MONDAY, APRIL 2, 1973 WASHINGTON, D.C. Volume 38 ■ Number 62

Pages 8419-8499 PART I

(Part II begins on page 8491)

HIGHLIGHTS OF THIS ISSUE This listing does not affect the legal status of any document published in this issue. Detailed table of contents appears inside. OIL— Certain imports restrictions eased by Oil Import Appeals Board...... - 8432 RETAIL AND GROCERY PRODUCT IDENTIFICATION— Commerce Dept, requests comments by 5-2-73 on development of uniform merchandise codes...... 8464 SAFE TRANSPORTATION OF RADIOACTIVE MATERIALS— AEC and DoT memorandum of understanding...... 8466 MEDICARE PAYMENTS— HEW proposal to eliminate cur­ rent financing payments; comments by 5-2-73 ...... 8450 MEAT AND POULTRY INSPECTION— USDA proposals for certain imported products; comments by 3-26 -7 3...... 8449 MOTOR VEHICLE INSPECTION STANDARD— DoT pro­ posals for brake, steering and suspension systems and tire and wheel assemblies; comments by 7 -5 -7 3 ...... 8451 AUTOMOTIVE CRASH TEST DUMMY— DoT proposes specifications; comments by 7—1—73...... 8455 AIR TAXI MAIL— CAB amendments; effective 4-2—73...... 8430 LEGAL SERVICES PROGRAM— OEO proposal on funding; comments by 4-25—73...... 8445 RELOCATION ASSISTANCE— HEW revisions reflecting policy changes; effective 4 -2—73...... 8491 PUBLIC LANDS— Interior Dept, proposal to require approval of right-of-way application before construction, use, or occupancy; comments by 5-2-73 ...... 8449 STUDENT WORKERS— Labor Dept, list of employers exempt from paying minimum wages, 4-2-73 ...... 8483 TARIFF CIRCULAR RULES— ICC proposes cancellation for certain freight carriers; comments by 5—8—73...... 8461 ST. LAWRENCE SEAWAY DEVELOPMENT CORP.— Rules revision; effective 4—15—73...... 8433 NEW DRUG APPLICATION— FDA withdraws approval of Alpha Chymar solution; effective 4-2-73 ...... 8864 COTTON TEXTILES— CITA renews import limitations for Thailand, beginning 4—1-73...... 8469

(Continued inside) REMINDERS (The items in this list were editorially compiled as an aid to F ederal Register users. Inclusion or exclusion from this list has no legal significance. Since this list is intended as a reminder, it does not include effective dates that occur within 14 days of publication.) Rules Going into Effect Today This list includes only rules that were published in the F ederal Register after October 1,1972. Page no. and date ICC— List of forms for motor carriers and brokers...... 6828; 3-13-73 CUSTOMS— Entry into and withdrawal from warehouses of certain distilled spirits...... 5630; 3-2-73 FOOD AND DRUG— Troleandomycin oral suspension; upper potency limit.. 5459; 3-2-73 NATIONAL CREDIT UNION ADMINISTRA­ TION— Rebate procedures for federally insured credit unions.... 5625; 3—2^-73 — Insured loans to student members in % eligible higher education or vocational institutions...... 5341, 2-28-73; 6667, 3-12-73 — Nondiscrimination requirements in real estate loan activities (2 docu­ ments).....'...... 3586, 2—8—73; 4749, 2-22-73

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FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 HIGHLIGHTS— Continued

MEETINGS— DoD: Naval Research Advisory Committee, 4—4 and DoD: U.S. Army Combat Developments Command, 4—11 4 -5-73 ...... :...... 8463 and 4-12-73...... 8463 DIA Scientific Advisory Committee, 4—11 and 4—30 NIH: Committee on Cancer Immunotherapy, 4-24—73 ... 8465 and 5 -1-7 3 ...... 8463 Population Research and Training Committee, 4-19 NASA: Post Viking Mars Science Advisory Committee, and 4-20-73...... 8465 4-12 and 4 -13-73______8488 Perinatal Biology and infant Mortality Research and State Dept.: Overseas School Advisory Council, Training Committee, 4—30-73...... 8465 4-10-73 ...... I ...... r. 8463 Cancer Cause and Prevention Advisory Committee, HEW: OE/National Advisory Council on Vocational 4-26 and 4 -2 7 -7 3 ...... i . . . . . ! ...... 8465 Education, 4—4 to 4—6-73...... 8465 Biophysics and Biophysical Chemistry B Study Sec­ AEC: Advisory Committee on Reactor Safeguards, tion, 4-26 to 4-27-73...... 8463 4-7-73 ...... 8467 Contents AGRICULTURAL MARKETING SERVICE CIVIL AERONAUTICS BOARD DEFENSE DEPARTMENT See also Army Department; Navy Rules and Regulations Rules and Regulations Carriage of mail; classification Department. Limitations of handling: Notices Navel oranges grown in Arizona and exemption of air taxi opera­ tors ______8430 Defense Intelligence Agency Sci­ and designated part of Cali­ entific Advisory Committee; fornia ______8425 CIVIL SERVICE COMMISSION meetings ______8463 Valencia oranges grown in Ari­ zona and designated part of Rules and Regulations ECONOMIC OPPORTUNITY OFFICE C alifornia______8425 Excepted service: Rules and Regulations Agriculture Department._____ 8448 Legal services program_i______8445 AGRICULTURE DEPARTMENT Housing and Urban Develop­ EDUCATION OFFICE See also Agricultural Marketing ment Department (3 docu­ ments) ______8448 Notices Service; Animal and Plant Occupational Safety and Health National Advisory Council on Vo­ Health Inspection Service. Review Commission______8448 cational Education; meeting__ 8465 Rules and Regulations State Department______8448 EMERGENCY PREPAREDNESS OFFICE Research agreements with educa­ Treasury Department______8448 Notices tional institutions______8443 Notices Major disaster and related deter­ Revocation of authority to make minations: ANIMAL AND PLANT HEALTH a noncareer executive assign­ Alabama ______8488 INSPECTION SERVICE ment: Mississippi______!------8489 Rules and Regulations Agriculture Department. _____ : 8469 ENVIRONMENTAL PROTECTION AGENCY Viruses, serums, toxins, and analo­ Commerce Department (3 docu­ Proposed Rules gous products; organisms and ments) ______8469, 8470 Negotiated architect - engineer vectors______!______8426 Federal Trade Commission___ 8470 contracts; procurement forms— 8458 Proposed Rules Health, Education, and Wel­ FEDERAL AVIATION ADMINISTRATION Imported meats; sampling for in­ fare Department (3 docu­ Rules and Regulations spection ______8449 ments) ______8470 IFR altitudes______8428 Justice Department______8469 Transition area alterations (2 doc­ ARMY DEPARTMENT Title change in noncareer execu­ uments) ______8428 Notices tive assignment: VOR Federal airway extensions_ 8428 Combat Developments Advisory Commission on Civil Rights (2 FEDERAL COMMUNICATIONS Group; meeting______8463 documents)______8470 COMMISSION Proposed Rules ATOMIC ENERGY COMMISSION COAST GUARD FM broadcast stations in Rich- Notices lands, Va. and «Welch, W. Va__ 8461 Advisory Committee on Reactor Rules and Regulations Notices Safeguards; meeting______8467 Drawbridge operation; Back Bay Canadian-U.S.A. Television Agree­ Baltimore Gas and Electric Co.; of Biloxi, Miss______8433 ment; table of allocations for extension of completion dates.. 8468 VHF and UHF television. ____ 8470 COMMERCE DEPARTMENT Memorandum opinion and order Duquesne Light Co. et al. : designating applications for Availability of draft environ­ See Maritime Administration; hearing: mental statement______8468 National Bureau of Standards. NEO Broadcasting Co. and Wil­ liam Haydon Payne______8473 Prehearing conference can­ COMMITTEE FOR THE IMPLEMENTATION celled ------— ______8468 OF TEXTILE AGREEMENTS United Telephone Co. of Penn­ South Carolina Electric and Gas sylvania ______8473 Co.; assignment of atomic safety Notices FEDERAL INSURANCE ADMINISTRATION and licensing appeal board mem­ Certain cotton textiles and cotton Rules and Regulations bers ------8468 textile products produced or Flood insurance program; status Transportation of radioactive ma­ manufactured in Thailand; of participating communities terials; memorandum of under­ entry or withdrawal from ware­ (2 documents)______8431, 8432 standing ______8466 house for consumption______8469 (Continued on next page) 8421 .

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8422 CONTENTS

Notices HEALTH, EDUCATION, AND WELFARE LABOR DEPARTMENT National Insurance Development DEPARTMENT See Wage and Hour Division. Program; reinsurance against See also Education Office; Pood LAND MANAGEMENT BUREAU loss resulting from riots or civil and Drug Administration; Na­ Proposed Rules disorders ______8466 tional Institutes of Health; Social Security Administration. Rights-of-way; advance permis­ FEDERAL MARITIME COMMISSION sion ______8449 Rules and Regulations Notices Relocation assistance and real MARITIME ADMINISTRATION Agreements filed: property acquisition policies— 8492 City of Long Beach and Sea- Notices SS United States; purchase and Land Service Inc------8485 HOUSING AND URBAN DEVELOPMENT Prudential Grace Lines, Inc., DEPARTMENT solicitation of proposals for use. 8464 and Compania Peruana de Vapores ______-— 8486 See also Federal Insurance Ad­ NATIONAL AERONAUTICS AND SPACE ministration. ADMINISTRATION FEDERAL POWER COMMISSION Notices Notices Notices Acting Director, Philadelphia Area Post Viking Mars Science Advisory Hearings, etc.: Office; designation------8466 Committee; meeting______8488 Amoco Production Co------8477 Appalachian Power Co------8478 IMMIGRATION AND NATURALIZATION NATIONAL BUREAU OF STANDARDS Carolina Pipeline Co. and Trans­ SERVICE Notices continental Gas Pipe Line Proposed Rules Automated merchandise and prod­ C o rp ______-— 8478 Ports of entry; San Ygnacio, uct identification codes; retail Central Telephone & Utilities T ex as------8449 and grocery industries. _____ 8464 Corp. and Northern Natural Gas Co______7___ —— 8478 INTERIM COMPLIANCE PANEL NATIONAL HIGHWAY TRAFFIC SAFETY Colorado Interstate Córp------_ 8479 ADMINISTRATION Consolidated Gas Supply Corp_ 8479 Notices McCord-Goodrich Oil Co------8479 Rochester & Pittsburgh Coal Co. Proposed Rules Mid Louisiana Gas Co------8480 and Christopher Coal Co.; op­ Motor vehicle inspection and cer- Mississippi Power & Light Co— 8480 portunity for hearing on renewal tification procedures______8451 Montana Power Co__:------8480 permit applications______8487 Test dummy specifications______8455 Nantahala Power and Light Co_ 8480 Orange and Rockland Utilities, INTERIOR DEPARTMENT NATIONAL INSTITUTES OF HEALTH I n c ______8481 See also Land Management Bu­ Notices Pacific Gas and Electric Co___ 8481 reau; Oil and Gas Office. Meetings: Public Service Electric and Gas Rules and Regulations Biophysical Chemistry B Study C o ____ - ______8482 Public land order corrections: Section______8465 Puget Sound Power and Light Colorado______8445 Cancer Cause and Prevention C o ______8482 Id a h o ______8445 Advisory Committee______8465 Transwestern Pipeline Co_____ 8482 Cancer Immunotherapy Com­ United Gas Pipe Line Co______8482 Notices mittee ______8465 Western Colorado Power Co. Bighorn Canyon National Recrea­ Perinatal Biology and Infant and Utah Power and Light _y tion Area, Montana-Wyoming, Mortality Research and Co —______8483 proposed transpark road; avail­ Training Committee______8465 Wisconsin Michigan Power Co. ability of draft environmental Population Research and Train­ and Wisconsin Electric Power statem ent______8463 ing Committee______8465 Co — ______¿:______8483 INTERNAL r e v e n u e s e r v ic e NAVY DEPARTMENT FEDERAL REGISTER ADMINISTRATIVE Rules and Regulations COMMITTEE Proposed rulemaking, comments Notices CFR checklist______8425 or suggestions; correction------8448 Naval Research Advisory Com­ mittee;. meeting------8463 FEDERAL RESERVE SYSTEM INTERSTATE COMMERCE COMMISSION Notices Rules and Regulations OIL AND GAS OFFICE New Jersey National Corp.; acqui­ Car service orders: Rules and Regulations sition of Underwood Mortgage Delaware and Hudson Railway Oil Import Appeals Board (OI & Title Co_____ 8486 Co______8446 Reg. 1)______8432 Southwest Bancshares, Inc.; ac­ Demurrage and free time on quisition of bank______8487 freight cars______8446 ST. LAWRENCE SEAWAY Penn Central Transportation DEVELOPMENT CORPORATION FISCAL SERVICE Co. (2 documents)------8445, 8446 Rules and Regulations Rules and Regulations Proposed Rules General regulations governing Seaway regulations and rules----- 8433 U.S. securities; correction____ 8432 Southern Freight Association et al.; petition for revocation of SOCIAL SECURITY ADMINISTRATION FOOD AND DRUG ADMINISTRATION tariff circular rules------8461 Proposed Rules Notices Notices Armour Pharmaceutical Co.; al­ Assignment of hearings.------8489 Federal health insurance for the pha chymar solution; with­ Fourth section application for re­ aged; current financing pay­ drawal of approval of new drug lief ______8490 ments ------8450 application------8464 Motor carrier board transfer pro­ STATE DEPARTMENT GENERAL SERVICES ADMINISTRATION ceedings ______8490 Rules and Regulations JUSTICE DEPARTMENT Notices Telecommunications; FTS prece­ See Immigration and Naturaliza­ Overseas Schools Advisory Coun­ dence system------8444 tion Service. cil; meeting.______8463

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 CONTENTS 8423

TARIFF COMMISSION Notices VETERANS ADMINISTRATION Transportation of radioactive ma­ Notices Notices terials; cross-reference______8466 Continuation of committees: Watches and watch movements Career Development Commit­ from insular possessions; deter­ TREASURY DEPARTMENT tee ______8489 mination of apparent 1972 con­ See Fiscal Service; Internal Cooperative Studies Evaluation sumption and 1973 duty-free Revenue Service. C om m ittee______8489 entry quotas — ------8489 WAGE AND HOUR DIVISION - TRANSPORTATION DEPARTMENT Notices Certificates authorizing the em­ See also Coast Guard; Federal ployment of full-time students Aviation Administration; Na­ working outside of school hours tional Highway Traffic Safety at special minimum wages in Administration; St. Lawrence retail or service establishments Seaway Development Corporation. or in agriculture______8483

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

5 CFR 20 CFR 43 CFR 213 (7 documents)------8448 P roposed R u les: P ublic L and O rders: 405____ 8450 5342 ______8445 7 CFR 5343 ______8445 907 ______8425 24 CFR P roposed R u les: 908 ______8425 1914 (2 documents)------8431, 8432 2800___ 8449 8 CFR 26 CFR 45 CFR P roposed R u les; 601______8448 15_____ 8492 100______8449 31 CFR 1061______8445 306______» 8432 9 CFR 47 CFR 101______8426 32A CFR P roposed R u l es: 123______8426 Ch.X: 73______8461 P roposed &u les: OI Reg. ! ...... 8432 49 CFR 327.»______8449 33 CFR 1033 (4 documents)______8445, 8446 14 CFR 117______8433 P roposed R u l es: 71 (3 documents)______— 8428 401a.____ 8433 570______8451 95______8428 41 CFR 572______;______8455 298______8430 1300______'.____ 8461 4-3______8443 4-7______8443 101-35____ 8444 P roposed R u l es: 15-16______— 8458

FEDERAL REGISTER, V O L 38, NO. 62— MONDAY, APRIL 2, 1973

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 1— General Provisions applicable provisions of the Agricultural [Valencia Orange Reg. 422, Amdt. 1 ] CHAPTER I— ADMINISTRATIVE Marketing Agreement Act of 1937, as PART 908—VALENCIA ORANGES GROWN COMMITTEE OF THE FEDERAL REGISTER amended (7 U.S.C. 601-674), and upon IN ARIZONA AND DESIGNATED PART the baéis of the recommendations and OF CALIFORNIA CFR CHECKLIST information submitted by the Navel Limitation of Handling 1973 Issuances Orange Administrative Committee, es­ tablished under the said amended mar­ This regulation increases the quantity This checklist, prepared by the Office keting agreement and order, and upon of California-Arizona Valencia oranges of the Federal Register, is published in other available information, it is hereby that may be shipped to fresh market the first issue of each month. It is ar­ found that the limitation of handling of during the weekly regulation period ranged in the order of CFR titles, and such Navel oranges, as hereinafter pro­ March 23-29, 1973. The quantity that shows the issuance date and price of re­ vided, will tend to effectuate the declared may be shipped is increased due to im­ vised volumes of the Code of Federal policy of the act. proved market conditions for California- Regulations issued to date during 1973. Arizona Valencia oranges. The regulation New units issued during the month are (2) The need for an increase in the quantity of oranges available for han­ and this amendment are issued pursuant announced on the back cover of the dling during the current week results to the Agricultural Marketing Agree­ daily F ederal R egister as they become from changes that have taken place in ment Act of 1937, as amended, and Mar­ available. keting Order No. 908. Order from Superintendent of Docu­ the marketing situation since the issu­ ments, Government Printing Office, ance of Navel Orange Regulation 293 (38 (a) Findings. (1) Pursuant to the mar­ Washington, D.C. 20402. FR 7449). The marketing picture now keting agreement, as amended, and Or­ indicates that there is a greater demand der No. 908, as amended (7 CFR Part CFR Unit (Rev. as of Jan. 1,1973): for Navel oranges than existed when the 908), regulating the handling of Valencia Title Price regulation was made effective. Therefore, oranges grown in Arizona and designated 1 ______$0.55 in order to provide an opportunity for part of California, effective under the ap­ 2 [Reserved! handlers to handle a sufficient volume of plicable provisions of the Agricultural 3 ______•»______2. 60 Navel oranges to fill the current market Marketing Agreement Act of 1937, as 4 ______1. 75 demand thereby making a greater quan­ amended (7 U.S.C. 601-674) and upon 7 Parts: tity of Navel oranges available to meet the basis of the recommendation and in­ 0-45_____ 6. 50 such increased demand, the regulation formation submitted by the Valencia 46-51______2. 60 should be amended, as hereinafter set Orange Administrative Committee, es­ 52______4. 20 forth. tablished under the said amended mar­ 53-209 ______7. 00 (3) It is hereby further found that it keting agreement and order, and upon 210-699 ______5. 25 is impracticable and contrary to the pub­ other available information, it is hereby 750-899 ______2.10 lic interest to give preliminary notice, found that the limitation of handling 981-999 ______2. 25 engage in public rulemaking procedure, of such Valencia oranges, as hereinafter 8 ____ 1.85 and postpone the effective date of this provided, will tend to effectuate the de­ 11______. 75 amendment until 30 days after publica­ clared policy of the act. 16 Part 150-end______4. 25 tion thereof in the F ederal R egister (5 (2) The need for an increase in the U.S.C. 553) because the time intervening quantity of oranges available for han­ Title 7— Agriculture between the date when information upon dling during the current week results which this amendment is based became from changes that have taken place in CHAPTER IX— AGRICULTURAL MARKET­ available and the time when this amend­ the marketing situation since the issu­ ING SERVICE (MARKETING AGREE­ ance of Valencia Orange Regulation 422 MENTS AND ORDERS; FRUITS, VEGE­ ment must become effective in order to TABLES, NUTS), DEPARTMENT OF effectuate the declared policy of the act (38 FR 7450). The marketing picture now AGRICULTURE is insufficient, and this amendment re­ indicates that there is a greater demand lieves restriction on the handling of for Valencia oranges than existed when [Navel Orange Reg. 293, Amdt. 1] Navel oranges grown in Arizona and the regulation was made effective. There­ PART 907— NAVEL ORANGES GROWN IN designated part of California. fore, in order to provide an opportunity ARIZONA AND DESIGNATED PART OF (b) Order, as amended. The provisionsfor handlers to handle a sufficient vol­ CALIFORNIA in paragraph (b) (1) (ii) of § 907.593 ume of Valencia oranges to fill the cur­ Limitation of Handling (Navel Orange Regulation 293 (38 FR rent demand thereby making a greater 7449)) are hereby amended to read as quantity of Valencia oranges available This regulation increases the quantity follows: to meet such increased demand, the reg­ of California-Arizona Navel oranges ulation should be amended, as herein­ that may be shipped to fresh market dur­ § 907.593 Navel Orange Regulation 293. after set forth. ing the weekly regulation period March ***** (3) It is hereby further found that it 23-29, 1973. The quantity that may be is impracticable and contrary to the shipped is increased due to improved (b) Order. (1) * * * (ii) District 2: 425,000 cartons. public interest to give preliminary no­ market conditions for Navel oranges. tice, engage in public rulemaking proce­ The regulation and this amendment are ***** dure, and postpone the effective date of issued pursuant to the Agricultural (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) this amendment until 30 days after pub­ Marketing Agreement Act of 1937, as lication thereof in the F ederal R egister amended, and Marketing Order No. 907. Dated: March 28,1973. (5 U.S.C. 553) because the time inter­ (a) Findings. (1) Pursuant to the vening between the date when informa­ marketing agreement, as amended, and Charles R. B rader, tion upon which this amendment is Order No. 907, as amended (7 CFR Part Acting Deputy Director, Fruit based became available and the time 907), regulating the handling of Navel and Vegetable Division, Agri­ when this amendment must become oranges grown in Arizona and designated cultural Marketing Service. effective in order to effectuate the part of California, effective under the [FR Doc.73-6298 Filed 3-30-73;8:45 am] declared policy of the act is insufficient,

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8426 RULES AND REGULATIONS and this amendment relieves restriction forth herein, subject to the following (b) Regulations. The provisions in on the handling of Valencia oranges noted modifications: Parts 101 through 117 of this subchapter, grown in Arizona and designated parts of The present definition of “Deputy Ad­ (c) Domestic animals. All animals, California. ministrator" as stated in §§ 101.1 (j), other than man, including poultry. (b) Order, as amended. The provisions122.1(d), and 123.1(h) has been retained (d) Department. The U.S. Depart­ in paragraph (b) (1) (iii) of § 908.722 for consistency. ment of Agriculture. Valencia Orange Regulation 422 (38 FR The proposed definition of “biological (e) Secretary. The Secretary of Agri­ 7450) are hereby amended to read as products” in § 101.2(w) has been changed culture of the United States or any offi­ follows: by substituting “diagnostics" for “aller­ cer or employee of the Department to § 908.722 Valencia Orange Regulation gens” and “tuberculins" as being more whom authority has heretofore been 422. inclusive and accurate. The printer’s er­ delegated, or to whom authority may ror in the spelling of “micro-organisms’* hereafter be delegated, to act in his (b) Order (1) * * * was corrected in two places. stead. * * * * * The word “minute” in § 101.2 (x) has (f) Veterinary Services. Veterinary (iii) District 3: 300,000 cartons. been replaced with “microscopic or sub- Services unit of Animal and Plant microscopic” for clarification. Health Inspection Service of the Depart­ ***** A new § 101.2(y> containing a defini­ (Secs. 1—19, 48 Stat. 81, as amended; 7 U.S.C. ment. 601-674) tion of “prepare” or “manufacture" has (g> Deputy Administrator. Hie Dep­ been added as an administrative re­ uty Administrator, Veterinary Services, Dated: March 28, 1973. sponse to a request received in the com­ or any officer or employee of the Veter­ ments. Charles R. B rader, inary Services to whom authority has Acting Deputy Director, Fruit The definition of “serial” in § 101.3(h) heretofore lawfully been delegated, or to and Vegetable Division, Agri­ has been shortened by substituting de­ whom authority may hereafter lawfully cultural Marketing Service. fined terms. be delegated, to act in his stead. Section 101.4(a)(3) has been changed (h) Inspector. Any officer or employee [FR Doc.73-6299 Filed 3-30-73;8:45 am] by inserting the word “enclosures” for of Veterinary Services who is authorized clarification. by the Deputy Administrator to do in­ Title 9— Animals and Animal Products For clarification, the word “into” has spection work. been substituted for “in” and “filled” for (i) Inspection. An examination made CHAPTER I— ANIMAL AND PLANT HEALTH “marketed” in the definition of final con­ by an inspector to determine the fitness INSPECTION SERVICE, DEPARTMENT tainer in § 101.4(c) and the phrase of animals, establishments, facilities, OF AGRICULTURE “Numbers or numbers and letters" has and procedures used in connection with SUBCHAPTER E—VIRUSES, SERUMS, TOXINS, been substituted for “Letter(s) and/or the preparation, testing, and distribution AND ANALOGOUS PRODUCTS: ORGANISMS AND VECTORS „ number(s)” in the definition of “Serial of biological products and the examina­ number” in § 101.4Ce>. tion or testing of biological products. PART 101— DEFINITIONS “Requirement”, is capitalized in § 101.5 (j ) Person. Any individual, firm, part­ PART 123— RULES OF PRACTICE (a) and “Outlines" is capitalized in nership, corporation, company, associa­ § 101.5(e) for emphasis. tion, educational institution, State or Miscellaneous Amendments Section 101.5(b) as proposed was de­ local governmental agency, or other or­ On November 1, 1972, there was pub­ leted. ganized group of any of the foregoing, lished in the F ederal R egister (FR Doc. Definition of “pure or purity” in § 101.5 or any agent, officer, or employee of any 72-18650) a notice of proposed rulemak­ (c) has been changed for clarification. thereof. ing with respect to proposed amendments The words “or in Outlines of Produc­ (k) Subsidiary. A corporation in to the regulations relating to viruses, tion” have been added to § 101.5(f) for which a corporate licensee owns in ex­ serums, toxins, and analogous products completeness. cess of 50 percent of the voting stock. in Part 101 of Title 9, Code of Federal The phrase “up to and including” has G) Distributor. A person who sells, Regulations, issued pursuant to the pro­ been substituted for “including up to” in distributes, or otherwise places in chan­ visions of the Virus-Serum-Toxin Act of § 101.6(a) for clarification. nels of trade, one or more biological March 4, 1913 (21 U.S.C. 151-158) . Sections 101.7(a), 101.7(b), and products he does not produce or import. These amendments to Part 101 were 101.7(c) have been reworded for clarifi­ (m) ■ Licensee. A person to whom an proposed to update the list of defined cation. establishment license and at least one words used in Parts 101 through 117 of' Conforming changes in Part 123 are product license or special license has this subchapter by deleting obsolete set forth herein by rewording § 123.1(1) been issued. words, such as hog-chlolera virus, anti- to read the same as § 101.2 (m) and (n) Permittee. A person who resides hog-cholera serum, and approved feetlot; § 123.1 (q) to read the same as § 101.2(w). in the United States or operates a busi­ by redefining words retained if deemed 1. Part 101 is amended to read: ness establishment within the United necessary to update the effect and mean­ sec. States, to whom a permit to import bio­ ing of the words, such as biological prod­ 101.1 Applicability. logical products has been issued. ucts, potency, and Standard Require­ 101.2 Administrative terminology. (o) Research investigator or research ment; and by adding words which have 101.3 Biological products and related terms. * sponsor. A person who has requested au­ 101.4 Labeling terminology. thorization to make interstate move­ become important since the present list 101.5 Testing terminology. was published, such as efficacious, pre­ 101.6 Cell cultures. ments of an experimental biological pare or preparation, and product code 101.7 Seed virus. product for the purpose of evaluating number. These amendments are being such product as provided for in Part 103 Authority : . 37 Stat. 832-833; 21 U.S.C. of this subchapter or has been granted adopted to facilitate the administration 151-158. of the regulations by having a clearer un­ such authorization. derstanding of the meaning of the words § 101.1 Applicability. - (p) Premises. All buildings, appur­ used. When used in Parts 101 through 117 tenances, and equipment used to produce After due consideration of all relevant of this subchapter, the meaning of the and store biological products located matters, including the proposals set forth words and phrases listed shall be as within a particular land area shown on in the aforesaid notice of rulemaking, defined in this part. building plans or drawings furnished by and the comments and views submitted the applicant or the licensee and desig­ by interested persons, and pursuant to § 101.2 Administrative Terminology. nated by an address adequate for iden­ the authority contained in the Virus- The following administrative words tification. Serum-Toxin Act of March 4, 1913 (21 and phrases shall mean: (q) Establishment. One or more prem­ U.S.C. 151-158), the amendments of (a) Virus-Serum-Toxin Act. The virus, ises designatd on the establishment li­ cense. Part 101 of Subchapter E, Chapter 1, serum, toxin, and analogous products (r) U.S. Veterinary Biologies Estab­ Title 9 of the Code of Federal Reg­ provisions of the Act of Congress of lishment License. A document, some­ ulations, as contained in the aforesaid March 4,1913, 37 Stat. 832-833, 21 U.S.C. times referred to as an establishment li­ notice are hereby adopted and are set 151-158. cense, which is issued pursuant to Part FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 RULES AND REGULATIONS 8427

102 of this subchapter, authorizing the duced in compliance with the regula­ (f) Expiration date. A date designat­ use of designated premises for produc­ tions to final form and composition. ing the end of the period during which tion of biological products specified in (d) Finished product. A completed a biological product, when properly one or more unexpired, unsuspended, and product which has been bottled, sealed, stored and handled, can be expected with unrevoked product license(s) or special packaged, and labeled as required by the reasonable certainty, to be efficacious. license(s). regulations. (g) Label number. A number assigned (s) Licensed establishment. An estab­ (e) Released product. A finished prod­ by Veterinary Services to each label or lishment operated by a person holding uct released for marketing after all re­ sketch submitted for review. an unexpired, unsuspended, and unre­ quirements have been satisfactorily com­ § 101.5 Testing terminology. voked U.S. Veterinary Biologies Estab­ plied with. Terms used when evaluating biological lishment License. (f) Fraction. A specific antigen, its products shall mean: (t) U.S. Veterinary Biological Prod­ antibodies, or its antitoxin which con­ (a) Standard Requirement. Test uct License. A document, sometimes re­ stitutes a component of a biological methods, procedures, and criteria estab­ ferred to as a product license,* which is product. lished by Veterinary Services for evaluat­ issued pursuant to Part 102 of this sub­ (g) Diluent. A liquid used to rehydrate ing biological products to be pure, safe, chapter to the holder of an establishment a desiccated product or a liquid used to potent, and efficacious, and not to be license, as a part of and ancillary to the dilute another substance. worthless, contaminated, dangerous, or establishment license, and which au­ (h) Serial. The total quantity of harmful under the Act. thorizes production of a specified biologi­ completed product which has been (b) [Reserved] cal product in the designated licensed thoroughly mixed in a single container (c) Pure or purity. Quality of a bio­ establishment. and identified by a serial number: logical product prepared to a final form (u) U.S. Veterinary Biological Product Provided, That, when all or part relatively free of extraneous micro-orga­ License (Special). A document, some­ of a serial of liquid biological prod­ nisms and extraneous material (organic times referred to as a special license, uct is packaged as diluent for all or part or inorganic) as determined by test which is issued pursuant to Part 102 of of a serial of desiccated product, the methods or procedures established by this subchapter to the holder of an es­ resulting combination packages shall be tablishment license as a part of and an­ Considered a serial of the multiple frac­ Veterinary Services in Standard Require­ cillary to the establishment license and tion product. ments or in the approved Outline of which authorizes production of a speci­ (i) Subserial. Each of two or more Production for such product, but free of fied biological product in the licensed es­ properly identified portions of a serial extraneous micro-organisms or material tablishment subject to such restrictive which are further processed at different which in the opinion of the Deputy Ad­ production, distribution, or use of the times or under different conditions such ministrator adversely affects the safety, product as indicated on the license. as, but not limited to, being desiccated potency, or efficacy of such product. (v) U.S. Veterinary Biological Product in different size final containers and/or (d) Safe or safety. Freedom from Permit. A document, sometimes referred at different times. properties causing undue local or to as a permit, issued to a person author­ (j) Outline of production. A detailed systemic reactions when used as izing the importation of specified biologi­ protocol of methods of manufacture to recommended or suggested by the cal products subject to restrictions and be followed in the preparation of a bio­ manufacturer. controls as provided in the regulations. logical product and which may some­ (e) Sterile or sterility. Freedom from (w) Biological products. The term times be referred to as an outline. viable contaminating microorganisms as biological products, sometimes referred (k) Product Code Number. A number demonstrated by procedures prescribed to as biologies, biologicals, or products, assigned by Veterinary Services to each in Part 113 of this subchapter, Standard shall mean all viruses, serums, toxins, type of licensed biological product. Requirements, and approved Outlines of and analogous products of natural or Production. synthetic origin, such as diagnostics, § 101.4 Labeling terminology. (f) Potent or potency. Relative antitoxins, vaccines, live micro-orga­ Terms pertaining to identification and strength of a biological product as deter­ nisms, and the antigenic or immunizing packaging of biological products shall mined by test methods or procedures as components of micro-organisms, in­ mean: established by Veterinary Services in tended for use in the diagnosis, treat­ (a) Label. All written, graphic, or Standard Requirements or in the ap­ ment, or prevention of diseases of printed matter: proved Outline of Production for such animals. (l) Upon or attached to a final con­ product. (x) Micro-organisms. Microscopic or tainer of a biological product; (g) Efficacious or efficacy. Specific submicroscopic organisms, which are (2) Appearing upon any immediate ability or capacity of the biological prod­ sometimes referred to as organisms, carton or box used to package such final uct to effect the result for which it is Which may introduce or disseminate dis­ container; and offered when used under the conditions ease of animals. (3) Appearing on any accompanying recommended by the manufacturer. (y) Perpare or preparation. Sometimes enclosures (leaflets, inserts, or circulars) (h) Dose. The amount of a biological referred to as manufacture or produce, on which required information or direc­ product recommended on the label to be means the steps and procedures used in tions as to the use of the biological prod­ given to one animal at one time. the processing, testing, packaging, label­ uct shall be found. (i) Vaccinate. An animal which has ing, and storing of a biological product. (b) Labeling. All labels and other been inoculated, injected, or otherwise written, printed, or graphic matter ac­ administered a biological product being § 101.3 Biological products and related companying the final container. evaluated. terms. (c) Final container. The unit, bottle, .(j) Control animal. An animal, which When used in conjunction with or in vial, ampule, tube, or other receptacle may be referred to as a control, used in reference to a biological product, the into which any biological product is filled a test procedure for purposes of compari­ following terms shall mean: for distribution and sale. son or to add validity to the results. (a) Licensed biological product. A (d) True name. The name entered on (k) Day. Time elapsing between any biological product prepared within a li­ the product license, specal license, or per­ regular working hour of one day and any censed establishment by a person hold­ mit at the time of issuance to differenti­ regular working hour of the following ing an unexpired, unsuspended, and un­ ate the biological product from others: day. revoked product license or special license Provided, That, the principal part of § 101.6 Cell cultures. for such product. such name shall be emphasized on such When used in conjunction with or in (b) Experimental biological product. A license or permit by being more promi­ reference to cell cultures, which may be biological product which is being evalu­ nently lettered than descriptive terms referred to as tissue cultures, the follow­ ated to substantiate an application for which may be necessary to complete the ing terms shall mean: a product license, special license, or differentiation. (a) Batch of primary cells. A pool of permit. (e) Serial number. Numbers or num­ original explanted cells derived from (c) Completed product. A biological bers and letters used to identify and dis­ normal tissue up to and including the product in bulk or final container pro­ tinguish one serial from others. 10th subculture.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 No. 62—Pt. i---- 2 8428 RULES AND REGULATIONS (b) Cell line. A pool of explanted cells that the Federal Aviation Administration Issued in Aurora, Colo, on March 23, which are 11 or more subcultures from was considering an amendment to Part 1973. the tissue of origin. 71 of the Federal Aviation Regulations M. M. Martin, (c) Subculture. Each flask to flask that would alter the transition area at Director, Rocky Mountain Region. transfer or passage regardless of the Jamestown, N. Dak. In § 71.181 (38 FR 435), the descrip­ number of cell replications. Interested persons were given 30 days tion of the Missoula, Mont., transition (d) Master Cell Stock (MCS). The in which to submit written comments, area as amended (38 FR 2963) is fur­ supply of cells of a specific passage level suggestions, or objections. No objections ther amended, in part, as follows: have been received and the proposed from which cells for production of a vac­ Missoula, Mont. cine originate. amendment is hereby adopted without change. In the 1,200-foot portion of the transition § 101.7 Seed virus. area delete “5 west and 9.5 miles east of the When used in conjunction with or in Effective date. This amendment shall Missoula VORTAC 170® radial” and substi­ reference to seed virus, the following be effective 0901 G.m.t., May 24, 1973. tute “7 west and 9.5 miles east of the Mis­ terms shall mean: (Sec. 307 (a), Federal Aviation Act of 1958, as soula VORTAC 170® radial” therefor. (a) Master Seed Virus. That virus at amended, 49 U.S.C. 1348(a); sec. 6(c), De­ [FR Doc.73-6226 Filed 3-30-73;8:45 am] a specified passage level, sometimes re­ partment of Transportation Act, 49 U.S.C. 1655(c)) ferred to as MSV, which has been se­ [Airspace Docket No. 73-SO-17] lected and permanently stored by the Issued in Aurora, Colo., on March 23, licensee from which all other seed virus 1973. PART 71— DESIGNATION OF FEDERAL is derived within permitted passage levels. M. M. Martin, AIRWAYS, AREA LOW ROUTES, CON­ (b) Working Seed Virus. Seed virus, at Director, Rocky Mountain Region. TROLLED AIRSPACE, AND REPORTING POINTS a passage level between the Master Seed In § 71.181 (38 FR 435) the descrip­ Virus and Production Seed Virus and Extension of VOR Federal Airway sometimes referred to as WSV. tion of the Jamestown, N, Dak., transi­ (c) Production Seed Virus. That virus tion area'is amended to read: The purpose of this amendment to Part J amestown, N. Dak. 71 of the Federal Aviation Regulations is at a specified passage level, sometimes to extend V-168 from Gossett, Ala., in­ referred to as PSV, which is used directly That airspace extending upward from 700 without further propagation for inocula­ feet above the surface within a 10-mile ra­ tersection to LaGrange, Ga. tion of the embryos, cell cultures, or ani­ dius of the Jamestown Municipal Airport Presently, this segment of the airway is mals used for preparation of a produc­ (latitude 46®55'55" N., longitude 98°40'40" designated, V-66. This amendment will W.); and within 3.5 miles each side of the codesignate the segment as V-168. The tion lot of vaccine. Jamestown VORTAO 315° radial extending extension of V-168 will simplify flight 2. Section 123.1 (i) and (q) arefrom the 10-mUe-radius area to 17.5 miles planning between Birmingham, Ala., and amended to read: northwest of the Jamestown VORTAC; and Atlanta, Ga. that airspace extending upward from 1,200 § 123.1 Definitions. feet above the surface within a 19-mile ra­ Since this amendment is minor in na­ ***** dius of the Jamestown VORTAC extending ture with no substantive change in reg­ (i) Licensee. A person to whom an es­from the 326° radial clockwise to the 083? ra­ ulations, notice, and public procedure dial; within a 20-mile radius of the James­ thereon are unnecessary. However, since tablishment license and at least one town VORTAC extending from the 083* ra­ sufficient time must be allowed to make product license or special license has dial clockwise to the 279® radial; within a appropriate changes on Aeronautical been issued. 21-mile radius of the Jamestown VORTAC Charts, this amendment will become ef­ ***** extending from the 279® radial clockwise to fective more than 30 days after publi­ (q) Biological products. The term bio­ the 287® radial; within 9.5 miles southwest and 4.5 miles northeast of the Jamestown cation. logical products, sometimes referrèd to ‘VORTAC 315® radial extending from the 19- In consideration of the foregoing Part as biologies, biologicals, or products, shall and 21-mile-radius areas to 25.5 miles north­ 71 of the Federal Aviation Regulations is mean all viruses, serums, toxins, and west of the Jamestown VORTAC; and within amended, effective 0901 G.m.t. May 24, analogous products of natural or syn­ 4.5 miles southwest and 9.5 miles northeast 1973, as hereinafter set forth. thetic origin, such as diagnostics, anti­ of the Jamestown VORTAC 136® radial ex­ toxins, vaccines, live micro-organisms, tending from the 20-mUe-radius area to 25.5 Section 71.123 (38 FR 307) is amended miles southeast of the Jamestown VORTAC. as follows: killed micro-organisms, and the anti­ In V-168 delete “From Birmingham, genic or immunizing components of mi­ [FR Doc.73-6225 Filed 3-30-73;8:45 am] Ala., to INT Birmingham 113° and Talla­ cro-organisms, intended for use in the dega, Ala., 179° radials.” and substitute diagnosis, treatment, or prevention of “FTom Birmingham, Ala., to INT Bir­ diseases of animals. [Airspace Docket No. 73-RM-4] mingham 113° and Talladega, Ala., 178° ***** pART 71— DESIGNATION OF FEDERAL radials; LaGrange, Ga.” therefor. Effective dates. This amendment takes AIRWAYS, AREA LOW ROUTES, CON­ (Sec. 307(a), Federal Aviation Act of 1958, effect April 27, 1973. TROLLED AIRSPACE, AND REPORTING- 49 U.S.C. 1348(a); sec. 6(c), Department of POINTS Transportation Act, 49 U.S.C. 1655(c)) Done at Washington, D.C. this 28th Alteration of Transition Area Issued in Washington, D.C., on March day of March 1973. 23,1973. F. J. Mtjlhern, On February 22, 1973, a notice of H. B. Helstrom, Administrator, Animal and Plant proposed rulemaking was published in Chief, Airspace and Health Inspection Service. the F ederal R egister (38 FR 4776) stat­ Air Traffic Rules Division. [PR Doc.73-6300 Filed 3-30-73:8:45 am] ing that the Federal Aviation Adminis­ [FR Doc.73-6224 Filed 3-30-73;8:45 ami tration was considering an amendment Title 14— Aeronautics and Space to Part 71 of the Federal Aviation Reg­ ulations that would alter the description SUBCHAPTER F— AIR TRAFFIC AND GENERAL CHAPTER 1— FEDERAL AVIATION ADMIN­ of the Missoula, Mont., transition area. OPERATING RULES ISTRATION, DEPARTMENT OF TRANS­ [Reg. Docket No. 12654; Arndt. 95-231] PORTATION Interested persons were given 30 days in which to submit written comments, PART 95— IFR ALTITUDES SUBCHAPTER E—AIRSPACE suggestions, or objections. No objections [Airspace Docket No. 73-RM-2] have been received and the proposed Miscellaneous Amendments PART 71— DESIGNATION OF FEDERAL amendment is hereby adopted without The purpose of this amendment to AIRWAYS, AREA LOW ROUTES, CON­ change. Part 95 of the Federal Aviation Regula­ TROLLED AIRSPACE, AND REPORTING Effective date. This amendment shall tions is to make changes in the IFR alti­ POINTS be effective 0901 G.m.t. May 24, 1973. tudes at Which all aircraft shall be flown over a specified route or portion thereof. Alteration of Transition Area (Sec. 307(a), Federal Aviation Act of 1958, On February 27, 1973, a notice of pro­ as amended, 49 U.S.C. 1348(a); sec. 6(c), These altitudes, when used in conjunc­ Department of Transportation Act, 49 TJ.S.C. tion* with the current changeover points posed rulemaking was published in the for the routes or portions thereof, also F ederal R egister (38 FR 5260) stating 1655(c)) FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 RULES AND REGULATIONS 8429 assure navigational coverage that is ade­ Section 95.6011 VOR Federal Airway Boswell INT, Ind.; *Swanington INT, Ind.; quate and free of frequency interference 11 is amended to delete: **4,000. *4,000—MRA. **2,300—MOCA. for that route or portion thereof. Indianapolis, Ind., VOR; Fairmont INT, Ind.; Section 95.6148 VOR Federal Airway As a situation exists which demands 2,900. 148 is amended to read in part: Fairmont INT, Ind.; Rock Creek INT, Ind.; immediate action in the interest of Tyndall INT, S.D.; Dolton INT, S.D.; *4,000. 2,600. *3,200—MOCA. safety, I find that compliance with the Rock Creek INT, Ind.; Port Wayne, Ind., VOR; Dolton INT, S.D.; Sioux Falls, S.D., VOR; notice and procedure provisions of the 2 ,200. *3,400. *3,000—MOCA. Indianapolis, Ind., VOR via E alter.; Pendle­ Administrative Procedure Act is imprac­ ton INT, Ind., via E alter.; 2,900. Section 95.6161 VOR Federal Airway ticable and that good cause exists for Pendleton INT, Ind., via E alter.; »Fairmont 161 is amended to read in part: making this amendment effective within INT, Ind., via E alter.; 3,300. *3,300—MCA Mason City, Iowa, VOR via Walter.; Myrtle less than 30 days from publication. Fairmont INT, southbound. INT, Minn., via Walter.; 3,000. Fairmont INT, Ind., via E alter.; Rock Creek In consideration of the foregoing and Myrtle INT, Minn., via Walter.; Rochester, INT, Ind., via E alter.; 2,600. Minn., VOR via Walter.; *3,000. *2,700— pursuant to the authority delegated to Rock Creek INT, Ind., via E alter.; Fort MOCA. me by the Administrator (24 FR 5662), Wayne, Ind., VOR via E alter.; 2,200. Section 95.6170 VOR Federal airway Part 95 of the Federal Aviation Regula­ Section 95.6013 VOR Federal Airway 170 is amended to read in part: tions is amended, effective April 26,1973, 13 is amended to read in part: Blue Earth INT, Minn.; Rochester, Minn., as follows: Freeborn INT, Minn., via W alter.; *Alma VOR; *3,100. *2,700—MOCA. City INT, Minn., via W alter.; **4,300. 1. By amending Subpart C as follows: Section 95.6181 VOR Federal airway Section 95.1001 Direct Routes—United *4,300—MRA. **2,700—MOCA. Mason City, Iowa, VOR; Newry INT, Minn.; 181 is amended to read in part: States is amended by adding: *3,000, *2,600—MOCA. Yankton, S.D., VOR via W alter.; Dolton INT, From, to, and ME A Newry INT, Minn.; Hope INT, Minn.; *3,000. S.D., via W alter.; *3,400. *3,100—MOCA. *2,400—MOCA. Dolton INT, S.D., via W alter.; Sioux Falls, Tulsa, Okla., VORTAC via R-358 TUL/R-223 westbound 8,000. Eastbound 6,000. *5,300— MKC; Kansas City, Mo., VORTAC; 18,000. Section 95.6042 VOR Federal Airway MOCA. MAA—45,000. 42 is amended to delete: . Section 95.6204 VOR Federal airway Section 95.5000 High Altitude RNAV Flint, Mich., VOR via E alter.; Bloomer INT, Routes. Mich., via E alter.; *3,000. *2,500—MOCA. 204 is amended to read in part: Bloomer INT, Mich., via E alter.; Dyke INT, Tampico INT, Wash.; »Yakima, Wash., VOR From/To; total distance; changeover point Mich., via E alter.; *2,700. *2,300—MOCA. westbound 8,000. Eastbound 6,000. *5,300— distance from geographic location; track Dyke INT, Mich., via E alter.; United States- MCA Yakima VOR, westbound. angle; ME A; and MAA Canadian border, via E alter.; *2,300. J874R is amended to read: *2,000—MOCA. Section 95.6213 VOR Federal airway 213 is amended to read in part: Memphis, Tenn., W/P, Rome, Ga. W/P; 244; Section 95.6045 VOR Federal Airway 50, Memphis; 094°/274° to COP, 100V2800 45 is amended to read in part: Eureka INT, N.C.; Rocky Mount, N.C., to Rome; 18,000; 45,000. VORTAC; *2,000. *1,400—MOCA. Sable INT, Mich., via W alter.; Alpena, Mich., Section 95.6006 VOR Federal airway 6 VOR via W alter.; 3,000. Section 95.6218 VOR Federal Airway is amended to read in part: Alpena, Mich., VOR; *Rainy INT, Mich.; 218 is amended to read in part: From, To, and ME A **2,600. *4,000—MRA. **2,100—MOCA. Naperville, 111., VOR; *Surf INT, 111.; 3,100. Rainy INT, Mich.; Pellston, Mich., VOR; *3,100—MCA Surf INT, westbound. Yutan INT, Neb.; Gretna INT, Neb.; 3,000. *2,600. *2,100—MOCA. Gretna INT, Neb.; Omaha, Neb. VOR; *2,800. Section 95.6047 VOR Federal airway Section 95.6267 VOR Federal Airway *2,600—MOCA. 47 is amended by adding: 267 is amended to read in part: Omaha, Neb. VOR; Treynor INT, Iowa; *2,800. *2,400—MOCA. Salem, Mich., VOR; Hunter INT, Mich.; Biscayne Bay, Fla., VOR; Miami, Fla., VOR; Treynor INT, Iowa; *Lyman INT, Iowa; *2,800. *2,500—MOCA. *2,000. *1,600—MOCA. * *3,000. *3,500—MBA. * *2,600—MOCA. Section 95.6047 VOit Federal airway Section 95.6306 VOR Federal Airway Section 95.6007 VOR Federal airway 7 47 is amended to delete: 306 is amended by adding: is amended to read in part: Salem, Mich., VOR; Dennis INT, Mich.; Navasota, Tex., VOR via N alter.; Cleveland *2,900. *2,700—MOCA. INT, Tex., via N alter.; *2,000. *1,700— ♦Niles INT, HI.; Evanston INT, HI.; 3,100. MOCA. *3,100—MCA Niles INT, northbound. Section 95.6056 VOR Federal airway Cleveland INT, Tex., via N alter.; Daisetta, Section 95.6008 VOR Federal airway 8 56 is amended to read ill part: Tex., VOR via N alter.; *1,800. *1,500— is amended to read in part: Craig, Ala., VOR; *Benton INT, Ala.; **2,000. MOCA. Yutan INT, Neb.; Gretna INT, Neb.; 3,000. *2,800—MRA. **1,500—MOCA. Section 95.6307 VOR Federal Airway Gretna INT, Neb.; Omaha, Neb. VOR; *2,800. Benton INT, Ala.; Montgomery, Ala., VOR; 307 is amended to read in part: *2,600—MOCA. *2,000. *1,500—MOCA. Tokeen INT, Alas.; Port Walter DME Fix, Omaha, Neb. VOR; Treynor INT, Iowa; *2,800. Section 95.6071 VOR Federal airway *2,400—MOCA. Alas.; *9,000. *6,100—MOCA. MEA is es­ 71 is amended to read in part: tablished with a gap in navigation signal Treynor INT, Iowa; *Lyman INT, Iowa; coverage. **3,000. *3,500—MR A. **2,700—MOCA. Reeds INT, Mo.; Spoke INT, Mo.; *3,000. *2,400—MOCA. Section 95.6317 VOR Federal Airway Section 95.6010 VOR Federal airway Spoke INT, Mo.; Springfield, Mo., VOR; 3,000. 317 is amended to read in part: 10 is amended to read in part: Section 95.6078 VOR Federal Airway Crescent DME Fix, Alas.; Yakutat, Alas., Naperville, Hl., VOR via N alter.; *Surf INT, VOR; *3,000. *2,000—MOCA. HI. via N alter.; 3,100. *3,100—MCA Surf 78 is amended to read in part: INT, westbound. Minn.; *4,000. *2,600—MOCA. Section 95.6353 VOR Federal Airway 353 is added to read: Section 95.6011 VOR Federal Airway Watertown, S.D., VOR; Dawson DME Fix, 11 is amended by adding: Minn.; *3,800. *3,100—MOCA. Jackson, Mich., VORTAC; Flint, Mich., Dawson DME Fix, Minn.; Clara City INT, VORTAC; *2,800. *2,300—MOCA. Indianapolis, Ind,, VOR; Marion, Ind., VOR: 2.900. Section 95.6116 VOR Federal Airway Section 95.6438 VOR Federal airway Marion, Ind., VOR; Rock Creek INT, Ind.; 116 is amended to read in part: 438 is amended to read in part: *2,600. *2,200—MOCA. Naperville, m., VOR; *Surf INT, HI.; 3,100. Fairbanks, Alaska., VOR via W alter.; Mayse Rock Creek, INT, Ind.; Port Wayne, Ind., *3,10Q—MCA Surf INT, westbound. INT, Alaska, via W alter.; *7,000: *6,800— VOR; *2,600. *2,000—MOCA. MOCA. Indianapolis, Ind. VOR via E alter.; Pendle­ Section 95.6128 VOR Federal Airway Mayse INT, Alaska, via W alter.; Fort Yukon, ton INT, Ind. via E alter.; 2,900. 128 is amended to read in part: Alaska, VOR via W alter.; 2,200. Pendleton INT, Ind. via E alter.; Marion, Ind., Kentland INT, Ind.; Boswell INT, Ind.; Section 95.6448 VOR Federal airway VOR via E alter.; *2,600. *2,400—MOCA. *2,600. *2,300—MOCA. 448 is amended by adding: FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 1973 8430 RULÉS AND REGULATIONS ♦Yakima, Wash., VOR via S alter.; INT 108 M issued in Washington, D.C., on effective date of the rule would be re­ rad, Yakima VOR and 182 M rad, Ephrata, March 22, 1973. garded as the institution of a new pro­ VOR via S alter.; 6,000. *9,500—MCA Ya­ kima, VOR, Southwest-bound. C. R. M elttgin, Jr., ceeding, and the outstanding authority Acting Director, of the air taxi operator under Part 298 Section 95.6456 VOR Federal airway Flight Standards Service. to carry mail affected by such proceeding 456 is amended to read in part: would automatically be terminated. The [FR Doc.73-6075 Filed 3-30-73; 8:45 am] Black Hill INT, Alaska; King Salmon, Alaska, Postal Service recommends that the rule VOR; ♦#14,000. *2,300—MOCA. #MEA is should be revised so as to provide that established with a gap in navigation signal CHAPTER II— CIVIL AERONAUTICS BOARD air taxi operators whose mail rates are coverage. SUBCHAPTER A— ECONOMIC REGULATIONS open—even if not final—on the effective date of the rule, shall also have continu­ Section 95.6473 VOR Federal airway [Reg. ER-793; Arndt. 16] 473 is amended by adding: ing Part 298 authority to carry mail. We PART 298— CLASSIFICATION AND have determined to adopt this suggestion, Level Island, Alaska, VOR; Port Walter DME EXEMPTION OF AIR TAXI OPERATORS and any air taxi mail rate which is open Fix, Alaska; *7,000. *6,100—MOCA. Port Walter DME Fix, Alaska; Biorka Island, Carriage of Mail on the effective date of the, rule will be Alaska, VOR; 6,000. finally determined by the Board.4 Adopted by the Civil Aeronautics Board The Postal Service also recommends Section 95.6493 VOR Federal airway at its office in Washington, D.C., on the that provision be made in the instant 493 is amended by adding: 27th day of March 1973. rule for the carriage of mail by air taxi Livingston INT, Mich.; Owosso INT, Mich.; By notice of proposed rulemaking operators pursuant to contracts with *4,000. *2,100—MOCA. EDR-239,1 the Board proposed to amend certified air carriers, rather than with Owosso INT, Mich.; Mount Pleasant, Mich., Part 298 of its Economic Regulations (14 the Postal Service.3 We have not accepted VOR; *2,600. *2,300—MOCA. CPR Part 29?), so as to (1) provide that this recommendation, because such op­ Section 95.6493 VOR Federal airway air taxi operators may transport mail erations require no specific provision in 493 is amended to delete: only pursuant to contracts with the this rule. The agreements referred to are Postal Service in accordance with 39 Livingston INT, Mich.; Flint, Mich., VOR; subject to approval by the Board, and if *2,800. *2,300—MOCA. U.S.C. 5402(b) or (c), except that opera­ the Board grants such approval it does tions under existing authority may be so by an order which contains language Section 95.7024 Jet Route No. 24 is continued; and (2) delete the existing exempting the air taxi operators from amended by adding: regulations which provide procedures for the provisions of Part 298 to the extent From, To, ME A, and MAA the establishment by the Board of rates for the transportation of mail by air taxi necessary to enable them to transport Hill City, Kans., VORTAC; Salina, Kans., mail pursuant to the agreements. VORTAC; 18,000; 45,000. operators. The amendments were pro­ Salina, Kans., VORTAC; Kansas City, Mo., posed in view of the fact that the Postal Aside from the above-discussed modi­ VORTAC; 18,000; 45,000. Service now has authority, under the fications, the final rule embodies general Postal Reorganization Act,2 to contract Section 95.7062 Jet Route No. 62 is editorial revisions of the text of the directly with air taxi operators for the proposed rule. amended by adding: transportation of mail, in all markets, Nantucket, Mass., VORTAC; Cod INT, Mass.; at rates specified in the contracts^ The Since this rule imposes no burden 18,000; 45,000. Postal Service has not used Board pro­ upon any person but merely amends the Section 95.7080 Jet Route No. 80 is cedure for the procurement of new air Board’s regulations authorizing air taxi amended by adding: taxi mail service since the Postal Re­ operators to carry mail, in light of the organization Act became effective on will city, Kans., VORTAC; Kansas City, Mo., Postal Service’s statutory authority to July 1, 1971, and it has advised the contract with air taxi operators for such VORTAC; 18,000; 45,000. Board that all future air taxi mail ar­ Section 95.7080 Jet Route No. 80 is rangements—including the adjustment services, the Board finds that the rule amended to delete: of existing rates—will be made under may become effective immediately. TTiii City, Kans., VORTAC; Salina, Kans., the statutory contract authority. In consideration of the foregoing, the VORTAC; 18,000; 45,000. No comments were filed in response to Civil Aeronautics Board hereby amends Salina, Kans., VORTAC; Kansas City, Kans., the notice of proposed rulemaking, other Part 298 of its Economic Regulations VORTAC; 18,000; 45,000. than a communication from the Postal (14 CFR Part 298), effective April 2, Section 95.7097 Jet Route No. 97 is Service, suggesting certain technical 1973, as follows: amended by adding: modifications to the proposed rule. Upon 1. Amend the table of contents by de­ Haddock, INT, Mass.; Nantucket, Mass., consideration, we have determined to leting and reserving the title of § 298.24 VORTAC; 18,000; 45,000. adopt the amendments essentially as under Subpart C—Limitations on Ex- Section 95.7123 Jet Route No. 123 is proposed, but with the technical modifi­ amended to read in part: * The Postal Service points out that there cations hereinafter described. are some air taxi operators presently carry­ Kotzebue, Alas., VORTAC; Browerville, Alas., In order to avoid disruption of exist­ ing mail at the domestic service mail rates, LF/RBN; 18,000; 45,000. ing air taxi mail arrangements, we pro­ i.e., at the same rates as certificated air car­ Section 95.7502 Jet Route No. 502 is riers. The Postal Service suggests that pro­ posed to permit the continuation of op­ vision be made for these air taxi operators to amended to read in part: erations performed under outstanding continue to transport mail at such rates. Fairbanks, Alas., VORTAC; Purcell DME Fix, Part 298 authority.3 These operations However, no special provision is necessary to Alas.; *27,000; 45,000. *MEA is established accomplish this purpose, since these air taxi with a gap in navigation signal coverage. would continue in accordance with final operators’ mail rates (together with the do­ Purcell DME Fix, Alas.; Kotzebue, Alas., VOR; rates in effect pursuant to Part 298 at mestic service mail rates upon which they are 18,000; 45,000. the effective date of the amendatory based) are presently open pursuant to Order 70-12-48, dated Dec. 8, 1970 (Dockets 22671 2. By amending Subpart D as follows: rule. However, a petition filed with the and 22731). Therefore, the air taxi operators Section 95.8005 Jet Routes Change- Board for a rate adjustment after the in question may continue to transport mail over Points: pursuant to their outstanding authority, and From; To—Distance From Changeover Point 1 Dated Dec. 22, 1972, Docket 23988, 38 FR final rates wiU be determined by the Board 50. in accordance with its usual procedures. J—123 is amended by adding: * 39 U.S.C. 101, et seq., Public Law 91-375, «Typically, this situation occurs when a Kotzebue, Alas., VORTAC; Browerville, Alas., Aug. 12,1970. certificated air carrier requests authority to LF/RBN; 137; Otz. «Section 298.13 provides that the exemp­ suspend service in one or more markets, and Secs. 307, 1110, Federal Aviation Act of 1958, tion authority of air taxi operators to carry arranges with an air taxi operator for the 49 U.S.C. 1348,1510) mail shall expire on June 30,1974. latter to provide replacement service.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 RULES AND REGULATIONS 8431 eruptions, the table as amended to read order of the Board: Provided, how­ other temporary mail rate as may be ap­ as Sec. follows: ever, * * * proved from time to time by the Board 298.24 [Reserved] ***** until completion of such pending pro­ ceeding, and, thereafter, only at such 2. Amend § 298.21 by revising para­ (f) Limitations on carriage of mail. (1) After April 2, 1973, no air taxi oper­ final mail rate as shall have been fixed graphs (b) and (f), the amended para­ by order of the Board in such proceed­ graphs to read as follows: ator shall be authorized to carry mail except pursuant to contract with the ing. § 298.21 Scope of ^service authorized; Postal Service entered into pursuant to (2) The rules applicable to final mail geographical, equipment and mail sections 5402(b) or 5402(c) of the Postal rate proceedings set forth in Part 302 of service limitations, insurance and re­ Reorganization Act (39 U.S.C. 101, et this chapter shall govern the procedure porting requirements. . seq.): Provided, however, That within for establishing a final mail rate of an ***** the 48 contiguous States, Alaska and air taxi operator for purposes of this Hawaii— part. (See §§ 302.300 through 302.321, ex­ (b) Prohibition of regular service in cluding § 302.310 of this chapter.) markets served by certificated helicopter (i) An air taxi operator who is au­ carriers. An air taxi operator is pro­ thorized, on April 2, 1973, to carry mail * * * * * hibited from providing air transporta­ at a final mail rate then in effect, shall § 298.24 [Reserved] tion of persons or property, or holding continue to have authority under this 3. Delete and reserve § 298.24 as out to the public expressly or by course part to carry mail, but only at such final set forth above. of conduct, that it provides such trans­ mail rate; and (Sec. 204(a), 406, and 416 of the Federal portation regularly or with a reasonable (ii) An air taxi operator who is au­ Aviation Act of 1958, as aihended, 72 Stat. degree of regularity between any points thorized, on April 2, 1973, to carry mail 743, 763 (as amended by 76 Stat. 145, 80 Stat. where scheduled helicopter passenger at a temporary mail rate approved by 942), 771; 49 U.S.C. 1324, 1376, 1386) service, or community center and inter­ the Board pending determination of a airport service, is provided by the holder final mail rate in a proceeding which By the Civil Aeronautics Board. of a certificate of public convenience and is then pending, shall continue to have [seal] E dw in Z. H olland, necessity either in accordance with such authority under this part to carry mail, Secretary. certificate or pursuant to exemption but only at such temporary mail rate or [FR Doc.73-6285 Filed 3-30-73;8:45 am]

Title 24— Housing and Urban Development CHAPTER X— FEDERAL INSURANCE ADMINISTRATION, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM PART 1914—AREAS ELIGIBLE FOR THE SALE OF INSURANCE Status of Participating Communities Section 1914.4 of Part 1914 of Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations is amended by adding in alphabetical sequence a new entry to the table. In this entry, a complete chronology of effective dates appears for each listed community. Each date appearing in the last column of the table is followed by a designation which indicates whether the date signifies the effective date of the authorization of the sale of flood insurance in the area under the emergencv or the regular flood insurance program. The entry reads as follows: § 1914.4 Status of participating communities. * * * * * *

Effective date State of authorisation County Location Map No. State map repository Local map repository of sale of flood insurance for area

Alabama...... Tuscaloosa______Tuscaloosa, _ City of. Apr. 6, 1973. Connecticut-----New Haven...... Branford, Emergency. Town of. Do. Illinois______.. Lake______----- HighlandHighland Park. Park, ___1...... _...... Village of. Michigan____ .. Macomb____ -----Mount Clemens, City of. Missouri____ .. St. Louis...... ___ MacKenzie, Village of. Do. New York___ .. Orleans...... -----Carlton,Carlton, Town Town of. of...... Do...... Steuben_____-----SouthSouth Corning, Corning, ...... I ...... *...... VillorraVillage nfof. ~ ~ ~ r ------UO* Ohio...... Medina_____ ...... Brunswick, City of. -...... *...... Do. Do...... Ottawa_____ City of...... - -...... -...... -...... -...... Do. Pennsylvania.... Bradford____ -----Monroe, ^ _ Borough of...... Do’ D o ...... D auphin...... Upper Paxton...... ;... „ , . ’ Township of...... *...... „ n o ...... Indiana...... Homer, City o f...... _ Vermont------Chittenden...___Burlington ____ * ' * . ------* Do. City of. , ...... V...... Do.

Insura“c® ^ ct of 1968 (title XIII of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 FR 17804, 24’ 1969>’ 42 delegation o/authority * Issued: March 27, 1973. G eorge K. Bernstein, Federal Insurance Administrator. [FRDoc.73-6195 Filed 3-30-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8432 RULES AND REGULATIONS

Title 24— Housing and Urban Development CHAPTER X— FEDERAL INSURANCE ADMINISTRATION, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM PART 1914— AREAS ELIGIBLE FOR THE SALE OF INSURANCE Status of Participating Communities Section. 1914.4 of Part 1914 of Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations is amended by adding in alphabetical sequence a new entry to the table. In this entry, a complete chronology of effective dates appears for each listed community. Each date appearing in the last column of the table is followed by a designation which indicates whether the date signifies the effective date of the authorization of the sale of flood insurance in the area under the emergency or the regular flood insurance program. The entry reads as follows: § 1914.4 Status of participating communities. * * * • * * *

Effective date of authorization of State County Location Map No. State map repository Local map repository sale of flood insurance for area • * * ♦ * * Illinois...... Lake...... - ...... — Unincorporated Apr. 4,1978. areas. Emergency New Jersey____Middlesex..______Carteret, Do. Borough of. Ohio______Lucas...... Jerusalem, Do. Township of. Pennsylvania - Dauphin...... Reed, Township De. of. Do______Luzerne...... Nanticoke, Do. City of. Do...... do...... White Haven, Do. Borough of. Do______Schuylkill______Gordon, Do. Borough of. Do...... Tioga...... Lawrenceville, Do. Borough of. Virginia...... - Halifax...... Unincorporated Do. areas. Wisconsin...... Sheboygan...... do...... Do.

(National Flood Insurance Act of 1968 (title X m of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 FR 17804, Nov. 28,1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 US.C. 4001-4127; and Secretary's delegation of authority to Federal Insurance Administrateur, 34 FR 2680, Feb. 27, 1969; and designation of Acting Federal Insurance Administrator effective Aug. 13, 1971, 36 FR 16701, Aug. 25,1971) Issued: March 26, 1973. Charles W. W iecking, Acting Federal Insurance Administrator. (FR Doc.73-6122 FUed 3-30-73;8;45 am]

Title 31— Money and Finance: Treasury 1973, the President authorized the Oil grounds of error any allocation madè to CHAPTER II— FISCAL SERVICE, Import Appeals Board to grant in cer­ any,person under such regulation; DEPARTMENT OF THE TREASURY tain instances allocations of crude oil, (2) Without regard to the limits of unfinished oils, and finished products the maximum levels of imports estab­ SUBCHAPTER B— BUREAU OF THE PUBLIC DEBT without regard to the maximum levels of lished in section 2 of Proclamation 3279, imports established in section 2 of the as amended, (i) modify, on the grounds PART 306—GENERAL REGULATIONS Proclamation. This regulation amend­ of exceptional hardship, any allocation GOVERNING THE U.S. SECURITIES ment amends section 21 of Oil Import made to any person under such regula­ Form PD 1071; Correction Regulation 1 (Rev. 5), as amended, to tions; (ii) grant allocations of imports Form PD 1073, referred to in § 306.25 conform to the amended proclamation. of crude oil and unfinished oils in special (b ), 31 CFR Part 306, F ederal R egister, The necessity for the Oil Import Ap­ peals Board to act pursuant to the in­ circumstances to persons with importing Volume 38, No. 50, Part II, dated March histories who do not qualify for alloca­ 15, 1973 (38 FR 7078), should read creased authority is urgent; therefore, it “Form PD 1071.” is deemed unnecessary to publish notice tions under such regulations; and (iii) of proposed rulemaking in the F ederal grant allocations of imports of finished T homas J. W inston, Jr., R egister, and this amendment shall be­ products on the grounds of exceptional Chief Counsel, come effective immediately. Bureau of the Public Debt. Paragraph (b) of section 21 of Oil hardship to persons who do not qualify for allocations under such regulations; M arch 28, 1973. Import Regulation 1 (Rev. 5), as amended, is hereby amended to read as and [FR Doc.73-6267 Filed 3-30-73:8:45 am] follows: (3) Review the revocation or suspen­ Sec. 21 Appeals. sion of any allocation or license. Title 32A— National Defense, Appendix ***** ***** CHAPTER X—OFFICE OF OIL AND GAS, (b) The Appeals Board shall consider J ack O. H orton, DEPARTMENT OF THE INTERIOR petitions by persons affected by this reg­ Assistant Secretary of the Interior. [Rev. 5, Amdt. 55] ulation that fall within the limits of M arch 28,1973. Ol REG. 1— OIL IMPORT REGULATION 1 the jurisdiction specified in this para­ graph and may: Approved: March 29,1973. Oil Import Appeals Board ( 1 ) Within the limits of the maximum W illiam E. Sim on, By amendment to Presidential Procla­ levels of imports established in section 2 Deputy Secretary of Treasury. mation 3279, as amended, on March 23, of this proclamation, modify on the [FR Doc.73-6357 Filed 3-29-73;4:59 pm]

FEDERAL REGISTER, V O L 38, NO. 62— MONDAY, APRIL 2, 1973 RULES AND REGULATIONS 8433

Title 33— Navigation and Navigable Waters Lawrence Seaway Development Corpo­ SUBPART B—RULES CHAPTER I— COAST GUARD, ration to revise Subpart A—Regulations Preclearance and Security for P ayment DEPARTMENT OF TRANSPORTATION and Subpart B—Rules of 33 CFR Part of T olls 401. In revising the regulations and rules, Sec. SUBCHAPTER J— BRIDGES the Corporation is acting jointly and in 401.101-1 Representative. [CGD 72-173R] coordination with the St. Lawrence Sea­ 401.101-2 Application for preclearance. PART 117— DRAWBRIDGE OPERATION way Authority of Canada pursuant to 401.101-3 Renewal application. REGULATIONS the provisions of Its enabling act (33 401.101-4 Approval of preclearance. U.S.C. 981, et seq.), and pursuant to the 401.101-5 Security for tolls. Back Bay of Biloxi, Miss. authority vested in the Secretary of 401.101-6 Amount of single vessel security. This amendment adds regulations for Transportation with respect to the St. 401.101-7 Amount of fleet security. the Back Bay of Biloxi swing bridge, mile Lawrence Seaway under the Ports and Condition of Vessels 2.8, to permit the draw to remain closed Waterways Safety Act of 1972 (Public 401.102-1 Dimensions. to the passage of vessels from 3 p.m. to Law 92-340, 86 Stat. 424), which au­ 401.102-2 Draft. 5 p.m., Monday through Friday, except thority was subsequently delegated to 401.102-3 Draft markings. holidays, from March 20, 1973, through the Administrator of the St. Lawrence 401.102-4 Height. October 19, 1973. This amendment is Seaway Development Corporation in the 401.102-5 Protruding bridges. F ederal R egister on October 17,1972 (37 401.102-6 Fenders. made to allow the continuance of exten­ 401.102-7 Fender requirements. sive repair and replacement work on FR 21943). 401.102-8 Discharge pipes. mechanical and electrical equipment and Each year the regulations and rules 401.102-9 Landing booms. wiring. are reviewed in light of the past season’s 401.102-10 Radiotelephone equipment. This rule is issued without notice of experience and amendments are pro­ 401.102-11 Mooring lines. proposed rulemaking. The Coast Guard posed for necessary changes. The main 401.1Ó2—12 Fairleads. purposes of this year’s revision are to 401.102-13 Requirements for mooring lines has found that good cause exists for tak­ and winches. ing this action on the basis that it would clarify existing regulations and rules, 401.102-14 Handlines. be contrary to the public interest to delay to incorporate information and supple­ 401.102-15 Anchor marking buoys. this work. mental requirements which were pre­ 401.102-16 Ballast. Accordingly, Part 117 of Title 33 of the viously published in Seaway Notices and 401.102-17 Stern anchors. Code of Federal Regulations is amended to incorporate new regulations regard­ 401.102-18 Propeller direction alarms and by adding subparagraph (20-a) immedi­ ing penal authority received from the r.p.m. indicators. Secretary of Transportation by delega­ 401.102-19 Pitch indicators. ately after subparagraph (20) of para­ tion under the Ports and Waterways 401.102-20 Sewage and garbage disposal sys­ graph (i) of § 117.245 to read as follows: tems. Safety Act of 1972. 401.102-21 Oily water separators. § 117.245 Navigable waters discharging Interested parties were invited to sub­ 401.102-22 Rudder angle indicators. into the Atlantic Ocean south of and mit written comments and suggestions 401.102-23 Gyro compasses. including Chesapeake Bay and into with respect to the proposed amend­ 401.102-24 Radar equipment. the Gulf of Mexico, except the Mis­ ments. Two comments were received and 401.102-25 Steering light. sissippi River and its tributaries and they dealt with an extension of the length 401.102-26 Vessel inspection. outlets; bridges where constant at­ of the proposed navigation season for Radio Communications tendance of draw tenders is not 1973. After a detailed consideration, it required. was concluded that the request could not 401.103-1 Listening watch. ***** 401.103-2 Radiotelephone frequencies. (i) * * * be complied with at this time. Therefore, 401.103-3 Location of stations. the proposed rules and regulations are 401.103-4 VHF radio coverage ’ and (20-a) Back Bay of Biloxi, mile 2.8, hereby adopted without change. procedure. Mississippi. The draw need not open for Because this revision was developed 401.103-5 Calling in. 401.103-6 Communication—ports, docks. the passage of vessels from 3 p.m. to jointly with the St. Lawrence Seaway and anchorages. 5 p.m., Monday through Friday except Authority of Canada and will be adopted by that agency at the beginning of the Transit I nstructions holidays, from 20 March 1973 through 1973 navigation season, I find that good 19 October 1973. 401.104- 1 Navigation season. cause exists for making the revision ef­ 401.104- 2 Special instructions. * * - * * * fective in less than 30 days. 401.104- 3 Compliance with instructions. (Sec. 5, 28 Stat. 362, as amended, sec. 6(g) (2), 401.104- 4 Available depths and draft. 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. 1655 The full text of the revision of Part 401 401.104- 5 Maximum draft for Canadian (g)(2); 49 CFR 1.46(C)(5), 33 CFR 1.05-1 of the Seaway Regulations and Rules is Sault Ste. Marie Canal. (C) (4)) as follows: 401.104- 6 Inadequate ballast. 401.104- 7 Reporting accidents or incidents. Effective date. This revision shall be in SUBPART A— REGULATIONS 401.104- 8 Furnishing information re Sec. height of vessel. effect from March 20,1973 through Octo­ 401.1 Short title. ber 19, 1973. 401.104- 9 Speed. 401.2 Definitions. 401.104- 10 Meeting and passing. Dated: March 21, 1973. 401.3 Transit of the Seaway. 401.104- 11 Passing restriction. 401.4 Preclearance of vessels. 401.104- 12 Speed passing moored vessel or W. M. Benkert, 401.5 Condition of vessels. working equipment. Rear Admiral, U.S. Coast Guard, 401.6 - Navigation on the Seaway. 401.104- 13 Order of passing through. Chief, Office of Marine En­ 401.7 Notice of arrival. 401.104- 14 Mooring at tieup walls. vironment and Systems. 401.8 Passing through. 401.104- 15 Limit of approach to a lock. 401.9 Dangerous cargo. 401.104- 16 Cargo booms. IFR Doc.73-6271 Filed 3-30-73;8:45 am] 401.10 Documentary evidence. 401.104- 17 Preparing mooring lines for 401.11 Accidents. passing through. 401.12 Detention of vessel. 401.104- 18 Entering a lock—general. ' CHAPTER IV— ST. LAWRENCE SEAWAY 401.13 Removal of obstructions. 401.104- 19 Tandem lockage. DEVELOPMENT CORPORATION 401.14 Wintering and laying up. 401.15 Access to Seaway. 401.104- 20 Passing handlines. PART 401— SEAWAY REGULATIONS AND 401.16 Summary conviction. 401.104- 21 Precautions in passing lines. RULES 401.17 Violations; detention. 401.104- 22 Mooring table. 401.18 Seizure and sale. 401.104^-23 Mooring procedure In locks. On pages 3087—3100 of the F ederal 401.19 Copy of regulations to be 401.104- 24 Emergency procedure. Register of February 1, 1973, and page . on board. 401.104- 25 Attending lines. 4518 of the F ederal R egister of Feb­ 401.20 Boarding vessel. 401.104- 26 Leaving a lock. 401.21 Discharge of refuse. 401.104- 27 Turning basins. ruary 15, 1973, there were published no­ 401.22 Criminal penalty. 401.104- 28 Dropping anchor or tying to tices of proposed rulemaking by the St. 401.23 Civil penalty. canal bank.

FEDERAL REGISTER, VOL. 38, NO. 62-—MONDAY, APRIL 2, 1973 8434 RULES AND REGULATIONS

Sec. Subpart A— Regulations all conditions prescribed by the Author­ 401.104- 29 Anchorage areas. ity in respect of towing and in compliance 401.104- 30 Reporting position at anchor, § 401.1 Short title. wharf, etc., and resuming with any special instructions of an officer. The regulations in this subpart may be (e) No pleasure craft of less than 20 transit. cited as the “Seaway Regulations”. 401.104- 31 Signaling approach to bridge. feet in overall length, or 1 ton in weight, 401.104- 32 Limit of approach to a bridge. § 401.2 Definitions. shall transit the South Shore, Beauhar- 401.104- 33 Vessels in tow. nois, or Welland Canals. 401.104- 34 Combined beam. In these regulations: 401.104- 35 Position of single tug. (a) “Authority” means the St. Law­§ 401.4 Preclearance o f vessels. 401.104- 36 Two tugs. rence Seaway Development Corporation, Ca) No vessel shall transit: 401.104- 37 Towing more than one vessel. and where applicable, shall be deemed to (1) Until an application for preclear­ 401.104- 38 Obstructing navigation. include the St. Lawrence Seaway Au­ 401.104- 39 Interference with aids to naviga­ ance has been made to the Authority by tion. thority of Canada; its representative and the application has 401.104- 40 Loss of anchor.

FEDERAL REGISTER, VOL. 3,8, NO. 62— MONDAY, APRIL 2, 1973 RULES AND REGULATIONS 8435

§ 401.6 Navigation on the Seaway. (b) All documentary evidence, includ­part or any directions of the Authority ing inspection certificates, vessel mani­ or of an officer given under the regula­ No vessel shall transit unless it : involved in an accident which might (1) Proceeds at a speed that is not in affect its ability to transit safely and shall be deemed to have violated those excess of that prescribed by the Author­ expeditiously, the master of the vessel provisions or directions unless, in any ity for that part of the Seaway in which shall report the accident to the nearest prosecution for such violation, he estab­ the vessel is traveling; Seaway station immediately if the vessel lishes that the act in respect of which (2) Complies with all orders given to can make radio contact with the sta­ the prosecution has been commenced, it by an officer or a station; and tion or forthwith as soon as the vessel took place without his consent, and that (3) Complies with this subpart and all can make radio contact with the station he exercised all due diligence to prevent directions given by the Authority in re­ in any other case. its commission. spect to navigation and passing through. (b> Where a vessel approaching the § 401.17 1 Violations; detention. (c) The Authority assumes no liabil­ Seaway with intent to transit has been ity in providing aids or things to assist involved in an accident in the course of (a) An officer may detain a vessel navigation. its last voyage that might affect its abil­ where: (d) Nothing in this subpart shall be ity to transit safely and expeditiously, (1) The tolls or charges levied against construed as derogating from the re­ the master of the vessel shall report the the vessel have not been paid; or sponsibility of a master for his vessel accident to the nearest Seaway station (2) A violation of the regulations of and its crew. this subpart has taken place in respect before entering the Seaway. of the vessel. § 401.7 Notice o f arrival. § 401.12 1 Detention of vessel. (b) A vessel detained pursuant to par­ (a) All self-propelled vessels in "Where an accident results : agraph (a)(1) of this section shall be transit or approaching the Seaway, ex­ (a) In damage to property of the released where the unpaid tolls or cept pleasure craft of less than 65 feet Authority; charges are paid. in overall length, shall: (b) In damage to goods or cargo stored (c) A vessel detained pursuant to par­ (1) Be on radio-listening watch; and on property of the Authority; or agraph (a) (2) of this section may be (2) Give notice of arrival in the man­ (c) In injury to employees of the released where a sum of money in an ner prescribed by the Authority upon Authority, the vessel causing such dam­ amount, determined by the Authority to reaching any calling-in-point designated age or injuries may be detained until be the maximum fine that may be im­ by the Authority. security satisfactory to the Authority has posed for the violation in respect of (b) Notice of arrival shall be deemed been provided. which the vessel has been detained, is to have been given when it is acknowl­ deposited with the Authority as security edged by a station. § 401.13 Removal of obstructions. for the payment of any fine that may be imposed. § 401.8 Passing through. The Authority may take such action as it deems necessary to relocate any (d) Where a sum of money has been (a) The crew of a vessel shall assist vessel, cargo, or things that, in its opin­ deposited pursuant to paragraph (c) of in the handling and passing through of ion, obstructs or hinders transit of any this section, the Authority may: the vessel in such manner as may be part of the Seaway. (1) Return the deposit; prescribed by the Authority. (2) Hold the deposit in trust as secu­ (b) Except as authorized by an offi­ § 401.14 Wintering and laying up* rity for the payment of any fine that cer, no person shall go aboard or leave No vessel shall winter or lay up within may be imposed; or any vessel while the vessel is passing the Seaway except with the written per­ (3) Retain the deposit if the depositor through. mission of the Authority and subject to agrees to retention by the Authority of § 401.9 Dangerous cargo. the conditions and charges that may be the sum deposited. imposed by the Authority. (e) Although the master or the repre­ (a) No vessel, carrying dangerous sentative may have agreed to retention cargo to which regulations issued pur­ § 401.15 Access to Seaway land. by the Authority of an amount deposited suant to the Dangerous Cargo Act of (a) Except as authorized by an officer, under paragraph (c) of this section, an the United States or regulations made no person shall load or unload goods on action may be brought for the recovery under the Canada Shipping Act apply, property of the Authority. of the amount deposited on the ground shall transit except in accordance with (b) Except as authorized by an officer that there has been no violation of the the requirements of such regulations or by the Shore Traffic Regulations, so regulations. and in accordance with all directions person shall enter upon any land or § 401.18 1 Seizure and sale. given by the Authority. structures of the. Authority or swim in (b) No vessel carrying fuel oil, gas­ any canal or lock area. (a) Where a vessel has been detained oline, other flammable goods, or other pursuant to § 401.17 and payment of the goods deemed by the Authority to be § 401.16 1 Summary conviction. tolls and charges or the fine imposed dangerous shall transit except in ac­ (a) A person who violates a regula­ on conviction has not been made within cordance with all directions given by tion is guilty of an offense and is liable 48 hours after: the Authority in respect of vessels on summary conviction to a fine not ex­ (1) The time of detention, in the case carrying such goods. ceeding $1,000. of arrears of tolls and charges; or (2) ' The imposition of the fine, in the § 401.10 Documentary evidence. (b) Every person who: (1) Handles any vessel contrary to thecase of conviction, the Authority may (a) The representative of a vesselprovisions of the regulations of this sub- direct that the vessel or its cargo or any shall, within 14 days after the vessel first enters the Seaway on any upbound part thereof be seized. or downbound voyage, furnish to the 1 Section 401.12 and § § 401.16 to 401.18 (b) The Authority may, after giving apply only to th a t portion of the Seaway such notice as it deems reasonable to a Authority in the form prescribed by the under the jurisdiction of the St. Lawrence Authority, a detailed report stating the Seaway Authority of Canada. These sections representative of the vessel, sell the ves­ destination of the vessel and the nature are included herein primarily for the purpose sel or cargo seized pursuant to para­ and quantity of its cargo. of information. graph (a) of this section.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 No. 62—Pt. I---- 3 8436 RULES AND REGULATIONS

(c) Any amount remaining from theany district court of the United States. be maintained in an amount sufficient proceeds of a sale held pursuant to para­ A vessel by means of which a violation to cover each and every transit for which graph (b) of this section shall, after de­ of a regulation or rule is committed shall tolls have been incurred and are unpaid. duction of the amount due for tolls and be liable in rem and may be proceeded charges or the amount of the fine im­ against accordingly. §401.101—7 Amount of fleet security. posed on conviction together with the Where a number of vessels are owned cost of the detention, seizure, and sale, Subpart B— Rules or controlled by the same person or com­ be paid to the owner of the vessel or P reclearance and S ecurity for P ayment pany and hiave the sanie representative, cargo or the mortgagee thereof, as the of T olls the security for tolls may be provided in case may be. § 401.101—1 Representative. an amount estimated by the representa­ tive as being equal to $1 per ton for the § 401.19 Copy of regulations to be kept Except as provided in the rules relating on board. aggregate, maximum tonnage of such to pleasure craft, §§ 401.107-1 to 401.107- vessels to be within the Seaway at any A copy of the regulations and rules of 7, every vessel intending to transit must one time, and it must be maintained in this part shall be kept on board every be precleared by a representative who an amount sufficient to cover each and vessel in transit on the Seaway. shall assume responsibility to the Au­ every transit for which tolls have been thority for the payment of all tolls- and incurred and are unpaid. § 401.20 Boarding vessel. charges to be incurred. For the purpose of enforcing the regu­ Condition of Vessels § 401.101—2 Application for preclear­ lations of this subpart, an officer may § 401.102—1 Dimensions. board any vessel and: ance. (a) Examine the vessel or its cargo; Application for preclearance will be Vessels in excess of 730 feet in overall and made by the representative on Form length or 75 feet 6 inches in extreme (b) Inspect its crew. SLS-429, a sample of which is shown in breadth including permanent fenders, if § 401.120-1. Application forms may be any, shall not transit under any § 401.21 Discharge of refuse. obtained from the St. Lawrence Seaway circumstances. No vessel in transit shall emit sparks Authority, Cornwall, Ontario, or from § 4 0 1 .102-2 Draft. or excessive smoke or discharge oil, oil the St. Lawrence Seaway Development sludge, or other flammable or dangerous Corporation, Massena, N.Y. Vessels shall not transit any part of substance, or garbage, ashes, ordure, lit­ the Seaway between Montreal and Lake ter, or other materials, and no person § 401.101—3 Renewal application. Erie with a maximum draft in excess shall deposit any such substance or ma­ Where a preclearance has terminated of 26 feet. terial in waters or on land or structures by expiration of the representative’s § 401.102—3 Draft markings. under the jurisdiction of the Authority. guarantee or because of a change in own­ ership or in the status of the representa­ Vessels in excess of 65 feet in overall § 401.22 8 Criminal penalty. tive or because of a change in the physi­ length must be correctly and distinctly (a) A person who willfully violates a cal characteristics of the vessel, another marked on both sides at the bow and regulation or rule is subject to a fine not application for preclearance must be stern, and vessels in excess of 350 feet less than $5,000 or more than $50,000 or made before further transit by the vessel. in overall length must also be so marked imprisonment for not more than 5 years on both sides with midship draft mark­ or both. §401.101—4 Approval of preclearance. ings. A Seaway officer may require the (b) For the purpose of paragraph (a) Preclearance may be approved by the Master of any vessel to produce satisfac­ of this section, a “person” is deemed to Authority in writing, assigning a Seaway tory evidence that draft markings are be anyone who: number, to which reference shall be made correct. (1) Handles any vessel contrary to the at all times when corresponding or mak­ § 4 0 1 .1 0 2 -4 Height. ing payments. provisions of these regulations or of any No vessel shall transit any part of the rules or directions of the Authority, or § 401.101—5 Security for tolls. Seaway if anything on the vessel extends an officer thereof, given under the regu­ Before transit, other than a transit re­ more than 117 feet above water level. lations or rules; stricted to the Sault Ste. Marie (Can­ (See § 401.104-8 with regard to required (2) Is a party to any act described in ada) Canal, by a vessel, other than a advance information on the height of paragraph (b) (1) of this section; or pleasure craft, security for the payment vessels.) (3) Is the owner, charterer or master of tolls must be provided in one of the § 401.102—5 Protruding bridges. of any vessel by means of which any act following ways: described in paragraph (b) (1) of this (a) A money deposit with the Au­ No vessel shall transit if any part of section is committed. its bridges protrudes beyond the vessel’s thority; hull. § 401.23 2 Civil penalty. (b) A money deposit to the credit of § 401.102—6 Fenders. (a) A person, as described in para­ the Authority with a bank in the United graph (b) of § 401.22, who violates a States or with a chartered bank in If fenders are used, they shall either regulation or rule is liable to a civil pen­ Canada; be permanently attached to the vessel alty of not more than $10,000. (c) A deposit with the Authority of or be made of such material as will re­ (b) In assessing or collecting any civil negotiable bonds of the Government of main afloat, and be securely fastened and penalty incurred under paragraph (a) of the United States or of the Government suspended from the vessel in a horizon­ this section, the Authority may, in its of Canada; or tal position by means of a steel cable discretion, remit, mitigate, or compromise (d) Furnishing the Authority with a or a fiber rope. Fenders suspended from any penalty. letter of guarantee given by,a bank re­ a vessel shall be slung in such a way that ferred to in paragraph (b) of this they may be raised or lowered so as to (c) Upon failure to collect a penalty section. avoid damage to Seaway installations, levied under this section, the Authority and automobile or other tires shall not may request the U.S. Attorney General § 401.101—6 Amount of single vessel be used as fenders. to commence any action for collection in security. The security for tolls in the case of § 401.102—7 Fender requirements. 8 Sections 401.22 and 401.23 apply only to one vessel shall be sufficient to cover the Vessels carrying explosive or hazard­ that portion of the Seaway under the Juris­ gross registered tonnage of that vessel ous cargo must be equipped with fenders diction of the St. Lawrence Seaway Develop­ at $1 per ton for transit each way, or at as specified in § 401.105-7, and fenders ment Corporation. $2 per ton for a “round trip”, and it shall or other devices must be provided where

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 RULES AND REGULATIONS 8437 any structural part of a vessel protrudes ter. Both lines may be led through closed chronized electric telegraph system or a so as to endanger Seaway installations. chocks and may be hand held. device which renders it impossible to op­ (b) Vessels in excess of 125 feet and erate engines against orders from the § 401.102—8 Discharge pipes. up to 200 feet in overall length shall have bridge, visible and audible wrong-way No vessel shall transit with pipes which four moorihg lines, two of which (one propeller direction alarms located in the discharge onto the top of a tieup or lock leading forward from the break of the wheelhouse and the engine room. wall. Discharge pipes will be rigged to bow and one leading astern from the § 401.102—19 Pitch indicators. assure that overboard discharge will be quarter, or one leading astern from the diverted into the water. break of the bow and one leading forward Vessels equipped with a variable pitch from the quarter) must be power oper­ propeller shall have a pitch indicator in § 401.102—9 Landing booms. ated from winches, capstans, or wind­ the wheelhouse and in the engineroom. Vessels in excess of 150 feet in overall lasses and must be led through a type of § 401.102—20 Sewage and garbage dis­ length must be equipped with at least fairlead acceptable to the Authority. The posal systems. one adequate landing boom on each side. two rem aining lines may be led through closed chocks and may be hand held. Vessels not otherwise equipped with § 401.102—10 Radiotelephone equip­ containers for ordures shall be equipped ment. (c) Vessels in excess of 200 feet in over­ all length shall have four mooring lines, with a sewage disposal system enabling All self-propelled vessels, other than which must be power operated from the compliance with applicable laws relative pleasure craft of less than 65 feet, must main drum of adequate power operated to sewage disposal. Garbage on a vessel be equipped with VHP (very high fre­ winches, and not from capstans or wind­ shall be destroyed by means of an in­ quency) radiotelephone equipment. The lasses. All four mooring lines (two lead­ cinerator or other device, or it shall be radio transmitters must have sufficient ing from the break of the bow and two retained on board in covered, leakproof power output to enable the vessel to com­ from the quarter) must be led through a containers until such time as it can be municate with Authority stations from type of fairlead acceptable to the disposed of lawfully. a distance of 30 miles and must be fitted § 401.102—21 Oily water separators. to operate from the wheelhouse and to Authority. (d) The following table sets out the re­ Vessels which cannot contain waste oil communicate on 156.55, 156.6, 156.7, and quirements for the location of fairleads: 156.8 MHz. products and bilge water containing waste oil products shall be equipped with § 401.102—11 Mooring lines. O verall length For mooring lines For mooring lines of vessel in feet Nos. 1 and t Nos. 3 and 4 oily water separators or other such (a) Mooring lines must be uniform equipment for the extraction of oil prod­ ucts from waste water before discharge. throughout their length, fitted with a 200 to 300.____ Between 30 and Between 30' and 80 spliced eye not less than 8 feet long and 80 ft. from the , ft. from the § 401.102—22 Rudder angle indicators. must have sufficient strength to check stem. stern. Over 300 to 400. Between 40 and Between 50 and the vessel. They must be arranged so that 100 ft. from the 110 ft. from the Vessels in excess of 260 feet in overall they may be led to either side of the stem. stem. length shall be equipped with rudder Over 400 to- 500. Between 40 and Between 50 and angle indicators located in the wheel- vessel as required. 110 ft. from the 130 ft. from the (b) Synthetic lines may be used for stem. stern. house, and it is strongly recommended Over 500 to 600. Between 50 and Between 60 and that the indicators or repeaters be ar­ mooring at approach walls, tieup walls, 130 ft. from the 150 ft. from the and docks within the Seaway provided stem. stem. ranged so that they are easily read from Over 600 to 730 . Between 60 and Between 70 and any position on the bridge. they have an appropriate breaking 160 ft. from the 170 ft. from the strength. Wire rope mooring lines must stem. stem. § 401.102—23 Gyrocompasses. be used for securing in lock chambers It is recommended that vessels be unless otherwise permitted. § 401.102—14 Handlines. (c) The following table sets out mini­ equipped with gyrocompasses. mum specifications for mooring lines: Handlines must be of manila or other § 401.102—24 Radar equipment. acceptable material and must have a minim um diameter of one-half inch and It is recommended that vessels be Ship’s overall length Length of Breaking (feet) mooring line strength a minimum length of 100 feet and must equipped with radar. (ffeet) (tons) not be knotted or weighted when they § 401.102—25 Steering light. are to be used in the chamber of a lock. 126 to 200...... 360 15 Vessels shall be equipped with a steer­ 20Q to 300___ 360 21 §401.102—15 Anchor marking buoys. ing light on the bow. 300 to 500 \ 360 28 50» to 730.___ 360 35 An orange-colored anchor marking § 401.102—26 Vessel inspection. buoy, of an approved type and fitted with 75 feet of suitable line, shall be secured Vessels shall provide at least 24-hour § 401.102-12 Fairleads. directly to each anchor so that it wiH notice of arrival to the nearest Seaway Mooring lines, and hawsers where per­ mark the location of the anchor when station prior to an initial transit or in mitted, must be led at the vessel’s Side it is dropped. case reinspection is required. through a type of fairlead acceptable to the Authority, and they shall not pass § 401.102-16 Ballast. R adio Communications through more than two inboard fairleads Vessels must be adequately ballasted. § 401.103—1 Listening watch. which must be fixed in place and provided with free-running sheaves or rollers. § 401.102—17 Stem anchors. As provided in the Seaway Regulations When mounted flush with the hull, fair- It is strongly recommended that ves­ (Subpart A of this part), vessels shall be leads should be fendered to prevent the sels in excess of 350 feet in overall length on radio listening watch on the assigned lines from being pinched between the be equipped with a stem anchor rigged frequency while within a Seaway traffic vessel and a wall. and ready for immediate use; all vessels control sector. in excess of 350 feet whose keels are laid § 401.102—13 Requirements for moor­ after January 1, 1975, shall be equipped § 401,103—2 Radiotelephone frequen­ ing lines and winches. with stem anchors. cies. Minimum requirements with respect to § 401.102—18 Propeller direction alarms The Seaway stations operate on the mooring lines and winches and with re­ following assigned VHF frequencies: spect to the location of fairleads on ves­ and r.p.m. indicators. sels are as follows: Vessels in excess of 260 feet in overall 156.8 MHz (Channel 16)—Safety and calling. 150.7 MHz (Channel 14)—Working (Cana­ (a) Vessels of 125 feet and less in oyer-length shall be equipped with propeller dian stations other than Lakes Ontraio all length shall have at least two mooring direction/shaft r.p.m. indicators and, and Erie). lines or hawsers, one leading from the unless the vessel is bridge controlled or 156.6 MHz (Channel 12)—Working (U.S. break of the bow and one from the quar­ Is equipped with an automatically syn- stations).

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8438 RULES AND REGULATIONS 156.55 MHz (Channel 11)—Working (Cana------—------dian stations, Lake Ontario, and eastern Call letters Call sign Location C.I.P. and Station to call Message content end of Lake Erie). ------checkpoint § 401.103—3 Location of stations. VDX72... (Seaway Oshawa)- Oshawa, Ontario- traffic control sector Tibbetts Seaway Picton— 1. Name of vessel. Point— ch. 11. 2. Location. The Seaway stations are for vessel N o . 5. entering 3. ETA Point traffic control purposes only, and are VDX22... (Seaway Welland). St. Catharines, sector 5. Petre. Ontario—traffic control 4. ETA Port located as follows: sector No. 6. Weller. VDX68... (Seaway Long Port Colbome, (C.I.P. 15) or Call letters Call sign Location Point.) Ontario—traffic con­ Lake Ontario trol sector No. 7. Port. VDX23—. (Seaway Sault)__ Sault Ste. Marie, 5. Pilot require-. Ontario—traffic control ment—Port VDX20— (Seaway Beau- Upper Beauharnois sector No. 8. Weller. hamols.) Lock—traffic control Point Petre...... Seaway Picton— 1. Name of vessel. sector No. 1. ch.41. 2. Location. KEF...... (Seaway Eisen­ Eisenhower Lock— 3. ETA New­ hower.) traffic control sector § 401.103—4 VHF radio coverage and castle. No. 2. procedure. Newcastle___ Seaway Oshawa— 1. Name of vessel. VDX21... (Seaway Iroquois). Irdquois Lock—traffic ch. 11, 2. Location. control sector No. 3. 3. Updated ETA WAG..... (WAG Clayton)... Clayton, N.Y.—traffic (a) Vessels must use the channels of Port Weller qontrol sector No. 4. communication in each control sector as (C.I.P. 15) or VDX70-. (Seaway Picton).. Picton, Ontario—traffic Lake Ontario control sector No. 6. listed below: Port. 4. Confirmation Control Listening pilot require­ Station sector Sector limits Call in Work watch ment—Port No. Weller. C.I.P. IS— Seaway Welland— 1. Name of vessel. (order of ch. 14. 2. Location. passing 3. Destination. Seaway Beauharnois. 1 C.I.P. No. 2 to C.I.P. Nos. 6 and 7...... Ch. 14...... Ch. 14...... Ch. 14. through Seaway Eisenhower.. 2 C.I.P. Nos. 6 and 7 to C.I.P. Nos. 10 Ch. 12...... Ch. 12...... Ch. 12. 4. Drafts, fore and 11. established). and aft. Seaway Iroquois...... 3 C.I.P. Nos. 10 and 11 to Whaleback Ch. 14_____. Ch. 14___... Ch. 14. 5. Cargo. Shoal. 6. Pilot require­ WAG Clayton...... 4 Whaleback Shoal to Tibbetts Point____ Ch. 16...... Ch. 12...... Ch. 16. ment—Lake Seaway Picton______5 Tibbetts Point to Mid Lake Ontario___ Ch. 11 Ch. 11...... Ch. 16. Erie. Seaway Oshawa...... 5 Mid Lake Ontario to C.I.P. No. 15.*___ Ch. 11...... Ch. 11...... Ch. 16. Port Colborne Seaway Welland— 1. Name of vessel. Seaway Welland____ 6 C.I.P. No. 15 to C.I.P. No. 16...... Ch. 14...... Ch. 14.1...... Ch. 14. Piers. ch. 14. 2. Location. Seaway Long Point... 7 C.I.P. No. 16 to Long Point...... Ch. 11 Ch. 11___... Ch. 16. 3. ETA Long Seaway Sault______8 C.I.P. No. 17 to C.I.P. No. 18______Ch. 14...... Ch. 14___ ; Ch. 16. Point. C.I.P. 16 __ Seaway Long 1. Name of vessel. Point—ch. 11. 2. Location. (b) Initial calls originating from Sea­ C.I.P. and Station to call Message content Long Point— Seaway Long 1. Name of vessel. way Stations to vessels in Sectors 4, 5, 7, checkpoint leaving sector Point—ch. 11. 2. Location. and 8 will be on Channel 16, switching 7. 3. Destination. C.I.P. 17 ___Seaway Sault— 1. Name of vessel. to the working channel for conversation. 4. Drafts, fore ch. 14. 2. Location. (c) Vessels arriving at either Call-in- and aft. 3. Destination. 6. Cargo. 4. Drafts, fore Point (CIP) 15 or 16 should call “Sea­ 6. ETA Snell and aft. way Welland” on Channel 14. If the Lock (if pilot 5. Cargo. vessel is called directly-into the canal, required). C.I.P. 18...... Seaway Sault— 1. Name of vessel. C.I.P. 8 - Seaway Eisen­ 1. Name of vessel. ch. 14. 2. Location. it will remain on Channel 14. If the (order of hower—ch. 12. 2. Location. vessel is not to come directly into the passing D ownbound V essels canal, it will be sent to anchorage and through C.I.P. 18...... Seaway Sault— 1. Name of vessel. instructed to guard Channel 16' until established). ch. 14. 2. Location. C.I.P. 8A--___ Seaway Eisen­ 1. Name of vessel. 3. Destination. called in. hower—ch. 12. 2. Location. 4. Drafts, fore and Exiting Eisen­ Seaway Eisen­ 1. Name of vessel. aft. § 401.103-5 Calling in. hower Lock. hower—ch. 12. 2. Location. 5. Cargo. 3. ETA C.I.P. Seaway Sault— 1. Name of vessel. (a) Vessels intending to, or in transit, 11. ch. 14. 2. Location. must report on the assigned frequency to C.I.P. 11- Seaway Eisen­ 1. Name of vessel. Long Point— Seaway Long 1. Name of vessel. the designated station when opposite leaving sec­ hower—ch. 12. 2. Location. entering Point—ch. 11. 2. Location. calling-in-points, as indicated on the tor 2. sector 7. 3. ETA C.I.P. 16. C.I.P. 11- Seaway Iro­ 1. Name of vessel. C.I.P. 16— Seaway Wel­ 1. Name of vessel. General Seaway Plan, and checkpoints, entering quois—ch. 14. 2. Location. (order of land—ch. 14. 2. Location. . indicated hereunder, giving the follow­ sector 3. passing 3. Destination. ing information: C.I.P; 12- Seaway Iro­ 1. Name of vessel. through 4. Drafts, fore and (order of quois—ch. 14, 2. Location. established). aft. passing 5. Cargo. C.I.P. and Station to call Message content through 6. Pilot require­ checkpoint established). ment—Lake Exiting Iro­ Seaway Iro­ 1. Name of vessel. quois Lock. quois—ch. 14. 2. Location. Ontario. C.I.P. 2— Seaway Beauhar­ 1. Name of vessel. 3. ETA Whale­ Exiting Lock Seaway Wel­ 1. Name of vessel. entering nois—ch. 14. 2. Location. land—ch. 14. 2. Location. sector 1 3. Destination. back Shoal. No. 1— (order of 4. Drafts, fore Whaleback Seaway Iro­ 1. Name of vessel. Welland 3. ETA New­ passing and aft. Shoal— quois—ch. 14. 2. Location. Canal. castle. through 5. Cargo. leaving 4. ETA Tibbetts established). 6. Pilot require­ Point or Lake ment—Lake sector 3. Ontario. Whaleback WAG Clayton 1. Name of vessel. Ontario Port; C.I.P. 3— Seaway Beauhar­ 1. Name of vessel. Shoal— (call ch. 16; 2. Location. 5. Pilot require­ (order of nois—ch. 14. 2. Location. entering work ch. 12). 3. ETA Cape ment— passing sector 4. Vincent. . Tibbetts through 4. Confirmation established). Point. Exiting Upper Seaway Beauhar­ 1. Name of vessel; pilot require­ C.I.P. 15. Seaway 1. Name of vessel; Beauharnois nois—ch. 14. 2. Location. ment—Lake Oshawa— 2. Location. Lock. 3. ETA C.I.P. 7. Ontario. eh. 11; C.I.P. 7— Seaway Beauhar­ 1. Name of vessel; leaving nois—ch. 14. 2. Location. Tibbetts WAG Clayton 1. Name of vessel. Newcastle. Seaway 1. Name of vessel; sector 1. Point— (call ch. 16; 2. Location. Oshawa— 2. Location. C.I.P. 7— Seaway Eisen­ 1. Name of vessel; leaving work ch. 12); Ch. 11; 3. ETA Point entering hower—ch. 12. 2. Location. Petre. sector 2; sector 4;

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 RULES AND REGULATIONS 8439

cleared the downstream end of the lower § 401.104—4 Available depths and drafts. C.I.P. and Station to call Message content approach wall of St. Lambert Lock, the checkpoint Main Seaway channels have a control­ master or pilot will call “Seaway Beau­ ling depth of 27 feet, and the loading, harnois” and request permission to Point Petre. Seaway Picton— 1. Name of vessel. draft, and speed of a vessel in transit ch. 11. 2. Location. switch to Channel 10 (156.5 MHz). Sea­ shall be controlled by the Master, ac­ 3. Updated ETA way Beauharnois will concur and advise Tibbetts cording to the vessel’s individual char­ Point or the vessel of any upbound traffic cleared acteristics and its tendency to list or Lake Ontario for Seaway entry but not yet at CIP 2. Port. squat, so as to avoid striking bottom. 4. Confirmation In the event of expected vessel meet­ Draft shall not, in any case, exceed the river pilot ing (s) between the downstream end of requirement— maximum permissible draft which is pre­ Tibbetts the lower approach wall and CIP 2, the scribed by the Authority or notified by an Point. downbound vessel will be told to remain officer or a station for the part of the Tibbetts Seaway Picton— 1. Name of vessel. on Channel 14 (156.7 MHz) until the Point— ch. 11. 2. Location. Seaway in which a vessel is in transit. leaving meet has been completed. After the meet­ sector 5. . . . ing, the downbound vessel will call back § 401.104—5 Maximum draft for Sault Tibbetts WAG Clayton 1. Name of vessel. Ste. Marie Canal. Point— (call ch. 16; 2. Location. before going to Channel 10 (156.5 MHz). entering work ch. 12). (c) Exiting a lock refers to the period Vessels shall not transit the Sault Ste. of time during which the vessel is under­ CapeVin- WAG Clayton 1. Name of vessel. Marie (Canada) Canal with a draft in cent—(after (call ch. 16; 2. Location. way to leave the lock prior to the time excess of the maximum permissible draft river pilot work ch. 12). 3. Destination. when its stern clears the lock chamber. currently prescribed by the Authority for boards). 4. Drafts, fore and aft. (d) Changes in information provided the canal in question and unless the 5. Cargo. under paragraph (a) of” this section shall 6. ETA available depth of water on the appro­ Whaleback be reported to the appropriate Seaway priate controlling point for draft exceeds • Shoal. Station. - by at least 3 inches the maximum draft Whaleback WAG Clayton 1. Name of vessel. of the vessel at the time. Shoal—leav- (call ch. 16; 2. Location. § 401.103-6 Communication — ports, ing sector 4. work ch. 12). Whaleback Seaway 1. Name of vessel. docks and anchorages. § 401.104—6 Inadequate ballast. Shoal— Iroquois— 2. Location. entering ch. 14. 3. Destination. (a) Vessels arriving at ports, docks, Vessels, which are in the opinion of an sector 3. 4. Drafts, fore and and anchorages shall report to the ap­ authorized officer not adequately bal­ aft. 5. Cargo. propriate Seaway Station, giving an es­ lasted, may be refused transit or may be C.I.P. 14—.'.— Seaway 1. Name of vessel. timated time of departure, if possible delayed. Iroquois— 2. Location. and, at least 4 hours prior to departure, ch. 14. § 401.104—7 Reporting accidents or in­ C.I.P. 16— Seaway 1. Name of vessel. vessels departing ports, docks, and cidents. (order of Iroquois— 2. Location. anchorages shall report in the same way ' passing ch. 14. No vessel shall transit unless the ves­ through giving their destination and ETA at the established). next checkpoint. sel, its cargo and equipment or machin­ Exiting Seaway 1. Name of vessel. ery are in a condition to allow safe and Iroquois Iroquois— 2. Location. (b) Vessels entering or leaving a lake Lock. ch. 14. 3. ETA C.I.P. 10. port, shall report to the appropriate Sea­ expeditious transit, and every accident 4. Harbor or river or incident during transit must be re­ pilot way Station as follows: requirement— Toronto and Hamilton—1 mile outside of ported as soon as possible to the nearest St. Lambert. Seaway Station. C.I.P. 10- Seaway 1. Name of vessel. harbor limits. Other lake ports—when cross­ leaving Iroquois— 2. Location. ing the harbor entrance. § 401.104—8 Furnishing information re sector 3. ch. 14. height o f vessel. C.I.P. 10- Seaway 1. Name of vessel. T r a n s it I nstructions entering • Eisenhower— 2. Location. sector 2. ch. 12. § 401.104—1 Navigation season. Vessels, any part of which extends C.I.P. 9— Seaway 1. Name of vessel. more than 110 feet above water level, (order of Eisenhower— 2. Location. Navigation on the Seaway will open shall not transit any part of the Seaway passing ch. 12. 3. ETA Snell through Lock (if pilot and close on the following dates in each until precise information concerning the -established).. required). year, subject to changes appropriate to height of the vessel has been furnished Exiting Snell Seaway Eisen­ 1. Name of vessel. Lock. hower—ch. 12. 2. Location. weather and ice conditions or vessel traf­ to the Seaway Station; 3. ETA C.I.P. 6. fic demands: C.I.P. 6-leav­ Seaway Eisen­ 1. Name of vessel. § 401.104—9 Speed. ing sector 2. hower—ch. 12. 2. Location. C.I.P. 6—enter­ Seaway Beau­ 1. Name of vessel. Open Close Maximum speed for vessels in excess ing sector 1. harnois—ch. 14. 2. Location. of 40 feet in overall length shall not ex­ C.I.P. 5— Seaway Beau­ 1. Name of vessel. (order of harnois—ch. 14. 2. Location. South Shore, Beauharnois, Wiley- ceed that shown for designated areas in passing Dondero, and Iroquois______Apr. 1 Dec. 16 the following table and every vessel un­ through es­ Welland Canal_____-______Aprr~ 1 Dec. 31 tablished). Canadian Sault Ste. Marie Canal___Apr. 4 Dec. 12 derway shall proceed at a reasonable Exiting Lower Seaway Beau­ 1. Name of vessel. speed, so as not to cause undue delay Beauharnois harnois—ch. 14. 2. Location. Lock. 3. Confirmation to other vessels. harbor or § 401.104—2 Special instructions. river pilot re­ Maximum speed quirement— Special instructions must be applied From—■ To— over the bot­ St. Lambert. for to the Authority in connection with tom (m.p.h.) 4. Montreal Har­ bor berth the intended transit of vessels of unusual number. design, hulks, sections of vessels, large Upper entrance Lake St. Francis 10 upbound 5. VHF require­ dredges and all vessels in tow, and such Beauharnois Buoy 27F. (8.6 knots). ment—St. Lock Buoy 5B. 12 downbound Lambert. vessels shall not transit except jn strict (10.4 knots). St. Lambert Seaway Beau- 1. Name of vessel. compliance with such instructions. Lake St. Francis Lake St. Francis 18 (15.5 knots); Lock to harnois—ch. 14. 2. Location. Buoy 27F. Buoy 87F. C.I.P. 2 - 3. See par. (b) § 401.104—3 Compliance with instruc­ Lake St. Francis Snell Lock_____ 10 upbound leaving of this section. Buoy 87F. (8.6 knots). sector 1. tions. 12 downbound (10.4 knots); The Master of a vessel shall comply Eisenhower Lock. Richards Point 13 (11.3 knots); (b) A downbound vessel in St. Lam­ promptly with all transit instructions Light 55. bert Lock wishing to communicate with Richards Point Morrisburg buoy 15 (13 knots); Montreal Marine Control will switch to given by an officer or a station, and, if an Light 65. 84. instruction to move a vessel is not com­ Morrisburg buoy Ogden Island 13 (11.3 knots); Channel 10 (156.5 MHz) for a Montreal 84; buoy 99. Harbor situation report. After complet­ plied with, the Authority, in addition to Ogden Island Blind Bay J4 mile 15 (13 knots); buoy 99. east of Light ing the call, the vessel will return to any other duly authorized action, may 162. guarding Channel 14 (156.7 MHz) before relocate the vessel with respect to which Blind Bay ^4 Deer Island 13 (11.3 knots); i mile east of Light 186; exiting the lock. When the vessel has the instruction was given. Light 162;

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8440 RULES AND REGULATIONS

§ 401.104—17 Preparing mooring lines Maximum speed be passed to the linesmen at the lock From— To— over the bot­ for passing through. as soon as the vessel passes the open tom (m.p.h.) Before a vessel enters a lock, sufficient gates. lengths of mooring lines to reach the (b) Handlines will be cast down to Deer Island Bartlett Point 10 upbound (8.6 upbound vessels from the lock as soon as Light 186. Light 227. knots). mooring posts on the lock walls shall 12 downbound be drawn off the winch drums and laid the vessel passes the open gates, except (10.4 knots). out on the deck. The eye of the mooring as provided in paragraph (c) of this sec­ Bartlett Point Tibbetts Point... . 15 (13 knots). tion, and shall be secured to the mooring Light 227. line shall be passed outward through Junction of Open waters be­ 13 (11.3 knots); the fairleads at the side to be ready for lines 2 feet back of the splice of the eye Canadian Mid­ tween Wolfe by means of a clove hitch. dle Channel and Howe Is­ service. and Main lands through (c) At Iroquois Lock and Lock 8, Channel the said Middle § 401.104—18 Entering a lock— general. Welland Canal, a vessel transiting in abreast of Iron- Channel. sides Island. A vessel shall not proceed into a lock either direction shall use its own hand­ Lock 1, Welland Outer Piers, Port - 9 (7.8 knots). so that the stem passes the “Stop” sign lines secured to the eye at the end of Canal. Weller Harbor. the mooring lines, which shall be passed Port Robinson... Ramey’s Bend 9 (7.8 knots); on the lock wall nearest the closed gates, through the and it shall be positioned and moored to the linesmen at the lock as soon as Welland By- the vessel passes the open gates. Pass. as directed by the lockmaster. All other canals _.. 7 (6.1 knots); § 401.104—21 Precautions in passing § 401.104—19 Tandem lockage. lines. § 401.104—10 Meeting and passing. When two or more vessels are being Knotted or weighted handlines shall locked together, vessels astern of the not be used in the chamber of a lock, (a) The meeting and passing of ves­ leading vessel shall come to a full stop sels shall be governed by the Rules of the and mooring lines shall not be cast over a sufficient distance from the preceding the side of a vessel in a manner danger­ Road for the Great Lakes. vessel to avoid a collision and shall be ous to a lock crew. (b) Meeting other vessels is prohibited moved into mooring position as directed within the limits of approach signs at by the lockmaster. § 401.104—22 Mooring tables. bridges. Unless otherwise directed by the officer § 401.104—11 Restriction on overtaking. §401.104—20 Passing handlines. in charge, vessels passing through locks Except as instructed by the Vessel Handlines will be secured to the moor­ in the South Shore, Beauharnois, Wiley- Traffic Controller, vessels shall not over­ ing lines and passed as follows: Dondero, Iroquois, Welland, and Cana­ take and pass or attempt to overtake and (a) A downbound vessel shall use itsdian Sault Ste. Marie Canals shall moor pass another vessel: own handlines, secured to the eye at at the side of the tieup wall or lock as (a) In any canal; the end of the mooring lines, which shall shown in the following tables: (b) Within 2,000 feet of a canal entrance; Montreal to I roquois (c) After the order of passing through [S=Starboard. P ==Port. Upb= Upbound. Dnb= Downbound.] has been established by the Vessel Traffic Controller; or South Shore Beauharnois Wiley-Dondero (d) Between the western end of the St. Lam- Cote Ste. Lower Pool Upper Snell Eisen- Iroquois Vidal Shoal Cut and the upper entrance bert Catharine bower of the Sault Ste. Marie (Canada) Lock. § 401.104—12 Speed passing moored ves­ Locks: sel or working equipment. Upb...... P P s Ç-- - ____s s s p Dnb...... S s p i ------__ p p p s A vessel passing a moored vessel or Tie-UD walls: equipment working in a canal shall pro­ Upb...... S s p p ____s s s ceed at such a speed so as not to endan­ Dnb...... P p - s s p p p ger the moored vessel or the occupants thereof. Welland Canal § 401.104—13 Order of passing through. [S=Starboard. P=Port. Upb=Upbound. Dnb=Downbound] Vessels shall advance to r lock in the order instructed by the Vessel Traffic 1 2 3 4 5 6 7 Guard gate 8 Controller. § 401.104-14 Mooring at tieup walls. Locks: Upb...... S P p p P p p ..... s. Upon arrival at a lock, a vessel await­ D nb.— ...... P s s p P p s CS-"______P; ing instructions to advance shall moor at Tie-uD walls: U pb.__------„ S s s s e--- . ... s s P or S; the tieup wall and well close up to the Dnb...... P p p ... s s p P or S; designated limit of approach sign or to anyivessel preceding it. Canadian Sault Ste. Marie § 401.104—15 Limit of approach to a lock. Lock: A vessel approaching a lock or guard Upb...... — 8 gate will be governed by the associated Dnb______P signal light system, and in no case shall Tie-up walls: U pb...... P its stem pass the appropriate limit of Dnb...... P approach sign while a red light or no light is displayed. § 401.104—16 Cargo hooms. § 401.104-23 Mooring procedure in being placed on the posts first, and locks. winches from which the mooring lines Vessels shall have cargo booms secured run shall not be operated until the lock- in their housings in a manner which af­ Mooring lines shall only be placed on fords maximum visibility from the the mooring posts as directed by the lock- master or a linesman has signaled that wheelhouse. master, the lines leading astern normally the line has been placed on the post.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 RULES AND REGULATIONS 8441 canal, and, before arriving at the en­ § 401.104—24 Emergency procedure. to a canal bank or being held on a canal bank in any manner shall immediately trance of a canal, it must arrange with When the speed of a vessel entering a report its position to the Vessel Traffic the Vessel Traffic Controller for mooring lock chamber has to be checked Immed­ Controller, and it shall not resume its and leaving in the charge of a compe­ iately either the Master or the lock- voyage without the Vessel Traffic Con­ tent person any vessel which cannot be master shall order all mooring lines to troller’s permission. proceeded with immediately. be put out as soon as possible, and the §401.104—38 Obstructing navigation. Master shall signal a full check by sound­ § 401.104-31 Signaling approach to A vessel shall not drop anchor or be ing a series of five or more short blasts. bridge. fastened or moored so as to obstruct or Unless the vessel’s approach has been hinder navigation. N § 401.104-25 Attending lines. recognized by a flashing red signal light, A vessel’s lines must be under visual three distinct blasts shall be sounded by § 401.104—39 Interference with aids to control and attended by members of its a vessel when it comes abreast of any of navigation. crew, during the time it is passing the bridge “Whistle” signs, which have Aids to navigation shall not be inter­ through a lock; where lines are hand been placed at distances varying between fered' with or moored to, and no unau­ held for tension control, each line must 2,200 and 4,600 feet, upstream and down­ thorized person shall set out buoys or be attended by at least one member of its stream from moveable bridges at other navigation markers on the Seaway. crew while the vessel is within the lock than lock sites. chamber. § 4 0 1 .1 0 4 -4 0 Loss o f anchor. § 401.104—32 Limit of approach to a The loss of an anchor shall be marked § 401.104-26 Leaving a lock. bridge. with a buoy and reported immediately to Mooring lines shall only be cast off as A vessel shall not pass the “Limit of the Vessel Traffic Controller with par­ directed by the lockmaster, and a ves­ Approach” sign at any movable bridge ticulars of its precise location. sel shall not proceed out of a lock until nnt.il such bridge is in a fully open posi­ the exit gates, ship arresters and the tion and the light shows green, and it § 401.104—41 Searchlights. bridge, if any, are in a fully open position. shall not pass the sign at the twin rail­ A searchlight shall not be used in such § 401.104—27 Turning basins. way bridges on the South Shore Canal at a manner that its rays can interfere with Caughnawaga or at Bridges 20 and 21 the operation of a Seaway structure or A vessel shall not be turned about in on the Welland Canal, until both bridges of a vessel. any canal, except with permission from are in a fully open position and both § 401.104—42 Smoke. the Vessel Traffic Controller and then lights show green. only at the following locations; A vessel in any canal shall take all § 401.104—33 Vessels in tow. South Shore Canal: necessary precautions to avoid the emis­ (a) Turning Basin No. 1—Opposite Bros- A vessel that is not self-propelled shall sion of sparks and excessive smoke, and not be underway in any canal unless it it shall not blow boiler tubes. (h) Turning Basin No. 2—Immediately be­ is securely tied to an adequate tug or low Cote Ste. Catharine Lock. § 401.104—43 Damaging or defacing Welland Canal: tugs. Seaway property. (a) Turning Basin No. 1—Opposite Ste. § 401.104—34 Combined beam. Catharines Wharf for vessels up to 350 feet. The master of a vessel in transit shall (b) Turning Basin No. 2—Between Lock 7 A tug shall not be fastened alongside navigate so as to avoid damage to Sea­ and Guard Gate for vessels up to 600 feet. a vessel so that the total beam exceeds way property, and he shall prevent de­ (c) Turning Basin No. 3—Immediately 55 feet in the case of the Sault Ste. Marie facement of same by any member of the south of Bridge 12. (Canada) Canal or 75 feet, 6 inches in vessel’s crew. (d) Turning Basin No. 4—North of Lock the case of any other canal. No. 8 for vessels up to 550 feet. § 401.104—44 Disembarking. (e) Vessels up to 260 feet may be permitted § 401.104—35 Position of single tug. to turn at the following locations: Members of the crew of a vessel pass­ (1) North end of Wharf No. 1, Where one tug has been authorized ing through may disembark or board for (2) Tieup wall above Lock 1, by special instructions for towing a par­ the.purpose of carrying out essential (3) Tieup wall below Lock 2, ticular vessel, it shall be fastened astern duties only as directed by the master. (4) Wharf No. 9, or alongside the quarter of the vessel, (5) Between the southerly extremities of and, while underway, § 401.104—45 Prevention of oil pollu­ Wharves 18-2 and 18-3. (a) The wheelsman of the tug shall tion. § 401.104—28 Dropping anchor or tying have an unobstructed view of the full No vessel in transit shall discharge, to canal bank. outline of the deck of the towed vessel dump, or pump oil products or bilge con­ at the bow and of the water in front of taining oil products into the Seaway or Except in an emergency, a vessel shall the tow, or adjacent waters. A record shall be kept not drop anchor in any canal or tie up to (b) A deck officer shall be on the deck by vessels of each location within the a canal bank unless so instructed by th e, of the towed vessel to signal directions Seaway or adjacent waters where bilge Vessel Traffic Controller. to the wheelsman of the tug. water has been discharged. § 401.104—29 Anchorage areas. § 401.104—36 Two tugs. § 401.104—46 Deck cargo. Designated anchorage areas are as fol­ Where two tugs are required by special Cargo or containers carried on deck, lows: instructions for towing a particular ves­ either forward or aft, shall be stowed in Lake St. Louis___ Point Fortier. sel, one shall be on a line ahead of the a manner which permits an unrestricted Beauharnois Melocheville. towed vessel and the other on a line view from the wheelhouse for the purpose Canal. of navigation and does not interfere with Lake St. Francis_ St. Zotique and Dick­ astern. (Two adequate tugs shall be re­ erson Island. quired for a tow- in excess of 200 feet, mooring equipment. Lake St. Lawrence. Wilson Hill Island and except that specially constructed low § 401.104—47 Reporting navigation aid Morrisburg. barges, designed to be pushed by a tug at deficiencies. St. Lawrence River. Prescott and Union the center of the stem, may be per­ Park. mitted to transit with oiily one tug.) Any aid to navigation that is extin­ Lake Ontario____ Off Port Weller. guished, damaged, out of position, or Lake Erie______Off Port Colborne. § 401.104—37 Towing more than one missing shall be reported to the nearest vessel. § 401.104—30 Reporting position at an­ Seaway station. chor, wharf, etc., and resuming Where one tug has been authorized by Dangerous Cargo transit. special instructions for towing more than A vessel anchoring in a designated an­ one vessel, it shall be fastened alongside § 401.105—1 General conditions. chorage area, or otherwise, and a vessel or astern of the vessels; otherwise a tug Vessels carrying fuel oil, gasoline, mooring at a wharf or dock, tieing up shall not tow more than one vessel in any crude oil, or other flammable goods in

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 (8442 RULES AND REGULATIONS [ bulk, including empty tankers which are (f) In excess of 100 tons of inflam­ St. Lawrence Seaway Authority, Corn­ not gas free, and vessels carrying dan­ mable solids or spontaneously com­ wall, Ontario, or from the St. Lawrence gerous goods to which regulations made bustible substances; Seaway Development Corporation, Mas­ under the Canada Shipping Act, or to (g) In excess of 100 tons of substances sena, N.Y. which the Dangerous Cargo Act of the emitting inflammable gases when wet; United States or regulations issued pur­ (h) In excess of 100 tons of poisonous § 401.106—2 Revised transit declaration. suant thereto, apply, shall be deemed to (toxic) substances; Where a transit declaration is found carry dangerous cargo, and they may (i) In excess of 100 tons of infectious to be inaccurate, concerning the desti­ transit only if all requirements of the substances; nation, cargo or passengers, the repre­ statutes and regulations cited and of (j) In excess of 200 tons of corrosive sentative must immediately forward to §§ 401.105-2 to 401.105-11 have been substances; or the Authority a new, revised declaration. fulfilled. (k) In excess of 500 tons of inflam­ mable liquids of the high flashpoint § 401.106-3 Statistics Canada. § 401.105—2 Explosive vessel. group The information set out in the transit A vessel carrying: declaration will be transmitted by the (a) Explosives with a mass explosive shall be deemed for Seaway purposes to St. Lawrence Seaway Authority to Sta­ risk, including ammonium nitrate when be a hazardous cargo vessel. tistics Canada, thus satisfying the re­ it falls into this classification; or § 401.105—7 Nonmetallic fenders. quirements of the Statistics Act of Can­ (b) More than 10 tons of explosives ada. Hie St. Lawrence Seaway Develop­ which do not explode en massé; or An explosive vessel and a hazardous ment Corporation will furnish the re­ (c) More than 100 tons of explosives cargo vessel, other than one carrying quired statistical data in the United having a fire hazard with minor or no ex­ the equivalent of Bunker C oil in the States. plosive effects center tanks and which is equipped with gas free ballast wing tanks, must be § 401.106—4 Toll accounts. shall be deemed for Seaway purposes to equipped with a sufficient number of be an explosive vessel. nonmetallic fenders to prevent any Transit declarations will be used in metallic part of the vessel from touch­ assessing toll charges in accordance with § 401.105—3 Explosives permit. ing the side of a dock or lock wall. the St. Lawrence Seaway Tariff of Tolls, An explosive vessel shall not transit and toll accounts will be forwarded in without a Seaway explosives permit, § 401.105—2 Signals— explosive vessel. duplicate to the representative or his which shall not be granted where a ves­ An explosive vessel must display at the designated agent. sel carries more than 2 short tons of masthead or at an equivalent, conspicu­ § 401.106—5 Payment of accounts. explosives with a mass explosive risk, ous position, a B Flag by day and a red more than 50 short tons of explosives light by night, both visible all around Tolls accounts are payable when ren­ which do not explode en masse, or more the horizon for a distance of at least 2 dered, in Canadian or American funds as than 500 short tons of explosives having miles. indicated on the accounts, and adjust­ a fire hazard without explosive effects. ments, if any, will be reflected in a subse­ § 401.105—9 Signals—hazardous cargo quent account. §401.105—4 Application for permit. vessel. § 401.106—6 Surcharge. Written application for a Seaway ex­ A hazardous cargo vessel must display plosives permit may be made to the Di­ at the masthead or at an equivalent, con­ Unless a tolls account is paid within rector of Operations, the St. Lawrence spicuous position, a B Flag superior to 14 days from the date shown on the Seaway Authority, Cornwall, Ontario, or numeral pennant No. 1 by day and a red account, a surcharge, in an amount not to the Director of Operations, St. Law­ light by night, both visible all around the to exceed 5 percent of the amount due, rence Seaway Development Corporation, horizon for a distance of at least 2 miles., may be added. Where a transit declara­ Massena, N.Y., and it shall show that the tion is not forwarded within the 14 days goods are packed, marked, labeled, de­ §401.105-10 Calling in. allowed, the account will be antedated scribed, certified, stowed, and otherwise An explosive vessel shall report the to the date when it would have been pre­ conform with all relevant regulations of Seaway explosives permit number, and pared if the declaration had been for­ the country in which they were loaded both explosive and hazardous cargo ves­ warded in time; and the surcharge may and of Canada and the United States. sels shall report the nature of their cargo be added, unless the account is paid and its flashpoint (hazardous cargo), in within 14 days of the date shown on the § 401.105—5 Production of explosives addition to the other required informa­ account. permit. tion, when calling in as provided by § 401.106—7 Producing cargo manifests. A signed copy of a Seaway explosives § 401.103-5. permit and a true copy of any certificate In every case of a vessel carrying cargo as to the loading of dangerous goods shall §401.105—11 Safely restrictions for to or from an overseas port, duplicate be kept on board a vessel in transit and passing through. copies of the cargo manifest, duly certi­ made available to any officer requiring The passing through of explosive ves­ fied, shall be forwarded with the transit production of same. sels and hazardous cargo vessels may be declaration. In any case, a copy of the directed in a special manner by the officer manifest, duly certified by the repre­ § 401.105—6 Hazardous cargo vessel. in charge. sentative, shall be made available to an A tanker vessel carrying fuel oil, gas­ officer as required. A weigh-scale cer­ oline, crude oil, or other flammable goods § 401.105—12 Gas freeing and cleaning tificate or similar document taking the in bulk, including tankers which are not of tankers. place of the cargo manifest may be ac­ gas free, and also a dry cargo vessel car­ Gas freeing and cleaning of cargo cepted in lieu thereof. rying other dangerous cargo, which is: tanks shall not take place in a canal or § 401.106—8 In-transit cargo. (a) In excess of 50 tons of gases, com­ lock and shall be restricted to areas clear pressed, liquefied, or dissolved under of other vessels and structures and only Cargo, which is carried both upbound pressure; after it has been reported to the nearest and downbound in the course of the same (b) In excess of 50 tons of inflam­ Seaway station. voyage, shall be reported in the transit declaration, but this cargo may be mable liquids of the low flashpoint T oll Assessment and Collection group; ■? deemed to be ballast and not subject to (c) In excess of 50 tons of organic § 401.106—1 Transit declaration. toll assessment. peroxides; The Seaway transit declaration form § 401.106—9 Off-loaded weights. (d) In excess of 100 tons of oxidizing (cargo and passenger), must be for­ substances; warded to the Authority within 14 days The loaded or manifest weight of cargo (e) In excess of 100 tons of inflam­ after a vessel, other than a pleasure craft must be shown for tolls assessment pur­ mable liquids of the intermediate flash­ of less than 350 tons, first enters the Sea­ poses, except in the case of petroleum point group; way. Forms may be obtained from the products where gallonage meters are not

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 RULES AND REGULATIONS 8443

available at the point of loading, in which, way Development Corporation, Massena, (b) Address______N.Y. 2. Type of vessel: case off-loaded weights will be accept­ Upon approval of an application, one copy (a) Cargo ------( ) able. bearing the Seaway number assigned to the (b) Tanker______( ) P leasure Craft vessel will be returned to the representative. (c) Passenger only______( ) The representative -will be responsible for . (d) Cargo/passenger (more than § 401.107—1 Transit by pleasure craft. the documentary and financial arrangements 12 passengers)______with respect to each transit of the vessel. (e) Cargo/passenger (under 12 Pleasure craft, other than those with­ When the representative is a corporation, passengers)______( ) out adequate motor power, may transit a resolution will be required authorizing (f) Under tow______( ) the Seaway and are subject to all Seaway the execution of the Certificate of Guarantee (g) Dredge ------„------( ) regulations except as provided in this unless it is signed by the President and the (h) Scow_( ) Barge_( ) Tank section. Secretary-Treasurer and bears the seal of Barge ______( ) the company. (i) T u g ------( ) § 401.107-2 Smaller craft not subject to A new application will be required where (j) Naval (MIL)______( ) preclearance. the guarantee endorsed on this application (k) Government______( ) has expired or has been canceled, for each (l) Other (specify)______( ) Pleasure craft of less than 350 tons change of representative or of his address, 3. Type of service for which constructed: in weight need not be precleared with the and after a change in ownership or any (a) Inland______( ) Authority. major revision in the physical characteristics (b) O cean______( ) of the vessel. 4. Specifications: § 401.107—3 Minimum size permitted in (a) Gross tons______i certain canals. Notice (b) Net tons______Pleasure craft of less than 20 feet in No vessel is precleared until this applica­ (c) Length (overall)______overall length or 1 ton in weight shall tion has been approved by the Authority. (d) Extreme breadth (including fenders) ______not be permitted to pass through the Seaway No..------:------locks in the following canals: (e) Molded depth______PART I— REGISTRATION Note—-It is of the utmost importance to South Shore Canal, furnish the precise overall length of all ves­ Beauharnois Canal, 1. Registration of Vessel: sels in order that traffic controllers may Welland Canal. (a) Name------arrange lockages accordingly. (b) Country of registry------Y es No § 401.107—4 Radio communications. (c) Port------* Sewage disposal system------( ) ( ) Pleasure craft of less than 65 feet in (d) Official number of letters------Oily water separator_,______( ) ( ) 2. Insurance: Liability insurance must be Wrong way prop alarm------( ) ( ) overall length neednot equal to or exceed $40 per gross registered Prop locking device______( ) ( ) (a) Be on radio listening watch; and ton. Bow thruster______( ) ( ) (b) Give notice of arrival by calling (a) Amount of liability insurance cover­ Bridge controlled______( ) ( ) in as prescribed in §§ 401.103-2 to 401.- age on the vessel, (P & I) ------;----- Rudder indicator------( ) ( ) 103-6. Engine r.p.m. indicator______( ) ( ) (b) Names of underwriters ------Gyrocompass______.____ ( ) ( ) § 401.107—5 Order of passing through. Radar------'------( ) ( ) 3. Representative responsible for payment The transit of pleasure craft shall be of tolls and charges: (68 Stat. 92-97,33 UJ3.C; 981-990, as amended, scheduled by the officer in charge and (a) N am e______and sec. 104, Public Law 92-340, 86 Stat. 424, may be delayed so as to avoid interference (b) Address______— ■------49 CFR 1.50a (37 FR 21943)) with other shipping. (c) Telephone No------4. Certificate of guarantee: Effective date: April 15,1-973. § 401.107—6 Pleasure craft toll tickets. Hie undersigned hereby accepts responsi­ S t. Lawrence S eaway D e­ Tolls, in accordance with the St. bility for the carrying out of the obliga­ velopment Corporation, Lawrence Seaway Tariff of Tolls, shall tions of the representative pursuant to the Seaway Regulations, including the accurate [seal] D. W . O berlin, be paid by pleasure craft for the transit completion of Part II.hereof, and hereby Administrator, of each Seaway lock, other than locks undertakes to make payment of all moneys [FR Doc.73-6123 Filed 3-30-73;8:45 am] on the Sault Ste. Marie (Canada) Canal, that may become due by this vessel for by means of $2 tickets or $3 tickets that tolls and charges during the full term of may be purchased at the St. Lawrence this certificate, which undertaking will re­ Title 41—Public Contracts and Property Seaway Authority, comer of Pitt and main in force notwithstanding the earlier Management Second Streets, Cornwall, Ontario, or expiration of this certificate. CHAPTER 4— DEPARTMENT OF from the St. Lawrence Seaway Develop­ The undersigned also agrees that security AGRICULTURE for the payment of tolls, which may be pro­ ment Corporation, Seaway Circle, Mas- vided by him during the currency of this PART 4-3— PROCUREMENT BY sena, N.Y. Tickets may also be purchased certificate, shall be subject to summary NEGOTIATION from pleasure craft organizations or forfeiture in the event of noneompllance yacht clubs that have obtained them by him with the Seaway circulars or Au­ PART 4-7— CLAUSES from the Authority. thority bylaws relating to the payment of Research Agreements With Educational tolls and charges. Institutions § 401.107—7 Payment of tolls. This certificate shall be good and binding : (a) Until the Authority is otherwise ad­ This amendment involves matters re­ Payment of tolls shall be made by the vised in writing by the undersigned, or lating to agency management and con­ person in charge of a pleasure craft (b) For the following voyage: ------tracting and while not subject by law to while the craft is within the lock cham­ the notice and public procedure require­ ber. All pleasure craft in excess of 350 Dated a t ______t h i s ____ day of ments for rulemaking under 5 U.S.C. 553 tons are subject to the regular tolls ap­ ___ , 19____ is subject to the Secretary’s statement of plicable to cargo and passenger Vessels. Signed l.------policy (36 FR 13804). The amendment F orms Note—Approval of this application does corrects or clarifies existing policy and embodies already existing Government- § 401.120—1 Preclearance form. not constitute acceptance of the fact that the vessel is in a condition satisfactory to wide policy established by the Office of The St. Lawrence Seaway Application the Authority. Management and Budget. No useful pur­ for Vessel Preclearance, Form SLS-429. IMPORTANT----RETURN BOTH COPIES pose would be served by public participa­ I nstructions PART H ----INFORMATION ON VESSEL tion, and it is found upon good cause, in The application form attached is to be The furnishing of inaccurate information accordance with the Secretary’s policy completed for each vessel by its representa­ statement, that notice and other public tive in duplicate and submitted to the St. is an offense under the Seaway Regulations. Lawrence Seaway Authority, 202 Pitt Street, 1. Managing Owner or Operator of the Vessel: procedures with respect to the amend­ Cornwall, ON, or to the St. Lawrence Sea­ (a) Name of company__------ment are impracticable and unnecessary.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 No. 62—Pt. I- 8444 RULES AND REGULATIONS (5 U.S.C. 301) Subparts 101-35.9— 101-35.49 [Reserved] Routine. Priority precedence is reserved 1. Section 4-3,5101 is amended by re­ Authority : Sec. 205(c), 63 Stat. 390; 40 generally for calls and messages con­ vising paragraph (g) as follows: U.S.C. 486(c). cerning information essential to the con­ Subpart 101—35.8— FTS Precedence duct of Government operations. Such § 4—3.5101 Definitions. System information includes important intelli­ ***** gence information; important diplomatic (g) Nonexpendable property. Property § 101—35.800 General. information; important information which: (1) Cost $300 or more, (2) is This subpart provides for the estab­ concerning the launch, operation, or re­ complete in itself, (3) does not lose its lishment of a Federal Telecommunica­ covery of spacecraft missiles or move­ identity or become a component part of tions System (FTS) Precedence System ment of naval, air, or ground forces; and another when put into use, and (4) is of for use in all forms of voice and record information concerning coordination a durable nature with an expected serv­ communication services provided by the among Government agencies about ice life of over 1 year. General Services Administration on FTS emergency preparedness functions; ma­ networks. jor civilian aircraft accidents; mainte­ nance of the health, safety, and welfare 2. Section 4-7.5101-1 is amended by § 101—35.801 Definitions* of the population, critical logistic func­ revising paragraph (g) as follows: For the purpose of this Subpart 101- tions and provision of critical public § 4—7.5101—1 Definitions. 35.8 there are four categories of prece­ utility services; distribution of essential ***** dence: Flash, Immediate, Priority, and food and supplies critical to health; and Routine. Telephone calls and messages continuity of critical Government (g) Nonexpendable property. Propertyof a higher category take precedence functions. which: (1) Costs $300 or more, (2) is over calls and messages of a lower cate­ § 101-35.801-4 Routine. complete in itself, (3) does not lose its gory. However, calls and messages within identity or become a component part of a given category will be handled in the Normal communications which require another when put into use, and (4) is of order received. rapid transmission, but do not require a durable nature with an expected serv­ preferential handling are considered ice life of over 1 year. § 101-35.801-1 Flash. Routine. All calls and messages not spe­ ***** Telephone calls and messages desig­ cifically designated otherwise are con­ 3. Section 4-7.5101-22 is amended by nated Flash take precedence over and sidered Routine. adding the following parenthetical note preempt all other categories and will be § 101—35.802 Application and use. handled as fast as possible. Flash prece­ after the heading “§ 4-7.5101-22 Careful selection and assignment of Changes:” "(This clause applies to Re­ dence is reserved for telephone calls and messages pertaining to command and precedence by the system user is of the search Agreements only where a contract utmost importance since calls and mes­ is the award instrument used.) ” control of military forces essential to defense and retaliation; critical intelli­ sages will be handled solely by the Effective date: April 2, 1973. gence essential to national survival; con­ precedence designation given to FTS Done at Washington, D.C. this 26th duct of diplomatic negotiations critical operating personnel. day of March 1973. to the arresting or limiting of hostilities; § 101—35.802—1 Telephone calls. dissemination of critical civil alert in­ T. M. B aldatjf, Precedence telephone calls are han­ Director of Plant and Operations. formation essential to national survival; continuity of Federal Government func­ dled only by FTS operators. Automatic [PR Doc.73-6301 Piled 3-30-73;8:45 am] tions essential to national survival; ful­ preemption is not available on the FTS fillment of critical U.S. internal security intercity voice network. FTS operators will preempt calls only when necessary CHAPTER 101— FEDERAL PROPERTY functions essential to national survival; MANAGEMENT REGULATIONS and Presidential Action Notices essential to make facilities available for a higher to national survival during attack or pre­ precedence call. FTS operators will pro­ SUBCHAPTER F—TELECOMMUNICATIONS AND vide assistance in handling precedence PUBLIC UTILITIES attack condition. calls and will require the originator’s PART 101-35— TELECOMMUNICATIONS § 101-35.801-2 Immediate. name, agency identification number, Subpart 101-35.8— FTS Precedence Telephone calls and messages desig­ and telephone number being called. FTS System nated Immediate take precedence over users when requested'by the operator to Subpart 101-35.8 is added to establish and preempt calls and messages desig­ terminate a conversation shall do so the Federal Telecommunications System nated Priority or Routine. Immediate immediately. Precedence calls will be (FTS) precedence system for use in all precedence is reserved generally for calls ticketed and a record of all such calls and messages pertaining to situations will be maintained by the General Serv­ forms of voice and record communica­ ices Administration. tion services provided by the General which gravely affect the security of na­ tional allied forces; reconstitution of § 101-35.802-2 Messages. Services Administration in accordance forces in a postattack period; intelligence with the criteria of National Communi­ essential to national security; conduct of Precedence messages shall be desig­ cations System Memorandums Nos. 1-70 diplomatic negotiations to reduce or nated by the originator. This precedence limit the threat of war; implementation is indicated in the heading of the mes­ and 1-72. This precedence system pre­ sage by a prosign (letter). Flash mes­ scribes the order in which telephone calls of Federal Government actions essential to national survival; situations which sages shall be designated by the prosign and messages are to be handled on the gravely affect the internal security of the “Z”; Immediate messages by the pro­ FTS networks. United States; civil defense actions con­ sign “O”; and Priority by the prosign Part 101-35 is amended by the addi­ cerning direction of the population and “P.” The Standard Form 14, Telegraphic tion of new Subpart 101-35.8, as follows: its survival; disasters or events of exten­ Message, provides a heading space for sive seriousness - having an immediate precedence and should be used by agen­ Subpart 101-35.8—FTS Precedence System cies for this purpose. The Advanced Sec. and detrimental effect on the welfare of Record System (ARS) provides for au­ 101-35.800 General. the population; and vital information tomatic message preemption. Detailed 101-35.801 Definitions. having an immediate effect on aircraft, 101-35.801-1 Flash.. instructions for preparing messages for 101-35.801-2 Immediate. spacecraft, or missile operations. the ARS are contained in the ARS Rout­ 101-35.801-3 Priority. ing Guide. 101-35.801-4 Routine. § 101-35.801-3 Priority. 101-35.802 Application and use. Telephone calls and messages desig­ § 101—35.803 Responsibility. 101-35.802-1 Telephone calls. nated Priority take precedence over and The head of each agency is responsible 101-35.802-2 Messages. for designating personnel authorized to 101-35.803 Responsibility. preempt calls and messages designated

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 RULES AND REGULATIONS 8445 use the FTC Precedence System, and Order No. 10355 of May 26, 1952 (17 Chapter X, Part 1061 of Title 45 of the shall insure that authorized users adhere FR 4831), it is ordered as follows: Code of Federal Regulations is amended to the definitions and instructions con­ 1. Public Land Order No. 5290 of Octo­ by adding a new subpart, reading as tained herein. A list of authorized per­ ber 11, 1972, withdrawing national forest follows: sonnel shall be submitted to the General land for the Allison Creek Recreation Services Administration (CTO), Wash­ Area, appearing in 37 FR 22746 of the Sec. ington, D.C. 20405. The Federal Tele­ issue of October 21, 1972, so far as it de­ 1061.4-1 Policy. communications System will be in effect scribed the land as T. 24 N., R. 2 W., is Authority : Sec. 602, 78 Stat. 530; 42 U.S.C. on a day-to-day basis, and, therefore, it hereby corrected to read “T. 24 N.,‘ R. 2942. is essential that calls meet the criteria 2 E.” § 1061.4—1 Policy. outlined. Calls and messages shall not 2. The withdrawal of the land made be assigned a precedence higher than by the incorrect description appearing in No program or project, involving legal that described by the criteria. Public Land Order No. 5290 was er­ service to the poor, shall henceforth be roneous and is hereby revoked, and the funded, in any manner, except through Subparts 101—35.9— 101—35.49 the Office of Legal Services. [Reserved] national forest land so described shall at 10 a.m. on May 2, 1973, 'be open to Effective date. This subpart shall be­ Effective date. This regulation is effec­ such forms of disposition as by law may come effective April2,1973. tive on April 2, 1973. be made of such land. H oward P hillips, Dated: March 26, 1973. J ack O. Horton, Acting Director. Arthur F. Sampson, Assistant Secretary of the Interior. [FR Doc.73-6231 Filed 3-30-73;8:45 am] Acting Administrator M arch 27, 1973. of General Services. [PR Doc.73-6214 Piled 3-30-73;8:45 am] Title 49—-T ransportation [PR Doc.73-6283 Piled 3-30-73:8:45 am] CHAPTER X— INTERSTATE COMMERCE COMMISSION Title 43— Public Lands: Interior Title 45— Public Welfare CHAPTER X— OFFICE OF ECONOMIC SUBCHAPTER A— GENERAL RULES AND CHAPTER II— BUREAU OFLAND MANAGE­ OPPORTUNITY REGULATIONS MENT, DEPARTMENT OF THE INTERIOR [S.O. 1104; Arndt. 3] APPENDIX—PUBLIC LAND ORDERS PART 1061— CHARACTER AND SCOPE OF SPECIFIC COMMUNITY ACTION PRO­ PART 1033— CAR SERVICE [Public Land Order 5342] ' GRAMS Penn Central Transportation Co. [Colorado 12101] Subpart— Legal Services Program At a session of the Interstate Com­ COLORADO Notice is hereby given that the regula­ merce Commission, Railroad Service Correction of Public Land Order No. 5158 tions set forth below are promulgated as Board, held in Washington, D.C., on the By virtue of the authority vested in interim regulations by the Acting Di­ 27 th day of March 1973. the President and pursuant to Executive rector of the Office of Economic Oppor­ Upon further consideration of Service Order No. 10335 of May 26, 1952 (17 tunity. As a result of the prospective Order No. 1104, (37 FR 15307, 22986, delegation of certain programs to other and 38 FR 3512) and good cause appear­ FR 4831), it is ordered as follows: ing therefor: 1. Public Land Order No. 5158 of Feb­ Federal departments, prospective fund­ ruary 7,1972, appearing in 37 FR 3058 of ing changes, and changes in the man­ It is ordered, That: the issue of February 11, 1972, partially agement and administration of cer­ § 1033.1104 Service Order No. 1104 revoking certain reclamation with­ tain programs, the Office of Economic XPenn Central Transportation Co., drawals, so far as it described lands in Opportunity has been required to insti­ George P. Baker, Richard C. Bond, and, T. 50 N., R. 8 W., sec. 17, NW&SW&, tute emergency guidelines and instruc­ Jervis Langdon, Jr., Trustees, author­ and sec. 21, SW*4SE%, is hereby cor­ tions in advance of 30-day prior notice ized to operate over tracks of the Erie rected to read, sec. 17, N^SWVi, and in the F ederal R egister. Accordingly, the Lackawanna Railway Company) be, and sec. 21, SEi4SE%. regulations published below are effective it is hereby, amended by substituting 2. The land described as the NEVi on the dates indicated therein. Moreover, the following paragraph (e) for para­ SWV4, sec. 17, being added to the lands in view of the nature of the problems graph (e) thereof: described in T. 50 N., R. 8 W„ in Public which these regulations are designed to (e) Expiration date. The provisions of Land Order No. 5158, and the land de­ remedy, having been advised by counsel, this order shall expire at 11:59 p.m., scribed as the SW ^SE1/*, sec. 21, being I find that to publish them in the F ed­ May 31, 1973, unless otherwise modified, deleted therefrom by this order, is with­ eral R egister 30 days prior to their ef­ Changed, or suspended by order of this drawn under the jurisdiction of the Na­ fective date would be impracticable and Commission. tional Park Service in connection with contrary to the public interest. Effective date. This amendment shall the administration of the Black Canyon The regulations below will remain in become effective at 11:59 p.m., March 31, of the Gunnison National Monument, effect unless and until superseded by 1973. established by Proclamations Nos. 2032 permanent regulations published in the F ederal R egister. Interested persons (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, of March 2, 1933, and No. 2372 of Octo­ 384, as amended; 49 U.S.C. 1, 12, 15, and ber 28, 1939, and will remain so with­ wishing to comment before permanent 17(2). Interprets or applies secs. 1(10-17), drawn. The SWi/4SE*/4, sec. 21, has not regulations are promulgated may submit 15(4), and 17(2), 40 Stat. 101, as amended, been included in any reclamation written data, views, and comments by 54 Stat. 911; 49 TT.S.C. 1(10-17), 15(4), and withdrawal. mailing them to the Acting Director, 17(2)) Policy Regulation, Office of Program Re­ J ack O. Horton, It is further ordered, That a copy of Assistant Secretary of the Interior. view, Office of Economic Opportunity, 1200 19th Street NW„ Washington, DC this amendment shall be served upon the March 27, 1973. 20506, in time to arrive on or before Association of American Railroads, Car [PR Doc.73-6213 Piled 3-30-73;8:45 am] Service Division, as agent of all rail­ April 25,1973. roads subscribing to the car service and After careful consideration is given to car hire agreement under the terms of [Public Land Order 5343] all relevant material submitted, and to that agreement, and upon the American Short Line Railroad Association; and [Idaho 09526] such other information as may be avail­ able, the Acting Director of OEO may that notice of this amendment be given IDAHO modify these interim regulations as he to the general public by depositing a Correction of Public Land Order No. 5290 copy in the Office of the Secretary of the deems appropriate and publish them as Commission at Washington, D.C., and V^ ue of the authority vested in permanent regulations in the F ederal by filing it with the Director, Office of F e President and pursuant to Executive R egister. the Federal Register.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8446 RULES AND REGULATIONS

By the Commission, Railroad Service Board, held in Washington, D.C., on the merce of the people. Accordingly, the Board. 26th day of March 1973. Commission finds that notice and public [seal! R obert L. Oswald, Upon further consideration of Service procedure are impracticable and contrary Secretary. Order No. 1111 (37 FR 19617, 22872, to the public interest, and that good cause 25237; 38 FR 878, 3332 and 5637), and exists for making this order effective [FR Doc.73-6287 Filed 3-30-73;8:45 am] good cause appearing therefor. upon less than 30 days’ notice. It is ordered, That : It is ordered: That: [Rev. S.O. 1110; Arndt. 6] § 1033.1111 Service Order No. 1111 §1033.1124 Service Order No. 1124. PART 1033—CAR SERVICE (Delaware and Hudson Railway Co., au­ thorized to operate over tracks of Erie (a) Demurrage and free time on Penn Central Transportation Co. Lackawanna Railway Co., Thomas F. freight cars. Each common carrier by At a session of the Interstate Com­ Patton and Ralph S. Tyler, Jr., Trustees). railroad subject to the Interstate Com­ merce Commission, Railroad Service Be, and it is hereby, amended by substi­ merce Act shall observe, enforce, and Board, held in Washington, D.C., on the tuting the following paragraph (e) for obey the following rules, regulations, and 26th day of March 1973. paragraph (e) thereof: practices with respect to its car service: Upon further consideration of Revised (e) Expiration date. The provisions of (1) Application, (i) The provisions of Service Order No. 1110 (37 PR 19616, this order shall expire at 11:59 p.m., this order shall apply to intrastate, inter­ 22871, 23236; 38 PR 878, 3333, and 5636), April 30, 1973, unless otherwise modified, state, and foreign commerce. and good cause appearing therefor: changed, or suspended by order of this (ii) This order shall apply to all freight It is ordered, That: Commission. cars which are listed in the Official Rail­ § 1033.1110 Service order 1110 (Penn Effective date. This amendment shall way Equipment Register, ICC R.E.R. No. Central Transportation Co., George P. become effective at 11:59 p.m. March 31, 386, issued by W. J. Trezise, or successive Baker, Richard C. Bond, and Jervis 1973. issues thereof, as having one of the me­ Langdon, Jr., Trustees, required to re­ (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, chanical designations shown on pages store service at the Buttonwood (.Wilkes- 384, as amended; 49 U.S.C. 1, 12, 15, and 1154 and 1155 under the headings: Barre), Pennsylvania, Gateway and to 17(2). Interprets or applies secs. 1(10-17), Class “X” 3—Box Car Type—All Class “X” ex­ reroute traffic originally routed via that 15(4), and 17(2), 40 Stat. 101, as amended, cept “XT.’* gateway) be, and it is hereby, amended 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and Class “G”—Gondola Car Type—All Class "G" by substituting the following paragraphs 17(2)) except “GW.” Class “L”—Special Car Type—“LC”, “LO”, (a) and (e) for paragraphs (a) and (e) It is further ordered: That a copy of “LU”, only. thereof : this amendment shall be served upon the (a) The Penn Central TransportationAssociation of American Railroads, Car (iii) Exception:1 This order shall not Co., George P. Baker, Richard C. Bond, Service Division, as agent of all railroads apply to cars with inside length 69 ft. and Jervis Langdon, Jr., trustees (Penn subscribing to the car service and car 0 in. and over, or to flat cars having me­ Central) be, and it is hereby, ordered to hire agreement under the terms of that chanical designation FM, with a carry­ restore service via its Buttonwood agreement, and upon the American Short ing capacity of 200,000 lbs. or more. (Wilkes-Barre), Pa., gateway on or be­ Line Railroad Association; and that no­ (iv) Exception: This order shall not fore April 30,1973. tice of this amendment be given to the apply to cars held at, or outside of ocean, (e) It is further ordered, That thisgeneral public by depositing a copy in Great Lakes, or river ports, while subject order shall become effective at 11:59 the Office of the Secretary of the Com­ to the provisions of Service Order No. p.m., September 15, 1972, and, as to mission at Washington, D.C., and by 1121—-Demurrage and Free Time at § 1033.1110(b), shall expire at 11:59 filing it with the Director, Office of the Ports—or revisions thereof. p.m., April 30, 1973, unless sooner va­ Federal Register. (v) Exception: This order shall not cated by order of this Commission upon apply to freight cars of Mexican owner­ restoration of service through the But­ By the Commission, Railroad Service ship while held by or for shippers at tonwood (Wilkes-Barre) Gateway. Board. Mexican border crossings, viz: [seal] R obert L. Oswald, (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, Secretary. Brownsville, Tex. Douglas, Ariz. 384, as amended; 49 Ù.S.C. 1, 12, 15, and Laredo, Tex. Naco, Ariz. 17(2). Interprets or applies secs. 1(10-17), [FR Doc.73-6288 Füed 3-30-73;8:45 am] Eagle Pass, Tex. Nogales, Ariz. 15(4), and 17(2), 40 S>tat. 101, as amended, Presidio, Tex. Calexico, Calif. 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and [Rev. S.O. 1124] El Paso, Tex. 17(2)) PART 1033— CAR SERVICE (vi) Exception:1 This order shall not It is further ordered, That copies of apply to cars subject to Freight Tariff this order shall be served upon the Asso­ Demurrage and Free Time on Freight Cars 8-0, ICC H-30, issued by B. B. Maurer, ciation of American Railroads, Car At a session of the Interstate Com­ supplements thereto, or reissues thereof, Service Division, as agent of the rail­ merce Commission, Division 3, held in Car Demurrage Rules on Cars Used in roads subscribing to the car service and Washington, D.C., on the 27th day of Handling Coal or Coke Products at Coal car hire agreement under the terms of March 1973. Mines, etc. that agreement, and upon the Ameri­ It appearing, that an acute shortage of (vii) Exception:1 The provisions of can Short Line Railroad Association; boxcars, gondola cars, and covered hop­ Rule 8, Item 935 of General Car Demur­ and that notice of this order shall be per cars exists throughout the country; rage Tariff 4-J, ICC H-59, issued by B. given to the general public by depositing that certain carriers are unable to fur­ B. Maurer, supplements thereto, or re­ a copy in the Office of the Secretary of nish adequate supplies of these types of issues thereof, or similar provisions of the Commission at Washington, D.C., freight cars to shippers located on their other applicable demurrage, detention, and by filing it with the Director, Office lines; that these shortages of freight or storage tariffs shall govern the ad­ cars are impeding the movement of many justment, cancellation, or refund of de­ of the Federal Register. commodities; that many freight cars are murrage assessed as a result of the By the Commission, Railroad Service held by shippers for excessive periods causes described in such rules. Board. awaiting loading, unloading, or disposi­ (viii) Exception:1 Exceptions to this order may be authorized to carriers by I [seal] R obert L. Oswald, tion instructions; that such practices im­ Secretary. mobilize large numbers of freight cars the Railroad Service Board. Request for needed by shippers for the transportation exceptions must be submitted in writing [FR Doc.73-6289 Filed 3-30-73;8:45 am] of other freight; and that the existing to R. D. Pfahler, Chairman, Railroad demurrage and detention rules, regula­ Service Board, Interstate Commerce I [S.O. 1111, Arndt. 6] tions, and practices of the railroads are Commission, Washington, D.C. 20423.1 PART 1033— CAR SERVICE ineffective to control such use of freight Each such request must specifically I cars. It is the opinion of the Commission identify the type of cars for which an I Delaware and Hudson Railway Co. that an emergency exists requiring im­ exemption is desired and must clearly I At a session of the Interstate Com­ mediate action to promote car service in merce Commission, Railroad Service the interest of the public and the com­ 1 Change.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 RULES AND REGULATIONS 8447 state the reasons why such cars can­ counted after the free time, including placement notice of freight destined for not be utilized in other services. a Saturday, Sunday, or holiday imme­ unloading or transshipment, shall apply. (ix) The terms “loading,” “unload­ diately following the day on which the (ii) If no such rules with respect to ing,” “constructive placement,” and last day of free time begins. arrival, or regarding constructive place­ “forwrding directions” as defined in (ii) (a) Credits earned on cars held ment are published in the applicable General Car Demurrage Tariff 4-J, ICC for loading shall not be used in offsetting tariffs, the rules published in General H-59, issued by B. B. Maurer, supple­ debits accruing on cars held for unload­ Car Demurrage Tariff 4-J, ICC H-59, ments thereto, or reissues thereof, shall ing, nor shall credits earned on cars issued by B. B. Maurer, supplements apply to cars subject to this order. held for unloading be used in offsetting thereto, or reissues thereof, shall apply. (x) The term “holidays” means holi­ debits accruing on cars held for loading. (b) Rules and regulations suspended. days as listed in Item 25 of General Car (b) Credits earned on cars loaded andThe operation of all rules and regula­ Demurrage Tariff 4-J, ICC H-59, issued unloaded In intraplant switching service tions, including rates, rules, and free­ by B. B. Maurer, supplements thereto, shall not be used to offset debits accru­ time periods granted by authority of or reissues thereof. r ing on cars handled in other services; Part 1, section 22, of the Interstate Com­ (2) Free Time} (i) Not more than a nor shall credits earned on cars handled merce Act, insofar as they conflict with total of 48 hours’ free time, computed in other services be used to offset debits the provisions of this order, is hereby in accordance with the provisions of the accruing on cars loaded and unloaded suspended. applicable tariffs naming demurrage or in intraplant switching service. (c) Notification of shipper required. detention rules and charges, shall be al­ (1) Carriers shall send or deliver a lowed for loading, unloading, or furnish­ Note: The term “intraplant switching written notice to shippers or consignees service” will be applied as defined in the of the requirements of this order at or ing of forwarding or disposition instruc­ applicable tariffs, and will include cars of tions on cars held for orders. grains, seeds, or soybeans, handled in “set­ prior to the time of actual or constructive (ii) If the maximum free time au­back service.” placement of cars for loading1 or unload­ thorized in applicable tariffs is less than ing or at the time notice of arrival or of the 48-hour period described in para­ (iii) Credits cannot be earned by pri­ constructive placement is given. On cars graph (a) (!) (i) of this section, the free­ vate cars subject to Rule 1, section B, held for instructions from the shipper or time periods provided in such tariffs paragraph 4(a) of General Car Demur­ qualified owner of' the freight, such no­ shall apply. rage Tariff 4-J ICC H-59, issued by B. tices must accompany or precede the (3) Demurrage, detention, or storage B. Maurer, supplements thereto, or re­ arrival notice. charges—cars not subject to average issues thereof, or subject to similar rules (2) If a notice described in paragraph demurrage basis.1 (i) After the expira­ in other tariffs, but debits charged on (c) (1) of this section has been given to tion of the free-time period described in such cars while under constructive a shipper or receiver at origin, destina­ paragraph (a) (2) of this section, demur­ placement may be offset by credits tion, or hold point, no further notices rage charges shall be assessed at the earned on other cars. of the requirements of this order need be following rates, until car is released : (iv) At end of the calendar month the given. total number of applicable credits will (3) Carriers are required to maintain $10 per car per day, or fraction of a day, for each of the first 2 days. be deducted from the total number of a copy of all notices of the requirements $20 per car per day, or fraction of a day, debits at the ratio of two credits for one of this order sent to shippers, receivers, for each of the next 2 days. debit, and $10 per debit will be charged or qualified owners of freight, at the sta­ $30 per car per day, or fraction of a day, for the remainder. (See note.) If the tion or point from which sent. for each of the next 2 days. total number of debits are offset by (4) Failure of a carrier to send and $50 per car per day, or fraction of a day, credits through deduction at the above preserve copies of the notices required for each subsequent day. ratio of two credits for one debit, no by paragraph (c) (1) (i) of this section (ii) The applicable demurrage charges charge will be made for the detention of shall not be deemed as nullifying the re­ provided herein will accrue on all Sat­ the cars except as otherwise provided quirements of paragraph (a) (2) or (3) urdays, Sundays, and holidays subse­ herein for detention beyond the second of this section. quent to the free time including a Sat­ debit day, and no payment will be made (d) Effective date. This order shall urday, Sunday, or holiday immediately by the railroad on account of such excess become effective at 7 a.m., April 1, 1973. following the day on which the last day of credits; nor shall the credits in excess (e) Expiration date.1 This order shall ; of free time begins; except as otherwise of the debits of any one month be con­ expire at 6:59 a.m., August 1,1973, unless i provided in Rule 6, section B, of General sidered in computing the average deten­ otherwise modified, changed, or sus­ Car Demurrage Tariff 4-J, ICC H-59, tion for another month. pended by order of this Commission. issued by B. B. Maurer, supplements Note: For the purpose of applying para­ (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, thereto, or reissues thereof, graph (a) (4) (iv) of this section, when an 384, as amended; 49 U.S.C. 1, 12, 15, and 17 i (4) Cars subject to average demurrage odd number of credits is earned, one of such (2) . Interprets or applies secs. 1(10-17), 15 basis.1 (i) One credit will be allowed for credits will be disregarded in the computa­ (4), and 17(2), 40 Stat. 101, as amended, 54 each car released before the expiration tion. Stat. 911; 49 U.S.C. 1(10-17), 15(4), and of the first twenty-four (24) hours of (5) Existing tariff rules requiring the 17(2)) free time. After the expiration of forty- placement or release, as a unit, of all It is further ordered, That a copy of eight (48) hours free time (or the ad- cars in a multiple-car shipment shall this order and direction shall be served I justed free time if provided in applica­ remain in effect. upon the Association of American Rail­ ble tariffs), one debit per car per day, (6) The demurrage, detention, or roads, Car Service Division, as agent of I or fraction of a day, will be charged for storage rates provided herein shall super­ the railroads subscribing to the car serv­ I each of the first 2 days. In no case shall sede all published storage charges ex­ ice and car hire agreement under the [more than one credit "be allowed on any pressed in cents per hundredweight, per terms of that agreement, and upon the lone car, and in no case shall more than bushel, or other unit of measure, for all American Short Line Railroad Associa­ I two credits be applied in cancellation freight held in cars in excess of the free­ tion; and that notice of this order be I of debits accruing on any one car. When time periods provided in paragraph (a) given to the general public by deposit­ I a car has accrued two debits, a charge (2) of this section . ing a copy in the office of the Secretary I of $20 per car per day, or fraction of a (7) If the demurrage, detention, or of the Commission at Washington, D.C., I day, will be made for each of the next storage rates authorized in the applicable and by filing it with the Director, Office |2 days, or fraction of a day, and $30 per tariffs are greater than those described of the Federal Register. »car per day, or fraction of a day, for herein, such higher rates shall apply. By the Commission, Division 3. (8) Notices of arrival, constructive leach of the next 2 days, and $50 per care ‘ [seal] R obert L. Oswald, ■ per day, or fraction of a day, will be placement, etc.: (i) Existing tariff provisions defining Secretary. ■ made for all subsequent detention. In constructive placement and establishing [FR Doc.73-6290 Filed 3-30-73;8:45 am] »computing time under this rule, all Sat- the requirements for the placement, I urdays, Sundays, and holidays will be the giving of arrival or constructive 1 Change.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8448 RULES AND REGULATIONS

Title 26— Internal Revenue (5 UJS.C. Vsecs. 3301, 3302, E.O. 10577; 3 CPR PART 213— EXCEPTED SERVICE 1954-58 Comp. p. 218) CHAPTER I— INTERNAL REVENUE SERV­ Department of Housing and Urban ICE, DEPARTMENT OF THE TREASURY United States Civil Serv­ Development SUBCHAPTER H— INTERNAL REVENUE ice Commission, : Section 213.3384 is amended to show I PRACTICE [seal] J ames C. Spry, that one position of Private Secretary I PART 601— STATEMENT OF PROCEDURAL Executive Assistant to the Deputy Under Secretary for Field I RULES to the Commissioners. Operations is excepted under Schedule C. I Comments or Suggestions Submitted in [PR Doc. 73-6242 Piled 3-30-73; 8:45 am] Effective April 2, 1973, § 213.3384(a) Connection With Proposed Rulemaking (36) is added as set out below. Correction PART 213— EXCEPTED SERVICE § 213.3384 Department of Housing and I Urban Development. In PR Doc. 73-6190 appearing at page Department of Agriculture 8245 in the issue for Friday, March 30, (a) Office of the Secretary. * * * 1973, the following changes should be Section 213.3313 is amended to show (37) One Private Secretary to the I made: that the following positions are excepted Deputy Under Secretary for Field I 1. On page 8246, the dates in the 10th under Schedule C: three Confidential Operations. and 16th lines of the first column, now Assistants to the Secretary (Counsellor (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CPR I reading “April 30, 1973”, should read for Natural Resources), one Private Sec­ 1954-58 Comp. p. 218) “April 29,1973”. retary to each of the three Confidential United States Civil Serv­ 2. In § 601.601 (b> (2) (i) the date in Assistants, and one Private Secretary to ice Commission, the 9th line, now reading “April 30,1973”, the Secretary (Counsellor for Natural [seal] J ames C. Spry, should read “April 29,1973”. Executive Assistant Resources). ^ to the Commissioners. Effective on April 2, 1973, paragraphs Title 5— Administrative Personnel [PR Doc.73-6240 Filed 3-30-73;8:45 am] CHAPTER I— CIVIL SERVICE COMMISSION (a) (29), (30), and (31) are added under § 213.3313 as set out below. PART 213— EXCEPTED SERVICE PART 213— EXCEPTED SERVICE § 213.3313 Department of Agriculture, Department of State Department of Housing and Urban (a) Office of the Secretary. * * * Development Section 213.3104 is amended to show (29) Three Confidential Assistants to Section 213.3384 is amended to show I that the following positions are no longer the Secretary (Counsellor for Natural that one position of Director, Urban Pro- I excepted under Schedule A: Six positions Resources). gram Coordination and one position of I of member of the Executive Secretariat; Deputy Under Secretary for Field Oper- I (30) One Private Secretary to each of ations are excepted under Schedule C. Chief, Reports and Operations Staff; the three Confidential Assistants to the four Assistants to the Executive Secre­ Effective on April 2, 1973, paragraph I Secretary (Counsellor for Natural Re­ (a) (43) and (44) are added as set out I tary; Chief, Correspondence Review sources). below. Staff; two professional positions in the (31) One Private Secretary to the § 213.3384 Department of Housing and I Division of Intelligence Acquistion and Secretary (Counsellor for Natural Re­ Urban Development. Distribution; and one Special Assistant sources) . (a) Office of the Secretary. * * * to the Assistant Secretary, Bureau of In­ * * " * * * (43) One Director, Urban Program Co- I ternational Organization Affairs. (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CPR ordination. Effective April 2, 1973, paragraphs (a) 1954-58 Comp. p. 218) (44) One Deputy Under Secretary for I (2), (3), (4), (6), (b)(2), and (f) of United States Civil Serv­ Field Operations. § 213.3104 are revoked. ice Commission, * * * * * (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR [seal] J ames C. Spry, (5 U.S.C. 3301,3302, E.O. 10577; 3 CFR 1954-58 I 1954-58 Comp. p. 218) Executive Assistant to Comp., p. 218) United States Civil Serv­ the Commissioners. United States Civil Serv­ ice Commission, [FR Doc.73-6243 Piled 3-30-73;8:45 am] ice Commission, [seal] J ames C. Spry, [sealI J ames C. Spry, Executive Assistant Executive Assistant to to the Commissioners. PART 213— EXCEPTED SERVICE the Commissioners. [PR Doc.73-6239 Filed 3-30-73;8:45 am] Occupational Safety and Health Review [PR Doc.73-6363 Piled 3-30-73; 10:11 am] Commission Section 213.3344 is amended to show PART 213— EXCEPTED SERVICE CHAPTER I— CIVIL SERVICE COMMISSION that one position of Confidential Assist­ Department of Housing and Urban PART 213— EXCEPTED SERVICE ant to the Chairman is no longer ex­ Development Treasury Department cepted under Schedule C. Section 213.3384 is amended to show I Effective April 2, 1973, § 213.3344(c) that one position of Deputy Under Secre- I Section 213.3305 is amended to show is amended as set out below. tary for Policy Analysis and Program I that one position of Confidential Assist­ § 213.3344 Occupational Safety and Evaluation and one position of Director, I ant to the Deputy Assistant Secretary Health Review Commission. Office of Planning Assistance and Stand- I

(Enforcement, Tariff and Trade Affairs, * * * * * ards are no longer excepted under Sched- and Operations) is excepted under (c) One Confidential Assistant to eachule C. f S Schedule C. Effective on April 2, 1973, paragraphs member of the Commission other than (a) (1) and (d) (9) of § 213.3384 are re- I < Effective on April 2, 1973, § 213.3305 the Chairman. yoked. 1 (a) (41) is added as set out below. (5 TT.S.C. secs. 3301, 3302, E.O. 10577; 3 CPR (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR § 213.3305 Treasury Department. 1954-58 Comp. p. 218) 1954-58 Comp. p. 218) (a) Office of the Secretary. * * * United States Civil Serv­ United States Civil Serv- i j "(41) One Confidential Assistant to the ice Commission, ice Commission, Deputy Assistant Secretary (Enforce­ [sealI J ames C. Spry, [seal] J ames C. Spry, ment, Tariff and Trade Affairs, and Executive Assistant Executive Assistant to the Commissioners. Operations). to the Commissioners. [PR Doc.73-6241 Filed 3-30-73;8:45 am] [PR Doc.73-6364 Piled 3-30-73; 10:11 am]

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8449 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 JUSTICE patible with public interest. This dele­ by a program inspector before they are tion is proposed because a system of ad­ admitted into the commerce of the Immigration and Naturalization Service vance permission is not compatible with United States. On the basis of require­ [8 CFR Part 100] environmental protection or land use ments expressed in Part 327 of the meat planning. inspection regulations and implement­ PORTS OF ENTRY The result of the proposed deletion ing instructions issued to program em­ Deletion of San Ygnacio, Tex. would be to require approval of a right- ployees, samples are selected and ex­ Pursuant to section 553 of title 5 of the of-way application before construction, amined from each lot of product offered United States Code (80 Stat. 383), notice use, or occupancy could be commenced. for importation. The results of the sam­ is hereby given of the proposed issuance It is the policy of the Department of ple examination determine whether the of the following rule pertaining to the the Interior, whenever practicable, to lot of product is eligible to enter U.S. elimination of San Ygnacio, Tex., as a afford the public an opportunity to par­ commerce. If, as a result of the sample port of entry. ticipate in the rulemaking process. Ac­ examination, the determination is made In view of the minimal activity at the cordingly, interested persons may sub­ that the inspection standard for entry San Ygnacio, Tex., port of entry, and the mit written comments, suggestions, or is not met, the entire lot represented by time and expense incurred in providing objections with respect to the proposed the sample is designated “U.S. Refused inspection at that location, it is proposed amendment to the Bureau of Land Man­ Entry.” Refused entry products must be to amend Part 100, as hereinafter set agement (210), Washington, D.C. 20240, reexported from the United States or, if forth, to eliminate its designation as a until May 4,1973. not reexported, be effectively destroyed Class B port of entry for aliens. Copies of comments, suggestions, or ob­ for human food purposes under inspec- In accordance with section 553 of title jections made pursuant to this notice will tional supervision. 5 of the United States Code (80 Stat. be available for public inspection in the Foreign products offered for entry fall ;383), interested persons may submit to Office of Information, Bureau of Land into the principal categories of fresh or |the Commissioner of Immigration and Management, Room 5643, Interior Build­ frozen boneless manufacturing meats, Naturalization, Boom 757, 119 D Street ing, Washington, D.C., during regular meat cuts, canned meat food, products |NE„ Washington, DC 20536, written data, business hours (7:45 a.m.-4:15 p.m.). and packaged meat food products. In­ views, or arguments, in duplicate, rela­ Section 2801.1-4 is revised to read as spection programs using statistical sam­ tive to the proposed rule. All relevant follows: pling plans have been developed and are material received before May 1, 1973, § 2801.1—4 Unauthorized occupancy. in operation for boneless meats, meat will be considered. Any occupancy or use of the lands of cuts, and condition of container. Instruc­ In 8 CFR chapter I, Part 100 is the United States without authority will tions are furnished to inspectors for se­ amended as follows: subject the person occupying or using lecting random samples, identifying and In subparagraph (2) Ports of entry for the land to prosecution and liability for Classifying defects found during sample aliens arriving by vessel or by land trans­ trespass. examination, and using applicable ac­ portation of paragraph (c) Suboffices of J ack O. H orton, ceptance and rejection criteria for these § 100.4 Field Service, District No. 14— Assistant Secretary of the Interior. articles. These instructions insure maxi­ San Antonio, Tex., is revised by deleting mum uniformity in the inspectors’ deci­ [therefrom the listing of “San Ygnacio, M arch 26,1973. sions as to whether a lot of product is iTex.” as a Class B port of entry. [FR Doc.73-6212 Filed 3-30-73;8:45 am] eligible for entry or must be designated [(Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) as “U.S. Refused Entry.” DEPARTMENT OF AGRICULTURE An additional need exists to establish I Dated: March 27,1973. inspection programs using statistical R aymond F. F arrell, Animal and Plant Health Inspection Service sampling plans and criteria for identify­ Commissioner of Immigration [9 GFR Part 327] ing and classifying defects found during and Naturalization. contents examination of canned and INSPECTION OF FOREIGN CANNED OR [PR Doc.73-6237 Piled 3-30-73;8:45 am] packaged products. The existing regula­ PACKAGED PRODUCTS tions and instructions to inspectors state Sampling Imported Meats in general the inspections which are to I DEPARTMENT OF THE INTERIOR Notice is hereby given in accordance be made, but they are not sufficiently Bureau of Land Management with administrative procedure provisions detailed to assure the maximum uni­ [4 3 CFR Part 2800] in 5 U.S.C. 553 that pursuant to the au­ formity and accuracy in inspection find­ thority contained in the Federal Meat ings and dispositions. RIGHTS-OF-WAY Inspection Act, as amended (21 U.S.C. The proposed amendments to the meat Advance Permission 601 et seq.), the Animal and Plant Health inspection regulations would clarify and t The purpose of this revision is to de­ Inspection Service proposes to amend standardize the sampling and inspection lete paragraph (a) of § 2801.1-4 of Title § 327.6 and § 327.12 (9 CFR 327.6, 327.12) procedures for the import inspection and |43 of the Code of Federal Regulations. of the Federal meat inspection regula­ acceptance or rejection of canned and Paragraph (a) provides for the granting tions as indicated below. packaged imported meat and meat food oi advance permission to start construc­ Statement of Considerations: With products. tion, use, and occupy the lands under minor exceptions, all meats and meat It is, therefore, proposed to amend Jurisdiction °f the Department of the food products of cattle, sheep, swine, § 327.6(j) and § 327.12 of the meat in­ ■nterior and its agencies, in advance of goats, and equines, capable of use as hu­ spection regulations as follows : «approval of a right-of-way application, man food, that are imported from a for­ Section 327.6(j) would be amended to ■i such action is determined to be com­ eign country, are required to be inspected read as set forth below :

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8450 PROPOSED RULES

§ 327.6 Products for importation; Pro­ may do so by filing them in duplicate Health, Education, and Welfare. Pay­ gram inspection, time and place; ap­ with the Hearing Clerk, U.S. Department ments are made to hospitals and other plication for approval of facilities as of Agriculture, Washington, D.C. 20250, providers of services tinder the medicare official import inspection establish­ before May 18,1973. program on a regular basis not less often ment; refusal or withdrawal of ap­ Any person desiring opportunity for than monthly. In addition to this basic proval ; official numbers. oral presentation of views on the pro­ procedure for payment to a provider * * * * * posals should address such requests to following the submission of bills, present (j) Foreign canned products are re­the Systems Development and Sanita­ procedures also provide for current fi­ quired to be sound, healthful, wholesome, tion Staff, Scientific and Technical Serv­ nancing payments to be made to pro­ and otherwise not adulterated at the time ices, Meat and Poultry Inspection viders, at their request, to reimburse they are imported into the United States. Program, Animal and Plant Health In­ them currently as services are furnished Provided other requirements of this part spection Service, U.S. Department of and prior to payment based on submis­ are met, the determination of the ac­ Agriculture, Washington, D.C. 20250, so sion of bills. Special accelerated pay­ ceptability of the product and the condi­ that arrangements may be made for such ments are also available upon request tion of the containers shall be based on views to be presented prior to the date where the provider has experienced fi­ the results of inspection procedures out­ specified in the preceding paragraph. A nancial difficulties due to a delay by an lined in instructions to program in­ record will be made of all views orally intermediary in making payments or in spectors as provided in § 327.12. presented. exceptional situations where the provider ***** All written submissions and records of has experienced a temporary delay in Section' 327.12 would be revised to read oral views made pursuant to this notice preparing and submitting bills beyond its as set forth below : will be made available for public inspec­ normal billing cycle. tion in the Office of the Hearing Clerk At the beginning of the medicare pro­ § 327.12 Foreign canned or packaged during regular hours of business, unless gram in 1966, there was considerable products; sampling and inspection. the person makes the submission to the concern that substantial numbers of in­ (a) Consignments of foreign canned Staff identified in the preceding para­ stitutional health care providers would or packaged product shall be inspected graph and requests that it be held con­ decline to participate in the program for wholesomeness, freedom from adul­ fidential. A determination will be made until a fully satisfactory system of proc­ teration, and compliance with all appli­ whether a proper showing in support of essing and paying medicare claims was cable regulations in this Part. Exam­ the request has been made on grounds established and proved. Now that the j inations shall include, but not be limited that its disclosure could adversely affect routine claims process has teen estab­ to, the following as applicable: such person by disclosing information in lished and the original concern over (1) Examination of label to ascertain the nature of trade secrets or commer­ large backlogs eliminated, the current whether it has been approved under Part cial or financial information obtained financing procedure which involves sub­ 317 of this chapter; from any person and privileged or con­ stantial loss of interest earnings by the (2) Condition of container of canned fidential. If it is determined that a proper Medicare Trust Fund is no longer ap­ product; showing has been made in support of the propriate. Hence, the proposed amend­ (3) Net weight examination for prod­ request, the material will be held con­ ments will revoke the provision for cur­ ucts in immediate container bearing a fidential; otherwise, notice will be given rent finance payments and provide that net weight, declaration; of denial of such request and an oppor­ any such payments outstanding at the tunity afforded for withdrawal of the time the amendments become effective (4) Product examination for whole­ submission. Requests for confidential someness and freedom from adulter­ will be overpayments due the medicare treatment will be held confidential (7 program. The provisions for special ac­ ation; CFR 1.27 (c)). (5) Temperature of products which are celerated payments will remain in effect. not shelf stable; Comments on the proposal should bear Prior to the final adoption of the pro­ a reference to the date and page number posed amendments, consideration will be I (6) Comparison of label picture or of this issue of the F ederal R egister. illustration to actual content of con­ given to any data, views, or arguments I tainer; accuracy of label declaration of Done at Washington, D.C., on: pertaining thereto which are submitted I numbers of units (counts) in the con­ March 26,1973. to the Commissioner of Social Security, I Department of Health, Education, and I tainer; and meat content required in F. J. M ulhern, certain meat food products; Administrator, Animal and Welfare Building, Fourth and Independ- I (7) Incubation of sample; Plant Health Inspection Serv­ ence Avenue SW., Washington, D.C. I (8) Laboratory analysis of sample. ice. 20201, on or before May 2,1973. (b) Inspection shall be performed on Copies of all comments received in re-1 samples randomly selected from lots [PR Doc.73-6236 Filed 3-30-73;8:45 am] sponse to this notice will be available I presented for entry. The procedures shall for public inspection during regular I incorporate statistically sound sampling DEPARTMENT OF HEALTH, business hours at the Washington In-1 EDUCATION, AND WELFARE quiries Section, Office of Public Affairs, I plans for sample selection, with appro­ Social Security Administration, Depart-1 priate acceptance and rejection criteria, Social Security Administration ment of Health, Education, and Welfare, I including reduced or tightened criteria [2 0 CFR Part 4 0 5 ] North Building, Room 3193, 330 Inde-1 or skip-lot procedures, based on estab­ pendence Avenue SW., Washington, DC I [Reg. 5] lishment history. The method of sample 20201. selection, the sample size, and the ac­ FEDERAL HEALTH INSURANCE FOR THE The proposed amendments are to be I AGED issued under the authority contained in I ceptance and rejection criteria shall be sections 1102, 1814(b), 1815, 1833(a), I prescribed in instructions to program Subpart D— Principles of Reimbursement for Provider Costs and for Services by 1861 (v), and 1871, 49 Stat. 647, as I employees.1 Hospital-Based Physicians; Appeals by amended, 79 Stat. 296, 297, 302, 322, 331; I ***** Provider 42 U.S.C. 1302,1395 etseq. Any person wishing to submit written Current F inancing P ayments Dated: February 23,1973. data, views, or arguments concerning the proposed amendments or instructions Notice is hereby given pursuant to the R obert M. Ball, Administrative Procedure Act (5 U.S.C.; Commissioner of Social Security. i The instructions which program inspec­ 552 et seq.) th at the amended regulations Approved: March 26,1973. tors use may he obtained upon request from set forth in tentative form are proposed the Deputy Administrator, Scientific and F rank C. Carlucci, Technical Services, APHIS, U.S. Department by the Commissioner of SociaL Security, Acting Secretary of Health, of Agriculture, Washington, D.C. 20250. with the approval of the Secretary of Education, and Welfare.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 PROPOSED RULES 8451 Regulation No. 5 of the Social Secu­ ing equity capital. For purposes of com­ to the intermediary beyond its normal rity Administration (20 CFR Part 405) puting the allowable return the amount billing cycle. Any such payment must be is further amended as follows: of equity capital is the average invest­ approved first by the intermediary and 1. Section 405.405 is amended by re­ ment during the reporting period. The then by the Social Security Administra­ vising the heading and by revoking para­ rate of return allowed, as derived from tion. The amount of the payment is com­ graph (d) as follows: time to time based upon interest rates in puted as a percentage of the net reim­ § 405.405 Payments to providers; gen­ accordance with this principle, is deter­ bursement for unbilled and/or unpaid eral. mined by the Social Security Administra­ covered services. Recovery of the accel­ * * * * * tion and communicated through inter­ erated payment may be made by recoup­ mediaries. Return on investment as an ment as provider bills are processed (d) [Revoked! element of allowable costs is subject to and/or by direct payment. 2. Section 405.419 is amended by de­ apportionment in the same manner as ***** leting subparagraph (4) of paragraph other elements of allowable costs. For (c). (k) Bankruptcy or insolvency of pro­ the purposes of this regulation, the term vider. If on the basis of reliable evidence, § 405.419 Interest expense. “proprietary providers” is intended to the intermediary has a valid basis for ***** distinguish providers, whether sole pro­ believing that, with respect to a provider, prietorships, partnerships, or corpora­ proceedings have been or will shortly (c) Borrower-lender relationship. * * * tions, that are organized and operated (4) [Deleted] with the expectation of earning profit for be instituted in a State or Federal court * * * * * for purposes of determining whether the owners, from other providers that are such provider is insolvent or bankrupt 3. Section 405.429 is amended by de­ organized and operated on a nonprofit under an appropriate State or Federal leting from paragraph (b) (2), first sen­ basis. law, any payments to the provider shall tence, the parenthetical expression “(ex­ 4. Section 405.454 is amended by re­be adjusted by the intermediary, not­ cluding the amount of any current pay­ voking the provision for current financ­ withstanding any other regulation or ment made pursuant to § 405.454(g) ing in paragraph (g), by substituting a program instruction regarding the tim­ (1)).” As so amended, paragraph (b) (2) new paragraph (g) and, to conform to ing or manner of such adjustments, to reads as follows: the revocation, deleting from paragraphs a level necessary to insure that no over­ § 405.429 Return on equity capital of (a), (h), and (k) references to the pro­ payment to the provider is made. vision for current financing. As so proprietary providers. amended, paragraphs (a), (g), (h), and [FR Doc.73-6270 Filed 3-30-73:8:45 am] * * * * * (k) will read as follows: (b) Application. Proprietary providers § 405.454 Payments to providers. DEPARTMENT OF generally do not receive public contribu­ TRANSPORTATION tions and assistance of Federal and other (a) Pirnciple. Providers of services will governmental programs such as Hill- be paid the reasonable cost of services National Highway Traffic Safety Burton in financing capital expenditures. furnished to beneficiaries. Interim pay­ Administration Proprietary institutions historically have ments approximating the actual costs of [ 49 CFR Part 570 ] financed capital expenditures through the provider will be made on the most funds invested by owners in the expecta­ expeditious basis administratively feasi­ [Docket No. 73-9; Notice 1] tion of earning a return. A return on ble but not less often than monthly. A MOTOR VEHICLE INSPECTION investment, therefore, is needed to avoid retroactive adjustment based on actual STANDARDS AND PROCEDURES withdrawal of capital and to attract costs will be made at the end of the Notice of Proposed Rulemaking additional capital needed for expansion. reporting period. For purposes of computing the allow­ * * * * * The purpose of this notice is to pro­ able return, the provider’s equity capital pose motor vehicle inspection standards means: (g) Outstanding current financing and procedures for hydraulic service * * * * * payments. Prior to (date of publication brake and parking brake systems, steer­ of regulation) current financing pay­ ing and suspension systems, and tire and (2) Net working capital maintained forments were authorized to providers of wheel assemblies. necessary and proper operation of pa­ services, at their request, to reimburse Background. Section 108(b) (1) of the tient care activities. However, debt rep­ them currently as services were fur­ National Traffic and Motor Vehicle resenting loans from partners, stock­ nished to beneficiaries. Such payments Safety Act of 1966 authorizes the Secre­ holders, or related organizations on were in addition to the basic procedure tary to “* * * establish uniform Fed­ which 'interest payments would be allow­ for payments to providers. Effective eral motor vehicle safety standards ap­ able as costs' but for the provisions of (date of publication of regulation) cur­ plicable to all used motor vehicles,” the § 405.419(b) (3) (ii), is not subtracted in rent financing payments shall not be standards to be expressed in terms of computing the amount of paragraph (b) made. Any current financing payments motor vehicle performance. The mode of (1) of this section and this paragraph (b) outstanding on (date of publication of enforcement of these standards contem­ (2) , in order that the proceeds from such regulation) constitute overpayments plated by Congress is State inspection of loans be treated as a part of the provid­ which are due and payable to the Social used motor vehicles. Section 108(b) (1) er’s equity capital. In computing the Security Administration as of such date. of the Act declares that “it is the policy amount of equity capital upon which a If refund is not made the Social Security of Congress to encourage and strengthen return is allowable, investment in facil­ Administration may recover such over­ the enforcement of State inspection of ities is recognized on the basis of the his­ payments by withholding payments, in used motor vehicles.” That congressional torical cost, or other basis, used for de­ whole or in part, otherwise due the pro­ policy has already been implemented in preciation and other purposes under the vider of services under title XVIII of the part by actions taken by the Secretary health insurance program. With respect Social Security Act, in accordance with under the companion Highway Safety to a facility or any tangible assets of a procedures established by the Adminis­ Act of 1966. Under the Highway Safety facility acquired after August 1,1970, the tration, notwithstanding any provision Act, each State is required to have a excess of the price paid for such facility to the contrary in §§ 405.370 to 405.373. federally approved highway safety pro­ or such tangible assets over the historical (h) Accelerated payments to pro­ gram in accordance with uniform .Fed­ cost, as defined in 5 405.415(b), or the viders. Upon request, an accelerated eral highway safety program standards. cost basis, as determined under § 405.415 payment may be made to a provider of An initial highway safety program services where the provider has experi­ (g) (whichever is appropriate), is not in­ standard released on June 27, 1967, cludable in equity capital, and loans enced financial difficulties due to a delay by the intermediary in making payments requires that each State “have a pro­ made to finance such excess portion of or in exceptional situations, where the gram for periodic inspection of all reg­ the cost of such acquisitions (see provider has experienced a temporary istered vehicles,” and, among other pro­ § 405.419(d)) are excludable in comput­ delay in preparing and submitting bills visions, requires that “the inspection

No. 62—Pt. I——8 FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8452 PROPOSED RULES covers systems, subsystems, and compo­ should be viewed as the minimum ac­ plied. Equalization of rear brake sys­ nents having substantial relation to safe ceptable for vehicles in use on the public tems is important to prevent lock-up of vehicle performance,” and that “the in­ roads. They are not intended to supplant one wheel upon brake application, a spection procedures equal or exceed cri­ State standards that establish a higher condition which in extreme situations teria issued or endorsed by” the performance for the systems covered by could lead to uncontrolled skidding. National Highway Traffic Safety this notice, or to discourage States from Equalization is met under the proposed Administration. establishing or maintaining standards standard when the force applied to any Subsequently, on August 3, 1972, the for other vehicle systems hot covered. wheel is within 20 percent of the force NHTSA reaffirmed its commitment to Similar considerations governed the applied to the opposite wheel on the vehicle inspection in the proposed 23 CFR selection of inspection procedures. The same axle. Current State inspection pro­ Part 243 Highway Safety Program No. NHTSA reviewed inspection procedures cedures for equalization vary. Some rely N-3, “Vehicle Requirements” (37 FR of many origins, giving special attention on a road test with a subjective driver 15602 at 15610). Under the proposal, pe­ to USA Standard D-7.1 (1968) “Inspec­ reaction. Others use a drive-on plat­ riodic inspection programs would be re­ tion Procedures for Motor Vehicles, form from which readings are taken. A tained but as an alternative a State could Trailers, and Semitrailers Operated on few jurisdictions use a roller type brake adopt an experimental, pilot, or demon­ Public Highways,” and the “Vehicle In­ analyzer with the capability of judging stration program approved by the Ad­ spection Handbook” (June 1972) pre­ balance and equalization. Only the lat­ ministrator (§ 243.5(g) K A vehicle in­ pared by Automobile Manufacturer’s ter two objective methods are allowable spection would cover ^ at least “the Association, Inc. in cooperation with the under the proposal. braking, suspension, and steering sys­ American Association of Motor Vehicle Brake hoses should be inspected tems, and tire conditions” (§ 243.5(c)). Administrators. The proposed require­ through all wheel positions, from full Other actions taken in implementa­ ments have been developed with a view left to full , right. If the hoses are tion of the mandates of the Traffic Safety towards inspecting with basic, readily cracked, chafed, crimped, damaged, de­ Act include the submittal to Congress in available equipment. This should also graded, flattened, or mounted so as to June 1968 of the report “Safety for enable vehicle inspections to be com­ contact the vehicle body or chassis, the Motor Vehicles in Use,” publication on pleted within a reasonable period of vehicle should be rejected. For the past November 27,1968, of a Notice of Request time. several years brake drums and discs for Comments on Federal motor vehicle Applicability. The standards are pro­ have been embossed with dimensions safety standards applicable to motor - posed to apply to the inspection and per­ critical to safety. The inspection would vehicles in use (Docket No. 37, 33 FR formance of all motor vehicles licensed require drums and discs to be within 17699), and issuance of the Vehicle-in- for use on the public roads (other than the appropriate specifications. Use Program Plan in April 1972. NHTSA motorcycles, and trailers) with a gross The condition of friction materials is has also funded at least 18 research con­ vehicle weight rating of 10,000 pounds relevant to adequate brake performance, tracts in this area. or less. and values and procedures are given for Policy considerations. Cost/benefit Brake system standards and inspec­ inspection of drum lining and disc pad factors have been the primary policy tion procedures. It is obviously of the wear. Structural and mechanical parts consideration in developing the proposed utmost importance that the service such as backing plates and caliper as­ standards and inspection program proce­ brake system operate to slow or halt the semblies should not be deformed or dures. An elaborate and comprehensive vehicle according to the wishes and cracked, and system parts should not be inspection program covering the totality needs of the driver. To accomplish this broken, misalined, missing, binding, or of vehicle systems was intially consid­ the overall system must be equalized, show evidence of severe wear. When a ered. However, the construction of new and in good operational order with no power assist system* is inspected, both or expanded inspection facilities, the critical deformation or wear. The cri­ the components and the system should purchase of complex equipment and the teria and procedures are proposed with demonstrate integrity. training of operators for its use would these goals in mind. The inspection Finally, the parking brake system result in an increased burden for the should initially verify that the brake should be inspected for efficiency. Al­ average taxpayer, and perhaps an in­ system failure indicator lamp, found on ternative tests are proposed. In one, the tolerable burden for those of lesser 1968 and subsequent model passenger vehicle would have to remain stationary ■ means. This segment of the population cars, is operable. The integrity of the for 1 minute, including upward on a 17 is generally dependent for transporta­ service brake system would next be percent grade. This is a more severe ve­ tion upon older vehicles, which might checked. One attribute of integrity is hicle attitude for testing parking brake be rejected under a stringent inspection freedom from brake fluid leakage. The efficiency than in the reverse direc­ for reasons that are not critically safety- simple test proposed here is whether, tion, with the vehicle inclined facing related. Financial burdens could only be when the brake pedal is once applied, downward. In the alternate test, the I justified were corresponding benefits to and force maintained,, the pedal con­ vehicle would have to stop in not more I traffic safety realized. The information tinues to descend by more than one- than 54 feet from a speed of 20 mi/h I gathered to date does not support the quarter inch, or whether the failure in­ using the parking brake alone. imposition of an elaborate scheme. dicator illuminates. This would be com­ Steering and suspension system stand- I Therefore, the standards proposed by bined with a test for integrity requiring ards and inspection procedures. A ve- I the NHTSA cover only those vehicle sys­ the sudden application of 150 pounds of hide should handle predictably under I tems whose maintenance in good order force to the pedal, to be held for 10 normal and emergency conditions, and I has proven critical to the prevention of seconds without failure of a brake line the steering and suspension systems I traffic accidents. Research indicates or other part. should be in good order. The steering I that- 6 percent of all vehicle accidents An additional test for system integrity system should retain a considerable de- I studied were caused by failure of me­ is whether the brake pedal is fully ap­ gree of the tightness that it had when I chanical components, with the proba­ plied before it hits the floorboard or the vehicle was new. Lash or free play I bility that an additional 11 percent of other object restricting travel. If the in the system should not exceed a cer- I accidents were also caused or contri­ pedal is fully applied within 80 percent tain tolerance, which the NHTSA has I buted to by component degradation. of the total distance from free pedal tentatively determined is 2 inches (i.e., I Further analysis shows that 77 percent height to the floorboard, or other object when the wheels are turned in one di­ of these accidents involved brake sys­ restricting travel, an adequate brake rection, and the steering wheel is turned I tems, steering and suspension systems, pedal reserve exists. An inadequate re­ to begin a return movement, a point on I and tire and wheel assemblies. The serve may indicate maladjustment, leak­ the steering wheel rim should not move I NHTSA thus believes that the highest age, lining problems and the. like. more than 2 inches before the beginning I payoff in used vehicle safety lies in es­ Equalization of front brake systems of perceptible return movement of the I tablishing inspection standards for these tends to insure that the vehicle does not front wheels). Similarly, free play in I vehicle systems, which are the ones cov­ pull to one side but decelerates in a the steering linkage should not exceed I ered in this proposal. These standards straight line when the brakes are ap­ a certain tolerance, which the NHTSA I

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 PROPOSED RULES 8453 has tentatively determined is one- whether deformation exceeds this § 570.3 Application. quarter inch. This agency is interested tolerance. This part does not in itself impose re­ in receiving specific comments on the In consideration of the foregoing, it is quirements on any person. It is intended appropriateness of the 2-inch and one- proposed that Title 49, Code of Federal to be implemented by States through the quarter-inch tolerances. Additionally, tional Highway Traffic Safety Admin- highway safety program standards issued there should be no binding or jamming Regulations, be amended by adding Part under the Highway Safety Act (23 U.S.C.' in the system inhibiting free tinning of 570 to read as set forth below. 402) with respect to inspection of motor the front wheels in both directions. Hie Interested persons are invited to sub­ vehicles with gross vehicle weight rating power steering system should operate of 10,000 pounds or less. without hesitation, its sound operating mit comments on the proposal. Com­ ments should refer to the docket number § 570.4 Definitions. condition evidenced both by sufficient and be submitted to: Docket Section, Na- fluid in the reservoir and pump belts in istration, Room 5221, 400 Seventh Street Unless otherwise indicated, all terms proper condition and adjustment. SW., Washington, DC 20590. It is re­ used in this part that are defined in 49 Alinement js important not only for quested but not required that 10 copies CFR Part 571, Motor Vehicle Safety directional predictability but also to in­ be submitted. Standards, are used as defined in that sure evenness of tire wear. Toe-in or toe- part without regard to the applicability out should not exceed 30 feet per mile All comments received before the close of a standard in which a definition is when the vehicle is tested on a scuff of business on the comment closing date contained. gage, such as is found in many inspec­ indicated below will be considered, and tion stations. will be available for examination in the § 570.5 Brake system standards and in­ As for the suspension system, front and docket at the above address both before spection procedures. rear, structural parts should not be miss­ and after that date. To the extent possi­ Unless otherwise noted the force to be ing, bent, or damaged. If stabilizer bars ble, comments filed after the closing applied in inspection procedures to power are present, they should be connected. date will also be considered by the Ad­ assisted and full-power brake systems is Springs should not be broken, or ex­ ministration. However, the rulemaking 25 pounds and to others, 50 pounds. tended by spacers. There should be no oil action may proceed at any time after that (a) Service brake system—(1) Failure on shock absorber housings, evidencing date, and comments received after the indicator. The brake system failure in­ leakage by the seal. Free rocking motion closing date and too late for considera­ dicator lamp,, if part of a vehicle’s orig­ should not exceed two cycles after jounc­ tion in regard to the action will be inal equipment, shall be operable. This ing of the vehicle at either end, as evi­ treated as suggestions for future rule- lamp is required by Federal Motor Ve­ dence of sound shock absorber condition. making. The Administration will con­ hicle Safety Standard No. 105, 49 CFR The inspection of steering and suspen­ tinue to file relevant material, as it be­ 571.105, on every passenger car manu­ sion systems is generally visual in comes available in the docket after the factured since January 1,1968. nature. closing date, and it is recommended that (1) Inspection procedure. Apply park­ Tire and wheel assembly standards interested persons continue to examine ing brake and turn the ignition to start, and inspection procedures. The impor­ the docket for new material. or verify by other means indicated by tance of tires and wheels to traffic safety Comment closing date: July 5, 1973. the vehicle manufacturer that the brake cannot be overemphasized. Tires should system failure indicator lamp is operable. have adequate tread depth, and be free Proposed effective date: 30 days after (2) Brake system integrity—(i) Leak­ from evidence of separation of cords, publication of final rule. age. The brake system shall have no plies, and treads from the carcass or Issued on March 29, 1973. fluid leakage, whose presence will be other adjacent materials. If the tread indicated by decrease in pedal height is less than one-sixteenth of an inch R obert L. Carter, greater than one-quarter inch after the deep, or if a tire shows chunking, bumps, Associate Administrator, brake pedal has been fully applied, or by knots, or bulges, the vehicle should be Motor Vehicle Programs. illumination of the brake system failure rejected. These conditions can be ob­ PART 570— MOTOR VEHICLE INSPECTION indicator lamp. The brake system shall served visually without the use of tools STANDARDS AND PROCEDURES withstand the sudden application of force though an inspector may wish to verify Sec. to the pedal without failure of any line tread depth with a tread gage on tires 570.1 Scope. or other part. that do not incorporate tread wear in­ 570.2 Purpose. (a) Inspection procedure. As rapidly dicators. 570.3 Application. as possible apply a force of 125 pounds The NHTSA also considers it impor­ 570.4 Definitions. to the brake pedal and hold for 10 tant that tire cords not be exposed, either 570.5 Brake system standards and inspec­ tion procedures. seconds. Measure any decrease in pedal to the naked eye or when cuts or abra­ 570.6 Steering and suspension systems height. Turn the ignition to the On posi­ sions on the tire are probed. An awl standards and inspection proce­ tion. Apply the brakes and observe should make an adequate probe for sepa­ dures. whether the lamp illuminates. ration of cuts. - 570.7 Tire and wheel assembly standards (ii) Brake pedal reserve. When the Tires on the same axle should be of and inspection procedures. brake pedal is fully depressed the dis­ the same nominal size, construction, and Authority: Secs. 103, 108, 119, Public Law tance that the pedal has traveled from profile and within the sizes recom­ 89-563, 80 Stat. 718, 15 U.S.C. 1392, 1397, 1407; its free position shall be not greater than mended by the manufacturer for the delegation of authority at 49 CFR 1.51 and 80 percent of the total distance from its vehicle. A major mismatch in nominal 501.8. free position to the floorboard or other size, construction, and profile is cause §570.1 Scope. object that restricts pedal travel. for rejection. The NHTSA is interested (a) Inspection procedure. Measure the m receiving comments with supporting This part specifies standards and procedures for inspection of braking sys­ distance from the free pedal position to data, if possible, as to the degree of mis­ the floorboard or other object that re­ match necessary for rejection. tems, steering and suspension systems, and tire and wheel assemblies of motor stricts brake pedal travel. Depress the Tiré rims should not be cracked, and vehicles in use. brake pedal for not less than 10 seconds. discs, rims, and flanges should have no Then with the force still applied measure visihle cracks. Wheel nuts should be pres­ § 570.2 Purpose. the distance from the free pedal posi­ ent and tight. The purpose of this part is to estab­ tion to the floorboard or other object that If a rim is deformed in excess of one- lish criteria for the inspection of motor restricts pedal travel. Determine the sixteenth of an inch, a tire may lose air brake pedal height ratio. vehicles by State inspection systems, in m maneuvers or even be flexed off the (3) Brake equalization. The force ap­ rim. Lateral and radial runout should be order to reduce death and injuries at­ plied by the brake on a front wheel or tested by pressing a runout gage against tributable to failure or inadequate per­ a rear wheel shall not differ by more the rim, rotating the tire, and judging formance of motor vehicle systems. than 20 percent from the force applied by

FEDERAL REGISTER, V O L 38, NO. 62— MONDAY, APRIL 2, 1973 8454 PROPOSED RULES the brake on the other front wheel or fall slightly under force when the en­ spacers. Shock absorber mountings, the other rear wheel respectively. gine starts, there is a malfunction in shackles, and U-bolts shall be tight. Rub­ (i) Inspection procedure. A vehiclethe power assist system. ber bushings shall not be cracked, ex­ may be tested on a drive-on platform, (b) Parking brake system. The park­truded out from or missing from suspen­ or a roller-type brake analyzer with the ing brake shall hold the vehicle station­ sion joints. Radius rods shall not be capability of judging balance and equal­ ary on a 17 percent up grade for 1 min­ missing or damaged. ization. If a vehicle is tested on an ana­ ute. Alternatively the parking brake shall (1) Inspection procedure. Examine lyzer, tire inflation pressure should not stop the vehicle in not more than 54 feet front and rear end suspension parts for be lower than that recommended by the from a speed of 20 m.p.h. on a clean, level conditions indicated. vehicle manufacturer as indicated in the pavement. (2) Shock absorbers—(i) Leakage. vehicle. Adjust as necessary. (1) Inspection procedure. Drive the There shall be no oil on the shock ab­ (4) Brake hoses and assemblies. Brake vehicle forward onto a 17 percent up sorber housing attributable to leakage hoses shall not be mounted so as to con­ grade. Apply parking brake, and shift by the seal. tact the vehicle body or chassis. Hoses transmission to neutral. Determine (a) Inspection procedure. Hoist ve­ shall not be cracked, chafed, crimped, whether the brake holds for 1 minute hicle to facilitate inspection. Examine damaged, degraded, or flattened. without application of service brakes. shock absorbers for oil droplets leaking (i) Inspection procedure: ExamineAlternatively, from a vehicle speed of 20 from within. visually through all wheel positions from m.p.h., stop the vehicle using only the (ii) Condition. A vehicle shall not con­ full left to full right for conditions in­ parking brake. Measure distance tra­ tinue free rocking motion for more than dicated. versed from start of application of brake two cycles. (5) Disc and drum condition. If the until vehicle comes to rest. (a) Inspection procedure. With vehicle drum is embossed with a maximum safe on a level surface, push down on one end diameter dimension or the rotor is em­ § 570.6 Steering and suspension sys­ and release. Note number of cycles of free bossed with a minimum safe thickness tems standards and inspection pro­ cedures. rocking motion. Repeat procedure at dimension, the drum or disc shall be other end of vehicle. within the appropriate specifications. (a) Steering system— These dimensions will be found on motor (1) System play. Lash or free play in § 570.7 Tire and wheel assembly stand­ vehicles manufactured since January 1, the steering system shall not exceed 2 ards and inspection procedures. 1971, and may be found on vehicles man­ inches. (a) Tires—(1) Tread depth. The treads ufactured for several years prior to that (1) Inspection procedure. With the on each tire shall be not less than one- time. engine off and the wheels in the straight sixteenth of an inch deep. (i) Inspection procedure: Examineahead position, turn the steering wheel (1) Inspection procedure. Passenger I visually for condition indicated, meas­ in one direction until there is a per­ car tires have tread depth indicators that uring as necessary. ceptible movement of a front wheel. Re­ become exposed when tread depth is less I (6) Friction materials. On each brake verse rotation of the steering wheel. If than one-sixteenth of an inch. Inspect I the thickness of the lining or pad shall a point on the steering wheel rim moves for indicators in any two adjacent ma­ not be less than one thirty-second of an more than 2 inches before perceptible jor grooves at three locations spaced ap- I inch over the rivet heads, or the brake return movement of the wheel under proximately equally around the outside L shoe on bonded linings or pads. Brake observation, there is excessive lash or of the tire. For vehicles other than pas- I linings and pads shall not have cracks free play in the steering system. senger cars it may be necessary to meas- I or breaks that extend to rivet holes. Drum (2) Linkage play. Free play in the ure tread depth with a tread gauge. brake linings shall be securely attached steering linkage shall not exceed one- (2) Type. Vehicles should be equipped I to brake shoes. Disc brake pads shall be quarter of an inch. with tires on the same axle that are H securely attached to backing plates. (i) Inspection procedure. Elevate the matched in nominal size, construction, I (i) Inspection procedure. Hoist vehiclefront end of the vehicle to load the ball and profile. for ease of inspection, and remove joints. Apply the service brakes. Insure (i) Inspection procedure. Examine vis- I wheels and drums. Examine visually for that wheel bearings are correctly ad­ ually. A major mismatch in nominal size, I conditions indicated, and measure justed. Grasp the front and rear of a tire construction, and profile between tires on I height of rubbing surface of lining over and attempt to turn the tire and wheel the same axle, or a major deviation from I rivet heads. Measure bonded lining assembly left and right. If the free move­ the size as recommended by the manu- I thickness over shoe surface at the thin­ ment at the front or rear tread of the facturer (e.g. as indicated on the glove I nest point on lining or pad. tire exceeds one-quarter inch there is box placard on 1968 and later passenger I (7) Structural and mechanical parts. excessive steering linkage play. cars) are causes for rejection. Backing plates and caliper assemblies (3) Free turning. Steering wheels shall (3) General condition. Tires shall be I shall not be deformed or cracked. Sys­ turn freely through the limit of travel free fyom chunking, bumps, knots, or I tem parts shall not be broken, mis­ in both directions. bulges evidencing cord, ply, or tread sep- I aligned, missing, binding, or show evi­ (i) Inspection procedure. Turn the aration from the casing or other adjacent I dence of severe wear. Automatic steering wheel through the limit of travel materials. adjusters and other parts shall be as­ in both directions. Feel for binding or (i) Inspection procedure. Examine vis- I sembled and installed correctly. jamming in the steering gear mechanism. ually for conditions indicated. (i) Inspection procedure. Examine (4) Alinement. Toe in or toe out, shall (4) Damage. Tire cords or belting ma- I visually for conditions indicated. not exceed 30-feet per mile, as recorded terials shall not be exposed, either to the I (8) Power assist. Vacuum hoses shall on a scuff gauge. naked eye or when cuts or abrasions bn I not be collapsed, abraded, broken, im­ (i) Inspection procedure. Drive vehicle the tire are probed. properly mounted or audibly leaking. over scuff gauge and record reading. . (i) Inspection procedure. Examine vis- I With residual vacuum exhausted and a ually for conditions indicated, using an I constant 25-pound force on the brake (5) Power steering system. The power awl if necessary to probe cuts or I pedal, the pedal shall fall slightly when steering system shall not have cracked abrasions. the engine is started, demonstrating in­ or slipping belts, or insufficient fluid in (b) Wheel assemblies—(1) Integrity. I tegrity of the power assist system. the reservoir. A tire rim shall not be cracked. (i) Inspection procedure. With engine (i) Inspection procedure. Examine (1) Inspection procedure. Exam ine I running, examine hoses visually and fluid reservoir and pump belts for condi­ visually for condition indicated. aurally for conditions indicated. Stop tions indicated. (2) Deformation. The lateral and ra- I engine and apply service brakes several (b) Suspension system—(1) Suspen­ dial runout of each rim bead shall not I sion condition. Ball joints shall not be times to destroy vacuum in system. De­ cut or cracked. Structural parts shall not exceed one-sixteenth of an inch. press brake pedal with 25 pounds of be bent or damaged. Stabilizer bars (if (i) Inspection procedure. Adjust wheel I force and while maintaining that force, present) shall be connected. Springs nuts and bearings if necessary. Using I start the engine. If brake pedal does not shall not be broken, or extended by runout gage, a suitable stand, and a I

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 1 , 1973 PROPOSED RULES 8455 roller finger, measure lateral runout of describe it in performance terms; its document submitted to the docket by rim bead through one full wheel rotation design could legally be ’frozen’ by de­ General Motors (Docket No. 69-7, gen­ and identify any runout in excess of tailed, blue-print-type drawings and eral correspondence, Items 74 and 74(a), one-sixteenth of an inch. Runout exists complete equipment specifications” (36 Dec. 18,1972, Jan. 11,1973) for a descrip­ when the top and bottom of the wheel PR 19255, Oct. 1,1971). Thus, the Court’s tion of the dummy and its component move alternatively toward and away position was that the dummy could be parts. from the center as the wheel rotates on specified either in performance terms or The NHTSA is continuing to support a free-rolling axle. by descriptive design specifications. advanced research and development work (3) Wheels. Wheel discs, rims, or The approach taken in this notice is on devices that simulate the human body. flanges shall have no visible cracks. to use both of these methods. Mechani­ It is widely recognized that the technol­ (i) Inspection procedure. Examine cal drawings are being supplied that will ogy in this area is in a relatively early visually for conditions indicated. provide uniformity of details in dummies stage of development. In the judgment (4) Mounting. All wheel nuts and bolts or dummy parts produced by suppliers. of this agency, however, the device pro­ shall be present and tight. In addition, specific commercially avail­ posed for use by this notice is fully able “part numbers” will be provided. adequate for the purpose, and it is (i) Inspection procedure. Examine Performance specifications are also pro­ anticipated that, as finally issued, the visually for conditions indicated. vided that will serve as calibration checks proposed dummy specifications will re­ [PR Doc.73-6331 Piled 3-30-73;8:45 am] and help to assure repeatability of main stable for several years. results. The head proposed for the dummy is [ 49 CFR Part 572 ] The dummy design that has been ten­ the latest in a series of aluminum heads tatively selected by the NHTSA, and is developed by Sierra Engineering Co. [Docket 73-8; Notice 1] hereby proposed, is a composite design After reviewing the impact test data of OCCUPANT CRASH PROTECTION using components developed by Alderson heads having a variety of designs and Proposed Test Dummy Specifications Research Laboratories, Sierra Engineer­ compositions, the NHTSA has deter­ ing Co., and General Motors. This dummy mined that the aluminum head is less The purpose of this notice is to propose design has been designated by General likely to becloud the accelaration data specifications for the test dummy to be Motors as the “GM Hybrid H Dummy,” with its own resonances than are heads used in testing vehicles for compliance and has undergone extensive testing by of other materials. with Motor Vehicle Safety Standard No. GM. In the judgment of the NHTSA, on The performance of the head is evalu­ 208, Occupant Crash Protection, and to the basis of information received to date ated by a test in which the head is_ propose an amendment to Standard No. and on the basis of the agency’s own test dropped forehead first onto a steelplate. 208 incorporating the new specification. program, it represents the most satis­ The accelerations recorded by the ac­ Standard No. 208 (49 CFR 571.208) is factory design that is currently com­ celerometers in the head must fall within the primary standard for protection of mercially available. specified limits in order for the head vehicle occupants in crashes. It provides All interested persons should bear in to qualify for use in compliance tests. requirements both for seatbelt systems mind that the legal requirements of The neck chosen for the dummy is and for passive protection systems that Standard 208 and other standards relate made of rubber and meets the design require no action by vehicle occupants, to vehicle performance, not to dummy specifications of General Motors Draw­ in the form of options to be selected by design. The dummy is simply an objective ing No. 50-3. Its performance is evaluated manufacturers. A passive system is to be method of specifying performance in a by a pendulum impact test, in which the tested by seating anthropomorphic test crash test that must be attained by a motion of the head allowed by the neck dummies in the vehcile and subjecting vehicle when tested by the government. must fall within specified limits during a it to various types of crashes, with the From the standpoint of this agency, any controlled deceleration of the pendulum. requirement that the dummies be con­ person is free to produce the dummies Data from pendulum tests conducted by tained within the vehicle and that the used for testing, and in fact the availabil­ Calspan Corp., indicate that the test is force on or acceleration of specified lo­ ity of relevant mechanical drawings sensitive to differences in design and cations on the dummies (head, chest, through the NHTSA is intended to make repeatable in successive tests of the same and femurs) not exceed certain levels. that possible. The negotiation or adjudi­ neck. On December 5,1972, the U.S. Court of cation of any patent or other private The thorax proposed for the dummy Appeals for the Sixth Circuit rendered claims that may arise should be dealt conforms to the most recent Alderson a decision on petitions for review of with by the commercial and legal proc­ specification, in which steel ribs are Standard 208 by several automobile esses of the private sector. To the knowl­ combined with a leather sternum. The manufacturers (Chrysler v. Volpe, No. edge of this agency, the only patent on a damping properties of this design more 71-1339 et al., Sixth Cir. 1972). The component of the specified dummy is one nearly resemble the behavior of the Court upheld the validity of the stand­ on the knee held by Alderson, and that human chest than did earlier designs. ard in most respects, but remanded company has stated to the NHTSA that it Its performance is evaluated in an im­ the proceeding to the agency on the will license production under its patent pact test using a cylindrical impacter. ground that the test dummy specifica­ The test has been found capable of de­ tions (primarily SAE Recommended for a reasonable royalty. tecting variances due to thorax design, Practice J963) were inadequate and did The mechanical drawings, materials and is considered to provide a good cali­ not meet the statutory requirement that specifications, and assembly details for bration check for the thorax. the standard be phrased in objective the proposed dummy are presently in The configuration of the lumbar spine terms. The Court noted three specific re­ preparation, and will be placed on public and pelvis are largely derived from Aider- spects in which it considered the speci­ file for inspection and copying as they son designs, with the addition of a lum­ fications to be inadequate; (1) The ab­ are received, in no event later than 30 bar spine segment designed by General sence of an adequate flexibility criterion Motors to provide greater uniformity of for the dummy’s neck; (2) permissible days before the end of the comment movement of the lower back. Its perform­ variations in the test procedure for de­ period. They will be incorporated as part ance is evaluated in a static bending test termining thorax dynamic spring rate; of the rule, since it is physically imprac­ of the torso with all components in place. and (3) the absence of specific, objective ticable to publish them in the F ederal The legs are also of Alderson design, specifications for construction of the R egister. If the agency finds that public with modifications to the knee structure dummy’s head. The Court also noted with use of the drawings would be materially in accordance with a GM design. The approval the statement made by the aided by placing them in a location in knee performance is evaluated by an NHTSA in a previous notice in this pro­ addition to its Washington address, it impact test using the impacter developed ceeding ; “ (S) ince the dummy is merely a will consider doing, so. Comments are in­ for thoracic testing. test instrument and not an item of regu­ vited on this point. Until they are avail­ To reduce variances in performance lated equipment, it is not necessary to able, interested persons may refer to the caused by differences in instrumentation

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8456 PROPOSED RULES location and mounting, the proposed reg­ Sec. injury criteria specified in S6 of Stand­ ulation also specifies the manner in 572.4 Terminology. ard No. 208 (49 CFR § 571.208). 572.5 General description. which instruments are to be located and 572.6 Head. § 572.6 Head. mounted. 572.7 Neck. In light of the above, it is proposed 572.8 Thorax. (a) The head consists of the assembly that Chapter V of Title 49, Code of Fed­ 572.9 Lumbar spine, abdomen, and pelvis. shown as number SA 150 M010 in Figure eral Regulations, be amended by adding 572.10 Limbs. 1 and conforms to each of the drawings a new Part 572, “Test Dummy Specifica­ 572.11 Test conditions and instrumentation. subtended by number SA 150 M010. tions” as set forth below. Authority: Secs. 102, 119, National Traffic (b) When the head is dropped from It is also proposed that section S8.1.8 and Motor Vehicle Safety Act, Public Law a height of 10 inches in accordance with of Standard No. 208 be amended by sub­ 89-563, 80 Stat. 718, 15 U.S.C. 1392, 1407; paragraph (c) of this section, the peak stituting a reference to the Part 572 and the delegations of authority at 49 CFR resultant accelerations at the head’s dummy for the present reference to the 1.51 and 49 CFR 501.8. center of gravity shall be not less than SAE J963 dummy. It is further proposed § 572.1 Scope. 210 g., and not more than 260 g. The ac- that the first and second restraint op­ celeration/time curve for the test shall tions available to manufacturers before This part describes the 50th percentile be unimodal and shall lie at or above the passive protection becomes mandatory, male anthropomorphic test dummy that 100 g. level for an interval not less than suspended by the Chrysler decision, be is to be used for compliance testing of 0.9 millisecond and not more than 1.5 reinstated in the standard, thereby per­ motor vehicles with motor vehicle safety millisecond^. mitting manufacturers to elect to install standards. (c) Test procedure: passive restraint systems during that § 572.2 Purpose. (1) Suspend the head as shown in period. Figure 2, so that the lowest point on the The NHTSA does not intend hereby The design and performance criteria forehead is the point of intersection be­ to make the Part 572 dummy applicable specified in this part are intended to tween the midsagittal plane and a cross- to seat belts under the third option in describe a measuring tool with sufficient sectional plane that is horizontal and 1.5 1973 (S4.1.2.3). precision to give repetitive and correla­ inches below the top of the head when Interested persons are invited to sub­ tive results under similar test condi­ the dummy is in the upright position. - mit comments on the proposal. Com­ tions and to reflect adequately the pro­ (2) Drop the head from the specified ments should refer to the docket num­ tective performance of a vehicle with height onto a flat horizontal steel plate, ber and be submitted to : Docket Section, respect to human occupants. 2 inches thick and 2 feet square. National Highway Traffic Safety Ad­ § 572.3 Application. § 572.7 Neck. ministration, Room 5221, 400 Seventh This section does not in itself impose (a) The neck consists of the assembly Street SW., Washington, DC 20590. It duties or liabilities on any person. It is is requested but not required that 10 shown as number SA 150 M020 in Figure a description of a tool to measure the 1 and conforms to each of the drawings copies be submitted. performance of occupant protection All comments received before the close subtended by No. SA 150 M020. systems required by the safety standards (b) When the neck is tested with the of business on the comment closing date that incorporate it. It is designed to be indicated below will be considered, and head in accordance- with paragraph (c) referenced by, and become a part of, the of this section, the head shall rotate in will be available for examination in the test procedures specified in motor vehicle docket at the above address both before reference to the pendulum’s longitudinal safety standards such as Standard No. centerline a total of 64 *±4° about its and after that date. To the extent possi­ 208, Occupant Crash Protection. ble, comments filed after the closing center of gravity, rotating to the extent date will also be considered by the Ad­ § 572.4 Terminology. specified in the following table at each ministration. However, the rulemaking (a) The term “dummy” refers to the indicated point in time, measured from action may proceed at any time after test device described by this*part. impact, with a chordal displacement that date, and comments received after measured at its center of gravity that is (b) Terms describing parts of the within the limits specified. The peak re­ the closing date and too late for con­ dummy, such as “head,” are the same as sideration in regard to the action will sultant acceleration recorded at the cen­ names for corresponding parts of the ter of gravity shall not exceed 23 g. be treated as suggestions for future rule- human body. making. The Administration will con­ tinue to file relevant material, as it be­ (c) The term “upright position” means Time (ms) Chordal the position of the dummy when it is Rotation (degrees) ±(2+.04T) displacement comes available in the docket after the (inches ±0.3) closing date, and it is recommended that seated on a rigid horizontal surface with its midsagittal plane vertical, with its interested persons continue to examine 0______0 0.0 the docket for new material. buttocks and shoulders tangent to a 30_.______27 2.7 transverse vertical plane, and with its 60...... 46 5.2 Comment closing date: July 1, 1973. Maximum...... 58 5.6 Proposed effective date: August 1,1973*. occiput 1.7 inches forward of the trans­ 60______70 5.2 verse vertical plane. 30______92 2.7 This notice of proposed rulemaking 0...... -...... no 0.0 is issued under the authority of sections § 572.5 General description. 103 and 119 of the National Traffic and (a) The dummy consists of the com­ (c) Test procedure: Motor Vehicle Safety Act, Public Law ponent assemblies specified in Figure 1 (1) Mount the head and neck on a 89-563, 80 Stat. 718, 15 U.S.C. 1392, 1407, and conforms to the drawings and speci­ rigid pendulum as specified in Figure 3, and the delegations of authority at 49 fications subreferenced by Figure 1. so that the head’s midsagittal plane is CFR 1.51 and 49 .bFR 501.8. (b) Adjacent segments are joined in a vertical and coincides with the plane of manner such that throughout the range motion of the pendulum’s longitudinal Issued on March 28, 1973. centerline. R obert L. Carter, of motion and also under crash-impact (2) Release the pendulum and allow it Associate Administrator, conditions there is no contact between to fall freely from a height such that the Motor Vehicle Programs. metallic elements except for contacts velocity at impact is 23.5 feet .per sec­ A new part, Part 572, is proposed as that exist under static conditions. ond (f.p.s.), measured at the center of follows: (c) The structural properties of the the instrument mounting specified in PART 572— ANTHROPOMORPHIC TEST dummy are such that the dummy con­ Figures. DUMMY forms to this part in every respect both (3) Decelerate the pendulum to a stop Sec. before and after being subjected to bar­ at a rate that is not less than 17 g. and 572.1 Scope. 572.2 Purpose. rier or sled tests producing readings 25 not more than 23 g., with a rise time to 572.3 Application. percent above any of the quantitative 17 g. of not more than 4 milliseconds and

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 PROPOSED RULES 8457 a decay time from 17 g. of not more than flex by an amount that permits the rigid (3) Impact the knee with the test 10 milliseconds. thoracic spine to rotate from its nominal probe moving horizontally at the spec­ (4) Allow the neck to flex without im­ position by the number of degrees shown ified velocity. pact of the head or neck with any object. below at each specified force level, and (4) Guide the probe during impact so (5) Measure the acceleration of the shall straighten upon removal of the that it moves with no significant lateral, pendulum with instrumentation that has force so that the thoracic spine returns vertical, or rotational movement. a frequency response of the Channel to within 5° of its nominal position. § 572.11 Test conditions and instrumen­ Class 60, SAE Recommended Practice Force tation. J211, October 1970. Flexion (pounds ±5 (degrees) * percent) (a) The test probe used for thoracic § 572.8 Thorax. 0 ______0 and knee impact tests is a cylinder 6 (a) The thorax consists of the assem- > 2 0 ______24 inches in diameter that weighs 51.5 bly shown as No. SA 150 M030 in Figure 3 0 _____ 34 pounds including instrumentation. Its 1, and conforms to each of the drawings 4 0 ______50 impacting end has a flat right face with subtended by No. SA 150 M030. (c) Test procedure: an edge radius of 0.5 inches. (b) The thorax contains enough un­ (1) Place the assembled thorax, lum­ (b) Accelerometers are mounted in the obstructed interior space behind the rib bar spine, and pelvic assemblies in the head on the horizontal transverse bulk­ cage to permit the midpoint of the upright position on a rigid horizontal head shown in the drawings subrefer­ sternum to be depressed 2 inches without surface and hold the pelvis so that it enced under assembly No. SA 150 MO10 'contact between the rib cage and other does not move. in Figure 1, so that their sensitive axes parts of the dummy or its instrumenta­ (2) Apply a forward force to the rear intersect at a point in the midsagittal tion, except for instruments specified in surface of the thorax parallel to and plane 0.5 inch above the horizontal paragraph (d) (7) of this section. symmetrical about the midsagittal plane bulkhead and 1.9 inches forward of the (c) When impacted by a test probe and perpendicular to the thoracic spine vertical mating surface of the skull with conforming to § 572.11(a) at 14 f.p.s. and 15 inches above the lowest point of the the skull cover, and so that their seismic at 22 f.p.s. in acocrdance with paragraph flexible portion of the lumbar spine. mass centers are in a plane parallel to (d) of this section, the thorax shall re­ (d) When subjected to a static force the upper surface of the bulkhead. One sist with forces measured by the test in accordance with paragraph (e) of this accelerometer is alined with its sensitive probe of not more than 1,400 pounds and section, the abdomen shall deflect not axis perpendicular to the horizontal 2,100 pounds, respectively, and shall de­ less than 1.3 inches at a uniform rate bulkhead in the midsagittal plane and flect by amounts not greater than 1.0 of 80 pounds ±5 pounds per inch of with its seismic mass center not more inch and 1.6 inches, respectively. The in­ deflection. than 0.3 inch from the axial intersec­ ternal hysteresis in each impact shall (e) Test procedure: tion point. Another accelerometer is not be less than 50 percent. (1) Place the assembled thorax, lum­ alined with its sensitive axis parallel to (d) Test procedure: bar spine, and pelvic assemblies in a the horizontal bulkhead and perpendic­ (1) Seat the dummy in the upright supine position on a rigid horizontal sur­ ular to the midsagittal plane, and with position without back support and extend face. its seismic mass center not more than the arms and legs horizontally forward. (2) Place a rigid cylinder 6 inches in 1.3 inches from the axial intersection (2) Locate the point on the forward diameter and 18 inches long transversely point. A third accelerometer is alined surface of the thorax that lies in the across the abdomen, so that the cylinder with its sensitive axis parallel to the hori­ midsagittal plane 18 inches below the zontal bulkhead in the midsagittal plane, top of the head. is symmetrical about the midsagittal plane, with its longitudinal centerline and with its seismic mass center not more (3) Adjust the dummy so that the sur­ than 1.3 inches from the axial intersec­ face area immediately adjacent to the horizontal and perpendicular to the mid­ tion point. point specified in paragraph (d) (2) of sagittal plane at a point 9.2 inches above the bottom line of the buttocks, meas­ (c) Accelerometers are mounted in the this section is vertical. thorax by a bracket within the thoracic (4) Orient the test probe so that at ured with the dummy in the upright position. spine so that their sensitive axes inter­ impact its longitudinal centerline is hori­ sect at a point in the midsagittal plane zontal and in the midsagittal plane. (3) Apply a vertical downward force through the cylinder at a rate of 0.1 0.8 inch below the upper surface of the (5) Impact the thorax with the test plate to which the neck mounting bracket probe moving horizontally at the speci­ inch per second. (4) Guide the cylinder so that it is attached and 3.2 inches perpendicu­ fied velocity so that the center point of larly forward of the surface to which the probe face impacts the point specified moves without significant lateral or ro­ tational movement. the accelerometer bracket is attached. in step (2). One accelerometer has its sensitive axis (6) Guide the probe during impact so § 572.10 Limbs. Oriented parallel to the attachment sur­ that it moves with no significant lateral, (a) The limbs consist of the assem­ face in the midsagittal plane, with its vertical, or rotational movement. blies shown as numbers SA 150 MO70, seismic mass center not more than 1.3 (7) Measure the deflection of the SA 150 M071, SA 150 MO80, and SA 150 inches from the intersection of the sen­ thorax at the point specified in para­ M081, in Figure 1 and conform to the sitive axes specified above. Another ac­ graph (d) (2) of this section with a po­ drawings subtended by these numbers. celerometer has its sensitive axis oriented tentiometer mounted inside the thorax. (b) When each knee is impacted at parallel to the attachment surface and (8) Measure hysteresis by determin­ 6.9 ft./sec. in accordance with paragraph perpendicular to the midsagittal plane, ing the ratio of the area between the (c) of this section, the maximum force with its seismic mass center not more loading and unloading portions of the on the femur shall be not more than 2,500 than 1.3 inches from the intersection of force deflection curve to the area under pounds and not less than 1,900 pounds, the sensitive axes specified above. A third the loading portion of the curve. with a duration above 1,000 pounds of accelerometer has its sensitive axis ori­ ented perpendicular to the attachment § 572.9 Lumbar spine, abdomen, and not less than 1.7 milliseconds. pelvis. (c) Test procedure: sin-face in the midsagittal plane, with (1) Seat the dummy in the upright its seismic mass center not more than (a) The lumbar spine, abdomen, and position without back support. Place the 0.2 inch from the intersection of the pelvis consist of the assemblies desig­ feet and knees 4 inches apart, with the sensitive axes specified above. Accele­ nated as numbers SA 150 MO50 and SA femurs horizontal, the lower legs ver­ rometers are oriented with the dummy 150 MO60 in Figure 1 and conform to the tical, and the feet resting on a hori­ in the upright position. drawings subtended by numbers SA 150 zontal surface. (d) A force-sensing device is mounted MO50 and SA 150 MO60. (2) Aline the test probe specified in axially in each femur shaft so that the (b) When subjected to a static force § 572.11(a) so that at impact its longi­ transverse centerline of the sensing ele­ m accordance with paragraph (c) of this tudinal centerline coincides with the ment is 4.25 inches from the knee’s cen­ section, the lumbar spine assembly shall longitudinal centerline of a femur. ter of rotation.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2 ,. 1973 8458 PROPOSED RULES

(e) The output of acceleration and ftewO § 15—16.701—50 Additional General Pro­ force sensing devices installed in the visions to U.S. Standard Form 253. dummy is recorded in individual data 14. Method op Payment channels that conform to the require­ (a) Estimates shall be made monthly of ments of SAE Recommended Practice the amount and value of the work and serv­ J211, October 1970, with channel classes ices performed by the Architect-Engineer as follows: under this contract, such estimates to be (1) Head acceleration—-1000Hz. prepared by the Architect-Engineer and ac­ (2) Thorax acceleration—180Hz. companied by such supporting data as may (3) Femur force—600Hz. be required by the Contracting Officer. (b) Upon approval of such estimate by (f) The mountings for sensing devices the Contracting Officer payment upon prop­ have no resonance frequency within a erly certified vouchers shall be made to the range of three times the frequency range Contractor as soon as practicable of 90 per­ of the applicable channel class. cent of the amount as determined above, less (g) Limb joints are set at Ig, barely all previous payments: Provided, hoviever, That if the Contracting Officer determines restraining the weight of the limb when that the work is substantially complete and it is extended horizontally. The force that the amount of retained percentages is required to move a limb segment does in excess of the amount considered by him not exceed 2g throughout the range of to be adequate for the protection of the limb motion. Government, he may at his discretion release (h) Performance tests are conducted to the Architect-Engineer such excess amount. at any temperature from 66° F. to 78° F. (c) Upon satisfactory completion by the and at any relative humidity from 30 Architect-Engineer of the work called for percent to 70 percent. under the terms of this contract, and upon acceptance of such work by the Contracting FIGURE 1 Officer, the Architect-Engineer will be paid the unpaid balance of any money due for HEAD NECK SET-UP FOR PENDULUM IMPACT TESTS such work, including the retained per­ centages relating to this portion of the work. 2. S8.1.8 of Standard No. 208, is (d) Upon satisfactory completion of the amended as follows: construction work and its final acceptance, S8.1.8 Anthropomorphic test devices the Architect-Engineer shall be paid the conform to the requirements of Part unpaid balance of any money due hereunder. Prior to such final payment under the con­ 572 of this title. tract, or prior settlement upon termination [PR Doc.73-6264 Filed 3-28-73;2:20 pm[ of the contract, and as a condition precedent thereto, the Architect-Engineer shall execute and deliver to the Contracting Officer a re­ ENVIRONMENTAL PROTECTION lease of all claims against the Government AGENCY arising under or by virtue of this contract, other than such claims, if any, as may be [ 41 CFR Part 15-16 ] specifically excepted by the Architect-En­ PROCUREMENT FORMS gineer from the operation of the release in stated amounts to be set forth therein. Forms for Negotiated Architect-Engineer Figure ? Contracts 15. I nterest Notice is hereby given that the En­ Notwithstanding any other provision of this contract, unless paid within 30 days all vironmental Protection Agency proposes amounts tljat become payable by the Archi­ a new amendment to 41 CFR, Chapter 15, tect-Engineer to the Government under this by adding a new § 15-16.701-50, Addi­ contract (net of any applicable tax credit tional General Provisions to U.S. Stand­ under the Internal Revenue Code) shall bear ard Form 253, General Provisions for interest at the rate of 6 percent per annum Architect-Engineer Contracts, Part 15- from the date due until paid. Amounts shall 16, Procurement Forms, Subpart 15-16.7, be due upon the earliest one of (i) the date Forms for Negotiated Architect-Engineer fixed pursuant to this contract, (ii) the date of the first demand for payment, consistent Contracts, to read as set forth below. with the contract including demand conse­ Interested parties may submit written quent upon default termination, (iii) the comments or objections as they may de­ date of a supplemental agreement fixing the sire. Communications should be sub­ amount, or (iv) if this contract provides for revision of prices, the date or written notice mitted in triplicate to the Environmental to the Architect-Engineer rating the amount Protection Agency, Contracts Manage­ of refund payable in connection with a pric­ ment Division, Washington, D.C. 20460. ing proposal or in connection with a negoti­ All communications received on or before ated pricing agreement not confirmed by June 1, 1973, will be considered prior contract supplement. to adoption of this regulation. A copy 16. Gratuities of each communication will be placed on (a) The Government may by written no­ tice to the Architect-Engineer, terminate the file for public inspection in the Con­ right of the Architect-Engineer to proceed tracts Management Division, Room 415, under this contract if it is found, after notice Waterside Mall, Washington, D.C. 20460. and hearing, by the Administrator or his duly authorized representative, that gratuities (in Dated: March 27,1973. the form of entertainment, gifts, or other­ wise) were offered or given by the Architect- R obert W. F ri, Engineer, or any agent or representative of Acting Administrator. the Architect-Engineer, to any officer or em­ Subpart 15-16,7—Forms for Negotiated Architect ployee of the Government with a view toward Engineer Contracts securing a contract or securing favorable Sec. treatment with respect to the awarding or 15-16.701-50 Additional General Provisions amending, or making of any determinations to TJ.S. Standard Form 253. with respect to the performing of such con­ Authority: 40 U.S.C. 486(c), sëe?*205(c), tract: Provided, That the existence of the HEAD POSITIONING FOR DROP TESTS 63 Stat. 377, as amended. facts upon which the Administrator or his FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 PROPOSED RULES 8459 duly authorized representative makes such maintain copies of the reports submitted un­ (b) The Architect-Engineer agrees to use findings shall be in issue and may be re­ til the expiration of one (1) year after final his best efforts to carry out this policy in viewed in any competent court. payment under the contract, during which the award of his subcontracts to the fullest (b) In the event this contract is termi­ time they shall be made available, upon extent consistent with the efficient perform­ nated as provided in paragraph (a) hereof, request, for examination by any authorized ance of this contract. As used in this con­ the Government shall be entitled (1) to pur­ representatives of the Contracting Officer or tract, the term “minority business enter­ sue the same remedies against the Architect- of the Secretary of Labor. prise” means a business, at least 50 percent Engineer as it could pursue in the event of a (d) Whenever the Contractor becomes con­ of which is owned by minority group mem­ breach of the contract by the Architect-En­ tractually bound to the listing provisions of bers or, in case of publicly owned businesses, gineer, and (2) as a penalty in addition to this clause, he shall advise the employment at least 51 percent of the stock of which is any other damages to which it may be en­ service system in each State wherein he has owned by minority group members. For the titled. by law, to exemplary damages in an establishments of the name and location of purposes of this definition, minority group amount (as determined by the Administrator each such establishment in the State. As long members are Negroes, Spanish-speaking or his duly authorized representative) which as the Contractor is contractually bound to American persons, American-Orientals, shall be not less than three nor more than these provisions and has so advised the State American Indians, American Eskimos, and 10 times the costs incurred by the Architect- employment service system, there is no need American Aleuts. Contractors may rely on Engineer in providing any such gratuities to to advise the State system of subsequent written representations by subcontractors any such officer or employee. contracts. The Contractor may advise the regarding their status as minority business (c) The rights and remedies of the Gov­ State systems when it is no longer bound by enterprises in lieu of an independent ernment provided in this clause shall not be this contract clause. investigation. exclusive and are in addition to any rights (e) This clause does not apply (1) to the 21. Audit and remedies provided by law or under this listing of employment openings which occur contract. outside of the 50 States, the District of Co­ (a) For purposes of verifying that certified 17. Notice to the G overnment of lumbia, the Commonwealth of Puerto Rico, cost or pricing data submitted, in conjunc­ Guam, and the Virgin Islands, and (2) to tion with the negotiation of this contract D elays contracts with State and local governments. or any contract change or other modifica­ Whenever the Architect-Engineer has (f) This clause does not apply to openings tion involving an amount in excess of $100,- knowledge that any actual or potential which the Contractor proposes to fill from 000 was accurate, complete, and current, the situation is delaying or threatens to delay within his own organization or to fill pursu­ Contracting Officer, or his authorized repre­ ant to a customary and traditional employer- sentatives, shall, until the expiration of three the timely performance of this contract, union hiring arrangement. This exclusion (3) years from the date of final payment the Architect-Engineer shall within ten does not apply to a particular opening once under this contract or of the time periods (10) days give notice thereof, including an employer decides to consider applicants for the particular records specified in Part all relevant information with respect outside of his own organization or employer- 1-20 of the Federal Procurement Regulations thereto, to the Contracting Officer. union arrangement for that opening. (41 CFR Part 1-20), whichever expires ear­ (g) As used in this clause: lier, have the right to examine those books, 18. Composition of Contractor (1) “All employment openings” includes, records, documents, papers, and other sup­ If the Architect-Engineer hereunder but is not limited to, openings which occur porting data which involve transactions re­ is comprised of more than one (1) legal in the following job categories: Production lated to this contract or which will permit and nonproduction; plant and office; la­ adequate evaluation of the cost or pricing entity, each such entity shall be jointly data submitted, along with the computations and severally liable hereunder. borers and mechanics; supervisory and non- supervisory; technical; and executive, ad­ and projections used therein. 19. Listing of E mployment O penings ministrative, and professional ' openings (b) The Architect-Engineer agrees to in­ which are compensated on a salary basis of sert this clause, including this paragraph (This clause is applicable pursuant to less than $18,000 per year. This term in­ (b), in all subcontracts hereunder which 41 CFR Part,50-250 if this contract is for cludes full-time employment, temporary when entered into exceed $100,000, unless the $10,000 or more and will generate 400 or emyployment of more than 3 days’ duration, price is based on adequate price competition, and part-time employment. established catalog or market prices of com­ more man-days of employment). mercial items sold in substantial quantities (a) The Contractor agrees that all employ- (2) “Appropriate office of the State em­ to the general public, or prices set by law I ment openings of the Contractor which exist ployment service system”- means the local or regulation. When so inserted, changes at the time of the execution of this contract office of the Federal-State national system of shall be made to designate the higher tier [ and those which occur during the perform- public employment offices with assigned re­ subcontractor at the level involved as the | ance of this contract, including those not sponsibility for serving the area of the contracting and certifying party; to add “of generated by this contract and including establishment where the employment open­ the Government prime contract” after “Con­ those occurring at an establishment of the ing is to be filled, including the District of tracting Officer;” and to add, at the end of Contractor other than the one wherein the Columbia, the Commonwealth of Puerto (a) above, the words, “Provided, That, in the [ contract is being performed but excluding Rico, Guam, and the Virgin Islands. case of any contract change or modification, F those of independently operated corporate (3) “Openings which the Contractor pro­ such change or modification results from a ( affiliates, shall, to the maximum extent feasi­ poses to fill from within his own organization change or other modification to the Govern­ ble, be offered for listing at an appropriate or to fill pursuant to a customary and tradi­ ment prime contract.” In each such excepted | local office of the State employment service tional employer-union hiring arrangement,” subcontract hereunder which when entered j system wherein the opening occurs and to means employment openings for which no into exceeds $100,000, the Contractor shall [ provide such periodic reports to such local consideration will be given to persons outside insert the following clause: j office regarding employment openings and the Contractor’s organization (including any I hires as may be required, affiliates, subsidiaries, and parent companies) Audit-P rice Adjustments t W Listing of employment openings with or outside of a special hiring arrangement (a) This clause shall become operative I the employment service system pursuant to which is part of the customary and tradi­ only with respect to any change or other I this clause shall be made at least concur- tional employment, relationship which exists modification of this contract which involves Irently with the use of any other recruitment between the Contractor and representatives a price adjustment in excess of $100,000 un­ I source or effort and shall involve only the of his employees and includes any openings less the price adjustment is based on ade­ I normal obligations which attach to the plac- which the Contractor proposes to fill from quate price competition, established catalog [ing of a bona fide job order but does not regularly established “recall” or “rehire” lists or market prices of commercial items sold | reqi^e the hiring of any job applicant re- or from union hiring halls. in substantial quantities to the general Iierred by the employment service system. (4) “Man-day of employment” means any public or prices set by law or regulation: I (c) The periodic reports required by para- day during which an employee performs more Provided, That such change or other modi­ I graph (a) of this clause, shall be filed at than one (1) hour of work. fication to this contract results from a quarterly with the appropriate local (h) The Contractor agrees to place this change or other modification to the Govern­ I office or, where the Contractor has more than clause (excluding this paragraph (h)) in any ment prime contract. lone establishment in a State, with the cen- subcontract directly under this contract. 1 -, °®ce of that State employment service. (b) For purposes of verifying that certi­ reports shall indicate for each estab- 20. Utilization op Minority Business fied cost or pricing data submitted in con­ I number of individuals who were Enterprises junction with such a contract change or I S i duriilg the reporting period and the modification were accurate, complete, and jP mber of hires who were veterans who (a) It is the policy of the Governmentcurrent, the Contracting Officer of the Gov­ that minority business enterprises shall have ernment prime contract, or his authorized lm«t r Armed Forces on or after Au- the maximum practicable opportunity to representatives, shall, until the expiration I ° rT 6> 1964> and who received other than a participate in the performance of Govern­ ■ aisnonorable discharge. The Contractor shall of three (3) years from the date of final pay­ ment contracts. ment under this contract, or of the time

No. 62—Pt. FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8460 PROPOSED RULES periods for the particular records specified plete, and current as of the date of the exe­ may not result in profit margins on sales in Part 1-20 of the Federal Procurement cution, which date shall be as close as which exceed the firm’s profit margins for Regulations (41 CFR Part 1-20), whichever possible to the date of agreement on the the highest two of the last three fiscal years expires earlier, have the right to examine negotiated price of the subcontract or sub­ ending before August 15, 1971. Average pro­ those books, records, documents, papers, and contract change or modification. ductivity gains are estimated to be 3 percent other supporting data which involve trans­ (c) The Architect-Engineer shall insert or higher for the economy annually for 1972 actions related to this contract or which the substance of tihs clause including this and 1973. will permit adequate evaluation of the cost paragraph (c) in each of his cost-reimburse­ or pricing data submitted, along with the ment type, time and material, labor-hour, 25. P r ic e C ertification computations and projections used therein. price redeterminable, or incentive subcon­ (a) By submission of this bid (offer) bid­ (c) The subcontractor agrees to insert thistracts hereunder, and in any other subcon­ der (offeror) certifies (1) that he is in com­ clause, including this paragraph (c), in all tract hereunder which exceeds $100,000 un­ pliance and will continue to comply with the subcontracts hereunder which when entered less the price thereof is based on adequate requirements of Executive Order 11640, Jan­ into exceeds $100,000. price competition, established catalog or mar­ uary 26, 1972, or (2) that he is a small bus­ ket prices of commercial items sold in sub­ iness concern (as determined in accordance 22. Price Reduction for Defective Cost or stantial quantities to the general public, or with the regulations of the Cost of Living P ricing Data prices set by law or regulation. In each such Council in 6 CFR 101.51.37 FR 8939, May 3, (The provisions of this clause shall be excepted subcontract hereunder which ex­ 1972) and as such is exempt from wage and applicable only if the amount of this con­ ceeds $100,000, the Architect-Engineer shall price controls (except where health services tract exceeds $100,000.) insert the substance of the following clause: or construction are involved). (a) If the Contracting Officer determines (b) Prior to the payment of invoices under Subcontractor Cost and Pricing Data-Price this contract, the Contractor shall place on, that any price, including profit or fee, nego­ Adjustments tiated in connection with this contract or or attach to, each invoice submitted one of any cost reimbursable under this contract (a) Paragraphs (b) and (c) of this clause tre following certifications, as appropriate: was increased by any significant sums be­ shall become operative only with respect to I hereby certify that the amounts in­ cause the Architect-Engineer, or any sub­ any change or other modification made pur­ voiced herein do not exceed the lower of (1) contractor pursuant to the clause of this suant to one or more provisions of this con­ the contract price, or (2) maximum levels contract entitled “Subcontractor Cost or tract which involves a price adjustment in established in accordance with Executive Pricing Data” or “Subcontractor Cost of excess of $100,000. The requirements of this Order 11640, January 26, 1972. Pricing Data—Price Adjustments,” or any clause shall be limited to such price I.hereby certify that I am a small business subcontract clause therein required, fur­ adjustments. concern employing 60 or fewer employees nished incomplete or inaccurate cost or (b) The Architect-Engineer shall require (as determined in accordance with the regu­ pricing data or data not current as certi­ subcontractors hereunder to submit cost or lations of the Cost of Living Council in 6 fied in his Contractor’s Certificate of Current pricing data under the following circum­ CFR 101.51.37 FR 8939, May 3, 1972, and any Cost or Pricing Data, then such price of stances: subsequent amendments) and as such am cost shall be reduced accordingly and the (1) Prior to award of any cost-reimburse­ exempt from wage and price controls as pro­ contract shall be modified in writing to re­ ment type, time and material, labor-hour, vided by the Council’s regulation. flect such reduction. incentive, or price redeterminable subcon­ (c) The Contractor agrees to insert the (b) Failure to agree on a reduction shall tract, the price of which is expected to ex­ substance of this clause, including this para­ be a dispute concerning a question of fact ceed $100,000; and graph (c), in all, subcontracts for supplies within the meaning of the “Disputes” clause (2) Prior to award of any other subcon­ or services issued under this contract. of this contract. tract, the price of which is expected to ex­ 26. P r ic in g Ad j u s t m e n t s (N ote—Since the contract is subject to ceed $100,000, or to the pricing of any sub­ reduction under this clause by “reason of contract change or other modification for When costs are a factor in any determina­ defective cost or pricing data submitted in which the price adjustment is expected to tion of a contract price adjustment pursu­ connection with certain subcontracts, it is exceed $100,000, where the price or price ad­ ant to the “Changes” clause or any other expected that the Architect-Engineer may justment is not based on adequate price com­ provision of this contract, such costs shall wish to include a clause in each such sub­ petition, established catalog or market prices be in accordance with the contract cost contract requiring the subcontractor to of commercial items sold in substantial principles and procedures in Part 1-15 of the appropriately indemnify the Architect- quantities to the general public, or prices set Federal Procurement Regulations (41 CFR Engineer. It is also expected that any sub­ by law or regulation. 1-15) or Section XV of the Armed Services contractor subject to such indemnification (c) The Architect-Engineer shall require Procurement Regulation in effect on the date will generally require substantially similar subcontractors to certify, in substantially the of this contract. indemnification for defective cost or pricing same form as that used in the Certificate by 27. P a y m e n t of I n t e r e s t on C ontractors' data required to be submitted by his lower the Prime Contractor to the Government, C l a im s tier subcontractors.) that;, to the best of their knowledge and be­ lief, the cost and pricing data submitted (a) If an appeal is filed by the Contractor 23. Subcontractor Cost and P ricing Data under (b) above are accurate, complete, and from a final decision of the Contracting Offi­ (The provisions of this clause shall be ap­ current, as of the date of the execution, cer under the disputes clause of this con­ plicable only if the amount of this contract which date shall be as close as possible to tract, denying a claim arising under the exceeds $100,000.) the date of agreement on the negotiated price contract, simple interest on the amount of (a) The Architect-Engineer shall require of the contract modification. the claim finally determined owed by the subcontractors hereunder to submit in writ­ (d) The Architect-Engineer shall Insert Government shall be payable to the Con­ ing cost or pricing data under the follow­ the substance of this clause including this tractor. Such interest shall be at the rate ing circumstances. paragraph (d) in each subcontract here­ determined by the Secretary of the Treasury (1) Prior to award of any cost-reimburse­ under which exceeds $100,000. pursuant to Public Law 92-41, 85 Stat. 97, ment type, time and material, labor-hour, from the date the Contractor furnishes to incentive, or price redeterminable subcon­ 24. Notice of Maximum Permissible the Contracting Officer his written appeal tract, change or other modification, the price Escalation in Wage aniv Price Standards under the disputes clause of this contract, to of which is expected to exceed $100,000; and Offerors are advised of standards estab­ the date of (1) a final judgment by a court (2) Prior to the award of any other sub­ lished under Executive Orders 11615, 11627, of competent jurisdiction, or (2) mailing to contract, the price of which is expected to and 11640 setting maximum permissible per­ the Contractor of a supplemental agreement exceed $100,000 or to the pricing of any centage of escalation in wage rates and price for execution either confirming completed subcontract change or other modification increases. Such standards call for wage rate negotiations between the parties or carrying for which the price adjustment is expected increases of no more than 5.5 percent per out a decision of a board of contract appeals. to exceed $100,000, where the price or price annum unless specific exceptions have been (b) Notwithstanding (a), above, (1) i» adjustment is not based on adequate price granted by the Pay Board. The price stand­ terest shall be applied only from the date competition, established catalog or market ard established by the Price Commission has payment was due, if such date is later than prices of commercial items sold in sub­ the objective of holding economy-wide price the filing of appeal, and (2) interest shall stantial quantities to the general public, or increases to 2.5 percent per annum (three not be paid for any period of'hime that the prices set by law or regulation. percent (3%) per annum in the case of Contracting Officer determines the Contrac­ small business firms). To achieve this tar­ tor has unduly delayed in pursuing his rem­ (b) The Architect-Engineer shall require edies before a board of contract appeals or a subcontractors to certify, in substantially get, firms are allowed to increase prices to re­ court of competent jurisdiction. the same form as that used in the certifi­ flect allowable costs incurred since the last cate by the Prime Contractor to the Govern­ price increase or since January 1, 1971, 28. Alterations ment, that, to the best of their knowledge whichever was later, and such costs as firms and belief, the cost and pricing data sub­ are continuing to incur, adjusted to reflect The following alterations are made in mitted under (a) above are accurate, com­ productivity gains. These price increases Standard Form 253:

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 PROPOSED RULES 8461

Clause seven (7), Government Rights 1. Change the title of the form to read: INTERSTATE COMMERCE (Unlimited), is deleted and the following Representations and Certifications (Con­ COMMISSION clause is substituted in lieu thereof: struction and Architect-Engineer Contracts) Drawings and Other Data T o Become (for use with Standard Forms 19, 21, and [ 49 CFR Part 1300 ] Property op Government 252). [Ex Parte 294] All designs, drawings, specifications, notes, 2. Change the Reference block to SOUTHERN FREIGHT ASSOCIATION ET AL. and other work developed in tlie performance read: of this contract shall be and remain the sole Reference (Enter same No. (s) as on SF 19, Petition for Revocation of Tariff Circular property of the Government and may be 21, and 252). Rules used on any other work without additional compensation to the Architect-Engineer. 3. Change (c) of paragraph 1, Small Notice of proposed rulemaking and With respect thereto, the Architect-Engineer Business, to read: order. At a session of the Interstate agrees not to assert any rights and not to (c) Had average annual receipts for theCommerce Commission, Division 2, held establish any claim under the design patent preceding three (3) fiscal years not exceeding at its office in Washington, D.C., on the or copyright laws. The Architect-Engineer $7.5 million for construction contracts, $1 19th day of March 1973. for a period of three (3) years after comple­ million for Architect-Engineer contracts pri­ It appearing, that, by Special Permis­ tion of the project agrees to furnish and marily architectural, and $5 million for sion Application No. S-6680, filed jointly provide access to all retained materials on Architect-Engineer contracts primarily engi­ the request of the Contracting Officer. Un­ neering. on January 10, 1972, by the Southern less otherwise provided in this contract, the Freight Association, the Traffic Execu­ Architect-Engineer shall have the right to [FR Doc.73-6168 Filed 3-30-73;8:45 am] tive Association-Eastern Railroads, and retain copies of all such materials beyond the Western Trunk Line Committee, such period. FEDERAL COMMUNICATIONS agents, applicants seek special permis­ Clause eight (8), Examination of Rec­ COMMISSION sion to waive Rule 54 of Tariff Circular ords, is deleted and the following clause No. 20, which relief would have wide­ substituted in lieu thereof: [ 47 CFR Part 73 ] spread effect; Examination op Records by Comptroller [Docket No. 19677; RM-1949, RM-1911] It further appearing, that the Inter­ General FM BROADCAST STATIONS, RICHLANDS, state Commerce Commission’s Rule 54 of (a) This clause is applicable if the amount VA.; AND WELCH, W. VA. Tariff Circular No. 20 (49 CFR 1300.54); of this contract exceeds $2,500 and was en­ § 145.11(g) of Tariff Circular No. 24 (49 tered into by means of negotiation, includ­ Order Extending Time for Filing Reply CFR 1303.11(g) ) ; Rule 26 of Tariff Cir­ ing small business restricted advertising, but Comments cular No. 19-A (49 CFR 1304.26); Rule is not applicable if this contract was en­ In the matter of amendment of 5(a) of Tariff Circular MP No. 3 (49 CFR* tered into by means of formal advertising. 1306.5(a)); Rule 20(f) (second para­ (to) The Architect-Engineer agrees that the § 73.2020b), table of assignments, FM Comptroller General of the United States broadcast stations. (Richlands, Va., and graph) of Tariff Circular MF No. 3 (49 or any of his duly authorized representatives Welch, W. Va.) CFR 1307.44(f) (2)) ; Rule 5(a) of Tariff shall, until the expiration of three (3) years 1. The notice of proposed rulemaking Circular No. 22 (49 CFR 1308.5(a)); and after final payment under this contract or in the above-entitled proceeding was Rule 5(a) of Tariff Circular No. 21 (49 such lesser time specified in either Appendix adopted on January 31, 1973, and pub­ CFR 1308.105(a)) provide that after a M of the Armed Services Procurement Reg­ lished in the F ederal R egister on Febru­ notice of change in rates, fares, charges, ulations or the Federal Procuement Regula­ ary 9, 1973 (38 FR 3998). The date for rules, or provisions has been published tions Part 1-20, as appropriate, have access filing comments has expired and the date [to and the right to examine any directly per- for filing reply comments is presently and filed, the new rates, fares, charges, Itinent books, documents, papers, and rec- March 26, 1973. rides, or provisions must be allowed to lords of the Architect-Engineer involving 2. On March 21, 1973, Clinch Valley become effective and remain in effect for I transactions related to this contract. Broadcasting Corp. (Clinch Valley), by a period of at least 30 days before being I (c) The Architect-Engineer further agrees its counsel, filed a petition for extension changed, withdrawn, canceled, extended, to include in all his subcontracts hereunder of time in which to submit reply com­ or superseded; I a provision to the effect that the subcon­ ments to and including April 9, 1973. It further appearing, that requests for tractor agrees that the Comptroller General Counsel states that during the period of lof the United States or any of his duly au­ March 24 through March 28,1973, he will special permission authority to depart thorized representatives shall, until the ex­ be heavily committed in connection with from the above regulations so as not to piration of three (3) years after final pay- the National Association of Broadcasters’ be required to allow a change to go into pnent under the subcontract or such lesser Convention and the necessary exchange effect and/or remain in effect for 30 Itime specified in either Appendix M of the of correspondence, the review and anal­ days before the publication of another ■Armed Services Procurement Regulation or ysis of the comments of the proponent change upon lawful notice have been Ithe Federal Procurement Regulations Part in this proceeding, and the preparation granted by the Commission without ap­ 1-20, as appropriate, have access to and the of an adequate reply cannot be accom­ parent objection or interest by opposing Right to examine any directly pertinent plished within the present schedule. Rooks, documents, papers, and records of such Counsel for the proponent has been ad­ parties; pubcontractor, involving transactions, related vised of this requested extension and he It further appearing, that no real pur­ r° the subcontract. The term “subcontract” has consented to its prompt considera­ pose would be served by continuing the r s used in this clause excludes (1) purchase regulations and requiring the filing of Rrders not exceeding $2,500 and (2) sub­ tion and grant. contracts or purchase orders for public util?- 3. It appears that the additional time special permission applications for the ■ty services at rates established for uniform is warranted and would serve the public relief therefrom by parties desiring to ¡applicability to the general public. interest. Accordingly, it is ordered, That publish changes, withdrawals, cancella­ I (d) The periods of access and examina­ the time for filing reply comments in tions, or extensions of the new rates, tion described in (b) and (c) above, for Docket No. 19677 is extended to and in­ fares, charges, rules or provisions upon Records which relate to (1) appeals under the cluding April 9, 1973. full statutory notice of 30 days or other I disputes” clause of this contract, (2) litiga- lawful notice to the public and to the R on or the settlement of claims arising out of 4. This action is taken pursuant to au­ ■ne performance of this contract, or (3) costs thority found in sections 4(1), 5(d)(1), Commission; | , expenses of this contract as to which and 303 (r) of the Communications Act And it further appearing, that this Cxcepfion has been taken by the Comptroller of 1934, as amended, and § 0.281(d) (8) proceeding is not anticipated to have nerai, or any of his duly authorized repre- of the Commission’s rules. any adverse effects upon the quality of pe tatives, shall continue until such appeals, the human environment; and good cause Adopted: March 26,1973. PisposedIrii*;; °.ns’ of. claims> or exceptions have been appearing therefor: Released: March 27,1973. It is ordered, That a rulemaking pro­ following alterations are made in ceeding be, and it is hereby, instituted L ^ n<^rl Form 19-B, Representations [.seal] Wallace E. J ohnson, under the provisions of the Interstate It™* fortifications (Construction Con­ Chief, Broadcast Bureau. Commerce Act and the Administrative tract) October 1969 Edition: [FR Doc.73-6261 Filed 3-30-73;8:45 am] Procedure Act to determine whether the

FEDERAL REGISTER, VOL. 38, NO. 62;— MONDAY, APRIL 2, 1973 8462 PROPOSED RULES facts and circumstances require or war­ or any other subjects pertaining to this And it is further ordered, That statu­ rant the cancellation of the tariff pub­ proceeding. tory notice of the institution of this pro­ lishing regulations set forth in the first It is further ordered, That any per­ ceeding be given to the general public paragraph of this order. son intending to participate in this by mailing a copy of this order to the It is further ordered, That all car­ proceeding by submitting initial state­ Governor of every State and to the Pub­ riers and other persons subject to our ments or reply statements shall notify lic Utilities Commissions or Boards of jurisdiction under the Interstate Com­ the Commission by filing with the Secre­ each State having jurisdiction over tary, Interstate Commercé Commission, transportation, by depositing a copy of merce Act be, and they are hereby, made Washington, D.C. 20423, on or before this order in the Office of the Secretary, respondents in this proceeding. May 8, 1973, the original and one copy Interstate Commerce Commission, It is further ordered, That no oral of a statement of his intention to par­ Washington, D.C. 20423, for public in­ hearing be scheduled for receiving of ticipate; that the Commission shall then spection, and by delivering a copy there­ testimony in this proceeding unless a prepare and make available to all such of to the Director, Office of the Federal need should later appear, but that ap­ persons a list containing the names and Register, for publication in the F ederal R egister as notice to all interested plicants in Special Permission Applica­ addresses of all parties to . this proceed­ persons. tion No. S-6680 or any other interested ing, upon whom copies of all statements persons may participate in this proceed­ must be filed; and that at the time of By tbe Commission, Division 2. ing by submitting for consideration writ­ service of this service list the Commis­ [seal] R obert L. Oswald, ten statements of fact, views, and argu­ sion will fix a time within which initial Secretary. ments on the subject mentioned above, statements and replies must be filed. [FR Doc.73-6286 Filed 3-30-73;8:45 am]

FEDERAL REGISTER, VOl* 38, NO. 62— MONDAY, APRIL 2, 1973 8463

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

DEPARTMENT OF STATE Time: 0730 to 1900 hours, April 11, Office of the Secretary of Defense OVERSEAS SCHOOLS ADVISORY COUNCIL 1973 and 0730 to 1130 hours, April 12, DEFENSE INTELLIGENCE AGENCY 1973. SCIENTIFIC ADVISORY COMMITTEE Notice of Meeting Proposed Agenda: An Overview of the The Executive Committee of the Over­ Field Artillery (FA) Target Acquisition Notice of Closed Meetings seas Schools Advisory Council, Depart­ System. Pursuant to the provisions of section ment of State, will meet Tuesday, This meeting is closed to the public 10 of Public Law 92-463, effective Janu­ April 10, 1973, 9:30 a.m. in the Twelfth since the entire proceedings of the U.S. ary 5, 1973, notice is hereby given that Floor Conference Room at the U.S. Mis­ Army Combat Developments Advisory closed Panel meetings of the DIA Scien­ sion to the United Nations, 799 United Group meeting are matters that the tific Advisory Committee will be held on: Nations Plaza, New York, N.Y. 10017. Commanding General, U.S. Army Com­ Wednesday, April 11, 1973. Topics scheduled for discussion are: bat Developments Command, has deter­ Monday, April 30—Tuesday, May 1, I. Status of 1972/1973 “Fair Share" mined fall within the exception recog­ 1973. Presentation to U.S. Corporations and nized in section 552(b)(1) of title 5 of These meetings commencing at 9 a.m. Foundations; and Administrative Ex­ the United States Code, and the public will be to discuss classified matters. penses of the Institute for Development interest requires these activities to be Maurice W. R oche, of Educational Activities, Dayton, Ohio. withheld from disclosure. Director, Correspondence and II. How Can Council Increase the For the Commander. , Directives Division, Office of Number of American Corporations and the Assistant Secretary of De­ Foundations Contributing to its Billy M. Vaughn, Program. Brigadier General, U.S. Army, fense (Comptroller). III. How Can Council Be of Better Chief of Staff. [FR Doc.73-6256 Filed 3-30-73;8:45 am] Service to the Overseas Schools. [FR Doc.73-6215 Filed 3-30-73;8:45 am] IV. Report on “Charter of the Overseas DEPARTMENT OF THE INTERIOR Schools Advisory Council” established in compliance with Federal Advisory Com­ Department of the Navy Office of the Secretary mittee Act, Public Law 92-463, 86 Stat. NAVAL RESEARCH ADVISORY [INT DES 73-17] 770, effective January 5,1973. COMMITTEE PROPOSED TRANSPARK ROAD, BIGHORN V. Suggestions Received from Partici­ CANYON NATIONAL RECREATION AREA, pants and Schools. Notice of Closed Meetings MONTANA-WYOMING VI. Next Presentation of the Council. Pursuant to the provisions of the Fed­ VH. Selection of Date for Full Coun­ eral Advisory Committee Act (Public Notice of Availability of Draft cil Meeting. Law No. 92-463 (1972)) notice is hereby Environmental Statement For purposes of fulfilling building se­ given that closed meetings of the Naval Pursuant to section 102(2) (C) of the curity requirements, anyone wishing to Research Advisory Committee will be' National Environmental Policy Act of held April 4-5, 1973 at the Pentagon, 1969, the Department of the Interior has attend the meeting should call Ms. Judy Washington, D.C. The Committee serves prepared a draft environmental state­ Knott, Office of Overseas Schools, De­ in an advisory capacity to the Secretary ment for a proposed Transpark Road, partment of State, Washington, D.C., of the Navy, the Chief of Naval Opera­ Bighorn Canyon National Recreation Area Code 703-557-9715, prior to April 10. tions, and the Chief of Naval Research. Area, Montana-Wyoming, and invites The purpose of the meetings is to discuss written comment on or before May 17, Dated: March 20, 1973. command, control, and communication 1973. Written comment should be ad­ Ernest N. Mannino, and to review other items. dressed to the Director, Midwest Region Executive Secretary, Overseas The following sets forth the approved or to the Superintendent, Bighorn Schools Advisory Council. Canyon National Recreation Area at the agenda for the meetings: addresses given below. [FRDoc.73-6284 Filed 3-30-73:8:45 am] A p r il 4 The environmental statement consid­ 1. Navy’s Command and Control. ers the effects of a road traversing lands DEPARTMENT OF DEFENSE 2. Report of CIACT (CNO Industry Ad­ within Bighorn Canyon National Recrea­ Department of the Army visory Committee on Telecommunications). tion Area; portions of the proposed route 3. Implementation of the CIACT Report. would be built over private and Indian UNITED STATES ARMY COMBAT lands. The total length of the road would DEVELOPMENTS ADVISORY GROUP 4. Report of the Marine Power Systems Steering Group. be 50.3 miles including spurs. Notice of Meeting Copies of the draft statement are avail­ 5. The Role of Coastal Warfare in the able from or for inspection at: March 26, 1973. Navy. Ap r il 5 Midwest Regional Office, National Park Serv­ In accordance with section 10(a) (2) of ice, 1709 Jackson Street, Omaha, NE 68102. the Federal Advisory Committee Act 6. Executive session. Bighorn Canyon National Recreation Area, (Public Law 92-463) announcement is Dated: March 23, 1973. P.O. Box 458 Y.R.S., Hardin, MT 59035. made of the following Committee Dated: March 29, 1973. meeting: H. B. R obertson, Jr., Rear Admiral, JAGC, U.S. Navy, W. W. Lyons, Name of Committee: U.S. Army Com­ Acting Judge Advocate Gen­ Deputy Assistant Secretary bat Developments Advisory Group. eral. of the Interior. Date of Meeting: April 11 and 12,1973. [FR Doc.73-6221 Filed 3-30-73;8:45 am] [FR Doc.73-6340 Filed 3-30-73;8:45 am]

FEDERAL REGISTER, V O L 38, NO. 62—-MONDAY, APRIL 2, 1973 8464 NOTICES guest worker or research associate to work DEPARTMENT OF COMMERCE with the objective of developing the first version of a uniform merchandise iden­ onsite at the National Bureau of Standards, Maritime Administration or undertaking special studies and assess­ tification code by the end of 1973. The ments relevant to the project. SS “UNITED STATES" grocery industry has established an Ad 7. Designation of a point of contact for co­ Hoc Committee on Universal Product ordinating participation in the effort. Revised Notice of Purchase and Solicitation Coding (UPC) to carry out the develop­ of Proposals for Use ment of a Universal Product Code for Responses to this notice should be sub­ In FR Doc. 73-3581 appearing in the the industry; adoption of the technical mitted on or before May 3, 1973. Re­ F ederal R egister issue of February 26, specifications for such a code is planned sponses should be submitted to the Di­ 1973 (38 FR 5197) notice was given that for the spring of 1973. Additionally, the rector, Institute for Computer Sciences the Maritime Administration is solicit­ Food and Drug Administration has de­ and Technology, National Bureau of ing proposals from qualified operators veloped a National Drug Code (NDC) for Standards, Washington, D.C. 20234 interested in the purchase or charter of use with prescription drugs, over-the- (telephone 301-921-3151) . the SS United States for operation under counter drugs and other health-related Dated: March 27, 1973. the American flag. items and controlled substances. Said notice required that proposals be Because of the complex interrelation­ Lawrence M. K ushner, submitted by March 30, 1973, addressed ships between merchandise, grocery Acting Director. to the Secretary, Maritime Administra­ products and drug-related products in [FR Doc.73-6323 Filed 3-30-73;8:45 am] tion, Washington, D.C. 29235, with suffi­ the selling environment, there is a need cient details for the Maritime Adminis­ to analyze the identification codes being DEPARTMENT OF HEALTH, tration to determine the intended use proposed in order to identify and deter­ and the economic feasibility of the pur­ mine the best overall approach to re­ EDUCATION, AND WELFARE chase, as well as the ability (financial solving any code compatability problems Food and Drug Administration and operational) of the proposed opera­ that might exist. Without such compati­ [Docket No. FDC-D-620; NDA 16-976] tor to undertake the project. bility, wherever needed, the significant Upon request received for additional productivity gains and the resultant cost ARMOUR PHARMACEUTICAL CO. time in which to develop a serious pro­ benefits available through the use of new Alpha Chymar Solution; Notice of With­ posal for activation of the SS United computer and automatic reading tech­ drawal of Approval of New-Drug Appli­ States the time for submitting proposals nologies could be diminished. Certain cation heretofore made is hereby extended to products will have to be handled man­ Armour Pharmaceutical Co., P.O. Box and including April 13, 1973. ually or marked with two different codes, necessitating added equipment 511, Kankakee, IL 60901, holder of new- Dated: March 29, 1973. costs and higher costs to the consumer. drug application No. 16-976 for Alpha By order of the Assistant Secretary of The National Bureau of Standards’ ob­ Chymar Solution (Sterile Chymotrypsin Commerce for Maritime Affairs. jectives are to (1) provide a mechanism Solution), has discontinued marketing to facilitate the coordinated develop­ of the product and has requested with­ J ames S. Dawson, Jr., drawal of approval of the new-drug ap­ Secretary. ment and adoption of merchandise, product and drug codes by the plication, thereby waiving opportunity [FR Doc.73-6308 Filed 3-30-73;8:45 am] retail and grocery industries; (2) in­ for hearing. Alph Chymar Solution sure that all interested parties are given (Sterile Chymotrypsin Solution) con­ National Bureau of Standards a fair opportunity t6 express their views tains 150 N.F. Units, Crystallized Alpha AUTOMATED MERCHANDISE AND and be represented; (3) assist in stimu­ Chymotrypsin, in each milliliter. PRODUCT IDENTIFICATION CODES lating competitiveness and focusing re­ This application was approved Febru­ ary 23, 1972. The labeling recommends Notice of Solicitation of Proposals and search and development to enhance pro­ ductivity in the retail and grocery areas the drug, a proteolytic enzyme, for use Comments Regarding Adoption by Retail in zonulysis for surgical intracapsular and Grocery Industries of the services sector of the economy; and (4) fostering the effective introduc­ lens extraction from the eye. Distribu­ The National Bureau of Standards, tion and application of computer tech­ tion was started on April 1, 1972. under Department of Commerce author­ nology for public benefit. Armour Pharmaceutical Co., advised ities and responsibilities for fostering Interested parties are invited to pro­ the Food and Drug Administration on strength and competitiveness in U.S. vide to the National Bureau of Stand­ April 28, 1972, that it had discontinued trade and commerce, solicits the pro­ ards the following types of comments distribution of Alpha Chymar Solution posals, comments and participation of and information. (The items listed are and the firm subsequently voluntarily all interested parties concerned with the illustrative only and are not intended to. recalled the product to the user level on development of uniform merchandise limit responses in any way.) May 2,1972. and product codes for use in the retail The action taken was based on re­ merchandise and grocery industries, re­ 1. Comments on the requirements for and desirability of uniform, compatible identi­ ports from physicians of unexpected ad­ spectively. The merchandise and prod­ fication codes for merchandise, and grocery verse effects following use of the first uct identification codes are prerequisites and drug products. marketed lot of the drug. Specifically, a for the generalized introduction of com­ 2. Information describing specific require­ greater severity of corneal clouding and puter and automatic reading technolo­ ments for automated methods for marking edema and. striate keratitis occurred gies to increase productivity and improve and identifying merchandise, and grocery than had been observed during the clini­ the quality of service to the consumer and drug products. cal trials of the drug, in the retail merchandise and grocery 3. Assessments and statistical data rele­ vant to the anticipated impact of proposed ' The applicant has performed addi­ industries. The overall objective is the identification codes on such factors as pro­ tional animal studies to compare the first adoption of uniform identification codes ductivity, competitiveness and marketing marketed lot of the drug with the lot and compatible automatic marking and economics. used in the clinical evaluation. No signifi­ reading technologies which will permit 4. Assessments of the potential impact of cant differences were found between the the source-marking of merchandise and the proposed identification codes on the grocery products at the point of manu­ manufacturers and suppliers of electronic two lots. facture with subsequent automatic read­ point-of-sale terminals and automatic read­ In correspondence dated September 29, ing of labels through the point of sale ing equipment. 1972, the applicant reported their con­ clusion: “After a careful evaluation of to the consumer. 5. Technical information on the automatic The retail merchandise and grocery in­ reading technologies available for implement­ manufacturing controls, quality evalua­ ing the proposed identification codes and tion, special animal toxicity studies, dustries have initiated separate efforts schemes. to develop and adopt voluntary uniform 6. Technical information on the automatic clinical investigation, and reports of ad­ merchandise and product identification tion in the effort will take, e.g., providing verse reactions iu patients using the coin- codes, respectively. The retail industry information and data, representation on mercial lot, it is concluded that the c riti­ effort is being directed by the National technical committees and working groups cal factor may have been an unexpected Retail Merchants Association (NRMA) that might be established, sponsoring a

FEDERAL REGISTER, V O L 38, NO. 62— MONDAY, APRIL 2, 1973 NOTICES 8465 sensitivity of some patients to the pH CANCER CAUSE AND PREVENTION Perinatal Biology and Infant Mortality of the vehicle.” ADVISORY COMMITTEE Research and Training Committee, April Accordingly, the Commissioner of Food Notice of Meeting 30, 1973, at 9 a.m., National Institutes of and Drugs, pursuant to the provisions of Health, Building 31, Conference Room 4. the Federal Food, Drug, and Cosmetic Pursuant to Public Law 92-463, no­ This meeting will be open to the public Act (sec. 505(e), 52 Stat. 1053, as tice is hereby given of the meeting of the from 9 a.m., April 30, 1973, to discuss amended; 21 U.S.C. 355(e) and under Cancer Cause and Prevention Advisory needs in perinatology training and closed the authority delegated to him (21 CFR Committee, April 26-27, 1973, at 9 a.m., to the public from 11 a.m., April 30, 1973, 2.120) ), finds that new evidence of clini­ Building 31, Conference Room 6, Na­ in accordance with the provisions set cal experience not contained in the new tional Institutes of Health, Bethesda, forth in section 552(b) 4 of title 5 United drug application shows that the drug is Md. 20014. This meeting will be open to States Code and section 10(d) of Public not shown to be safe for use under the the public from 9 a.m. to 5 p.m. on both Law 92—463. Attendance by the public conditions of use upon the basis of which days to discuss carcinogenesis and pre­ will be limited to space available. vention. Attendance by the public will be the application was approved. Ms. Patricia Gabbett, Information Therefore, pursuant to the foregoing limited to space available. Officer, NICHD, Landow Building, Room finding, approval of new drug applica­ Mr. Frank Karel, Associate Director for Public Affairs, NCI, Building 31, A-804B, National Institutes of Health, tion No. 16-976 and all amendments and 496-5133, will furnish summaries of the supplements thereto applying to Alpha Room 10A31, National Institutes of Health, Bethesda, Md. 20014 (301-496- meeting and rosters of the committee Chymar Solution (sterile chymotrypsin members. Substantive information may solution) is withdrawn effective on 1911), will furnish summaries of the April 2, 1973. open meeting and roster of committee also be obtained from Mr. Jehu Hunter, members. Executive Secretary of the Committee, Dated: March 26,1973. Room 2A-20, Building 31, National In­ Dr. Gio B. Gori, Executive Secretary, stitutes of Health, 496-1877. William F. R andolph, Building 31, Room 11A03, National In­ Acting Associate Commissioner stitutes of Health, Bethesda, Md., 20014 Dated: March 22,1973. (301-496-6616) will provide substantive for Compliance. J ohn F. Sherman, [FR Doc.73-6266 Filed 3-30-73;8:45 am] program information. Acting Director, NIH. Dated: March 22,1973. [FR Doc.73-6218 Filed 3-30-73;8:45 am] National Institutes of Health J ohn F. Sherman, BIOPHYSICS AND BIOPHYSICAL Acting Director, NIH. POPULATION RESEARCH AND TRAINING CHEMISTRY B STUDY SECTION [FR Doc.73-6219 Filed 3-30-73:8:45 am] COMMITTEE Amended Notice of Meeting Notice of Meeting Pursuant to Public Law 92-463 and COMMITTEE ON CANCER Pursuant to Public Law 92-463, notice previous Notice of Meeting dated IMMUNOTHERAPY is hereby given of the meeting of the March 13, 1973, notice is hereby given Notice of Meeting Population Research and Training Com­ that the meeting of the Biophysics and mittee, April 19-20, 1973, at 7 p.m., Na­ Biophysical Chemistry B Study Section, Pursuant to Public Law 92-463, notice tional Institutes of Health, Building 31, Division of Research Grants, will be held is hereby given of the meeting of the Conference Room 10. This meeting will April 26-28, 1973. The 26th has been Committee on Cancer Immunotherapy, be open to the public from 7 p.m., added. This meeting will begin at 7:30 National Cancer Institute, Tuesday, April 19, 1973, to discuss changes in em­ p.m., National Institutes of Health, April 24, 1973, at 8:45 a.m., National In­ phasis and workload of the Committee Building 31, Conference Room 2, stitutes of Health, Building 10, Confer­ and to partake of administrative reports Bethesda, Md., and will be open to the ence Room 4B14. This meeting will be by staff and research reports by Com­ public from 7:30 to 8:30 p.m., April 26, closed to the public to review contracts, in accordance with the provisions set mittee members. The meetings will be 1973, to discuss administrative details re­ forth in section 552(b) (4) of title 5 closed to the public from 9 a.m„ April 20, lating to committee business. All other United States Code, and section 10(d) 1973, in accordance with the provisions sessions will be closed to the public to of Public Law 92-463. set forth in section 552(b) 4 of title 5, review, discuss, and evaluate and/or United States Code, and 10(d) of Public Mr. Frank Karel, Associate Director for Law 92-463. Attendance by the public rank grant applications in accordance Public Affairs, NCI, Building 31, Room 10A31, National Institutes of Health, will be limited to space available. with the provisions set forth in section Ms. Patricia Gabbett, Information 552(b) 4 of title 5 United States Code Bethesda, Md. 20014 (30-496-1911), will furnish summaries of the closed Officer, NICHD, Landow Building, Room and 10(d) of Public Law 92-463. At­ meeting and roster of committee mem­ A-804B, National Institutes of Health, tendance by the public will be limited bers. 496-1533, will furnish summaries of the to space available. meeting and rosters of the committee Dorothy B. Windhorst, M.D., Execu­ members. Substantive information may Mr. Richard Turlington, Division of tive Secretary, Building 10, Room 4B-11, also be obtained from Dr. Bengt Lilje- Research Grants, Information Officer, National Institutes of Health, Bethesda,, root, Executive Secretary of the Com­ Room 433, NIH, Westwood Building, Md. 20014 (301—496—3639), will provide mittee, Room C-729A, Landow Building, Bethesda, Md. 20014, telephone 496-7441, substantive program information. National Institutes of Health, 496-6515. will furnish summaries of the meeting Dated: March 22,1973. and rosters of the committee members. Dated: March 23,1973. ‘ J ohn F. Sherman, J ohn F. Sherman, Substantive program information may Acting Director, NIH. be obtained from the Executive Secre­ Deputy Director, NIH. tary, Dr. John Wolff, Room 223, West- [FR Doc.73-6216 Filed 3-30-73; 8:45 am] [FR Doc.73-6217 Filed 3-30-73;8:45 am] wood Building, Bethesda, Md. 20014, telephone 496-7070. PERINATAL BIOLOGY AND INFANT MOR- Office of Education Dated; March 22,1973. . TALITY RESEARCH AND TRAINING NATIONAL ADVISORY COUNCIL ON COMMITTEE VOCATIONAL EDUCATION J ohn F. Sherman, Notice of Meeting Acting Director, NIH. Meeting and Agenda [FR Doc.73-6220 Filed 3-30-73;8:45 am] Pursuant to Public Law 92-463, notice Notice is hereby given, pursuant to is hereby given of the meeting of the Public Law 92-463 that the next meeting

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8466 NOTICES of the National Advisory Council on Vo­ DEPARTMENT OF HOUSING AND DEPARTMENT OF cational Education will be held on URBAN DEVELOPMENT TRANSPORTATION April 4, 1973, from 9 a.m. to 4:30 p.m. local time, at the Arlington Hotel, Hot [Docket No. D-73-227] Office of the Secretary Springs, Ark. The ^ National Advisory TRANSPORTATION OF* RADIOACTIVE Council on Vocational Education will ACTING DIRECTOR, PHILADELPHIA AREA MATERIALS hold a joint meeting with the State Ad­ OFFICE Memorandum of Understanding visory Councils on Vocational Education on April 5, 1973, from 9 a.m. to 5 p.m. Designation Cross R eference: For a related docu­ local time, and on April 6, 1973, from 9 The officer named below is hereby ment published jointly by the Atomic a.m. to 12 noon, at the Arlington Hotel, designated to serve as Acting Director of Energy Commission and the Department Hot Springs, Ark. of Transportation concerning the Trans­ the Philadelphia Area Office during the portation of Radioactive Materials, see The National Advisory Council on Vo­ vacancy in the position of Director, the Atomic Energy Commission (FR Doc. cational Education is established under Philadelphia Area Office. The Acting Di­ section 104 of the Vocational Education 73-6321), infra. Amendments of 1968 (20 U.S.C. 1244). rector has all the powers, functions, and The Council is directed to advise the duties delegated or assigned to the Area ATOMIC ENERGY COMMISSION Commissioner of Education concerning Office Director. TRANSPORTATION OF RADIOACTIVE the administration of, preparation of, 1. Joseph A. La Sala, Deputy Regional MATERIALS general regulations for, and operation of, Administrator, Philadelphia Regional vocational education programs supported Memorandum of Understanding with assistance under the act; review Office. The roles of the Department of Trans­ the administration and operation of vo­ (Designation February 23, 1971, 36 FR portation and the Atomic Energy Com­ cational education programs under the 3389.) mission in the regulation of the trans-* act, including the effectiveness of such Effective as of the 13th day of March, portation of radioactive materials were programs in meeting the purposes for described in a memorandum of under­ which they are established and oper­ 1973. standing, signed on March 22, 1973. The ated, make recommendations with re­ T heodore R. R obb, present memorandum supersedes a 1966 spect thereto, and make annual reports Regional Administrator, Region III. agreement between the Atomic Energy of its findings and recommendations to [FR Doc.73-6257 Filed 3-30-73;8:45 am] Commission and the Interstate Com­ the Secretary of HEW for transmittal to merce Commission. A text of the memo­ the Congress; and conduct independent randum is set forth below. evaluation of programs carried out under Federal Insurance Administration Dated at Germantown, Md., this 27th the act and publish and distribute the day of March 1973. results thereof. [Docket No. N-73-145] The meetings of the Council shall be NATIONAL INSURANCE DEVELOPMENT For the Atomic Energy Commission. open to the public. The proposed agenda PROGRAM P aul C. Bender, Secretary of the Commission. includes : Notice of Offer To Provide Reinsurance APRIL 4 Against Excess Aggregate Loss Resulting Memorandum op Understanding Between Report of the Chairman. From Riots or Civil Disorders; Correction the U8. Department of Transportation Welcome and orientation of new Council and the U.S. Atomic Energy Commission members. The notice of offer to- provide reinsur­ por Regulation op Safety in the T rans­ Report of the Executive Director. ance against excess aggregate loss re­ portation of R adioactive Materials U nder the J urisdiction op the Department of Discussion: Goals of the Council in 1973. sulting from riots or civil disorders, pub­ Reports of committees. Transportation and the Atomic E nergy lished on March 28, 1973, at 38 FR 8076 Commission APRIL 5 et seq., is corrected as follows: The Department of Transportation (DOT), Report from the National Council. (1) The reference in the first para­ under the Transportation of Explosives Act Report on Cost of Vocational Education by ( 18 U.S.C. 831-835), the Dangerous Cargo Act Dr. Eric Lindman. graph of Section I. Policies reinsured. (R.S. 4472, as amended, 46 U.S.C. 170), and Report of the Education Revenue Sharing (B), 38 FR 8077, is 'changed from “sec. title VI and 902(h) of the Federal Aviation Proposal by Dr. William Pierce, USOE. XVn.” to “sec. XVTII.”; and Act of 1958 (49 U.S.C. 1421-1430 and 1472 Address on the Role of State Advisory (h) ), is authorized to regulate the transpor­ Council in Industry-Education Cooperation (2) The date in the first paragraph of tation of explosives and other dangerous arti­ by Mr. Daniel Woods of Timex Corp. Sec. H. Premiums., 38 FR 8077, is cles, including radioactive materials. The Small group discussions. changed from “1972” to “1973”; and Atomic Energy Commission (AEC), under 42 Address by Congressman Lloyd Meeds (D. US.C. Ch. 23, is authorized to license and Washington). (3) Both dates in the seventh para­ regulate the receipt, possession, use, and APRIL 6 graph of Sec. II. Premiums., 38 FR 8077, transfer of “byproduct material,” “source are changed from "“1971” to “1972”; and material,” and “special nuclear material.” Iowa career education films. The AEC, through appropriate contractual Presentations by vocational student orga­ (4) The date in the first paragraph of provisions as implemented by AEC Manual nizations. Sec. TV. Claims., 38 FR 8078, is changed requirements and specific instruction, also Reports from discussion group chairmen. from “1971” to “1972”; and controls the receipt, possession, use, and Records shall be kept of all Council trasfer of radioactive material by those AEC (5) The term in Sec. XVII. Definitions. contractors who are exempt from AEC licens­ proceedings and shall be available for (1), 38 FR 8079, is changed from “ ‘ag­ ing requirements. public inspection at the office of the gregate losses’ ” to “ * Aggregate losses’ ”; For the purpose of developing, establishing, Council’s Executive Director, located in and implementing consistent and compre­ Suite 852,.425 13th Street NW„ Wash­ and hensive regulations and requirements for the ington, DC 20004. (6) The date in Sec. XVII. Defini­ safe transportation of radioactive materials, tions. (7), 38 FR 8Q79, is changed from and avoiding duplication of effort, DOT and Signed at Washington, D.C., on AEC agree, subject to their respective statu­ March 21, 1973. “1972” to “1973”. tory authorities, as follows : Calvin Dellefield, George K. Bernstein, I. Development op Standards Executive Director. Federal Insurance Administrator. A. DOT will develop safety standards gov­ [FR Doc. 73-6304 Piled 3-30-73;8:45 am] [FR Doc.73-6356 Filed 3-30-73:8:45 am] erning all radioactive material packagings

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 (NOTICES 8467 and their contents, and the classification, jurisdiction, to assure compliance with its competence in the development and en­ labeling, and marking of all radioactive ma­ requirements. forcement of regulations and require­ terial packages, except for those types of B. DOT and AEC will consult with each radioactive material and areas of technical other on the results of their Inspections, and ments. Each agency will make available competence specified in paragraph B. each will take enforcement action as it to the other, subject to security require­ B. AEC will develop safety standards, for deems appropriate within the limits of its ments and statutory provisions affecting packaging design and performance, for pack­ authority. the release of information, summaries ages of fissile materials and Type B and large V. Accidents and I ncidents of inspection records, investigations of quantities of radioactive material, in the fol­ A. DOT will require notification and re­ serious accidents, and other matters re­ lowing areas: porting of aocidents, incidents, or suspected lating to safety in the transportation of 1. Structural materials of fabrication; radioactive materials. 2. Closure devices; leakage involving radioactive material pack­ ages if such occurs or is discovered while VIII. Working Arrangement 3. Structural integrity; in transit. When such cases occur during 4. Criticality control; transit, DOT will be the lead agency1 in A. AEC and DOT will designate appropriate 5. Containment of radioactive material; investigation of the occurrence and in prep­ staff representatives and wiU establish joint 6. Shieldingcetention; aration of the report of the investigation. working arrangements from time to time for 7. Generation of internal pressure; B. AEC will require notification and re­ the purpose of administering this memo­ 8. Internal contamination; randum of understanding. 9. Protection against internal overheating; porting of accidents, incidents, and suspected leakage involving radioactive material pack­ 13». General and ages if such occurs or is discovered prior to 10. Quality control of packaging fabrica­ delivery of the radioactive material pack­ A. Nothing herein is intended to affect the tion and continued use. ages to a carrier for transport or after deliv­ statutory exemption of shipments of radio­ C. DOT will develop safety standards gov­ ery to a receiver. When such cases occur other active materials made by or under the direc­ erning mechanical conditions of carrier than during transit, AEC will be. the lead tion of supervision of the AEC or Department equipment and qualifications of carrier per­ agency in investigation of the occurrence of Defense in accordance with the provisions sonnel, carrier loading, unloading, handling, of 18 U.S.C. 832(c). and storage of radioactive material, and any and in preparation of the report of the in­ special transport controls to be provided dur­ vestigation. B. This agreement shall take effect upon ing carriage, including construction stand­ C. Notwithstanding paragraphs A and B, the signing by authorized representatives of this section V. does not affect the authority the respective agencies, and shall supersede ards for transport vehicles. of the National Transportation Safety Board. in its entirety the March 21, 1966, memor­ II. Regulations andum of understanding between the ICC VI. National Competent Authority and AEC. A. DOT will adopt regulations imposing, C. Nothing in this memorandum is in­ on shippers and carriers subject to its juris­ A. DOT will be the national competent authority with respect to the administrative tended to restrict the statutory authority of diction, those standards developed by AEC either agency. and DOT pursuant to section I of this memo­ requirements set forth in the Regulations randum, and will adopt a requirement for for the Safe Transport of Radioactive Ma­ For the- United States Department of AEC approval of packages for shipment of terials of the International Atomic Energy Transportation. fissile material, and Type B and large quanti­ Agency. In issuing certificates of national ties of radioactive material by all persons not competent authority for the United States [seal] Claude S. Brinegar, otherwise subject to the provisions of 10 CPR under those regulations, DOT will require, Secretary of Transportation. Part 71 or AEC Manual requirements, but for containers other than DOT specification March 22, 1973. subject to DOT jurisdiction. containers, an AEC certificate of approval B. AEC will adopt regulations and con­ or a showing that the shipment is within For the United States Atomic Energy tractual requirements imposing, on AEC li­ the scope of an exemption or general license Commission. censees and license-exempt contractors, those under 10 CPR Part 71 or AEC Manual [seal] Dixy Lee Ray, standards which it has developed pursuant chapter. Chairman, to section I, and procedures and criteria for B. DOT will act as the representative Atomic Energy Commission. approval of proposed package designs and transport controls peculiar to the package of the United States to the International March 22,1973. design, and will require that AEC licensees Atomic Energy Agency and other inter­ [FR Doc.73-6321 Filed 3-30-73;8:45 am] and license-exempt contractors comply with national groups on matters pertaining the applicable requirements of DOT regula­ to transportation of radioactive material. tions when transporting or shipping radioac­ AEC will provide technical support and ADVISORY COMMITTEE ON REACTOR tive material, when those persons are not advice to DOT in this area. . ' SAFEGUARDS otherwise subject to the provisions of DOT regulations. VH. E xchange op I nformation Notice of Meeting III. P ackage Review A. Prior to issuance of any regulations March 29, 1973. A. AEC will evaluate package designs for by either DOT or AEC involving trans­ The F ederal R egister notice, pub­ fissile material and Type B and large quan­ portation of radioactive materials, each lished at 38 FR 8188 (March 29, 1973), tities of radioactive material, and will, if agency will advise and consult with the announcing the April 7, 1973, meeting of satisfactory, issue approvals therefor (i.e., an other to avoid possible conflict in regula­ the Advisory Committee on Reactor AEC license, an AEC certificate of compli­ tions and to assure that: (1) The regu­ Safeguards’ combined Subcommittee on ance, or other AEC package approval) di­ lations are in the public interest; (2) the ATWS (Anticipated Transients with rectly to the person requesting the regulations are in accord with the best- evaluation. Failure to Scram)—Reliability Analysis, B. AEC will evaluate package designs for known, practicable means of providing is revised to delete from the agenda the specification containers and will make ap­ safety in transportation; (3) the effect of discussion of the Electrical Research propriate recommendations to the DOT for these regulations will not be inimical to Council program and add thereto, a dis­ its consideration. cussion of the Edison Electrical Institute C. With respect to those designs of pack­ the common defense and security of the data collection program. ages intended to be used few transporting ra­ United States, and (4) the regulations Because the meeting will consist of an dioactive material in the United States, will not constitute an unreasonable risk exchange of opinions to formulate rec­ which have been approved by foreign com­ to the health and safety of the public. ommendations to the ACRS regarding petent ntaional authorities but which re­ quire revalidation under DOT regulations, B. DOT and AEC will exchange infor­ the agenda items I have determined, in DOT will submit to AEC for approval those mation, consult with, and assist each accordance with subsection 10(d) of designs of packages (1) for Type B quanti­ other within the areas of their special Public Law 92-463 that the new item may ties where, in DOT’S opinion, evaluation by AEC is warranted, (2) for fissile material, be properly included in the closed meet­ and (3) for large quantities of radioactive l The lead agency has primary responsi­ ing, as discussion of the item, if written, materials. ■ bility for investigating the occurrence and would fall within exemption (5) of 5 preparing the report of the investigation. The IV. I nspection and Enforcement other agency may participate in the investi­ U.S.C. 552(b) and it is essential to pro­ A. Each agency will conduct an inspec­gation with the lead agency or conduct a tect the free interchange of internal tion and enforcement program within its separate investigation if it chooses to do so. views regarding the added item and avoid

No.w 62—Pt. I«——7 FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8468 NOTICES undue Interference with agency or Com­ advisability of a prehearing conference mental Resources, P.O. Box 2063, Harris­ mittee operation. in aid of a determination of the parties burg, PA 17105. Copies of the Commis­ J ohn V. Vinciguerra, qualified to participate in this proceed­ sion’s draft environmental statement Advisory Committee ing and the issues to be considered in may be obtained by request addressed Management Officer. the hearing. The Board notes that per­ to the U.S. Atomic Energy Commission, sons petitioning to participate in this Washington, D.C. 20545, Attention: [PR Doc.73-6342 Filed 3-30-73;8:45 am] proceeding are in large measure the same Deputy Director for Reactor Projects, persons seeking participation in the mat­ Directorate of Licensing. [Dockets Nos. 50-317, 50-318] ter of Duquesne Light Company, et al. The applicant’s environmental report, (Beaver Valley Station, Unit 1), Docket as supplemented, submitted by Duquesne BALTIMORE GAS AND ELECTRIC CO. No. 50-334. The Board also notes that Light Co. et al., is also available for pub­ Order Extending Completion Dates the Intervention Board for the Beaver lic inspection at the above designated Valley Station, Unit 1, has made certain locations. Notice of availability of the Baltimore Gas and Electric Co. is the determinations respecting the petitions applicant’s environmental report was holder of Provisional Construction Per­ to intervene, and that the Appeal Board published in the F ederal R egister on mits Nos. CPPR-63 and CPPR-64 issued has under consideration certain aspects December 13, 1972 (37 FR 26539). by the Commission on July 7, 1969, for of those determinations. Pursuant to 10 CFR Part 50, Appendix construction of the CalVert Cliffs Nu­ This Board concludes that since the D, interested persons may, on or before clear Power Plant, Units 1 and 2, two persons and contentions sought to be May 17, 1973, submit comments on the 2,440 megawatt (thermal) pressurized asserted are substantially the same in applicant’s environmental report, as sup­ water nhclear reactors presently under this proceeding and in the Beaver Valley plemented, and the draft environmental construction at the company’s site on Station, Unit 1, proceeding, it will be statement for the Commission’s con­ the western shore of the Chesapeake Bay conducive to the orderly and expedi­ sideration. Federal and State agencies in Calvert County, Md., about 10 miles tious conduct of this proceeding to await are being provided with copies of the southeast of Prince Frederick, Md. the determinations by the Appeal Board applicant’s environmental report and thè On February 15, 1973, the company respecting parties and issues in the draft environmental statement (local filed a request for an extension of the Beaver Valley Station, Unit 1, proceeding agencies may obtain these documents completion dates because construction before convening a prehearing confer­ upon request). When comments thereon has been delayed due to several mutually ence in this proceeding. A further order by FederaT, State, and local officials are dependent variables" which include (i) will be issued at a later time respecting received by the Commission, such com­ lower than predicted labor productivity, the date designated for the initial pre- ments will be made available for public (ii) more extensive effort than predicted hearing conference. inspection at the Commission’s Public to meet the quality assurance and qual­ Wherefore, it is ordered, in accord­ Document Room in Washington, D.C., ity control requirements, and (iii) addi­ ance with the Atomic Energy Act, as and the Beaver Area Memorial Library, tional work due to the evolution of more amended, and the rules of practice of the 100 College Avenue, Beaver, PA 15009. stringent safety recommendations de­ Commission, That the prehearing con­ Comments on the Draft Environmental veloped subsequent to the issuance of ference in this proceeding scheduled to Statement from interested members of the construction permits. The Director convene at 9 a.m. on Tuesday, April 3, the public should be addressed to the of Regulation having determined that 1973, in Courtroom No. 14, U.S. District U.S. Atomic Energy Commission, Wash­ this action involves no significant haz­ Court, U.S. Post Office and Courthouse, ington, D.C. 20545, Attention: Deputy ards considerations, and good cause hav­ Seventh and Grand Streets, Pittsburgh, Director for Reactor Projects, Direc­ ing been shown, the bases for which are Pa., is canceled and such prehearing torate of Licensing. set forth in a memorandum dated conference will not convene at that time. Dated at Bethesda, Md., this 27th day March 26, 1973, from R. C. DeYoung to Issued: March 29, 1973, Germantown, of March 1973. A. Giambusso: Md. For the Atomic Energy Commission. It is hereby ordered, That the latest Atomic Safety and Licens­ completion date for CPPR-63 (Unit 1) ing Board, W m. H. R egan, J r., is extended from April 1, 1973, to No­ Samuel W. J ensch, Chief, Environmental Projects vember 1, 1974, with the earliest com­ Chairman. Branch No. 4, Directorate of pletion date being November 1,1973. The ' Licensing. latest completion date for CPPR-64 [PR Doc.73-6341 Piled 3-30-73;8:45 am] (Unit 2) is extended from April 1, 1974, [FRDoc.6229 Filed 3-30-73;8:45 am] to November 1, 1975, with the earliest [Docket No. 50-412] completion, date being November 1, 1974. [Docket No. 50-395] DUQUESNE LIGHT CO. ET AL. For the Atomic Energy Commission. SOUTH CAROLINA ELECTRIC & GAS CO. Availability of AEC Draft Environmental Date of issuance: March 27,1973. Statement Assignment of Members of Atomic Safety and Licensing Appeal Board A. G iambusso, Pursuant to the National Environ­ Deputy Director for Reactor mental Policy Act of 1969 and the U.S. Notice is hereby given that, in accord­ Projects, Directorate of Licensing. Atomic Energy Commission’s regulations ance with the authority in 10 CFR 2.787 [PR Doc.73-6282 Piled 3-30-73;8:45 am] in Appendix D to 10 CFR Part 50, notice (a), the Chairman of thè Atomic Safety is hereby given that a draft environ­ and Licensing Appeal Panel has assigned mental statement prepared by the Com­ [Docket No. 50-412] the following panel members to serve as mission’s Directorate of Licensing related the Atomic Safety and Licensing Appeal DUQUESNE LIGHT CO. ET AL. to the proposed Beaver Valley Power Sta­ tion, Unit 2, to be constructed by Du­ Board for this proceeding: Order Canceling Prehearing Conference quesne Light Co. et al., in Beaver County, Alan S. Rosenthal, Chairman. In the matter of Duquesne Light Co., Pa., is available for inspection by the pub­ William C. Parler, Member. Ohio Edison Co., Pennsylvania Power lic in the Commission’s Public Document Dr. Lawrence R. Quarles, Member. Co., the Cleveland Electric Illuminating Room at 1717 H Street NW, Washington, Dated: March 27,1973. Co., the Toledo Edison Co. (Beaver Valley DC, and in the Beaver Area Memorial Margaret E. DuF lo, Power Station, Unit 2), Docket No. Library, 100 College Avenue, Beaver, PA Secretary to the 50-412. 15009. The draft statement is also being Appeal Board. The Atomic Safety and Licensing made available at the Office of Radio­ Board has given consideration to the logical Health, Department of Environ­ [FR Doc.73-6228 Filed 3-30-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 NOTICES 8469

COMMITTEE FOR THE IMPLEMEN­ Category 12-month levels of restraint CIVIL SERVICE COMMISSION 9/10______1,968,750 square yards. TATION OF TEXTILE AGREEMENTS 15/16______787,500 square yards. DEPARTMENT OF JUSTICE CERTAIN COTTON TEXTILES AND COTTON 18/19______1,968,750 square yards. 22/23____ _ 1,181,250 square yards. Revocation of Authority To Make a TEXTILE PRODUCTS PRODUCED OR Noncâreer Executive Assignment MANUFACTURED IN THAILAND 26/27______1,575,000 square yards (of which not more than Under authority of § 9.20 of Civil Serv­ Entry or Withdrawal From Warehouse for 1,050,000 square yards shall ice Rule IX (5 CFR 9.20), the Civil Serv- Consumption be In duck fabric *) 43______50,400 dozen. içe Commission revokes the authority of March 27k 1973. 45 ______21,000 dozen. the Department of Justice to fill by non­ On March 16, 1972, the U.S. Govern­ 46 ______18,900 dozen career executive assignment in the ex­ 47 ______16,590 dozen. ment, in furtherance of the objectives 48 ______9,450 dozen. cepted service the position of Associate of, and under the terms of, the Long- 49______14,700 dozen. Deputy Attorney General for Congres­ Term Arrangement Regarding Interna­ 50 ______26,250 dozen. sional Relations, Office of the Deputy tional Trade in Cotton Textiles done at 51 ______26,250 dozen. Geneva on February 9, 1962, concluded a 5 2 ______28, 350 dozen,, Attorney General. comprehensive bilateral cotton textile 5 3 ______8,085 dozen. United States Civil Serv­ agreement with the Government of Thai­ 5 4 ______14, 700 dozen. ice Commission. land concerning exports of cotton textiles 5 5 ______7,140 dozen. 6 0 ______39, 900 dozen. [seal] J ames C. Spry, and cotton textile products from Thai­ 6 2 ______79,891 pounds. Executive Assistant to land to the United States over a 5-year 6 3 ______79,891 pounds. the Commissioners. period beginning on April 1, 1972, and 6 4 ______. 85, 598 pounds. extending through- March 31, 1977. [FR Doc.73-6255 Filed 3-30-73;8:45 am] 1 The T.S.U.S.A. Nos. for duck fabric are: Among the provisions of the agreement 320—01 through 04, 06,08 are those establishing an aggregate limit 321. _01 through 04, 06, 08 DEPARTMENT OF AGRICULTURE for the 64 categories, and within the ag­ 322. _01 through 04, 06, 08 gregate limit specific limits on Categories 326— 01 through 04, 06, 08 Revocation of Authority To Make a 9/10, 15/16, 18/19, 22/23, 26/27, 43, 45, 327— 01 through 04, 06, 08 Noncareer Executive Assignment 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 60, 62, 328— 01 through 04, 06, 08 Under authority of § 9.20 of Civil Serv­ 63, and 64 for the agreement year begin­ In carrying out this "directive, entries of ice Rule IX (5 CFR 9.20), the Civil ning on April 1,1973. cotton textiles and cotton textile products Service Commission revokes the author­ Accordingly, there is published below a in the above categories, produced or manu­ letter of March 27,1973, from the Chair­ factured in Thailand, which have been ex­ ity of the Department of Agriculture to ported to the United States from Thailand fill by noncareer executive assignment in man of the Committee for the Implemen­ prior to April 1, 1973, shall, to the extent of tation of Textile Agreements to the Com­ any unfilled balances, be charged against the the excepted service the position of Con­ missioner of Customs, directing that the levels of restraint established for such goods fidential Assistant to the Secretary, Of­ amounts of cotton textiles and cotton for the 12-month period beginning April 1, fice of the Secretary. textile products in the above categories, 1972, and extending through March 31, 1973. produced or manufactured in Thailand, In the event that the levels of restraint for United States Civil Serv- * which may be entered or withdrawn that 12-month period have been exhausted ice Commission, from warehouse for consumption in the by previous entries, such goods shall be sub­ [seal] J ames C. Spry, United States for the 12-month period ject to the levels set forth in this letter. Executive Assistant to The levels of restraint set forth above are the Commissioners. beginning April 1, 1973, and extending subject to adjustment pursuant to the pro­ through March 31,1974, be limited to the visions of the bilateral agreement of March [FR Doc.73-6252 Filed 3-30-73;8:45 am] designated levels. The letter published 16, 1972, between the Governments of the below and the actions pursuant thereto United States and Thailand which provide, are not designed to implement all of the in part, that within the aggregate limit, the DEPARTMENT OF COMMERCE provisions of the bilateral agreement, but limits on certain categories may be exceeded Notice of Revocation of Authority To Make by not more than 5 percent; for the limited a Noncareer Executive Assignment are designed to assist only in the imple­ carryover of shortfalls in certain categories mentation of certain of its provisions. to the next agreement year; and for admin­ Under authority of § 9.20 of Civil Serv­ Seth M. Bodner, istrative arrangements. ice Rule IX (5 CFR 9.20), the Civil Serv­ Chairman, Committee for the A detailed description of the categories in ice Commision revokes the authority of Implementation of Textile terms of T.S.U.S.A. numbers was published in the F ederal Register on April 29, 1972 (37 the Department of Commerce to fill by Agreements, and Deputy As­ FR 8802), as amended February 14, 1973 (38 noncareer executive assignment in the sistant Secretary for Re­ FR 4436). sources and Trade Assistance. In carrying out the above directions, en­ excepted service the position of Direc­ Committee for the I mplementation of try into the United States for consumption tor, Office of Trade Adjustment Assist­ Textile Agreements shall be construed to include entry for con­ ance, Domestic and International Busi­ sumption into the Commonwealth of Puerto Commissioner of Customs, Rico. \ ness, Deputy Assistant Secretary for Department of the Treasury, The actions taken with respect to the Resources. Washington, D.C. 20229. Government of Thailand and with respect to United S tates Civil Serv­ March 27,1973. imports of cotton textiles and cotton textile ice Commission, Dear Mr. Commissioner: Under the terms products from Thailand have been deter­ of the Long-Term Arrangement Regarding mined by the Committee for the Implemen­ [seal] J ames. C. Spry, International Trade in Cotton Textiles done tation of Textile Agreements to involve for­ Executive Assistant to at Geneva on February 9, 1962, pursuant to eign affairs functions of the United States.. the Commisioners. the bilateral cotton textile agreement of Therefore, the directions to the Commis­ [FR Doc.73-6246 Filed 3-30-73;8:45 am] March 16, 1972, between the Governments of sioner of Customs, being necessary to the the United States and Thailand, and in ac­ implementation erf such actions, fall within cordance with Executive Order 11651 of DEPARTMENT OF COMMERCE March 3, 1972, you are directed to prohibit, the foreign affairs exception to the rulemak­ effective April 1, 1973 and for the 12-month ing provisions of 5 UJ5.C. 553. This letter will Revocation of Authority To Make a period extending through March 31, 1974, be published in the Federal Register. Noncareer Executive Assignment entry into the United States for consumption and withdrawal from warehouse for consump­ Seth M. Bodner, Under authority of § 9.20 o f. Civil tion of cotton textiles and cotton textile Chairman, Committee for the Imple­ Service Rule IX (5 CFR 9.20), the Civil oo?«Ucts in Categories 9/10, 15/16, 18/19, mentation of Textile Agreements, Service Commission revokes the author­ 22/23, 26/27, 43, 45, 46, 47, 48, 49, 50, 51, 52, and Deputy Assistant Secretary 3, 54, 55, 60, 62, 63, and 64, produced or for Resources and Trade Assist- ity of the Department of Commerce to manufactured in Thailand, in excess of the ançe. fill by noncareer executive assignment lollowing levels of restraint: [FR Doc.73-6366 Filed 3-30-73; 10:18 am] in the excepted service the position of

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8470 NOTICES Deputy Assistant Secretary for Eco­ DEPARTMENT OF HEALTH, EDUCATION, nity Programing, authorized to be filled nomic Affairs. AND WELFARE by noncareer executive assignment. This is notice that the title of this position is United States Civil Serv­ Revocation of Authority To Make a Noncareer Executive Assignment now being changed to Assistant Staff ice Commission. Director, Office of Field Operations. [seal] J ames C. Spry, Under authority of § 9.20 of Civil Serv­ Executive Assistant to ice Rule IX (5 CFR 9.20), the Civil Serv­ United States Civil Serv­ the Commissioners. ice Commission revokes the authority of ice Commission, [PR Doc.73-6250 Filed 3-30-73;8:45 am] the Department of Health, Education, [seal] J ames C. Spry, and Welfare to fill by noncareer executive Executive Assistant to assignment in the excepted service the the Commissioners. DEPARTMENT OF COMMERCE position of Deputy Commissioner for [FR Doc.73-6253 Filed 3-30-73;8:45 am] Revocation of Authority To Make a Development, Office of Education, Office Noncareer Executive Assignment of the Deputy Commissioner for Devel­ FEDERAL TRADE COMMISSION opment. Under authority of section 9.20 of Unijed States Civil Serv­ Revocation of Authority To Make a Civil Service Rule IX (5 CFR 9.20), the ice Commission, Noncareer Executive Assignment Civil Service Commission revokes the [seal] J ames C. Spry, Under authority of § 9.20 of Civil Serv­ authority of the Department of Com­ Executive Assistant to ice Rule IX (5 CFR 9.20), the Civil merce to fill by noncareer executive as­ the Commissioners. signment in the excepted service the Service Commission revokes the author­ [FR Doc.73-6244 Filed 3-30-73;8:45 am] ity of the Federal Trade Commission to position of Executive Assistant to the fill by noncareer executive assignment in Secretary, Immediate Office, Office of the excepted service the position of Di­ the Secretary. DEPARTMENT OF HEALTH, EDUCATION, rector, Bureâu of Consumer Protection. United States Civil Serv­ AND WELFARE United States Civil Serv­ ice Commission, Revocation of Authority To Make a ice Commission. [seal] J ames C. Spry, Noncareer Executive Assignment Executive Assistant to [seal] J ames C. Spry, the Commissioners. Under authority of § 9.20 of Civil Serv­ Executive Assistant to ice Rule IX (5 CFR 9.20), the Civil Serv­ the Commissioners. [FR Doc.73-6251 Filed 3-30-73; 8:45 am] ice Commission revokes the authority of [FR Doc.73-6247 Filed 3-30-73;8:45 am] the Department of Health, Education, DEPARTMENT OF HEALTH, EDUCATION, and Welfare to fill by noncareer execu­ FEDERAL COMMUNICATIONS AND WELFARE tive assignment in the excepted service the position of Deputy Administrator for COMMISSION Revocation of Authority To Make a Development, Office of the Administrator, CANADIAN-U.S.A. TELEVISION Noncareer Executive Assignment Health Services and Mental Health Ad­ AGREEMENT Under authority of § 9.20 of Civil Serv­ ministration, Public Health Service. Table of Allocations for VHF and UHF ice Rule IX (5 CFR 9.20), the Civil United States Civil Serv­ Television Service Commission revokes the author­ ice ommission C , M arch 21,1973. ity of the Department of Health, Edu­ [seal] J ames C. Spry, cation, and Welfare to fill by noncareer Executive Assistant to Table of Canadian television channel executive assignment in the excepted the Commissioners. allocations within 250 miles of the Can­ service the position of Commissioner of ada-U.S. A. border. Assistance. Payment, Social and Reha­ [FR Doc.73-6245 Filed 3-30-73;8:45 am] The attached table of Canadian Tele­ bilitation Service, Assistance Payments vision Channel Allocations is recapitula­ Administration. COMMISSION ON CIVIL RIGHTS tive and contains information supplied by the Department of Communications of United States Civil Serv­ Title Change in Noncareer Executive ice Commission, Canada, pursuant to section F of the Assignment Canadian-U.S.A. Television Agreement [seal] J ames C. Spry, By notice of July 11, 1970, FR Doc. (TIAS 2594). It reflects all the additions, Executive Assistant 70-8854, the Civil Service Commission changes and delegations notified to the to the Commissioners. authorized the Commission on Civil Commission by the above date and su­ [FR Doc.73-6249 Filed 3-30-73;8:45 am] Rights to fill by noncareer executive as­ persedes previous lists issued by the signment the position of Assistant to the Commission. Staff, Director for Congressional Affairs, Further additions, changes and dele­ DEPARTMENT OF HEALTH, EDUCATION, Office of the Staff. This is notice that the tions, as coordinated between the Com­ AND WELFARE title of this position is now being changed mission and the Canadian Department of Revocation of Authority To Make a to Director, Congressional Liaison, Office Communications will be issued from time Noncareer Executive Assignment of the Staff Director. to time. Under authority of § 9.20 of Civil Serv­ United States Civil Serv­ F ederal Communications ice Rule IX (5 CFR 9.20), the Civil ice Commission, Commission, Service Commission revokes the author­ [seal] J ames C. Spry, [seal] Ben F. Waple, ity of the Department of Health, Edu­ Executive Assistant to Secretary. cation, and Welfare to fill by noncareer the Commissioners. Canadian-U.S.A. Television Agreement executive assignment in the excepted [FR Doc.73-6254 Filed 3-30-73;8:45 am] TABLE OP ALLOCATIONS FOR VHP AND UHF service the position of Deputy Assistant TELEVISION Secretary for Legislation (Education), COMMISSION ON CIVIL RIGHTS (Listed by Province) Office of the Assistant Secretary for Leg­ Title Change in Noncareer Executive Canada islation, Office of the Secretary. Assignment TABLE A United States Civil Serv- By notice of September 3,1969, FR Doc. Offset Carrier Designators , ice Commission, 10469, the Civil Service Commission au­ — Zero offset frequency (underscored) [seal] J ames C. Spry, thorized the Commission on Civil Rights + Plus 10 kHz Executive Assistant to to make a change in title for the position — Minus 10 kHz the Commissioners. of Assistant Staff Director for Com­ L- Limited Allocation [FR Doc.73-6248 Filed 3-30-73;8:45 am] munity Programing, Office of Commu­ Revised to January 20,1973.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 NOTICES 8471

A lberta L4 Limitation of 8.9 kW ERP, 493 feet EHAAT specified directional pattern, to protect KCTS, Seattle, City VHF Channel UHF Channel Wash. No. No. City VHF Channel UHF Channel L® 1 kW E RP and 100 feet EHAAT. No. N oj L® Limitation of 1000 watts maximum ERP and -1,804 feet EHAAT. Sussex...... 48 L7 Limitation to protect CBUDT, Bonnington, Tracadie...... 58 Banff...... 514- British Columbia, and CHBC-TV-1, Penticton, Upsalquitch Lake Blairmore______57+ British Columbia. (see Campbell­ Brooks------66- , 72 L8 Limitation to protect CHEK-TV, Victoria, ton). Bunnis...... 8, 5— L1 British Columbia. Woodstock...... 3+ L* Calgary...... 2+, 4 ,9+ 18, 8», S8, U , 50, L9 To protect CFCR-TV-6, Mount Timothy, British 19+ 734-, 79 Columbia, and CBUAT-3, Crawford Bay, British Cardston._____ .. ______19+ Columbia. Claresholm______L4 Limitation 18 dBK and 500 feet EHAAT and 68 tA° Limitation to protect CJLH-TV-3, Burmis, toward Channel 7, CKRT-TV, Riviere du Loup, Coronation______10 Quebec. Drumheller______18 SO Lu Limitation 1.37 kW ERP, 1,400 feet EHAAT, to L2 Limitation to protect CJCH-TV, Halifax, Nova Fort MacLeod______.... 74- protect KCFW-TV, Kalispell, Mont. Scotia, CHAU-TV, Carleton (New Carlisle), Quebec, Hanna______78- IA2 Limitation to protect CBUBT, Cranbrook, and WABI-TV, Bangor, Maine. High River______66 British Columbia. L3 Limitation to protect CHSJ-TV, Saint John, Innisfail...... *______71 Lia To protect CBUT-2, Chilliwack, British Lacombe______New Brunswick, CFCM-TV, Quebec, Province of 15- Columbia. Quebec, and a co-channel allocation at Ste. Anne des Lethbridge______7 ,134- 234-, 58-, 644-, L14 Limitation to protect CBUAT-1, Nelson, British Monts, Quebec. 80 Columbia. L4 Limitation to protect co-channel allocation at Medicine H a t . 6—, 8 49, 654-, 71+ L1® Limitation to protect CBUBT-1, Canal Flats, Woodstock, New Brunswick. Olds______British Columbia. Oyen...... 2— L * L* Limitation to protect Channel 5, CJBR-TV, Pincher Creek______70 Manitoba Rimouski, Quebec. Pivot...... 44- L a Provost...... ______24- N orthwest T erritories Raymond______36+ City VHF Channel UHF Channel Red Deer...... 64-, 8+ 31-, 69, 65 No. No. Rocky Mountain City VHF Channel UHF Channel House...... 87 No. No. Stettler...... 67 A ltona...... ;______79 Taber...... ;______42+ Beausejour______66 Vulcan...... 85 Birch River______13+ • Inuvik...... 6 Boissevain______..... 47+ Brandon______2— L1, 4+, 5+ 19, 86, 78 Carberry...... L1 Limitation to protect CB DAT-3 Crawford Bay. 70 N ova Scotia British Columbia. Carman...... 61 Dauphin-(Baldy 8 ,12— L* 88,60 La Limitation to protect CKSA-TV Lloydminster Mountain). Saskatchewan and CHCT-TV Calgary, Alberta. Amherst...... 47,79 Fisher Branch...... 10+ L* 8 4 L® Limitation 18dBK and 500 feet EHAAT. Foxwarren______11 Annapolis Royal...... 48 Antigonish....____ 9 23- B ritish C olumbia G im li...... 14 Bridgetown...... Killamey...... 41+ 89 Bridgewater______9—Li 6 4 Lac du Bonnet____4 L4 76 Caledonia...... 6+ City VHF Channel UHF Channel Melita...... 9+ L* 76+ Canning...... 10 No. No. Minnedosa...... 49 Morden-Winkler...... Digby...... 52- Neepawa...... 87 Halifax...... 3, 5,13 L 8 88, 88, 38+, 44+, Bonnington...... 13+ H Portage la Prairie______18,58 68, 74 R oblin...... Kentville...... 2...... 76 Campbell River___ 7— 494- 55+ Liverpool...... 18 68 Canal Flats...... 18 L a Russel...... 63+ Lunenburg...... Castlegar...... ; gjj. St. Boniface (see Middleton...... 41 Chilliwack...... s ...... u + 364. Winnipeg). 60+ Selkirk...... New Glasgow____ 4— L* 15-, 48, 65 Clinton...... 94- l s 54 Parrsboro...... 20+ Courtenay_____9— L 4, 13 79 Steinbach...... 17 Pictou...... 86 Cranbrook...... 1 0 65— Swan River..______77 Virden______2_____ Sheet Harbour____11+ L 4 35+ Crawford Bay...... 6 L® 17+ Shelburne..._____ 8 75 Creston...... >g Winnipeg-St. 3—, 6—, 7+, 20+, 86, 86, 48, Boniface. 9+, 13+ Springhill-...... 86 Duncan...... " ...... gj 48, 71, 77+, 83 Tatamagouche______49,77 Enderby...... 78, 78 T ruro.______55, 71 £er,nie---...... 84- L® 21+ W indsor...... 16+ Golden...... is L7 64 Li Site to be located no less than 190 miles from co­ Wolfville...... 60 Grand Forks____ gv channel allocation at Grand Forks, N. Dak. Y arm outh...... 11—, 3— L® Hope-...... 6s L2 Limitation 200 kW E R P 500 feet EHAAT to protect 40 Kamloops...... 4+, 6+ L® 50+, 74+ , 80 Channel 12+ at Wynyard, Sask. Kelowna...... 8, 5 - L» 81, 43+ L» Limitation 200 kW E RP 600 feet EHAAT to protect Kimberley...... 1 CBWAT-5, Red Lake, Ontario. Li Limitation 17.78 dBK and 500 feet EHAAT. Kinnaird...” .” ” ...... m i L4 Limitation to protect allocations at Dryden, L2 Limitation to protect co-channel stations CBCT, Kitimat...... ” 1 gi Ontario and Brandon, Manitoba. Charlottetown, Prince Edward Island and WMED-TV, Ladysmith....” ” ...... ** L® Limitations to protect Channel 9— at Regina Calais, Maine. Merritt...... 204- Saskatchewan, and Channel 9+ at Winnipeg, Manitoba’ L3 Limitation to protect CHSJ-TV, Saint John, New Mission City. gi Brunswick, and CJCB-TV, Sydney, Nova Scotia. Mount Timdthyl..! 8, 5—...... N ew B runswick L4 Limitation to protect Channel 11, CBAFT, Nanaimo...... 23— 68 Moncton, New Brunswick. L® Limitation to protect CBHT, Halifax, Nova Newcastle Ridge > 11— 4 City VHF Channel UHF Channel Scotia. Oliver...... s 41 No. No. Ontario Penticton...... 10 Ha IS 73,79+ SSggfc... |+LU Bathurst______54+,88 Powell River...... 1J5_ Buctouche...... 87 City VHF Channel UHF Channel Pnnce Rupert____ 6+ 7 ...... l i 8(1 Bon Accord______6— No, No. Pnnceton... ■ ~yw Campbellton___ _ 7— L>, 18 88, 78+ Radium...... Caraquet______..... 64 Chatham______62+ Arnprior..:______... 80 Rossland...... 7...... S"7" Chipman______.... Atikokan______7— 89 67+ Bancroft______2+ L1__ ___ Dalhousie______60 Barrie.:...... 3+ Dorchester______18+ 55+, 74, 83+ Spillimacheen.. na Edmundston__ ... 18 18,68 Belleville______6— 15- Squamish...... oi i Frederictdh-Saint 5— L8, 9+ 15, 45+ 61 Blind River.;______— 40+ Summerland...... ,a“t' John. Brantford______. . . 68 Brock ville...... Grand Falls______4 U 80 . . . 27+, 75 S r ...... »...... $ McAdam______71-, 77- Chapleau______7+ L8 33+ V an wuVer-Ne w " S6’ 62+ Mill town______Chatham___ ;______. . . 48 88 Cobourg-Port ______Westminster...... 2+ , 8+ 86, 88, 4 6 , 55,61, Moncton______8,7,11 24+, 80, 70, 88 . . . 67+, 80 Neguac...... 8 L4 Hope. Newcastle______Collingwood...... 78+ ...... 7 - , 18 18?87’ 8S 35 Cornwall______8+ L® 36+, 77, 88 Warfield"...... 6’ 10+ f , 63,74,80+ Oromocto___t______21-, 51- Perth...... x ...___ 37+ Deep River______... 25- Williams L a k e . . 21+ Richibucto--._-x--____ 40- D ryden...... 4+, 9— L4 80 Sackville______Elliot Lake______8, 7— L®, 12+ 18- 63 Española______2___ 77 St. Andrews______82+ Fort Frances...___5 Saint John___. . . . 4+ 17, 88, 89, 69, 78 85 British Colombia;0 CHB°-TV-1* Penticton, St. Leonard__... _____ 50+ Fort William—Pt. 3, 4— 20- , 86, 88, 88,44 St. Quentin__.;______; 42- Arthur. AÌberiLmÌtatÌOn t0 protect CPCN-TV-l, Drumheller, St. Stephens...... ^.... 49- Gananoque..x_ xxx-xx x... x...... 19+ Salisbury x-x...... U Geraldton..xx^.^:x= 13+ B r iÎ is W Â b i^ Pr0t6Ct CHBC-TV-4, Salmon Ann, Shediac______86 Goderich.—x™=xxxrxxxx.x...xx—^ 34- Shippegan...... Iß Guelph. _x-._x-x:.:;._--._xx.xxx-.xxi; 16+

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8472 NOTICES

L7 Limitation to protect CHSJ-TV-1, Bon Accord, City VHF Channel UHF Channel Prinie Edward Island New Brunswick, and CJPM-TV, Chicoutimi, Province No. of Quebec. No. L8 Limitation ERP 1.25 dBK EHAAT 732 feet with Charlottetown, Prince Edward Island.. 13+ 31,37,81 specified antenna pattern. Summerside....______8+ 67,76+ L9 Limitation toward CKWS-TV, Kingston, Ontario Haliburton.5L8 and CBVT, Quebec, Province of Quebec. Hamilton..._____ 11+ L7 41-, 47-, 68 L10 Limitation toward Channel 2—, CHAU-TV-1, Hearst______4—, 7 Quebec Ste. Marguerite-Marie, Province of Quebec. Huntsville______8+ L8 L" Limitation to protect CEVR-TV-2, Huntsville, Kapuskasing...... 13, 2+ L® 77-, 83 Ont., CJSS-TV, Cornwall, Ont., and CJDG-TV, Kenora------8 31, 32+ City VHF Channel UHF Channel Lithium Mines, Province of Quebee. Kingston...... 11— 32-, 38-, 73 No. No. L43 Limitation toward Channel 2+, CKRS-TV-2, Kirkland Lake__ - 3,11 Chicoutimi, Province of Quebec. Kitcheper-Waterloo. 13+ 76,83 L43 Limitation to protect CBOFT, Ottawa, Ontario Leamington...... 8C+ Alma...... 48+, 74+, 80- and WMUR-TV, Manchester, New Hampshire. Assign­ London______10 4P> 52—, 71 Asbestos______63 ment to be located no less than 170 miles from WMUR- Manitouwadge------8+ Baie Comeau- 6+ L1 38,57+, 79+ TV, Manchester, New Hampshire. Marathon...... - 11— Hauterive L14 Limitation 18 dBK and 860 feet EHAAT and Midland...... 58+ Baie St. Paul.,...... I . 76 specified radiation pattern. Niagara Falls______— 61 Buckingham______— 80+ North Bay...... 10-, 4- L»« 48+, 70, 76+ Cabano...... — 63+ Saskatchewan Oakville______------73+ Chapeau...... 11+ L3 Orillia______—------24—, 46— Chicoutimi-Arvida. 2+ , 6 36, 68, 70, 76—, Oshawa...... 22+, 77— 82— City VHF Channel UHF Channel Ottawa-Hull...... 4+, 6 L41, 9+, H , 34, 30+, 40, Clermont-La ...... 23+ No. No. 13+ H» 46, 52-, 68 Malbaie. Owen Sound______36, S3 Coaticook...... _____ 75— Paris—...... 6+ Cowansville_____ '.______79 Parry Sound...... - 62— Dolbeàu______. ______78— Assiniboia...... 61 Pembroke...... 5+ 41,47, 53— Donnacona______-______24+ Biggar...... 41- Peterborough_____ 12+ 33+,44, H Dorchester County. 6 L3 Broadview...... 63 Picton...... 66 Drummond ville...------19—,41+ Canora...... 64- Port Arthur (see Estcourt.______43— Carlyle Lake_____ 7+L4 Ft. William). Forestville______—___ -___ 77 Colgate...... 13 Prescott------46* Fox River...... 7 L4 Esterhazy...... 83+ Preston______38 G ranby...... 73- Este van...... 40 Red Lake______10— Hull (see Ottawa, ------E sto n ...... S3 Renfrew ...... 69 Ont.) Fort Qu’Appelle...... 41 St. Catherines______69+ Jolliette...... 65+ Gravelbourg...... 39- St. Thomas...... - 66 Jonquiere- 12+ 14,20—, 30—,. Greenwater Lake... 4 L2 Samia...... >m ...... -...... 74+, 83 Kenogami Humboldt...... 36 Sault Ste. Marie___2—, 6 L43 30,26—, 4 8 , 6 4 , Lac Etchemin.______. ______55+ Indian Head...... 75+ 83+ Lac Megan tic...... -...... 42+ K am sack...... v 42+ Smiths Falls______77,81+ La Tuque______3— L8 34, 66 Kindersley...... 38+ Stratford...... -...... - 36 Magog...... -...... 61 Maple Creek...... 53+ Sturgeon Falls____ 7 82+ Manicouagan...... — 10 Melville...... 46+ Sudbury______6,9+ L 11,13— 19, 25+, 41+, Marieville...... 4 L8 Moose Jaw___ ;...!. 4—, 7— 16, 96, 6 6 47+, 69- Matane______6+ L7, 9— 34, 49+ Moosomin...... 64+ Thessalon______------70+ Mont Climont...... 11 L8 Oxbow...... 56+ - '3,68+, 78 Mont Joli...... 93 Regina______9, 9—, 13— 18+, 24+, 47, 63, 7 - L48 Mont Laurier...... 3+ 68 71, 77- 6 L47, 9 19-, 96, 4 6 , 61, Mont Tremblant__ 11 L8 Riverhurst...... 10—L3 67,79 Montreal-Verdun— 3, 6+ , 10,13 17, 33, 39, 36+, Rosetown...... : ...... 63 35 60, 76, 83 Saskatoon.....!___8+,11 17, 93, S3, 64, 70, Wawa. 5+ L 48 Montmagny 49,67 76 - 75+ New Carlisle 17+ Shaunavon______7+L4 78 12- L49 Normandin...... 10- Stranraer...... 3—,9 2- Perce______. 2+ L48 15+ Swift Current____ 5—, 12- 40+ ,66 Windsor__ 9 - 26—, 32+, 78 Plessisville...... 61+ U n ity ...... 80- Wingham... 8- 73 Port Alfred- 9+ 52+, 64+ Watrous...... - ...... 78+ Woodstock. 18 Bagotville. Weybum...... 48+ Quebec-Levis...... 4 , 5 - , 11+ 15-, 31, 37, 46, Wilkie...... 31 51+, 77+, 83+ Willow Bunch...... 6—L8,10+L8 L1 Limitation to protect co-channel assignment at Rapides des 8- L44 W ynard...______6 ,12+ L7 31+ Wiarton, Ontario. Limitation to protect WGR-TV, Joucbims. Yorkton______3, 10 30, 33+ Rimouski...... 3 - 16, 61 Buffalo, N.Y. Bancroft assignment to be located no less 35-, 71 than 170 miles from W G R-TV. Riviere du L oup.. - 7+ L3 Limitation to protect CBFOT-2, Hearst, Ontario. Roberval______- 8+ 26+ L3 The transmitter site of a television broadcast station Ste. Agathe-des- L4 Limitation 20 dBK and 500 feet EHAAT and authorized to operate pursuant to this allocation shall not Monts. toward CKMJ-TV, Marquis (Moose Jaw) Saskatchewan. be located less than 170 miles from the transmitter site of Ste. Anne des 4 - L2 Limitation to protect CHAB-TV, Moose Jaw, co-channel station WMTW-TV, Poland Springs, Maine. Monts. The effective radiated power from the Cornwall station Ste. Anne de la ------66 Saskatchewan. over a sector encompassing the northern and southern Pocatiere. L3 Limitation to protect Channel 10+, CKBI-TV-1, limits of Lake Champlain will not exceed the equivalent St. Felicien...... 72+ . Alticane, Saskatchewan. of 60 kilowatts from an antenna 500/eft above average St. Georges de ------73 L4 Limitation to protect CKMJ-TV, Channel 7—, terrain. . „ Beauce. Marquis (Moose Jaw), Saskatchewan. L4 Limitation 20 dBK and 1,000 feet EHAAT. St. Hyacinthe...... 47+ L8 Limitation to protect Channel 6, CKOS-TV-3, L® Limitation to' protect CFCL-TV-6, Chapleau, St. Jean-Iberville...... - 70— St. Jerome...... 78 Wynard, Saskatchewan. Ontario; CBFST, Sturgeon Falls, Ontario and a co­ L8 Limitation to protect CJFB-TV-3, Riverhurst, channel limited allocation at Timmins, Ontario. Ste. Marguerite- 2— L13 L8 Limitation of 310 watts maximum radiated power Marie. , .. , Saskatchewan. and 100 watts equivalent nondirectional power, with Sept Iles...... — 11—, 13+ L7 Limitation to protect Channel 13, CKCK-TV-1, specified directional antenna pattern at 149 feet EHAAT. Shawinigan Falls------16+, 4*, 63 Colgate, Saskatchewan. Also limitation to protect WPTZ-TV, North Pole, N.Y., Sherbrooke...... 7, S L13 14—, SO, 60 and WHEN-TV, Syracuse, N.Y. Sorel-Tracy...... — - Y ukon T erritory L7 Limitation to protect Channel 11—, CKWS-TV, Thetford Mines______— ------33, 74, 80. Kingston, Ontario. Timiskaming—------12— L14 L8 Limitation to protect Channel 8—, CKNX-TV, Trois Pistoles...... 78 Wingham, Ontario, and Channel 8, WROC-TV, Roches­ Trois Rivières____ 13— 37, 69+ City VHF Channel UHF Chan/el ter, N.Y. Valleyfield...... 36, 66+ No No L9 Limitation to protect CFCL-TV-2, Kirkland Verdun (see Lake, Ontario. _ Montreal). L40 Limitation to protect CKRN-TV, Rouyn, Victoriaville------71+ Quebec, and CBOT, Ottawa, Ontario. Dawson...... 3 14, 90 L Limitation to protect CBMT, Montreal, Quebec 11 L Limitation to protect CHAU-TV, Carleton (New Keno Hill...... IS and Channel 6, Belleville, Ontario, 4 Watson Lake...... 8+ L42 Limitation to protect Channel 13—, CKTM-TV, Whitehorse___ ...... 2+ , 6 14,30 Three Rivers, Province of Quebee. ° L^Limitation to protect CKWS-TV, Kingston, Ont., L Limitation to protect CKSO-TV, Sudbury, and CBFT-1, Mt. Tremblant, Province of Quebec. 43 L3 Limitation to protect CHSJ-TV-1, Bon Accord, Ontario. New Brunswick CJPM-TV, Chieeutimi, Province L14 Limitation to protect CBFOT, Timmins, Ontario. F ederal Communications L18 Limitation to protect CKSO-TV-1, Elliot Lake, of Quebec, CBMT, Montreal, Province of. Quebec, and WCSH-TV, Portland, Maine. Commission, Ontario. L4 Limitation 63 watts, 850 feét EHAAT toward L18 Limitation to protect CFCL-TV-6, Chapleau, W allace J ohnson, CBFOT-2, Hearst and CBFST, Sturgeon Falls. channel 7 - , CKCD-TV, Campbellton, New Brunswick. E. L47 Limitation to protect WHEN-TV, Syracuse, N.Y. L8 Limitation to protect CBFT-2, Mont Laurier, Chief, Broadcast Bureau. L18 Limitation to proteet CBFOT, Timmins, Ontario. Quebec. „ . . . L19 Limitation to protect CBFOT-1, Kapuskasing, L8 Limitation to protect CBOT, Ottawa, Ontario and [FR Doc.73-6044 Filed 3-30-73;8:45 am] Ontario. CFCM-TV, Quebec; Province of Quebec.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 NOTICES 8473 [Dockets Nos. 19713, 19714; FCC 73-328] ward the solution of the problems that [Docket No. 19711; FCC 73-316] NEO BROADCASTING CO. AND have been ascertained are too general to UNITED TELEPHONE CO. OF WILLIAM HAYDON PAYNE provide a clear indication of the descrip­ PENNSYLVANIA tion, anticipated time segments, duration Applications for Consolidated Hearing on and frequency. Accordingly, an issue will Application for Hearing on Stated Issues Stated Issues be specified to permit the applicants to In regard application of The United In regard applications of Charles R. clarify this aspect of their respective Telephone Co. of Pennsylvania for cer­ Ingram and Robert R. Toon, doing busi­ statements of program service. tificate of convenience and necessity to ness as NEO Broadcasting Co., Wagoner, 4. Except as indicated by the issues construct and operate cable facilities in Okla. Docket No. 19713, File No. BP- specified below, the applicants are quali­ Hanover, Pa.; Docket No. 19711, File No. 19253. Requests: 1530 kHz, 250 W., fied to construct and operate as pro­ P-C-7720. Day, and William Haydon Payne, Wag­ posed. However, since the proposals are 1. The Commission has before it for oner, Okla. Docket No. 19714, File No. mutually exclusive, they must be desig­ consideration the above-captioned ap­ BP-19289. Requests: 1530 kHz, 250 W., nated for hearing in a consolidated pro­ plication of The United Telephone Co. Day, for construction permits. ceeding op the issues specified below. of Pennsylvania (United Telephone), 1. The Commission has before it the 5. Accordingly, It is ordered, That, filed pursuant to section 214 of the Com­ above-captioned and described applica­ pursuant to section 309(e) of the Com­ munications Act, for a certificate that tions, each requesting authority to oper­ munications Act of 1934, as amended, the present and future public conven­ ate, on a regular basis, the facilities of the applications are designated for hear­ ience and necessity require United Tele­ station KWLG, Wagoner, Okla., now ing in a consolidated proceeding, at a phone to construct or acquire and to being operated jointly by the applicants time and place to be specified in a sub­ operate channels for, among other things, under an interim authorization. The ap­ sequent order, upon the following issues: the retransmission of broadcast signals plications are mutually exclusive, and 1. To determine with respect to the and the transmission of local cable-cast­ therefore, a choice between the two must applicant, William Haydon Payne: ing signals by CATV operators in United be determined after a comparative (a) Whether in light of the applicant’s Telephone’s Hanover, Pa., exchange area. hearing. current financial position, he has avail­ The application was filed on Novem­ 2. The applicant, William Haydon able $6,000 in personal assets to apply ber 26, 1969 (37 FR 28653). Payne, proposes new construction which to the construction and initial operation 2. Radio Hanover, Inc., a CATV com­ with the first year’s operating expenses of the proposed station; pany in the Hanover, Pa., area, filed a will cost approximately $76,300. This (b) Whether the proposed lender has petition to reject United Telephone’s total includes lease payments on equip­ sufficient current assets to meet his loan application on January 20, 1970; United ment, $7,734; land, $240; first-year pay­ commitment; Telephone filed an opposition to the ments on a building, $13,778; miscella­ (c) The source of additional funds as petition on February 2, 1970; and Radio neous, $2,900; interest on a personal loan, may be required; and Hanover, Inc. (Radio Hanover) filed its (d) In light of the evidence adduced reply on February 10, 1970. $6,000; and working capital, $45,648. To pursuant to the above, whether William meet these costs, the applicant proposes Haydon Payne is financially qualified. 3. On April 30, 1970, United Tele­ to use cash on hand and in banks in the 2. To determine the anticipated time phone amended its application to show amount of $6,000 and to secure a loan segment, duration and frequency of that Penn-Mar CATV, Inc. (Penn-Mar) from the applicant’s father in the programs proposed by the applicants to on whose behalf the original application amount of $60,000. The applicant’s cur­ meet community needs. had been filed, was no longer affiliated rent liabilities exceed his current assets 3. To determine which of the pro­ with United. Radio Hanover, on June 1, and therefore it cannot be determined posals would better serve the public 1970, filed a petition seeking denial of with certainty that $6,000 in cash is interest. the amended application and for an in­ available for the construction of the pro­ 4. To determine in light of the evi­ vestigation and hearing. On June 15, posed station. In the financial statement dence adduced pursuant to the foregoing 1970, United Telephone filed a “Reply of the proposed lender, substantial assets issues, which, if either, of the applica­ to Responsive Pleading”; and Penn-Mar are claimed, but the liquid assets shown tions should be granted. filed its Opposition to the Petition to on the statement are not specifically de­ 6. It is further ordered, That, to avail Deny on July 6,1970. Radio Hanover filed scribed. Therefore, it cannot be deter­ themselves of the opportunity to be a single Reply to both the United Tele­ mined if the proposed lender can meet heard, the applicants herein, pursuant to phone and Penn-Mar pleadings, on his commitment to make the proposed § 1.221(c) of the Commission’s rules, in July 14,1970. loan. It appears that the applicant will person or by attorney, shall, within 20 4. On November 12, 1971, in response require financing in addition to the days of the mailing of this order, file with to a Commission staff letter, United Tele­ amounts claimed in order to meet con­ the Commission in triplicate, a written phone filed an amendment to its appli­ struction and operating costs. Therefore, appearance stating an intention to ap­ cation entitled “availability of Poles an issue will be specified to permit the pear on the date fixed for the hearing (Conduit) Rights to CATV Customers”; applicant to clarify his financial plan. and present evidence on the issues speci­ and by letter dated November 20, 1971, 3. The Commission’s “Primer on As­ fied in this order. Radio Hanover commented on the certainment of Community Problems by 7. It is further ordered, That the ap­ amendment. United Telephone, on De­ Broadcast Applicants,” 36 FR 4092, 27 plicants herein shall, pursuant to section cember 13, 1971, responded by letter to 311(a) (2) of the Communications Act of the Radio Hanover comments; and on FCC 2d 650, 21 RR 2d 1507 (1971) , di­ January 14, 1972, Radio Hanover replied rects applicants to consult with commu­ 1934, as amended, and § 1.594 of the Commission’s rules, give notice of the by letter. Finally, by covér letter dated nity leaders and members of the general hearing, either individually or, if feasible March 3, 1972, and in response to a the problems of the community. The and consistent with the rules, jointly, conference held at the Commission of­ Primer also directs applicants to describe within the time and in the manner pre­ fices on February 10, 1972, United Utili­ the programs intended to deal with com­ scribed in such rule, and shall advise the ties submitted a composite draft joint munity problems and to indicate the an­ Commission of the publication of such pole use agreement, purporting to be notice as required by § 1.594(g) of the “representative of the kind which the ticipated time segments, duration, and rules. telephone operating subsidiaries of frequency of those programs. In the United Utilities, Inc. would be willing present instance, both applicants appear Adopted: March 21, 1973. to enter into any exchange area.” 1 Radio to have consulted with a number of in­ Released: March 27, 1973. Hanover, by letter dated March 17, 1972, dividuals from which consultations the F ederal Communications applicants appear to have become aware Commission, 1On. June 2, 1972, the name of United' of area problems. However, the state­ [seal] Ben F. Waple, Utilities, Inc., was changed to United Tele­ communications, Inc.; and it will be referred ments of both applicants on the manner Secretary. to hereinafter as “United Telecommunica­ in which they propose to contribute to­ [FR Doc.73-6260 Filed 3-30-73; 8; 45 am] tions.”

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8474 NOTICES objected to the composite draft sub­ CATV service in the Hanover area, and thorized to attach its CATV cables to mitted by United. in 1967 it was equally owned by United Metropolitan Edison’s poles at a rental 5. The voluminous pleadings and cor­ Transmission, Susquehanna,. and the of $4.50 per pole per year. United Tele­ respondence in this proceeding appear Publishing Company. phone, however, persisted in its refusal to present two basic issues involving, 7. During the year 1965, Radio Han­ to allow Radio Hanover to attach its first, the reasonableness of the agree­ over, United Transmission, Susque­ cable system to United Telephone’s poles; ments under which CATV operators are hanna, and “The Evening Sun” ex­ but, at the same time, it reiterated that permitted to use poles or conduits be­ pressed an interest in obtaining a CATV it would construct the necessary cable longing to United Telephone; and, sec­ franchise from the Borough Council of facilities and lease them to Radio Han­ ond, whether United Telephone has Hanover; and all filed formal applica­ over. Radio Hanover considered the pro­ engaged in monopolistic or anticompeti­ tions with the Borough prior to Janu­ posal unacceptable, and filed a civil anti­ tive practices in dealing with cable tele­ ary 1, 1966, the cutoff date for the filing trust suit against United Utilities, Inc.; vision companies. Since we have con­ of applications. In mid-1965, however, United Transmission; United Telephone; cluded that the conduct of United the United Telephone Co. of Pennsyl­ Susquehanna; Brush-Moore Newspapers, Telephone in dealing with Radio Han­ vania, whose poles could be utilized for Inc.; Penn-Mar Publishing Co.; and over and those agreements (particularly the CATV distribution cable, had an­ Penn-Mar CATV, Inc., alleging a con­ the composite Joint Use Agreement sub­ nounced the adoption of a policy of not spiracy to monopolize CATV and broad­ mitted by United Telecommunications) entering into agreements with CATV band coaxial cable services in violation raise substantial public interest issues, companies for the attachment of their of the Sherman Act, 26 Stat. 209; 15 we are designating the matter for hear­ cables to United Telephone. Co. poles. U.S.C. section 1. While Radio Hanover’s ing to determine whether that conduct (United Telephone application for sec­ Motion for a Preliminary Injunction to and those agreements are in the public tion 214, certificate, filed Nov. 26, restrain the defendants’ construction or interest. 1969, Affidavit of John G. Siemons.) In­ operation of a CATV system in the Han­ 6. The fact§ appear to be that Radio stead, United Telephone offered to pro­ over area, was denied on March 27, 1967 Hanover, a Pennsylvania corporation, vide distribution channel service, as a (273 P. Supp. 709) the suit itself is still is the licensee of two radio stations in common carrier under published tariffs, pending in the Federal District Court for Pennsylvania: Station WHVR, an AM to anyone for lawful purposes. the Middle District of Pennsylvania. station in Hanover, and Station WYCR, 8. On June 8, 1966, the four applicants 10. After the Preliminary Injunction an PM station in York.* United Tele­ attended a meeting of the Borough was denied construction was commenced communications, Inc. is a Kansas cor­ Council when it was suggested by the on the Penn-Mar CATV system, and on poration and a holding company which Borough President that all the appli­ May 15,1967 Radio Hanover filed another is the parent of the United Telephone cants join together and form one com­ suit in the Federal District Court for Company of Pennsylvania (United Tele­ pany for the purpose of seeking a fran­ the Middle District of Pennsylvania, al­ phone) and United Transmission, Inc. chise. After considering this suggestion, leging a violation of section 214 of the (United Transmission), as well as other Radio Hanover rejected it, but United Communications Act by Penn-Mar, and companies. United Telephone is a Penn­ Transmission, Susquehanna, and “The seeking an injunction against further sylvania corporation and is an operating Evening Sun” joined together and construction or operation. A motion to telephone company authorized to pro­ formed Penn-Mar CATV, Inc., which dismiss this suit was denied on October 2, vide telecommunication services in a was formally incorporated on August 19, 1967 (1967 Trade Cases, paragraph number of exchange areas in Pennsyl­ 1966. In the meantime, Radio Hanover 72.228; 11 RR 2d 2Q40 (1967)). Penn- vania, including the community of Han­ had informed United Telephone that it Mar’s CATV system became operational over. United Transmission was a Kansas was interested in leasing space on United on September 1, 1967. Radio Hanover, corporation engaged in the business of Telephone polesB for the purpose of con­ however, elected not to go forward with building and operating Community An­ structing Radio Hanover’s CATV sys­ construction of its system, because it tenna Television (CATV) systems.3 The tem thereon, if it were successful in ob­ considered the use of telephone company following companies are or were also taining a franchise. On August 30, 1966, poles indispensable to its proposed involved in this proceeding: The Susque­ United Telephone notified Radio Han­ system. hanna Broadcasting Co. (Susquehanna), over that it would not enter into agree­ 11. On November 26, 1969, United a Delaware corporation, and the licensee ments with CATV companies for the Telephone filed an application for a sec­ of several radio and television stations, leasing of space on the United Telephone tion 214 certificate to construct or ac­ among them, Station WSBA-TV in poles for the attachment of CATV cable quire and operate channels for use, York, Pa.; Brush-Moore Newspapers, equipment, but that it would construct among other things, by CATV operators Inc. (Brush-Moore) was an Ohio cor­ the necessary cable facilities itself and in its Hanover exchange area. The appli­ poration which in 1967 owned and con­ then lease them to the respective com­ cation was said to be in compliance with trolled a number of newspapers, includ­ panies. the Commission’s Decision of June 25, ing “The Evening Sun” of Hanover, of 9. On October 19, 1966 the Hanover 1968 in Docket 17333 (General Telephone which it was a principal owner; Penn- Borough Council by Ordinance No. 1331 Co. of California, 13 FCC 2d 448) which Mar Publishing Co. (The Publishing granted franchises to both Radio Han­ requires telephone companies to file ap­ Company), was the publisher and part- over and Penn-Mar, and extended to plications for, and be issued, section 214 owner of “The Evening Sun.” 4 Penn-Mar them the right to construct a CATV sys­ certificates prior to constructing or oper­ CATV, Inc. (Penn-Mar) is a Pennsyl­ tem in the Borough; but the Council ating CATV facilities, either for them­ vania corporation created to provide specified that no poles could be erected selves or for independent CATV opera­ within the Borough by those companies tors. Radio Hanover, on January 20,1970, without the express authorization of the filed a petition to deny the United Tele­ a The 1971 populations of York and Han­ Council. Instead, both Radio Hanover phone application, and requested that it over were 50,335 and 15,623, respectively. and Penn-Mar were directed to arrange be required to cease and desist from York is 18 miles northeast of Hanover. operating a CATV system, because, first, »The factual recitations herein are drawn to use the poles of the public utilities in part from the Findings of Fact in Judge companies (United Telephone and Met­ United Telephone had been on notice as Nealon’s Memorandum denying a Prelimi­ ropolitan Edison). On December 13, 1966 far back as April, 1967 that further con­ nary Injunction in Radio Hanover, Ine. v. Radio Hanover executed a CATV pole struction of CATV facilities without a United Utilities, Inc., 273 F. Supp. 709 (M.D. attachment agreement with Metropolitan section 214 certificate would be at its Pa., 1967). Edison in which Radio Hanover was au- own risk; and, second, United Tele­ * It would appear that Thomson-Brush- phone’s application failed to comply with Moore Newspapers, Inc., has succeeded Penn- the Commission’s decision of June 25, Mar Publishing Co. as publisher of The Eve­ «At the time there were 1,137 poles owned 1968. Specifically, Radio Hanover alleged ning Sun (Ayer Directory of Publications, by United Telephone in Hanover Borough, N. W. Ayer & Son, Inc., Philadelphia, Pa., and 1,317 poles owned by the electric utility, that the United Telephone application 1972, p. 703). Metropolitan Edison Co. did not state that no operator, other

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 NOTICES 8475 than United Transmission, holds a fran­ a competing application to Radio Han­ tions of section 214 at the suit of, among chise or is otherwise authorized to oper­ over’s; and that, despite warnings of others, “any party in interest.” Clearly, ate a CATV system in Hanover (Deci­ illegality, a leaseback arrangement was Radio Hanover is a “party in interest” sion, paragraph 40(c), 13 FCC 2d at made and uncertificated leaseback fa­ in this proceeding, and to contend that it 467), and that prior to the time that dis­ cilities were built for Penn-Mar, while can bring suit in a U.S. district court, tribution facilities were constructed no United Telephone was still refusing pole but not before this Commission makes application by a competing operator or attachments for Radio Hanover. After no sense; and so we unhesitatingly find prospective operator for a pole line at­ this was accomplished, Radio Hanover Radio Hanover to have standing to op­ tachment arrangement was pending be­ alleges that Penn - Mar proceeded pose the issuance of a section 214 cer­ fore the carrier (Decision, paragraph 40 promptly to try to sign up all of Hanover tificate to United Telephone. (See also, (d), 13 FCC 2d a t467). as its subscribers; and it was only when “Better TV, Inc. of Dutchess County, 12. United Telephone filed its opposi­ it was realized that the Commission N.Y.,” 17 FCC 2d 367 (1969).) Likewise, tion to Radio Hanover’s petition on Feb­ would not permit CATV service to be we do not find Radio Hanover barred ruary 2, 1970, alleging that the issuance provided by a telephone company or its from bringing this action here, simply of a cease and desist order would not be affiliate that the United Transmission because it has filed two suits in a Fed­ in the public interest because disruption interest was sold. eral court. The first suit involves al­ of CATV service to the public would re­ 15. We regard the anticompetitive leged violations of the Sherman Act; sult because of the lack of alternate fa­ charges as substantial and pertinent to and, according to Radio Hanover’s reply7 cilities. In addition, it was stated that the question of whether a section 214 filed July 14, 1970, the second is for in­ the potential for abuse from affiliation certificate ought to issue to United Tele­ junctive relief under section 214. Be­ between the CATV operator and the tele­ phone. The inclusion of an issue regard­ sides an injunction, Radio Hanover’s phone company did not exist, because ing alleged anticompetitive and monop­ amended complaint sought treble dam­ United Telephone did not have legal or olistic practices by United Telephone will ages and an order permitting Radió de facto control over Penn-Mar. Radio not impinge in any way upon the anti­ Hanover to attach its CATV cable to Hanover’s reply, filed February 10, 1970, trust suit now pending in the Middle Dis­ United Telephone’s poles (or in United maintained that United Telephone had trict of Pennsylvania. It is well estab­ Telephone’s conduits, if utilized in lieu failed to justify a stay of the Commis­ lished that this Commission has not only of poles) “at rates reasonably compar­ sion’s decision and order of June 25,1968, the right but the .obligation to examine able to those established in the industry, and that a cease and resist order ought into such allegations in carrying out its which rates will be the subject of good to issue promptly. statutory responsibilities whether or not faith bargaining.” While the issues in the 13. On April 30, 1970, United Tele­ an antitrust suit is pending. “Philco lawsuit and in this proceeding are closely phone amended its application for a sec­ Corp.” v. “FCC,” 293 F. 2d 864 (D.C. related, as we have already noted, never­ tion 214 certificate to show that the one- Cir. 1961). We are, therefore, including theless, under section 214(a) the respon­ third stock interest in Penn-Mar which an issue regarding United Telephone’s sibility and authority to issue section 214 had been owned by United Transmis­ alleged monopolistic and anticompetitive certificates rests exclusively with this sion had been sold in equal parts to practices, and we are placing the burden Commission. No issue of damages is in­ Penn-Mar Publishing Co. and Susque­ of proof on Radio Hanover. We are also volved here; and we find section 207 of hanna Broadcasting Co., and that, there­ including provisions in this order re­ the Communications Act, cited by both fore, no affiliation remained between garding the antitrust suit, so that any United Telephone and Penn-Mar in its Penn-Mar CATV, Inc., and either United decision in that suit adverse to United opposition to petition to deny, to be Utilities, Inc., or United Telephone. Ra­ Telephone can be fully considered by inapposite. dio Hanover, on June 1,1970, filed a peti­ this Commission in determining whether 17. The Penn-Mar opposition was filed tion to deny the amended application of Jo grant a section 214 certificate to on July 6, 1970, and denied all of the United Telephone, contending, inter alia, United Telephone. allegations raised in the Radio Hanover that despite the transfer of stock, Penn- 16. United Telephone’s reply, filed on petition to deny. Penn-Mar asserted Mar remained ah affiliated company to June 15, 1970, reiterated that the issu­ that United Transmission now has no United Telephone; and, further, that ance of a cease and desist order would interest in Penn-Mar CATV, Inc.; that United Telephone conspired wrongfully cause the disruption of CATV service to there is currently no relationship, legal to monopolize cable television in Hanover the public in the Hanover area, and that or beneficial, between Penn-Mar and and should not, therefore, be permitted Radio Hanover’s charges of unlawful United Transmission; that the fact that to retain the fruits of that wrongdoing; conduct are unsupported by specific fac­ Penn-Mar leases cable facilities from but that the money obtained by the sale tual allegations. Furthermore, the alle­ United Telephone under filed tariffs has to Penn-Mar Publishing Co. and Susque­ gations of wrongdoing by United Tele­ no bearing on the question of affilia­ hanna ought to be placed in escrow pend­ phone are at issue in two cases pending tion; and that all of the United Trans­ ing a determination of the legality of in the'U.S. District Court for the Middle mission stock was sold to the other two United Telephone’s conduct. Radio Han­ District of Pennsylvania.8 United Tele­ stockholders who also assumed the con­ over also maintained that it had been phone maintains that since Radio Han­ tingent obligations of United Transmis­ ready to construct its facilities since over filed suit in the district court under sion. Penn-Mar’s arguments regarding 1967 and would have done so had it not the Sherman Act (Case No. 9845) and the impropriety of Radio Hanover pur­ been for United Telephone’s unlawful also sought an injunction there against suing its cases in the district court and conduct. Radio Hanover urged that the United Telephone under section 214(c) this proceeding have already been ad­ section 214 certificates be denied, and of the Communications Act, it is barred dressed above. The only additional point that United Telephone be required to by the Communications Act from com­ to be made is that if we should ultimately divest itself completely of its cable facil­ plaining about the same acts to this decide that it would be in the public ities to others than Susquehanna and Commission. Finally, United Telephone interest to granj; a section 214 certificate Penn-Mar Publishing Co. contended that Radio Hanover had no to United Telephone, and the court case 14. Regarding the monopoly matter, standing to oppose the grant of a section involving Sherman Act violations (Civil Radio Hanover specifically alleged that 214 certificate to a competitor, since both Action No. 9875) is still pending, issuance at first United Telephone sought to itself and Penn-Mar have nonexclusive of the certificate will be appropriately monopolize cable television in Hanover; franchises to provide CATV service in conditioned upon the outcome of the that it tried to imply to the Hanover the Hanover area. United Telephone cites several cases in support, including court case. Radio Hanover filed a reply to Borough Council that the council had the Penn-Mar and United Telephone to award the franchise to United Tele­ L. Singer & Sons v. Union Pacific R. phone’s affiliated company because pole Co., 311 U.S. 209 (1940)- and “Chesa­ attachment rights would not be granted peake and Potomac Telephone Company • Radio Hanover Inc. v. United Utilities, t of West Virginia,” 22 FCC 2d 577 (1970). Inc., Case No. 9845 and Radio Hanover, Inc. ? ,k?5er applicants; that, «hereafter, v, United Telephone Co. of Pennsylvania« united Transmission combined with the Section 214(c) provides that a court of Case No. 9994. newspaper and television interests in competent jurisdiction can enjoin viola- 7 Reply, p. 3, footnote.

No. 62—Pt. I---- 8 FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8476 NOTICES pleadings on July 14, 1970. Radio Han­ United Telephone’s other territories in unused pole space by the CATV operator over argued that Penn-Mar, having built Pennsylvania. in which to attach his facilities. its cable facilities illegally, should not 20. Radio Hanover commented upon 22. Radio Hanover commented on the be heard to complain that the Commis­ the United Telephohe amendment by United Telephone filing by letter dated sion cannot take remedial action for letter dated November 20, 1971, denying January 13, 1972. Once again, Radio fear that innocent people would suffer. that attachment opportunities contem­ Hanover maintained that no attachment 18. On October 15, 1971, the Commis­ plated by the Commission’s rules have opportunities as contemplated by the sion advised counsel for United Tele­ ever been offered in Hanover either to Commission’s rules had ever been offered phone by letter that the U.S. Court of Radio Hanover or Penn-Mar CATV, Inc. in Hanover, except in settlement nego­ Appeals for the Fifth Circuit had affirmed The “Attachment Rights” under the tiations among counsel, and then on a the policy and rules adopted by the Com­ “Joint Use Agreement”, Radio Hanover “take it or leave it” basis. While no spe­ mission in “Section 214 Certificates,” 22 contends, cannot be considered a bona cific mention had been made of the rea­ FCC 2d 746 (1970) , including § 63.57 of fide pole attachment offering, because, sonableness of charges for pole attach­ the rules. The letter stated, in part: for example, those joint use agreements ments by CATV operators, Radio Han­ generally grant the telephone company over considers that matter to be very As you know, such rule (§ 63.57) requires the option to construct and maintain the Respondent (United Telephone) to show that much in issue. Radio Hanover considers the CATV system to be served has been CATV distribution system and also grant the following conditions of the joint use afforded an opportunity to attach to Re­ the telephone company options to ac­ agreement to be undue restrictions in spondent’s poles and that any other CATV quire ownership in a major portion of the violation of § 63.57 of the rules: system within Respondent’s telephone serv­ radio frequency spectrum of the cable, (a) The inhibition against the CATV op. ice area also has been afforded a similar op­ “completely negating the intention that erator providing common carrier services; portunity to attach to Respondent’s poles the entrepreneur should be able to attach (b) The grant of an option to the tele­ on the same terms. It does not appear that his own cable, which he can control, on phone company to construct and maintain such pole attachment option provided for in the CATV system; the Commission’s rules has been made avail­ the poles controlled by the telephone able either to Respondent’s proposed cus­ company. In addition, the telephone com­ (c) The grant of an option to the tele­ pany proposals substantially prohibit the phone company to control radio spectrum tomer, Penn-Mar CATV, Ino., or to Radio space both within, and outside of, the “VHP’’ Hanover, Inc., both CATV companies with provision of common carrier services on and FM broadcast bands; and franchises to serve the Hanover, Pennsylvania the CATV facilities. Provisions also may (d) The provision that the telephone area. be used to impede the offering of access company will perform installation and Commission policy is clear that a tele­ channels.” phone company must, within the limitations maintenance work for the CATV operator of technical feasibility, make space on its 21. In response to Radio Hanover’s on a no-priority basis, while at the same poles available as an option to a proposed comments, United Telephone filed a let­ time prohibiting the CATV operator from channel service customer and any other CATV ter on December 13, 1971, to which a holding out that the telephone, company has operator in its telephone service area, at rea­ sample joint use agreement was at­ any responsibility for the service provided. sonable charges and without undue restric­ tached. United Telephone denied Radio 23. Finally, at a Commission staff con­ tions on the uses that may be made of Hanover’s allegation that attachment ference held on February 10,1972, United its facilities by the CATV operator or opportunities contemplated by the Com­ operators. Telephone agreed to construct a single Inasmuch as the subject application does mission’s rules have never been offered “most favored nation” joint use agree­ not show compliance with the provisions of in Hanover. On the contrary, according ment which would be a composite draft § 63.57 of the Commission’s rules, Respondent to United Telephone, the CATV opera­ of the best agreement available from the is directed to file, within 30 days of the date tor is permitted to carry, in addition to view point of the CATV operator. This of this letter, an amendment showing com­ TV and FM radio program material, agreement would be representative of the pliance with this rule. interstate and intrastate common car­ kind which the telephone operating sub­ 19. In response to the Commission let­ rier communication services, provided sidiaries would be willing to* enter into ter, United Telephone filed an amend­ there shall first have been obtained from within any exchange areas. This com­ ment to ijs application on November 12, this Commission, or the appropriate posite draft was filed on March 6, 1972, 1972, captioned “Availability of Poles State commission, a certificate of public and commented upon by Radio Hanover (Conduit) Rights to CATV customers.” convenience and necessity, and provided by letter dated March 17, 1972. In its The amendment states that while no further, that there shall be an agreement comments, Radio Hanover contended CATV operator in the Hanover area had between the CATV operator and the that the agreement continued to impose a right to occupy pole or conduit space telephone company, or a determination substantial and illegal impediments to on United Telephone poles in the years by the appropriate commission, as to the the realization of CATV potential service 1964-68, or at the time that the Penn- appropriate division of revenue. United offerings. Specific reference was made to Mar CATV facilities were constructed, Telephone reserved the right to oppose slight modifications of previous agree­ under modified policies adopted in 1969, the issuance of any such certificate to ments, such as one which related to the and still in effect, the opportunity to oc­ the CATV operator. This provision was requirement that a CATV operator ob­ cupy pole or conduit space has been said to be reasonable in light of the re­ tain a certificate from the FCC or an available under a “Joint Use Agreement” quirement that telephone companies appropirate State commission prior to at “reasonable charges and without un­ obtain section 214 certificates prior to handling any common carrier services; due restrictions on the uses that may be providing channel service to CATV cus­ to a clause which was added to state that made of the channel by the customer.” tomers. Regarding installation and the requirement was not necessary if not The amendment further states that maintenance of CATV distribution fa­ required by law; and to options reserved Penn-Mar CATV, Inc., was orally offered cilities by the telephone company, United to United Telephone to acquire owner­ the opportunity to place its own cable Telephone contends that it is reasonable ship of spectrum space in the CATV distribution facilities on United Tele­ to maintain some control ci the equip­ cable, now modified to provide for joint phone’s poles, or in its conduits, on ment placed on its poles; and in practice, ownership or lease of facilities. It was July 24, 1969, and February 12, 1970, and however, United Telephone system com­ noted that prior provisions relating to that specific written offers were made on panies have permitted CATV operators “No Priority” maintenance responsibili­ December 24, 1969, and August 10, 1970. to construct and maintain their distri­ ties and United Telephone’s exclusive The amendment states, finally, that bution facilities, as provided in the right to terminate the agreement raised agreements. The grant in the agreement substantial questions which were still Radio Hanover was orally offered the op­ of an option to United Telephone to portunity to have its cable distribution unresolved. lease unused radio spectrum space in 24. As we noted earlier (paragraph 5, facilities, when constructed, placed on the cable is considered by United Tele­ supra) we believe that agreements such United Telephone’s poles or in its con­ phone to be reasonable in that it goes as those existing between telephone com­ duits on February 26, 1969; and that the only to unused radio spectrum outside panies in the United Telephone system offer exists today, not only in the Han­ the TV and FM broadcast bands, and is and CATV operators utilizing pole space over Exchange Area, but throughout a suitable quid pro quo for the use of on United Telephone poles raise serious

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 NOTICES 8477

I and substantial questions as to whether suaded that there are substantial and 31. It is further ordered, That if a I they are in compliance with Commission material questions of fact pertaining to final adjudication or resolution, in the I policies pertaining to CATV service. We compliance with the rule, requiring the above-described Case No. 9875 is entered I realize that there is a hearing now in designation of the United Telephone ap­ during the pendency of this proceeding, I progress to determine what the policies plication for hearing. the parties to this proceeding shall I are throughout the cable television in- 26. Accordingly, in view of the fore­ promptly notify the Commission of this I dustry relating to pole attachment rights going, It is ordered, Pursuant to sections fact and file copies of such final adjudi­ I of CATV operators who must^itilize tele- 4j, 208, 214, 217, 218, 313, and 403 of the cation or resolution with the Commis­ I phone company poles (“California Water Communications Act, that the applica­ sion. Within 15 days after such noti­ I & Telephone Co.,” Dockets 16948, 16943, tion of the United Telephone Company of fication and filing, any party to this I and 17098, 22 FCC 2d 10 (1970) ) but we Pennsylvania for a section 214 certificate proceeding may file a motion with the I believe that there is a need, not only for of public convenience and necessity to Commission requesting such further I an adjudicatory proceeding to determine construct or operate distribution facili­ proceedings as may be thought necessary I the general telephone company policies ties for channel service to CATV systems for Commission consideration of such I pertaining to pole attachments, but also in its Hanover, Pa., exchange area is final adjudication or resolution. I the practical problems encountered in designated for hearing on the following 32. It is further ordered, That the I specific geographical areas. It might well issues; Secretary of the Commission shall send I be that the practical problems are of (1) To determine whether Penn-Mar CATV, copies of this order by certified mail, I such a magnitude as to impede substan- Inc., and Badio Hanover, Inc., have available, return receipt requested, to United Tele­ I tially the development of CATV service, at their option, pole attachment, or conduit, phone Company of Pennsylvania; Radio I as contemplated in our report released rights, as contemplated by § 63.57 of the Hanover, Inc.; and Penn-Mar CATV, I February 3, 1972, 37 F.R. 3252; Recon- Commission’s rules; Inc., and shall cause a copy to be pub­ (2) If such rights are available, to deter­ lished in the F ederal R egister; and I sidération Denied 37 F.R. 13848 July 14, mine the reasonableness of the charges im­ I 1972. We stated there our belief that posed by United Telephone Company of 33. It is further ordered, That inter­ I cable television had come of age, and Pennsylvania; * ested parties may avail themselves of an I that the time had come for it to realize , (3) To determine whether United Tele­ opportunity to be heard by filing with I some of its great potential within a na- phone Company of Pennsylvania has imposed the Commission, pursuant to § 1.221(c) v I tiona! communications structure (report, restrictions on the uses that may be made of of the Commission’s rules on or before I paragraph 117). We also concluded that any CATV cable attached to its poles and April 18, 1973, a written notice stating I cable television is an emerging technol- whether such restrictions are “undue” within the meaning of § 63.57 of the Commission’s an intention to appear on the date set ■ ogy that promises a communications rev- rules; and for hearing and present evidence on the ■ olution (report, paragraph 189), and (4) To determine whether United Tele­ issues specified in this memorandum I while our regulatory pattern must evolve phone Company of Pennsylvania, in con­ opinion and order. I as cable evolves, nevertheless we con- nection with the provision of cable televi­ ■ sidered the state of the art to be suffi- sion service In the Hanover, Pa., area has Adopted: March 21,1973. ■ ciently well developed now to require engaged in any practices which are: Released: March 29, 1973. I that there be built into cable systems the (a) Anticompetitive or monopolistic; or I capacity for return communications on (b) Contrary to the public interest stand­ F ederal Communications ■ at least a nonvoice basis. “Two-way com- ards of the Communications Act; or Commission, (c) In violation of any rule, decision, of [seal] Ben F. Waple, ■ munication, even rudimentary in nature, policy of the Federal Communications Com­ Secretary, ■ can be useful in a number of ways for mission. I surveys, marketing services, burglar (5) To determine in light of the facts ad­ [FB Doc.73-6258 Filed 3-30-73;8:45 am] I alarm devices, educational feedback, to duced at the hearing (a) whether the pub­ I name a few.” (report, paragraph 128). lic convenience and necessity require a grant FEDERAL POWER COMMISSION I While we did not require return com- of the application of the United Telephone Company of Pennsylvania; and (b) if so, [Dockets Nos. BI71-691 and BI73-70] ■ munication devices at each subscriber whether any conditions should be imposed on ■ terminal,, we considered it sufficient that AMOCO PRODUCTION CO. ■ each cable system be built with the po- such a grant; and ■ tential of eventually providing return 27. It is further ordered, That the bur­ Order Denying Motion for Deferral of I communication without having to engage den of proceeding and the burden of Hearing ■ in time-consuming and costly system re- proof on Issues (1), (2), (3), and (5) March 23, 1973. ■ building (report, paragraph 129). is upon United Telephone Company of Amoco Production Co. (Amoco), moved 25. In addition to our recent policy Pennsylvania; and the burden of pro­ at a prehearing conference on Decem­ ■ statements there is the matter of the ceeding and the burden of proof on ber 12, 1972, that the hearing in this ■ pole attachment policy set out in § 63.57 Issue (4) is upon Radio Hanover, Inc. consolidated proceeding be deferred until ■ of our rules, and whether United Tele- 28. It is further ordered, That Radio the U.S. Court of Appeals for the Tenth ■ phone has complied with it. Section 63.57 Hanover, Inc.; Penn-Mar CATV, Inc.; Circuit issues a decision in the litigation Provides, inter alia, that applications and the Chiefs of the Common Carrier entitled Amoco Production Co. v. Federal filed by telephone companies for section and Cable Television Bureaus are made Power Commission, Case No. 72-1680.1 [214 certificates to construct or operate parties to this proceeding; and Amoco claimed, in substance, that the channel distribution facilities for CATV 29. It is further ordered, That the litigation involves the justness and | systems must contain a showing that the hearing will be held at the Commission’s reasonableness and consequent legality I independent CATV system proposed to be offices in Washington, D.C., on a date, of a contractual provision, that this served had available at its option, and and before an Administrative Law proceeding involves an interpretation of within technical feasibility, pole attach­ Judge, to be specified in a subsequent that provision, and, consequently, that Iment (or conduit) rights at reasonable Commission order; and this proceeding will become moot if charges and without undue restrictions 30. It is further ordered, That if Case Amoco prevails and the Court of Appeals on the uses that may be made of the No. 9875, “Radio Hanover, Inc.” v. holds the contractual provision to be un­ channels by the CATV operator. Thé fact “United Utilities, Inc. et al.”, is still lawful. Presiding Administrative Law Ithat United Telephone filed its applica­ pending in the United States District tion before May 1, 1970 is of no signifi- Court for the Middle District of Penn­ lance, because the note to the rule pro- sylvania at the time that a final deci­ 1 We take, official notice: (1) Of the tran­ ■ vides that applications filed before that script of the prehearing conference; (2) that ■ date may be granted if the Commission sion is rendered in this proceeding, and such litigation was docketed on Oct. 16, 1972; if such final decision grants the pending (3) that we have filed with the court the ■ is satisfied that the CATV system pro- record upon which the Commission order I üüiSe(* k° served now has available such application of United Telephone, such complained of was entered; and (4) that the 1 H I*-!? ,a^ acilment or conduit rights, and grant will be conditional upon the out­ court, by order issued Jan. 3,1973, set a brief­ ■ tiu desires channel service. We are per­ come of that lawsuit; and ing schedule running into June 1973.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8478 NOTICES

Judge William C. Levy denied the motion from going forward with administrative This proceeding is now scheduled for without prejudice to Amoco’s privilege proceedings while related controversies hearing on April 4, 1973. It is apparent to seek the same relief from the Com­ involving the same parties are under­ that granting Staff’s motion would ren­ mission. going judicial review. Amoco would have der any hearing unnecessary, and other On January 22,1973, Amoco filed a mo­ us follow a course which would prevent action taken by the Commission in re- tion seeking the same relief from us, sub­ our functioning effectively, for it would sponse to the motion might affect the ject to certain exceptions, and claiming have us stay this and other possible pro­ course of the hearing. Under these cir­ that some of the Issues before the Court ceedings not only for the indefinite period cumstances we find the hearing should of Appeals are the same as, or are related of time necessary for review by the Court be postponed for 3 weeks pending a de­ to, the issues in this proceeding. Amoco of Appeals, but until all rights to further termination by the Commission upon the also claims that the court’s jurisdiction judicial review are exhausted. motion. Since the relief sought by Caro­ has become exclusive under section 19(b) Amoco concedes (Tr. 7) that this pro­ lina is for the purpose of alleviating gas of the Natural Gas Act; that there is a ceeding should go forward if it does not shortages in cold weather, there will re­ substantial possibility that Amoco will be prevail in the Court of Appeals. And main ample time for hearing before ac­ upheld by the Court of Appeals, thereby Phillips may be affected adversely, as a tion must be taken. mooting this proceeding; that unless the deferral could enable Amoco to collect, We express no opinion at this time hearing is held after the court issues its subject to refund, moneys which Phillips upon the merits of Staff’s motion. decision the hearing will be colored to could otherwise use or refrain from The Commission orders: the prejudice of Amoco; and that its cor­ borrowing. The hearing scheduled for April 4, porate opponent, Phillips Petroleum Co. The Commission orders: 1973, in this proceeding is deferred until (Phillips), would not be prejudiced by a The motion filed by Amoco Produc­ April 25, 1973, at the same time and deferral. tion Co., on January 22, 1973, to defer place. Phillips responded on January 31,1973, this consolidated proceeding until the By the Commission. asking that Amoco’s motion be denied U.S. Court of Appeals for the Tenth Cir­ and pointing out that it requests a stay cuit issues a decision in the litigation [seal] K enneth F. P lumb, for an indefinite period of time. Phillips entitled Amoco Production Co. v. Federal Secretary. claims that the Court of Appeals’ deci­ Power Commission, Case No. 72-1680, [PR Doc.73-6211 Piled 3-30-73;8:45 am] sion may not be dispositive of this pro­ is denied. ceeding and, in addition, that it (Phil­ By the Commission. [Docket No. RP71-17] lips) would be prejudiced because it would have to pay higher rates during the [seal] K enneth F. P lumb, CENTRAL TELEPHONE & UTILITIES CORP. period of deferral, albeit subject to re­ Secretary, AND NORTHERN NATURAL GAS CO. fund by Amoco. [PR Doc.73-6203 Filed 3-30-73;8:45 am] Notice of Filing of Complaint and Response In our opinion, Amoco has not carried Thereto its burden under §§ 1.13 (e) and (f) of l Docket No. E-7775] March 26, 1973. our rules of practice and procedure of es­ tablishing good cause for an indefinite APPALACHIAN POWER CO. Take notice that on September 28, stay of this proceeding. And while Am­ 1970, Central Telephone & Utilities Corp. Notice of Further Extension of Procedural (Central), filed a complaint against oco’s motion is deemed under § 1.12(e) to Dates and Postponement of Hearing have been denied by the absence of for­ Northern Natural Gas Co. (Northern), mal action within 30 days, we prefer to M arch 26, 1973. alleging that Northern had violated its set forth in this order the reasons for our On March 19, 1973, the Commission FPC Gas Tariff and the Commission’s denial. Staff Counsel filed a motion for a order issued November 25,1969, in Dock­ Although the Administrative Law further extension of the procedural dates et No. CP68-193 (phase II), 42 FPC 1034, Judge admitted into evidence a copy of established by order issued October 20, by tendering a Service Agreement for the docketing statement which Amoco 1972, and modified by notices issued on “CD” Rate Schedules with Central, had filed to commence the judicial re­ January 16, 1973, and March 19, 1973. which Central executed under protest. view entitled Amoco Production Co. v. Upon consideration, notice is hereby Central alleges that Northern’s past Federal Power Commission, Case No. 72- given that the procedural dates in the practice was to execute a new service 1680, we cannot find fault, as Amoco above matter are further modified as agreement each fall which contained the follows: total contract demand and canceled pre­ would have us do, with the fact that he vious contracts, between the parties. did not consider Amoco’s claims in such Staff’s evidence service date, April 27, 1973. However, in July 1970, Northern ten­ statement in connection with his deci­ Prehearing conference, May 8, 1973, 10 a.m., sion upon its motion for a deferral. We e.d.t. dered a service agreement which did not believe that Judge Levy could hardly Interveners’ service date, May 14, 1973. modify the terms of the existing service Company rebuttal service date, May 29, 1973. agreement but merely provided for a have acted fairly without also consider­ Hearing, June 12, 1973, 10 a.m., e.d.t. separate service agreement which gave ing any responsive pleadings and, conse­ Central 2,253 Mcf contract demand per quently, determining as a collateral mat­ K enneth F. P lump, day for 15 years until October 29, 1985. ter in this proceeding the issues which Secretary. The existing service agreement due to are now before the Court of Appeals. [PR Doc.73-6199 Filed 3-30-73;8:45 am] Judge Levy acted properly in refrain­ expire on October 27, 1984, which pro­ ing from such a determination as he must vided for 130,622 Mcf contract demand [Docket No. RP73-70] per day was not modified. Thus Central continue to follow our order as precedent now has a “basic” agreement plus an until such time as it may be modified or CAROLINA PIPELINE CO. v. TRANSCONTI­ additional agreement for incremental set aside by the Court of Appeals or NENTAL GAS PIPE LINE CORP. gas as opposed to a single agreement for higher authority. Order Deferring Hearing all of its contract demand. While section 19(b) of the Natural Gas March 23, 1973. On October 19, 1970, Northern filed Act gives the court exclusive jurisdiction its response requesting dismissal of Cen­ “to affirm, modify or set aside” “the or­ On March 1, 1973, the Commission tral’s complaint and alleging inter alia, der complained of,” that provision does Staff filed a motion to dismiss the com­ that Northern’s action was consistent not, as Amoco apparently contends, de­ plaint in this proceeding. Answers to the with its FPC Gas Tariff and with the prive us or the Administrative Law Judge motion were filed by Carolina Pipeline above mentioned - Commission’s order of jurisdiction to make decisions which Co. (Carolina), on March 5,1973, and by issued November 25, 1969. may be affected directly or indirectly by the Commissioners of Public Works of Any person desiring to be heard or judicial action upon an order which is Greenwood, S.C., on March 12,1973. The to protest said complaint should file a being reviewed. Nor can we find in the time for such answers expired March 16, petition to intervene or protest with the statutory language a policy to refrain 1973. Federal Power Commission, 441 G Street

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 NOTICES 8479

NW., Washington, DC 20426, in accord­ the peak day and winter season gas re­ gas account for the period of August 1972 ance with §§1.8 and 1.10 of the Com­ quirements of its existing customers. through January 1973, due to rate m ission’s rules of practice and procedure The total estimated cost of the subject changes and the jurisdictional effect of (18 CFR 1.8, 1.10). All such petitions or proposal is $6,236,690, which cost, Appli­ the refunds received by Consolidated protests should be filed on or before cant states, will be financed from cur­ during that period. Further, Consolidated April 6, 1973. Protests will be considered rent working funds on hand, funds from states that this filing is made in accord­ by the Commission in determining the operations, short-term borrowings, or ance with the provisions of § 12.7, Unre­ appropriate action to be taken; but will long-term financing. covered Purchased Gas Cost Account, not serve to make protestants parties to Any person desiring to be heard or to and § 12.10, Flow Through of Supplier the proceeding. Any person wishing to make any protest with reference to said Refunds, of its purchased gas adjustment become a party must file a petition to application should on or before April 16, clause. intervene. Copies of this complaint are 1973, file with the Federal Power Com­ Consolidated states that copies of this on file with the Commission and are mission, Washington, D.C. 20426, a peti­ filing were served on each of its jurisdic­ available for public inspection. tion to intervene or a protest in accord­ tional customers and interested State K enneth P. P lxjmb, ance with the requirements of the Com­ commissions. Secretary. mission’s rules of practice and procedure Any person desiring to be heard or to (18 CFR 1.8 or 1.10) and the regulations protest said application should file a peti­ [FR Doc.73-6201 Filed 3-30-73;8:45 am] under the Natural Gas Act (18 CFR tion to intervene or protest with the Fed­ 157.10). All protests filed with the Com­ eral Power Commission, 441 G Street [Docket No. CP73-237] mission will be considered by it in deter­ NW., Washington, DC 20426, in accord­ COLORADO INTERSTATE CORP. mining the appropriate action to be ance with §§ 1.8 and 1.10 of the Com­ taken but will not serve to make the mission’s rules of practice and procedure Notice of Application protestants parties to the proceeding. (18 CFR 1.8, 1.10). All such petitions or M arch 26, 1973. Any person wishing to become a party to protests should be filed on or before April Take notice that on March 16, 1973, a proceeding or to participate as a party 4, 1973. Protests will be considered by Colorado Interstate Gas Co., a division in any hearing therein must file a peti­ the Commission in determining the ap­ of Colorado Interstate Corp. (Applicant), tion to intervene in accordance with the propriate action to be taken, but will not Post Office Box 1087, Colorado Springs, Commission’s rules. serve to make protestants parties to the CO 80944, filed in Docket No. CP73-237 Take further notice that, pursuant to proceeding. Any person wishing to be­ an application pursuant to section 7(c) the authority contained in and subject come a party must file a petition to of the Natural Gas Act for a certificate to the jurisdiction conferred upon the intervene. Copies of this application are of public convenience and necessity au­ Federal Power Commission by sec­ on file with the Commission and are thorizing the Construction and opera­ tions 7 and 15 of the Natural Gas Act available for public inspection. and the Commission’s rules of practice tion of certain facilities necessary over K enneth F. Plumb, a period of 4 years to develop, maintain, and procedure, a hearing will be held without further notice before the Com­ Secretary. and operate the Boehm Field in Morton [FR Doc.73-6200 Filed 3-30-73;8:45 am] County, Kans., as an underground gas mission on this application if no petition storage reservoir, all as more fully set to intervene is filed within the time re­ forth in the application which is on file quired herein, if the Commission on its [Docket No. CI73-612] with the Commission and open to pub­ own review of the matter finds that a lic inspection. grant of the certificate is required by McCORD-GOODRICH OIL CO. The application sets forth the follow­ the public convenience and necessity. If Notice of Application a petition for leave to intervene is timely ing proposals over a 4-year period begin­ M arch 23,1973. ning in 1973 to develop the subject stor­ filed, or if the Commission on its own age field: motion believes that a formal hearing Take notice that on March 8, 1973, (1) Year 1973—Acquire the Boehm is required, further notice of such hear­ Chas. T. McCord, Jr., and Henry Good­ Field from Cities Service Oil Co.; convert ing will be duly given. rich, doing business as McCord-Goodrich three existing gas wells to storage use Under the procedure herein provided Oil Co. (Applicant), 1705 Beck Building, and drill three new storage wells; drill for, unless otherwise advised, it will be Shreveport, La. 71101, filed in Docket No. one water disposal well; construct a 9.1- unnecessary for Applicant to appear or CI73-612 an application pursuant to sec­ mile, 16-inch pipeline; and construct a be represented at the hearing. tion 7(c) of the Natural Gas Act for a meter station and building, plus gather­ certificate of public convenience and ing and miscellaneous support facilities. K enneth F. P lumb, necessity authorizing the sale for resale (2) Year 1974—Drill and connect nine Secretary. and delivery of natural gas in interstate new storage wells, convert five existing [FR Doc.73-6202 Filed 3-30-73;8:45 am] commerce to United Gas Pipe Line Co. wells for storage observation use, drill from the Bourg Field, Terrebonne Parish, La., all as more fully set forth in the ap­ one water disposal well, and Construct a [Docket No. RP72-157] central dehydration plant. plication which is on file with the Com­ (3) Year 1975—Drill and connect nine CONSOLIDATED GAS SUPPLY CORP. mission and open to public inspection. new storage wells and convert an exist­ Proposed Changes in Rates and Charges Applicant proposes to sell gas at $0.45 ing 2,000 horsepower compressor unit at per Mcf at 15.025 p.s.i.a. within the con­ Applicant’s Morton County Compressor March 26,1973. templation of § 2.70 of the Commission’s Station to storage use. Take notice that Consolidated Gas general policy and interpretations (18 (4) Year 1976—Drill and connect Supply Corp. (Consolidated) tendered CFR 2.70) for 1 year from May 9, 1973, sight new storage wells. for filing on March 15, 1973, proposed the expiration date of Applicant’s present Applicant states that development is changes in its FPC Gas Tariff, First Re­ authorization in Docket No. CI72-577. to be completed by the 1976-77 heating vised Volume No. 1. The filing consists By order of May 2, 1972, Applicant was season at which time peak day with­ of a proposed Seventeenth Revised Sheet authorized to sell gas at $0.35 per Mcf at drawals of 120,000 Mcf are contemplated. No. 8 which contains a surcharge credit 15.025 p.s.i.a. Applicant requests authority to operate of $0.0374 per Mcf. The surcharge credit Any person desiring to be heard or to the field up to a maximum reservoir vol­ is proposed to be in effect for six months make any protest with reference to said ume of 29,500,000 Mcf and a maximum from May 1973 to October 1973, and will application should on or before April 16, reservoir pressure of 1,441 p.s.i.a., with reduce Consolidated’s jurisdictional rev­ 1973, file with the Federal Power Com­ ultimate annual withdrawals of 10,000,- enues during that period by an estimated mission, Washington, D.C. 20426, a peti­ 000 Mcf. $8.5 million. tion to intervene or a protest in accord­ ’-P 1®. application indicates that the Consolidated states that the surcharge ance with the requirements of the Com­ ?? of the Proposed Boehm Stor- credit reflects the effect of amounts ac­ mission’s rules of practice and procedure 8e Field will assist Applicant in meeting cumulated in its unrecovered purchase (18 CFR 1.8 or 1.10). All protests filed

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8480 NOTICES with the Commission will be considered file with the Commission and are avail­ 1 and No. 2 to adopt the equity method by it in determining the appropriate ac­ able for public inspection. of accounting for long-term investments tion to be taken but will not serve to K enneth F. P lumb, in subsidiaries. make the protestants parties to the pro­ Secretary. The Montana Power Co. filed oh March ceeding. Any person wishing to become a 2, 1973, a petition for rehearing of our party to a proceeding or to participate as [FR Doc.73-6275 Filed 3-30-73;8:45 am] Order No. 469 issued on February l, a party in any hearing therein must file 1973 (38 FR 4246), in the above- a petition to intervene in accordance [Docket No. E-8079] captioned proceedings. with the Commission’s rules. The petition raises issues which re­ Take further notice that, pursuant to MISSISSIPPI POWER & LIGHT CO. quire additional time for their full resolu­ the authority contained in and subject to Proposed Changes in Rates and Charges tion. We will therefore grant the peti­ the jurisdiction conferred upon the Fed­ March 26, 1973. tion for rehearing solely for the purpose eral Power Commission by sections 7 and of allowing us to give full and adequate 15 of the Natural Gas Act and the Com­ Take notice that Mississippi Power & consideration to the matters set forth mission’s rules of practice and proce­ Light Co. (MPL) on March 15, 1973, therein. dure, a hearing will be held without fur­ tendered for filing an agreement for pur­ The Commission orders: chase of power dated June 15, 1972, ther notice before the Commission on The petition for rehearing filed by this application if no petition to in­ covering a delivery of power from MPL to Southern Pine Electric Power Montana Power Co. is granted for pur­ tervene is filed within the time re­ poses of further consideration. quired herein, if the Commission on Association near Monticello, Miss., and its own review of the matter finds that a supplemental operating agreement By the Commission. dated July 12, 1962. MPL states that on its own review of the matter finds that [seal] K enneth F. Plumb, a grant of the certificate is required by its Rate Schedule REA-11 incorpo­ Secretary. the public convenience and necessity. If rated in the agreement filed here­ a petition for leave to intervene is timely with was heretofore filed with this [FR Doc.73-6210 Filed 3-30-73;8:45 am] filed, or if the Commission on its own Commission on November 16, 1970, as motion believes that a formal hearing is MPL’s service rate schedule applicable [Docket No. E-7942] to all existing and new points of delivery required, further notice of such hearing NANTAHALA POWER & LIGHT CO. will be duly given. and is the currently effective tariff for Under the procedure herein provided service to electric power associations. Order Accepting for Filing The proposed date of initial service in for, unless otherwise advised, it will be M arch 23,1973. unnecessary for Applicant to appear or June 1, 1973. MPL requests the Com­ be represented at the hearing. mission to accept this filing as effective On December 29, 1972, as completed on the date on which service may be on February 26, 1973, Nantahala Power K enneth F. P lumb, rendered initially. MPL states that it will & Light Co. (Nantahala) tendered for Secretary. advise the Commission of the date of filing proposed changes in its FPC Elec­ [FR Doc.73—6209 Filed 3-30-73;8:45 am] initial service hereunder. MPL also states tric Tariff, Original Volume No. I 1 to that it will have estimated sales of become effective on March 29, 1973. The 6,448,000 kw.-hr. and estimated revenues proposed change would increase revenues [Docket No. RP72-129] of $58,560.39 for the first 12 months of from jurisdictional sales and service by MID LOUISIANA GAS CO. operation. MPL further states that a copy $35,325 and would yield a rate of return of this transmittal letter has been mailed on jurisdictional service of approxi­ Notice of Proposed Change in Tariff: to Southern Pine Electric Power Associa­ mately 4.79 percent based upon sales for March 27, 1973. tion. the 12-month period ending December Take notice that on March 12, 1973, Any person desiring to be heard or 31, 1971, as adjusted. Mid Louisiana Gas Co. (Mid Louisiana) to protest said application should file a Notice of the proposed change was tendered for filing as a part of First petition to intervene or protest with the issued on January 19,1973. A protest was Revised Volume No. 1 of its FPC Gas Federal Power Commission, 441 G Street received from the town of Highlands, Tariff, the tariff sheet listed below: NW., Washington, DC 20426, in accord­ N.C. (Highlands), and a joint petition to First Revised Sheet Superseded sheet ance with §§ 1.8 and 1.10 of the Com­ intervene was received from the North No. 34______Original Sheet No. 34 mission’s rules of practice and procedure Carolina Electric Membership Corp. and (18 CFR 1.8, 1.10). All such petitions or Haywood Electric Membership Corp. The proposed tariff sheet is for the protests should be filed on or before (EMC’s) which requests rejection of the purpose of updating the Index of Pur­ filing or, alternatively, suspension of the chasers and no change in rate level to April 12,1973. Protests will be considered filing for 5 months and the setting of a Mid Louisiana’s customers is proposed by by the Commission in determining the hearing thereon. All parties cite the size this tariff filing. appropriate action to be taken, but will of the increase as the basis for their Mid Louisiana requests that First Re­ not serve to make protestants parties to pleadings. Since Highlands has alleged, vised Sheet No. 34 be allowed to become the proceeding. Any person wishing to be­ in effect, that the proposed increase may effective April 16, 1973. come a party must file a petition to in­ be unjust and unreasonable, we shall Any person desiring to be heard or to tervene. Copies of this application are construe its protest as a petition to protest said application should file a peti­ intervene. tion to intervene or protest with the Fed­ on file with the Commission and are In order to determine the necessity of eral Power Commission, 441 G Street available for public inspection. any evidentiary proceeding, the Commis­ NW., Washington, D.C. 20426, in accord­ K enneth F. P lumb, sion requests that the Commission staff, ance with §§ 1.8 and 1.10 of the Commis­ Secretary. Highlands, and the EMC’s submit offers sion’s rules of practice and procedure (18 [FR Doc.73-6198 Filed 3-30-73;8:45 am] of proof within 30 days from the issuance CFR 1.8, 1.10). All such petitions or of this order to support their position as to the lawfulness of the rates. Within 15 protests should be filed on or before [Docket No. R-395] days from the service of such offers of April 10,1973. Protests will be considered proof, Nantahala may file its answer to by the Commission in determining the MONTANA POWER CO. such pleadings. Upon review of the plead­ appropriate action to be taken, but will Order Granting Rehearing for Purposes of ings, the Commission will determine if a not serve to make protestants parties Further Consideration full evidentiary hearing is justified and to the proceeding. Any person wishing to M arch 23,1973. become a party must file a petition to in­ Revisions in Uniform Systems of Ac­ 1 First Revised Sheets Nos. 4, 5, 6, 7, and 18 tervene. Copies of this application are on counts, and Annual Report Forms No. and Second Revised Sheet No. 19.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 NOTICES 8481 I set such procedural dates as may be Federal Power Act and the regulations To enable O&R to reduce its charges I necessary. thereunder. for service to Rockland and Pike between The Commission finds: By the Commission. April 6, 1973, and the effective date of (1) Consideration of the protest of any settlement or other disposition of the I Highlands as a petition to intervene may [seal] K enneth F. P lumb, issues in this proceeding, O&R requests I be in the public interest. Secretary. that these filings be given expedited (2) Participation in this proceeding of [FB Doc.73-6205 Filed 3-30-73;8:45 am] treatment and that the notice require­ I Highlands and the EMC’s may be in the ments of § 35.3 of the Commission’s regu­ I public interest. lations be waived pursuant to § 35.11. (3) It is necessary and proper in the [Docket No. E-7737] Any person desiring to be heard or to I public interest and to aid in the enforce- ORANGE & ROCKLAND UTILITIES, INC. protest said application should file a pe­ I ment of the provisions of the Federal tition to intervene or protest with the I Power Act that the Commission request Filing of Letter Agreements Federal Power Commission, 441 G Street, I offers of proof from the above-named March 27, 1973. NW., Washington, DC 20425, in accord­ I petitioners and the Commission staff Take notice that on March 20, 1973, ance with §§ 1.8 and 1.10 of the Commis­ I concerning the lawfulness of Nantahala Orange & Rockland Utilities, Inc. sion’s rules of practice and procedure ■ proposed changes in rates and charges (O&R) tendered for filing a letter agree­ (18 CFR 1.8, 1.10). All such petitions or I contained in the proposed tariff sheets ment between O&R and Rockland Elec­ protests should be filed on or before ■ listed in footnote 1, and that the tendered tric Co. (Rockland), dated March 15, April 6, 1973. Protests will be considered I changes therein be suspended and the 1973, and Pike County Light & Power by the Commission in determining the I use thereof deferred as hereinafter Co.. (Pike). These letter agreements appropriate action to be taken, but will ■ provided. amend outstanding contracts between not serve to make protestants parties to (4) The placing of the tariff changes the parties providing for the sale of the proceeding. Any person wishing to I applied for in this proceeding into effect, power by O&R to its wholly owned sub­ become a party must file a petition to ■ subject to refund with interest while sidiary, Rockland, and to Pike. The con­ intervene. Copies of this filing are on I pending Commission determination as tracts are the subject of Docket No. file with the Commission and are avail­ I to their justness and reasonableness, is E-7737. able for public inspection. ■ consistent with the purpose of the Eco- On June 2, 1972, O&R tendered for fil­ ■ nomic Stabilization Act of 1970, as ing a proposed amendment to the con­ K enneth F. P lumb, n amended. tract which would have increased the Secretary. The Commission orders : rate of return thereunder to 9 percent. [FR Doc.73-6278 Filed 3-30-73;8:45 am] On October 6, 1972, O&R tendered an additional amendment to the contracts [Project 77] (A) The proposed revised tariff sheets which would have included in O&R’s J listed in footnote 1, tendered for filing on plant investment allocable to Rockland PACIFIC GAS & ELECTRIC CO. ■ December 29,1972, are accepted for filing and Pike a portion of O&R’s plant under I(B) EMC’s motion to reject is hereby Notice of Issuance of Annual License l | subject to the terms and conditions of construction. The effective date of these 11 thisdenied. order. changes was postponed until April 6, March 27, 1973. (C) The protest of the town of High­ 1973, by the Commission’s order of No­ On May 1, 1970, Pacific Gas & Elec­ lands, N.C., filed in-this proceeding con­ vember 3, 1972. tric Co., Licensee for Potter Valley Proj­ stitutes a petition to intervene in this O&R states that it feels that a settle­ ect No. 77 located on the Eel and Russian proceeding. ment can be achieved in this docket. Rivers in the Mendocino National For­ (D) The petitions to intervene are O&R now proposes that such a settle­ est, Lake and Mendocino Counties, Calif., filed by Highlands and the EMC’s are ment include reduction of the rate of filed an application for a new license hereby granted subject to the Commis­ return from 9 percent to 8.3 percent, and under section 15 of the Federal Power sion’s rules of practice and procedure; deletion of the provision for including Act and Commission regulations there­ Provided, however, The participation of plant under construction in plant under (§§ 16.1-16.6). ¡such intervenors shall be limited to mat­ investment. The license for Project No. 77 was ters affecting asserted rights and inter­ Since the contract now on file will be­ issued effective April 15, 1922, for a pe­ est specifically set forth in their peti- come effective on April 6,1973, and since riod ending April 14, 1972. In order to Itions to intervene; and Provided, further, any settlement cannot be finalized and authorize the continued operation of the That the admission of such intervenors approved prior to April 6, 1973, the in- * project pursuant to section 15 of the Act n°t be construed as recognition by stant filing is being made in order to pending completion of licensee’s appli­ the Commission that they might be ag­ reduce the rate of return under the sub­ cation and Commission action thereon grieved by any orders entered in this ject contract to 8.3 percent and to ex­ it is appropriate and in the public inter­ proceeding. clude plant under construction from est to issue an annual license to Pacific (E) No more than thirty (30) days plant investment, both effective as of Gas & Electric Co. for continued opera­ alter the issuance of this order, the April 6,' 1973. If this filing is accepted tion and maintenance of Project No. 77. Commission Staff and the above-named by the Commission the effect will be to -Take notice that an annual license is intervenors shall submit offers of proof reduce the rates and charges to Rock­ issued to Pacific Gas & Electric Co. ^ the lawfulness of the proposed rate land pending any settlement. increases from which the Commission (Licensee) under section 15 of the Fed­ O&R states that a copy of the instant eral Power Act for the period April 15, can make a filing as to the necessity of letter agreement has been supplied to an evidentiary hearing. Rockland Electric Co., the New Jersey 1973, to April 14, 1974, or until Federal L(P) Not more than fifteen (15) days Board of Public Utility Commissioners takeover, or the issuance of a new li­ ™ the service of such offers of proof, cense for the project, whichever comes ntahala may file its answer to such and the New York State Public Service Pleadings. Commission. With respect to Pike, O&R first, for the continued operation and states that a copy of the letter agree­ maintenance of the Potter Valley Project _?endin& a final decision in this ment has been supplied to Pike, the No. 77 subject to the terms and condi­ Nantahala’s proposed re- Pennsylvania Public Utility Commission LnJ!? sheets listed in footnote 1 are and the New York Public Service Com­ tions of its present license. iimHi6»*61* the use thereof deferred mission. The filing includes a certificate K enneth F. P lumb, J S n i ^ ch 30’ 1973* subj<*t to refund of concurrence from Pike and from Secretary. P P rided by section 205(e) of the Rockland. [FR Doc.73-6273 Filed 3-30-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8482 NOTICES [Docket No. E-7978] tion of Applicant’s main Sedro Woolley Federal Power Commission, 441 G Street PUBLIC SERVICE ELECTRIC & GAS CO. 230 kv. line to Bonneville system approx­ NW., Washington, DC 20426, in accord- imately 1 mile northeast of Bonneville’s ance with §§ 1.8 and 1.10 of the Commis­ Proposed Changes in Rates and Charges Snohomish substation. The facility is sion’s rules of practice and procedure (18 March 27, 1973. designated Sedro Woolley Tap Line I- CFR 1.8, 1.10). All such petitions or pro­ Take notice that Public Service Elec­ WASH-815. tests should be filed on or before April lo, tric & Gas Co. (PSEG) on January 15, The application states in part that on 1973. Protests will be considered by the 1973, tendered for filing a supplemental January 19, 1967, the Applicant and Commission in determining the appro­ agreement dated December 1, 1972, be­ Bonneville entered into a letter agree­ priate action to be taken, but will not tween Philadelphia Electric Co. (PEC) ment which outlined and coordinated the serve to make protestants parties to the and PSEG, supplementing an intercon­ parties future 230 kv. transmission line proceeding. Any person wishing to be­ nection agreement between PEC and construction plan and the Puget Sound come a party must file a petition to PSEG dated January 13, 1956, as sup­ area, including the suhject line. Pursu­ Intervene. Copies of this application are plemented (PSEG FPC Rate Schedule ant to that agreement a transfer agree­ on file with the Commission and are No. 22). PSEG states that the documents ment relating to the monthly rent to be available for public inspection. submitted herewith are enumerated as paid by the Applicant for the use of the K enneth F. P lumb, follows: subject line was executed April 12, 1968. Secretary. 1. Supplemental agreement between This agreement became effective Decem­ [FR Doc.73-6274 Filed 3-30-73;8:45 am] PEC and PSEG dated December 1, 1972, ber 16, 1967, and the subject line has supplementing the interconnection been in continuous service by the Ap­ agreement dated January- 13, 1956, as plicant at that time. During the period [Dockets Nos. RP71-29, RP71-120] supplemented. of the agreement Applicant has been UNITED GAS PIPE LINE CO. 2. Schedule 1.01 describing the facili­ making monthly payments for the use of ties provided by PEC. the line. Proposed Tariff Filing 3. Schedule 201 describing the facili­ In October 1972, the Company made March 27,1973. ties provided by PSEG. the formal offer to purchase the line, Take notice that on March 13, 1973,! 4. Schedule 3.01, shows the determina­ which was accepted by the General Serv­ United Gas Pipe Line Co. (United), pur­ tion of the revised monthly settlement ice Administration. In addition Bonne­ suant to Opinion No. 647 issued in these under the terms and conditions of said ville has declared that the subject line dockets on January 12, 1973, filed revised supplemental agreement. to be in excess of its needs. Upon pur­ tariff sheets1 to its FPC Gas Tariff, First PSEG requests that the supplemental chase of line by the Applicant there will Revised Volume No. 1. The revised tariff agreement and the schedules attached be no change in its operation. sheets shall become effective upon Com­ be allowed to become effective as of the Any person desiring to be heard or to mission order accepting said filing. The date of regular service which occurred make any protest with reference to said changes contained in these tariff sheets on April 3, 1971. application should on or before April 2, embody United’s amended curtailment Any person desiring to be heard or to 1973, file with the Federal Power Com­ plan, which is set forth in a new section protest said application should file a peti­ mission, Washington, D.C. 20426, peti­ 12 of the General Terms and Conditions. tion to intervene or protest with the Fed­ tions to intervene or protests in ac­ United also submits a proposed interim eral Power Commission, 441 G Street cordance with the requirements of the curtailment program, which it intends to NW., Washington, DC 20426, in accord­ Commission’s rules of practice and effectuate should the Commission order ance with §§ 1.8 and 1.10 of the Commis­ procedure (18 CFR 1.8 or 1.10). All pro­ curtailment under the five priorities in sion’s rules of practice and procedure tests filed with the Commission will be FPC Opinion No. 647 prior to compilation (18 CFR 1.8, 1.10). All such petitions or considered by it in determining the of end use data. protests should be filed on or before appropriate action to be taken but will The above describes, in part, United’s April 12, 1973. Protests will be consid­ not serve to make the protestants parties instant filing. The complete proposal is ered by the Commission in determining to the proceeding. Persons wishing to on file with the Commission and is avail­ the appropriate action to be taken, but become parties to a proceeding or to able for public inspection. will not serve to make protestants par­ participate as a party in any hearing United states that copies of the filing ties to the proceeding. Any person wish­ therein must file petitions to intervene have been mailed to State commissions ing to become a party must file a peti­ in accordance with the Commission’s and all customers and parties shown on tion to intervene. Copies of this applica­ Rules. The application is on file with the its service list. tion are on file with the Commission and Commission and is available for public Any person desiring to be heard or to are available for public inspection. inspection. make any protest with reference to this K enneth F. P lumb, K enneth F. P lumb, filing should on or before April 10, 1973, Secretary. Secretary. file with the Federal Power Commission, [FR Doc.73-6207 Filed 3-30-73;8:45 am] 441 G Street NW., Washington, DC [PR Doc.73-6277 Filed 3-30-73;8:45 am] 20426, petitions to intervene or protests in accordance with the requirements of [Docket No. E-7839] [Dockets Nos. RP72-125, RP72-128] , the Commission’s rules of practice and TRANSWESTERN PIPELINE CO. procedure (18 CFR 1.8 or 1.10). All pro­ PUGET SOUND POWER & LIGHT CO. tests filed with the Commission will be Notice of Application Proposed Tariff Change considered by it in determining the ap­ M arch 23, 1973. March 27,1973. propriate action to be taken but will not Take notice that on November 24,1972, Take notice that on March 12, 1973, serve to make protestants parties to the Puget Sound Power and Light Co. (Ap­ Transwestem Pipeline Co. submitted for proceeding. Persons wishing to partici­ plicant) filed an application pursuant filing as part of its FPC Gas Tariff, First Revised Volume No. 1, the following: pate as parties in any hearing therein to section 203 of the Federal Power Act must file petitions to intervene in accord­ for authorization to purchase Bonneville Fourth Revised Sheet No. 1-A. Power Administration’s Sedro Woolley Fifth Revised Sheet No. 3. ance with the Commission’s rules. Tap Line, a short section of 230 kv. The company states that the purpose K enneth F. P lumb, transmission line for an aggregate total of this filing is to bring up to date the Secretary. price of $300,000. Table of Contents and System Map. The [FR Doc.73-6276 Filed 3-30-73;8:45 am] The facility to be transferred are lo­ proposed effective date of these sheets is cated in Snohomish County in Western April 15,1973. 1 Fourth Revised Sheet No. 71, Sixth Re­ Washington which consist of one section Any person desiring to be. heard or to vised Sheet No. 72, Third Revised Sheet No. of 230 kv. line, 4.43 miles in length, which protest said application should file a 72-A, Original Sheet No. 72-B, and O riginal extends southeasterly from the termina­ petition to intervene or protest with the Sheet No. 72-C. '

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 NOTICES 8483 [Project 400, etc.] mission lines, five 12.5 kv. transmission ning, design, construction and operation WESTERN COLORADO POWER CO. AND lines and two telephone lines. of generation and transmission facilities. UTAH POWER & LIGHT CO. Any person desiring to be heard or to Furthermore, Applicant requests, pur­ make protest with reference to said ap­ suant to § 35.11 of the regulations issued Application for Transfer of Major License, plication should on or before April 30, under the Federal Power Act, that the Minor License, and Minor-Part Transmis­ 1973, file with the Federal Power Com­ Commission waive the 30-day notice re­ sion Line License mission, Washington, D.C. 20426, peti­ quirement of section 205(d) of the Fed­ M arch 26, 1973. tions to intervene or protests in accord­ eral Power Act. Public notice is hereby given that ap­ ance with the requirements of the Com­ Any person desiring to be heard or to plication was filed on January 16, 1973, mission’s rules of practice and procedure make any protest with reference to said under the Federal Power Act (16 U.S.C. (18 CFR 1.8 or 1.10). All protests filed application should on or before March 30, 791a-825r) by the Western Colorado with the Commission will be considered 1973, file with the Federal Power Com­ Power Co. and Utah Power & Light Co. by it in determining the appropriate ac­ mission, Washington, D.C. 20426, peti­ (Correspendence to: Sidney G. Baucom, tion to be taken but will not serve to tions to intervene or protest in accord­ Vice President and General Counsel, make the protestants parties to a pro­ ance with the requirements of the Com­ Utah Power & Light Co., P.O. Box 899, ceeding. Persons wishing to become par­ mission’s rules of practice and proce­ Salt Lake City, UT 84110 and Thomas W. ties to a proceeding or to participate as dure (18 CFR 1.8 or 1.10). All protests Forsgren, Attorney, Utah Power & Light a party in any hearing therein must filed with the Commission will be con­ Co., P.O. Box 899, Salt Lake City, UT file petitions to intervene In accordance sidered by it in determining the appro­ 84110) for transfer of major license, with the Commission’s rules. The appli­ priate action to be taken but will not minor license, and minor part transmis­ cation is on file with the Commission and serve to make the protestants parties to sion line license for Project Nos. 400, 733, is available for public inspection. the proceeding. Persons wishing to be­ and 734. K enneth F. P lumb, come parties to a proceeding or to par­ Utah Power & Light Co. seeks Com­ Secretary. ticipate as a party in any hearing there­ mission authorization to acquire all as­ in must file petitions to intervene in sets together with franchise, rights of [FRDoc.73-6272 Filed 3-3Q-73;8:45 am] accordance with the Commission’s rules. way and certificates of public conven­ The application is on file with the Com­ ience and necessity held and owned by [Docket No. E-7979] mission and available for public inspec­ its wholly owned subsidiary. The Western WISCONSIN MICHIGAN POWER CO. AND tion. Colorado Power Co. Therefore, trans­ WISCONSIN ELECTRIC POWER CO. K enneth F. P lumb, feror and transferee have jointly re­ Secretary. quested that transferor’s licenses for Application for Change in Rate Schedule Project Nos. 400, 733, and 734 be trans­ M arch 23, 1973. [FR Doc.73-6208 Filed 8-30-73:8:45 am] ferred to transferee. Take notice that On January 15, 1973, The Tacoma-Ames Project No. 400 is Wisconsin Michigan Power Co. (Appli­ DEPARTMENT OF LABOR located on the Animas River, Lake Fork cant), filed in Docket No. E-7979, pur­ Wage and Hour Division and Howard’s Fork of the San Miguel suant to § 35.13 of the regulations issued River in La Plata, San Juan and San under the Federal Power Act, an appli­ CERTIFICATES AUTHORIZING THE EM­ PLOYMENT OF FULL-TIME STUDENTS Miguel Counties, Colo. The original ma­ cation for Commission approval of a WORKING OUTSIDE OF SCHOOL HOURS jor license for this project expired on power supply agreement, dated Decem­ AT SPECIAL MINIMUM WAGES IN RE­ June 30, 1970, and the project is cur­ ber 29,1972, between Applicant and Wis­ TAIL OR SERVICE ESTABLISHMENTS rently operating under annual license. consin Electric Power Co. (Wisconsin OR IN AGRICULTURE The Tacoma Development consists of Electric). The aforementioned agree­ five dams, 32,000 feet of conduits, pen­ ment, a copy of which was filed as an Notice is hereby given that pursuant stocks, and flumes diverting water from exhibit to the application, supersedes to section 14 of the Fair Labor Standards Cascade Creek and Cascade Reservoir thq Interconnection and Electric Service Act of 1938 (52 Stat. 1060, as amended, to a powerhouse on the Animas River Agreement, dated August 17, 1966, and 29 U.S.C. 201 et seq.), the regulation on having a generating capacity of 8,000 kw. the amendments thereto, designated in employment of full-time students (29 and two 46 kv. transmission lines. Wisconsin Michigan Power Co. Rate CFR, Part 519), and Administrative The Ames Development consists of Schedule FPC No. 54 and Wisconsin Order No. 621 (36 FR 12819), the estab­ three dams, 23,000 feet of conduits, pen­ Electric Power Co. Rate Schedule FPC lishments listed in this notice have been stocks and a tunnel diverting water from No. 29. The subject agreement became issued special certificates authorizing the Howard’s Fork and Lake Fork of the effective on January 1, 1973. On Janu­ employment of full-time students work­ San Miguel River to a powerhouse on ary 16, 1973, Wisconsin Electric filed a ing outside of school hours at hourly the South Fork of the San Miguel River certificate of concurrence in the appli­ rates lower than the minimum wage rates having a generating capacity of 3,600 kw., cation filed in Docket No. E-7979. otherwise applicable under section 6 of one 46 kv. transmission line and three According to the application, the dif­ the act. While effective and expiration 12.5 kv. transmission lines. ferences between the superseded and the dates are shown for those certificates The Ouray Plant Project No. 733 is new agreement are as follows : issued for less than a year, only the ex­ located on the Uncompahgre River in (a) Elimination of all service sched­ piration dates are shown for certificates Ouray County, Colo. The original minor ules and their specific terms and condi­ issued for a year. The minimum certifi­ ucense expired on April 12, 1970, and tions applicable to the interchange of cate rates are not less than 85 percent the project is currently operating under power and energy. of the applicable statutory minimum. annual license. The Ouray Plant Project (b) Adoption of a system of bulk power The following certificates provide for consists of a diversion dam, 6,100 feet of supply arrangement which would allo­ an allowance not to exceed the propor­ pipeline and penstock and a powerhouse cate equitably between the parties the tion of the total hours worked by full­ containing a 432 kw. generating unit. fixed and variable expenses of the time students at rates below $1 an hour system. ' Project No. 734 is located in Delta, to the total number of hours worked by (c) Elimination of annual fixed aU employees in the establishment dur­ unnison, La Plata, Montrose, Ouray, charges for special terminal facilities ing the base period in occupations of the an Juan and San Miguel Counties, Colo. installed by Wisconsin Electric for the same general classes in which the estab­ e original minor-part transmission benefit of Applicant. (d) Replacement of the activities of lishment employed full-time students at uie license expired on June 30, 1970, wages below $1 an hour in the base year; and no annual license has been issued. the Planning and Operating Committees by Wisconsin-Upper Michigan Sys­ or provide the same standards author­ This project consists of four 46 kv. tems (WUMS), an organization estab­ ized in certificates previously Issued to ransmission lines, eight 17 kv. trans­ lished to promote coordination of plan­ the establishment.

No. 62—Pt. I-----g FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8484 NOTICES Arfsten’s, variety-department store; 314 Hawkins Big Star, foodstore; Somerville, Morgan & Lindsey, Inc., variety-depart­ West 63d, Kansas City, MO; 12-22-73. Tenn.; 1-18-74. ment stores: No. 3063, Thibodaux, La., 1-1- Art’s Super Valu, foodstore; 116 Lindbergh. H. E. B. Food Store, foodstores: No. 94, 74; No. 3041, Kosciusko, Miss., 1-18-74. Drive, Little Palls, MN; 1-31-74. Portland, Tex., 1-8-73 to 1-2-74; No. 67, San G. C. Murphy Co., variety-department B & W Super Market, foodstore; Bethel, Antonio, Tex., 12-30-73. stores, 1-31-74, except a s , otherwise indi­ N.C.; 1-31-74. Hoosier Drugs, drugstore; 1301 119th cated: No. 322, Terre Haute, Ind. (2-4r-74); Barbara Joyce Shoppes, restaurant; Pay­ Street, Whiting, IN; 2-3-74. No. 344, Minneapolis, Minn.; No. 333, Gasto­ ette Plaza, Uniontown, Pa.; 1-10-74. Jack’s Market, foodstore; 214 Main Street, nia, N.C. (1-17-74); No. 69, Lebanon, Ohio; Basha’s, foodstores, 12-31-73, except as Fowler, CO; 1-13-74. No. 804, Youngstown, Ohio; No. 346, Ander­ otherwise indicated: No. 4, Casa Grande, Just Rite, Inc., restaurants, 1-29-74: 103 son, S.C. (1-14-74); No. 25, Vinton, Va. (1- Ariz.; No. 1, Chandler, Ariz.; Nos. 2, 10, and West South Boulevard, Crawfordsville, IN; 14-74); No. 191, Sheboygan, Wis. (2-4r-74). 17, Mesa, Ariz.; No. 18, Phoenix, Ariz.; Nos. 1999 Fort Harrison Road, Terre Haute, IN. New York Food Store, Inc., foodstore; 117 3, 5, 8, 9, 12, 13, and 15, Phoenix, Ariz. L..Kittner’s Department Store, Inc., vari­ Nassau Street, Charleston, SC; 1-23-74. (1—15—73 to 12-31-73); Nos. 7 and 16, Scotts­ ety-department store; 217 Washington Ave­ Parks Food Center, Inc., foodstore; 4014 dale, Ariz.; No. 6, Tucson, Ariz. nue, Weldon, NC; 1-25-74. North Cherry Street, Winston-Salem, NC; Ben Franklin, variety-department stores, Klaus Department Store, variety-depart­ 2-1-74. 2- 9- 74: No. 1025, Chicago, 111.; No. 376, Flint, ment store; 2865 North Milwaukee Avenue, Piggly Wiggly, foodstore; Hemingway, S.C.; Mich. Chicago, IL; 1-18-74. 1-9-73 to 1-4-74. Bernhardt Hardware Co., Inc., hardware S. S. Kresge Co., variety-department stores: Pleasure Ridge Super Market, foodstore; store; 113-115 North Main Street, Salisbury, No. 4087, Florence, Ala., 12-31-73; No. 4312, 4838 Maryman Road, Louisville, KY; 1-1-74. NC; 1-31-74. Huntsville, Ala., 1-17-74; No. 4403, Braden­ Powell’s Red & White, foodstore; St. Ste­ Best Super Market, foodstore; 555 East ton, Fla., 1-31-74; No. 4390, Orlando, Fla., phen, S.C.; 1-31-74. Fifth Street, Tucson, AZ; 12-31-73. 1-14-74; No. 4072, Atlanta, Ga., 1-31-74; No. Prenger’s IGA Foodliner, foodstore; Cen- Blackburn Jobbing Co., foodstore; Moun­ 4641, Canton, 111., 12-28-73; No. 445, Chicago, tralia, Mo.; 12-28-73. tain City, Tenn.; 1-4-74. 111., 1-16-74; No. 4564, Chicago, 111., 1-1-74; Quinn Bros. Supermarket, foodstore; 610 Campbells Clothes ’N Things, Inc., variety- No. 4593, Chicago, 111., 1-13-74; No. 4211, Chi­ Southwest Third Street, Aleso, IL; 1-12-74. department store; 51 South Brown Street, cago Heights, 111., 1-17-74; No. 4221, Collens- R & C Distributors, Inc., variety-depart­ Rhinelander, WI; 12-30-73. vUle, HI., 1-2-74; No. 4262, Dolton, 111., 1-5-74; ment store; 2101 North Topeka Boulevard, Carlton’s Foodland, foodstore; Highway 64 No. 4324, Downers Grove, 111., 2-14-74; No. Topeka, KS; 1-2-73 to 11-30-73. East, Somerville, TN; 1-11-74. 4228, Wheeling, 111., 12-22-73; No. 4377, Rayless Department Stqre, variety-de­ Carr’s Cash & Carry, foodstore; 316 West Bloomington, Ind., 1-1-74; No. 4073, Clarks­ partment stores, 1-31-74: Cedartown Shop­ Main, Lumberton, MS; 1-18-74. ville, Ind., 1-2-74; No. 4587, Hammond, Ind., ping Center, Cedartown, Ga.; 438 North Carson Pirie Scott and Co., variety- 1-3—74; No. 4039, South Bend, Ind., 2-6-74; Commerce Street, Summerville, GA; Corner department store; 124 West Adams, Peoria, No. 117, Terre Haute, Ind., 2-5-74; No. 4379, and Second Avenue, Lexington, N.C. IL; 1-31-74. Lafayette, La., 12-21-73; No. 560, Detroit, Rose’s Stores, Inc., variety-department Colonial Manor Nursing Home, Inc., nurs­ store; No. 19, Scotland Neck, N.C.; 1-1-74. Mich., 1-16-74; No. 4027, Detroit, Mich., St. Paul Hermitage, nursing home; 501 ing home; Glover, Vt.; 1—13—74. 1—io—74; No. 699, Drayton Plains, Mich., Cooper & Ratcliff, Inc., foodstore; Brook- 1- 16-74; No. 4040, Flint, Mich., 1-22-74; No. North 17th Avenue, Beech Grove, IN; 1-31- dale Road, Martinsville, Va.; 1-1-74. 4066, Jackson, Mich., 1-2-74; No. 4602, Mar­ It. Coplon-Smith Co., apparel store; 232 Mid­ quette, Mich., 1-21-74; No. 4015, Port Huron, Sanitary Bakery, foodstore; 121 East Broad­ dle Street, New Bern, NC; 1-31-74. Mich., 1-7-74; No. 4038, Saginaw, Mich., way, Little Falls, MN; 1-31-74. Country School, restaurant; 4511 First 2- 5-74; No. 4310, Fayetteville, N.C., 12-21-72 Savitz Drug Store, Inc., drugstore; 129 Avenue, Evansville, IN; 1-14-74. to 11-9-73; No. 4057, Fargo, N. Dak., 12-26-73; Court Square, Abbeville, SC; 1-6-74. D & D Enterprises, Inc., restaurant; 324 No. 495, Akron, Ohio, 1—2—74; No. 4529, Ash­ Schensul’s Cafeteria, Inc., restaurants, 1- Wesleyan Park Plaza, Owensboro, KY; land, Ohio, 1-11-74; No. 604, Columbus, Ohio, 31-74: 3635 28th Street, Grand Rapids, MI; 1- 14-74. 1-22-74; No. 541, Marietta, Ohio, 12-21-73; 1036 28th Street SW., Wyoming, MI. Davis 5 & lOtf Store, variety-department No. 4169, Massillon, Ohio, 1-18-74; No. 4317, Serv-All Thriftway Food Market, food- store; 4061 Barrancas Avenue, Warrington, Florence, S.C., 2-1-74; No. 4033, Knoxville, store; 310 East Austin Street, Kermit, TX; 12-23-73. FL; 1-31-74. Tenn., 12-22-73; No. 4370, Arlington, Tex., Shines Thriftway, foodstore; 105 South Deelene Corp., restaurant; 1423 Laurel 12-26-73; No. 4541, Racine, Wis., 1-13-74. Michigan Avenue, Mantón, MI; 1-31-74. Avenue, Bowling Green, KY; 1-8-74. Lesman’s Market, Inc., foodstore; 119 East Smathers Market, foodstore; 118 Main Denmark’s Department Store & Furniture Patterson Street, Kalamazoo, MI; 2-5-74. Mart, variety-department store; Brooklet, Street, Canton, NC; 1-22-74. Ga.; 12-22-72 to 12-15-73. Lord’s Market, foodstore; Bangor, Maine; Spurgeon’s, variety-department stores: Dick’s Super Market, foodstores, 12-25-73; 12-27-73. 804 North Side Square, Clinton, IL, 1-23-74; 1381 South Iowa, Dodgeville, WI; 255 Mc­ Louis Weiner Memorial Hospital & Nursing 250 East Lincoln Highway, De Kalb, IL, 1-24- Gregor Plaza, Platteville, WI. Home, hospital; Marshall, Minn.; 1-31-74. 74; 713 Story Street, Boone, IA, 12-26-73; Dyche Jones Food Store, foodstore; No. 4, Lydia Mills Store, variety-department 117 North Maple, Crestón, IA, 12-29-73; 814 store; Poplar Street, Clinton, S.C.; 1-31-74. Avenue G, Fort Madison, IA, 12-29-73; 911 Manchester, Ky.; 1-15-74. Main Street, Grinnell, IA, 1-9-74; 620 West Eagle Stores Co., Inc., variety-department McCrory-McLellan-Green Store, variety- Sheridan, Shenandoah, IA, 1-15-74. stores: 217 East Main Street, Forest City, department stores: No. 304, El Dorado, Ark., T. G. & Y. Stores Co., variety-department NC, 1-31-74; 624 McGregor Street, Pageland, 12-28-73; No. 221, Fort Lauderdale, Fla., 1-1- stores, 1-14-74, except as otherwise indi­ SC, 2-9-74. 74; No. 211, Zephyr Hills, Fla., 1-31-74; No. cated: No. 254, Fort Smith, Ark.; No. 756, H. D. Eanes Grocery, foodstore; Bassett, 1031, Atlanta, Ga., 12-22-72 to 12-11-73; No. Va.; 1-2-74. 1064, Des Moines, Iowa, 12-29-73; No. 237, Cocoa Beach, Fla. (1-31-74); No. 296, Kansas Edward’s, Inc., variety-department stores, Salisbury, Md., 1-10-74; No. 357, Trenton, N.J., City, Mo. (12-22-73); No. 458, Anadarko, 2- 14-74: Highway 701 North, Georgetown,12-31-73; No. 566, Farmington, N. Mex., 1-8- Okia. S.C.; 1244 Wilson Road, Newberry, SC. Taylor Drug Store, drugstore; G-5543 Rich­ 74; No. 125, Hamilton, Ohio, 12-21-73; No. field Road, Flint, MI; 2-27-74. Eigenrauch’S Tom Boy, foodstore; 121 East 1079, Ashland, Wis., 1-31-74. Templeton-Kimbrough Pharmacy, drug­ St. Louis Street, Nashville, IL; 1-16-74. McDonald’s Hamburgers, restaurants: 4701 Ernst Foods, foodstore; Nixon, Tex.; store; 1718 Campus Court, Abilene, TX; 12-6- Lincoln Avenue, Evansville, IN, 1-14-74; 10302 73. 1-12-74. East 40 Highway, Independence, MO, 1-12-74. Flynn Super Market, foodstore; 116 North Town ’N Country Restaurant, restaurant; Main, Pocahontas, IA; 1-17-74. Mac’s Store, foodstore; 202 Thomas Ave­ nue, Chickamauga, GA; 1-31-74. 15-74. Franz Store, foodstore; Mountain Lake, Mapes Nursing Home, nursing home; 609 Tranquility Nursing Home, nursing home; Minn.; 1-31-74. 18th Street, Hawarden, IA; 12-28-73. 50 Randolph Avenue, Randolph, VT; 1-7-74. Golden Arches, Inc., restaurant; 2010 Marjuran Corp., restaurant; 2500 South T. A. Turner & Co., Inc., variety-depart­ Highway 41 North, Evansville, IN; 1-31-74. Kentucky Avenue, Evansville, IN; 12-27-73. ment store; Pink Hill, N.C..; 1-31-74. Good Samaritan Home and Center, nursing V & S Foodtown, foodstore; Sam Smitn home; 322 South Seventh Street, Wymore, Mason Food Market, foodstore; 115 South and Lee Victory, Obion, Tenn.; 12-27-73. NE; 12-28-73. Woodland, Riceville, IA; 1-9-74. TITnhnCimni* T T o lll The Good Samaritan Village, nursing Meeker County Memorial Hospital, hos­ Minn.; 1-21-74. home; Hastings, Nebr.; 12-22-73. pital; 612 South Sibley, Litchfield, MN; 1-28- Wagner’s Supermarket, Inc., variety-de­ W. T. Grant Co., * variety-department 74. partment store; 523 Nebraska Avenue, Arap­ stores: No. 933, Jacksonville, Fla., 1-26-74; Mercy Hospital, hospital; East Seventh ahoe, NE; 1-13-74. No. 737, Kokomo, Ind., 1-2-74; No. 381, Eliza­ Street, Devils Lake, N. Dak.; 1-11—74. Washington Nursing Center, Inc., nursing beth, N.J., 1-28-74; No. 3554, Bristol, Pa., Milaca Area Hospital, hospital; 150 10th home; 1110 New Castle Road, Washington, 1-15-74; No. 460, Burnham, Pa., 12-31-73. Street NW., Milaca, MN; 1—31—74. IL; 1-31-74. % FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 NOTICES 8485 Westoaks, Inc., restaurant; No. 1, Okla­ stock clerk, checker-cashier, office clerk, homa City, Okla.; 1-7-74. maintenance, 2 to 15 percent, 1-14-74; No. Each certificate has been issued upon Westside Grocery, foodstore; 1020 West 3078, Boca Baton, Fla., salesclerk, 7 to 21 per­ the representations of the employer First Street, Abilene, KS; 1-9-74. cent, 2-14-74; No. 3059, St. Paul, Minn., sales­ which, among other things, were that Westside Market, foodstore; Marion, Ky.; clerk, stock clerk, office clerk, checker-cashier, employment of full-time students at spe­ 1—18—74. 22 to 32 percent, 1-31-74; No. 4473, Tulsa, cial minimum rates is necessary to pre­ Whittaker, Inc., foodstore; Oklahoma City, Okla., salesclerk, 7 to 27 percent, 1-14-74. vent curtailment of opportunities for em­ Okla.; 1-18-74. Larry McClains—The Campsite, Inc., trailer ployment, and the hiring of full-time stu­ Wil-Mar Convalescent Home, nursing sales; 7100 West Reno, Oklahoma City, OK; dents at special minimum rates will not home; 45305 Cass Avenue, Utica, MI; 2-10- stock clerk, lot attendant, service helper; 5 74. to 10 percent; 12-31-73. create a substantial probability of reduc­ Wolter’s, variety-department store; Gib­ Master Mart, variety-department stores, ing the full-time employment opportuni­ bon, Minn.; 1-19-74. for the occupations of stock clerk, wrapper, ties of persons other than those employed Wood’s 5 & 10(f Stores, Inc., variety- errand clerk, price marking clerk, customer under a certificate. The certificate may department store; Tri City Shopping Center, courtesy clerk, 12 to 22 percent: 519 North be annulled or withdrawn, as indicated Rockingham, N.C.; 1-2-73 to 12-31-73. First, Hiawatha, KS, 12-31-73; 439 East 29th, therein, in the manner provided in Part Tounker Brothers, Inc., variety-depart­ Topeka, KS, 1-31-74. 528 of Title 29 of the Code of Federal ment store; 150 Central Park, Omaha, NE; McCrory-McLellan-Green Stores, variety- 1-1-74. department stores, for the occupations of Regulations. Any person aggrieved by the Zumbrota Super Valu, foodstore; Zum- salesclerk, stock clerk, office clerk, 2-14-74, issuance of any of these certificates may brota, Minn.; 1-21-74. except as otherwise indicated: No. 65, Fort seek a review or reconsideration thereof Lauderdale, Fla., 13 to 27 percent; No. 60, on or before May 2,1973. The following certificates issued to Lyndhurst, N.J., 19 to 29 percent (12-31- establishments permitted to rely on the 73); No. 22, Uniontown, Pa,, 0 to 20 percent Signed at Washington, D.C., this 22d base-year employment experience of (salesclerk, stock clerk); No. 4, Springfield, day of March 1973. others were either the first full-time stu­ Va., 7 to 21 percent (salesclerk, stock clerk). R obert G. G ronewald, dent certificates issued to the establish­ McDonald’s Hamburgers, restaurant; Authorized Representative ment, or provide standards different 10815 West 63d Street, Shawnee, KS; general of the Administrator. from those previously authorized. The restaurant worker; 4 to 31 percent; 12-31-73. Minyard Food Stores, Inc., foodstore; 4202 [FR Doc.73-6234 Filed 3-30-73;8:45 am] certificates permit the employment of Pioneer Road, Balch Springs; TX; bagger, full-time students at rates of not less carryout, salesclerk; 11 to 16 percent; 2- than 85 percent of the applicable statu­ 28-74. FEDERAL MARITIME COMMISSION tory minimum in the classes of occupa­ Morgan & Lindsey, variety-department CITY OF LONG BEACH AND tions listed, and provide for the indicated store; 432 North Church Street, Louisville, SEA-LAND SERVICE, INC. monthly limitations on the percentage of MS; salesclerk, stock clerk, office clerk; 8 full-time student hours of employment to 31 percent; 2-14-74. Notice of Agreement Filed at rates below the applicable statutory M. E. Moses Co., variety-department store; Notice is hereby given that the follow­ minimum to total hours of employment No. 16, Lewisville, Tex.; salesclerk, stock clerk, checkout register operator; 22 to 30 ing agreement has been filed with the of all employees. percent; 2-14r-74. Commission for approval pursuant to Bashas’, foodstores, for the occupations of Mr. H’s Food & Beverage Center, foodstore; section 15 of the Shipping Act, 1916, as cleanup, carryout, janitorial, 15 percent; 7620 West Burleigh, Milwaukee, WI; bagger, amended (39 Stat. 733, 75 Stat. 763, 46 2-14-74: No. 20, Glendale, Ariz.; No. 19, cleanup, carryout, stock clerk; 17 to 23 per­ U.S.C. 814). Tempe, Ariz. cent; 1-14-74. Interested parties may inspect and ob­ Burger King, restaurant; 1326 LaPorte Mr. Quick, restaurant; 3924 North Division, Road, Waterloo, IA; general restaurant Davenport, IA; general restaurant worker; tain a copy of the agreement at the worker; 27 to 61 percent; 1-14-74. 27 to 61 percent; 1-14-74. Washington office of the Federal Mari­ Dairy Queen, restaurant; 239 West Mill, G. C. Murphy Co., variety-department time Commission, 1405 I Street NW., Liberty, MO; general restaurant worker; 27 stores, salesclerk, stock clerk, office clerk, Room 1015; or may inspect the agree­ to 61 percent; 1-31-74. janitorial, l-14r-74: No. 810; Pekin, 111.; No. ment at the field offices located at New Daniel Bestway Super Market, foodstore; 812, Butler, Pa. York, N.Y., New Orleans, La., and San Collinwood, Tenn.; stock clerk carryout; 19 New Haven Super Market, Inc., foodstore; Francisco, Calif. Comments on such to 20 percent; 1-14-74. New Haven, W. Va.; cashier, carryout, stock Dan’s Free Car Wash, car wash; Wester­ clerk; 15 to 25 percent; 1-14-74. agreements, including requests for hear­ ville Square Shopping Center, Westerville, Roses’s Stores, Inc., variety-department ing, may be submitted to the Secretary, Ohio; service station attendant; 46 to 50 stores, for the occupations of salesclerk, Federal Maritime Commission, Washing­ percent; 1-7-74. stock clerk, checker, order writer, window ton, D.C. 20573, on or before April 23, Elwood Care Center, nursing home; El- trimmer, merchandise marker, 13 to 32 per­ 1973. Any person desiring a hearing on wood, Nebr.; kitchen aide; dining room aide, cent, 2-8-74, except as otherwise indicated: the proposed agreement shall provide a housekeeping aide; 5 to 8 percent; 1-14-74. No. 236, Athens, Ga.; No. 231, Macon, Ga. clear and concise statement of the mat­ Grandview Drug Co., drugstore; 486 North (1-31-74); No. 233, Corbin, Ky. (salesclerk, ters upon which they desire to adduce Grandview Avenue, Dubuque, IA; cashier; 21 stock clerk, 3 to 13 percent); No. 230, Sli­ evidence. An allegation of discrimination to 30 percent; 1-14-74. dell, La. (2-14-74). or unfairness shall be accompanied by a H. E. B. Food Store, foodstores, for the oc­ Schensul’s Cafeteria, restaurants, for the statement describing the discrimination cupations of sacker, bottle clerk, package occupation of general restaurant worker, 49 clerk, 10 percent, 1-31-74; No. 32, Austin, to 77 percent, 1-31-74: 139 West Main Mall, or unfairness with particularity. If a vio­ Tex.; Nos. 133 and 134, San Antonio, Tex. Kalamazoo, MI; 28th Street SE., Kentwood, lation of the Act or detriment to the Hoffman’s Professional Pharmacy, drug­ MI; 1036 28th Street SW., Wyoming, MI. commerce of the United States is alleged, store; 1500 Seventh Avenue, Beaver Falls, St. Anthony’s Hospital, hospital; Second the statement shall set forth with par­ PA; salesclerk, stock clerk, fountain clerk; and Adams Street, O’Neill, Nebr.; dietary ticularity the acts and circumstances 12 percent; 1- 14-.74. aide, nurses’ aide, housekeeping aide; 3 to said to constitute such violation or detri­ 11 percent; 1-31-74. IGA Market, foodstore; H ighway 33, May- ment to commerce. T. G. & Y. Stores Co., variety-department cent;r ^ V 1 1—31—74.ile’' Tenn > baggor. stock clerk; 15 per­ stores, for the occupations of salesclerk, stock A copy of any such statement should clerk, office clerk, 1—14—74, except as other­ also be forwarded to the party filing the Inc” restaurant; 501 42d Avenue, wise indicated: No. 1614, Pell City, Ala., 15 agreement (as indicated hereinafter) and 97tl« ;0line’ IL; general restaurant worker; to 61 percent; 1- 31- 74. to 30 percent; No. 1410, Great Bend, Kans., the statement should indicate that this 19 to 30 percent; No. 1409, Winfield, Kans., has been done. J^Rite, Inn, restaurant; 350 East Broad- 14 to 30 percent; No. 1023, Tulsa, Okla., 24 Notice of agreement filed by: wnTkA^hortbr ville’ IN; general restaurant to 30 percent (1-31-74). worker; 39 to 70 percent; 1-31-74. Leonard Putnam, City Attorney, City of Long Terrace Gardens Skilled Nursing Center, Pharmacy, drugstore; Public Beacb, Suite 600, City Hall, Long Beach, Inc., nursing home; 1301-15 North West CA 90802. S 1 Kinsman, Ohio; cleanup, fountain Street, Wichita, KS; junior nurse’s aide; 7 cent-’ l-f^74tte counter clerk; 12 to 20 per- to 28 percent; 1-31-74. Agreement No. T-2401-2, between the Wall Lake Super Valu, foodstore; Wall City of Long Beach (City) and Sea-Land N

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8486 NOTICES preferential assignment covering the (2) Article 5 to reduce the minimum to activities determined by the Board to lease to Sea-Land of premises located at number of sailings of each party from 12 be closely related to banking. Berths 227 to 230 inclusive, Pier G, for to 10 per year, and to provide that the Notice of the application, affording use as a marine terminal. The purpose of parties will endeavor to coordinate sail­ opportunity for interested persons to the modification is to provide for the pro­ ings and terminal facilities so that sail­ submit comments and views on the public rationing of the monthly compensation ings will be at equal intervals and from interest factors, has been duly published in the event that less than the total area the same terminals so far as feasible; (3) (37 FR 24136). Subsequently, applicant of Parcel I is delivered to Sea-Land. Article 7 to provide that a party earning withdrew its request to acquire an insur­ Dated: March 27,1973. in excess of its pool share shall pay such ance agency subsidiary of Company, so excess to the other party in lieu of the that only the mortgage banking activi­ By order of the Federal Maritime Com­ present provision for payment to the ties of Company and its subsidiaries, mission. other party of 20 percent of the gross Underwood and Bombast, are dealt with F rancis C. Htjrney, revenue obtained in excess of its pool herein. The time for filing comments and Secretary. share, and to further provide that there views has expired, and none relating to [PR Doc.73-6294 Filed 3-30-73;8:45 am] shall be deducted from gross revenue of the mortgage banking activities of Com­ a party 40 percent thereof for direct costs pany has been received. relating to the pargo; (4) Article 8c. to Applicant controls two banks with ag­ PRUDENTIAL-GRACE LINES, INC., AND provide for the appointment of an inde­ gregate deposits of $601 million, repre­ COMPANIA PERUANA DE VAPORES pendent Pool Auditor, and to provide for senting 3.4 percent of the total deposits Notice of Agreement Filed the preparation of monthly and annual in commercial banks in New Jersey. Ap­ Notice is hereby given that the fol­ pool statements to be filed with the ap­ plicant’s lead bank, New Jersey National lowing agreement has been filed with the propriate agencies of Peru and the United Bank, Trenton, N.J. (Bank), with de­ Commission for approval pursuant to States; (5) Article 8f. to eliminate the de­ posits of $600.6 million, is the largest section 15 of the Shipping Act, 1916, as duction of $50,000 from the overcarrier’s bank in the Trenton banking market, amended (39 Stat. 733, 75 Stat. 7(>3, 46 payment, and to provide that payment controlling 47 percent of commercial U.S.C. 814). shall be made within 30 days after deliv­ bank deposits in that market.1 Bank is Interested parties may inspect and ob­ ery of the annual pool statement, and if engaged in extending credit secured by tain a copy of the agreement at the not made within such time the payment real property through permanent mort­ Washington office of the Federal Mari­ shall bear interest at the rate of 8 per­ gage loans on one-four family residen­ time Commission, 1405 I Street NW., cent per annum thereafter; and (6) Ar­ tial properties. It does not service loans Room 1015; or may inspect the agree­ ticle 17 to extend the term of the agree­ for others nor at present own any non­ ment at the field offices located at New ment until April 1,1975, and also to pro­ banking subsidiaries. York, N.Y., New Orleans, La., and San vide that any further extension shall be Company engages in extending credit Francisco, Calif. Comments on such subject to any required governmental secured by real property through (1) agreements, including requests for hear­ approvals. permanent mortgage loans on one-four ing, may be submitted to the Secretary, Dated: March 27,1973. family residential properties, and (2) Federal Maritime Commission, Wash­ permanent mortgage loans on income ington, D.C. 20573, on or before April 23, By order of the Federal Maritime producing properties. Company also en­ 1973. Any person desiring a hearing on Commission. gages in mortgage servicing. Based upon F rancis C. Htjrney, the proposed agreement shall provide Secretary. a 1971 mortgage servicing portfolio of a clear and concise statement of the approximately $160 million, Company matters upon which they desire to ad­ [FR Doc.73-6295 Filed 3-30-73; 8:45 am] ranks as the fifth largest mortgage duce evidence. An allegation of dis­ banking firm with offices in New Jersey crimination or unfairness shall be ac­ FEDERAL RESERVE SYSTEM and the 150th largest mortgage firm in companied by a statement describing the the country. discrimination or unfairness with par­ NEW JERSEY NATIONAL CORP. Company’s activity is principally con­ ticularity. If a violation of the Act or Order Approving Acquisition of Underwood fined to the Greater Newark market, detriment to the commerce of the United Mortgage & Title Co. while Bank operates in the Trenton and States is alleged, the statement shall Asbury Park markets. Of Company’s set forth with particularity the acts and New Jersey National Corp., Trenton, total mortgage originations of $60 mil­ circumstances said to constitute such N.J., a bank holding company within the lion in 1971, only $2.4 million were de­ violation or detriment to commerce. meaning of the Bank Holding Company rived from Bank’s market areas. During A copy of any such statement should Act, has applied for the Board’s approval, the same period, Bank’s mortgage orig­ also be forwarded to the party filing the under section 4(c) (8) of the Act and inations approximated $30 million, of agreement (as indicated hereinafter) § 225.4(b) (2) of the Board’s Regulation which only $213,000 were derived from and the statement should indicate that Y, to acquire all of the voting shares of the market served by Company. In view this has been done. Underwood Mortgage & Title Co., Irving­ of the relatively large number of other ton, N.J. (Company), and to indirectly mortgage lenders in these markets, elim­ Notice of agreement filed by: acquire through that acquisition: G. B. ination of this small amount of local Harold T. Quinn, Esq., Barrett Smith Scha- Underwood & Associates, Inc. (Under­ competition would, in the Board’s opin­ piro & Simon, 26 Broadway, New York, N.Y. wood), and Bombast Corp. (Bombast), ion, have no significantly adverse effect 10004. both of Irvington, N.J. Company engages on mortgage lending in the area. More­ Agreement No. 9939-1, between Pru­ in the origination and servicing of real over, no significant potential competition dential-Grace Lines, Inc., and Compania estate mortgage loans for its own ac­ would be foreclosed upon approval of the Peruana De Vapores, modifies the ap­ count and others. Such activities have proposed transaction since it appears proved basic pooling, sailing, and equal been determined by the Board to be Company would have difficulty expand­ closely related to the business of banking ing into other markets without the in­ access to government-controlled cargo (12 CFR 225.4(a) (1) and (3)). Under­ agreement, covering southbound cargo wood acts as a mortgage broker, arrang­ fusion of additional capital and greater carried under local bills of lading from ing the sale and purchase of mortgages access to financial markets. west coast U.S. ports to ports in Peru, by on a national basis. Bombast acquires for amending (1) Article 3 to provide that resale foreclosed properties under mort­ 1 Applicant’s second bank, New Jersey cargo destined for Bolivia but discharged gages made by its parent company. Such National Bank of Princeton, Princeton Bor­ at Peru is not deemed to be pool, cargo; activities are permissible as incidental ough, N.J., is a new bank opened in Jan. 1973.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 NOTICES 8487 It appears that consummation of this ered the application in light of the fac­ On the basis of the record, the applica­ I proposed transaction would not result tors set forth in section 3(c) of the Act tion is approved for the reasons sum­ ■ in any undue concentration of resources, (12U.S.C. 1842(c)). marized above. The transaction shall I conflicts of interests, unsound banking Applicant, tiie fourth largest multi- not be consummated: (a) Before April I practices, or any other adverse effects bank holding company in Texas, con­ 23, 1973, (b) later than June 25, 1973, I on the public interest. However, approval trols 12 banks with aggregate deposits of unless such period is extended for good I of this proposal would make available to $1,113 million, representing 3,7 percent cause by the Board, or by the Federal I Company the financial resources and of total deposits of commercial banks in Reserve Bank of Dallas pursuant to 1 expertise of Bank and enable both to the State. (All banking data are as of delegated authority. I expand their services to the public and June 30, 1972, and reflect holding com­ ■ increase competition in their respective pany formations and acquisitions ap­ By order of the Board of Governors,1 I market areas. proved by the Board through January 29, effective March 23, 1973. Based upon the foregoing and appli- 1973.) Acquisition of Bank ($7.6 million [seal] T ynan Sm it h , ■ cant’s commitment that Company will of deposits) would increase applicant’s Secretary of the Board. ■ not acquire for investment equity par- share of deposits in the State insignifi­ ■ ticipations in real estate through its sub- cantly and its ranking among banking [FR Doc.73-6223 Filed 3-30-73;8:45 am] sidiary, Bombast, the Board has deter- organizations in the State would be un­ ■ mined that the balance of the public in- changed. INTERIM COMPLIANCE PANEL Iterest factors it is required to consider Bank, the fourth largest of five bank­ (COAL MINE HEALTH AND SAFETY) ■ under section 4(c)(8) is favorable. Ac- ing organizations in Arlington, Tex., con­ ■ cordingly, the application is hereby ap- ROCHESTER & PITTSBURGH COAL CO. trols approximately 5 percent of aggre­ ET A L |. proved. This determination is subject to gate deposits of commercial banks in ■ the conditions set forth in § 225.4(c) of that community, which is located ap­ Opportunity for Public Hearing ■ Regulation Y and to the Board’s author- proximately halfway between Dallas and Applications for renewal permits for ■ ity to require such modification or termi- Fort Worth. Applicant has two subsidi­ noncompliance with the Interim Manda­ ■ nation of the activities of a holding com- aries in the Dallas-Fort Worth area, the tory Dust Standard (2.0 mg/m3) have ■ pany or any of its subsidiaries as the First Denton County National Bank, been received as follows: ■ Board finds necessary to assure compli- I ance with the provisions and purposes of Denton, Tex. ($36 million of deposits) (1) ICP Docket No. 20228, Rochester & located approximately 35 miles from Pittsburgh Coal Co., Margaret No. 7 Mine, ■ the Act, and the Board’s regulations and Bank; and Continental National Bank USBM ID NO. 36 00822 0, Indiana, Pennsyl­ ■ orders issued thereunder, or to prevent ($194 million of deposits) located in vania. ■ evasion thereof. downtown Fort Worth approximately 12 Section ID No. 019-0 (“0” West, 3 South, By order of the Board of Governors,* miles from Bank. No significant compe­ 11 Right). ■ effective March 23,1973. Section ID No. 020-0 (“O’' West Rooms). tition exists between Bank and either Section ID No. 021-0 (4 Butt 11 Left). [seal] T ynan S m it h , of applicant’s nearest subsidiary banks. Section ID No. 023-0 (5 Butt 11 Left). Secretary of the Board. In view of Bank’s small size, its pri­ (2) ICP Docket No. 20259, Christopher Coal marily suburban-retail character and Co., Arkwright No. 1 Mine, USBM ID NO. 46 [PRDoc.73-6222 Filed 3-30-73;8:45 am] the presence of a large number of banks 01452 0, Osage, W. Va. located in the intervening area, it does Section ID No. 004-0 (8 East). Section ID No. 009-0 (Main West). SOUTHWEST BANCSHARES, INC. not appear that any significant compe­ tition would develop in the future be­ Section ID No. 010-0 (7 North). Order Approving Acquisition of Bank Section ID No. 011-0 (1 Left). tween Bank and applicant’s subsidiary Section ID No. 012-0 (5 West). I Southwest Bancshares, Inc., Houston, banks. Section ID No. 016-0 (8 North). ITex., a bank holding company within the On the basis of the record before it, Section ID No. 017-0 (6 South). ■meaning of the Bank Holding Company the Board concludes that consummation Section ID No. 018-0 (1 West). ■Act, has applied for the Board’s approval of the proposed acquisition would not (3) ICP Docket No. 20278, Christopher [under section 3(a)(3) of the Act (12 adversely affect present or potential Coal Co., Pursglove No. 15 Mine, USBM ID NO. 46 01454 0, Osage, W. Va. IU.S.C. 1842(a) (3)) to acquire 100 per­ competition in any relevant area. Section ID No. 007-0 ( 2 North). cent Of the voting shares (less directors’ Considerations relating to the financial Section ID No. 009-0 (11 North). [qualifying shares) of the successor by and managerial resources and future Section ID No. 010-0 (1 Right). [merger to Arlington Bank of Commerce, prospects of applicant, its subsidiaries Section ID No. 011-0 (1A). [Arlington, Tex. (Bank). The bank into and Bank are regarded as satisfactory Section ID No. 012-0 (2 Right). [which Bank is to be merged has no sig­ and consistent with approval. The Ar­ (4) ICP Docket No. 20279, Christopher nificance except as a means to facilitate lington area is the site of a new regional Coal Co., Osage No. 3 Mine, USBM ID NO. 46 pie acquistion of the voting shares of airport serving the Dallas-Fort Worth 01455 0, Osage, W. Va. Section ID No. 001-0 (Main West). IBank. Accordingly, the proposed acquisi- area. The additional economic develop­ Section ID No. 002-0 (13 South). [tion of shares of the successor organiza­ ment resulting from establishment of Section ID No. 007-0 (3B). tion is treated herein as the proposed ac- this facility can be expected to increase Section ID No. 008-0 (10 North). ■quisition of the shares of Bank. demands upon Bank and other banks in Section ID No. 012-0 (2B). I ^°tice of the application, affording op- the area for banking services not pres­ Section ID No. 014r-0 (11 North). [portunity for interested persons to sub- ently available through these institu­ Section ID No. 017-0 (19A). pmt comments and views, has been given tions. As a subsidiary of applicant, Bank Section ID No. 018-0 (1C). (5) ICP Docket No. 20355, Smith & Baker |ln accordance with section 3(b) of the would be able to draw upon applicant’s Coal Co., Mine No. 11, USBM ID NO. 44 |Act. The time for filing comments and pool of financial, managerial, and tech­ 00947 0, Hurley, Va. ■views has expired, and none has been nical resources to provide additional Section ID No. 001 (2 Left off 1 Main). banking services for residents of this (6) ICP Docket No. 20585, Youghiogheny ¡timely received. The Board has consid- area as demand develops. Convenience & Ohio Coal Co., Allison Mine, USBM ID NO. and needs considerations are therefore 33 01070 0, Beallsville, Ohio. L aJ ottng for this aci Vice Chairman consistent with approval. It is the ■Robertson, and Coven MitcheU, Brim- Board’s judgment that the proposed 1 Voting for this action: Vice Chairman pier, Sheehan, and But Absent and not transaction would be in the public inter­ Fating: Chairman Bi Robertson and Governors Mitchell, Brimmer, and Governor est and that the application should be Sheehan, and Bucher. Absent and not vot­ approved. ing: Chairman Burns and Governor Daane.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8488 NOTICES Section ID No. 004 (Main East). The following is the approved agenda Time Topic Section ID No. 002 (North Returns). and schedule for the April 12-13, 1973, 10:30 a.m_ Mars Sample Return Systems Section ID No. 012 (4 East). meeting of the Post Viking Mars Science Study—(Action: To present Section ID No. 013 (1 North). Advisory Committee: to the Committee the re­ Section ID No. 014 (5 East). sults of a study describing Section ID No. 015 (2 North). The NASA Post Viking Mars Science and defining the systems Section ID No. 016 (3 North off 4 West). capacity only. It serves to advise NASA requirements for a Mars Section ID No. 017 (3 North off Main East first-come first-served basis up to the sample return mission and (Left Side)). seating capacity of the room, which can to seek the Committee’s Section ID No. 018 (3 North off Main East accommodate about 60 persons. recommendation as to the (Right Side)). Advisory Committee will meet on April role such a mission might (7) ICP Docket No. 20587, Youghiogheny &12-13, 1973, at the Headquarters of the Ohio Coal Co., Nelms No. 2 Mine, USBM ID play in Mars exploration.) NO. 33 00968 0, Hopedale, Ohio. National Aeronautics and Space Ad­ 12:30 p.m__. Working Session IV—(Action: Section ID No. 018 (Main East). ministration. The meeting will be held To continue discussion to­ Section ID No. 013 (No. 4 South Pillars). in Room 5026 of Federal Office Building ward the development of an Section ID No. 012 (No. 1 West off No. 5 6, 400 Maryland Avenue SW., Washing­ integrated program for post South). ton, DC 20546. Members of the public Section ID No. 015 (No. 2 West off No. 5 Viking Mars exploration South). Ap r il 12, 1973 which will assist NASA in Section ID No. 017 (No. 3 West off. No. 5 Time Topic its planning for future South). 8:30 a.m___ Opening remarks—(Action: planetary missions.) Section ID No. 020 (No. 1 East off No. 5 To preview the agenda and South). define objectives for this H omer E. New ell, Section ID No. 014 (Main West). Committee meeting.) Associate Administrator, Na­ Section ID No. 022 (Right Side Main East). 8:45 a.m___ Working Session I—(Action: tional Aeronautics and Space Section ID No. 023 (No. 1 South off No. 1 To review previous Commit- Administration. East). , tee discussions on the scien­ tific objectives of Mars M arch 27,1973. In accordance with the provisions of atmosphere, geology, and section 202(b) (4) (30 U.S.C. 842(b) (4)) biology investigations, and [FR Doc.73-6265 Filed 3-30-73:8:45 am] of the* Federal Coal Mine Health and proposed instrumentation Safety Act of 1969 (83 Stat. 742, et seq., to meet these objectives. OFFICE OF EMERGENCY Public Law 91-173), notice is hereby The Committee will ulti­ PREPAREDNESS given that requests for public hearing mately develop an inte­ grated program for post ALABAMA as to an application for renewal may be Viking Mars exploration filed on or before April 17,1973. Requests which will, assist NASA in Notice of Major Disaster and Related for public hearing must be filed in ac­ its planning for future Determinations cordance with 30 CFR Part 505 (35 planetary missions.) FR 11296, July 15, 1970), as amended, 1:00 p.m___ Planetary Biology Post Viking Pursuant to the authority vested in copies of which may be obtained from Instrumentation—(Action: me by the President under Executive To review current NASA Order 11575 of December 31, 1970; and tlje Panel on request. research efforts directed to­ A copy of the application is available ward the development of by virtue of the Act of December 31,1970, for inspection and requests for public life detection and charac­ entitled “Disaster Relief Act of 1970” (84 hearing may be filed in the office of the terization instruments and Stat. 1744); notice is hereby given that Correspondence Control Officer, Interim to obtain the Committee’s Compliance Panel, Room 800, 1730 K advice on its relevance to on March 27,1973, the President declared Street NW., Washington, DC 20006. the scientific objectives for a major disaster as follows: post Viking biological ex­ I have determined that the damage in G eorge A. H ornbeck, ploration of Mars.) Chairman, 2:00 p.m___ Combined Pioneer-CSAD Mis­ certain areas of the State of Alabama result­ Interim Compliance Panel. sion—(Action: To seek the ing from severe flooding and tornadoes be­ Committee’s advice on the ginning on or about March 14, 1973, are of M arch 28, 1973. feasibility of using a pio- sufficient severity and magnitude to warrant [FR Doc.73-6227 Filed 3-30-73;8:45 am] neer-Capsule System Ad­ a major disaster declaration under Public vanced Development type combined orbiter small hard Law 91-606. I therefore declare that such a NATIONAL AERONAUTICS AND lander as an alternative to major disaster exists in,the State of Ala­ SPACE ADMINISTRATION a Viking spacecraft for a bama. You are to determine the specific areas follow-on Mars mission;) within the State eligible for Federal assist­ [Notice 73-27] 3:00 p.m___ Working Session II—(Action: ance under this declaration. To continue discussions to­ Notice of Meeting Notice is hereby given that pursuant NASA POST VIKING MARS SCIENCE ward the development of an ADVISORY COMMITTEE integrated program for post to the authority vested in me by the will be admitted to the meeting begin­ Viking Mars exploration President under Executive Order 11575 ning at 8:30 a.m. on both days, the which will assist NASA in its to administer the Disaster Relief Act of agenda for which is noted below, on a planning for future plane­ 1970 (Public Law 91-606) I hereby ap­ The NASA Post Viking Mars Science tary missions.) point Mr. William C. McMillen, Regional Advisory Committee serves in an advisory April 13 ,1 9 7 3 Director, OEP Region 4, to act as the bers, plus a recording secretary, Brian on the continued exploration of the at­ 8:30 a.m___ Working Session III—(Action: Federal Coordinating Officer to perform mosphere, surface, and interior of Mars, To continue discussion to­ the duties specified by section 201 of and the search for evidence of life, fol­ ward the development of an that Act for this disaster. lowing the Viking 1975 mission. The integrated program for post I do hereby determine the following Committee is chaired by Dr. George Viking Mars exploration which will assist NASA in areas in the State of Alabama to have Wetherill. Currently, there are 13 mem- been adversely affected by this declared Pritchard, who can be contacted for fur­ its planning for future ther information at 703-827-3431. - planetary missions.) major disaster.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 NOTICES 8489 The Counties of : Tariff Schedules of the United States once. This list contains prospective as­ Colbert Limestone (TSUS), the Tariff Commission has de­ signments only and does not include Franklin Madison termined that the apparent U.S. con­ Jackson Marion cases previously assigned hearing dates. Lauderdale Morgan sumption of watch movements for the The hearings will be on the issues as Lawrence Winston calendar year 1972 was 50,535 thousand presently reflected in the Official Docket units, and that the number of watches of the Commission. An attempt will be Dated: March 27,1973. and watch movements, the product of made to publish notices of cancellation D arrell M. T rent, the Virgin Islands, Guam, and American of hearings as promptly as possible, but Acting Director, Samoa, which may be entered free of interested parties should take appro­ Office of Emergency Preparedness. duty during the calendar year 1973 un­ priate steps to insure that they are noti­ der headnote 6(b) of said Subpaft E of [FR Doc.73-6281 Piled 3-30-73;8:45 am] fied of cancellation or postponements of the TSUS is as follows: hearings in which they are interested. No Thousand amendments will be entertained after units MISSISSIPPI Virgin Islands.______4,913 the date of this publication. Notice of Major Disaster and Related Guam ______468 MC 15897 Sub 8, O. K. Transfer and Storage Determinations „ American Samoa______234 Co., now assigned May 9, 1973, MC 31462 Sub 18, Paramount Movers, Inc., now as­ Pursuant to the authority vested in me By order of the Commission. signed May 14, 1973, MC 121281 Sub 5, Big by the President under Executive Order [seal] K enneth R. M ason, Mac Trucking Co., a corporation, now 11575 of December 31, 1970, and by vir­ Secretary. assigned May 7, 1973, will be held in Room tue of the Act of December 31, 1970, en­ 5A15-17, New Federal Building, 1100 Com­ titled “Disaster Relief Act of 1970” (84 M arch 28, 1973. merce Street, Dallas, TX. Ex Parte 287, In the Matter of Fred H. Mack- Stat. 1744), notice is hereby given that [FR Doc.73-6238 Filed 3-30-73:8:45 am] ensen—Disbarment, now assigned April 26, on March 27,1973, the President declared 1973, at Los Angeles, Calif., is postponed a major disaster as follows: VETERANS ADMINISTRATION indefinitely. I have determined that the damage in cer­ MC-29642 Sub 5, Five Transportation Co., tain areas of the State of Mississippi result­ CAREER DEVELOPMENT COMMITTEE now being assigned hearing June 4, 1973 ing from heavy rains and flooding beginning (1 week), at Savannah, Ga., at the Ramada on or about March 14, 1973, are of sufficient Continuation Inn, Route 17A, foot of Talmadge Bridge. severity and magnitude to warrant a major Pursuant to the Federal Advisory MC 117940 Sub 80, Nationwide Carriers, Inc., disaster declaration under Public Law 91-606. Committee Act (Public Law 92-463), the now being assigned June 11, 1973 (2 days), I therefore declare that such a major disaster Veterans Administration has determined at St. Paul, Minn., in a hearing room to be exists in the State of Mississippi. You are to later designated. determine the specific areas within the State that the continuation of the Veterans MC 61396 Sub 234, Herman Bros., Inc., MC eligible for Federal assistance under this Administration Career Development 107496 Sub 839, Ruan Transport Corp., declaration. Committee is in the public interest in MC 108449 Sub 337, Indianhead Truck connection with the performance of du­ Line, Inc., MC 124078 Sub 518, Schwerman Notice is hereby given that pursuant to ties imposed on the Veterans Adminis­ Trucking Co., now being assigned June 13, the authority vested in me by the Presi­ tration by law. 1973 (3 days), at St. Paul, Minn., in a dent under Executive Order 11575 to ad­ hearing room to be later designated. minister the Disaster Relief Act of 1970 Signed at Washington, D.C., this 26th MC 114211 Sub 185, Warren Transport, Inc., (Public Law 91-606) I hereby appoint Mr. day of March 1973. now being assigned June 18, 1973 (1 day), William C. McMillen, Regional Director, at St. Paul, Minn., in a hearing room to OEP Region 4, to act as the Federal Co­ D onald E. J ohnson, be later designated. ordinating Officer to perform the duties Administrator. MC 114457 Sub 127, Dart Transit Co., now specified by section 201 of that Act for [FR Doc.73-6232 Filed 3-30-73;8:45 am] being assigned June 19, 1973 (1 day), St. Paul, Minn., in a hearing room to be later this disaster. designated. I do hereby determine the following COOPERATIVE STUDIES EVALUATION AB 7 Sub 6, Chicago, Milwaukee, St. Paul, areas in the State of Mississippi to have COMMITTEE and Pacific Railroad Co. abandonment be­ been adversely affected by this declared Continuation tween Isinours Junction and Caledonia, major disaster. Fillmore, and Houston Counties, Minn., Pursuant to the' Federal Advisory now being assigned June 21, 1973 (2 days), T he Counties Of Committee Act (Public Law 92-463), the at Caledonia, Minn., in a hearing room Alcorn. Lowndes. Veterans Administration has determined to be later designated. Bolivar. Monroe. that the continuation of the Veterans MC 136693, Robert A. Doty, doing business Clay. Sunflower. Administration Cooperative Studies as D. & D. Delivery Service, now assigned Grenada. Tallahatchie. June 4, 1973, at Dallas, Tex., will beheld Humphreys. Tippah. Evaluation Committee is in the public in the Tax Courtroom, U.S. Post Office and Itawamba. Union. interest in connection with the perform­ Courthouse Building, Bryan and Ervay Lauderdale. Warren. ance of duties imposed on the Veterans Streets, Dallas, Tex. Lee. Washington. MC 108207 Sub 363, Frozen Food Express, Leflore. Yazoo. Administration by law. Inc., now assigned June 6, 1973, MC 136972, Signed at Washington, D.C., this 26th Midwest Contract Carriers, Inc., now as­ Dated: March 27,1973. day of March 1973. signed June 11, 1973, will be held at the D arrell M. T rent, Tax Courtroom, U.S. Post Office and Court­ Acting Director, [seal] D onald E. J ohnson, house Building, Bryan and Ervay Streets, Office of Emergency Preparedness. Administrator. Dallas, Tex. [FR Doc.73-6233 Filed 3-30-73;8:45 am] MC 136468 Sub 1, Virginia Air Freight Inc., [FR Doc.73-6280 Filed 3-30-73:8:45 am] now being assigned continued hearing April 25, 1973, at the offices of the Inter­ TARIFF COMMISSION INTERSTATE COMMERCE state Commerce Commission, Washington, COMMISSION D.C. WATCHES AND WATCH MOVEMENTS MC 138141, Louis Sanitora, Jr., doing business FROM INSULAR POSSESSIONS [Notice 210] as AAA United Limousine Service, now ASSIGNMENT OF HEARINGS assigned April 24, 1973, will be held at the Determination of Apparent 1972 Consump- Tax Courtroom, Federal Office Building, Entryand Quotas for Duty-Free M arch 28,1973. 970 Broad Street, Newark, N.J. Cases assigned for hearing, postpone­ [seal] R obert L. O swald, «n? ^ cordance with headnote 6(c) of ment, cancellation or oral argument ap­ Secretary. Schedule 7, Part 2, Subpart E, of the pear below arid will be published only [FR Doc.73-6292 Filed 3-30-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8490 NOTICES FOURTH SECTION APPLICATION FOR 4803. Rates are published to become ef­ relied upon by petitioners must be spec­ ified in their petitions with particularity. RELIEF fective on May 5,1973. By the Commission. No. MC-FC-73907. By order of March 28, 1973. March 9, 1973, the Motor Carrier Board [seal! R obert L. O swald, approved the transfer to Jordan Bus An application, as summarized below, - Secretary. Co., Inc., Hugo, Okla., of certificate No. has been filed requesting relief from the [FR Doc.73-6293 Filed 3-30-73;8:45 am] MC-9873, issued September 14, 1949, to requirements of section 4 of the Inter­ Denco Bus Lines, Inc., Hugo, Okla., authorizing the transportation of pas­ state Commerce Act to permit common [Notice 243] carriers named or described in the appli­ sengers and their baggage, and ex­ MOTOR CARRIER BOARD TRANSFER press, mail, and newspapers, in the same cation to maintain higher rates and PROCEEDINGS vehicle with passengers, over regular charges at intermediate points than Synopses of orders entered by the routes, between Oklahoma points. L. C. those sought to be established at more Motor Carrier Board of the Commission Major, Jr., Major, Sage, and King, 301 distant points. pursuant to sections 212(b), 206(a), 211, Tavern Square, 421 King Street, Alexan­ Protests to the granting of an applica­ 312(b), and 410(g) of the Interstate dria, VA 22314, attorney for applicants. tion must be prepared in accordance with Commerce Act, and rules and regulations No. MC-FC-74052. By order of March § 1100.40 of the general rules of prac­ prescribed thereunder (49 CFR Part 9, 1973, the Motor Carrier Board, on re­ 1132), appear below: consideration, approved transfer of the tice (49 CFR 1100.40) and filed on or Each application (except as otherwise remaining portion of the operating before April 17,1973. specifically noted) filed after March 27, rights contained in certificate No. MC- FSA No. 42651—Rice mill feed from 1972, contains a statement by applicants 129449 (Sub No. 7) to Flatt’s Lumber Stuttgart, Ark. Filed by Southwestern that there will be no significant effect Transport, Inc., Condon, Oreg., said cer­ Freight Bureau, agent (No. B-395), for on the quality of the human environ­ tificate issued to Lumber Transport, Inc., ment resulting from approval of the ap­ Canyon City, Oreg., and the portion interested rail carriers. Rates on rice mill plication. As provided in the Commis­ transferred herein covering the trans­ feed, pelletized, in bulk, in covered hop­ sion’s special rules of practice any inter­ portation of sawdust, wood chips, and per cars, as described in the application, ested person may file a petition seeking wood shavings, from points in Wheeler from Stuttgart, Ark., to specified points reconsideration of the following num­ and Morrow Counties, Oreg., to points in in Kansas, Oklahoma, and Texas, when bered proceedings on or before April 23, Idaho and Washington. Roy Kilpatrick, destined beyond via truck. 1973. Pursuant to section 17(8) of the attorney, P.O. Box 385, John Day, Oreg. Grounds for relief—Motortruck com­ Interstate Commerce Act, the filing of 97845. such a petition will postpone the effective [seal] R obert L. O swald, petition. Secretary. Tariff—Supplement 98 to Southwest­ date of the order in that proceeding [FR Doc.73-6291 Filed 3-30-73;8:45 am] ern Freight Bureau, agent, tariff ICC pending its disposition. The matters

FEDERAL REGISTER PAGES AND DATES— APRIL

Pages Date 8419-8499______Apr. 2

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 MONDAY, APRIL 2, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 62*

PART II

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Office of the Secretary

RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES 8492 RULES AND REGULATIONS Subpart E— Payments in lieu of Actual Moving Title 45— Public Welfare The original text of § 15.22 has been designated as paragraph (a) and a new and Related Expenses SUBTITLE A— DEPARTMENT OF HEALTH, paragraph (b) has been added to insure Sec. EDUCATION, AND WELFARE, GENERAL prompt payment of entitlements, and to 15.30 Use of schedules in connection with ADMINISTRATION provide for prepayment when justified in displacement from dwelling. PART 15— RELOCATION ASSISTANCE AND hardship cases, which prepayment may 15.31 Fixed payment for person displaced REAL PROPERTY ACQUISITION POLICIES from his place of business or farm be made prior to the filing of supporting operation. On December 13,1972, there were pub­ documentation. Subpart F— Replacement Housing Payments lished in the F ederal R egister (37 FR In § 15.39(f) a new sentence has been 26523-26530) a notice and text of pro­ added, in conformity with paragraph 15.35 Payments for replacement housing posed revised rulemaking regarding re­ 6.2a(5) of OMB Circular No. A-103, to costs to homeowners. location and real property acquisition accommodate reasonable requests of dis­ 15.36 Limitation on payments for replace­ placed persons concerning the manner ment housing costs. policies. Interested persons were given 15.37 Payments for additional interest costs until January 22, 1973, to submit com­ of making rental payments. Section 15.50(a)(2) has been rewrit­ incurred. ments or suggestions thereon. No affirm­ 15.38 Mortgage insurance. ative comments or suggestions were ten to make it clear that tenants will be 15.39 Payments to tenants and others for received other than those referred to provided prompt' written notice of the the rental of replacement dwellings. initiation of negotiations and that re­ 15.40 Payments to tenants and others for below. location advisory programs will be pro­ the purchase of replacement dwell­ The descriptive heading of the regula­ vided to both owners and tenants, who ing. tions has been amended by deleting the will be provided information in that re­ 15.41 Notice to tenants of initiation of word “Act” as being superfluous and to negotiations for the property. conform to the heading of the initial gard upon request. regulations. In § 15.54(b) after “fair hearing” the Subpart G— Relocation Assistance Advisory phrase “with the right to be represented Services In § 15.4(k), the definition of “finan­ by counsel” has been added. The sug­ cial means” has been amended to in­ 15.45 Relocation assistance advisory serv­ gested specificity as to time in lieu of ices. clude, rather than to exclude, from the merely “promptly” and provisions con­ gross income of a displaced person the cerning the availability of free legal serv­ Subpart H— Federally Assisted Programs amount of supplemental payments made ice organizations and of recourse to the 15.50 Assurances from State agencies. to him by public agencies. That change courts are not deemed practicable in view 15.51 Unsatisfactory assurances. conforms the regulation in that regard of the wide diversity of grantees and of 15.52 Records. to paragraph 11.3e of OMB Circular No. 15.53 State agency contracts for relocation their local laws and conditions. assistance. A-103. Effective date. This revision is effective 15.54 Appeals. Section 15.37(b) has been amended to on April 2,1973. 15.55 Funding of the cost of payments and 'make it clear that finance charges, which assistance. are specifically excluded from § 15,36, are Dated: March 26,1973. 15.56 Advance payments. in fact included in § 15.37. Also, § 15.37 Approved: March 26,1973. has been clarified to insure that the dis­ Subpart I— Real Property Acquisition Policies placed person is entitled to the actual Caspar W. W einberger, 15.60 Just compensation. cost of mortgage points and finance Secretary of Health, 15.61 Negotiations for the acquisition of Education, and Welfare. real property. charges paid in connection with the pur­ 15.62 Notices to tenants and owners. chase of a replacement dwelling, rather Part 15 of Title 45, Subtitle A, of the than to the present value of such Code of Federal Regulations is revised Subpart J— Relocation Assistance Payments as charges discounted over the term of the Income to read as follows: 15.67 Relocation payments and assistance as mortgage. income or resources for purpose of / Section 15.39(f) has been amended to Subpart A— General other laws. specify that the installment payments Sec. referred to are in fact semiannual in­ 15.1 Purpose. Authority: Sec. 213,84 Stat. 1900, 42 U.S.C. 15.2 Background. 4633. stallments. The last sentence thereof has Subpart A—General been amended to require, at the time of 15.3 Effective date. 15.4 Definitions. § 15.1 Purpose. the payment of the initial installment, 15.5 Applicability. a determination that the displaced per­ 15.6 Categorical exceptions. The purpose of the regulations in this son is in fact occupying a decent, safe, part is to implement the Uniform Relo­ and sanitary dwelling. There has been Subpart B— Assurances from State Agencies a cation Assistance and Real Property Ac­ eliminated the requirement of a certi­ Condition Precedent to Participation in Fed­ quisition Policies Act of 1970 (Public fication to that effect from the occupant erally Assisted Programs Law 91-646) and the guidelines therefor at the time of each installment. That 15.10 State agency program assurances. in OMB Circular No. A-103, of May 1, change conforms to the determination of Subpart C— Assurance of Adequate Replacement 1972. the Relocation Assistance Implementa­ Housing Prior to Displacement by a Project § 15.2 Background tion Committee established by OMB that 15.15 Project assurance of bousing avail­ such a determination is not legally re­ ability. The Act provides a uniform policy for quired at the time of each installment 15.16 Housing provided as a last resort. the fair and equitable treatment of payment. That change is particularly ap­ 15.17 Loans for planning and preliminary owners and tenants of real property who propriate in view of the other change expenses. are displaced» by Federal or federally therein noted below. Subpart D— Actual Moving and Related Expenses assisted programs or projects or whose In addition, the following changes and Losses real property or interests in real property were made to reflect the suggestions re­ is taken for or as a direct result of such 15.21 Eligibility. ceived from the Institute for Public In­ 15.22 Application. programs or projects. The need rf or such terest Representation, Georgetown Uni­ 15.23 Allowable moving and related _ ex­ a uniform policy arises from the grow­ versity Law Center: penses. ing impact on such persons of such pro­ In § 15.4(1), in the definition of “ini­ 15.24 Direct losses Incurred in moving or grams and projects as they evolve to tiation of negotiations” the phrase “and discontinuing a business or farm meet the public needs of a growing, ana furnishes him with a written offer to operation. increasingly urban, population. Title II purchase the real property” has been sub­ 15.25 Allowable expenses in connection of the Act provides for a program of re­ with searching for a replacement location payments, of relocation assist­ stituted for “at which the price of the location for a business or farm ance (including advisory services), of real property is discussed” as being more operation. assurances that prior to the displace­ 15.26 Nonallowable moving expenses and in conformity with paragraph 5.7a(l) ment of persons comparable quality of OMB Circular No. A-103. losses.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 RULES AND REGULATIONS 8493 decent, safe, and sanitary replacement are conducted regularly on a bona fide or capital loan to the District of Colum­ housing will be available for them, and basis, and does not include activities con­ bia or any Federal guarantee or of economic adjustments and other ducted as avocations. insurance. assistance to owners and tenants dis­ (d) “The Department” means the (k) “Financial means” means the abil­ placed from their homes, businesses, or U.S. Department of Health, Education, ity of a displaced person to afford the farm operations. Title i n of the Act and Welfare or one of its constituent rental or price of a replacement dwelling provides a uniform policy with respect to agencies. determined to be available for rent or real property acquisitions for or as a (e) “Displaced person” means any sale to such a displaced person. For this direct result of Federal or federally person who moves from real property, purpose, the rental or housing cost (e.g., assisted programs or projects. or moves his personal property from mortgage payments, insurance for the real property, as a result of the acquisi­ dwelling unit, property taxes, and other § 15.3 Effective date. tion, in whole or in part, of such real related recurring expenses) which the Relocation payments and assistance property, or as a result of the written displaced person will be required to pay provided for by title n of the Act are order of the acquiring agency to vacate for the replacement dwelling should not to be made to all persons otherwise such real property for a program or proj­ normally exceed the fair rental or value eligible who are displaced on or after ect undertaken by the Department, or of the acquired dwelling by more than January 2, 1971; the real property ac­ by a State agency for or as a direct 20 percent and, for purposes of housing quisition policies provided by title i n result of a program or project for which referrals, the rental value should not, of the Act apply to real property acqui­ it receives Federal financial assistance except in unusual circumstances, exceed sitions on or after January 2, 1971. Until from the Department. It also means, but 25 percent of the gross income of the dis­ July 1,1972, the provisions of both those solely for purposes of entitlement to the placed persion including supplemental titles of the Act applied to State pro­ actual cost of moving and related ex­ payments made by public agencies. grams and projects receiving Federal penses or to a sum in lieu thereof or of (l) “Initiation of negotiations” means financial assistance, to the extent that entitlement to relocation assistance ad­ the first personal contact by or on be­ the State was under its laws able to visory services, such a person who so half of the displacing agency with the comply with those titles. On July 2,1972, moves from other real property, or so owner of real property or with his rep­ the provisions of title n and the provi­ moves his personal property from other resentative at which the price of the real sions of sections 303 and 304 of title real property, as a result of the acquisi­ property is discussed. III, relating to incidental expenses and tion for or as a direct result of such A (m) “Mortgage” means a deed of litigation expenses in connection with program or project of, or the written trust or lien commonly used in the State real property acquisitions, became fully order of the acquiring agency to vacate, in which the real property is located to applicable to State programs and proj­ such other real property on which such secure advances on, or the unpaid pur­ ects receiving Federal financial assist­ person conducts a business or farm chase price of, real property, together ance; and the provisions of sections 301 operation. with the credit instruments, if any, se­ and 302 of the Act, relating to real prop­ (f) “Displacing agency” means the cured thereby. erty acquisition policies and to practices Department when it acquires real prop­ (n) “Nonprofit organization” means a relating to the acquisition of buildings, erty or gives a written notice to a person partnership, corporation, or association structures, and improvements, continue to vacate real property for a program or no part of the profits of which inures, or to guide State programs and projects project undertaken by the Department, is intended to inure, to the benefit of any receiving Federal financial assistance, or a State agency so acting for or as a private shareholder or individual. but only to the greatest extent practica­ direct result of a program or project for (o) “Owner” means a person who holds ble under State law. which financial assistance is provided by a fee simple title, a life estate, or a 99- § 15.4 Definitions. the Department and which results in the year lease in real property, or an interest displacement of a person. in a cooperative project which includes (a) The “Act” means the Uniform Re­ (g) “Dwelling” means the structure the right of occupancy, or who is pos­ location Assistance and Real Property constituting the place of permanent, or sessed of such other proprietary interest Acquisition Policies Act of 1970 (Public customary and usual, abode of a person. in real property as, in the judgment of Law 91-646), approved January 2, 1971 It includes a single-family dwelling; a the Secretary,, warrants being treated as (42 U.S.C. 4601-4655). multifamily building; a condominium or ownership. In the case of a person who (b) “Actually occupied” means openly cooperative housing project; or a mobile has succeeded to any of the foregoing and visibly occupied by the owner or home or other residential unit. interests in real property by devise, be­ tenant or his immediate family more (h) “Family” means two or more in­ quest, inheritance, or operation of law, than temporarily or casually, but does dividuals who are related by blood, adop­ the tenure of the succeeding owner in­ not call for constant personal presence tion, marriage, or guardianship, or one cludes the tenure of the preceding owner nor foreclose temporary absence occa­ of whom stands in loco parentis to an­ in relation to ownership but not in rela­ sioned by some casualty or for business other, and who live together as a family tion to occupancy. or pleasure. unit. However, individuals who live to­ (p) “Person” means any individual, (c) “Business” means any lawful ac­ gether as a family unit as if they were partnership, corporation, or association. tivity, except a farm operation, includ­ so related may be regarded as a single (q) “Secretary” means the U.S. Sec­ ing an activity by a nonprofit organiza­ family. retary of Health, Education, and Welfare. tion, conducted primarily: (1) For the (i) “Farm operation” means any ac­ (r) “State” means any of the several purchase, sale, lease, or rental of per­ tivity conducted solely or primarily for States of the Union, the District of sonal or real property or for the manu­ the production of one or more raw agri­ Columbia, the Commonwealth of Puerto facturing, processing, or marketing of cultural products or commodities, includ­ Rico, any territory or possession of the products, commodities, or other items ing timber, for sale or home use, and cus­ United States, the Trust Territory of the of personal property, (2) for the sale of tomarily producing such agricultural Pacific Islands, or any political sub­ services to the public, or (3) but solely products or commodities in quantities division thereof. for purposes of entitlement to the cost sufficient to be capable of contributing ..(s) “State agency” means any depart­ of actual moving and related expenses, materially to the operator’s support. ment, agency, or instrumentality of a for assisting in the purchase, sale, resale, (j) “Federal financial assistance” State or any department, agency, or in­ manufacture, processing, or marketing means a grant, loan, or contribution pro- ^ strumentality of two or more States, and of products, commodities, other personal vided by the Department, whether in the includes a State itself. Property, or services by the erection and form of a grant, contract, or agreement maintenance of outdoor advertising dis­ and without regard to whether the fi­ § 15.5 Applicability. plays, whether or not such displays are nancial assistance applies to the acquisi­ (a) This part applies, in relation to located on the .premises on which any tion of real property required for, or as a title n of the Act, to all direct projects of such activities are conducted. The direct result of, the project being assisted, of the Department which have resulted term includes only those activities which but does not mean any annual payment in or will result in the displacement of

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8494 RULES AND REGULATIONS persons or, in relation to title i n of the and improvements prescribed by section local building, plumbing, electrical, hous­ Act, which have resulted in or will result 302 of the Act. ing and occupancy codes or regulations. in the acquisition of real property. (c) The assurances required by thisThe following criteria, subject to adjust­ (b) This part applies, in relation tosection will be required even though the ment for unusual circumstances or for title II of the Act, to all projects of State financial assistance by the Department Unique geographical areas, will be applied agencies receiving'financial assistance in does not extend to the acquisition of the in determining whether a dwelling is de­ whole or in part from the Department real property, whether or not such real cent, safe, and sanitary: which projects have resulted in or will property is furnished by the State agency (1) If it is a housekeeping unit it must result in the displacement of persons or, as a required contribution incident to a include a kitchen with a fully usable in relation to title III of the Act, which project receiving financial assistance sink; a cooking stove, or connections for have resulted in or will result in the from the Department. one; a separate and complete bathroom; acquisition of real property. For this pur­ h6t and cold running water in both the Subpart C— Assurance of Adequate Re­ kitchen and bathroom; an adequate and pose, it is immaterial whether Federal placement Housing Prior to Displace­ funds are used by the State agency for ment By a Project safe wiring system for lighting and other the acquisition of such real property as is electrical services; and such heating fa­ required for, or as a direct result of, the § 15.15 Project assurance of housing cilities as are required by local housing project. availability. codes or are called for by climatic conditions. § 15.6 Categorical exceptions. (a) The Department will not proceed with any phase of a project, or authorize (2) If it is a nonhousekeeping unit This part does not apply to federally a State agency to proceed with any phase it must meet local code standards for assisted projects of those entities, such as of a project, which will result in the dis­ boarding houses, hotels, or other congre­ private entities, that do not meet the placement of any person until the De­ gate living quarters. If local codes do definition of a State agency in § 15.4(s), partment has determined, or received not include requirements relating to- except when such an entity is acting as from the displacing State agency (in ad­ space and sanitary facilities, standards an agent or contractor of a State agency, dition to the assurances called for by to be applied in that regard are subject or of the Department, in the discharge of § 15.10) a relocation plan containing to the approval of the Secretary. its responsibilities. satisfactory assurances that within a rea­ (3) Occupancy standards must com­ Subpart B— Assurances From State Agen­ sonable period of time prior to the dis­ ply with local housing codes or, in the cies as a Condition Precedent to Partici­ placement of such persons by that proj­ absence of such local housing codes, the pation in Federally Assisted Programs ect there will be, on a basis consistent requirements of the Secretary in that with the requirements of title VIII, Fair regard. § 15.10 State agency program assur­ Housing, of Public Law 90-284 (42 U.S.C. (©) Where local housing codes do not ances. Ch. 45), available in areas not generally exist or do not contain adequate mini­ (a) The Department will not approve less desirable in regard to public utilities mum standards, the Secretary will pre­ any grant to, or contract or agreement and public and commercial facilities, scribe the minimurh standards to be with, a State agency under a program for such as schools, stores, and public trans­ applied. which financial assistance will be avail­ portation, and at rents or prices within § 15.16 Housing provided as a last able from the Department to pay all or the financial means of the families and resort. part of the cost and which will result in individuals displaced, decent, safe, and the acquisition of real property or an sanitary dwellings (as described in para­ The Secretary will provide for replace­ interest therein and in the displacement graph (d) of this section) equal to the ment housing for Federal projects, or oh or after January 2, 1971, of any per­ number of, and available to, those of take or approve action by a State agency son, until satisfactory assurances are re­ such displaced persons who are expected to develop replacement housing for proj­ ceived from that State agency that fair to require replacement dwellings and ects financially assisted by the Depart­ and reasonable relocation payments and ment. In taking or approving such ac­ reasonably accessible to their places of tion, the Secretary will be guided by the assistance will be provided by the dis­ employment. A State agency that is not placing agency under title II of the Act required to obtain an authorization from criteria and procedures prescribed by the and this part; that relocation assistance Secretary of Housing and Urban Devel­ the Department with respect to individ­ opment and published at 37 F.R. 3633 on programs offering the advisory services ual projects must nevertheless submit a described in section 205 of the Act and relocation plan to the Department for February 18, 1972 (24 CFR Part 43, this part will be provided to such dis­ approval unless the State agency déter­ Subpart A). placed persons; and in connection with mines before the project is carried out § 15.17 Loans for planning and pre­ individual projects that, within a reason­ that the project will not cause the dis­ liminary expenses. able period of time prior to the displace­ location of persons. Section 215 of the Act authorizes the ment of persons, decent, safe, and sani­ (b) An assurance or determination making of loans, in the nature of seed tary dwellings will be available, as pro­ called for by paragraph (a) of this sec­ money loans, for planning and obtaining vided for in § 15.15 to persons so dis­ tion must be based upon a current survey federally insured mortgage financing to placed by that project. and analysis of available replacement stimulate the construction or rehabilita­ (b) In connection with programs housing made by or on behalf of the dis­ tion of sale and rental housing to meet which result in the acquisition of real placing agency. Such a survey and anal­ the needs of displaced persons. Such property, whether or not involving the ysis must take into account competing loans may be made to nonprofit, limited displacement of persons, the Department demands for such housing. dividend, or cooperative organizations, will also require, as a condition precedent (c) In certain extraordinary situations, or to public bodies, for not more than 80 to providing financial assistance, assur­ such as where immediate possession of percent of the reasonable expenses, prior ances that expenses incidental to the real property is of crucial importance, to construction, for activities such as pre­ transfer of title, and litigation expenses the Secretary may waive or modify the liminary surveys and analyses of market in the event the real property is not in requirements of paragraph (a) of this needs, preliminary site engineering and fact so acquired, will be paid as provided section. A request for such a waiver or architectural fees, site title searches and appraisals, application and mortgage for in sections 303 and 304 of the Act, and modification must be supported by a documentation sufficiently substantial to commitment fees and charges, legal fees, that the State agency will be guided, to show the need for such a waiver or and construction loan fees and dis­ the greatest extent practicable under modification. counts. Loans to nonprofit organizations State law, by the real property acquisi­ (d) A decent, safe, and sanitary dwell­ will be interest free. The making of such tion policies prescribed by section 301 of ing is one which is in sound, clean, and loans is subject to the criteria and pro­ the Act and by the practices relating to * weathertight condition and which meets cedures prescribed by the Secretary oi the acquisition of buildings, structures, the applicable requirements of State and Housing and Urban Development? and

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 RULES AND REGULATIONS 8495 published at 37 F.R. 14768 on July 25, through the fault or negligence of the stockpiled sand, gravel, minerals, metals, 1972 (24 CFR Part 43, Subpart B ). displaced person or his agent or em­ or similar items of personal property. ployee) in the process of moving or in (e) If the cost of moving or relocating Subpart D—Actual Moving and Related storage authorized pursuant to subpara­ an outdoor advertising display is deter­ Expenses and Losses graph (4) of this paragraph, if insurance mined by the displacing agency to be § 15.21 Eligibility. to cover such a loss was not reasonably equal to or in excess of the in-place value Any displaced person (including one available. of the display, consideration should be who conducted a business or farm opera­ (7) The cost of removal, installation, given to acquiring such a display as a tion on acquired property) is eligible for and reestablishment of, and the recon­ part of the real property except when payment for his moving and related ex­ nection of utilities for, machinery, equip­ such an acquisition is prohibited by law. penses in moving from real property ac­ ment, appliances, and other items not § 15.25 Allowable expenses in connec­ quired by or on behalf of a displacing acquired as real property, including such tion with searching for a replacement agency. A person who conducts a busi­ modifications thereof as is deemed nec­ location for. a business or farm ness or farm operation on acquired prop­ essary by the Secretary. Prior to the pay­ operation. ment for any such costs in relation to erty on which he lives or on other ac­ such property, the displaced person must (a) The following expenses are allow­ quired property may be eligible for the agree in writing that such property is able under this subpart in connection moving and related expenses of himself personalty and that the displacing with the searching for a replacement lo­ and his family, and for his personal agency is released from any liability for cation for a business or farm operation: property, including personal property payment for the value of such property. (1) Actual travel costs but not in ex­ used in such a business or farm (8) Such other related expenses as the cess of 10 cents a mile. operation. Secretary determines to be reasonable (2) Cost of meals and lodging away § 15.22 Application. under the circumstances. from home. (3) The value of time spent in search­ (a) A displaced person eligible for pay­ (b) When the displaced person accom­ plishes the move by himself or by the ing for a replacement location for a ments under title II of the Act shall be business or farm operation, at the rate entitled to payments or assistance under use of his family or employees, the amount of allowable expenses will not ex­ of the displaced person’s salary or earn­ this subpart only upon application there­ ings but not in excess of $10 an hour. for, with necessary supporting documen­ ceed the estimated commercial -cost of such a move. (4) In the discretion of the displac­ tation, within 18 months from the date ing agency, such brokerage, realtor, or of his displacement or from the date on § 15.24 Direct losses incurred in moving other professional fees in connection which the displacing agency makes final or discontinuing a business or farm with relocating a business or farm op­ payment for the real property, whichever operation. eration in the area as is customary under is later. The head of the displacing (a) If a displaced person does not the circumstances. agency may extend that period upon a move personal property used in a busi­ (b) The total amount allowable to a proper showing of good cause. ness or farm operation but has made a displaced person under this section will (b) Payments to a displaced person bona fide effort to sell such personal not exceed $500 unless the Secretary under title n of the Act shall be made property, he is entitled to payment for determines that a larger amount is justi­ promptly after he moves. Such payments the loss of such personal property, and fied under the circumstances. may be made in advance of such a move he may be reimbursed for expenses rea­ in a hardship case justifying such an sonably incurred in such a selling effort. § 15.26 Nonallowable moving expenses advance payment even though full docu­ (b) If a business or farm operation is and losses. mentation supporting the application discontinued, a displaced person is en­ The following expenses are not allow­ has not been filed. titled, with respect to personal property able under this subpart in connection § 15.23 Allowable moving and related which was used in connection therewith, with the relocation of a business or farm expenses. to a payment for what would have been operation: its fair market value for its continued (а) Subject to the limitations in para­ (a) Additional expenses incurred be­ graph (b) of this section, the following use at its location prior to displacement cause of living at a new location. m inus the net proceeds from its sale or, (b) The cost of moving structures or expenses are allowable as moving and if abandoned after a bona fide effort to related expenses : other improvements to real property as (1) The cost of transportation of in­ sell, to the estimated cost of moving it 50 to which the displaced person reserved dividuals, families, and personal property miles, whichever is less. Payments to a ownership, except as otherwise provided to a replacement site not more than 50 displaced person shall not be offset by for by the Act. miles distant except when the Secretary the cost to the displacing agency of re­ (c) The cost of improvements to the determines that relocation beyond 50 moving such abandoned property. replacement site, except as provided for miles is justified under the circum­ (c) If a business or farm operation is in § 15.23. stances. reestablished, a displaced person is en­ (d) Interest on loans to cover moving (2) The cost of packing and crating, titled, with respect to personal property and related expenses. and of unpacking and uncrating, per­ which was used in connection therewith (e) Loss of goodwill. sonal property. but which is not moved but rather is sold (f) Loss of profits. and promptly replaced by a comparable (g) Added expenses incurred because (3) The cost of advertising for pack­ item, to a payment for its replacement ing and crating, unpacking and uncrat­ of a loss of trained employees. cost minus the net proceeds from its sale (h) Expenses or losses resulting from ing, and transportation services when the or the estimated cost of moving it 50 personal injury. Secretary determines that such adver­ miles, whichever is less. tising is necessary or desirable. (i) The cost of preparing applications (d) If personal property used in a busi­ for moving and related expenses and of (4) The cost of storage of personal ness or farm operation to be moved is of preparing supporting documentation. property for a period of time when the high bulk and low value and the cost of (j) The cost of the modification of Secretary determines that storage for moving it would, in the judgment of the personal property to adapt it to the re­ such a period, generally not in excess of Secretary, be disproportionate to its placement site, except when required by 12 months, is necessary or desirable in value, the allowable expense of moving law. connection with the relocation. such personal property will not exceed (k) The cost of searching for a re­ (5) The cost of premiums on insurance the cost of replacing it at the relocated placement dwelling. covering the loss of or damage to per­ premises with comparable personal (l) The cost of establishing a different sonal property while in transit or in stor­ property available on the market minus or larger business or farm operation to age authorized pursuant to subparagraph the estimated net amount that would the extent that such a cost exceeds the (4) of this paragraph. have been received for such personal estimated cost of reestablishing the busi­ (б) The value of personal property property on liquidation. This provision is ness or farm operation being discon­ lost, stolen, or damaged (other than applicable to junkyard items and to tinued.

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8496 RULES AND REGULATIONS Subpart E— Payments in Lieu of Actual (2) The nature of the clientele of the is within the financial means of the dis­ Moving and Related Expenses displaced person. placed person, and which is available on § 15.30 Use of schedules in connection (3) The availability of property suit­ the private market. If, such housing is with displacement from dwelling. able for use as a new location on which not available, the displacing agency may, to conduct the business. for purposes of this subpart and for mak­ A person displaced from a dwelling (4) The relative importance to the ing housing referrals, consider housing may at his option receive, in lieu of business of the present location and such exceeding the other basic criteria. actual moving and related expenses for new locations as are available. himself and his family under Subpart D (d) The determinations of whether § 15.36 Limitation on payments for re­ of this part, a moving expense allow­ there will be a substantial loss of existing placement housing costs. ance, not in excess of $300, determined patronage of an activity conducted by a (a) The amount of a payment for the according to schedules established by nonprofit organization and of whether additional cost of a replacement dwell­ the highway department of the State in the activity is a part of an enterprise ing to .a displaced dwelling owner will which the acquired dwelling is located with at least one other establishment not exceed the difference between the and approved by the Federal Highway which is engaged in the same or a similar amount paid by the displacing agency Administrator or, in the absence of such activity and which is not being acquired for the acquired dwelling and the amount a highway department schedule, accord­ will be made by the Secretary. For this paid by the displaced dwelling owner for ing to schedules established by the Fed­ purpose, the term “existing patronage” a comparable dwelling not in excess of eral Highway Administrator, plus a dis­ includes the persons, community, or a reasonable amount as determined by location allowance of $200. clientele served or affected by the activi­ the schedule method described in para­ § 15.31 Fixed payment for person dis­ ties of the nonprofit organization. graph (b) of this section, or by the com­ placed from his place of business or (e) A payment will be made under this parative method described in paragraph farm operation. section with respect to the acquisition of (c) of this section, or by another method approved pursuant to paragraph (d) of (a) A person displaced from his place a part of, the property used by a person for a farm operation only when the dis­ this section, whichever is the least, and of business or farm operation may, at his in no event will exceed $15,000. option, receive, in lieu of actual moving placing agency determines that the ac­ (b) Schedule method. The Secretary and related expenses in that regard quired property was in fact used for a may establish a schedule of reasonable under Subpart D of this part but in addi­ farm operation before the taking and acquisition costs of comparable replace­ tion to such payments as he may be en­ that the remaining property cannot be ment dwellings for the various types of titled to for himself and his family under expected to be so used for a farm opera­ dwellings to be acquired in the commu­ Subpart D of this part or § 15.30, a fixed tion and continue to contribute substan­ nity or area involved and meeting the payment in the amount of the average tially to the operator’s support. conditions prescribed in § 15.15(d) as annual net earning before Federal, State, Subpart F— Replacement Housing well as being open to all persons regard­ and local income taxes of his bona fide Payments less of race, color, religion, or national business or farm operation during the 2 § 15.35 Payments for replacement hous­ origin consistent with the requirements taxable years immediately preceding the ing costs to homeowners. of title VIII, Fair Housing, of Public Law taxable year in which the business or 90-284 (42 U.S.C. ch. 45). farm operation is moved from the ac­ (a) A person displaced from a dwelling (c) Comparative method. The Secre­ quired real property or during such other actually owned and occupied by him for tary may determine the cost of a com­ period as the head of the displacing at least 180 days prior to the initiation of parable replacement dwelling on the ba­ agency determines to be more equitable negotiations for the acquisition of that sis of the asking price, adjusted to reflect for establishing such average annual net dwelling is entitled, in addition to en­ market experiences, of a dwelling or earnings, including any compensation titlement to other payments under this dwellings most representative of the paid by the business or farm operation part, to payment for the additional cost, dwelling acquired by the displacing to the owner or his spouse or dependents if reasonable, of acquiring a comparable agency and meeting the conditions pre­ during such a base period, but not less replacement dwelling which is decent, scribed in § 15.15(d) and paragraph (b) than $2,500 nor more than $10,000 in safe, and sanitary and which he pur­ of this section. A single dwelling unit will respect of any bona fide business or farm chases and occupies within 1 year from be used for comparison purposes only operation, except that no payment will the date he received final payment for the when additional comparable dwellings be made under this section with respect dwelling from which he was displaced or are not available, t to a business conducted primarily for from the date on which he moved there­ (d) Alternative method. The head of assisting in the purchase, sale, resale, from, whichever is later, as well as pay­ the displacing agency may develop crir manufacture, processing, or marketing of ment for additional interest costs as pro­ teria for computing the cost of replace­ products, commodities, other personal vided for in § 15.37. ment housing when the use of neither of property, or services by the erection and (b) A comparable replacement dwell­ the methods described in paragraph (b) maintenance of outdoor advertising dis­ ing is a dwelling that is functionally or (c) of this section is feasible. Such an plays. equivalent to, and substantially the same alternative method will be subject to the (b) No payment may be made pursuant as, the acquired dwelling, not excluding approval of the Secretary. to this section in respect of a business for this purpose newly constructed hous­ (e) For purposes of this section, the unless the Secretary determines (1) that ing. Each aspect of the dwellings need cost of a replacement dwelling includes the business cannot be relocated without not be individually compard as long as legal, closing, and related costs such as: a substantial loss of existing patronage all the requirements of paragraph (c) of (1) The cost of a title search, the prep­ and (2) that the business is not a part this section are met. aration of conveyance instruments, no­ of an enterprise with at least one other (c) The additional cost of a replace­ tarial fees, surveys, the preparation of establishment which is engaged in the ment dwelling will not be regarded as plats, and charges incident to recorda­ same or a similar business and which is unreasonable if that- additional cost re­ tion, (2) lender’s, FHA, or VA appraisal not being acquired. sults from the need for acquiring a dwell­ fees, (3) FHA application fee, (4) the (c) The determination of whether ing which is decent, safe, and sanitary, cost of a certification of structural there will be a substantial loss of existing which is adequate to accommodate the soundness when required by the lender, patronage is to be made, except as pro­ displaced person and his family, which FHA, or VA, (5) the cost of a credit re­ vided for in paragraph (d) of this sec­ is located in. an area not generally less port, (6) the cost of a title policy or ab­ tion, by the displacing agency after con­ desirable in respect of neighborhood con­ stract of title, (7) an escrow agent’s fee, ditions such as municipal services and and (8) the cost of revenue stamps and sidering all pertinent circumstances, in­ other environmental factors, public util­ of sale or transfer taxes. cluding but not limited to the following ities, and public and commercial facili­ (f) For purposes of this section, the factors: ties, which is reasonably accessible to the cost of a replacement dwelling does not (1) The type of business conducted by displaced person’s place of employment include a fee, cost, charge, or expense the displaced person. or potential place of employment, which determined to be a part of the finance

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 RULES AND REGULATIONS 8497 charge under title I, the Truth in Lend­ cent, safe, and sanitary replacement ing such payments may be modified to ing Act, of Public Law 90-321, and Regu­ dwelling. accommodate a reasonable request of lation “Z” (12 CFR Part 226) issued (b) A displaced owner of a dwelling the displaced person reflecting his wishes pursuant thereto by the Board of which he actually owned and occupied in that regard. Governors of the Federal Reserve for a period of not less than 90 days prior § 15.40 Payments to tenants and others System. to the initiation of negotiations for the for the purchase of replacement acquisition of that dwelling by the De­ dwellings. § 15.37 Payments for additional interest partment or by a State agency as a direct costs incurred. result of a program financially assisted (a) A displaced tenant of a dwelling (a) In addition to entitlement to the by the Department or which he so owned which he actually and lawfully occupied payments provided for by § 15.35, a per­ and occupied for a period of more than for a period of not less than 90 days prior son displaced from a dwelling actually 180 days but as to which he has not pur­ to the initiation of negotiations for the owned and occupied by him shall be en­ chased and occupied a decent, safe, and acquisition of that dwelling by the De­ titled to compensation for any increased sanitary replacement dwelling may be partment or by a State agency as a direct interest costs with respect to the amount eligible for a rental payment under this result of a program financially assisted that is refinanced if the dwelling acquired section. by the Department may be eligible for a by the displacing agency was encumbered (c) The amount of the rental payment payment sufficient for him to make a by a bona fide mortgage for not less under this section, which will not exceed downpayment on the purchase of a than 180 days prior to the initiation of $4,000 for a displaced person, will be decent, safe, and sanitary dwelling if he negotiations for the acquisition of that based on the rental agreed to by the dis­ elects to purchase rather than to rent dwelling. placed person subject to a limitation such a dwelling. (b) A payment under this section shall determined either by the schedule (b) A displaced owner of a dwelling be equal to the difference between the method described in paragraph (d) of which he actually owned and occupied discounted present value of the remain­ this section or by the comparative for a period of not less than 90 days, but ing interest payments that were called method described in paragraph (e) of not more than 180 days, prior to the for by the mortgage on the acquired this section. initiation of negotiations for the ac­ dwelling and the discounted present (d) The Secretary will establish a quisition of that dwelling by the Depart­ value of the interest payments, called for rental schedule for renting comparable ment or by a State agency as a direct with respect to that amount of principal replacement dwellings (or one or more result of a program financially assisted of the mortgage on the replacement dwellings most representative of the by the Department may be eligible for a dwelling that is equal to the unpaid dwelling acquired) which are available payment sufficient for him to make a principal of the mortgage on the acquired in the private market for the various downpayment on the purchase of a dwelling for the length of its remaining types of dwellings to be acquired, based decent, safe, and sanitary dwelling if he term. Such a payment shall also cover upon a current survey and analysis of elects to purchase rather than to rent the cost of points paid with respect to the market for each type of dwelling re­ such a dwelling. the mortgage on the replacement dwell­ quired. Payment pursuant to such a (c) The amount of a payment under ing and the cost of those finance charges schedule will be computed by determin­ this section is the amount, not in excess that are referred to in § 15.36(f). ing the amount necessary to rent a com­ of $4,000, necessary to enable the dis­ (c) For purposes of paragraph (b) of parable replacement dwelling for 4 years placed person to make the downpayment this section, discounted present value (based on the average monthly rental required under a conventional loan ar­ shall be calculated on the basis- of the from the schedule) and by subtracting, rangement for the purchase of a com­ prevailing interest rate paid on savings from that amount an amount equal to parable replacement dwelling plus ex­ deposits by commercial banks in the gen­ 48 times the average monthly rental, if penses incident to such a purchase, eral area in which the replacement dwell­ reasonable, paid by the displaced person except that such a payment must be ing is located. for the acquired dwelling over the 3 applied to the downpayment or inci­ months (or more if necessary to deter­ dental expenses as shown on the closing § 15.38 Mortgage insurance. mine a representative figure) immedi­ statement and shall be matched by the Section 203(b) of the Act authorizes ately preceding the initiation of negotia­ displaced person for the same purpose the head of any Federal agency adminis­ tions for the acquisition of that dwelling. to the extent that such a payment ex­ tering a Federal mortgage insurance pro­ If the average rental was unreasonably ceeds $2,000. gram, upon application by a mortgagee, high or if the displaced person was the § 15.41 Notice to tenants of initiation of to insure any mortgage (including ad­ owner, the subtraction will be based on negotiations for the property. vances during construction) executed a rental charge that is determined would by a person assisted under that section have been reasonable for the acquired When a dwelling is being acquired by on a comparable replacement dwelling, dwelling. The amount subtracted will in­ the Department or by a State agency as which mortgage is eligible for such in­ clude any rent supplements supplied by a direct result of a program financially surance without regard to any eligibility others except when such a supplement is assisted by the Department, tenants requirements otherwise applicable with to be discontinued upon vacation of the actually and lawfully occuping such a respect to age, physical condition, or property. dwelling shall promptly be advised that other personal characteristics of mort­ (e) When the method described in negotiations have been initiated for the gagors, and to make commitments for the paragraph (d) of this section cannot be acquisition of that property and of the insurance of such a mortgage prior to feasibly applied, the Secretary will apply date of the initiation of such negoti­ the date of execution of the mortgage. such criteria as are reasonable and ations. appropriate for computing the rental § 15.39 Payments to tenants and others Subpart G— Relocation Assistance payment. Advisory Services for the rental of replacement dwell­ (f) A payment of $500 or less for rental ings. will be made in a lump sum. All such pay­ § 15.45 Relocation assistance advisory (a) A displaced tenant of a dwelling ments aggregating in excess of $500 will services. which he actually and lawfully occupied be paid in semi-annual installments of (a) All programs of the Department or for a period of not less than 90 days $500 each except that the final install­ of State agencies receiving financial as­ prior to the initiation of negotiations for ment shall be for that amount, not in sistance from the Department shall pro­ the acquisition of that dwelling by the excess of $500, necessary to complete the Department or by a State agency as a payments. Prior to making the initial vide for relocation assistance advisory direct result of a program financially payment, the displacing agency must services for persons displaced as a result assisted by the Department may be have determined that the displaced per­ of such programs, and for persons oc­ eligible for a payment under this section son is occupying a decent, safe, and cupying property immediately adjacent if he rents rather than purchases a de­ sanitary dwelling. The manner of mak- to the real property so acquired who

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 8498 RULES AND REGULATIONS suffer substantial economic injury be (1) That fair and reasonable reloca­ in a maimer satisfactory to the cause of such an acquisition. tion payments and assistance will be Secretary. (b) The program of the Department provided to or for displaced persons as (b) If no such assurance is provided for providing relocation assistance ad­ provided for in this part; only those projects in that State under visory services, which will be admin­ (2) That tenants who will be dislo­ the program involved will be financially istered by the Facilities Engineering and cated will be promptly advised in writing assisted by the Department that do not Construction Agency of the Department, of the initiation of negotiations with the involve the displacement of persons or and the programs for that purpose of owner of the property occupied by them the acquisition of land, as the case may State agencies receiving financial as­ (generally not in excess of 30 days from be. sistance for such programs from the the date of initiation of negotiations), (c) If a State agency does not pro­ Department will: that relocation assistance advisory pro­ vide an assurance pursuant to § 15.50 (1) Determine with respect to persons grams will be available to owners and because of a belief that no real property displaced from their dwellings, their tenants displaced or to be displaced, and is td be acquired for or as a direct result places of business, or their farm opera­ that information concerning applicable of the project involved or that the project tions their needs for relocation assist­ beenfits, policies, and procedures shall be involved will not directly result to the ance arising from such a displacement; provided them upon request; and dislocation of any person and if subse­ (2) Provide current, complete, and (3) That, within a reasonable period quently real property is to fact so ac­ continuing information on the availabil­ of time prior to displacement, decent, quired or a person is in fact so dislocated, ity, prices, and rentals, of comparable safe, and sanitary housing will be avail­ the financial assistance for that project decent, safe, and sanitary dwellings for able to persons to be displaced. by the Department will forthwith be ter­ sale or rent, and of comparable commer­ (b) In the case of each program or minated until such time as the requisite cial properties and locations for displaced project involving the acquisition of real payment or assistance is provided for to businesses; property regardless of whether it results the satisfaction of the Secretary. (3) Assure that suitable replacement in the dislocation of a person, the as­ § 15.52 Records. dwellings will be available to displaced surance shall also provide that the State persons prior to their displacement ex­ agency will be guided, to the greatest Each displacing agency receiving fi­ cept to the extent that that requirement extent practicable under State law, by nancial assistance from the Department is waived or modified in extraordinary the real property acquisition policies pre­ shall keep such records, and submit to scribed in Subpart I of this part and will, the Secretary such reports, regarding re­ situations as provided for in § 15.15(d) ; in any event, pay to the owner of the location payments and assistance as may (4) Assist persons displaced from a real property expenses incidental to the be prescribed by the Secretary. Such place of business or farm operation in transfer of title as prescribed in said records shall include records of notifica­ obtaining and becoming reestablished in Subpart I and, in the event the real tions to tenants to be displaced of the a suitable replacement location; property is not finally acquired, the liti­ initiation of negotiation for the acquisi­ (5) Supply information to displaced gation expenses of the owner as pre­ tion of the properties involved. Such rec­ persons concerning Federal and State scribed in said Subpart I. ords shall be retained for the period housing programs, disaster loan pro­ (c) A State agency assurance called prescribed by the regulations for the af­ grams, and other Federal and State pro­ for by paragraph (a) or (b) of this sec­ fected program for the retention of rec­ grams offering assistance to displaced tion, shall, if appropriate, be accom­ ords but in no event less than 3 years persons, business concerns, or farm oper­ panied by a statement specifying those following the completion of the project ations ; and provisions of such an assurance that the involved, and shall be available for in­ (6) Provide such other advisory serv­ "State agency is unable to give, or that it spection by representatives of the Fed­ ices to displaced persons as are appro­ is not practicable for it to give, in whole, eral Government. priate to minimize the hardships to such or in part, under its State law. Such an § 15.53 State agency contracts for relo­ persons in adjusting to the place of assurance shall also be accompanied by cation assistance. relocation. a statement specifying that part, if any, (c) In order to assure maximum coor­ of the payments required under the (a) A State agency whose programs or dination of relocation activities in a com­ State law of eminent domato to be made projects cause the dislocation of persons munity or area, the displacing agency to the owner of real property to be ac­ may enter into contracts with any person should consult with appropriate local quired which has substantially the same for providing the relocation assistance officials, consistent with the procedures purpose and effect as a relocation pay­ called for by this part, or may carry out contained in the Office of Management ment called for by this part but which, its responsibilities to that regard through and Budget Circular No. A-95 (Revised), without regard to this part, is charge­ any Federal or State governmental before approving any proposed project in able to the Federal financial assistance agency or instrumentality having an es­ that community or area. for the program or project involved or tablished organization for conducting re­ (d) A displacing agency should con­ that no part of such payments is so location assistance programs. sider whether to contract for providing chargeable. Each such statement shall (b) A copy of any such contract or the required relocation services with the be supported by an opinion of the chief other agreement pursuant to this section central relocation agency in such a com­ or other appropriate legal officer of the shall be provided to the Secretary. Such State, containing an adequate discus­ a contract or other agreement shall con­ munity or area or, if necessary, with tain such provisions as are consistent another public agency or a private or­ sion of any asserted legal inability or im­ ganization with the capability of pro­ practicability of the State agency to with this part, including the following viding such relocation services. provide any part of the required assur­ provisions: ances and the extent of any asserted (1) Services will be provided consist­ Subpart H— Federally Assisted Programs inability of the State agency to pay for a ent with the requirements of this part; § 15.50 Assurances from Stale agencies. part of the expenses called for by this (2) Records will be kept and main­ part. tained as required by this part; '(a) The Secretary will, through the (3) The clauses required by Part 80 cognizant agencies of the Department, § 15*51 Unsatisfactory assurances. of this title implementing title VI of the obtain from State agencies applying to (a) If a State agency is unable to pro­ Civil Rights Act of 1964 (Public Law 88- the Department for financial assistance, vide an assurance pursuant to § 15.50 352); or entitled by statute to an allotment that is satisfactory to the Secretary, the (4) Such other provisions as may or apportionment of funds from the De­ project involved shall not be financially from time to time be called for by the partment for financial assistance, with assisted by the Department until such Secretary. respect to programs or projects which time as a satisfactory assurance is so will cause the displacement of any owner provided unless other means of making § 15.54 Appeals. or tenant of real property the following the required payments and of providing (a) Any person aggrieved by a deter­ assurances: the required assistance are provided for mination as to eligibility for, or the

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 RULES AND REGULATIONS 8499 amount of, a payment or assistance property, as a result of the receipt of erty would be acquired for such an im­ under the regulations in this part may written notice to vacate (which notice provement, other than a decrease due to appeal that determination in accordance may have been given before or after physical deterioration within the reason­ with such procedures as may be estab­ negotiations for the acquisition of the able control of the owner, will be dis­ lished by the agency concerned. real property involved). regarded in determining the compen­ (b) Each agency concerned shall es­ (e) State agencies receiving financialsation for the property. In the case of a tablish procedures for such appeals, assistance from the Department for pro­ partial taking, the damages, if any, to which shall assure that the appellant be grams or projects should carefully review the remaining real property shall be accorded a fair hearing with the right to such programs or projects for the pur­ separately stated. be represented by counsel, including the pose of eliminating or lessening the ex­ (3) Appraisals shall be conducted as opportunity for making an oral presen­ tent of the dislocation of persons in order nearly as practicable pursuant to the tation, that each appeal will be decided to minimize the financial and social im­ Uniform Appraisal Standards for Federal promptly, that each appeal decision will pact of such programs and projects and Land Acquisition published in 1972 by the include a statement of the basis for the to avoid significant adverse effects on the Interagency Land Acquisition Conference decision, that the agency will for a pe­ quality of the human environment. (G .P.0.1972). „ riod of 3 years retain all documents as­ sociated with an appeal, that each appel­ § 15.56 Advance payments. (c) The acquiring agency shall lant will have a right of final appeal to i The Secretary may advance Federal promptly either make an offer to pur­ the head of the agency concerned, and funds to a State agency for relocation chase the property at the full amount of tfapt any amounts determined to be due payments and assistance pursuant to this the just compensation therefor as so the appellant will be promptly paid. part if he determines that such an ad­ determined or initiate eminent domain (c) A copy of each appeal decision by vance is necessary for the expeditious or other proceeding that may be required a State agency shall be promptly sent to completion of the program or project. to avoid a cloud on title to the property. the Department. § 15.62 Notices to tenants and owners. Subpart I— Real Property Acquisition § 15.55 Funding o f the cost o f payments Policies (a) Tenants of real property to be ac­ and assistance. quired shall be promptly notified of the § 15.60 Just compensation. (a) The cost to a State agency of pro­ initiation of negotiations for the acquisi­ viding the relocation payments and as­ When real property is acquired by the tion of that real property. sistance to a person displaced by a State Department or by a State agency as a (b) To the greatest extent practicable, agency, and of providing payments to direct result of a program or project re­ an owner or tenant lawfully occupying owners for the acquisition of real prop­ ceiving financial assistance from the De­ real property shall not be required to erty by a State agency, as a direct result partment, the owner of such real prop­ move from a dwelling, or to move his of a program or project for which that erty shall be paid as just compensation business or farm operation, without at State agency receives financial assistance therefor by the Department, or, to the least 90 days’ written notice of the date from the Department shall be a cost greatest extent practicable under State by which such a move is required. Such chargeable in accordance with that pro­ law, by such a State agency, not less a notice shall be served personally or by gram or project unless the Secretary than the approved appraisal of its fair certified (or registered) first-class mail. market value in accordance with § 15.61, determines that a payment required by § 15.63 Payment of certain expenses. a State law of eminent domain has sub­ even if the property is not acquired by stantially the same purpose and effect as, eminent domain proceeding. (a) The owner of real property ac­ and would duplicate, a payment other­ quired shall be reimbursed for expenses § 15.61 Negotiations for the acquisition incidental to the transfer of title to the wise chargeable as a program or project of real property. cost by virtue of this section. real property, and litigation expenses in­ (b) Except to the extent that the costs (a) Before negotiations are initiated curred when real property is not ac­ of such payments and assistance are, by for the acquisition of real property, the quired, as provided for in sections 303 section 207 and 211(a) of the Act, made acquiring agency shall have the real and 304 of the Act. fully chargeable up to $25,000 to the property appraised in terms of its fair Ob) State agencies receiving financial financial assistance provided by the De­ market value, and the owner thereof or assistance from the Department for a partment, such costs shall be eligible for his designated representative shall be program or project involving the acquisi­ reimbursement in the same manner and given an opportunity to accompany the tion of real property shall otherwise be to the same extent as other costs tinder appraiser during his inspection of the guided by the land acquisition policies the program or project involved. It property. enunciated in sections 301 and 302 of the should be noted that the provisions of (b) When negotiations are initiated Act to the greatest extent practicable those sections authorizing the first for the acquisition of real property, the under State law. $25,000 to be fully chargeable to Federal owner thereof shall be furnished a writ­ Subpart J— Relocation Assistance financial assistance expired as of July 1, ten statement concerning the proposed Payments as Income 1972. ' acquisition. Such a statement shall con­ (c) To the extent that Federal funds tain, as a minimum, the following: § 15.67 Relocation payments and assist­ are available for the purpose, existing (1) An identification of the real prop­ ance as income or resources for pur­ grants to, or contracts or agreements erty, including the buildings, structures, pose of other laws. with, State agencies will be amended to and other improvements on the land, as Section 216 of the Act provides that reflect the additional cost, if any, of pro­ well as fixtures, considered to be a part payments received under title II of the viding relocation payments and services of the real property, and the estate or Act in relation to relocation assistance to persons displaced on or after Janu­ interest therein to be acquired. shall not be considered as income for the ary 2,1971, or the date on which the Act (2) The amount of the estimated just purposes of the Internal Revenue Code is fully effective in the particular State, compensation for the property to be of 1954 or for the purposes of determining and of providing the additional pay­ acquired, which shall not be less than the eligibility or the extent of eligibility ments, if any, to the owner of property the agency’s approved appraisal of the of any person for assistance under the acquired on or after such a date, called fair market value of the property to be Social Security Act or any other Fed­ for by this part within the limitations acquired, and a summary of the basis eral law. For the treatment of such pay­ provided for by the Act. for determining the amount of such just ments, particularly in relation to re­ (d) Reimbursement or other partici­ compensation. Any decrease or increase sources, in connection with assistance pation by the Department in payments in the fair market value of the real prop­ under the Social Security Act, see § 233.- made by State agencies for relocation erty prior to the date of its valuation will be limited, except in hardship cases, caused by the public improvement for 20 of this title (37 F.R. 19371, Septem­ to those payments which are made to which the real property is being acquired, ber 20,1972). Persons who move, or move their personal or by the likelihood that the real prop- [FR Doc.73-6049 Filed 3-30-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 62— MONDAY, APRIL 2, 1973 No. 62—P t. II---- a y Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of January 1, 1973) Title 7—Agriculture (Parts 0-45)------$6.50 Title 7—Agriculture (Part 52) ------4.20 Title 7—Agriculture (Parts 53-209) ------7. 00

[A Cumulative checklist of CFR issuances for 1913 appears in the first issue of the Federal Register each month under Title 1]

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

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