 1958, as amended, its and the Commission’s rules of practice ADMINISTRATION investments will be made solely in small and procedure, a public hearing shall be held concerning the lawfulness of the REGIONAL PUBLIC ADVISORY PANEL ON business concerns which will contribute to a well-balanced national economy by proposed change. ARCHITECTURAL AND ENGINEERING (B) Pending hearing and decision SERVICES facilitating ownership in such concerns by persons whose participation in the thereon, the rate supplement herein is Notice of Meeting free enterprise system is hampered be­ suspended and its use deferred until cause of social or economic disadvan­ date shown in the “Date Suspended Pursuant to Pub. L. 92-463, notice is tages. Until” column. This supplement shall hereby given of a meeting of the Regional Matters involved in SBA’s considera­ become effective, subject to refund, as of Public Advisory Panel on Architectural tion of the applicant include the general the expiration of the suspension period and Engineering Services, October 4 and business reputation and character of the without any further action by the Re­ 5,1973, from 9:30 a.m. to 4:00 p.m., Room proposed owners and management, and spondent or by the Commission. Re­ spondent shall comply with the refund­ 6A22, Federal Building,,819 Taylor Street, the probability of successful operation of the applicant under their management, ing procedure required by the Natural Fort Worth, Texas. This meeting will be including adequate profitability and fi­ Gas Act and § 154.102 o f the regulations for the purpose of considering Architect- nancial soundness, in accordance with thereunder. Engineering firms to provide design serv­ the Small Business Investment Act and (C) . Unless otherwise ordered by the ices for the proposed new Border Station the SBA Rules and Regulations. Commission; neither the suspended sup­ facility in Laredo, Texas. Any person may, on or before October plement, nor the rate schedule sought to be altered, shall be changed until dispo­ The meeting will be closed to the pub­ 16, 1973, submit to SBA written com ­ ments on the proposed licensee. Any such sition of this proceeding or expiration of lic in accordance with the provisions set communication should be addressed to the suspension period, whichever is forth in section l(Kd) of Pub. L, 92-463. the Deputy Associate Administrator for earlier. Ja y H . B olton , Investment, Small Business Administra­ By the Commission. Regional Administrator. tion, 1441 L Street NW., Washington, [ seal] K en neth F. P l u m b , [FR Doc.73-20894 Filed 10-1-73:8:45 am] D.C. 20416. Secretary.

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 NOTICES 27325

A ppendix A

Cents per Mcf* Rate in Rate Sup­ Amount Effective effect sub­ Docket Respondent sched­ ple­ Purchaser and producing area of Date date suspended Rate in Proposed ject to No. ule ment annual filing unless until— effect increased refund in No. No. increase tendered suspended rate docket• No.

RI74-38... Amerada Hess Corp...... 95 10 Montana-Dakota Utilities Co. $306,797 8-24-73 . 2-24-74 24.1450 27.3452 RI73-207. (Nesson Anticline Area, Wil­ liams County, N. Dak., Mon­ tana-Dakota Subarea).

♦The pressure base is 14.73 psia. The proposed rate increase is suspended for five months since it exceeds the applicable ceiling rate established in Opinion No. 658. [FR Doc.73-20883 Filed 10-1-73:8:45 am]

[Docket No. CP74-67] tion to intervene in accordance with the [Docket No. CI65-557, etc.] Commission’s rules. ARKANSAS LOUISIANA GAS CO. CERTIFICATES, AND ABANDONMENT OF Take further notice that, pursuant to SERVICE 1 Notice of Application the authority contained in and subject Notice of Applications or Petitions S eptember 24, 1973. to the jurisdiction conferred upon the Federal Power Commission by sections S eptember 24, 1973. Take notice that on September 11, 7 and 15 of the Natural Gas Act and the 1973, Arkansas Louisiana Gas Company Take notice that each of the Appli­ Commission’s rules of practice and pro­ cants listed herein has filed an applica­ (Applicant), P.O. Box 1126, Shreveport, cedure, a hearing will be held without Louisiana 71163, filed in Docket No. tion or petition pursuant to section 7 of further notice before the Commission on the Natural Gas Act for authorization to CP74-67 an application pursuant to sec­ this application if no petition to inter­ tion 7(c) of the Natural Gas Act and sell natural gas in interstate commerce vene is filed within the time required or to abandon service as described herein, § 157.7(b) of the regulations thereunder herein, if the Commission on its own for a certificate of public convenience all as more fully described in the re­ review of the matter finds that a grant spective applications and amendments and necessity authorizing the construc­ of the certificate is required by the public tion during the calendar year 1974 and which are on file with the Commission convenience and nècessity. If a petition and open to public inspection. the operation of facilities to enable Ap­ for leave to intervene is timely filed, or if plicant to take into its certificated main Any person desiring to be heard or to the Commission on its own motion be­ make any protest with reference to said pipeline system natural gas which will lieves that a formal hearing is required, be purchased from producers thereof, all applications should on or before Octo­ further notice of such hearing will be ber 18, 1973, file with the Federal Power as more fully set forth in the application duly given. which is on file with the Commission and Commission, W ashington, D.C. 20426, Under the procedure herein provided petitions to intervene or protests in ac­ open to public inspection. for; unless otherwise advised, it will be The purpose of this budget-type ap­ cordance with the requirements of the unnecessary for Applicant to appear or Commission’s rules of practice and pro­ plication is to augment Applicant’s abilty be represented at the hearing. to act with reasonable dispatch in con­ cedure (18 CFR 1.8 or 1.10) ^ All protests filed with the Commission will be con­ tracting for and connecting to its pipe­ K e n n e th F . P l u m b , line system additional supplies of natu­ Secretary. sidered by it in determining the appro­ priate action to be taken but will not ral gas in areas generally co-extensive [FR Doc.73-20835 Filed 10-1-73:8:45 am] with said system. serve to make the protestants parties to The application states that the total the proceeding. Persons wishing to be­ cost of all facilities will not exceed $7,- [Docket No. RP73-93] come parties to a proceeding or to par­ 000,000 and that no single project will COLORADO INTERSTATE GAS CO. ticipate as a party in any hearing therein must file petitions to intervene in accord­ cost in excess of $1,000,000. Applcant Further Extension of Tim e and Postpone­ plans to finance these costs from normal ance with the Commission’s rules. ment of Prehearing Conference and Take further notice that, pursuant to internal sources and cash from short­ Hearing term bank loans and other short-term the authority contained in and subject S eptember 24, 1973. to the jurisdiction conferred upon the borrowings utilized in the normal opera­ On September 19, 1973, Staff Counsel tion of the Applicant’s total business. Federal Power Commission by sections filed a further extension of the proce­ 7 and 15 of the Natural Gas Act and the Any person desiring to be heard or to dural dates fixed by notice issued Au­ Commission’s rules of practice and pro­ make any protest with reference to said gust 24, 1973, in the above-designated cedure a hearing will be held without application should on or before Octo­ matter. The motion states that all parties further notice before the Commission on ber 15, 197-3, file with the Federal Power including staff counsel have no objection all applications in which no petition to Commission, Washington, D.C. 20426, a petition to intervene or a protest in ac­ to the motion. intervene is filed within the time required cordance with the requirements of the Upon consideration, notice is hereby herein if the Commission on its own re­ Commission’s rules of practice and pro­ given that the procedural dates are fur­ view of the matter believes that a grant cedure (18 CFR 1.8 or 1.10) and the ther modified as follows: of the certificates or the authorization regulations under the Natural Gas Act Prehearing Conference, October 3, 1973, 10:00 for the proposed abandonment is re­ (18 CFR 157.10). All protests filed with a.m., e.d.t. quired by the public convenience and the- Commission will be considered by it Intervenor Service, October 10, 1973. necessity. Where a petition for leave to in determining the appropriate action to Company Rebuttal, October 24, 1973. be taken but will not serve to make the Hearing, November 6, 1973, 10:00 a.m., e.s.t. intervene is timely filed, or where the Protestants parties to the proceeding. K e n n e t h F . P l u m b , Any person wishing to become a party to Secretary. 1Tbis notice does not provide for con­ a proceeding or to participate as a party solidation for bearing of tbe several matters in any hearing therein must file a peti­ [FR Doc.73-20841 Filed 10-1-73:8:45 am] covered herein.

FEDERAL REGISTER, VOL. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 27326 NOTICES

Commission on its own motion believes unnecessary for Applicants to appear or adequate capacity to transport present that a formal hearing is required, further be represented at the hearing, and anticipated future requirements is notice of such hearing will be duly given. available in an existing adjacent 20-inch Under the procedure herein provided K e n n e t h P . P lu m b , pipeline. for, unless otherwise advised, it will be Secretary. Applicant proposes to construct and operate the following facilities: Docket No. ' Price Pres­ (1) Approximately 2.6 miles of 8-inch and Applicant Purchaser and location per Mcf sure transmission pipeline replacing, in two date filed base separate sections, a like amount of 5- inch and 6-inch pipeline located in CI65-557_____ Pecos Western Corp. (successor to Southern Natural Gas Co., Lake St. * 16.5 15.025 E 8-27-73 Barnwell Drilling Co.), 6065 Hill- Catherine Field, Orleans Parish, Ottawa County, Ohio; . croft, Houston, Tex. 77036. La. (2) Approximately 2.1 miles of 12-inch CI66-823...... Atlantic Richfield Co., P.O. Box 2819, El Paso Natural Gas Co.,' Jlcarilla 228.0 15.025 transmission pipeline replacing, in two ’ C 9-7-73 Dallas, Tex. 75221. Area, Rio Arriba County, N. Mex. CI68-1199____ NHGOil Co., P.O. Box 767, Midland, Natural Gas Pipeline Co., Of Ameri- *17.5 14.65 separate sections, a like amount of 8-inch C 9-4-73 Tex. 79901. ca, Capri to Field, Ward County, pipeline located in Sandusky County, Tex. CI72-842____ Mobil Oil Corp. ,3 Greenway Plaza El Paso Natural Gas Co., Papoose *25.0 15.025 Ohio; C 9-10-73 3 East, Suite 800,Houston, Tex. 77046. Canyon Field, Dolores County, (3) Approximately 2.9 miles of 4-inch Colo. transmission pipeline replacing, in two CI73-163...... Shell Oil Co., 1 Shell Plaza Houston, Natural Gas Pipeline Co. of America, 2 45.0 15.025 9-4-733 Tex. 77001. Vermilion Block 247, offshore separate sections, a like amount of 3-inch Louisiana. pipeline located in Seneca County, Ohio; CI73-164______do__¡—I...... -...... Natural Gas Pipeline Co. of America, 2 45.0 15.025 9-4-733 West Cameron Block 565, offshore * (4) Approximately 0.9 mile of 4-inch Louisiana. transmission pipeline replacing a like CI74-126_____ Phillips Petroleum Co., Bartlesville, Atlantic Richfield Co., acreage in Tom Depleted . . . _____ B 8-13-733 Gkla. 74004. Green County, Tex. amount of 3-inch pipeline located in C174-152...... J. M. Huber Corp., 2000 West Loop Cities Service Gas Co., No. 1 Wolga- (!) ...... Morrow County, Ohio; (G-19201) South, Houston, Tex. 77027 mott Well, Barber County, Kans. (5) Approximately 1.7 miles of 20-inch B 8-31-73 CI74-161_____ Harry W. Brennan, Jr. (successor to Arkansas Louisiana Gas Co., Bethany 12.25 14.65 transmission pipeline replacing a like (G-10958) McMurrey Gathering Systemetal.), Field, Panola County, Tex. amount of 12-inch pipeline located In F 8-23-73 508 Petroleum Bldg., Longview, Tex. 75601. Richland County, Ohio; CI74-162...... do...... -...... do...... 12.25 14.65 (6) Approximately 0.5 mile o f 16-inch (G-9998) transmission pipeline replacing in, three F 8-23-73 CI74-167_____ Phillips Petroleum Co. (successor to Colorado Interstate Gas Co,, a 2 23.75 14.65 separate sections, a like amount of 12- (CS71-650) Davis Oil Co.), Bartlesville, Okla. division of Colorado Interstate inch pipeline located in Ashland County, F 9-4^73 74004. Corp., East Rock Springs Area, Sweetwater County, Wyo. » Ohio; (7) Approximately 1.9 miles of 8-inch * Subject to downward B.t.u. adjustment. transmission pipeline replacing a like 2 Subject to upward and downward B.t.u. adjustment. amount of 12-inch pipeline located in 3 Amendment to a pending application. * Petition to amend to reflect a change in price from 35 cents per Mcf to 45 cents per Mcf. Holmes County, Ohio; 3 Being renoticed, because by amendment to application filed Sept. 4, 1973, Applicant reflects a change in price (8) Approximately 1.9 miles of 6-inch from 35 cents per Mcf to 45 cents per Mcf. tUmsmission pipeline replacing a like 3 Abandonment of percentage type sales. » Well plugged and abandoned. amount of 3-inch and 4-inch pipeline located in Holmes County, Ohio; Filing code: A—Initial service. B—Abandonment. (9) Approximately 0.9 mile of 24-inch C—Amendment to add acreage. transmission pipeline replacing a like D—Amendment to delete acreage. E—Succession. amount of 16-inch pipeline located in F—Partial succession. Franklin County, Ohio; [FR Doc.73-20848 Filed 10-l-73;8:45 am] (10) Approximately 1.4 miles o f 8-inch transmission pipeline replacing, in two separate sections, a like amount of 4- [Docket No. OP74-66] Applicant states that it proposes to inch pipeline located in Noble County, COLUMBIA GA3 TRANSMISSION CORP. abandon approximately 0.9 mile of 10- Ohio; inch and 0.9 mile of 12-inch transmis­ (11) Approximately 0.3 mile of 6-inch Notice of Application sion pipelines originally installed to serve transmission pipeline replacing a like S eptember 25, 1973. the Charleston, West Virginia, area; but, amount of 20-inch pipeline located in Take notice on September 10, 1973, due to required relocation of f acilities in Putnam County, West Virginia; and Columbia Gas Transmission Corporation connection with the construction of In­ (12) Approximately 4.1 miles o f 6-inch (Applicant), 1700 MacCorkle Avenue, terstate Highway No. 1-79, they are no transmission pipeline replacing a like SE., Charleston, West Virginia 25314, longer required for Applicant’s opera­ amount of 4-inch pipeline located in filed in Docket No. CP74-66 an applica­ tion. Applicant proposes to sell approxi­ Summers and Monroe Counties, West tion pursuant to sections 7(b) and 7(c) mately 0.5 mile o f the 10-inch and 0.4 Virginia. of the Natural Gas Act requesting per­ mile of the 12-inch pipeline to Columbia Applicant states that the existing pipe­ mission and approval to abandon certain Gas of West Virginia, Inc., with the re­ line segments referred to in projects one pipeline facilities no longer used or use­ maining sections of pipeline which can­ through twelve, because of their age and ful in its operations and for a certificate not be utilized by either party to be corroded condition and on the basis of of public convenience and necessity au­ abandoned in place. Applicant further operating and maintenance experience, thorizing the construction and operation proposes to abandon approximately 2.0 must be replaced with eathodically pro­ of pipeline to replace certain segments of miles of 10-inch and 1.9 miles of 8-inch tected pipe in order to assure continued its existing pipeline system and the in­ transmission pipelines and appurtenant sale and reliable service. stallation and operation of certain pipe­ regulating facilities in Washington County, Pennsylvania, extending in a Applicant further requests authoriza­ line and compression facilities to permit tion for three additional projects to en­ utilization of new sources of supply of northerly direction from its Majorsville able it to accept into its transmission natural gas, all the above projects to be Compression Station. Applicant states system newly developed, produced and located in one or more of the states of that due to the aged and deterioration of purchased volumes of gas as they become Ohio, Pennsylvania, and West Virginia, segments of these pipelines, replacement available. As stated in the application all as more fully set forth in the applica­ would be required if said pipelines were these projects are as follows: tion which is on file with the Commis­ to remain in service. Instead, Applicant (13) The construction and operation sion and open to public inspection. proposes to abandon such facilities as of approximately 2.8 miles of 6-inch

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 NOTICES 27327 transmission pipeline and appurtenant proval for the proposed abandonment 130 on July 5, 1973, authorizing MRT regulating facilities to enable Applicant are required by the public convenience to develop and use East Unionville Field, to reduce pressure on its existing 20-inch and necessity. If a petition for leave to Lincoln Parish, Louisiana, as an under­ pipeline between its Glenville Compres­ intervene is timely filed, or if the Com­ ground gas storage field. The purpose of sor Station and Cedarville in Gilmer mission on its own motion believes that a the instant filing is to comply with pro­ County, West Virginia, to enable local formal hearing is required, further notice vision of the Commission’s order where­ production to be accepted into its sys­ of such hearing will be duly given. in MRT was required to make appropri­ tem as it becomes available; Under the procedure herein provided ate rate filings for the sale of the gas (14) The construction and operation for, unless otherwise advised, it will be reserves remaining recoverable which had of one additional 880 horsepower com ­ unnecessary for Applicant to appear or been dedicated to Texas Eastern Trans­ pressor unit at Applicant’s Porters Falls be represented at the hearing. mission Corporation (TETC) by others. Compression Station in Wetzel County, The volume of gas specified in the filing K e n n e t h F . P l u m b , is a net volume of approximately 5.5 Bcf West Virginia, to increase capacity by Secretary. 7,500 M cf per day and' allow for the priced at 21.475 cents per M cf (18.3 cents purchase and transportation of addi­ [PR Doc.73-20841 FUed 10-l-73 ;8 :45 am] per Mcf plus applicable Louisiana sever­ tional gas from reserves which are being ance ta x ). A copy of the filing has been mailed developed by independent producers in [Docket No. E-8392] Wirt and Doddridge Counties, West Vir­ to TETC. ginia; and MISSISSIPPI POWER & LIGHT CO. Any person desiring to be heard or (15) The construction and operation Termination of Wholesale Electric Service protest said filing should file a petition of a 950 horsepower compression station to intervene with the Federal Power located at the interconnection of Appli­ September 24, 1973. Commission, 825 North Capitol Street cant’s existing field gathering system and Take notice that Mississippi Power & NE., Washington, D.C. 20426, in accord­ 20-inch transmission pipeline in Wyo­ Light Company (MPL) on September 7, ance with the §§ 1.8 and 1.10 o f the ming County, West Virginia, to allow for 1973, tendered for filing a notice of can­ Commission’s rules and procedure. (18 the purchase and transportation of up cellation of its FPC Electric Rate Sched­ CFR 1.8 and 1.10). All such petitions or to 7,600 Mcf of gas per day from reserves ule No. 42, effective October 23,1955, ap­ protests should be filed on or before Oc­ which are being developed by independ­ plicable to wholesale electric service tober 3, 1973. Protests will be considered ent producers in McDowell County, West rendered to the Town of Shaw, Missis­ by the Commission in determining the Virginia. sippi, which was terminated by mutual appropriate action to be taken, but will Applicant states these proposed proj­ agreement. MPL states that on August not serve to make protestants parties ects for construction and operation of 20, 1973, it began serving the electric to the proceeding. Any person wishing certain natural gas facilities and the consumers of the Town of Shaw at retail, to become a party to the proceeding must requested abandonment of certain other and that the wholesale electric service file a petition to intervene. Copies of this facilities are necessary in order to main­ was no longer required. application are on file with the Commis­ tain continued reliable service to existing Notice of the cancellation has been sion and are available for public inspec­ customers at the levels presently au­ served upon the Town of Shaw, Missis­ tion. thorized by prior orders of the Com­ sippi. K e n n e th F . Pl u m b , mission. The estimated cost of the pro­ Any person desiring to be heard or Secretary. posed facilities is $2,410,600, which will to protest said filing should file a petition [FR Doc.73-20845 FUed 1 0-l-73 ;8 :45 am] be financed by the sale of notes and/or to intervene or protest with the Federal common stock to The Columbia Gas Power Commission, 825 North Capitol System, Inc., the parent company of Street NE., Washington, D.C. 20426, in NATIONAL POWER SURVEY EXECUTIVE Applicant. accordance with §§ 1.8 and 1.10 of the ADVISORY COMMITTEE, TECHNICAL Any person desiring to be heard or to Commission’s rules of practice and pro­ ADVISORY COMMITTEES AND TASK make any protest with reference to said cedure (18 CFR 1.8, 1.10). All such peti­ FORCES application should on or before Octo­ tions or protests should be filed on or Order Designating Additional Members ber 23, 1973, file with the Federal Power before October 3, 1973. Protests will be Commission, W ashington, D.C. 20426, a considered by the Commission in deter- S eptember 25, 1973. petition to intervene or a protest in ac­ ming the appropriate action to be taken, The Federal Power Commission, by cordance with the requirements of the but will not serve to make protestants orders issued August 11, 1972, Septem­ Commission’s rules of practice and proce­ parties to the proceeding. Any person ber 28, 1972, November 2, 1972, and De­ dure (18 CFR 1.8 or 1.10) and the regu­ wishing to become a party must file a cember 7,1972, established the Executive lations under the Natural Gas Act (18 petition to intervene. Copies of this fil­ Advisory Committee and certain techni­ CFR 157.10). All protests filed with the ing are on file with the Commission and cal advisory committees and task forces. Commission will be considered by it in available for public inspection. 2. Membership. Additional members of the following advisory committees and determining the appropriate action to K e n n e th F. P l u m b , be taken but will not serve to make the Secretary. task forces, as selected by the Chairman Protestants parties to the proceeding. of the Commission, with the approval of Any person wishing to become a party to [PR Doc.73-20844 Piled 1 0-l-73 ;8 :45 am] the Commission, are as follows: a proceeding or to participate as a party Executive Advisory Com m ittee in any hearing therein must file a peti­ [Docket No. CP73-130] tion to intervene in accordance with the Edward E. Cobb, Member, President, Ameri­ MISSISSIPPI RIVER TRANSMISSION CORP. can Public Power Association. Commission’s rules. Frederick B. Dent, Member, Secretary of Take further notice that, pursuant to Notice of Rate Piling Commerce, United States Department of the authority contained in and subject S eptember 24, 1973. Commerce. to the jurisdiction conferred upon the Dr. Lawrence I. Moss, Member, President, Tbe Federal Power Commission by Sections Take notice that Mississippi River Sierra Club. 7 and 15 of the Natural Gas Act and Transmission Corporation (MRT) on Au­ gust 22, 1973, tendered for filing Fourth T echnical Advisory C om m ittee o n Conser­ the Commission’s rules of practice and vation of Energy procedure, a hearing will be held without Revised Sheet No. 1 and Original Sheets Nos. 28 and 29 to its FPC Gas Tariff, TUton H. Dobbin, Member, Assistant Secre­ further notice before the Commission on tary for Domestic and International Busi­ this application if no petition to inter­ Original Volume No. 2, proposed to be­ come effective as of July 5, 1973. ness, United States Department of Com­ vene is filed within the time required merce. herein, if the Oommssion on its own re­ The tendered tariff sheets are sub­ Mr. Dobbin replaces Mr. Andrew E. Gibson, view of the matter finds that a grant of mitted in compliance with the Commis­ former Assistant Secretary for Domestic the certificate and permission and ap­ sion’s order issued in Docket No. CP73- and International Business.

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 27328 NOTICES

Sheldon B. Lubar, Member, Assistant Secre­ firm capability and 10,900,000 kilowatt mission to abandon the facilities of its tary-Commissioner, Federal Housing Ad­ hours of energy during the month of ministration, Department of Housing and Northwest Division* pursuant to the de­ Urban Development. September 1973, at a total cost o f $123,- cree entered by the United States Dis­ Mr. Lubar replaces Mr. Eugene A. Gulledge, 669. NYSE & G requests waiver of the trict Court for the District of Colorado, former Assistant Secretary for Housing and 30-day filing requirement to permit the on June 16, 1972 (United States of Mortgage Credit. filing to be effective as of September 1, America, Plantiff, v. El Paso Natural Gas Paul Stolpman, Member, Operations Research 1973. Company and Pacific Northwest Pipeline Analyst, Environmental Protection Agency. Copies of the application have been Corporation, Defendants, Civil Action T echnical A dvisory Com m ittee o n Conser­ served upon Central Hudson. No. C2626; hereinafter referred to as vation of Energy Task Force—Environ­ Any person desiring to be heard or to the 1972 Decree) 1 requiring El Paso to m ental Aspects protest said application should file a divest itself of its Northwest Division Tilton H. Dobbin, Member, Assistant Secre­ petition to intervene or protest with the and related properties resulting from the tary for Domestic and International Busi­ Federal Power Commission, 825 North merger of El Paso and Pacific Northwest ness, United States Department of Com­ Capitol Street NE., Washington, D.C., in Pipeline Corporation in 1959. The Dis­ merce. accordance with §§1.8 and 1.10 of the trict Court’s judgment and decree was Mr. Dobbin replaces Mr. Andrew E. Gibson. Commission’s rules of practice and pro­ issued to effect mandates of the Supreme Paul Stolpman, Member, Operations Research Court requiring divestiture by El Paso Analyst, Environmental Protection Agency. cedure (18 CFR 1.8 and 1.10). All such petitions should be filed on or before without delay. (United States v. EL Paso T echnical Advisory C om m ittee o n Conser­ October 3, 1973. Protests will be consid-. Natural Gas Co., 376 U.S. 651; Cascade vation of Energy T a sk Force—Technical ered by the Commission in determining Natural Gas Corporation v. El Paso Nat­ A spects - the appropriate action to be taken, but ural Gas Co. (Cascade), 386 U.S. 129; Sheldon B. Lubar, Member, Assistant Secre­ will not serve to make protestants par­ Utah Public Service Commission v. El tary-Commissioner, Federal Housing Ad­ ties to the proceeding. Any person wish­ Paso Natural Gas Co. 395 U.S. 464 ministration, Department of Housing and ing to become a party must file a petition (Utah)). On March 5,1973, the Supreme Urban Development. Court affirmed the District Court’s judg­ Mr. Lubar replaces Mr. Eugene A. Gulledge. to intervene. Copies of this application are on file with the Commission and ment and decree in California-Pacific T echnical A dvisory Com m ittee on F inance available for public inspection. Utilities Co. et al., v. United States, Nos. Tilton H. Dobbin, Member, Assistant Secre­ 72-759 et al. (October Term, 1972). No K e n n e th F . P lu m b , tary for Domestic and International Busi­ petitions for rehearing were filed and ness, United States Department of Com­ Secretary. the judgment of the District Court has merce. [FR Doc.73-20846 Filed 10-1-73; 8:45 am] become final. Mr. Dobbin replaces Mr. Andrew Gibson. The 1972 Decree incorporates by refer­ Barrett J. Riordan, Member, Senior Staff ence portions of earlier District Court Member, Council on Environmental [Docket Nos. CP73-331, CP73-332, CP73-333; Quality. decrees. On June 21, 1968, the United Docket No. CP74-14] Mr. Riordan replaces Mr. Eric Zausner, De­ States District Court for the District of partment of the Interior, formerly em­ NORTHWEST PIPELINE CORP. AND Utah entered tentative Finding of Fact, ployed with the Council on Environmental EL PASO NATURAL GAS CO. Conclusions of Law and Opinion after Quality. conducting proceedings mandated by the Order After Statutory Hearing T echnical Advisory Com m ittee o n F uels Supreme Court in Utah. With some S eptember 21, 1973. modification these Findings, Conclusions Seth M. Bodner, Member, Deputy Assistant and Opinion became the final judgment Secretary for Resources and Trade Assist­ On June 15, 1973, Northwest Pipeline ance, United States Department of Corporation (Northwest) filed an appli­ of the District Court on November 7, Commerce. cation in Docket No. CP73-331 pursuant 1968 (1968 D ecree). Mr. Bodner replaces Mr. Stanley Nehmer, to Section 7(c) of the Natural Gas Act The 1968 Decree included findings and former Deputy Assistant Secretary for (Act) for a certificate of public con­ conclusions on the property to be di­ Resources. venience and necessity authorizing vested, choice of a successful applicant, T echnical A dvisory Com m ittee on P ower Northwest to acquire the facilities and the proper basis for divestment and a S upply properties generally consisting of that procedure to implement the plan. Spe­ Seth M. Bodner, Member, Deputy Assistant segment of the natural gas pipeline sys­ cific findings and conclusions were made Secretary for Resources and Trade Assist­ tem of El Paso Natural Gas Company relating to physical assets, gas sales ance, United States Department of (El Paso) generally referred to as the agreements, miscellaneous investments, Commerce. Northwest Division which extends from gas reserves, income tax treatment, vari­ Mr. Bodner replaces Mr. Stanley Nehmer. the San Juan Basin area in the State ous contractual relations, basis of reim­ By the Commission. of New Mexico through the States of bursement, status of employees, in ad­ Colorado, Utah, Wyoming, Idaho, Oregon dition to the selection of a. successful [ seal] K e n n e t h P. P l u m b , and Washington, to a point of termina­ applicant and the determination of a Secretary. tion at the International Boundary near timetable and procedure for the divest­ [FR Doc.73-20850 Filed 10-l-73;8:45 am] Sumas, Washington All as more spe­ ment itself. cifically detailed in Northwest’s appli­ In rejecting the 1968 Decree in Utah, cation and thereafter to operate the the Supreme Court found that the [Docket No. E-8389] pipeline system. Decree did not comply with the Man­ date of Cascade in two respects: NEW YORK STATE ELECTRIC & GAS Also, on June 15, 1973, Northwest filed CORP. in Docket No. CP73-332 an application (1) The apportionment of gas re­ serves; and Proposed Change in Rate and Charge pursuant to Section 3 of the Act for au­ thorization to continue the importation (2) It did not provide for a complete September 24,1973. of natural gas from the Dominion of severance of all managerial and financial Take notice that on September 10,- Canada into the United States. In a re­ connections between El Faso and the 1973, New York Electric and Gas Cor­ lated filing of the same date in Docket New Company. The Supreme Court poration (NYSE & G) filed a letter agree­ No. CP73-333, Northwest applied for found no other deficiencies in the 1968 ment dated August 27, 1973, proposing authority to continue the maintenance Decree and directed that no other action and operation of facilities at the Inter­ be taken. Therefore, those portions of to amend an Agreement dated May 25, the 1968 Decree not affected by Utah 1973, as previously amended on June 20, national Boundary to import natural gas from the Dominion of Canada into and July 30, 1973, with Central Hudson the United States. 1 As modified by Order and Modification of Courts Decree of June 16, 1972, (entered on Gas and Electric Corporation (Central On July 16, 1973, El Paso filed in Hudson). The instant amendment pro­ July 10, 1972) and Order Further Amending Docket No. CP74-14 an application pur­ and Modifying the Court’s June 16, 1972, De­ vides for the sale of 23,000 kilowatts of suant to Section 7(b) of the Act for per­ cree (entered on August 30, 1972).

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973

% NOTICES 27329

were not reconsidered by the District officers, and directors and their families On August 20, 1973, El Paso filed in Court and so far as applicable were in­ will be precluded from holding North­ Docket No. CP74-14 a supplement to its corporated into the 1972 Decree. west stock. abandonment application in which inter On June 25, 1971, after considering The 1968 Decree set forth the proce­ alia it requested that its gathering agree­ proposals, evidence and briefs on the dure to be followed in implementing the ment with Northwest be approved. In the question of gas reserves, the Court divestiture. The parties were to proceed 1968 Decree, the Court noted that the entered its Findings, Conclusions, and in three steps: necessity for a gathering agreement is Opinion which as amended on July 26, Step One, El Paso and the APCO a matter within the discretion of the Fed­ 1971 (1971 Decree) was also incorpo­ Group were to begin negotiations on (a) eral Power Commission. In view of the rated by reference into the 1972 Decree. the amount El Paso is to receive for its paucity of supporting data submitted by Therein, the Court ordered El Paso to equity in the divested properties, (b) the Northwest, this matter will be held in divest itself of the gas reserves sum­ terms and conditions relating to stock abeyance to be determined upon a more marized at Tab A of El Paso Exhibit 118 conversion, (c) the formulation of re­ complete review of the underlying facts. which basically subjects reserves in the strictive provisions to insulate North­ On September 13,1967, Northwest filed Rocky Mountain Area and San Juan west from control by El Paso, and (d) applications in Docket Nos. CP69-68, Areas as well as various Canadian pur­ miscellaneous matters pertaining to CP69-69, and CP69-70 pursuant to the chases to divestment to Northwest. The divestiture. 1968 Decree which was later reversed and Court concluded that the estimated Step Two, El Paso and Northwest were remanded by the Supreme Court in Utah. 11,333 Tcf of gas'reserves proposed by El to make filings with this Commission El Paso also filed an application in CP69- Paso to be divested to Northwest, to­ necessary for Northwest’s acquisition and 67 for permission to abandon the North­ gether with the restrictions it placed on operation of the divested property. west Division.3 These proceedings were El Paso’s market growth in California, Step Three, El Paso and the APCO held in abeyance by Commission order placed Northwest in the same, if not Group are then to submit to the Court issued August 14, 1968. These applica­ better, relative competitive position vis- the results of their negotiations under tions have mooted by the 1972 Decree a-vis El Paso in the California market Step One. The Court stated that Steps and should therefore be dismissed. as that which Pacific Northwest enjoyed One and Two could proceed Northwest has requested that all cer­ immediately prior to the illegal merger concurrently. tificates currently held by El Paso which without inequitably depriving present Consistent with this procedure, North­ are applicable to the Northwest Division California customers of a portion of west’s original application filed herein be reissued to Northwest. Since there their present supplies. Thereafter, fol­ on June 15, 1973, did not include are a number of outstanding certificates lowing the Utah directives, evidentiary matters subject to negotiation in Step which apply to both the Northwest Divi­ hearings were held to again consider One. An agreement in principle as to sion as well as the Southern Division, which applicant should acquire the the price to be paid by the APCO Group specific authorization under these certifi­ Northwest properties and facilities; for its 20% interest and other matters cates will be the subject of future orders whether an award to a particular ap­ pertaining to the implementation of the in these dockets. plicant would have any anti-competi­ divestiture was reached on July 24, 1973, Northwest was notified by letter dated tive effects; and to again consider plans and a supplement to Northwest’s orig­ August 30, 1973, o f the necessary pro­ and proposals of divestiture which would inal application containing these ducer filings reflecting Northwest as comport with the directives of Utah. The matters was filed on August 14, 1973. By buyer in place of El Paso. These filings Court in its decree of June 16, 1972, des­ its order of July 25, 1973, the Court have not yet been received. A copy of this ignated Colorado interstate Gas Com­ directed that an Implementation Agree­ order will be placed in the dockets relat­ pany (CIG) as the successful applicant ment be filed with it on or before Au­ ing to these producer filings and shall with the APCO Group (APCO) 2 as sec­ gust 8, 1973, and that any objections be constitute a succession by Northwest to ond choice. By order entered August 30, Thereafter, the Court will hold hearings El Paso’s interest conveyed therein. 1972, the District Court noted that a on the objections, if necessary, before Northwest has advised the Commission controlling interest in CIG had been ac­ issuing a final order. These matters are that it will move to be substituted for quired by Coastal States Crude Gather­ still before the Court. El Paso in any pending rate proceeding. ing Company, a wholly-owned subsid­ Northwest and El Paso have agreed to iary of Coastal States Gas Producing a substitution of the gathering facilities Arizona Public Service Company Company thereby disqualifying CIG as to be divested in the San Juan Basin in (APS), People of the State of Californa, the successful applicant. Without re­ lieu of those facilities which were origi­ and the Public Utilities Commission of opening the proceedings, the Court des­ nally approved by the Court. Northwest the State of California, California Gas ignated the APCO Group as the success­ contends that such substitution will sub­ Producers Association, California-Pacific ful applicant in place of CIG. stantially reduce the gathering charge Utilities Company (California-Pacific), Cascade Natural Gas Company (Cas­ According to the Court’s 1972 Decree, that Northwest would otherwise have to pay El Paso. This substitution is included cade), Cheyenne Light, Fuel and Power El Paso is to divest itself of its North­ Company, Colonial Natural Gas Com­ west Division by transferring the assets in the August 14, 1973, supplement to Northwest’s application and has been pany, Colorado Interstate Gas Com­ of the Northwest Division to Northwest pany, Public Service Company of Colo­ Pipeline Corporation (Northwest), a submitted to the Court for approval to­ gether with the Implementation Plan. rado, The Public Utilities Commission wholly owned inactive subsidiary that of the State of Colorado, El Paso was organized in 1965 for this specific Under the 1972 Decree certain gas Natural Gas Company, The Idaho purpose. The APCO Group is then to wells will not be completely owned or Public Utilities Commission, Intermoun­ purchase 20 percent of Northwest’s controlled by either El Paso or North­ tain Gas Company, Mountain Fuel Sup­ common stock with the remaining 80 west. In order to avoid unnecessary du­ ply Company, Northwest Natural Gas percent being placed in a voting trust to plication of facilities in the situation Company, The Public Utility Commis­ be administered ,by the APCO Group. where a well controlled by one com­ The holders of El Paso common stock sion of Oregon, Pacific Gas and Electric pany is currently attached to the gather­ Company, San Diego Gas and Electric are to receive participation certificates ing facilities of the other, if will be which- after five years are convertible Company, Southern California Edison necessary to equalize volumes. Therefore, Company, Southern California Gas Com­ into Northwest common upon a showing the Court directed that El Paso and that the holder no longer owns El Paso pany, Southwest Gas Corporation, Tuc­ Northwest enter into an agreement son Gas and Electric Company (TG&E), shares. Thereafter, El Paso stockholders, whereby each party is reimbursed for the cost of gathering gas attributable to Washington Natural Gas Company (Washington Natural), Washington 2 The APCO Group consists of Alaska In­ the other party. As a part of its sup­ terstate Company,; APCO Oil Corporation, plemental application, Northwest has in­ Gulf Interstate Company, and the Tipperary cluded a pro forma gathering agreement * On July 16, 1973, El Paso filed a Notice Corporation. and requested Commission approval. of Withdrawal of its application.

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 No. 190------8 27330 NOTICES

Utilities and Transportation Commis­ (5) Applicant, El Paso Natural Gas Boundary as hereinbefore described and sion, The Washington Water Power Company, a Delaware corporation, hav­ as more fully described in its application Company (Washington Water and ing its principal place of business in El in Docket No. CP73-333. Power), Western Slope Gas Company Paso, Texas, is a “natural-gas company” (E) This order shall become effective and the United States of America rep­ within the meaning of the Natural Gas upon the payment by Northwest of the resented by the Department of Justice Act as previously determined by the first increment of the fee required by have sought intervenor status in one or Commission. § 159.2 o f the Commission’s Regulations. more of the instant proceedings. Of (6) Applicant, Northwest Pipeline (F) A determination of the merits of these potential intervenors only six: Corporation, not heretofore a “natural- Northwest’s request for authority to APS, TG&E, Washington Natural, Cas­ gas company” within the meaning of the enter into a joint gathering venture with cade, Washington Water and Power, and Natural Gas Act is upon the issuance of El Paso shall be made only after full California-Pacific have requested a for­ this order found to be a “natural-gas com pliance with § 157.5 of the Commis­ mal hearing. And of those requesting_for- company” subject to the jurisdiction of sion’s Regulations. mal hearing only APS and TG&Ef per­ -the Commission. (G) The above-named parties are per­ sist in their request, the others have been (7) The service, facilities and proper­ mitted to intervene in these proceedings formally withdrawn. ties proposed to be abandoned by El Paso subject to the Rules and Regulations of On August 14, 1973, Northwest filed a generally known as the Northwest Divi­ the Commission: Provided, however, that rnotibn requesting expedited treatment sion and more specifically described in El the participation of such intervenors of its filings in these dockets. Filings in Paso’s application in these proceedings, shall be limited to matters affecting as­ opposition to the alleged need for formal are subject to the jurisdiction of the serted rights and interests specifically hearings were filed by Northwest, the Commission and abandonment thereof is set forth in their petitions to intervene; United States of America, and Southern subject to the requirements of Subsection and Provided, further, that the admis­ California Gas Company. It is APS and (b) of Section 7 of the Natural Gas Act. sion of such intervenors shall not be con­ TG&E’s contention that an agreement (8) The proposed abandonment of strued as recognition by the Commission between the APCO Group and Southern service and facilities by El Paso is per­ that such intervenors might be aggrieved California Gas Company (So. Cal.) mitted by the public convenience and by any order entered in these proceed­ which commits Northwest, upon acquisi­ necessity, and approval thereof should ings. tion by the APCO Group, inter alia to be granted as hereinafter ordered. (H) A copy of this order will be placed initiate deliveries to So. Cal. of an aver­ (9) The public convenience and ne­ in the files of all dockets in which North­ age of 40,000 Mcfd is anti-competitive in cessity requires that Northwest Pipeline west seeks to replace El Paso as the fiature and that therefore a formal hear­ Corporation be authorized to acquire and purchaser of natural gas and shall con­ ing is necessary prior to the certification operate the facilities and properties here­ stitute a succession by Northwest to El of Northwest. inbefore described and as more fully de­ Paso’s interest conveyed therein. The agreement (appended to TG&E’s scribed in Northwest’s application in petition to intervene herein) calls for ini­ Docket No. CP73-331. By the Commission. tiation of deliveries at average level of (10) Pursuant to Section 3 of the Na­ [ seal] K e n n e th F . Pl u m b , 40,000 Mcfd to commence within four tural Gas Act, the public interest requires Secretary. months of acquisition. Thereafter, North­ that Northwest be authorized to continue [FR Doc.73-20847 Filed 10-1-73:8:45 am] west is to increase deliveries as rapidly as the importation of natural gas from possible to a level of 100,000 Mcfd. the Dominion of Canada under the same Northwest is then to use its best efforts, conditions as those prevailing under the [Docket No. CI74-188] without adversely affecting its existing authorization issued to El Paso in Docket customers, to increase deliveries to So. No. CP70-138, as amended. ROY A. GODFREY Cal. So. Cal.’s obligation to purchase (11) The public interest requires the Notice of Application from Northwest is limited under the issuance, of a Presidential Permit to S eptember 24,1973. agreement to 600,000 M cfd. Northwest under Executive Order No. Take notice that on September 10, Both Northwest and the United States 10485 authorizing the continued main­ 1973, Roy A. Godfrey (Applicant) filed in of America represented by the Depart­ tenance and operation of the facili­ Docket No. CI74-188 an application pur­ ment of Justice in their replies that pre­ ties at the International Boundary, as suant to Section 7 (b) of the Natural Gas cisely the same issue was raised by APS more fully described in Northwest’s Act for permission and approval to and TG&E on appeal of the 1972 Decree. application. abandon the sale for resale and delivery Notwithstanding, the merit or lack of (12) That insufficient evidence exists of natural gas in interstate commerce merit of APS and TG&E’s contention, at this time regarding the authority re­ to Lone Star Gas Company (Lone Star) the Northwest-So. Cal. agreement is not quested by Northwest to engage in co­ from acreage in Aylesworth Southeast before the Commission at this time. operative gathering venture with El Paso. Field, Bryan County, Oklahoma, all as When, if ever, an application is filed by The Commission orders more fully set forth in the application Northwest for permission to service this in this proceeding. agreement, notice will be given thus af­ (A) Permission for and approval of abandonment of service and facilities by Applicant sells natural gas to Lone fording interested parties an opportunity Star from the subject acreage at a rate to participate. El Paso, as hereinbefore described and as more fully described in El Paso’s ap­ o f 16.0 cents per M cf at 14.65 p.s.i.a. pur­ The Commission finds plication in these proceedings, is granted. suant to authorization in Docket No. (1) It is necessary and appropriate (B) A certificate of public convenience CS72-807. Applicant refers to the pro­ that the proceedings in Docket Nos. and necessity is issued authorizing North­ ceedings in Docket Nos. CP73-30 and CP73-331, CP73-332, CP73-333, and west to acquire and operate the facilities CI71-884 as reasons for the proposed CP74-14 be consolidated for hearing and and render service as hereinbefore de­ abandonments. In Docket No. CP73-30 decision. scribed and as more fully described in Lone Star seeks permission and approval (2) It is necessary and appropriate its application in Docket No. CP73-331. pursuant to Section 7(b) of the Natural that the proceedings in Docket Nos. (C) Northwest is authorized pursuant Gas Act for the abandonment of the CP69-67, CP69-68, CP69-69, and CP69-70 to Section 3 of the Natural Gas Act to facilities, used to transport Applicant’s be-dismissed. continue the importation of natural gas gas, by sale to Pioneer Gas Products (3) Participation herein by the above- from the Dominion of Canada as here­ Company (Pioneer). In Docket No. CI71- named intervenors may be in the public inbefore described and as more fully 884 Pioneer seeks authorization pursuant interest. described in its application in Docket No. (4) The public interest and necessity CP73-332. to section 7(c) of the Natural Gas Act require the granting of the Motion of (D) A Presidential Permit will issue to sell to Lone Star at 18.0 cents per Northwest Pipeline Corporation request­ authorizing Northwest to maintain and Mcf residue gas from gas purchased from ing expedited proceedings. operate facilities at the International Applicant.

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 NOTICES 27331

A ny person desiring to be heard or to commission expense was estimated at 2, Directive C is amended by changing make any protest with reference to said $12,000 while more recent calculations the heading to read “Authorization for application should on or before October reveal that the final cost will be in the domestic open market operations.” 23, 1973, file with the Federal Power neighborhood o f $75,000 which will be Note.— See 32 FR 9582. amortized over a two year period, result­ Commission, Washington, D.C. 20426, a 3. (a) Directive D is amended by petition to intervene or a protest in ac­ ing in an annual cost of $37,500. The fil­ ing of September 4 reflects this change. changing the heading to read “Domestic cordance with the requirements of the policy directive”. Commission’s rules of practice and pro­ Sierra will make corresponding cedure (18 CFR 1.8 or 1.10). All protests changes in the testimony and exhibits Note.— See 32 FR 9582. filed with the Commission will be con­ filed in its behalf in this proceeding. (b) The words “current economic pol­ sidered by it in determining the appro­ Any person desiring to be heard or to icy directive” appearing in paragraph 1 priate action to be taken but will not protest said filing should file a petition of title authorization for domestic open serve to make the protestants parties to to intervene or protest with the Federal market operations are changed to read the proceeding. Any person wishing to Power Commission, Washington, D.C. “domestic policy directive”. become a party to a proceeding or to par­ 20426, in accordance with §§1.8 and 1.10 ticipate as a party in any hearing therein of the Commission’s rules of practice Note.— See 36 FR 22697. must file a petition to intervene in ac­ and procedure (18 CFR 1.8, 1.10). All By order of the Federal Open Market cordance with the Commission’s rules. such petitions or protests should be filed Committee, September 26, 1973. Take further notice that, pursuant to on or before October 15, 1973. Protests will be considered by the Commission in A rthur L. B roida, the authority contained in and subject Secretary. to the jurisdiction conferred upon the determining the appropriate action to be Federal Power Commission by sections 7 taken, but will not serve to make pro­ [FR Doc.73-20830 Filed 10-l-73;8:45 am] and 15 of the Natural Gas Act and the testants parties to the proceeding. Any Commission’s rules of practice and pro­ person wishing to become a party must cedure, a hearing will be held without file a petition to intervene. Parties who FEDERAL OPEN MARKET COMMITTEE further notice before the Commission on have previously filed protests or peti­ Authorization for Domestic Open Market this application if no petition to inter­ tions to intervene need not file new pro­ Operations vene is filed within the time required tests or petitions relating only to this In accordance with § 271.5 of its rules herein, if the Commission on its own re­ notice. Copies of this filing are on file regarding availability of information, view of the matter finds that permission with the Commission and are available notice is given that on M arch 15, 1973, and approval for the proposed abandon­ for public inspection. paragraph 1(a) of the Committee’s au­ ment are required by the public conven­ K en neth F. P l u m b , thorization for domestic open market ience and necessity. If a petition for Secretary. operations was amended to increase from leave to intervene is timely filed, or if the [FR Doc.73-20849 Filed 1 0-l-73 ;8 :45 am] $2 billion to $3 billion the limit on Commission on its own motion believes changes between Committee meetings in that a formal hearing is required, System Account holdings o f U.S. Govern­ further notice of such hearing will be FEDERAL RESERVE SYSTEM ment and Federal agency securities, ef­ duly given. FEDERAL OPEN MARKET COMMITTEE fective immediately, for the period end­ Under the procedure herein provided ing with the close of business on March for, unless otherwise advised, it will be Authorizations and Directives 20,1973. unnecessary for Applicant to appear or In accordance with § 271.5 of its rules Note.— For paragraph 1(a) of the authori­ be represented at the hearing. regarding availability of information, zation see 36 FR 22697. there are set forth below the following K e n n e th F . P lu m b , By order of the Federal Open Market Secretary. amendments to the Authorizations and Directives of the Committee: Committee, September 26, 1973. [FR Doc.73-20843 Filed 1 0-l-73 ;8 :45 am] 1. (a) Authorization A is amended by A rthur L . B roida, changing the heading to read “Authori­ Secretary. [Docket No. E-8224] zation for foreign currency operations”. [FR Doc.73-20831 Filed 10-1-73;8:45 am] SIERRA PACIFIC POWER CO. Note.— See 32 FR 9582. Notice of Amendment to Proposed Rate (b) The words “Authorization for sys­ FEDERAL OPEN MARKET COMMITTEE Schedule R tem foreign currency operations” ap­ Authorization for Domestic. Open Market S eptember 21, 1973. pearing in paragraphs 2C and 2D of the Operations Take notice that Sierra Pacific Power foreign currency directive are changed In accordance with § 271.5 of its rules Company of Reno, Nevada, on Septem­ to read “authorization for foreign cur­ regarding availability of information, ber 4,1973, tendered for filing an amend­ rency operations”. notice is given that on July 6, 1973, ment to its original Statements L, M, and paragraph 1(a) of the Committee’s au­ N to reflect corrections to the allocation Note.— See 32 FR 9582. thorization for domestic open market of the distribution of cost of service be­ (c) Paragraph 6 of the authorization operations was amended to increase from tween R -l Customers and R-2 Customers for foreign currency operations is $2 billion to $3 billion the limit on and an increase in the regulatory com­ amended to read as follows: . changes between Committee meetings in mission expenses. The original filing The Subcommittee named in § 272.4(c) of System Account holding of U.S. Govern­ in this proceeding was made on May 22, ment and Federal agency securities, ef­ 1973, notice on June 8, 1973, and a Com­ the Committee’s Rules of Procedure is au­ thorized to act on behalf of the Committee fective immediately, for the period end­ mission order suspending the proposed when it is necessary to enable the Federal rate increase and prescribing a hearing Reserve Bank of New York to engage in for­ ing with the close of business on July 17, was rendered on July 26, 1973. eign currency operations before the Com­ 1973. Sierra states that in the original filing mittee can be consulted. All actions taken by Note.— For paragraph 1(a) of the direc­ a portion of the distribution cost of serv­ the Subcommittee under this paragraph shall tive see 36 FR 22697. ice relative to the City of Fallon was al­ be reported promptly to the Committee. By order of the Federal Open Market located to R-2 Customers rather than Note.— See 32 FR 9582. R -l Customers. The Statements filed on Committee, September 26, 1973. September 4 reflect corrected allocation (d) Paragraph 10 of the authoriza­ tion for foreign currency operations is A rthur L. B roida, data. Secretary. Sierra further states that in the orig­ deleted. inal cost of service filing, the regulatory Note.— See 32 FR 9582. [FR Doc.73-20828 Filed 1 0-l-73 ;8 :45 am]

FEDERAL REGISTER, VOL. 38, N O . 190— TUESDAY, OCTOBER 2, 1973 27332 NOTICES

FEDERAL OPEN MARKET COMMITTEE new and more effective system of controls is CHARTERBANK, INC. developed. Phase III controls affecting wages, Authorization for System Foreign Currency profit margins, dividends, and interest rates Formation of Bank Holding Company Operations remain in effect. In foreign exchange mar­ Charterbank, Incorporated, Brockton, In accordance with § 271.5 of its rules kets, several European currencies have appre­ Massachusetts, has applied for the regarding availability of information ciated against the dollar by 7 to 10 percent since early May. The U.S. merchandise trade Board’s approval under section 3(a)(1) there is set forth below paragraph 2 of balance continued to improve in April, as o f the Bank Holding Company Act (12 the Committee’s Authorization for For­ exports other than agricultural products in­ U.S.C. 1842(a)(1)) to become a bank eign Currency Operations in the form creased sharply further and imports dipped. holding company through 'acquisition of that became effective July 10, 1973: Following relatively slow growth earlier in 80 percent or more of the voting shares The Federal Open Market Committee di­ the year, the narrowly defined money stock of Plymouth-Home National Bank, rects the Federal Reserve Bank of New York rose sharply in May and early June. Growth Brockton, Massachusetts. The factors to maintain reciprocal currency arrangements in consumer-type time and savings deposits changed little, while banks’ net sales of large- that are considered in acting on the ap­ (“swap” arrangements) for the System Open plication are set forth in section 3(c) of Market Account for periods up to a maximum denomination CD’s declined further. On of 12 months with the following foreign May 16 marginal reserve requirements were the Act (12 U.S.C. 1842(c)). banks, which are among those designated by imposed on large-denomination CD’s and The application may be inspected at the Board of Governors of the Federal Re­ the remaining Regulation Q ceilings on such the office of the Board of Governors or serve System under Section 214.5 of Regula­ CD’s were suspended. Business loan demands at the Federal Reserve Bank of Boston. tion N, Relations with Foreign Banks and have remained strong, and since riiid-May Any person wishing to comment on the Bankers, and with the approval of the Com­ short-term market interest rates have ad­ vanced considerably further. Interest rates application should submit his views in mittee to renew such arrangements on writing to the Reserve Bank, to be re­ maturity: on long-term market securities in general Am ount of have risen somewhat. On June 11 Federal ceived not later than October 11, 1973. arrangement Reserve discount rates were raised one-half Board of Governors of the Federal Re­ (millions of point to 6y2 percent. serve System, September 24,1973. Foreign bank dollars equivalent) In light of the foregoing developments, it is the policy of the Federal Open Market [ seal] T heodore E . A l l is o n , Austrian National Bank______250 Committee to foster financial conditions con­ Assistant Secretary of the Board. National Bank of Belgium______1,000 ducive to abatement of inflationary pres­ [FR Doc.73-20854 Filed 10-1-73;8:45 am] Bank of Canada______2, 000 sures, a more sustainable rate of advance in National Bank of Denmark______250 economic activity, and progress toward equi­ Bank of England______2,000 librium in the country’s balance of payments. FIDELITY AMERICAN BANKSHARES, INC. Bank of France______2,000 To implement this policy, while taking ac­ German Federal Bank______2, 000 count of international and domestic financial Order Approving Acquisition of Bank Bank of Italy______2,000 market developments, the Committee seeks Bank of Japan______2,000 to achieve bank reserve and money market Fidelity American Bankshares, Inc., Bank of Mexico______180 conditions consistent with somewhat slower Lynchburg, Virginia, a hank holding Netherlands Bank______500 growth in monetary aggregates over the company within the meaning of the Bank of Norway______250 months immediately ahead than appears in­ Bank Holding Company Act, has applied Bank of Sweden______300 dicated for the first half of the year. Swiss National Bank______1,400 for the Board’s approval under section Bank for .International Settlements: By order of the Federal Open Market 3(a) (3) of the Act (12 U.S.C. 1842(a) Dollars against Swiss francs_____ 600 Committee, September 26,1973. (3)) to acquire 100 percent of the voting Dollars against other European shares (less directors’ qualifying shares) currencies ______1,250 A rthur L. B roida, of Fidelity National Bank, Halifax Secretary. County, Virginia (Bank), a proposed new By order of the Federal Open Market [FR Doc.73-20832 Filed 10-l-73;8:45 am] bank. Committee, September 26, 1973. Notice of the application, affording op­ A rthur L. B roida, portunity for interested persons to sub­ Secretary. ALABAMA BANCORPORATION mit comments and views, has been given Acquisition of Bank in accordance with section 3(b) of the [FR Doc.73-20829 Filed 10-1-73; 8:45 am] Act. The time for filing comments and Alabama Bancorporation, Birming­ views has expired, and none has been FEDERAL OPEN MARKET COMMITTEE ham, Alabama, has applied for the timely received. The Board has consid­ Board’s approval under section 3(a) (3) Domestic Policy Directive of June 18-19, ered the application in light of the fac­ 1973 of the Bank Holding Company Act (12 tors set forth in section 3(c) of the Act U.S.C. 1842(a)(3)) to acquire 100 per­ (12 U.S.C. 1842(c)). In accordance with § 271.5 of its rules cent of the voting shares (less directors’ Applicant controls 11 banks with ag­ regarding availability of information, qualifying shares) of the successor by gregate deposits of $540 million, repre­ there is set forth below the Committee’s merger to Fort Payne Bank, Fort Payne, senting approximately 5 percent of de­ Domestic Policy Directive issued at its Alabama. The factors that are consid­ posits in commercial banks in Virginia.1 meeting held on June 18-19, 1973.1 ered in acting on the application are set Upon consummation of this proposal, forth in section 3(c) of the Act (12 Applicant intends to request permission The information reviewed at this meeting, U.S.C. 1842(c)). from the Comptroller of the Currency Including recent developments in industrial production, employment, and retail sales, The application may be inspected at to cause its lead bank, Fidelity National suggests that growth in economic activity the office of the Board of Governors or Ban^, Lynchburg, Virginia, to transfer to Is slowing in the current quarter from an at the Federal Reserve Bank of Atlanta. Bank the assets and the liabilities of the exceptionally rapid pace in the two preced­ ing quarters. The unemployment rate has Any person wishing to comment on the lead bank’s Halifax branch office. As remained at 5 percent. Wage rates have ad­ application should submit his views in a wholly owned subsidiary of Applicant, vanced moderately thus far this year, but the writing to the Secretary, Board of Gov­ Bank would be able to establish branch rise in both wholesale and retail prices has been exceptionally rapid. On June 13 the ernors of the Federal Reserve System, offices throughout Halifax County under President announced that prices will be W ashington, D.C. 20551, to be received Virginia law. The proposed transaction frozen for a maximum of 60 days while a not later than October 20, 1973.

1 The Record of Policy Actions of the Com­ Board of Governors of the Federal Re­ 1 All banking data are as of December 31, mittee for the meeting of June 18-19, 1973, serve System, September 24, 1973. 1972. Applicant has received approval to es­ is filed as part of the original document. tablish a de novo bank in Williamsburg, [ seal] T heodore E . A l l is o n , Copies are available on request to the Board Virginia, and has pending an application to of Governors of the Federal Reserve System, Assistant Secretary of the Board. acquire another de novo bank in Roanoke Washington, D.C. 20551. [FR Doc.73-20853 Filed 10-l-73;8:45 am] County, Virginia.

FEDERAL REGISTER, VOL. 38, NO . 190— -TUESDAY, OCTOBER 2, 1973 NOTICES 27333 essentially constitutes, therefore, a reor­ scribed in (b) and (c) may be extended appear to have a substantially adverse ganization by Applicant whereby its for good cause by the Board, or by the effect on existing competiton. Nor does present branch facility would become a Federal Reserve Bank of Richmond pur­ the Board find that there would be a wholly owned subsidiary with full suant to delegated authority. substantially adverse effect on future branching privileges. competition caused by Applicant’s acqui­ By order of the Board of Governors,8 sition of Bank, particularly in light of The main office of Bank is proposed effective September 24,1973. to be located in the Centerville area of Alabama’s laws relating to branching. Halifax County. The relevant market [ seal] C hester B. F eldberg, Applicant also has a mortgage banking includes the city of South Boston and Secretary of the Board. subsidiary in Huntsville. However, this the entire county of Halifax. Applicant’s [PR Doci73-20851 Piled 10-1-73; 8:45 am] subsidiary has not been active in Lime­ banking subsidiary located closest to the stone County, making only one loan there proposed location of Bank is the Clarkes- during the entire year o f 1972. Consum­ ville, Virginia, branch of Applicant’s lead FIRST ALABAMA BANCSHARES, INC. mation of the transaction would not bank, located in a separate banking mar­ Order Approving Acquisition of Bank eliminate substantial existing or future ket 25 miles southeast of Bank’s pro­ competition in mortgage banking. The First Alabama Bancshares, Inc., Bir­ Board concludes that competitive con­ posed location. mingham, Alabama, a bank holding com­ In addition to Applicant’s Halifax siderations of the application are con­ pany within the meaning of the Bank sistent with approval. branch office which is intended to be Holding Company Act, has applied for absorbed by Bank, two other banking or­ The financial condition, managerial ganizations are located in Bank’s pro­ the Board’s approval under section resources, and future prospects of Appli­ posed market and control approximately 3(a) (3) of the Act (12U.S.C. 1842(a) (3)) cant, its subsidiary banks, and Bank are to acquire the successor by merger to satisfactory. Affiliation with Applicant 46 and 28 per cent, respectively, of mar­ First National Bank of Athens, Athens, ket deposits. The State’s largest banking should provide Bank with greater man­ organization has received approval to ac­ Alabama (Bank). The bank into which agement depth and continuity, and this Bank is to be merged has no significance factor lends some support for approval quire the smaller of these two competing except as a means to facilitate the ac­ banks. In view of the nature of the sub­ of the application. Considerations relat­ ject transaction, which will substitute quisition of the voting shares of Bank. ing to the convenience and needs of the Bank, for a branch office of one of Appli­ Accordingly, the proposed acquisition of community to be served also lend sup­ cant’s subsidiary banks, the transaction shares of the successor organization is port for approval of the application since would not have any adverse effect on treated herein as the proposed acquisi­ Applicant will enable Bank to provide an existing competition nor on the con­ tion of the shares of Bank. increased range of services. In its con­ centration of banking resources in any Notice of the application affording op­ sideration of Applicant’s proposal, the relevant area. Moreover, the ability of portunity for interested persons to sub­ Bqard has noted covenants not to com­ Bank to branch throughout the market mit comments and views has been given pete given Applicant by Bank’s Direc­ should enable Applicant, through Bank, in accordance with section 3(b) of the tors. The covenants bind the Directors to compete more effectively with the Act. The time for filing comments and not to enter the banking business in the larger banking organization located in views has expired, and the Board has city of Athens for a period of five years. Halifax County, and thereby stimulate considered the application and all com­ The Board finds that these provisions competition and economic development ments received in light of the factors are reasonable and do not constitute a in that county. set forth in section 3(c) of the Act (12 bar to approval of the application. The The financial and managerial re­ U.S.C. 1842(c))-. Board finds that consummation of the sources of Applicant and its subsidiary Applicant controls six banks with ag­ transaction is in the public interest. banks are regarded *as satisfactory and gregate deposits o f $702.3 million, rep­ On the basis of the record8 the Appli­ prospects for the group appear favorable. resenting about 10.5 percent of total de­ cation is approved for the reasons sum­ Bank has no operating history; however, posits of commercial banks in Alabama.1 marized above. The transaction shall not upon acquisition o f thie assets and as­ Acquisition of Bank (deposits of $25.6 be consummated (a) before the thirtieth sumption of the Liabilities of Applicant’s million) would not significantly increase calendar date following the effective date Halifax subsidiary branch office, Bank the concentration of banking resources of this Order or (b) later than three will acquire an established profitable base in the State. months after the effective date of this and experienced managerial personnel Bank is the largest of two banking or­ Order unless such period is extended for with which to initiate operations and it ganizations located in Limestone County, good cause by the Board or by the Fed­ appears, therefore, that Bank’s prospects which is the relevant banking market, eral Reserve Bank of Atlanta pursuant are favorable. Furthermore, because the with approximately 60 percent of the to delegated authority. Halifax County-South Boston area has a market deposits. However, the smaller By order of the Board of Governors,* population to banking office ratio above banking organization in the market is a effective September 21, 1973. the State average, Bank’s ability to branch of a bank which is a subsidiary of branch throughout the area should in­ [seal] Chester B. F eldberg, one of the largest holding companies in Secretary of the Board. crease the availability of funds and bank­ Alabama. It is unlikely that Applicant’s ing services in this market. Considera­ acquisition of Bank would enable it to [FR Doc.73-20852 Filed 10-1-73;8:45 am] tions relating to the convenience and obtain a dominant position in the mar­ needs of the area, therefore, add some ket in view of this affiliation. Applicant’s weight toward approval of this closest banking subsidiary is located to FIRST ALABAMA BANCSHARES, INC. application. .the east in Huntsville, about twenty miles Order Approving Acquisition of Bank It is the Board’s judgment that the distant. Though some residents of Lime­ First Alabama Bancshares, Inc., Bir­ proposed acquisition would be in the pub­ stone County commute to work in Hunts­ mingham, Alabama, a bank holding com­ lic interest and that the application ville and the surrounding area, there pany within the meaning of the Bank should be approved. seems to be little overlap between the On the basis of the Record, the appli­ two areas for deposits and loans. Con­ cation is approved for the reasons sum­ summation of this transaction would not 2 Dissenting Statement of Governor Mitch­ marized above. The transaction shall not ell filed as part of the original document. be consummated (a) before the thirtieth Copies available upon request to the Board calendar day following the effective date 2 Voting for this action: Vice Chairmanof Governors of the Federal Reserve System, Mitchell and Governors Brimmer, Sheehan, Washington, D.C. 20551, or to the Federal of this Order or (b) later than three and Holland. Absent and not voting:'Chair­ Reserve Bank of Atlanta. months after that date, and (c) Fidelity man Burns and Governors Daane and Bucher. 8 Voting for this action: Chairman Burns National Bank, Halifax County, Virginia, 1 All banking data are as of December 31,and Governors Daane, Bucher, and Holland. shall be 6pened for business not later 1972, and reflect holding company formations Voting against this action: Governor Mitch­ than six months after the effective date and acquisitions by the Board through July ell. Absent and not voting: Governors Brim­ of this Order. Each of the periods de­ 31, 1973. mer and Sheehan.

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 27334 NOTICES

Holding Company Act, has applied for The financial and managerial resources proval under section 3 (a) (3) of the Bank the Board’s approval under section 3(a) and future prospects of Applicant, its Holding Company Act (12 U.S.C. 1842(a) (3) of the Act (12 U.S.C. 1842(a) (3)) to subsidiaries, and Bank are generally sat­ (3)) to acquire 80 percent or more of the acquire 80 percent or more of the voting isfactory. Considerations relating to the voting shares of The CitizensBank of shares of the successor by merger to convenience and needs of the community Gerald, Gerald, Missouri (Bank). Citizens Bank of Guntersville, Gunters- are consistent with approval. It is the Notice of the application, affording op­ ville,- Alabama. The bank into which Board’s judgment that consummation of portunity for interested persons to sub­ Bank is to be merged has no significance the proposed transaction would be in the mit comments and views, has been given except as a means to facilitate the acqui­ public interest, and that the application in accordance with section 3(b) of the sition of the voting shares of Bank. Ac­ should be approved. Act. The time for filing comments and cordingly, the proposed, acquisition of On the basis of the record,8 the appli­ views has expired, and the Board has shares of the successor organization is cation is approved for the reasons sum­ considered the application and all com­ treated herein as the proposed acquisi­ marized above. The transaction shall not ments received in light of the factors set tion of the shares of Bank. be consummated (a) before the thirtieth forth in section 3(c) o f the A ct (12 U.S.C. Notice of the application, affording calendar day following the effective date 1 84 2(c)). opportunity for interested persons to of this Order or (b) later than three The State Bank of Bay, Bay, Missouri submit comments and views, has been months after the effective date of this (Protestant), objected to the proposal. given in accordance with section 3(b) of Order, unless such period is extended for Protestant states that Applicant’s ac­ the Act. The time for filing comments good cause by the Board, or by the Fed­ quisition of Bank, together with Appli­ and views has expired, and none has eral Reserve Bank of Atlanta pursuant cant’s alleged control of the State Bank been timely received. The Board has con­ to delegated authority. of Hermann, Hermann, Missouri (Her­ sidered the application in light of the mann Bank), would substantially restrict factors set forth in section 3(c) of the By order of the Board of Governors,* effective September 21, 1973. competition and would have an adverse Act (12 U.S.C. 1842(c)). effect on Protestant. Bank and Hermann Applicant, the second largest banking [ seal] C hester B. F eldberg, Bank compete in separate banking organization in Alabama, controls six Secretary of the Board. markets and are located approximately banks with aggregate deposits of $702.3 [FR Doc.73-20855 Filed 10-1-73:8:45 ami 30 miles apart. In addition, there are a million, which represent 10.3 percent o f number of banks that compete in the total deposits in commercial banks in the intervening area. In view of these facts, State.1 Consummation of the proposed FIRST AT ORLANDO CORP. the Board finds that Applicant’s acquisi­ transaction would add .20 percentage tion of Bank would not substantially points to Applicant’s share of total com­ Acquisition of Bank lessen competition in the areas served by mercial bank deposits in Alabama and First At Orlando Corporation, Orlando, either Bank or Hermann Bank. Further, would not change Applicant’s ranking Florida, has applied for the Board’s ap­ since Protestant is located approximately among banking organizations in the proval under section 3(a) (3) of the Bank 18 miles from Hermann Bank and 20 State. Holding Company Act (12 U.S.C. 1842 miles from Bank, it does not appear that Bank, the fifth largest of nine banks (a) (3)) to acquire 90 percent or more consummation of this proposal would ad­ in the Marshall County banking market of the voting shares of The Palmetto versely affect Protestant. (approximated by Marshall County, Ala­ Bank and Trust Co., Palmetto, Florida. Applicant controls one bank with bama), controls 11.3 percent of total de­ The factors that are considered in act­ deposits of $43.6 million,1 representing posits in commercial banks in that ing on the application are set forth in less than 1 percent of total deposits in market.2 Applicant’s nearest banking section 3(c) of the Act (12 U.S.C. commercial banks in Missouri. Appli­ subsidiary is located at Huntsville, Ala­ 184 2(c)). cant’s acquisition of Bank (deposits of bama, approximately 40 miles from The application may be. inspected at $6.5 m illion) would not result in any Bank. No meaningful competition exists the office of the Board of Governors or significant increase in the concentration between Bank and any of Applicant’s at the Federal Reserve Bank of Atlanta. of banking resources in the State. present subsidiaries; nor does it appear Any person wishing to comment on the Bank is the seventh largest of eleven likely that such competition will develop application should submit his views in banks competing in its market area.2 con­ in the future, in view of the distances writing to the Secretary, Board of Gov­ trolling 5.5 percent of total deposits in involved, the number of intervening ernors of the Federal Reserve System, commercial banks in that market. Since banks, and Alabama’s restrictive branch­ Washington, D.C. 20551, to be received Applicant’s subsidiary bank is located ap­ ing laws. In addition, Marshall County’s not later than October 21, 1973. proximately 65 miles from Bank, no relatively low population per bank office significant existing competition would be ratio indicates that de novo entry into Board of Governors of the Federal Re­ eliminated upon consummation of this the Marshall County banking market is serve System, September 25, 1973. proposal. Due to the distance separating not a likely prospect. [ seal] T heodore E . A l lis o n , Bank from Applicant’s subsidiary bank In its consideration of Applicant’s pro­ Assistant Secretary of the Board. and Missouri’s restrictive branching laws, posal the Board has considered the ques­ it is unlikely that any significant com­ tion of whether a covenant not to com­ [FR Doc.73-20859 Filed 10-1-73;8:45 am] petition between the two institutions pete contained in a proposed Plan of Re­ would develop in the future. The Board organization between Applicant and the FIRST BANC GROUP, INC. finds that consummation of the proposal present directors of Bank is contrary to would have no adverse effect on existing the standards respecting competition and Order Approving Acquisition of Bank or potential competition. the public interest which the Board is First Banc Group, Inc., Creve Coeur, The financial and managerial re­ required to consider under the Bank Missouri, has applied for the Board’s ap- sources and future prospects of Appli­ Holding Company Act. Having reviewed cant, its subsidiary bank, and Bank are subject covenant and all facts of record* 3 Dissenting Statement of Governorsgenerally satisfactory and consistent the Board finds that the covenant is con­ Mitchell and Brimmer filed as part of the with approval of the application. Al­ sistent with such standards; and its original document. Copies available upon re­ though there is no evidence in the record presence in the record does not require quest to the Board of Governors of the Fed­ denial of the application. eral Reserve System, Washington, D.C. 20551, or to the Federal Reserve Bank of Atlanta. 1 Banking data are as of December 31, 1972, 1 Unless otherwise indicated, banking data * Voting for this action: Governors Daane, adjusted to reflect bolding company forma­ are as of December 31, 1972, adjusted to re­ Sheehan, Bucher, and Holland. Voting tions and acquisitions through May 31, 1973. flect heading company acquisitions and for­ against this action: Vice Chairman MitcheU 3 Bank’s market area is approximated by mations approved through July 19,1973. and Governor Brimmer. Absent and not vot­ the western two-thirds of Franklin and the 3 Data as of June 30, 1972. ing: Chairman Burns. southern half of Gasconade Counties.

FEDERAL REGISTER, VOL. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 NOTICES 27335 to indicate that the banking needs of the ernors of the Federal Reserve System, Company was acquired by Applicant in area are currently not being met by Washington, D.C. 20551, to be received 1970. Although at the time of acquisition existing financial institutions, Applicant not later than October 11,1973. both Bank and Company were engaged in proposes, to offer trust services to Bank’s Board of Governors of the Federal Re­ construction lending and one-to-four customers on a referral basis. Considera­ serve System, September 24,1973. unit residential financing, no significant tions relating to the convenience and competition existed between Bank and needs of the community to be served are [ seal] T heodore E. A l l is o n , Company in any lines of activity. For the consistent with approval of the applica­ Assistant Secretary of the Board. year 1969, Bank’s construction loan ac­ tion. It is the Board’s judgment that con­ [FR Doc.73-20857 Filed 10-l-73;8:45 am] tivities represented approximately 23 summation of the proposed transaction percent of the market total and, for the would be in the public interest and that same period, Company’s construction the application should be approved. FIRST NATIONAL HOLDING CORP. loan activities represented an insignifi­ Through subsidiary companies formed Order Approving Retention of Tharpe & cant amount (less than .1 percent) of or acquired prior to December 31, 1970, Brooks Incorporated the market total. Bank’s mortgage lend­ Applicant is also engaged in the non­ ing activities on one-to-four unit resi­ banking activities of owning land and First National Holding Corp., Atlanta,. dences in 1969 constituted .3 percent of providing data processing services. In Georgia, a bank holding company within the market while Company’s mortgage making its determination herein, the the meaning of the Bank Holding Com­ lending activities represented approxi­ Board has relied upon a finding that the pany Act, has applied for the Board’s mately 3 percent of mortgages recorded combination of an additional subsidiary approval, under section 4(c) (8) of the in the Atlanta SMSA for the year 1969.® bank with Applicant’s existing nonbank­ Act and section 225.4(b)(2) of the Board’s Regulation Y, to retain all of The Atlanta area experienced rapid ing subsidiaries is unlikely to have an growth in mortgage lending activities adverse effect upon the pubic interest at the voting shares of Tharpe & Brooks In­ corporated, Atlanta, Georgia (Com­ during the 1968-1972 period and con­ the present time. However, Applicant’s tinues to be characterized by the presence banking and. nonbanking activities re­ pany), a company that engages in the activities of making or acquiring real es­ of many lenders and a large lending vol­ main subject to Board review and the ume. In 1969 more than 110 financial Board retains authority to require Ap­ tate loans for its own account or for the account of others; servicing real estate institutions recorded $636.8 m illion of plicant to modify or terminate its non­ mortgage loans in the area. For the year banking activities or holdings if the loans and acting as insurance agent or broker selling credit life, accident and 1972, the volume of total mortgage loans Board at any time determines that the recorded was more than double the 1969 combination of Applicant’s banking and health insurance related to extensions of credit serviced by Company. Such activi­ total. nonbanking activities is likely to have In view of the rapid growth of housing adverse effects on the public interest. ties have been determined by the Board to be closely related to banking (12 CFR and mortgage loan demand in the At­ On the basis of the record, the appli­ 225.4(a)(1), (3), and (9)). lanta area, it appears likely, absent its cation is approved for the reasons sum­ Notice of the application, affording op­ acquisition of Company, that Applicant marized above. The transaction shall would have expanded its mortgage lend­ not be consummated (a) before the portunity for interested persons to sub­ mit comments and views on the public ing activities either de novo or through thirtieth calendar day following the ef­ acquisition of a firm smaller than Com­ fective date of this Order or (b) later interest factors, has been duly published (38 FR 13581). The time for filing com­ pany. However, the availability of such than three months after the effective alternatives is mitigated by the fact that date of this Order, unless such period is ments and views has expired, and none has been timely received. Applicant’s acquisition of Company did extended for good cause by the Board, or not give Applicant a dominant position by the Federal Reserve Bank of St. Louis Applicant controls one bank, The First in the relevant mortgage market, nor a pursuant to delegated authority. National Bank of Atlanta, Atlanta, Geor­ market share so great as to preclude the gia (Bank) with deposits of $1,030 mil­ development of competition through the By order of the Board of Governors,8 lion,1 representing about 10 percent of effective September 24,1973. entry of other mortgage lenders into the total deposits in commercial banks in area. In 1969, the country’s fourth, [ seal] C hester B . F eldberg, Georgia. Bank operates primarily in the eighth, ninth, twelfth, and fifteenth /SSecretary of the Board. Atlanta SMSA and, in addition to its largest mortgage companies had offices in [FR Doc.73-20856 Filed 10-1-73;8:45 am] other banking services, provides con­ the Atlanta SMSA, and by 1972 six more struction loans and permanent financing of the nation’s top 20 mortgage com­ services on residential and income prop­ panies opened offices in the area. FIRST NATIONAL FINANCIAL CORP. erties. Applicant’s nonbanking subsidi­ aries, in addition to Company, are The demand for mortgage lending Acquisition of Bank engaged in providing financial services services and the continued presence of First National Financial Corporation, including consumer financing, second a large number of financial organizations Kalamazoo, Michigan, has applied for mortgage loans, advising a real estate engaged in mortgage lending indicate the Board’s approval under section 3(a) investment trust, computer services and that acquisition of Company by Appli­ (3) of the Bank Holding Company Act factoring services. cant did not have significant anticom­ petitive effects. Moreover, public benefits (12 U.S.C. 1842(a)(3)) to acquire 100 Company (assets approximately $66 percent of the voting shares of the suc­ would appear to result from Applicant’s million, as of December, 1972) maintains retention of Company since Applicant’s cessor by consolidation to The Moline its main office in Atlanta, Georgia and State Bank, Moline, Michigan. The fac­ continued support should enable Com­ operates nine other branch offices in pany to continue to expand its mortgage tors that are considered in acting on the Georgia and has received approval to application are set forth in section 3(c) banking services in the Atlanta area and of the Act (12 U.S.C. 1842(c)). operate an office in Orlando, Florida. For into new markets. These public benefits outweigh any possible adverse effects of The application may be inspected at the year 1972, Company ranked fourth among mortgage companies (over 51) acquisition and retention of Company the office of the Board of Governors or by Applicant. at the Federal Reserve Bank of Chicago. operating in the Atlanta market in terms Any person wishing to comment on the of value of mortgage recordings. Com­ Based upon the foregoing and other application should submit his views in pany’s mortgage servicing portfolio as of considerations reflected in the record, writing to the Secretary, Board of Gov- June, 1972 totaled $372 m illion and was the Board has determined that the bal­ the 56th largest among mortgage com­ ance of the public interest factors the 8 Voting for this action: Vice Chairman panies in the country. Mitchell and Governors Brimmer, Sheehan, 2 For the year, the mortgage lending activi­ and Holland. Absent and not voting: Chair--, ties of Bank and Company together repre­ man Burns and Governors Daane and ‘ AH banking data are as of December 31. sented approximately 1.4 percent of the total Bucher. 1972. of mortgages recorded in the Atlanta SMSA.

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 27336 NOTICES

Board Is required to consider under sec­ Board’s approval under section 3(a) (3) Board of Governors of the Federal tion 4(c) (8) is favorable. Accordingly, of the Bank Holding Company Act (12 Reserve System, September 24, 1973. the application is hereby approved. This U.S.C. 1842(a) (3)) to acquire 90 percent [ seal] T heodore E . A l l is o n , determination is subject to the condi­ or more of the voting shares of Long­ Assistant Secretary of the Board. tions set forth in section 225.4(c) of Reg­ view National Bank, Longview, Texas. ulation Y and to the Board’s authority The factors that are considered in act­ [FR Doc.73-20862 Filed 10-l-73;8:45 am] to require such modification or termina­ ing on the application are set forth in tion of the activities of a holding com­ section 3(c) of the Act (12 U.S.C. pany or any of its subsidiaries as the 1 8 4 2 (c)). OLD KENT FINANCIAL CORP. Board finds necessary to assure compli­ The application may be inspected at Acquisition of Bank ance with the provisions and purposes of the office of the Board of Governors or Old Kent Financial Corporation, Grand the Act and the Board’s regulations and at the Federal Reserve Bank of Dallas. Rapids, Michigan, has applied for the orders issued thereunder, or to prevent Any person wishing to comment on the Board’s approval under section 3(a) (3) evasion thereof. application should submit his views in of the Bank Holding Company Act (12 By order of the Board of Governors,* writing to the Secretary, Board of Gov­ U.S.C. 1842(a)(3)) to acquire 100 per­ effective September 24, 1973. ernors of the Federal Reserve System, cent of the voting shares (less directors’ Washington, D.C. 20551, to be received qualifying shares) of the successor by [ seal] C hester B. P eldberg, not later than October 20, 1973. merger to the National Lumberman’s Secretary of the Board. Board of Governors of the Federal Re­ Bank and Trust Company, Muskegan, [FR Doc.73-20858 Filed 10-l-73;8:45 am] serve System, September 24, 1973. Michigan. The factors that are con­ sidered in acting on the application are [ seal] T heodore E. A l l is o n , set forth in section 3(c) of the Act (12 FIRST TENNESSEE NATIONAL CORP. Assistant Secretary of the Board. U.S.C. 1842(c)). Acquisition of Bank [FR Doc.73-2.0861 Filed 10-1-73;8:45 am] The application may be inspected at the office of the Board of Governors or First Tennessee National Corporation, at the Federal Reserve Bank of Chicago. has applied for the Board’s approval FIRST UNITED BANCORPOr ATION, INC. Any person wishing to comment on the under section 3(a) (3) of the Bank Hold­ Proposed Acquisition of Bankers Computer application should submit his' views in ing Company Act (12 U.S.C. 1842(a) (3)) Services, Inc. writing to the Secretary, Board of Gov­ to acquire 100 percent of the voting ernors of the Federal Reserve System, shares of the successors by merger to (1) First United Bancorporation, Inc., Fort Worth, Texas, has applied pursu­ Washington, D.C. 20551, to be received National Bank of Murfreesboro, Mur­ not later than October 20, 1973. freesboro, Tennessee and (2) Sumner ant to section 4(c) (8) of the Bank Hold­ County Bank & Trust Co., Gallatin, Ten­ ing Company Act (12 U.S.C. 1843(c) (8)) Board of Governors of the Federal nessee. The factors that are considered and section 225.4(b) (2) of the Board’s Reserve System, September 24, 1973. in acting on the applications are set forth Regulation Y, for permission to acquire voting shares of Bankers Computer Serv­ [seal] T heodore E . A l l is o n , in section 3(c) of the Act (12 U.S.C. 1842 Assistant Secretary of the Board. (c)). ices, Inc., Longview, Texas. Notice of the application was published on May 25, [FR Doc.73-20864 Filed 10-l-73;8:45 am] First Tennessee National Corporation’s 1973 in Longview Daily News, a news­ subsidiaries are also engaged in the fol­ paper circulated in Longview, Texas. lowing nonbank activities: Acting as re­ SOUTHEAST BANKING CORP. insurer for underwriters of credit life in­ Applicant states that the proposed sub­ surance; and acting as a mortgage broker sidiary would engage in the activities of Order Approving Acquisition of Bank which manages real estate for others and data processing of demand deposits, in­ Southeast Banking Corporation, develops real estate. In addition to the stallment loans, and other similar bank­ Miami, Florida, a bank holding company factors considered under section 3 of the ing financial or related economic data. within the meaning of the Bank Holding Act (banking factors), the Board will Such activities have been specified by Company Act, has applied for the Board’s consider the proposal in the light of the the Board in section 225.4(a) of Regula­ approval under section 3(a) (3) of the company’s nonbanking activities and the tion Y as permissible for bank holding Act (12 U.S.C. 1842(a) (3)) to acquire 80 provisions and prohibitions in section 4 companies, subject to Board approval of percent or more of the voting shares of of the Act (12 U.S.C. 1843). individual proposals in accordance with Southeast National Bank of Manatee, The applications may be inspected at the procedures of section 225.4(b). Manatee County, Florida (Bank), a pro­ Interested persons may express their posed new bank.1 the office of the Board of Governors or views on the question whether consum­ at the Federal Reserve Bank of St. Louis. Notice of the application, affording op­ Any person wishing to comment on the mation of the proposal can “reasonably portunity for interested persons to sub­ applications should submit his views in be expected to produce benefits to the mit comments and views, has been given public, such, as greater convenience, in­ in accordance with section 3(b) of the writing to the Secretary, Board of Gov­ creased competition, or gains in effi­ ernors of the Federal Reserve System, Act. The time for filing comments and ciency, that outweigh possible adverse views has expired, and the Board has Washington, D.C. 20551, to be received effects, such as undue concentration of not later than October 20, 1973. considered the application and all com­ resources, decreased or unfair competi­ ments received in light of the factors set Board of Governors of the Federal Re­ tion, conflicts of interests, or unsound forth in section 3(c) of the Act (12 U.S.C. serve System, September 24, 1973. banking practices.” Any request for a hearing on this question should be ac­ 184 2(c)). [ seal] T heodore E . A l l is o n , Applicant, the largest banking organi­ Assistant Secretary of the Board. companied by a statement summarizing the evidence the person requesting the zation in Florida and the second largest [FR Doc.73-20860 Filed 10-1-73;8:45 ami hearing proposes to submit or to elicit at in the Manatee County Banking Market the hearing and a statement of the rea­ (approximated by Manatee County, Flor­ sons why this matter should not be re­ ida) , controls 23 banks with aggregate FIRST UNITED BANCORPORATION, INC. solved without a hearing. deposits of about $1.6 billion, which rep­ Acquisition of Bank The application may be inspected at resents .approximately 8.3 percent o f total the offices of the Board of Governors or deposits in commercial banks in Flor­ First United Bancorporation, Inc., ida and about 22.1 percent o f all such Fort Worth, Texas, has applied for the at Federal Reserve Bank of Dallas. Any views or requests for hearing 1 The Comptroller of the Currency granted »Voting for this action: Vice Chairman should be submitted in writing and re­ preliminary approval to the charter applica­ Mitchell and Governors Brimmer, Sheehan, ceived by the Secretary, Board of Gov­ tion in the name of Southside National Bank and Holland. Absent and not voting: Chair­ ernors of the Federal Reserve System, of Manatee County. However, Applicant ex­ man Burns and Governors Daane and Washington, D.C. 20551, not later than pects to change the name to Southeast Na­ Bucher. October 20, 1973. tional Bank of Manatee.

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 NOTICES 27337 deposits in the Manatee County bank­ By order of the Board of Governors,4 Board of Governors of the Federal Re­ ing market.2 Since Bank is a proposed effective September 24,1973. serve System, September 24, 1973. new bank, consummation of the proposed [ seal] C hester B. F eldberg, [seal] T heodore E. A l l is o n , acquisition would neither eliminate ex­ Secretary of the Board. Assistant Secretary of the Board. isting competition nor increase immedi­ ately Applicant’s share of commercial [FR Doc.73-20866 Filed 10-l-73;8:45 am] [FR Doc.73-20868 Filed 10-l-73;8:45 am] bank deposits either in Florida or in the UNITED FIRST FLORIDA BANKS, INC. Manatee County market. TWIN GATES CORP. AND Acquisition of Bank Bank would become the twelfth bank NORTHERN STATES BANCORPORATION, serving the Manatee County banking INC. United First Florida Banks, Inc., Tampa, Florida, has applied for the market and the third such bank to com­ Acquisition of Banks mence business during calendar year Board’s approval under section 3(a) (3) 1973. Both population and total commer­ Twin Gates Corporation, Wilmington, of the Bank Holding Company Act (12 cial bank deposits have grown rapidly in Delaware and Nothem States Bancorpo- U.S.C. 1842(a) (3)) to acquire 85 percent Manatee County in recent years; and ration, Inc., Detroit, Michigan have ap­ or more of the voting shares of Marine continued commercial and residential de­ plied for the Board’s approval under Bank of Kissimmee, Kissimmee, Florida. velopment is anticipated.8 Moreover, the section 3(a) (3) of the Bank Holding The factors that are considered in acting population of Bank’s proposed service Company Act (12 U.S.C. 1842(a)(3)) to on the application are set forth in sec­ area—an area surrounding the new acquire 100 percent of the voting shares tion 3(c) of the Act (12 U.S.C. 1842(c)). DeSoto Square Mall in southern Manatee of First National Bank of Lake City, The application may be inspected at County—has grown more rapidly in Lake City, Michigan. Twin Gates Corpo­ the office of the Board of Governors or recent years than has the population of ration is a Bank Holding Company by at the Federal Reserve Bank of Atlanta. Manatee County as a whole. Bank’s pro­ virtue of its ownership of 14.2 percent of Any person wishing to comment on the posed service area overlaps that of one the outstanding shares of Northern application should submit his views in of Applicant’s subsidiaries, Manatee Na­ States Bancorporation, Inc. The factors writing to the Secretary, Board of Gov­ tional Bank of Bradenton, located ap­ that are considered in acting on the ap­ ernors of the Federal Reserve System, proximately three miles away. However, plications are set forth in section 3(c) of Washington, D.C. 20551, to be received four competing banks are located within the Act (12 U.S.C. 1842(c)). not later than October 20, 1973. three miles of Bank’s proposed site, in­ The applications may be inspected at Board of Governors of the Federal Re­ cluding two which are subsidiaries of the the office of the Board of Governors or at serve System, September 24, 1973. sixth and eighth largest banking organi­ the Federal Reserve Bank of Chicago. zations in Florida. Accordingly, the Any person wishing to comment on the [ seal] T heodore E. A l l is o n , Board concludes that consummation of applications should submit his views in Assistant Secretary of the Board. the proposed transaction would not ad­ writing to the Secretary, Board of Gov­ [FR Doc.73-20867 Filed 10-l-73;8:45 am) versely affect competition in any relevant ernors of the Federal Reserve System, area. Washington, D.C. 20551, to be received NATIONAL RESEARCH COUNCIL The financial and managerial re­ not later than October 14,1973. sources and future prospects of Appli­ Board of Governors of the Federal Re­ CONFERENCE ON HEALTH EFFECTS OF cant and its present subsidiary banks serve System, September 25,1973 AIR POLLUTANTS are generally satisfactory; and future Notice of Program [ seal] T heodore E. A l l is o n , prospects for Bank are considered favor­ Assistant Secretary of the Board. Washington—Increasing public con­ able. Considerations relating to the con­ [FR Doc.73-20865 Filed 10-1-73;8:45 am] cern over the health effects of air pollu­ venience and needs of the communities tion led the Congress in 1970 to pass the to be served are consistent with approval. Clean Air Act. It is the Board’s judgment that the pro­ posed acquisition is in the public interest UNITED FIRST FLORIDA BANKS, INC. ' Implementation of the measure has, in and that the application should be Acquisition of Bank turn, led to increasing public concern over the costs of clean air. approved. United First Florida Banks, Inc., On the basis of the record, the appli­ And this circumstance has led the Tampa, Florida, has applied for the Congress, in 1973, to Seek the most up- cation is approved for the reasons sum­ Board’s approval under section 3(a)(3) marized above. The transaction shall not to-date data available on the actual ef­ of the Bank Holding Company Act (12 fects on human health of specific atmos­ be consummated (a) before the thirtieth U.S.C. 1842(a) (3)) to acquire 90 percent calendar day following the effective date or more of the voting shares of Boynton pheric pollutants—and, quite possibly, to of this Order or (b) later than three Beach First National Bank and Trust, reevaluate the standards for air quality months after that date, and (c) South­ Boynton Beach, Florida. The factors that that have been established by current east National Bank of Manatee, Mana­ are considered in acting on the applica­ legislation. tee County, Florida, shall be opened for tion are set forth in section 3(c) of the A first step has been a contract be­ business not later than six months after Act (12 U.S.C. 1842(c)). tween the Senate Committee on Public the effective date of this Order. Each Works, responsible for anti-pollution The application may be inspected at legislation, and the National Academy of of the periods described in (b) and (c) the office of the Board of Governors or may be extended for good cause by the Sciences for a conference on health ef­ at the Federal Reserve Bank of Atlanta. fects of air pollutants to be held Octo­ Board, or by the Federal Reserve Bank of Any person wishing to comment on the ber 3-5 at the Academy, 2101 Constitu­ Atlanta pursuant to delegated authority. application should submit his views in writing to the Secretary, Board of Gov­ tion Avenue NW. ernors of the Federal Reserve System, The purpose of the conference will be to examine relevant data, evaluate their 2 Banking data are as of December 31, 1972, Washington, D.C. 20551, to be received adjusted to reflect holding company acquisi­ reliability, and point out critical gaps in tions and formations approved through not later than October 20, 1973. knowledge. It is being organized by the July 11, 1973. Assembly of Life Sciences of the Na­ 3 See the Board’s Order of March 6, 1973 ‘ Voting for this action: Vice Chairman tional Research Council. (38 F ederal R egister 6 9 2 6 ), approving the Mitchell and Governors Brimmer, Sheehan, Conference participants will discuss application of Ellis Banking Corporation to and Holland. Absent and not voting: Chair­ acquire First Security Bank, Bradenton, man Burns and Governors Daane and carbon monoxide, sulfur oxides, particu­ Florida. Bucher, lates, nitrogen oxides, and hydrocarbons

FEDERAL REGISTER, VOL. 38, N O . 190— TUESDAY, OCTOBER 2, 1973 No. 190-----9 27338 NOTICES

and oxidants—all the substances for 10:0 0 ______Sampling and Analysis—Ber­ held at 9 a.m. on October 24 and at 8:30 which national ambient air quality nard E. Saltzman, Kettering standards have been set. Topics covered Laboratory, University of a.m. on October 25,1973, at 1800 G Street will include: effects of the pollutants on Cincinnati College of Medi­ NW., Washington, D.C. 20550 (room human physiology and behavior, muta­ cine. numbers are indicated in the agenda ■ 1 0:3 0 ______below) » genic and carcinogenic effects, and ex­ Invited Discussion — Elliot Goldstein, Department of The purpose of this Panel is to pro­ trapolation of animal studies to humans. Internal Medicine, Univer­ A copy of the program is set forth below. vide advice and recommendations as part sity of California, Davis. of the review and evaluation process for 1 1 :0 0 ______Open discussion. Program——C onference on Health Effects of Session 4__ specific proposals and projects and to ad­ Air P ollutants Hydrocarbons and Oxidants. Moderator.. Herschel E. Griffin, University vise the Foundation of the impact of its WEDNESDAY, OCTOBER 3, 1973 of Pittsburgh Graduate research support programs on the sci­ entific community in Oceanography. 9:00 a.m— Welcome, Philip Handler, Pres­ School of Public Health. 1 :3 0 p.m__ ident, National Academy of Photochemistry of Oxidants— The agenda for this meeting shall Sciences. Edgar R. Stephens, State­ include: 9 :2 0 ------A Congressional Perspective on wide Air Pollution Research October 24 Center, University of Cali­ the Hole of the Scientific fornia, Riverside. (Rooms 511 and 517) Community in the Develop­ 2 : 0 0 ______Toxicology—Oscar J. Balchum, 9:00 Review and evaluation of research ment of Environmental Department of Physiology, Policy— Senator Edmund S. proposals Muskie. University of Southern Cali­ fornia Medical School. October 25 Introduction. 2 : 3 0 ...... Clinical Studies—David Bates, 8:30 Review and evaluation of research pro­ 9 : 4 0 ------Interactions of Air Pollu­ University of British Colum­ posals (Rooms 511 and 642) tants— Jack G. Calvert, De­ bia, Vancouver. 3:00 Panel discussion of the following partment of Chemistry, Ohio 3 : 0 0 ...... Epidemiology—Robert E. Car- topics (Room 642; open to the State University. roll, Department of Medi­ public) : Session 1— Carbon Monoxide. cine, Albany Medical College. 1. Review of program statistics Moderator— James L. Whittenberger, Har­ 3 : 3 0 ...... Invited Discussion—Leslie A. 2. Review of facilities support vard School of Public Chambers, University of 3. Other business Health. Texas School of Public 5:00 Adjournment 10:10 — Effects on Human Physiology— Health, Houston. Donald Bartlett, Jr., Depart­ 4 : 0 0 ______Open discussion. The afternoon portion of the meeting ment of Physiology, Dart­ on October 25 (from 3 p.m. to 5 p.m.) FRIDAY, OCTOBER 5, 1973 mouth Medical School. shall be open to the public. The re­ 10:40 — _— Effects on Human Behavior— Session 5__ General Problems. mainder of the meeting is concerned with Steven M. Horvath, Institute Moderator_ Norton Nelson, Institute of matters which are within the exemptions of Environmental Stress, Environmental Medicine, of the Freedom of Information Act, (5 University of California, New York University Médical Santa Barbara. - Center. U.S.C. 552 (b) ), -and will not be open 1 1 :1 0 ------Invited Discussion— Bertram 9 :0 0 a.m__ Conceptual Basis for Estab­ to the public in accordance with the de­ D. Dinman, Medical Director, lishing Standards—John F. termination by the Director, National Alcoa, Pittsburgh. Finklea, Environmental Pro­ Science Foundation, dated January 15, 1 1 :2 5 ------Open discussion. tection Agency, Research 1973, pursuant to the provisions of sec­ Session 2— Sulfur Oxides and Particles,. . Triangle Park, North Caro­ tion 10 (d) of the Federal Advisory Com­ Moderator— Arthur C. Stern, University of lina. mittee Act. North Carolina School of 9 : 4 5 ...... Mutagenicity and Carcinogen­ Persons who require further informa­ Public Health, Chapel Hill. icity of Air Pollutants—Paul 1:30 p.m_— Animal Studies— Mary O. Am. Kotin, Health Sciences Cen­ tion concerning this Panel may contact dur, Harvard School of Pub­ ter, Temple University.. Dr. M, Grant Gross, Head, Oceanogra­ lic Health. 10:15 _____ Mutagenicity of Air Pollu­ phy Section, Room 317, 1800 G Street 2 :0 0 ______Effects on Human Physiology— tants—Samuel S. Epstein, NW., Washington, D.C. 20550. Summary Robert Prank, Department Department of Environmen­ minutes pertaining to the open portion of Environmental Health, tal Health and Human Ecol­ of this meeting may be obtained from the University of Washingtpn ogy, Case Western Reserve Management Analysis Office, Room K - School of Public Health and University School of Medi­ 720, 1800 G Street NW., Washington, Community Medicine. cine. D.C. 20550. 2 :3 0 ------Epidemiology— Ian T. T. Hig­ 10:3 0 _____ Invited Discussion—John W. gins, University of Michigan Drake, Department of Micro­ T . E. Je n k in s , School of Public Health, Ann biology, University of Illi­ Assistant Director Arbor. nois, Urbana. for Administration. 3:00 — ____ Invited Discussion— Bertram 10:4 5 _____ Open discussion. September 25, 1973. W. Carnow, Division of En­ Summary vironmental Health, Univer­ [FR Doc.73-20900 Filed 10-1-73;8:45 am] sity of Illinois College of 1 1 :3 0 _____ Abel Wolman, Department of Medicine. Sanitary Engineering, Johns Hopkins University. 3 :3 0 ------Open discussion. ADVISORY PANEL FOR PHYSICS B radley C. B y e r s, THURSDAY, OCTOBER 4, 1973 Notice of Meeting Public Information Officer, Na­ Session 3___ Nitrogen Oxides. tional Academy of Sciences/ Pursuant to the Federal Advisory Moderator__ Herbert E. Stokinger, National National Research Council. Committee Act (Pub. L. 92-463), notice is Institute of Occupational hereby given that a meeting of the Ad­ Safety and Health, Depart­ [PR Doc.73-21010 Piled 10-1-73:8:45 am] ment of Health, Education, visory Panel for Physics will be held at 9 and Welfare, Cincinnati. a.m. on October 11, 12, and 13, 1973, at 9:00 a.m___ Animal Studies—T. Timothy NATIONAL SCIENCE FOUNDATION 1800 G Street NW., Washington, D.C. 20550 (room numbers are indicated in Crocker, Department of ADVISORY PANEL FOR OCEANOGRAPHY Community and Environ­ the agenda below). The purpose of this mental Medicine, University Notice of Meeting Panel is to provide general advice and of California, Irvine. Pursuant to the Federal Advisory Com­ 9:30 Epidemiology— Carl M. Shy, recommendations on the impact of the Environmental Protection mittee Act (Pub. L. 92-463), notice is NSF support of Physics. Agency, Research Triangle hereby given that a meeting of the Ad­ The agenda for the meeting shall in­ Park, North Carolina. visory Panel for Oceanography will be clude:

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 NOTICES 27339

O ctober 11 Agenda.— The agenda will be devoted to On the basis of the investigation, the the review and evaluation of research pro­ (Boom 540) Commission1 has determined unani­ posals. mously that an industry in the United 9:00 Remarks and presentations by NSF of­ For further information, contact.— Dr. Roy States is not being or is not likely to be ficials and staff on the following Repaske, Program Director, Biochemistry injured, or is not prevented from being topics: Program, Room 329, 1800 G Street NW., , 1. NSP FY 1974 budget Washington, D.C. 20550. established, by reason of the importation 2. “User” mode of research in Physics of germanium point contact diodes from A d v iso r y P a n e l fo r B io p h y s ic s 3. Peer review system in evaluating Phys­ Japan sold, or likely to be sold, at less ics proposals Date and time of meeting.— October 19 and than fair value within the meaning of the 4. Support of research with extrinsic in­ 20,1973; 9 am. Antidumping Act, 1921, as amended. terest and applications Location of meeting.— Room 338, 1800 G 5. Other business of interest to the Panel Street NW., Washington, D.C. 20550. Statement of Reasons2 Agenda.—The agenda will be devoted to O ctober 12 This investigation relates to sales of the review and evaluation of research pro­ (9 a.m. to 2 p.m. in Room 540 2 p.m. to 5 p.m. posals. germanium point contact diodes from in Boom 517) For further information, contact.— Dr. El- Japan, which the Treasury has found to oise E. Clark, Acting Head, Molecular Biology have been sold at less than fair value 9:00 Review of Solid State and Low Tem­ Section, Room 329,1800 G Street NW., Wash­ (LTFV) within the meaning of the Anti­ perature Physics: NSP support and ington, D .C .20550. National perspective dumping Act, 1921, as amended. Such 3:30 Discussion of proposed support of in­ These meetings are concerned with diodes are semiconductor devices used dividual Physics projects matters which are within the exemp­ largely in video detector circuits of tele­ 5:00 Adjournment tions of the Freedom of Information Act vision receivers and audio detector cir­ cuits of FM radio receivers. Imported O ctober 13 (5 U.S.C. 552(b)) and will not be open germanium point contact diodes, includ­ (Room 540) to the public in accordance with the determination by the Director of the ing those found to have been sold at 9:00 Continuation of review o f ’Solid State National Science Foundation dated Jan­ LTFV, are provided to the specifications and Low Temperature Physics and uary 15, 1973, pursuant to the provisions of the consumer, and therefore do not remaining topics relating to other differ from those of the sole domestic areas of Physios of section 10(d) of the Federal Advisory Committee Act. producer if made to the same specifica­ This meeting shall be open to the pub­ T . E . Je n k in s , tions. lic except for the portion from 3:30 p.m. Assistant Director The Treasury Department found that to 5:00 p.m. on October 12, 1073. This for Administration. LTFV sales accounted for the great bulk portion of the meeting is concerned with of total imports of germanium point con­ matters which are within the exemptions S eptember 25,1973. tact diodes from Japan during the period of the Freedom of Information Act (5 [FR Doc. 73-20901 Filed 1 0-l-73 ;8 :45 am] of its investigation. The margin by which U.S.C. 552(b) ) and will not be open to such diodes were sold below fair value, the public in accordance with the deter­ TARIFF COMMISSION however, was not large. All those found mination by the Director of the National to have been sold at LTFV were the prod­ Science Foundation dated January 15, [AA1921—125] uct of one Japanese firm. Germanium point contact diodes are 1973, pursuant to the provisions of Sec­ GERMANIUM POINT CONTACT DIODES tion 10(d) of the Federal Advisory Com­ FROM JAPAN currently produced in the United States mittee Act. by one firm (the complainant), although Persons who require further informa­ Determination of No Injury or Likelihood they have been manufactured by several tion concerning this Panel may contact Thereof firms in the past. The present manufac­ Dr. Marcel Bardon, Head, Physics Sec­ S eptember 26,1973. turer began to produce such diodes in tion, Room 348, 1800 G Street NW., On June 26, 1973, the Tariff Commis­ 1971—a time when the U.S. market was Washington, D.C. 20550. Summary min­ sion received advice from the Treasury being supplied entirely by imports and utes of the open portion of the meeting Department that germanium point con­ when imports from Japan peaked. Since may be obtained from the Management tact diodes from Japan are being, or are then, the company has expanded its pro­ Analysis Office, Room K-720, 1800 G likely to be, sold at less than fair value duction of them, and it has acquired a Street NW., Washington, D.C. 20550. within the meaning of the Antidumping growing share of the U.S. market while the share accounted for by both its Jap­ T . E . Je n k in s , Act of 1921, as amended (19 U.S.C. 160 (a )). Accordingly, the Commission, on anese and European competitors has Assistant Director diminished. The firm’s share of U.S. con­ for Administration. July 10,1973, instituted investigation No. AA1921-125 under section 201(a) of that sumption of the specific types of diodes September 20, 1973. act, to determine whether an industry in sold at LTFV is even larger than its share [PR Doc.73-20902 Filed 10-l-73;8:45 ami the United States is being or is likely to of consumption of other types. It appears be injured, or is prevented from being es­ to have overcome startup difficulties and tablished, by reason of the importation of has increased its output and sales ADVISORY PANELS FOR BIOCHEMISTRY substantially. AND BIOPHYSICS such diodes into the United States. A public hearing was held on Au­ Germanium point contact diodes im­ Notice of Meetings gust 27, 1973. Notice of the investigation ported from Europe have accounted for arid hearing was published originally in the predominant part of U.S. consump­ Pursuant . to the Federal Advisory tion during 1968-72 and January-June Committee Act (Pub. L. 92-463), notice the F ederal R egister of July 11, 1973 (38 FR 18500). Notice of the rescheduling 1973. Annual U.S. imports of such diodes is hereby given of meetings of the fol­ from Japan rose sharply in 1971, being lowing panels including the individuals of the hearing date from August 14,1973, nearly triple its average annual imports to contact for further information re­ to August 27, 1973, was published in the during 1968-70. However, imports of such specting each panel. The purpose of F ederal R egister of August 10, 1973 (38 diodes from Japan declined in 1972. In each of these advisory bodies is to pro­ FR 21694). part of that year and in the first half of vide advice and recommendations as In arriving at its determination, the Commission gave due consideration to all 1973, a period which encompassed the part of the review and evaluation process written submissions from interested par­ period of Treasury’s investigation, the for specific proposals and projects. ties, evidence adduced at the hearing, imports from Japan supplied a smaller A d visor y P a n e l fo r B iochemistry and all factual information obtained by Date and time of meeting.— October 19 and the Commission’s staff from responses i Commissioners Leonard, Moore, and 20,1973; 9 a.m. Young did not participate in the decision. Location of meeting.— Room 338, 1800 Q to questionnaires, personal interviews, * Commissioner Ablondi concurs in the Street NW., Washington, D.C. 20550. and other sources. result.

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 27340 NOTICES

share of U.S. consumption that in 1971. DEPARTMENT OF LABOR ATOMIC ENERGY COMMISSION Although there is evidence of substan­ tial price competition in the U.S. market Bureau of Labor Statistics [Docket Nos. 50-277; 50-278] for germanium point contact diodes, any BUSINESS RESEARCH ADVISORY COUN­ PHILADELPHIA ELECTRIC COMPANY depression of the prices of domestic arti­ CIL’S COMMITTEE ON OCCUPATIONAL (PEACH BOTTOM ATOMIC POWER STA­ cles cannot be related specifically to the SAFETY AND HEALTH TION, UNITS 2 AND 3) sales at LTFV of the Japanese prqduct. Notice of Meeting Assignment of Members of Atomic Safety Generally, the Japanese articles, whether and Licensing Appeal Board at fair value or LTFV, have greatly un­ The BRAC Committee on Occupa­ dersold both domestic and European tional Safety and Health Statistics will Notice is hereby given that, in accord­ diodes. Moreover, the relatively small meet at 10:00 a.m., October 23, 1973, 8th ance with the authority in 10 CFR 2.787 (a), the Chairman of the Atomic LTFV margin did not contribute ma­ floor (Board Room), 100 Indiana Ave­ terially to the price differences and, con­ Safety and Licensing Appeal Panel has sequently, was not a significant factor in nue, NW., Washington, D.C. The agenda assigned the following panel members any price depression that occurred. for the meeting is as follows: to serve as the Atomic Safety and On the basis of the foregoing, the Com­ 1. Annual Survey Program. Licensing Appeal Board for these mission concludes that a domestic indus­ July-December 1971 survey. proceedings: try is not being or is not likely to be 1972 survey. William C. Parier, Chairman injured, nor is prevented from being es­ 1973 survey. Michael C. Farrar, Member tablished, by reasons of the importation 2. Quality Measurement Survey. Dr. Lawrence R. Quarles, Member of germanium point contact diodes into 3. Proposed Recordkeeping Revision. 4. State Grants Activities. Dated September 25,1973. the United States from Japan at less than 5. New York State Study. fair value. M argaret E . D u F lo, By order of the Commission. It is suggested that persons planning Secretary to the to attend this meeting as observers con­ Appeal Board. [seal] K en neth R . M ason, tact Kenneth G. Van Auken, Executive Secretary. [FR Doc.73-20837 Filed 10-1-73;8:45 am] Secretary, Business Research Advisory [PR Doc.73-20936 Piled 1 0-l-73 ;8 :45 am] Council on (Area Code 202) 961-2559. [Docket No. 50-259] [TEA—W—214] Signed at Washington, D.C., this 26th TENNESSEE VALLEY AUTHORITY WORKERS’ PETITION FOR A day of September 1973. (BROWNS FERRY NUCLEAR PLANT, DETERMINATION U N IT 1) Ju l iu s S h is k in , Notice of Investigation Commissioner Issuance of Amendment to Facility On the basis of a petition filed under of Labor Statistics. Operating License section 301(a)(2) of the Trade Expan­ [PR Doc.73-20885 Filed 10-l-73;8:45 am] Notice is hereby given that the Atomic sion Act of 1962, on behalf of the workers Energy Commission (the Commission) of the Linden, N.J., plant of the G A F has issued Amendment No. 1 to Facility Corp., New York, New York, the United BUSINESS RESEARCH ADVISORY COUN­ Operating License No. DPR^33 to the State Tariff Commission, on Septem­ CIL’S COMMITTEE ON WAGES AND IN­ Tennessee Valley Authority (the li­ ber 26, 1973, instituted an investigation DUSTRIAL RELATIONS censee) . This amendment authorizes the under section 301(c)(2) of the Act to Notice of Meeting licensee to possess 1,000 millicuries of determine whether, as a result in major sodium-24 instead of 500 millicuries and part of concessions granted under trade The BRAC Committee on Wages and 1 millicurie of Americium-241 without agreements, articles like or directly com­ Industrial Relations will meet at 1:30 restriction as to the chemical or physical petitive with synthetic organic dyes and p.m., October 23, 1973, at the General form instead of in the form of sealed or pigments (of the types provided for in Accounting Office Building, 441 G Street plated sources. The facility is a boiling items 406.10, 406.50, and 406.70 of the NW., Room 4454, Washington, D.C. The water nuclear reactor located at the li­ Tariff Schedules of the United States) censee’s site in Limestone County, produced by said firm are being imported agenda for the meeting is as follows: Alabama. into the United States in such increased 1. Review of OWIR Work in Progress. Additional Sodium-24 is required for quantities as to cause, or threaten to 2. Committee Appraisal of OWIR Programs. efficiency testing of Unit 1 turbine by cause, the unemployment or underem­ 3. Status report of the General Wage Index means of steam quality determinations. ployment of a significant number or pro­ (emphasis on developments since last The 1 millicurie of Americium-241 is portion of the workers of such firm or an meeting). - k needed without restriction as to chemical appropriate subdivision thereof. 4. Studies for the Employment Standards or physical form to allow the material The optional public hearing afforded Administration (a review of the FY 1974 to be procured in liquid form, so indi­ by law has not been requested by the program). vidual sources which will be used in the petitioners. Any other party showing a 5. New arrangements for bargaining in the calibration of the radiochemical labora­ proper interest in the subject matter of Steel industry (overview by Robert C. tory counting instrumentation can be the investigation may request a hearing, Fisher). fabricated in the same manner as the provided such request is filed within 10 6. Preview of 1974 collective bargaining (BLS samples whose activity is to be measured. days after thè notice is published in the discussion of who will bargain and the possible environment). The licensee has described in a letter F ederal R egister. to the Commission dated September 17, The petition filed in this case is avail­ It is suggested that persons planning 1973, the material’s usage and control able for inspection at the Office of the to attend this meeting as observers con­ and ha$ in force for the Browns Ferry Secretary, United States Tariff Commis­ tact Kenneth G. Van Auken, Executive sion, 8th and E Streets NW., Washing­ Nuclear Plant, Standard Practice Num­ ton, D.C., and at the New York City office Secretary, Business Research Advisory Council on (Area Code 202) 961-2559. ber 8, entitled “Radioactive Byproduct of the Tariff Commission located In Materials,” which contains procedures Room 437 of the Customhouse. Signed at Washington, D.C., this 26th and authorizations regarding safety, By order of the Commission. day of September 1973. control, and accountability requirements Issued September 26,1973. J u l iu s S h is k in , governing the storage and use of licensed [ seal] K e n n e t h R. M ason, Commissioner byproduct material such as Sodium-24 Secretary. of Labor Statistics. and Americium-241. It is concluded [PR Doc.73-20935 Filed 10-l-73;8:45 am] IFR Doc.73-20886 Filed 10-1-73:8:45 am] therefrom that this amendment does not

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 NOTICES 27341

present a significant hazards consid­ I have determined that the executive Vol. 38, No. 187), is amended to change eration. sessions to be held, as listed in the the time for the public portion of the The Director of Regulation has made Agenda are to be closed to the public meeting on Wednesday, October 10,1973, appropriate findings as required by the under the authority of subsection 10(d) from the hours of' 2:30-5:30 p.m. to Act and the Commission’s regulations in of Pub. L. 92-463 (the Federal Advisory 1:00-4:00 p.m. 10 CFR Chapter I, which are set forth Committee Act) to exchange preliminary I have also determined that an addi­ in the license amendment. opinions and views of the Subcommittee tional portion of the meeting, which is The amendment is effective as of the members on the tentative formulation of being added to the agenda, may be closed date of issuance. The licensee’s applica­ recommendations to the full Commit­ to the public to discuss information re­ tion for amendment dated September 17, tee concerning the subject matter of garding an analytical model for nuclear 1973, and a copy of Amendment No. 1 this meeting and for preliminary eval­ reactor fuel densification, which infor­ to Facility Operating License No. DPR- uation of the Subcommittee’s study of mation is considered privileged and falls 33 is available for public inspection at AEC’s basic research program to date, within exemption (4) of 5 U.S.C. 552(b). the Commission’s Public Document the discussion of which, if written, It is necessary to close this portion of the Room at 1717 H Street NW., Washing­ would fall within exemption (5) of 5 meeting to protect such privileged ton, D.C. 20545, and the Athens Public U.S.C. 552(b). In addition, I have de­ information. Library, South and Forrest, Athens, Ala­ termined that a portion of the sessions All other aspects of the notice of meet­ bama 35611. Single copies of the amend­ open to the public, may be closed if it ing published in the F ederal R egister ment may be obtained upon request ad­ becomes necessary to discuss information on September 27, 1973 remain the same. dressed to the United States Atomic considered to be privileged within the R obert A . K oh ler, Energy Commission, Washington, D.C. meaning of exemption (4) of 5 U.S.C. Acting Advisory Committee 20545, Attention: Deputy Director for 552(b). Management Officer. It is essential to close the portions of Reactor Projects, Directorate of [FR Doc.73-21095 FUed 10-1-73; 11:18 am] Licensing. the meeting described above to protect any privileged information discussed and Dated at Bethesda, Maryland, this to protect the free interchange of in­ INTERSTATE COMMERCE 25th day of September, 1973. ternal views and to avoid undue interfer­ COMMISSION For the Atomic Energy Commission. ence with Committee operation. Practical considerations may dictate [Notice 353] F rancis J. W il l iam s, Jr., Boiling Water Reactors Branch alterations in the above agenda or ASSIGNMENT OF HEARINGS schedule. S eptember 27, 1973. No. 2, Directorate of Licens­ The Chairman is empowered to con­ ing. duct the meeting in a manner that in Cases assigned for hearing, postpone­ [FR Doc.73-20838 Filed 10-1-73;8:46 am] his judgment will facilitate the orderly ment, cancellation or oral argument ap­ conduct of business. pear below and will be published only With respect to public participation in once. This list contains prospective as­ GENERAL ADVISORY COMMITTEE signments only and does not include cases RESEARCH SUBCOMMITTEE the meeting, the following requirements shall apply: previously assigned hearing dates. The Notice of Meeting (a) Persons wishing to submit written hearings will be on the issues as presently reflected in the Official Docket of the S eptember 27, 1973. statements on the subject for discussion may do so by mailing 12 copies thereof Commission. An attempt will be made to The F ederal R egister notice for the to the Secretary, General Advisory Com­ publish notices of cancellation of hear­ October 8-9, 1973 meeting of the Atomic ings as promptly as possible, but inter­ Energy Commission’s General Advisory mittee, U.S. Atomic Energy Commission, Washington, D.C. 20545. Although it is ested parties should take appropriate Committee’s Research Subcommittee, steps to insure that they are notified of published on September 11,1973, at page desired to receive statements prior to the meeting, statements will be accepted cancellation or postponements of hear­ 24937 (Vol. 38, No. 175), is amended to ings in which they are interested. No state that the purpose of the meeting is up to the close of business on October 19, 1973. amendments will be entertained after the to discuss and exchange views on the date of this publication. basic research aspects of coal as an (b) Questions may be propounded only energy source, including coal gasification by members of the Committee. MC 22278 Sub 43, Takin Bros. Freight Line, (c) Seating for the public will be Inc., now assigned October 16, 1973, at and liquefaction, and that the meeting Chicago, 111., is postponed to October 31, will be open to the public, with the ex­ available on a first-come, first-served basis. 1973, at Chicago, Hi., same time and place. ception that the Subcommittee will meet No. 35863, Montana Intrastate Rail Freight in Executive Session for approximately (d) Copies of minutes of public ses­ Rates and Charges, 1973, now assigned No­ one hour at the beginning of the me'eting sions will be made available for copy­ vember 28, 1973, at Billings,. Montana, is on October 8 and for the second half of ing, in accordance with the Federal canceled and reassigned to November 28, the day on October 9. Advisory Committee Act, on October 23, 1973, at Helena, Montana, in the House 1973, at the Atomic Energy Commission’s Chambers, Montana State Capitol. During the open portions of the meet­ Public Document Room, 1717 H Street, W —1270, Mascony Transport and Ferry Serv­ ing, the Subcommittee will meet with NW., Washington, D.C., upon payment ice, Inc., now assigned October 29, 1973, at Arthur M. Squires (City University of of all charges required by law. New London, Conn., will be held at Coun­ New York), Seymour B. Alpert (Electric sel Chambers, 3d Floor, Municipal Building. R obert A. K ohler, Power Research Institute), Wendell H. [ seal! R obert L. O s w a l d , Wiser (University of Utah), and Philip Acting Advisory Committee Secretary. L. Walker (Pennsylvania State Uni­ Management Officer. [FR Doc.73-20931 Filed 10-1-73;8:45 am] versity) . [FR Doc.73-21075 Filed 10-1-73;8:45 am] A genda October 8__ 9:00 a.m .-10:00 a.m.— Execu­ [Notice 364] ADVISORY COMMITTEE ON REACTOR tive Session. MOTOR CARRIER BOARD TRANSFER 10:00 a.m.-5:00 p.m.—Discus­ SAFEGUARDS’ WORKING GROUP ON sions on basic research as­ PEAKING FACTORS PROCEEDINGS pects of coal as an energy Amendment to Notice of Meeting Synopses of orders entered by the source (includes approxi­ Motor Carrier Board of the Commission mately a one hour recess for S eptember 28, 1973. pursuant to sections 212(b), 206(a), 211, lunch). The F ederal R egister notice for the 312(b), and 410(g) of the Interstate October 9_ 9:00 a.m .-12:30 Noon— Discus­ sion on basic research aspects October 10, 1973 meeting of the Atomic Commerce Act, and rules and regulations of coal as an energy source. Energy Commission’s Advisory Commit­ prescribed thereunder (49 CFR Part 12:30 Noon-1:30 p.m.— Lunch tee on Reactor Safeguards’ Working 1132), appear below: recess. Each application (except as otherwise 1:30 p.m .-5:00 p.m.—-Executive Group on Peaking Factors (published Session. on September 27, 1973, at page 26954, specifically noted) filed after March 27,

FEDERAL REGISTER, V O I. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 27342 NOTICES

1972, contains a statement by applicants and, on the other, points in Kansas and [Notice 363] that there will be no significant effect on Texas; and machinery, materials, sup­ MOTOR CARRIER TRANSFER the quality of the human environment plies, and equipment between points in PROCEEDINGS resulting from approval of the applica­ Oklahoma, Kansas, and Texas. Mr. Ber­ tion. As provided in the Commission’s nard H. English, attorney at Law, 6270 S eptember 27, 1973. special rules of practice any interested Firth Road, Fort Worth, Tex. 76116. Application filed for temporary au­ person may file a petition seeking recon­ thority under section 210a(b) in con­ sideration of the following numbered No. MC-FC-74713. By order of Sep­ nection with transfer application under proceedings on or before October 23,1973. tember 29,1973, the Motor Carrier Board section 212(b) and Transfer Rules, 49 Pursuant to section 17(8) of the Inter­ approved the transfer to Gary Monroe CFR Part 1132: state Commerce Act, the filing of such a Pendergraft, doing business as Bee Line No. MC-FC-74753. By application filed petition will postpone the effective date Freight, Tahlequah, Okla., of the oper­ September 25, 1973, REYCO MOTOR of the order in that proceeding pending ating rights in Certificates Nos. MC- EXPRESS, INC., 5412 S. 24th St., Fort its disposition. The matters relied upon 125419 and MC-125419 (Sub-No. 1) is­ Smith, Ark. 72901, seeks temporary au­ by petitioners must be specified in their sued April 3, 1964, and June 23, 1965, to thority to lease the operating rights of petitions with particularity. Kelley Davis, doing business as Davis ALVIN G. HASEN, doing business as Truck Line, Tahlequah, Okla., author-: No. MC-FC-74563. By order of Sep­ izing the transportation of general com­ HASEN TRUCK LINE, Route 4, Boone- tember 21,1973, the Motor Carrier Board ville, Ark. 72927, under section 210a(b). modities, over a regular route, between The transfer to REYCO MOTOR EX­ approved the transfer to Harry E. Shea Fort Smith, Ark., and Hulbert, Okla., Sons, Inc., Cinnaminson Township; N.J., PRESS, INC., of the operating rights of and between Tahlequah, Okla., and ALVIN G. HASEN, doing business as of the operating rights in Certificate No. Muskogee, Okla. Tom Harper, Jr., 13 MC-59517 issued January 27, 1942, to HASEN TRUCK LINE, is presently North Seventh Street, P.O. Box 43, Fort pending. Harry Edward Shea, Cinnaminson Smith, Ark. 72901. Township, N.J., authorizing the trans­ By the Commission. portation of agricultural commodities, No. MC-FC-74717. By order of Sep­ [ seal] R obert L. O s w a l d , lumber, lime, fertilizer, and farm imple­ tember 25, 1973, the Motor Carrier Board ments, from Riverton, N.J., Philadel­ approved the transfer to Swift-Way Secretary. phia, Chester, Norristown, and Harris­ Transports, Inc., St. Peters, Mo., of the [FR Doc.73-20930 Filed 10-1-73,-8:45 am] burg, Pa., to points in New Jersey and operating rights in Certificate No. to specified points in Pennsylvania, MC-21800 issued February 16, 1968, to COST OF LIVING COUNCIL Maryland, New York, and New Jersey, St. Louis Metro Express, Incorporated, varying with the particular commodity St. Louis, Mo., authorizing the trans­ FOOD INDUSTRY WAGE AND SALARY involved. William B. Hutchinson, Jr., portation of general commodities, with COMMITTEE usual exceptions, between points in 6024 Westfield Avenue, Pennsauken, Notice of Closed Meeting N.J. 08110. Attorney for applicants. Missouri within the St. Louis, Mo.-East St. Louis, HI., commercial zone, as de­ Pursuant to the provisions of the Fed­ No. MC-FC-74634. By order of Sep­ fined by the Commission, and between eral Advisory Committee Act (Pub. L. 92- tember 25,1973, the Motor Carrier Board points in the St. Louis, Mo.-East St. 463, 86 Stat. 770) notice is hereby given approved the transfer to George Wash­ Louis, HI., commercial zone, as defined that the Food Industry Wage and Salary ington Boyer, Doing Business As George by the Commission, on the one hand, Committee, established under the au­ W. Boyer Trucking, Hedley Street, Phila­ and, on the other, points in St. Louis thority of section 212(f) (iv) of Executive delphia, Pa., of Permit No. MC-49071 County, Mo., hot within the commercial Order 11695, and Cost of Living Council issued to John M. Konopka, Joseph E. zone. Lee K. Mathews, Room 1302, 411 Order No. 14, will meet at 10:00 a.m., Konopka, and Donald J. Konopka, North 7th Street, St. Louis, Mo. 63101, Thursday, October 4, 1973, at 2025 M Doing Business As John Konopka & attorney for applicants. Street NW., Washington, D.C. Sons, (above address) Philadelphia, Pa., The agenda will consist of discussions authorizing the transportation' o f: Vari­ No. MC-FC-74725. By order of Sep­ leading to recommendations on specific ous commodities, such as, refractory tember 25,1973, the Motor Carrier Board Phase II and Phase i n wage cases in the products, aggregate materials, insulation approved the transfer to Bernard Keith Cox, doing business as B. K. Cox Truck­ food area, and future wage policy. materials, etc., from Philadephia, Pa., Since the above stated meeting will to points in Connecticut, Delaware, ing, Tennant, Iowa 51574, of the operat­ consist of discussions of future food wage Massachusetts, New Jersey, New York, ing rights in Certificate No. MC-136011 policy and Phase H and Phase HI cases Rhode Island, Maryland, and Virginia. (Sub-No. 1) issued September 15,1972, to for decision, pursuant to authority No. MC-FC-74668. By order of Sep­ Cox Grain & Feed Company, a corpora­ granted me by the Cost of Living Council Order 25, I have determined that the tember 25,1973, the Motor Carrier Board tion, Tennant, Iowa, 51574, authorizing the transportation of general com­ meeting would fall within exemption (5) approved the transfer to REB Trans­ of 5 U.S.C. 552(b) and that it is essential portation, Inc., Port Worth, Tex., of modities, with usual exceptions, from to close the meeting to protect the free Certificate No. MC-88380 issued Decem­ Omaha, Nebr., to Tennant, Iowa, and exchange of internal views and to avoid ber 3, 1970, to Cherokee Freightways, points within 15 miles of Tennant, and interference with the operation of the Inc., authorizing the transportation of livestock, between Tennant, Iowa, and Committee. pipe from Memphis, Tenn., to points in points within 15 miles thereof, on the Issued in Washington, D.C., on Octo­ Kansas and Oklahoma; oilfield equip­ one hand, and, on the other, Omaha, ber 1,1973. Nebr. ment and supplies between points in Illi­ H e n r y H . P erritt, Jr., nois, Missouri, Oklahoma, Indiana, and [ seal] R obert L. O sw a ld , E xecutive Secretary, Kentucky, and between points in Indi­ Secretary. Cost of Living Council. ana and Kentucky, on the one hand, [FR Doc.73-20929 Filed 10-1-73;8:45 am] [FR Doc.73-21090 Filed 10-1-73; 10:49 am]

FEDERAL REGISTER, VOL. 38, NO. 190— TUESDAY, OCTOBER 2, 1973 FEDERAL REGISTER 27343

CUMULATIVE LISTS OF PARTS AFFECTED— OCTOBER

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 October.

Page Page 1 CFR Page 16 CFR 40 CFR CFR checklist. 27211 1001____ 27214 51_____ 27286 5 CFR 21 CFR 41 CFR 27211 273______27282 9-7______27287 213______9-16______- 27288 6 CFR P roposed R u l e s : 9-51______27288 150______27289, 27290 19______27298 14-7___ 27288 60-10______27215 7 CFR 24 CFR 2 27281 445 _ 27216 45 CFR 220______27281 1914______— 27216, 27217 P roposed R u l e s : 401______>_«______27282 1915—______27217 123______27223 728___ 27211 P roposed R u l e s : 908______.______27212 1710______27227 47 CFR 1421______27212 21______27218 Proposed R u l e s : 26 CFR 23______27218 959______27297 301______27215 73 ______27218 74 ______27218 9 CFR 28 CFR 78______27218 0______27285 87______27218 Proposed R u l e s : 89 ______1______27218 303______27297 32A CFR 91______27218 317______27229 P roposed R u l e s : 93______27218 381______27229 Ch. VI: P roposed R u l e s : 12 CFR DMS Reg. 1 (including Reg. 1, 25 27228 584----- 27212 Dirs. 1 and 2) ______27264 73______27303 DPS Reg. 1______27264 14 CFR DPS Order 1______—- 27270 49 CFR 71______27292-27294 DPS Order 2____ 27271 1033______27218 73______27292-27294 38 CFR P roposed R u l e s : 139______27294 P roposed R u l e s : 231______27302 Proposed R u l e s : 21______27228 571— ______27227, 27303 1307______!_____ 27228 71______27300, 27301 39 CFR 15 CFR P roposed R u l e s : 50 CFR 377____ 27220 132______27304 32_____ 27219, 27289

FEDERAL REGISTER, VOL. 38, NO . 190— TUESDAY, OCTOBER 2, 1973 Public Papers of the Presidents of the United States

Annual volumes containing the public messages and statements, news conferences, and other selected papers released by the White House. Volumes for the following years are now available :

H A R R Y S. TRUMAN 1945 ______$5.50 1949 ______$6.75 1946 ______$6.00 1950 ______$7.75 1947 ______$5.25 1951 ____ $6.25 1948 ______$9. 75 1952-53 ______$9.00

D W IG H T D. EISENHOWER 1953 ______$6.75 1957 ______$6.75 1954 ■ ______$7.25 1958 ______$8.25 1955______$6.75 1959 ______$7.00 1956 ______$7.25 1960-61 ______$7.75

JOHN F. KENNEDY 1961______$9.00 1962 ______$9.00 1963______. $9.00

LYNDON B. JOHNSON 1963-64 (Book D- _ $6.75 1966 (Book I) ______.__ _ $6. 50 1963-64 (Book I I)_ $7.00 1966 (Book I I)______. __ $7.00 1965 (Book I). $6. 25 1967 (Book I ) ______$8. 75 1965 (Book II). $6. 25 1967 (Book II) ______$8.00 1968-69 (Book D~______$10.50 1968-69 (Book II) ______$ 9.5 0

RICHARD NIXON 1969 ___ . _ _ $14.50 1970 ______$15.75 1 9 7 1 ____ $15.75

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

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