TUESDAY, OCTOBER 30, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 208

Pages 29869-29951

PART I

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.

PHASE IV— CLC exempts fertilizer industry from wage and price control; effective 10—25—73...... 29875 COMMERCIAL BIRDS— USDA permits importation under specified conditions; effective 10—30—73...... 29882 TURBOJET POWERED AIRPLANES— FAA adopts 45 day extension of compliance date for certain equipment requirements; effective 10—30—73.. 29878 FAA proposes one year extension for compliance with equipment requirements; comments by 12—14—73...... 29897 STUDENT FINANCIAL AID— HEW announces closing dates for receipt of applications...... 29906 BIOLOGICAL PRODUCTS— USDA adopts test procedures and requirements for preparation; effective 11—29—73.... 29885 MAN-MADE FIBER TEXTILES— CITA adjusts Import levels of certain products from Korea...... 29910 NEW ANIMAL DRUGS— FDA amends labeling require­ ments for liquid feed supplements; effective 1 -4 -7 4 .... 29879 RAILROAD SAFETY— Federal Railroad Administration amends proposed safety appliance standards for switch­ ing locomotives; comments by 12—31—73...... 29897 MEETINGS— OMB: Business Advisory Council on Federal Reports, 1 1 -1 3 -7 3 ...... 29930 DOD: Chief of Naval Operations Executive Panel Ad­ visory Committee, 11—15 and 1 1 -1 6 -7 3 ...... 29899 Commerce Department: National Inventors Council, 1 1 - 9 -7 3 ...... 29906 Federal Information Processing Standards Coordi­ nating and Advisory Committee, 10-30-73 ...... 29906 VA: Wage Committee, 11-8, 11—21, 1 2 -6 and 1 2 - 20-73 ...... 29934 Consumer Product Safety Commission, 11—28—73...... 29910 Federal Prevailing Rate Advisory Committee, 11—1, 11-8, 11-15 and 11-21-73 ...... i ...... 29872 Interior Department: Foreign Petroleum Supply Committee, 10-30—73...... — 29900 MEETING CANCELLED— DOT: Urban Transportation Advisory Council, 1 0 -3 0 -7 3 ...... v ...... 29907

PART II: EFFLUENT LIMITATIONS— EPA proposes guide­ lines and standards for asbestos manufacturing point source category; comments by 11-29-73- 29943

No. 208—Pt. I------1 REMINDERS

(The items In this list were editorially compiled as an aid to F ederal R egister 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 pub­ lished in the F ederal R egister after Octo­ ber 1, 1972. page no. and date OCTOBER 30 COAST GUARD— Transportation or stor­ age of explosives or other dangerous articles or substances and combustible liquids on board vessels...... 20082; . 7 -2 7 -7 3

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FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 Contents agricultural m a r k e t i n g s e r v ic e COMMERCE DEPARTMENT Proposed Rules See Domestic and International Air taxi operations with certain Rules and Regulations Business Administration; Mari­ turbojet powered airplanes; Canned grapefruit; standards for time Administration; National equipment requirements------29897 grades.; correction—£------29876 Bureau of Standards. FEDERAL HIGHWAY ADMINISTRATION Walnuts grown in California, Ore­ gon, and Washington; expenses COMMITTEE FOR THE IMPLEMENTATION Notices of Walnut Control Board, and OF TEXTILE AGREEMENTS Tennessee; proposed action plan— 29907 rates of assessment for 1973-74 Notices FEDERAL INSURANCE ADMINISTRATION marketing year— ------29877 Certain man-made fiber textile Rules and Regulations products produced or manufac­ Proposed Rules National Flood Insurance Pro­ Domestic dates produced or packed tured in Republic of Korea ; entry or withdrawal from ware­ gram; status of participating in Riverside County, Calif. ; free com m unities______29880 and restricted percentages and house for consumption______29910 withholding factors for 1973-74 CONSUMER PRODUCT SA7ETY FEDERAL MARITIME COMMISSION crop year------29893 COMMISSION Notices Notices Agreements filed ; AGRICULTURAL STABILIZATION AND Australia and U.S. Atlantic and CONSERVATION SERVICE Children’s sleepwear flammability standard; meeting------_------29910 Gulf Conference______29911 Rules and Regulations Gulf-Mediterranean Ports Con­ COST OF LIVING COUNCIL Flue-cured tobacco ; acreage allot­ ference ------29912 ment and marketing quota regu­ Rules and Regulations Port of Seattle and American lations and Subsequent market­ Fertilizer industry; exemption Mail Line, Ltd------29911 ing years; correction------_____ 29876 from wage and price control----- 29875 Lesco Packing Co. et al ; independ­ ent ocean freight forwarder li- AGRICULTURE DEPARTMENT DEFENSE DEPARTMENT ! cense applications------29911 See Air Force Department; Navy Nonvessel operating common car­ See Agricultural Marketing Serv­ Department. ice; Agricultural Stabilization riers in domestic offshore trades; and Conservation Service ; Ani­ DOMESTIC AND INTERNATIONAL co r re c tio n ______29911 mal and Plant Health Inspection BUSINESS ADMINISTRATION FEDERAL POWER COMMISSION Service; Farmers Home Admin­ Notices Proposed Rules istration; Forest Service. Decisions on applications for duty­ Monthly report of cost and quality free entry of scientific articles : of fuels for electric plants; ANIMAL AND PLANT HEALTH INSPECTION Childrens Hospital of Phila­ SERVICE amended notice of staff confer­ delphia ------.;------29901 ence ______29896 Rules and Regulations Colorado State University------29901 Biological products; test methods Idaho State University------— 29902 Notices and procedures for preparation- 29885 Long Island Jewish-Hillside Hearings, etc.: Importation of commercial birds; Medical Center, et al______29902 Amerada Hess Corp., et al------29912 relief of restrictions______29882 University of Florida, et al------29903 American Petrofina Co. of University of Washington, et al_ 29903 Texas ______29924 AIR FORCE DEPARTMENT Amoco Production Co------29914 EDUCATION OFFICE Baltimore Gas and Electric Co_ 29915 Notices Notices City of Seattle, Washington----- 29915 Military Airlift Committee meet­ Colorado Interstate Gas Co----- 29915 ing; correction of agenda. ------29899 Supplemental Education Opportu­ nity Grant, College Work Study Columbia Gulf Transmission ASSISTANT SECRETARY FOR HOUSING and National Direct Student Co., et al_------29924 PRODUCTION AND MORTGAGE Loan Programs; closing date for El Paso Natural Gas Co------29916 CREDIT OFFICE receipt of applications______29906 Florida Gas Exploration Co., et al______29926 Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY Florida Gas Transmission Co— 29926 Public housing; prototype cost Florida Municipal Utilities As­ limits; correction______29880 Proposed Rules sociation, et al------29916 Asbestos manufacturing point Glenwood, Inc------29916 ATOMIC ENERGY COMMISSION source category; effluent limita­ Gulf States Utilities Co. (3 doc­ Notices tions guidelines______29943 uments) ______29917, 29918 Hearings, etc.: State implementation plans; re­ Illinois Power Co. (2 docu­ Alabama Power Co______À 29907 view of indirect sources______29893 ments) ______29918, 29926 Detroit Edison Co______29908 FARMERS HOME ADMINISTRATION Indiana and Michigan Electric Gulf States Utilities Co______29910 C o ______29928 Notices McCulloch Interstate Gas Corp_ 29927 CIVIL SERVICE COMMISSION South Carolina; designation as Midwestern Gas Transmission Rules and Regulations emergency area______29900 C o ______29924 Mississippi River Transmission Excepted service: FEDERAL AVIATION ADMINISTRATION Corp. (2 doucments)__ 29919, 29928 Export-Import Bank o f the U.S_ 29875 Montana Power Co------29919 Health, Education, and Welfare Rules and Regulations Air taxi operations with certain Natural Gas Pipeline Co. of Department ______- 29875 American (3 doucents)------29920, Housing and Urban Develop­ turbojet powered airplanes; ad­ ditional 45-day period for com­ 29925,29927 ment Department______— 29875 Northern States Power Co------29928 Transportation Department (2 pliance with certain equipment documents)______29875 requirements------29878 (Continued on next page) 29871

FEDERAL REGISTER. VOL. 38, NO . 208— TUESDAY, OCTOBER 30, 1973 29872 CONTENTS

Pennsylvania Electric Power Co_ 29922 INTERIM COMPLIANCE PANEL (COAL NAVY DEPARTMENT Ohio Power Co______— ------29929 MINE HEALTH AND SAFETY) Notices Oklahoma Naturai Gas Co------29920 Rules and Regulations Chief of Naval Operations Execu­ Pacific Gas and Electric Co____ 29920 Electric face equipment standard Pacific Gas Transmission Co. (2 tive Panel Advisory Committee; for underground coal mines m eeting___ ,______29899 d ocu m en ts)______29920, 29921 above watertable; permits for Pacific Power & Light Co______29921 noncompliance; correction____ 29881 OIL AND GAS OFFICE Power Operating Co______29922 Notices Public Service Co. of Indiana, INTERIOR DEPARTMENT Ine., et al______29922 Foreign Petroleum Supply Com­ See also National Park Service; mittee; meeting______29899 Public Service Co. o f Oklahom a. 29928 Oil and Gas Office. R. Gregory Graham, et al___ __ 29929 Raton Naturai Gas Co______29922 Notices SECURITIES AND EXCHANGE COMMISSION Sun OU Co______29922 M ontana; strip mining p rop osa l.. 29899 Texas Eastern Transmission__ L 29923 Notices Texas Eastern Transmission and INTERSTATE COMMERCE COMMISSION Hearings, etc: Atlantic Richfield Co______29925 Aztec Products, Inc------.— 29930 Texas OU & Gas Corp., et al__ 29923 Rules and Regulations BBI, I n c .______,______29930 United Gas Pipe Line Co., et al_ 29923 Car service: Beneficial Laboratories, Inc----- 29930 Demurrage on freight cars____ 29881 Connecticut Light and Power FEDERAL PREVAILING RATE ADVISORY Fort Worth and Denver Railway Co. et al______29930 COMMITTEE C o ______——_____29882 First Leisure Corp____ .______29931 Notices Railroad operating regulations Middle South Utilities, Inc. and Pay systems for Federal prevailing for freight car movement.__ 29882 Louisiana Power & light Co— 29931 rate employees; meetings.____ 29872 New England Electric System Notices and New England Power Co_ 29932 FEDERAL RAILROAD ADMINISTRATION Assignment of hearings—;------29934 Penn General Agencies, Inc__ 29932 Proposed Rules Fourth section applications for Pennsylvania Life Co______29932 Locomotives used in switching r e lie f______29935 Royal Properties Inc______29933 service; raUroad safety appli­ Motor Carrier Board transfer pro­ Seaboard Corp______29933 ance standards ______29897 ceedings (2 docum ents)______29935 Technical Resources, Inc_____ 29933 Motor carrier temporary authority Triex International Corp______29933 FEDERAL TRADE COMMISSION applications_____ )______29936 US Financial Inc______29933 Rules and Regulations Value Line Special Situations JUSTICE DEPARTMENT Fund, In c______29933 Urban Redevelopment, Inc., pro­ hibited trade practices------.— 29879 See Immigration and Naturaliza­ tion Service. STATE DEPARTMENT FOOD AND DRUG ADMINISTRATION Notices Rules and Regulations MANAGEMENT AND BUDGET OFFICE Cameron County; application for Presidential permit for bridge Liquid feed supplements; waiver Notices near San Benito, Tex______29899 of label requirements______29879 Business Advisory Council on Fed- FOREST SERVICE • eral Reports; public meeting__ 29930 TARIFF COMMISSION Notices Notices MARITIME ADMINISTRATION Aquarius Land Use Plan; avail- Dual-in-line reed relays; dismissal abUity of environmental state­ Notices of preliminary inquiry------29934 ment ______29900 Applications for operating-differ­ South Boise-Wood River Planning ential subsidies: TRANSPORTATION DEPARTMENT Unit Land Use Plan; avaUabUity American Trading Transporta­ See Federal Aviation Administra­ of environmental statement.^_ 29901 tion Co., Inc______29905 tion; Federal Highway Adminis­ Luckenbach International tration. HEALTH, EDUCATION, AND WELFARE C o r p ______29905 DEPARTMENT Rules and Regulations Suwanee River Lines, Inc.___ 29905 Organization and delegation of See Education Office; Food and NATIONAL BUREAU OF STANDARDS powers and duties: Drug Administration. General Counsel ______29881 Notices HOUSING AND URBAN DEVELOPMENT General Counsel and Director of DEPARTMENT M eetings: Public Affairs______29881 Federal Information Processing See Assistant Secretary for Hous­ URBAN MASS TRANSPORTATION ing Production and Mortgage Standards Coordinating and ADMINISTRATION Credit Office; Federal Insurance Advisory Committee_____ ;__ 29906 National Inventors Council__ _ 29906 Notices Administration. Urban Transportation Advisory NATIONAL PARK SERVICE Council; cancellation of public IMMIGRATION AND NATURALIZATION m e e tin g ______:______29907 SERVICE Notice Rules and Regulations National Registry of Natural VETERANS ADMINISTRATION Miscellaneous amendments 'to Landmarks; correction of list Notices ch a p ter______29877 and amendment______29899 Wage Committee; meetings------29934

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 CONTENTS 29873 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 9 CFR 21 CFR 213 (5 documents)______29875 92______29882 1 3 5 ______29879 113—______29885 6 CFR 24 CFR 152______29875 14 CFR 275 _ _ *______29880 135______I______;______29878 1914______29880 7 CFR P roposed R ules: 30 CFR 52—______— 29876 135_____ 29897 504 — „ 29881 725—:______29876 984___ :__ 29877 16 CFR 40 CFR Proposed R ules : 13______'i______29879 Proposed R ules : 52______29893 987______29893 18 CFR 427 ______29944 8 CFR P roposed R ules : 100______29877 141—______29896 49 CFR 299______29877 1 (2 documents) ______29881 316a______29878 1033 (3 documents) ____ 29881, 29882 335______; ______29878 Proposed R ules: 499______— _ 29878 231 ______29897

FEDERAL REGISTER, V O L 38, NO . 208— TUESDAY, OCTOBER 30, 1973

29875 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.

the President-of the Government Na­ § 213.3394 Department of Transporta­ Title 5— Administrative Personnel tional Mortgage Association is excepted tion. CHAPTER I— CIVIL SERVICE COMMISSION under Schedule C. ***** PART 213— EXCEPTED SERVICE Effective on October 30, 1973, § 213.- (i) National Highway Traffic Safety 3384(b) (10) is added as set out below. Administration. * * * Department of Health, Education, and Welfare § 213,3384 Department of Housing and (4) One Public Information Officer. Urban Development. ***** Section 213.3316 is amended to reflect * * * * * ((5 U.S.C. secs. 3301, 3302); E.O. 10577, 3 CFR the following title change: Prom Con­ 1954-58 Comp. p. 218.) fidential Assistant to the Administrator, (b) Office of the Assistant Secretary Health Services and Mental Health Ad­ for Housing Production and Mortgage United States Civil Serv­ ministration, to Special Assistant to the Credit—Federal Housing Administration ice Commission, Administrator, Health Services Adminis­ Commissioner. * * * [seal] J ames C. Spry, tration. (10) One Special Assistant to the Pres­ Executive Assistant Effective on October 30,1973, § 213.3316 ident, Government National Mortgage to the Commissioners. (h)(8) is amended as set out below. Association. [FR DOC.73-23074 Filed 10-29-73;8:45 am] * * * * * § 213.3316 Department of Health, Ed­ ((5 U.S.C. secs. 3301, 3302);. E.O. 10577, 3 Title 6— Economic Stabilization ucation, and Welfare. CFR 1954-58 Comp. p. 218.) * * * * * CHAPTER I— COST OF LIVING COUNCIL (h) Office of the Assistant Secretary United States Civil Serv­ ice Commission, " PART 150— PHASE IV PRICE for Health and Scientific Affairs. * * * REGULATIONS (8) One Special Assistant to the [ seal] James C. S pry, Executive Assistant PART 152— PHASE IV PAY REGULATIONS Administrator, Health Services A d­ to the Commissioners. ministration. - Fertilizer Industry: Price and Pay * * * * * [FR Doc.73-23077 Filed 10-29-73;8:45 am] Exemptions ((5 U.S.C. secs. 3301, 3302); E.O. 10577, 3 Section 150.54 is amended by adding CEB 1954-58 Comp. p. 218.) PART 213— EXCEPTED SERVICE a new paragraph (q) exempting prices charges for fertilizer, fertilizer materials, United States Civil Serv­ Department of Transportation ice Commission, and certain explosives from the Phase [seal] James C. S pry, Section 213.3394 is amended to show IV price stabilization regulations. Executive Assistant that one position of Legislative Affairs In order to continue to increase the to the Commissioners. Officer, Office of the General Manager, nation’s food output it is imperative that National Transportation Safety Board, [FR Doc.73-23078 Filed 10-29-73; 8:45 am] the American farmer have an ample sup­ is excepted under Schedule C. ply of fertilizer. World prices for ferti­ Effective on October 30, 1973, lizer are significantly higher than do­ PART 213— EXCEPTED SERVICE 1 213.3394(b)(4) is added as set out mestic prices. Consequently, an increas­ below. ing amount of domestically produced Export-Import Bank of the United States § 213.3394 Department of Transporta­ fertilizer is being exported. Exemption Section 213.3342 is amended to show tion. of fertilizer from price regulations will that one position of Confidential Assist­ * * * * * remove the incentive to export. Accord­ ant to the General Counsel is excepted ingly, to insure that the American under Schedule C. (to) National Transportation Safety farmer has an ample supply of fertilizer Effective on October 30, 1973, § 213.- Board. * * * the Council has exempted fertilizer from 3342 (k) is added as set out below. (4) One Legislative Affairs Officer, Of­ the price control regulations. While this fice of the General Manager. § 213.3342 Export-Import Bank of the exemption will probably result in an in­ * * * * * United States. crease in the domestic price of fertilizer, * * * * * ((5 U.S.C. secs. 3301, 3302); E.O. 10577, 3 CFR it will insure that the American farmer 1954—58 Comp. p. 218.) will have a greater supply of fertilizer (k) One Confidential Assistant to the and therefore that the nation’s food out­ General Counsel. United States Civil Serv­ ice Commission, put will continue to increase. ((5 U.S.C. sees. 3301, 3302); E.O. 10577, 3 [seal] J ames C. Spry, Fertilizer materials, i.e. those materials CFR 1954-58 Comp. p. 218.) Executive Assistant which are used in the production of fertilizer, are exempt under the regula­ United States Civil S erv­ to the Commissioners. [FR Doc.73-23075 FUed 10-29-73;8:45 am] tion whether or not they are sold for ice Commission,. use in the manufacture of fertilizer. How­ [seal] James C. S pry, Executive Assistant ever, where a fertilizer material, e.g. to the Commissioners. PART 213— EXCEPTED SERVICE urea, is sold for use in the manufacture of an item other than fertilizer, e.g. feed, [FR Doc.73-23076 Filed 10-29-73;8:45 am] Department of Transportation the product in which the fertilizer ma­ Section 213.3394 is amended to show terial is used is not exempt. The regula­ that one position of Public Information tions make one exception to this rule in PART 213— EXCEPTED SERVICE Officer, National Highway Traffic Safety the case of certain explosives. Ammonia Department of Housing and Urban Administration, is excepted under and ammonium nitrate are important Development Schedule C. inputs to the fertilizer industry and fall Section 213.3384 is aihended to show Effective on October 30,1973, §213.3394 within the definition of fertilized ma­ that one position of Special Assistant to (i) (4) is added as set out below. terials the price of which is exempt

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29876 RULES AND REGULATIONS under these regulations. Certain explo­ (1) “ Fertilizer” means nitrogenous or (3) Employees whose occupational du­ sives are manufactured primarily from phosphatic fertilizers as described in the ties and responsibilities are of a type not these chemicals. Since these chemicals Standard Industrial Classification exclusively performed in or related to are exempt and account for such a sub­ Manual, 1972 edition, under Industry the fertilizer industry, and whose pay stantial portion of the value added, thé Nos. 2873, 2874, and 2875. adjustments are historically related to Council' has decided to exempt the prices (ii) “ Fertilizer materials” means those the pay adjustments of employees per­ charged for explosives manufactured materials described in the Standard In­ forming such duties outside the fertilizer primarily from ammonium and am­ dustrial Classification Manual, 1972 industry and are not also related to pay monium nitrate. edition, under Industry Nos. 2873 and adjustments of other employees referred As a complementary action to the ex­ 2874 which may be used in the produc­ to in paragraph (c) of this section. emption from price controls, the Council tion of fertilizer and, in addition to those (e) Inquiries. Inquiries related to the has also exempted pay adjustments af­ materials, phosphate rock, potash, potas­ scope of the exemption provided in this fecting employees engaged on a regular sium chloride, potassium sulfate, and section or to the applicability of such ex­ and continuing basis in- the production other potassium materials used in the emption to specific situations, should be of fertilizer or in support of such pro­ production of fertilizer. directed to the Administrator, Office of duction. The exemption is set forth in (2) Fertilizer and fertilizer materials. Wage Stabilization, P.O. Box 672, Wash­ new § 152.33. The exemption is inappli­ The sale of fertilizer and fertilizer mate­ ington, D.C. 20044, and should be promi­ cable to any such employee who receives rials is exempts However, the sale of nently designated “FERTILIZER EX­ executive or variable compensation, or items which are manufactured from EMPTION INQUIRY.” fertilizer materials, but which are not who is a member of an executive control [FR Doc.73-23099 Filed 10-25-73;4:38 pm] group. The exemption is also inappli­ fertilizer or fertilizer materials, is not cable to any such employee whose duties exempt. and responsibilities are not of a type ex­ (3) Certain explosives. The sale of ex­ Title 7— Agriculture clusively performed in or related to the plosives manufactured primarily from CHAPTER I— AGRICULTURAL MARKETING production of fertilizer and whose pay ammonium or ammonium nitrate is SERVICE {STANDARDS, INSPECTIONS, adjustments are historically related to exempt. MARKETING PRACTICES), DEPART­ the pay adjustments of employees per­ Par. 2. In 6 CFR Part 152, Subpart D MENT OF AGRICULTURE forming such duties outside the fertilizer is amended by adding at the end thereof a new § 152.33 to read as follow s: PART 52— PROCESSED FRUITS AND VEG­ industry and are not related to the pay ETABLES, PROCESSED PRODUCTS adjustments of other employees that § 152.33 Fertilizer industry* THEREOF, AND CERTAIN OTHER PROC­ are within the exemption, In'cases of un­ ESSED FOOD PRODUCTS certainty of application, inquiries con­ (a) Exemption. Pay adjustments af­ cerning the scope or coverage of the ex­ fecting employees engaged on a regular Subpart— United States Standards for emption should be addressed to the Ad­ and continuing basis in the production Grades of Canned Grapefruit ministrator, Office of Wage Stabilization, of fertilizer or in support of such produc­ Correction P.O. Box 672, Washington, D.C. 20044. tion are exempt from and not included in the coverage of this title. The mixing In FR Doc. 73-22384 appearing at page Because the purpose of this amend­ of fertilizer materials shall be considered 29210 in the issue o f Tuesday, October 23, ment is to grant an immediate exemp­ the production of fertilizer. 1973, the following changes should be tion from the Phase IV price and pay (b) Definition. For purposes of this made. regulations, the Council finds that publi­ section— 1. In § 52.1145 paragraph (d) (2) the cation in accordance with normal rule (1) “Fertilizer” means nitrogenous or words “exceed the applicable acceptance making procedure is impracticable and phosphatic fertilizers as described in the number” in the fifth line should be that good cause exists for making this Standard Industrial Classification omitted. amendment effective in less than 30 Manual, 1972 edition, under Industry 2. In § 52.1146 the word “ reguire- days. Interested persons may submit Nos. 2873,2874, and 2875. written comments regarding this amend­ ments” in the first line should read (2) “Fertilizer materials” means those “requirements”. ment. Communications should be ad­ materials described in the Standard In­ dressed to the Office of the General dustrial Classification Manual, 1972 edi­ CHAPTER VII— AGRICULTURAL STABILI­ Counsel, Cost o f Living Council, 2000 M tion, under Industry Nos. 2873 and 2874 Street NW., Washington, D.C. 20508. ZATION AND CONSERVATION SERVICE which may be used" in the production of (AGRICULTURAL ADJUSTMENT), DE­ (Economic Stabilization Act of 1970, as fertilizer and, in addition to those ma­ PARTMENT OF AGRICULTURE amended, Pub. L. 92-210, 85 Stat. 743; Pub. terials, phosphate rock, potash, potas­ L. 93-28, 87 Stat. 27; E.O. 11695, 38 FR 1473; SUBCHAPTER B— FARM MARKETING QUOTAS sium chloride, potassium sulfate, and AND ACREAGE ALLOTMENTS E.O. 11730, 38 FR 19345; Cost of Living other potassium materials used in the Council Order No. 14, 38 FR 1489.) production of fertilizer. PART 725— FLUE-CURED TOBACCO In consideration of the foregoing, (c) Covered employees. For purposes Subpart— Flue-Cured Tobacco Acreage Al­ Parts 150 and 152 of Title 6 of the Code of this section, an employee may be en­ lotment and Marketing Quota Regula­ of Federal Regulations are amended as gaged on a regular and continuing basis tions, 1973-1974 and Subsequent Mar­ set forth herein, effective October 25, in the production of fertilizer or in sup­ keting Years 1973. port thereof only if such employee is Corrections Issued in Washington, D.C., on Octo­ employed— , (1) At an establishment at which In FR Doc. 73-20979 appearing in the ber 25, 1973. fertilizer is produced, issue o f Wednesday, October 3, 1973 at John T. D unlop, page 27355 make the following changes: Director. (2) By the firm which operates such establishment. 1. In § 725.92(a), fifth line insert “ing Paragraph 1. In 6 CFR Part 150, (d) Limitations. The provisions of this Board, Statistical Reporting” after the § 150.54 is amended by adding at the section shall not be applicable to­ word R eport-” . ' end thereof a new paragraph (q) to il) An employee who receives any 2. In § 725.99(a) (2); the fourth, fifth, read as follows: item of executive or variable compensa­ and sixth lines reading “to show a sepa­ tion subject to the provisions of Subpart rate 74 Flue-Cured Tobacco, 1973-74 and § 150.54 Certain price adjustments. K of this part, other than an item of Subsequent Marketing Year Account * * * * • executive or variable compensation pur­ for:” should read “to show a separate suant to a plan or program subject to account for:”. (q) Fertilizer, fertilizer materials, and § 152.127; 3. In § 725.105(a) the subparagraph certain explosives (2) An employee who is a member of numbered “ (4) ” should be “ (5) ” and (4) <1) Definitions. As used in this sec­ an executive control group (determined should read as follows: (4) The location tion— pursuant to § 152.130); or where received.

FEDERAL REGISTER, VOL. 38, NO . 208— TUESDAY, OCTOBER 30, 1973 RULES AND REGULATIONS 29877

CHAPTER IX— AGRICULTURAL MARKET­ time of this action until 30 days after nal Service one and does not affect the ING SERVICE (MARKETING AGREE­ publication in the F ederal R egister (5 public. MENTS AND ORDERS; FRUITS, VEGE­ ÜJ5.C. 553) in that: (1) The relevant In Part 335, § 335.12 is amended for TABLES, NUTS), DEPARTMENT OF provisions of said marketing agreement clarification of the binding effect upon AGRICULTURE and this part require that the rates of Service officers of interpretations of law assessment fixed for a particular mar­ by the Attorney General or Commis­ dart 984— W ALNUTS GROWN IN CALI­ sioner, and to clarify that recommenda­ FORNIA, OREGON, AND WASHINGTON keting year shall be applicable to all assessable walnuts from the beginning tions of Regional Commissioners upon Expenses of Walnut Control Board, and of such year; and (2) the 1973-74 mar­ petitions for naturalization are subject Rates of Assessment, for 1973-74 Mar­ keting year began August 1, 1973, and to review and approval by the keting Year the rates of assessment herein fixed will Commissioner. Notice was published in the Octo­ automatically apply to all such assess­ In the light of the foregoing, the fol­ ber 12, 1973, issue of the F ederal R eg­ able walnuts beginning with that date. lowing amendments to Chapter I of Title ister (38 FR 28296) regarding proposed (Secs. 1-19, 48 Stat. 31, as amended (7 8 of the Code of Federal Regulations are expenses of the Walnut Control Board, U.S.C. 601-674).) hereby prescribed: and rates of assessment, for the 1973-74 Dated: October 25, 1973. PART 100— STATEMENT OF marketing year. This action approves ORGANIZATION such expenses and assessment rates and Charles R. B rader, is pursuant to §§ 984.68 and 984.69 of the Acting Director, In § 100.4(c)(2), District No. 2—Bos­ marketing agreement, as amended, and Fruit and Vegetable Division. ton, Mass., is amended in the following respects: Under thé Class A port listing Order No. 984, as amended (7 CFR Part (PR Doc.73—23092 Piled 10-29-73:8:45 am] 984). The amended marketing agree­ of Providence, R.I., the port facility of ment and order regulate the handling of Title 8— Aliens and Nationality “Hillsgrove, RJ.,” is deleted and the walnuts grown in California, Oregon, and port facilities of “Warwick, R.I.,” and CHAPTER I— IMMIGRATION AND NATU­ Washington, and are effective under the “New Bedford, Mass.,” are added Agricultural Marketing Agreement Act RALIZATION SERVICE, DEPARTMENT of 1937, as amended (7 U.S.C. 601-674). OF JU STICE thereto; “New Bedford, Mass.,” is deleted The total expenses proposed in .the MISCELLANEOUS AMENDMENTS TO from the Class C listing of ports and notice were $177,460; the assessment CHAPTER “Sandwich, Mass.,” is added thereto. As rates proposed were 0.10 cent per pound Pursuant to section 552, 80 Stat. 383 amended, § 100.4(c) (2), District No. 2— for inshell walnuts and 0.25 cent per (5 U.S.C. 552), and the authority con­ Boston, Mass., reads as follows: pound for shelled walnuts. These rates tained in section 103, 66 Stat. 173 (8 are to be applied to all merchantable § 100.4 Field Service. U.S.C. 1103) and 8 CFR 2.1, miscellane­ * * * * * walnuts handled or declared for han­ ous amendments, as set forth herein, are dling during the 1973-74 marketing prescribed in Parts 100, 299, 316a, 335, (c) Suboffices. * * * year, and are expected to provide suf­ and 499 o f Chapter I of Title 8 of the (2) Ports of entry for aliens arriving ficient funds to meet the estimated ex­ Code of Federal Regulations. by vessel or by land transportation. * * * penses of the Board. The assessable In the Statement of Organization, Part * * * * * poundage was estimated by the Board 100, under the Class A port o f entry list­ D istrict No. 2— Boston, M ass, at 55 million pounds for inshell walnuts, ing of Providence, R.I., in District No. 2 class A and 75 million pounds for shelled of 1100.4(c)(2), the T. F. Green State walnuts. Airport port facility is presently desig­ Boston, Mass, (the port of Boston includes, The notice afforded interested persons nated as “Hillsgrovfe.” Since the designa­ among others, the port facilities at Beverly, an opportunity to submit written data, Braintree, Chelsea, Everett, Hingham, Lynn, tion “Hillsgrove” is no longer used in Manchester, Marblehead, Milton, Quincy, Re­ views, or arguments on the proposal. referring to that facility in the State of None were received. vere, 8alem, Saugus, and Weymouth, Mass.) Rhode Island, having been replaced by Gloucester, Mass. After consideration of ah relevant the designation “Warwick,” District No. Pittsburg, N.H. matter presented, including that in the 2 of § 100.4(c) (2) is amended by substi­ ♦Providence, RJ. (the port of Providence notice, the inform ation and recom ­ tuting “Warwick” for “Hillsgrove.” Dis­ includes, among others, the port facilities at mendations submitted by the Walnut trict No. 2 of § 100.4(c) (2) is further Davlsvllle, Melville, Newport, Portsmouth, Control Board, and other available in ­ amended to reflect the designation of Quonset Point, Tiverton, and Warwick, R.I.; formation, it is found that the expenses and at Pall River, New Bedford, and Somer­ “Sandwich, Mass.,” as a Class C port of set, Mass.) of the Board, and rates o f assessment, entry for aliens as a result of the activity for the 1973-74 marketing year (which class c at that port following the construction of Newbury port, Mass. began August 1, 1973, and ends July 31, a new power plant in the area. In view of 1974), shall be as follows: Plymouth, Mass. the occasional arrival of passengers on Provlncetown, Mass. § 984.325 Expenses of the Walnut Con­ the vessels inspected at New Bedford, Sandwich, Mass. trol Board and rates o f assessment Mass., the designation of that port Is Woods Hole, Mass. for the 1973—74 marketing year. changed from a Class C to a Class A port Portsmouth, N.H. (a) Expenses. Expenses in the amount o f entry. ***** of $177,460 are reasonable and likely to A number of immigration forms and be incurred by the Walnut Control of nationality forms listed in Parts ?99 Board during the marketing year be-* and 499, respectively, have been reissued PART 299— IMMIGRATION FORMS Sinning August 1, 1973, for its mainte­ and now bear a more recent edition date. The listing o f form s 'in § 299.1 is nance and functioning, and for such Accordingly, §§ 299.1 and 499.1 are amended to reflect the current edition purposes as the Secretary may, pursuant amended to reflect the current edition date of the following forms: to the provisions of this part, determine date of those forms. to be appropriate. In Part 316a, the existing last para­ § 299.1 Prescribed forms. (b) Rates of assessment. The rates graph o f §§ 316a.2 and o f 316a.3, per­ * * * * • of assessment for said marketing year, taining to the intraagency forwarding of F o rm N o . Payable by each handler in accordance decisions regarding American institu­ Title and description with § 984.69, are fixed at 0.10 cent per tions of research or public international ***** Pound for merchantable inshell walnuts organizations within the purview of sec­ 1-20 (5-1-73) Certificate of Eligibility (F o r and 0.25 cent per pound for merchant­ Nonimmigrant “P-1” Stu­ able shelled walnuts. tion 316(b) of the Immigration mid Na­ dent Status). It is further found that good cause tionality Act, are deleted as unnecessary 1-38 (5-1-73) Special Inquiry Officer’s De­ exists for not postponing the effective since the procedure outlined is an inter- cision (Deportation).

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 No. 208—Pt. I-----2 29878 RULES AND REGULATIONS

1-39 (5-1-73) Special Inquiry Officer's De­ PART 335— PRELIMINARY EXAMINATION Effective date. This order shall be­ cision (Voluntary Depar­ ON PETITIONS FOR NATURALIZATION come effective on October 30, 1973. ture, Alternate Deporta­ tion) . Section 335.12 is revised to read as Dated: October 24, 1973. follow s: • • * * * James F. G reene, 1-22 (6-1-73) Notice to Applicant for Ad­ § 335.12 Recommendations o f the des­ Acting Commissioner of mission Detained for Near­ ignated examiner and the regional Immigration and Naturalization. ing before Special Inquiry commissioner; notice. Officer. [FR Doc.73-23010 Filed 10-29-73;8:45 am] As soon as practicable after conclu­ sion of the preliminary examination, the I-129B (6-1-73) Petition to Classify Non­ Title 14— Aeronautics and Space immigrant as Tempor­ designated examiner shall prepare an ary Worker or Trainee. appropriate recommendation to the CHAPTER I— FEDERAL AVIATION ADMIN­ I-129F (9-1-73) Petition to Classify Status court. If the recommendation is for ISTRATION, DEPARTMENT OF TRANS­ of Alien Fiance or F i-. denial, or for granting with the facts to PORTATION ancee for Issuance of be presented to the court, the designated [Docket No. 12768, Amdit. 135-37] Nonimmigrant Visa. examiner shall prepare a memorandum 1-130 (6-1-73) Petition to Classify Status summarizing the evidence, and setting PART 135— AIR TAXI OPERATORS AND of Alien Relative for Is­ forth findings of fact and conclusions COMMERCIAL OPERATORS OF SMALL suance of Immigrant Visa- AIRCRAFT 1-131 (6-1-73) Application for Issuance or of law, and his recommendation. No Extension of Permit to Re­ evidence dehors the record or evidence Air Taxi Operations With Certain Turbojet enter the United States. not admissible in judicial proceedings Powered Airplanes under recognized rules of evidence shall The purpose of this amendment to 1-140 (6-1-73) Petition to Classify Pref­ be considered in the preparation of the § 135.2(e) of the Federal Aviation Regu­ erence Status of Alien on memorandum. The memorandum shall lations is to provide an additional 45-day Basis of Profession or Oc­ be submitted before final hearing to the period for compliance with certain Part cupation. regional commissioner, in those cases or 121 equipment requirements applicable classes of cases designated by him, for to Fart 135 certificate holders operating 1-212 (7-1-73) Application for Permission review and recommendation. If the re­ turbojet powered airplanes having maxi­ to Reapply for Admission gional commissioner does not agree with mum certificated takeoff weights over Into the United States after the recommendation of the designated 12,500 pounds but under 27,000 pounds, Deportation or Removal. examiner, he shall prepare an appropri­ 1-221 (7-1-73) Order to Show Cause and with passenger capacities of not more 12 Notice of Hearing. ate memorandum, with findings of fact, persons, and used only for planeload conclusions of law, and the recommenda­ charter flights. tion of the Service, subject to review and Section 135.2(e)^ provides that opera­ 1-260 (6-1-73) Notice to Take Testimony approval by the Commissioner in those of Witness. tors of turbojet powered airplanes with cases or classes of cases designated by maximum certificated takeoff weights of him, for presentation to the court with Notice to Alien Ordered Ex­ over 12,500 pounds but under 27,000 1-296 (8-1-73) the designated exami»er’s memorandum. pounds, with passenger-carrying capaci­ cluded by Special Inquiry In the preparation of memoranda, des­ Officer. ties of not more than 12 persons, used ignated examiners and regional com­ only in planeload charter flights, need missioners shall be bound by the inter­ not comply until November 15,1973, with 1-391 (5-1-73) Notice—Immigration Bona pretations and rulings by the Attorney Cancelled. §§ 121.313(f)—a lockable door between General or the Commissioner on ques­ the pilot and passenger compartments; tions of law. 121.343(a)—flight .recorder; 121.359— 1-485A (7-15-73) Application by Cuban Refugee for Permanent cockpit voice recorder; 121.587—closing Residence. PART 499— NATIONALITY FORMS and locking of door between the pilot and passenger compartments; and 121.581 The listing of form s in § 499.1 is (a) —forward observer’s seat, provided 1-506 (6-1-73) Application for Change of amended to reflect the current edition Nonimmigrant Status. that if the forward observer’s seat is not date o f the following form : installed, a forward passenger seat with Application by Nonimmi­ § 499.1 Prescribed forms. appropriate communications equipment 1-538 (6-1-73) nearby is provided for use by the Ad­ grant F -l Student for Per­ * * * * * mission to Accept Employ­ ministrator while conducting en route in­ ment. Farm No. Title and description spections.. 1-539 (6-1-73) Application to Extend Time * * * • * The National Air Transportation Con­ of Temporary Stay. N-585 (9-1-73) Application for Information ferences, Inc. (NATC), and Executive from or Copies of Immi­ Air Fleet Corporation have petitioned the gration and Naturaliza­ N-585 (9-1-73) Application for Informa­ FAA to amend § 135.2 (e) by deleting the tion from or Copies of tion Records. phrase “ until November 15, 1973’’ or, in Immigration and Natural­ * ♦ . * * * the alternative, NATC requests that the ization Records. Compliance with the provisions of sec­ compliance date be extended for another ßW—434 (7-1-73) Mexican Border Visitors tion 553 o f title 5 o f the United States three years. In light o f the information Permit. Code (80 Stat. 383), as to notice of pro­ provided by petitioners and additional in­ formation provided by other operators posed rule making and delayed effec­ o f the subject aircraft, the FAA has de­ tive date, is unnecessary in this instance termined that further study of the mat­ PART 316a— RESIDENCE, PHYSICAL and would serve no useful purpose be­ ter is necessary. Accordingly, the FAA is PRESENCE AND ABSENCE cause the amendments to § 100.4(c) (2) issuing a notice of proposed rulemaking § 316a.2 [Amended] relate to agency management; the proposing an extension of the compliance date of § 135.2(e) to November 15, 1974, 1. Section 316a.2 is amended by delet­ amendments to §§ 299.1 and 499.1 are editorial in nature; the amendments to to allow for this study. In order to pro­ ing the last paragraph thereof. vide an adequate period of time for pub­ §§ 316a.2 and 316a.3 relate to agency lic comment in response to that notice, § 316a.3 [Amended] procedure; and the amendment to it is necessary to amend § 135.2(e) to ex­ 2. Section 316a.3 is amended by delet­ § 335.12 relates to agency procedure tend the compliance date from Novem­ ing the last paragraph thereof. and is clarifying in nature. ber 15, 1973, to January 1, 1974.

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 RULES AND REGULATIONS 29879

In view of the imminence of the pres­ Federal Trade Commission Act, do forth­ subject to the labeling requirement are ent compliance date and since this with cease and desist from: hot suitable for diversion to use in liquid amendment grants relief and imposes no Representing by any means, directly teed supplements because of their physi­ additional burden on any person, I find or by implication that any structures, cal, chemical, or other properties and that notice and public procedure hereon facilities or other improvements are thus should be permitted relief from the are impracticable and that good cause presently in existence on any of respond­ labeling requirements of § 135.112(c). As exists for making this amendment effec­ ent’s land or in any of respondent’s real announced in the proposal, the intent of tive on less than 30 days’ notice. estate developments when such struc­ the order is to. provide restrictive label­ tures, facilities or other improvements ing on those oral products which may (Sec. 313(a), 601, 604, Federal Aviation Act be subject to diversion from use in drink­ oi 1958 (49 U.S.C. 1354(a), 1421, and 1424); do not presently exist; Provided how­ sec. 6(c), Department of Transportation Act ever, That this order shall not be con­ ing water or dry feed into liquid feed. As (49 U.S.C. 1655(c).) strued to prevent the description of a clarification o f this intent, § 135.112 is proposed and planned structures, facili­ amended to provide a basis upon which In consideration of the foregoing, ties or other improvements where such relief may be granted from the labeling § 135.2(e) of the Federal Aviation Regu­ description clearly and conspicuously requirement upon the submission of a lations is amended, effective October 30, 'discloses that such structures, facilities petition for such relief which establishes 1973, by deleting the phrase “November or improvements are not presently in that the particular drug product is such 15, 1973” and substituting the phrase existence and further, as part of the that it cannot reasonably be expected to “January 1,1974” therefor. description, discloses the reasonably ex­ be diverted for use in liquid feed supple­ Issued in Washington, D.C., on Octo­ pected completion date for such struc­ ments. The waiver shall be granted on ber 19,1973. tures, facilities or improvements. the basis of approval of the petition. It is further ordered, That respondent Since certain products may become Alexander P. B utterfield, or its successors or assigns notify the eligible for such waiver under this sec­ Administrator. Commission at least thirty (30) days tion upon approval of petitions, the ef­ [FR Doc.73-22983 Filed 10-29-73;8:45 am] prior to any proposed change in the cor­ fective date for the order is delayed for porate respondent such- as dissolution, an additional sixty days to provide for processing of such petitions. Title 16— Commercial Practices assignment or sale resulting in the emergence of a successor corporation, Therefore, pursuant to provisions of CHAPTER I— FEDERAL TRADE the creation or dissolution of subsidi­ the Federal Food, Drug, and Cosmetic COMMISSION aries or any other change in the cor­ Act (sec. 512, 82 Stat. 343-351; (21 U.S.C. [Docket C—2464] porate respondent which may affect 360b)) and under authority delegated compliance obligations arising out of to the Commissioner (21 CFR 2.120), PART 13— PROHIBITED TRADE Part 135 is amended in Subpart 'B by PRACTICES this order. It is further ordered, That the re­ revising § 135.112(c) to read as follows: Urban Redevelopment, Inc. spondent distribute a copy of this order § 135.112 Liquid feed supplements; Subpart—Advertising falsely or mis­ to all firms and individuals involved in new animal drug requirements. leadingly: § 13.10 Advertising falsely the preparation, creation, or placing of * * * * * advertising of respondent’s real estate. or misleadingly; § 13.160 Promotional (c) Each drug product, intended for sales plans; § 13.205 Scientific or other It is further ordered, That the re­ oral administration to animals, which relevant fa cts; § 13.275 Undertakings, spondent herein shall, within sixty (60) contains any of the drugs listed in para­ in general. Subpart—Misrepresenting days after service upon it of this order graph (d) of this section and which bears oneself and goods—Goods: § 13.1740 file with the Commission a report in labeling for its use in animal feed and/ Scientific or other relevant facts; § 13.- writing setting forth in detail the nature or drinking water shall also include in 1765 Undertakings, in general;—Pro­ and form of its compliance with this such labeling the following statement: motional sales plans: § 13.1830 Pro­ order. “FOR USE IN ______ONLY. NOT motional sales plans. Subpart—Offering Issued: October 4,1973. FOR USE IN LIQUID FEED SUPPLE­ unfair, improper and deceptive induce­ MENTS,” the blank being filled in with ments to purchase or deal: § 13.2063 By the Commission. the words “DRY FEEDS,” “DRINKING Scientific or other relevant facts; [seal] Charles A. T obin, WATER,” “DRY FEEDS AND DRINK­ § 13.2090 Undertakings, in general. Secretary. ING WATER” as applicable, unless: (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets [FRDoc.73-23060 Filed 10-29-73;8:45 am] (1) Such drug.product is the subject or applies sec. 5, 38 Stat. 719, as amended; of an approved new animal drug appli­ 15 U.S.C. 45) [Cease and desist order, Urban cation providing for its use in liquid feed Redevelopment, Inc., New Orleans, La., Title 21— Food and Drugs Docket C—2464, October 4, 1973.] supplements, or; CHAPTER I— FOOD AND DRUG ADMINIS­ (2) The labeling provisions of this In the Matter of Urban Redevelopment, TRATION, DEPARTMENT OF HEALTH, paragraph have been waived on the basis Inc., a corporation. EDUCATION, AND WELFARE of approval of a petition which includes Consent order requiring a New Orleans, SUBCHAPTER C— DRUGS a copy of the product label; a descrip­ Louisiana, real estate developer, among PART 135— NEW ANIMAL DRUGS tion of the formulation; and information which establishes that the physical, other things to cease representing that Liquid Feed Supplements structure, facilities, or other improve­ chemical, or other properties of the par­ ments are in existence on any o f re­ An order was published in the F ederal ticular drug product are such that it can­ spondent’s land, when, in fact, hone R egister of August 6, 1973 (38 F R not reasonably be expected to be diverted exist.' 21178), establishing §135.112 Liquid for use in liquid feed supplements. Such The order to cease and desist, includ­ feed supplements; new animal drug re­ petitions shall be submitted to the Food ing further order requiring report of quirements. The regulation was promul­ and Drug Administration, Bureau of compliance therewith, is as follows: gated following publication of a proposed Veterinary Medicine, 5600 Fishers Lane, It is ordered, That respondent Urban rule in the F ederal R egister of Decem­ Rockville, MD 20852. Redevelopment, Inc., a corporation, and ber 19, 1972 (37 FR 27634), and included ***** respondent’s agents, representatives, an effective date of November 5,1973. This amendment is an additional ac­ employees, successors and assigns, di­ Following publication of the order it tion based upon and within the purview rectly or through any corporation, sub­ was brought to the attention of the Food of the proposal of December 19,1972 (37 and Drug Administration that circum­ sidiary, division or other device, in con­ FR 27634); therefore, additional prior nection with the offering for sale, sale stances exist whereby certain drug prod­ or distribution of real estate? in com- ucts which bear labeling for use in ani­ notice and public procedure are not nec­ merce, as “commerce” is defined in the mal feed and/or drinking water and thus essary prerequisites for its promulgation.

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29880 RULES AND REGULATIONS

Effective date. This section shall be­ annual updated prototype per unit cost come effective January 4,1974. schedules were published pursuant to (Sec. 512, 82 Stat. 343-351 (21 U.S.C. 360b) ) section 209(a) of the Housing and Urban Dated: October 23,1973. Development Act o f 1970. Certain of these prototype per unit cost schedule Sam D. Fine, Associate Commissioner for figures and listings were incorrect and Compliance. were changed. The correct figures were [FR Doc.73-23009 Filed 10-29-73:8:45 am] set forth in List 1 published in the Fed­ eral R egister issued on Monday, August Title 24— Housing and Urban Development 20, 1973 (38 FR 22383) . CHAPTER II— OFFICE OF ASSISTANT SEC­ Item 6 in List 1 is incorrect and is RETARY FOR HOUSING PRODUCTION hereby-revised as follows: AND MORTGAGE CREDIT-FEDERAL 6. Page 15065 Region VII, Iowa, Cedar HOUSING COMMISSIONER [FEDERAL Rapids : HOUSING ADMINISTRATION] [Docket No. R-73-230] Detached and Semidetached; Number of bedrooms 4; 19,650. PART 275— LOW-RENT PUBLIC HOUSING Effective date. This amendment is ef­ Prototype Cost Limits for Public Housing; Correction fective on October 30,1973. In the Federal R egister issued on Fri- S h e l d o n B. L u b a r , day, June 8, 1973 (38 FR 15051), the Assistant Secretary-Commissioner. P rototype P ee Unit Cost Schedule—R egion VII

Number of bedrooms 0 1 2 3 4 5 6

Cedar Rapids, Iowa: Detached and semidetached______9,200 11,100 13,700 16,300 19,650 21.850 22,850 Row dwellings...... 8,800 10,600 13,050 15,550 18,700 20.850 21,750 Walk-up...... 7,900 9,800 12,450 15,350 17,750 18,750 19,700 Elevator-structure...... 13,150 15,250 19,350 .

[FR Doc.73-22963 FUed 10-29-73:8:45 am'

CHAPTER X— FEDERAL INSURANCE ADMINISTRATION, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM [Docket No. FI-238] 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 o f participating communities. * * * ♦ * ♦ ♦

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

* . * • * ■ * * - ■ * Connecticut____New London...E ast Lyme, ...... —...... — ------■...... —— Oct. 23,1973. Town of. Emergency. Michigan______A lcon a ...... Haynes, ...... ~------1...... - ...... Do. Township of. * Tennessee_____Marion...... Unincorporated a------Do. Areas. Vermont______.W indham ...... Brattleboro ...... ------Do. City of.

(National Flood Insurance Act of 1968, title XIII of tbe Housing and Urban Development Act of 1968, effective Jan. 28, 1969, 33 FR 17804, Nov. 28, 1968, as amended, secs. 408-410, Pub. L. 91-152, Dec. 24, 1969 (42 U.S.C. 4001-4127) and Secretary’s delegation of authority to Federal Insurance Administrator, 34 FR 2680, Feb. 27, 1969) Issued: October 15, 1973. G eorge K. B ernstein, Federal Insurance Administrator. [FR Doc.73-22924 FUed 10-29-73:8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 RULES AND REGULATIONS 29881

Title 30— Mineral Resources eration of initial decisions not to disclose of the Office of the Secretary requested records of the Office of the Secretary under 5 U.S.C. 552(a) (3) ; promotion and CHAPTER V— INTERIM COMPLIANCE requested under 5 U.S.C. 552(a) (3), ad­ coordination of efficient use of Depart­ PANEL (COAL MINE HEALTH AND SAFETY) minister regulations and procedures gov­ mental resources; recommendation, in SUBCHAPTER A— COAL MINE HEALTH erning public access to the unclassified conjunction with the Assistant Secretary PART 504^—PERMITS FOR NONCOMPLI­ records of the Office of the Secretary and for Administration, of legal career devel­ ANCE WITH THE ELECTRIC FACE EQUIP­ issue supplementary policies and proce­ opment programs within the Depart­ MENT STANDARD FOR UNDERGROUND dures to insure uniform pepartment im­ ment. COAL MINES ABOVE THE WATERTABLE plementation of related Secretarial or­ 2. Section 1.41 is revised to read as Correction ders and regulations. follow s: * * * * * In PR Doc. 73-22349 appearing at page § 1.41 Purpose. (Sec. 9(e) of the Department of Transporta­ (a) Except as provided in paragraph 29291 in the issue for Tuesday, October tion Act (49 U.S.C. 1657(e).) 23, 1973, the date in the last line of (b) of this section, this subpart provides § 504.1 reading “ March 30, 1974” should Effective date. This amendment is ef­ for the exercise of the powers and per­ read “ March 30,1970” . fective on October 30, J.973. formance of the duties vested in the Sec­ Issued in Washington, D.C., on Octo­ retary of Transportation by law. Title 49— Transportation (b) For delegations of authority vested ber 24,1973. in the Secretary by Executive Order SUBTITLE A— OFFICE OF THE Claude S. B rinegar, 11652 originally to classify documents as SECRETARY OF TRANSPORTATION Secretary of Transportation. secret or confidential, see § 8.11 of this [OST Docket No. 1; Amdt. 1-80] [PR Doc.73-23054 Piled 10-29-73; 8:45 am] Subtitle. PART 1— organization a n d d e l e g a ­ (Sec. 9(e), Department of Transportation t i o n OF POWERS AND DUTIES [OST Docket No. 1; Amdt. 1-81] Act (49 U.S.C. 1657(e)); § 1.59(m) of the Regulations of the Office of the Secretary of Delegation of Functions With Respect to PART 1— ORGANIZATION AND DELEGA­ Transportation (49 CFR 1.59(m).) the Freedom of Information Act TION OF POWERS AND DUTIES Effective date. This amendment is ef­ The purpose of this amendment is to Editorial Changes fective on October 30,1973. amend the delegations to the General Counsel and to the Director of Public The purposes of these amendments Issued in Washington, D.C., on Oc­ Affairs appearing at 49 CPR 1.59 and are to : tober 25, 1973. 1.63, respectively, to reflect that on an (1) Reflect within the description of J. T homas T idd, application for reconsideration of an the sphere of primary responsibility of Acting General Counsel. the General Counsel, appearing at 49 initial decision not to disclose unclassi­ [FR Doc.73-23055 Filed 10-29-73;8:45 am] fied records of the Office o f the Secre­ CFR 1.24(f), that the General Counsel tary, the decision of the General Counsel, makes the administratively final decision rather than that of the Director of Pub­ on an application for reconsideration of CHAPTER X— INTERSTATE COMMERCE lic Affairs, is administratively final. The an initial decision not to disclose un­ COMMISSION classified records of the Office of the decision of the General Counsel not to SUBCHAPTER A— GENERAL RULES AND disclose an unclassified record of the Secretary. REGULATIONS Office of the Secretary is considered to (2) Reference in 49 CFR 1.41 the dele­ [Rev. S O. 1119, Amdt. 2] gations of authority vested in the Sec­ be a withholding by the Secretary for the PART 1033— CAR SERVICE purpose o f section 552(a) (3) of Title 5, retary by Executive Order 11652, which United States Code. It should be noted appear at 49 CFR 8.11. Demurrage on Freight Cars that except for the procedures for recon­ Since this amendment relates to De­ At 9, session of the Interstate Com­ sidering decisions not to disclose records, partmental management, procedures, merce Commission, Railroad Service the Director of Public Affairs has au­ and practices, notice and public proce­ Board, held in Washington, D.C., on the thority to administer the regulations and dure thereon are unnecessary and it may 19th day of October 1973. procedures governing public access to the be made effective in less than 30 days Upon further consideration of Revised unclassified records of the Office of the after publication in the F ederal Service Order No. 1119 (38 FR 6881 and R egister. 38025), and good cause appearing Secretary. In consideration of the foregoing, Part Since this amendment relates to De­ therefor: 1 of Title 49 of the Code of Federal Regu­ It is ordered, That: § 1033.1119 Service partmental management, procedures, lations is amended as follows: and practices, notice and public proce­ Order No. 1119 (Demurrage on freight 1. In § 1.24, paragraph (f) is revised cars) Revised Service Order No. 1119 be, dure thereon are unnecessary and it may to read as follows: be made effective in less than 30 days and it is hereby, amended by substituting after publication in tiie Federal R egister. § 1.24 Spheres o f primary responsibility. the following paragraph (i) for para­ In consideration of the foregoing, * * * * * graph (i) thereof: Part 1 of Title 49 of the Code of Federal (f) General Counsel. Legal services as (i) Expiration date. The provisions of Regulations is amended as follows: the chief legal officer of the Department, this order shall expire at 6:59 a.m., legal advisor to the Secretary and the April 1, 1974, unless otherwise modified, 1. Section 1.59 is amended by adding a changed, or suspended by order of this new paragraph (n) to read as follows: Office of the Secretary, and final author­ ity within the Department on questions Commission. § 1.59 Delegations to the General Coun­ of law; professional supervision, includ­ Effective date. This amendment shall sel. ing coordination and review, over the become effective at 11:59 p.m., Oc­ * * * * * legal work of the legal offices of the De­ tober 31, 1973. (n) Review and take final action on partment; drafting of legislation and re­ (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, applications for reconsideration of initial view of legal aspects of legislative mat­ 384, as amended (49 U.S.C. 1, 12, 15, and decisions not to disclose unclassified rec­ ters; exercise of functions, powers and 17(2)). Interprets or applies secs. 1(10-17), ords of the Office o f the Secretary re­ duties as a Judge Advocate General 15(4), and 17(2), 40 Stat. 101, as amended, 54 Stat. 911 (49 U.S.C. 1(10-17), 15(4), and quested under 5 U.S.C. 552(a) (3 ). under the Uniform Code of Military Jus­ 17(2)).) 2. Paragraph (a) of § 1.63 is amended tice (Chapter 47 o f Title 10, United to read as follows: States Code) with respect to the United It is further ordered, That a copy* of •States Coast Guard; advice and assist­ this amendment shall be served upon the § 1.63 Delegations to Director of-Public ance with respect to uniform time mat­ Association of American Railroads, Car Affairs. ters; review and final action on applica­ Service Division, as agent of all railroads (a) Except for reviewing and takingtions for reconsideration of Initial de­ subscribing to the car service and car final action on applications for reconsid- cisions not to disclose unclassified records hire agreement under the terms of that

FEDERAL REGISTER, VOL. 38, NO . 208— TUESDAY, OCTOBER 30, 1973 29882 RULES AND REGULATIONS agreement, and upon the American Short Board, held in Washington, D.C., on the Administrator, Veterinary Sendees. A Line Railroad Association; and that no­ 19th day o f October 1973. period o f 30 days was allowed for sub­ tice of this amendment be given to the Upon further consideration of Service mission of comments by interested per­ general public by depositing a copy in Order No. 1149 (38 FR 23793), and good sons. On M arch 2, 1973, there were pub­ the Office of the Secretary of the Com­ cause appearing therefor; lished in the F ederal R egister (38 FR mission at Washington, D.C., and by fil­ It is ordered, That: § 1033.1149 Serv­ 5641-5642) proposed amendments of the ing it with the Director, Office of the Fed­ ice Order No. 1149 (Fort Worth and Den­ regulations in 9 CFR Part 92 which eral Register. ver Railway Company authorized to op­ would prescribe facilities, standards and By the Commission, Railroad Service erate over tracks of Quanah, Acme & Pa­ handling procedures to implement the Board. cific Railway Company and over tracks amendments as proposed January 26, of the Atchison, Topeka and Santa Fe 1973 (38 FR 2463-2464). A period of 30 [ seal] R obert L. O swald, Railway Company) Service Order No. days was allowed for submission of com­ Secretary. 1149 be, and it is hereby, amended by ments by the March 2, 1973, notice and fFR Doc.73-23083 Filed 10-29-73; 8:45 am] substituting the following paragraph (e) the period for comments on the proposal for paragraph (e) thereof: published January 26,1973 (38 FR 2463- (e) Expiration date. The provisions of2464) was extended to coincide with the [S.O. 1112, Arndt. 4] this order shall expire at 11:59 p.m., expiration of the comment period on the PART 1033— CAR SERVICE April 30,1974, unless otherwise modified, March 2,1973, notice. changed, or suspended by order of this In response to the proposed amend­ Railroad Operating Regulations for Freight Commission. ments published January 26, 1973 (38 Car Movement Effective date. This amendment shall FR 2463-2464), nearly 200 comments At a session of the Interstate Com­ become effective at 11:59 p.m., Octo­ were received from various sources in­ merce Commission, Railroad Service ber 31,1973. cluding representatives of State govern­ Board, held in Washington, D.C„ on the (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, ment agencies, zoological parks, and pet 19th day o f October 1973. 384, as amended; (49 US.C.' 1, 12, 15, and shops, individual aviculturists, bird im­ Upon further consideration of Service 17(2)). Interprets or appUes secs. 1(10-17), porters, researchers, and various seg­ Order No. 1112 (37 FR 21153, 23728, 15(4), and 17(2), 40 Stat. 101, as amended, ments o f the poultry industry. Thirty 23840; 38 FR 7332), and good cause ap­ 54 Stat. 911; (49 U.S.O. 1(10-17), 15(4), and percent of comments received favored pearing therefor; 17(2)).) the proposal and requested publication It is ordered, That § 1033.1112 Service It is further ordered, That a copy of without change, 55 percent supported the Order No. 1112 (Railroad operating regu­ this amendment shall be served upon the proposal but suggested revisions or ex­ lations for freight car movement) be, and Association of American Railroads, Car ceptions, and 15 percent opposed the it is hereby, amended by substituting the Service Division, as agent of all railroads proposal, requesting that the prohibition following paragraph (d) for paragraph subscribing to the car service and car against importation of commercial birds (d) thereof: hire agreement under the terms of that be permanently maintained or that such agreement, and upon the American Short importations be allowed without restric­ (d ) Expiration date. The provisions of tions. this order shall expire at 11:59 p.m., Line Railroad Association; and that no­ Among comments received was a re­ April 30,1974, unless otherwise modified, tice of this amendment be givrai to the quest that special procedures be provided changed, or suspended by order of this general public by depositing a copy in for importation of birds by zoological Commission. the Office of the Secretary of the Com­ parks and that such birds be quarantined Effective date. This amendment shall mission at Washington, D.C., and by fil­ at destination in such parks. Suggestions become effective at 11:59 p.m., Oc­ ing it with the Director, Office of the Fed­ were made that additional ports of entry tober 31,1973. eral Register. > be provided; that birds be permitted to (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, By the Commission, Railroad Service transit certain ports before being in­ 384, as amended (49 U.S.C. 1, 12, 15, and Board. spected; that veterinary inspection at 17(2)). Interprets or applies secs. 1(10-17), ports of entry be eliminated; that a pro­ 15(4), and 17(2), 40 Stat. 101, as amended, [ seal] R obert L. Oswald, vision be made for the quarantine of the 54 Stat. 911 (49 UJS.C. 1(10-17), 15(4), and Secretary. birds at any point in the United States; 17(2).) [FR Doc.73—23085 Filed 10-29-73;8:45 am] that health certification be limited to It is further ordered, That a copy of inspection made at the time of export; this amendment shall be served upon the Title 9— Animals and Animal Products that exceptions to the requirements be Association of American Railroads, Car CHAPTER I— ANIMAL AND PLANT HEALTH made for certain avian species; and that Service Division, as agent of all rail­ INSPECTION SERVICE, DEPARTMENT birds from any part of the world be per­ roads subscribing to the car service and OF AGRICULTURE mitted entry at any port of entry desig­ car hire agreement under the terms of nated for the importation of commercial SUBCHAPTER D— EXPORTATION AND IMPOR­ that agreement, and upon the American TATION OF ANIMALS (INCLUDING POULTRY) birds. Short Line Railroad Association; and AND ANIMAL PRODUCTS Twenty-one written comments were that notice of this amendment.be given PART 92— IMPORTATION OF CERTAIN received in response to the proposal pub­ to the general public by depositing a ANIMALS AND POULTRY AND CERTAIN lished March 2, 1973 (38 FR 5641-5642), copy in the Office of the Secretary of the ANIMAL AND POULTRY PRODUCTS: about half of which were favorable. Commission at Washington, D.C., and INSPECTION AND OTHER REQUIRE­ Objections posed by the remaining com­ by filing it with the Director, Office of MENTS FOR CERTAIN MEANS OF CON­ ments received were: That standards as the Federal Register. VEYANCE AND SHIPPING CONTAINERS proposed were too stringent; that cost of THEREON providing facilities would be prohibitive; By the Commission, Railroad Service that handling procedures as proposed Board. Relief of Restrictions on Importation of Birds were not practical for certain avian spe­ [seal] R obert L. Oswald, cies; that quarantine facilities should be Statement of considerations. On Jan­ established overseas in lieu of the United S ecreta ry. uary 26, 1973, there were published in States; that the provision for quarantine [FR Doc.73-23084 Filed 10-29-73;8:45 am] the Federal R egister (38 FR 2463-2464) proposed amendments of the regulations on an “all-in, all-out” basis should be in 9 CFR Part 92 which would allow the eliminated and that disposal of waste [S. 0 . 1149, Arndt. 1] importation of commercial birds under from quarantine facilities should be per­ specified conditions, including a require­ PART 1033— CAR SERVICE mitted in public facilities after birds ment of quarantine in facilities approved held in facilities were released from Fort Worth and Denver Railway Co. by an inspector of Veterinary Services and a requirement that the birds be han­ quarantine. At a session of the Interstate Com­ dled during quarantine in accordance After due consideration of all relevant merce Commission, Railroad Service with procedures prescribed by the Deputy material, including that submitted to

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 RULES AND REGULATIONS 29883 connection with such notices, the pro­ and a new footnote8 is added to the regu­ §92.11 Quarantine requirements. posals are hereby adopted without sub­ lations to read as follows: * * * * * stantive change, except that the follow ­ 6. In § 92.5, the section heading is (6) Birds. Each lot of commercial ing additional ports of entry have been amended and a new paragraph (c) is birds imported from any part of the added to the list of such ports in § 92.8 added to read: world shall be quarantined for a mini­ (b) : Tampa, Florida; Chicago, Illinois; § 92.5 Certificate of ruminants, swine, mum of 30 days, and for such longer San Francisco, California; Boston, Mas­ poultry, and commercial birds. period as may be required by the Deputy sachusetts; and New Orleans, Louisiana; ***** Administrator, Veterinary Services, in and the provision whereby birds imported any specific case, on an “all-in, all-out” from Canada and Mexico would enter (c) Birds. All commercial birds of­ fered for importation from any country basis, at one of the ports of entry speci­ through specific ports has been changed fied in § 92.8(b) in facilities which are to permit entry of birds from those coun­ of the world shall be accompanied by a certificate issued by a full-time salaried provided by the importer and which have tries through any port designated for the been approved by the Deputy Adminis­ importation of commercial birds. Various veterinary officer of the National Gov­ ernment of the country from which the trator as provided in paragraph (f) of other changes are made to clarify and this section, prior to the issuance of the coordinate the provisions contained in birds are to be exported, stating that all birds covered by the certificate have been import permit described in §• 92.4. Dur­ the notices. It has been determined that ing the quarantine period, the importer the provisions adopted are necessary and inspected by him and that no evidence of Newcastle disease, ornithosis, or other shall comply with handling procedures, adequate to prevent the introduction or (including Inspection and testing) as dissemination of poultry diseases into the communicable disease of poultry was found among the birds and insofar as provided in paragraph (f) of this section. United States. If the birds are found free of evidence Therefore, pursuant to section 2 of the has been possible to determine, they were not exposed to any such disease during of communicable diseases of poultry dur­ Act of February 2, 1903, as amended, and the 90 days immediately preceding their ing quarantine, then the port veterinar­ sections 2,3, 4, and 11 o f the Act of July 2, exportation; that such birds were indi­ ian shall issue an agriculture release for 1962 (21 .U.S.C. I l l , 134a, 134b, 134c, vidually identified by serially numbered entry through U.S. Customs. If the birds and 134f ), Part 92, Title 9, Code o f Fed­ legbands (or by other suitable means of are found during port of entry inspec­ eral Regulations is hereby amended in identification approved by the Deputy tion or during quarantine, to be infected the following respects : Administrator, Veterinary Services, upon with or exposed to a communicable dis­ 1. In §92.1 paragraph (j) (2) is request to him) and such birds were ease of poultry, such birds shall be re­ amended by adding new subdivisions (i) placed into new containers at the prem­ fused entry or shall be held for an addi­ and (ii) to read as follows : ises from which the birds are to be ex­ tional period in quarantine until deter­ ported; that such birds have not been mined to be free of evidence of any § 92.1 Definitions. communicable disease, or shall be other­ * * * * * Vaccinated with Newcastle disease vac­ cine ; that' Newcastle disease did not oc­ wise disposed of as directed by the Dep­ (j) * * * uty Administrator, Veterinary Services, (2) * * * cur anywhere on the premises from which the birds are to be exported or on in accordance with the provisions of sec­ (i) Pet birds. Birds which are imported adjoining premises during the 90 days tion 2 of the Act of July 2,1962 (21 U.S.C. for the personal pleasure of their in­ immediately preceding the exportation 134a). See also paragraph (f) (3) (ii) (E) dividual owners and are not intended for of such birds and that these premises of this section. resale, research, breeding, or public dis­ are not located iii any area under quar­ (f) Standards for approved quarantine play.' antine for poultry diseases at any time facilities and handling procedures for (ii) Commercial birds. Birds which are during such preceding 90'days. importation of birds. To qualify for des­ imported for the purpose of resale, re­ 7. In § 92.8, a new paragraph (b) is ignation as an approved quarantine fa­ search, breeding, or public display. added to read: cility7 and to retain such approval, the * * * * * facility and its maintenance and opera­ § 92.8 Inspection at port qf entry. tion must meet the minimum require­ 2. In § 92.2, in paragraph (b) the last * * * * * ments of subparagraphs (1) through (6) clause “ except as provided in paragraph (b) All commercial birds importedof this paragraph (f). The cost of the (c) or (d) of this section.” is amended from any part of the world shall be sub­ facility and all costs associated with the to read “except as provided in paragraph jected to inspection at the Customs port maintenance and operation of such fa­ (c), (d),. or (f ) of this section.” of entry by a veterinary inspector of cility shall be borne by the importer. 3. In § 92.2, a new paragraph (f) is Veterinary Services and such birds shall (1) Supervision of the facility. The added to read as follows : be permitted entry only at the following facility shall be maintained under the supervision of the Veterinary Services § 92.2 General prohibitions ; exceptions. ports of entry: Boston, Massachusetts; * aft * * * port veterinarian at one of the ports New York, New York; Miami, Florida; listed in § 92.8(b). (f ) Commercial birds may be imported • Tampa, Florida; New Orleans, Louisiana; (2) Physical plant requirements. The into the United States if they meet the Brownsville, Texas; El Paso, Texas; San facility shall comply with the following requirements of §§ 92.3(f), 92.4, 92.5(c), Ysidro, California; Los Angeles, Califor­ requirements: 92.8(b), and 92.11(e) which specifically nia; San Francisco, California; Hono­ (i) Location. The quarantine facility apply to commercial birds and the re­ shall be located: quirement o f all other sections in this lulu, Hawaii; Seattle, Washington; Chi­ (A) Within the immediate area of the part that are applicable to poultry or to cago, Illinois, and Detroit, Michigan. port of entry to curtail to a minimum animals generally. 8. In § 92.11, in paragraph (c) (1) the the possibility of introduction and dis­ 4. In § 92.3, a new paragraph (f) is reference to “§ 92.26(a)” is changed to semination of poultry diseases by the added to read: “ § 92.26” and the phrase “ and § 92.38 imported birds, while in transit from (a)” is deleted; and the section heading the point of entry to the quarantine § 92.3 Ports designated for the impor­ is changed and new paragraphs (e) and facility; tation o f animals. (f) are added to read: (B) At least one-half mile from any ***** concentration of avian species, such as, (f) Notwithstanding any other pro­ but not limited to, poultry processing «For other permit requirements for birds, visions of this section, all commercial the regulations issued by the U.S. Department birds shall be imported only at a port of of the Interior (Part 17, Title 50, Code of 7 Information as to the identity of such entry specified in § 92.8(b). Federal Regulations) and the regulations facilities may be obtained from the Deputy Administrator, Veterinary Services, Animal § 92.4 [Amended] issued by the U.S. Department of Health, Education, and Welfare (Subpart J -l of Part and Plant Health Inspection Service, U.S. 5. In § 92.4, a reference to a new foot­ 71, Title 42, Code of Federal Regulations) Department of Agriculture, Washington, note* is added after the section heading should be consulted. D.C.20250.

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29884 RULES AND REGULATIONS plants, poultry or bird farms, pigeon (D) Protective clothing and footwear of the United States Public Health lofts, or other approved quarantine fa­ adequate to insure that workers at the Service; 8 cilities. Factors such as prevailing winds, facility have clean clothing and footwear (D) The facility operator shall im­ possible exposure to poultry or birds at the start of each workday and at any mediately collect all birds which die in moving in local traffic, etc., shall be time such articles become soiled or con­ quarantine and hold them under re­ taken into consideration. If the quaran­ taminated; frigeration, within the facility, shall ac­ tine facility consists of multiple units (E) Power cleaning and disinfecting count for all birds in the shipment,'' and for handling separate lots of birds, the equipment with adequate capacity to dis­ shall not dispose of any carcass or parts Individual units shall be located at least infect the facility and equipment; thereof unless authorized to do so by a one-half mile from each other with sep­ (F) Sufficient stocks of a disinfectant Veterinary Medical Officer of Veterinary arate personnel working as handlers in authorized in § 71.10(a) (5) of this chap­ Services of the Department. Birds that each unit. ter; diè enroute to the United States or while (ii) Construction. The unit or units (G) A security system which prevents in quarantine shall be made available at m a k in g up the quarantine facility shall contact of birds in quarantine with per­ the port of entry for necropsy by a De­ each consist of a building or buildings sons not authorized entry to the facility partment poultry disease diagnostician which shall : and with other birds and animals. Such who may submit specimens from such (A) Be constructed only with mate­a system shall include a daily log to re­ birds for laboratory examination. rials that can withstand continued clean­ cord the entry and exit of all'persons (E) During the period of quarantine, ing and disinfection. (All solid walls, entering the facility and controls at all the birds shall be subjected to such tests floors, and ceilings shall be constructed of doorways and other openings to the facil­ and procedures as are required in spe­ impervious material; all screening shall ity to prevent escape or accidental entry cific cases by the Veterinary Services be metal; all openings to the outside shall o f birds. port veterinarian, to determine whether be double-screened.),; (3) Operational procedures. To retainthe birds are free from communicable I (B) Have a bird holding area of suffi­ designation as an approved quarantine diseases of poultry. Such procedures may cient size to prevent overcrowding of the facility, the following procedures shall include requiring that sentinel birds be birds in quarantine. (All access into this be observed at the facility at all times. placed in the facility to detect the pres­ holding area shall be from within the

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 RULES AND REGULATIONS 29885

(4) Additional requirements as to Insofar as the amendments relieve a Standard Requirement or in a filed location, security, physical plant and certain restrictions no longer deemed Outline of Production for the product. If facilities, sanitation, and other items necessary to prevent the introduction the results of such tests are unsatisfac­ may be imposed by the Deputy Adminis­ and spread of poultry disease, they must tory, the serial will not be released for trator, Veterinary Services, in each be made effective promptly in order to market. specific case in order to assure that the be of maximum benefit to affected per­ After due consideration of all relevant quarantine of the birds in such facility sons. It does not appear that further matters, including the proposals set forth will be adequate to enable determination public participation in rulemaking pro­ in the aforesaid notice of rulemaking, of their health status, prevent spread of ceedings concerning the amendments and the comments and views submitted disease among birds in quarantine, and would make additional relevant informa­ by interested persons, and pursuant to prevent escape o f poultry disease agents tion available to the Department. the authority contained in the Virus-Se­ from the facility. Accordingly, under the administrative rum -Toxin Act o f March 4, 1913 (21 (5) Requests for approval and plans procedure provisions in 5 U.S.C. 553, it U.S.C. 151-158), the amendments of Part for proposed facilities shall be submitted is found upon good cause that further 113 of Subchapter E, Chapter 1, Title 9 to the Deputy Administrator, Veterinary notice and other public procedure with of the -Code of Federal Regulations, as Services, Animal and Plant Health In ­ respect to the amendments are imprac­ contained in the aforesaid notice are spection Service, U.S. Department of ticable, unnecessary, and contrary to the hereby adopted and are set forth herein, Agriculture, Federal Center Building, public interest, and good cause is found subject to the following noted modifica­ Hyattsville, Maryland 20782. for making them effective less than 30 tions: , (6) Before a decision is made with days after publication in the F ederal Conforming changes have been made respect to the eligibility of any facility R egister. in the proposal to be consistent with the for initial approval, a personal inspec­ Done at Washington, D.C., this 24th processing of Outlines of Production as tion of the facility shall be made by a prescribed in § 114.8 o f this subchapter. day of October 1973. The word “approved” has been changed Veterinary Medical Officer of Veterinary G. H. W ise, Services, to determine whether it com ­ Acting Administrator, Animal and to “filed” in the lead paragraphs of plies with the standards outlined in this Plant Health Inspection Service. , §§ 113.30, 113.32, 113.34, 113.35, 113.36, section. Approval of any facility may be and 113.37. refused and approval of any approved [FR Doc.73-23096 FUed 10-29-73;8:45 am] “Standard Requirement” has been quarantine facility may be withdrawn at capitalized in the lead paragraphs of any. time by the Deputy Administrator, SUBCHAPTER E— VIRUSES, SERUMS, TOXINS, §§ 113.34,113.35,113.36, and 113.37. AND ANALOGOUS PRODUCTS: ORGANISMS In § 113.28, the M-96 test has been Veterinary Services, upon his determina­ AND VECTORS tion that any requirement of this sec­ deleted at this time; minor adjustments tion is not being met. Before such action PART 113— STANDARD REQUIREMENTS and corrections have been made in the is taken, the operator of the facility will Miscellaneous Amendments heart infusion test; paragraph (g) has be informed of the reasons for the pro­ been .rewritten for clarity and redesig­ posed action and afforded opportunity to On June 12, 1973, there was published nated as paragraph (e). present his views thereon. in the Federal R egister (FR Doc. 73- The lead paragraph in § 113.29 has 15450) a notice of proposed rulemaking Requirements of other Federal laws been rewritten and § 113.29(d) deleted with respect to proposed amendments to- to conform with other tests. and regulations, such as the Depart­ the regulations relating to viruses, se­ ment’s Animal W elfare Regulations in Corrected spelling of “monometer” and rums, toxins, and analogous products in “mg” in § 113.29(b) (2) and (3), respec­ Subchapter A of this chapter shall also Part 113 of Title 9, Code of Federal Reg­ apply as applicable to the quarantine tively; corrected temperature in § 113.29 ulations, issued pursuant to the provi­ (c) (1) to “ 100° C or higher;” reworded facilities. sions of the Virus-Serum-Toxin Act of S 113.29(c)(6), (7), (9), and (10) for 9. Section 92.38 is deleted and § 92.26March 4,1913 (21 U.S.C. 151-158). clarity. is amended to read: These amendments shall make more § 113.30(a) has been rewritten to pro­ § 92.26 Poultry from Canada. readily available to the general public vide for tissue culture products; the some of the requirements to be com­ choice of mediums has been changed in Poultry imported from Canada is not plied with when preparing biological § 113.30(b); and “Salmonella” has been required to meet the requirements of products, including acceptable test meth­ capitalized in two places in § 113.30(d) § 92.11(c) but shall meet all other re­ ods and procedures by publishing such and (e ). quirements of this Part applicable to requirements, methods, and procedures The lead paragraph in § 113.31 has poultry or to animals generally. in the regulations instead of administra­ been rewritten to limit the test to virus § 92.38 [Deleted] tive memorandums. * products of chicken origin and provide for exemption of certain inactivated (Sec. 2, 32 Stat. 792, as amended; secs. 2, 3, Nine basic tests, requirements for se­ 4, and 11, 76 Stat. 129, 130, 132; 21 U.S.C. lection of cells for cell cultures and purity products. Hie word “if” has been de­ leted from the first line of § 113.31(a) (1) Ill, 134a, 134b, 134c, 134f; 37 FR 28464, requirements for some ingredients of bi­ 28477; 38 FR 19141.) and “the same wee£” has been inserted ological products would be codified in 12 in the tenth line for clarification. Gram­ Note.— The. recordkeeping and reporting requirements contained, herein have been new sections which would be added to mar in § 113.31(b) (1) has been corrected approved by the Office of Management and Part 113. Section 113.2 is redesignated as by inserting “ and.” Budget in accordance with the Federal Re­ § 113.50; § 113.33 as proposed is deleted; § 113.32 has been rewritten for clarifi­ ports Act of 1942. cation. and 14 sections are reserved for future The proposed § 113.33 has been with­ Effective date. .The foregoing amend­ use. held at this time and § 113.33 has been ments shall become effective October 30, The basic tests and the requirements reserved. 1973. included in these amendments have been Insofar as the amendments impose 1113.34(a) has been reworded to pro­ restrictions necessary in order to prevent developed over a period of years in coop­ vide for combination products containing further introduction or dissemination of eration with interested members of the Newcastle Disease Vaccine. In § 113.34 poultry diseases from foreign countries scientific society and, for the most part, • (c), “post-inoculation” has been hyphen­ into the United States, and in order to have been utilized by industry either as ated. protect the gains made in the exotic accepted requirements or as proposals § 113.34(e) is reworded for clarifica­ Newcastle disease eradication program under development. The test shall be con­ they must be made effective as soon as tion . possible in order to accomplish these ducted on samples of each serial pro­ § 113.35 has been rewritten for clarifi­ objectives. duced when such tests are prescribed in cation.

FEDERAL REGISTER, VOL. 38, NO . 208— TUESDAY, OCTOBER 30, 1973 No. 208—pt. 29886 RULES AND REGULATIONS

The words "at least” have been in­ a better choice of words. Spelling of “or” manufactured in the United States or serted in § 113.36(b) to make the test has been corrected. imported into the United States as pre­ more flexible. The phrase “disrupted completely” has scribed in this section. Additional sam­ . The phrase "up to” has been inserted been substituted for “rendered free of in­ ples may be purchased in the open in § 113.37(b) to make the test more tact cells” for accuracy in § 113.52(g) (4) market by a Veterinary Services repre­ flexible. ( ii ) . sentative. “Chorio-allantoic membrane (CAM)” The word “glass” has been deleted from (a) An employee of the Department, has been inserted instead of "CAM” in the lead paragraph of § 113.52(g) (5) as of the licensee, or of the permittee, as § 113.37(c) (1) for completeness and being unnecessarily restrictive and - re­ designated by the Deputy Administrator § 113.37(c) (2) has been reworded for worded to include the use of a specific shall select prerelease samples of bio­ clarification; spelling of “embryos” has conjugate for completion of the test. logical product to be tested by Veterinary been corrected; and “post-inoculation” “Veterinary Services” has been capital­ Services. Such samples shaÿ be for­ has been hyphenated. A comma has been ized in § 113.52(g) (5) (iii). warded to the place designated by the inserted in § 113.37(d). The lead paragraph of § 113.53 has Deputy Administrator and in the number The lead paragraph o f § 113.51, § 113.- been changed to exempt material which prescribed in paragraph (b) of this 51(a), § 113.51(b), and the first sentence has been heat sterilized. Requirement for section. of § 113.51(c) have been reworded for mycoplasma test in § 113.53(a) (1) has (1) Selection shall be made as follows: clarification of intent. Reference to been reworded according to changes (1) Nonviable iiquid biological prod­ § 113.27 in § 113.51(b) has been corrected made in § 113.28. ucts—either bulk or final container sam­ to read "§ 113.26.” § 113.51(c) (2) has § 113.53(b) (2) has been reworded to ples of completed product shall be se­ been reworded for clarity. The tenth line correct references, for clarification, and lected for purity, safety, or potency tests. in § 113.51(c) (3) which was printed up­ permit use of all cells. Biological product in final container shall side down in the proposal has been § 113.53(b) (3) has been reworded to be selected to test for viable bacteria and corrected. limit abnormalities to those that are fungi. The first sentence in the lead para­ virus induced. (ii) Viable liquid biological products; graph of § 113.51(d) is rewritten for §113.53(b) (4) has been reworded to samples shall be in final containers arid clarification. The word “glass” is deleted permit subculturing and to use a test shall be randomly selected at the end of from the second sentence as being un­ specified by reference. § 113.53(b) (6) has the filling operation. Bulk containers of necessarily restrictive and the word “de­ been corrected by inserting “and” in the completed product may be sampled when liberately” deleted from the fifth sen­ last sentence. authorized by the Deputy Administrator. tence as superfluous. § 113.53(b) (7) has been corrected by (iii) Desiccated biological products; The phrase “any of” has been deleted substituting “into” for “onto a rack.” samples shall be in final containers and from the first line of § 113.51(d) (1) and The word “additionally” has been in­ shall be randomly selected if desiccated § 113.51(d) (2) has been rewritten for serted for clarity in § 113.53(b) (8). in the final container. Biological products clarity. § 113.53(b) (8) (i) has been reworded desiccated in bulk shall be sampled at § 113.51 (e) and (f) have been rewrit­ for clarity and “post-inoculation” has the end of the filling operation. ten for clarity. been hyphenated in § 113.53(b) (8) (ii). (iv) Representative samples of each § 113.52(a) (2) “Master Cell Stock” has A statement has been added in a new serial or subserial in each shipment of been capitalized. § 113.53(b) (9) to be used in judging re­ imported biological products shall be § 113.52(a) (5) “Veterinary Services” sults of the tests. selected. has been capitalized. Licensees and permittees have been (2) Comparable samples shall be used The lead paragraph of § 113.52(d) has operating under currently effective by Veterinary Services, the licensee, and been changed for accuracy of wording sample requirements which have been the permittee for similar tests. and to provide for 28 days instead of 14 prescribed in administrative memoran­ (b) Unless otherwise prescribed by the days. dums by the Deputy Administrator in ac­ Deputy Administrator, the number of Grammatical correction has been cordance with § 113.3 in the number final container samples to be selected made in § 113.52(d)(1) . needed to conduct required tests. The re­ from each serial and subserial shall be: Reference has been corrected in § 113.- visions being made by these amendments (1) Vaccines: 5 2 (d )(2 ). merely codify in § 113.3 the basic sample (1) Twelve single-dose or six multiple- The word “methodically” has been de­ requirements in such memorandums. The dose samples of live bacterial vaccines; leted from § 113.52(d) (3) as superfluous. changés in § 113.4 are merely conform ing (ii) Thirty single-dose or 20 multiple- § 113.52(d) (4) (iv) and (v) has been re­ and editorial in nature in that § 113.4 is dose samples of equine encephalomye­ worded and (v) changed from (vi) for amended to make the heading consistent litis vaccine (killed) ; accuracy. Reference is corrected in with the content and further amended (iii) Eighteen samples of live virus § 113.52(d) (5). The word “of” has been to conform with § 114.8 of this subchap­ rabies vaccine; inserted in the second sentence of ter by substituting “filed Outline of Pro­ (iv) Six samples of coccidiosis vac­ § 113.52(d) (6) as a grammatical correc­ duction for the product” for “approved cine: tion. Wrong reference has been cor­ outline” in § 113.4(a) and editorial (v) Sixteen samples of all other rected in § 113.52(e) and in two places changes in § 113.4(b). vaccines. in § 113.52(f). “Veterinary Services” has Therefore, it is found upon good cause (2) Bacterins: been capitalized in § 113.52(f) and the that notice and other public procedure (i) Twelve samples of single-fraction spelling of “positive” has been corrected. concerning the sample requirements in bacterins; The word “harmful” has been deleted § 113.3 and the conform ing and editorial (ii) Thirteen samples of double-frac­ from the third line and “consists” changes in § 113.4 are impractical and tion bacterins; changed to “consist” in the sixth line of unnecessary. (iii) Fourteen samples of triple-frac­ § 113.52(g) for clarity. 1. §§ 113.3 and 113.4 are amended by tion bacterins; § 113.52(g) (3) (i) has been reworded revising the lead paragraph of § 113.3; (iv) Fifteen samples of bacterins con­ for accuracy and clarity. “Post-inocula­ by revising § 113.3(a) ; by revising § 113. taining more than three fractions. tion” has been hyphenated in § 113.52 3(b) and redesignating it as § 113.3(c) ; (3) Antiserums: Twelve samples of (g) (3) (ii). The word “foreign” has been by adding a new § 113.3(b) ; and by re­ antiserum recommended for large ani­ mals or 14 samples of antiserum recom­ deleted from § 113.52(g) (3) (iii) in two vising ? 113.4., §§ 113.3, and 113.4 are places for accuracy. mended for small animals or the num­ amended to read; Punctuation has been corrected in ber of reagent serum samples prescribed in the filed Outline of Production for the § 113.52(g) (4) (i) by adding commas in § 113-3 Sampling of biological products, product. two places. Also, the phrase “progrès- Each licensee and permittee shall fur- (4) Antitoxins: Twelve samples of sively proliferating” has been substituted nish representative samples of each tetanus antitoxin or 11 samples of for “progressive proliferation” as being serial or subserial of a biological product other antitoxins.

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 RULES AND REGULATIONS 298g7

(5) Toxoids and Bacterin-Toxoids:

FEDERAL REGISTER, V O L 38, NO . 208— TUESDAY, OCTOBER 30, 1973 29888 RULES AND REGULATIONS

(5) .If needed, a desiccator jar equipped§ 113.30 Detection o f Salmonella con­ try, or the equivalent of one dose of with P2O5 plus CaSOi or CaCl2 drying tamination. vaccine for use in animals other than agent with indicator. The test for detection of Salmonella poultry shall be rehydrated with 5 ml (c) Test procedure: contamination provided in this section of cell culture media and used as inocu­ (1) Thoroughly cleaned weighing shall be conducted when such a test is lum. Control cultures shall be prepared dishes shall be dried approximately 3 prescribed in an applicable Standard Re­ from the same cell suspension as the hours at 60° C under vacuum or for 1 quirement or in the filed Outline of Pro­ cultures for testing the vaccine. hour at 100° C or higher in a drying oven. duction for the product. (3) Uninoculated chick embryo fibro­ Immediately upon removal, the dishes (a) Samples shall be collected from blast cell cultures shall act as negative shall be placed in a dry atmosphere and the bulk suspension before bacteriostatic controls. One set of chick fibroblast cul­ allowed to cool to room temperature. The or bactericidal agents have been added. tures inoculated with subgroup A virus tare weight of each weighing dish shall When tissue culture products are to be and another set inoculated with sub­ be determined as rapidly as possible. All tested, 1 ml of tissue , extract used as the group B virus shall act as positive con­ manipulations of weighing dishes shall source of. cells or 1 ml of the minced trols, A and B respectively. be made with tongs or while wearing tissue per se shall be tested. (4) The cell cultures shall be propa­ gloves. (b) Five ml of the liquid vaccine sus­ gated at 35-37° C for at least 21 days. (2) The relative humidity of the dry pension shall be used to inoculate each They shall be passed when necessary to box shall be reduced to 0 to 10 percent to 100 ml of liquid broth medium (tryptose maintain viability and samples harvested assure a low level of moisture in the box and either selenite P or tetrathionate). from each passage shall be tested for during the time of transfer of the sample The inoculated media shall be incubated group specific antigen. to the weighing dish. 18-24 hours at 35-37° C. (b) The microtiter complement-fixa­ (3) After the sample container has (c) Transfers shall be made to either tion test shall be performed using either equilibrated in the dry atmosphere, the MacConkey agar or Salmonella-Shigella the 50 percent or the 100 percent hemo­ vacuum shall be released slowly allowing agar, incubated for 18-24 hours and ex­ lytic end point technique to determine dry air to enter the bottle. amined. complement unitage. Five 50 percent (4) The stopper shall be removed and (d) If no growth typical of Salmonella hemolytic units or two 100 percent hemo­ the sample plug broken up with a spatula. is noted,.the plates shall be incubated an lytic units of complement shall be used (5) The sample shall be rapidly trans­ additional 18-24 hours and again ex­ for each test. ferred to a previously weighed and amined. (1) All test materials, including posi­ marked weighing dish and covered with tive and negative controls, shall be stored its lid. (e) If suspicious colonies are ob­ at —60° C or colder until used in the test. (6) After transfer has been completed, served, further subculture on suitable Before use, each sample shall be thawed the weighing dish with its contents shall media shall be made for positive identi­ fication. If Salmonella is found, the bulk and frozen three times to disrupt intact be weighed immediately giving the gross cells and release the group specific anti­ weight of the dish and sample. This suspension is unsatisfactory. gen. weight minus the tare weight of the § 113.31 Detection of avian lymphoid (2) The antiserum used in the micro­ weighing dish is the sample weight. leukosis. titer complement-fixation test shall be (7) The lids shall be removed and The complement-fixation test for de­ a standard reagent supplied or approved placed with their matched weighing tection of avian lymphoid leukosis pro­ by the Veterinary Services. Four units of dishes in the vacuum oven. The pressure vided in this section shall be conducted antiserum shall be used for each test. in the oven shall be reduced to 1 milli­ on all biological products containing virus (3) Presence of complement-fixing ac­ meter of mercury or less and the thermo­ which has been propagated in substrates tivity in the harvested samples (from stat set at 60° C. A small amount of dry of chicken origin: Provided, An inacti­ passages) at the 1:4 or higher dilution, air shall be allowed to bleed into the vated viral product shall be exempt from in the absence of antieomplementary ac­ oven during the drying period and this requirement if the licensee can de­ tivity, shall be considered a positive test the reduced pressure maintained by con­ monstrate to Veterinary Services that unless the activity can definitely be es­ tinuous operation of the vacuum pump. the agent used to inactivate the vaccine tablished to be caused by something other (8) After 24 hours of drying time, the virus would also inactivate lymphoid leu­ than lymphoid leukosis virus, subgroups vacuum pump shall be stopped and dry kosis virus. A and/or B. Activity at the 1:2 dilution air allowed to continually bleed into the (a) Propagation of. contaminatingshall be considered suspicious and the oven with an increased flow rate until lymphoid leukosis viruses, if present, sample further subcultured to determine the pressure inside of the oven has been shall be done in chick embryo cell presence or absence of the group specific equalized with the atmosphere. cultures. antigen. (9) The lids shall be immediately re­ (4) Biological products or primary (1) Each vaccine virus, cytopathic to cells which are found contaminated with placed in the normal closed position and chick embryo fibroblast cells, shall be ef­ the dishes placed in an efficient desic­ lymphoid leukosis viruses are unsatisfac­ fectively neutralized, inactivated, or sep­ tory. Source flocks from which contam­ cator and allowed to cool to room arated so that minimal amounts of lym­ temperature. inated material was obtained are also un­ phoid leukosis virus can be propagated on satisfactory. (10) Immediately upon reaching am­ cell culture during the 21-day growth bient temperature, each weighing dish period. If a vaccine virus cannot be effec­ § 113.32 Detection of Brucella contam­ containing the sample shall be removed tively neutralized, inactivated, or sepa­ ination. from the desiccator and weighed as rated, a sample of another vaccine pre­ The test for detection of Brucella con­ rapidly as possible. This weight sub­ pared the same week from, material tamination provided in this section shall tracted from the gross weight obtained harvested from eaqh source flock (or be conducted when such a test is pre­ in accordance with subparagraph- (6) of other sampling procedure acceptable to scribed in an applicable Standard Re­ this paragraph gives the equivalent Veterinary Services) used for the prep­ quirement or in a filed Outline of Produc­ weight of moisture lost upon drying. aration of the questionable vaccine virus. tion for the product. (11) The steps prescribed in subpara­ that cannot be neutralized, inactivated, (a) One ml of the minced tissue used graphs (8), (9), and (10) of this para­ or separated shall be tested each week as the source of cells or 1 ml of the ex­ graph may be repeated if experience has during the preparation of such question­ tract of the tissue prior to the addition indicated that the particular product will able vaccine. of antibiotics, diluent and stabilizer, shall not dry to a constant weight in the first (2) When cell cultures are tested, 5 be inoculated onto each o f three tryptose 24 hours. ml of the final cell suspension as pre­ agar plates and incubated in a 10 percent (12) Refer to subparagraphs (6) and pared for seeding of production cell cul­ CO2 atmosphere at a temperature of 35- (10) of this paragraph. The equivalent tures shall be used as inoculum. When 37° C for at least 7 days. weight of moisture divided by the sam­ desiccated vaccines are tested, 200 doses (b) If colonies are identified as Bru­ ple weight times 100 equals the percent­ o f Newcastle disease vaccine, or 500 cella, the biological product is unsatis­ age of moisture in the original sample. doses of other vaccines for use in poul­ factory.

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 » RULES AND REGULATIONS 29889

(c) If colonies suspicious of Brucella (c) Hold the two pools of vaccine at (a) The biological product to be tested are observed but cannot be identified as room temperature for 2 hours. This is shall be prepared for use as recom­ a Brucella species, either 0 hour; Provided, That, in the case of mended on the label, or in the case of (1) The biological product shall be biological products containing more than desiccated vaccine to be used in poultry, regarded as unsatisfactory and de­ one virus component and one or more rehydrated with sterile distilled water at the rate of 30 ml per 1,000 doses. stroyed; or has to be neutralized for determination (2) Further subculture or other pro­ of the virus titer, 0 hour begins after the (b) One volume of the prepared vac­ cedures shall be carried out until a posi­ period of neutralization. cine shall be mixed with up to nine vol­ tive identification can be made. (d) Titrate the virus (es) in each pool. umes of sterile heat-inactivated specific Titrations shall be conducted using 0.5 antiserum to neutralize the vaccine virus § 113.33 [Reserved] logw dilution steps and a minimum of 10 in the product. Each lot of antiserum § 113.34 Detection of hemagglutinating substrate units per dilution. Compare shall be demonstrated by virus neutrali­ viruses* titers. zation tests not to inhibit other viruses (e) The diluent under test is satisfac­ known to be possible contaminants. The test for detection of hemagglu­ (c) After neutralization, 0.2 ml of the tinating viruses provided in this section tory if the titer of virus rehydrated with that diluent is no more than 0.7 log™ vaccine-serum mixture shall be inocu­ shall be conducted when such a test is lated into each of at least 20 fully sus­ prescribed in an applicable Standard below the titer of virus rehydrated with sterile distilled water and both titers are ceptible chicken embryos. Requirement or in the filed Outline of sufficient to satisfy minimum release (1) Twenty embryos, 9 to 11 days old, Production for the product. titers specified in the appropriate Stand­ shall be inoculated on the chorio-allan- (a) Final container samples of com­ ard Requirement or in the filed Outline toic membrane (CAM) with 0.1 ml, and pleted product rehydrated as recom­ of Production for the product, or both. in the allantoic sac with 0.1 ml. mended on the label shall be used as (f) A retest may be conducted if the (2) Eggs shall be candled daily for 7 inoculum: Provided, That poultry vac­ days. Deaths occurring during the first cines distributed without diluent shall difference in titers is not greater than 1.0 lOgio. 24 hours shall be disregarded but at least be rehydrated with 30 ml o f sterile dis­ 18 viable embryos shall survive 24 hours tilled water per 1,000 doses and used as § 113.36 Defection o f extraneous path­ post-inoculation for a valid test. Examine inoculum. When one or more fractions ogens by the chicken inoculation test. all embryos and CAM’s from embryos are to be used in combination with New­ The test for detection of extraneous which die after the first day. When castle Disease Vaccine, test samples shall pathogens provided in this section shall necessary, embryo subcultures shall be be collected from bulk suspensions of be conducted when such a test is pre­ made to determine the cause of a death. each prior to mixing with the Newcastle scribed in an applicable Standard Re­ The test shall be concluded on the sev­ Disease Vaccine. quirement or in the filed Outline of Pro­ enth day post-inoculation and the sur­ (b) Each of ten 9- to 10-day-old em- duction for the product. viving embryos (including CAM’s) bryonating eggs from Newcastle disease (a) The biological product to be test­ examined. susceptible flocks shall be inoculated into ed shall be prepared for use as recom­ (d) If death and/or abnormality at­ the allantoic cavity with 0.2 ml of the mended on the label, or in the case of tributable to the inoculum occur, the undiluted inoculum. desiccated vaccine to be used in poultry, serial is unsatisfactory: Provided, That, , (l) Test five uninoculated embryos of rehydrated with sterile distilled water at if there is a vaccine virus override, the the same age and from the same flock as the rate o f 30 ml per 1,000 doses. test may be repeated, using a higher those used fo r the test as negative (b) At least 25 healthy susceptible titered antiserum. controls. young chickens, properly identified and 3. Part 113 is further amended by re­ (2). Test an allantoic fluid sample o f obtained from the same source and designating the current provisions of Newcastle disease virus as a positive hatch, shall be immunized at least 14 § 113.2 as § 113.50, and reserving § 113.2 control. days prior to being put on test. The and 12 new sections designated as (c) Three to five days post-inocula­ immunizing agent shall be. the same as § 113.38-§ 113.49, and adding three new tion, a sample of allantoic fluid from the product to be tested but from a serial sections 113.51-113.53, to read as follows: each egg shall be tested separately by a previously tested and found satisfactory. rapid plate test for hemagglutinating (c) At least 20 of the previously im­ § 113.2 [Reserved] activity using a 0.5 percent suspension of munized birds shall be inoculated with § 113.38—§ 113.49 [Reserved] fresh chicken red blood cells. 10 label doses of the vaccine being tested Ingredient R equirements (d) If the results are inconclusive, one by each of the following routes: Sub­ § 113.50 Ingredients o f biological prod­ or two blind passages shall be made using cutaneous, intratracheal, eye-drop, and ucts. fluids from each o f the original test eggs. comb scarification (1 cm2). Twenty birds Fluids from dead and live embryos may All ingredients used in a licensed bio­ may be used for each route or combina­ logical product shall meet accepted be pooled separately for inoculum in tion o f routes. these passages. standards of purity and quality; shall (d) At least five birds shall be isolated be sufficiently nontoxic so that the (e) If hemagglutinating activity at­ as control birds. amount present in the recommended dose tributable to the product is observed, the (e) All birds shall be observed for 21 of the product shall not be toxic to the serial is unsatisfactory. days for signs of septicemic diseases, recipient; and in the combinations used § 113.35 Detection o f viricidal activity. respiratory diseases, or other pathologic shall not denature the specific substances conditions. in the product below the minimum ac­ The test for detection of viricidal ac­ (f) If the controls sicken or die, the ceptable potency within the dating tivity provided in this section shall be test is inconclusive. If the controls re­ period when stored at the recommended conducted when such a test is prescribed main healthy and sickness or deaths oc­ temperature. in an applicable Standard Requirement cur in the vaccinates, the serial is unsat­ or in the filed Outline of Production for isfactory. § 113.51 Requirements for primary the product for a liquid fraction used as cells used in biological product pro­ a diluent for a desiccated live virus frac­ § 113.37 Detection of extraneous path­ duction. tion in a combination package. ogens by the chick embryo inocula­ Prior to release of any serial of bio­ (a) Rehydrate two vials of vaccine tion test. logical product prepared from primary with the liquid fraction under test ac­ The test for detection of extraneous cells, samples from each batch of pri­ cording to the labeled dosage and pool pathogens provided in this section shall mary cells or samples from one subcul­ contents. be conducted when such a test is pre­ ture used in the preparation of such (b) Rehydrate two vials o f vaccine with scribed in an applicable Standard Re­ product shall be tested for contami­ sterile distilled water according to the quirement or in the filed Outline of Pro­ nating microorganisms as provided in label dosage and pool Contents. duction for the product. this section.

FEDERAL REGISTER, VOL. 38, NO . 208— TUESDAY, OCTOBER 30, 1973 29890 RULES AND REGULATIONS

(a) Final container samples of com­ cells used to prepare a biological product (2) Not more than 20 passages from pleted product or samples of the final shall be shown free of Bovine Virus the Master Cell Stock (MCS) shall be pool of harvested material or samples Diarrhea (BVD) virus. The samples for permitted. of each subculture of cells used to pre­ testing shall consist of at least 10 mono- (3) Each lot of cells shall be moni­ pare the biological product shall be layers of cells, each with an area at least tored for the characteristics determined shown free of mycoplasma by the method as large as a 10.5 x 22 mm coverslip. The to be normal for the cell line, such as, provided in § 113.28. H ie sample for test­ samples for testing shall be obtained but not limited to microscopic appear­ ing cells shall consist of at least 75 cm2 of from at least the second subpassage from ance, growth rate, acid production, or actively-growing cells or the equivalent intact tissue. The monolayers shall be other observable features. in harvest fluids: Provided, That all grown to at least 80 percent confluency (4) A minimum of 50 m itotic cells sources of cells in the batch of primary using the media (with additives) in­ shall be examinee, at both the MCS level cells are represented. tended for growth and maintenance and and the highest passage permitted. The (b) Final container samples of com­ under conditions similar to those used modal number in the highest passage pleted product or samples of the final to prepare the product. At least five of the shall not exceed plus or minus 15 per­ pool of harvested material or samples monolayers shall be inoculated with cent of the MCS. Marker chromosomes, of each subculture of cells used to pre­ BVD virus as positive controls. All mono- if any, shall persist over the useful pass­ pare the biological product shall be layers shall be further incubated at 35- age level. If the modal number exceeds shown free of bacteria and fungi by 37° C for an additional 4 to 6 days. All the limits and/or the marker chromo­ methods provided in §§ 113.25 and 113.26. •monolayers shall then be removed from somes do not persist over the useful pass­ (c) Each batch of primary cells or each their media, processed, and stained with age level, the cell line shall not be used subculture of such cells used to prepare anti-BVD fluorescein-tagged antibody for vaccine production. a biological product shall be shown free conjugate, and examined for presence of (5) Sufficient 1.0 ml or larger aliquots of adventitious agents as provided in specific fluorescence attributable to BVD of MCS and the highest passage of cells this paragraph. The samples for testing virus. permitted shall be prepared, kept in a shall consist of at least two separate (1) If the uninoculated monolayers frozen state, and made available to monolayers of cells, each at least 75 cm2 show evidences of specific BVD fluores­ Veterinary Services upon request for in area. The monolayers shall be main­ cence, the batch of primary cells is un­ performing the tests prescribed in this tained for at least 28 days using the satisfactory: Provided, That if specific section. * media (with additives) intended for fluorescence attributable to BVD virus (b) The MCS and either each subcul­ growth and maintenance and under is absent in more than one of the mono- ture of cells used to prepare a biologi­ conditions similar to those used to pre­ layers deliberately inoculated as positive cal product or the final pool of harvested pare biological products. Subculturing controls, the test is inconclusive. material (with or without the stabilizer) of tfie cells is permitted, if necessary, to (2) If the fluorescence of the monolay­ for each serial of such product shall be maintain the cells throughout the re­ ers inoculated with BVD virus as posi­ shown to be free of mycoplasma by methods prescribed in § 113.28. The quired period. tive controls is equivocal or if the un­ inoculated monolayers show equivocal sample for testing shall consist of at (1) The monolayers shall be examined least 75 cm2 of actively growing cells or regularly throughout the required period fluorescence suspicious of BVD con­ tamination or both, the test shall be the equivalent in harvest fluids.-The for evidences of cytopathology attrib­ cells shall represent all sources of cells utable to adventitious agents. declared inconclusive and may be re­ peated; Provided, That, if the test is not in the batch. (2) At least one monolayer, at the con­ repeated, the cells shall be regarded as (c) The MCS and each subculture clusion of the required observation pe­ unsatisfactory and not used for produc­ used to prepare a biological product or riod, shall be washed with several tion. When a test is repeated, use: the final pool of harvested material for changes of phosphate buffered saline. A (i) At least 10 additional monolayers each serial o f such product shall be tested mixed suspension of 6.2 percent guinea prepared from at least one subpassage for bacteria and fungi as provided in pig, chicken, and, human “O” erythro­ from that used as a test sample, or § 113.26. If bacteria or fungi are found cytes shall be added, and the cells incu­ (ii) Fluids from the uninoculated in the MCS, the MCS shall not be used. bated at 45° C for an appropriate incu­ monolayers which shall be added to 10 If bacteria or fungi are found in a sub­ bation period and the monolayer exam­ monolayers or cells known to be free of culture, the subculture shall not be used. ined for evidences of hemadsorption in BVD virus and essentially equivalent in (d) The MCS shall be shown to be the cell culture. BVD sensitivity to primary bovine kidney free of adventitious agents by methods (3) At least one monolayer, at the con­ cells. prescribed in subparagraphs (1), (2), clusion of the required observation pe­ (e) Each batch of primary cells or each (3), (4), (5), and (6) of this paragraph. riod, shall be alternately frozen and subculture of cells used to prepare a The samples for testing shall be at least thawed three times. A 1.0 ml aliquot o f biological product shall be shown free 75 cm2 in area. The monolayers shall be disrupted cells with fluids shall be dis­ of other specific viruses using applicable maintained for at least 28 days using the pensed onto at least one monolayer of fluorescent antibody tests. media (with additions) intended for Vero (African green monkey) or other (f) Each batch of primary cells of growth and maintenance and under con­ appropriate cell monolayer with a total chicken origin or each subculture of such ditions similar to those used in the area of at least 75 cm2. The monolayer of cells used to prepare a biological product preparation of biological products. Sub- Vero (or other appropriate) cells shall shall be tested for lymphoid leukosis etilturing the cells is permitted, if then be examined regularly throughout virus as provided in § 113.31. Cells found necessary, to maintain the cells through­ an additional observation period of at to contain lymphoid leukosis virus aré out the required period. least 14 days for evidences of cytopa­ unsatisfactory. (1) The monolayers shall be examined thology attributable to adventitious regularly throughout the required period agents. § 113.52 Requirements for selection of for evidence of cytopathology attribu­ (4) If specific cytopathology or hemad­ cell lines. table to adventitious agents. sorption attributable to adventitious All cell lines used to prepare biologi­ (2) At least one monolayer, at the agents are found, the subculture or batch cal products shall be tested as provided conclusion of the required observation of primary cells is unsatisfactory and in this section. Cell lines which are un­ period, shall be shown to be free of shall not be used to prepare biological satisfactory by any of the tests provided hemadsorbing agents by methods pro­ products. If adventitious agents are sus­ shall not be used. vided in I 113.51(c) (2). pected because of cytopathology or hem­ (a) General requirements. (3) At least one monolayer, at the adsorption and cannot be eliminated as a (1) Cell lines shall be derived from conclusion of the required observation possibility by additional testing, the normal tissues of healthy animals. A period, shall be stained with a suitable batch of primary cells is unsatisfactory. complete record shall be kept, such as, cytological stain and the entire mono- (d) Each batch of primary cells of but not limited to the source, passage layer examined for evidences of inclu­ bovine origin of each subculture of such history, and media used. sion bodies, abnormal number of giant

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 RULES AND REGULATIONS 29891 cells, or other cytopathology indicative of (1) Cell lines found to be tumorigenic (iii) When unconditioned domestic cell abnormalities attributable to adven­ in conditioned laboratory animals or by animals of each species for which the titious agents. hamster cheek pouch inoculation shall final biological product shall be recom­ (4) At least one monolayer, at the be considered satisfactory if no on­ mended are used, 107 viable cells sus­ conclusion of the required observation cogenicity occurs using disrupted cells pended in 0.5 to 1.0 ml o f medium shall period, shall be alternately frozen and in laboratory animals and if intact cells be inoculated subcutaneously into the thawed three times. A 1.0 ml aliquot of do not produce tumors when inoculated inguinal region of each of not less than disrupted cells shall be dispensed onto into the species for which the product is 20 animals. Twenty negative control ani­ at least one monolayer (at least 75 cm3 recommended. Also, a cell line which mals shall each be inoculated with 0.5 to in area) of each of the following cells: produces only benign, nonproliferating 1.0 of the suspending medium. Sixty days (i) Vero African green monkey kid­ or regressing tumors in laboratory ani­ post-inoculation, the test animals shall ney cells, mals limited to the site of inoculation be necropsied. The inoculation site shall (ii) BHK2i baby hamster kidney ceUs, shall be considered satisfactory.' be examined microscopically. If there is (iii) Embryonic or neonatal bovine (2) Cell lines shall be considered un­ no evidence of proliferating cells at site kidney cells, satisfactory to prepare a biological prod­ of inoculation in the controls, the test (iv) Embryonic or neonatal kidney uct if evidence of oncogenicity or ma­ is valid. If proliferating cells are detected cells, of the species for which the biolog­ lignant tumorigenicity is demonstrated. at the inoculation site of any of the 20 ical product is intended (if not bovine or A cell line which produces a malignant cell-inoculated test animals in a valid hamster), and of progressively proliferating tumor shall test, the cell line is unsatisfactory. (v) Embryonic or neonatal kidney cells be unsatisfactory. (4) One of the test procedures pro­ of the species of origin of the cell line (if (3) One of the test procedures pro­ vided in this paragraph shall be used not bovine or ham ster). vided in this paragraph shall be used to to test the oncogenicity of the cell line. (iv) Neonatal-canine kidney cells, oftest the tumorigenicity of the cell line. No cell line shall be used to prepare a the species for which the biological prod­ No cell line shall be used which does not biological product if a 50 percent mix­ uct is intended (if not bovine or canine), pass one of these tests: Provided, That ture of the MCS and the highest passage and ' . ’ - - - . if the cell line is tested according to the to be used fails to meet the requirements (vi) Embryonic or neonatal kidney test procedure in subdivision (iii) of this in the test procedure used. cells of the species of origin of the cell subparagraph and meets the require­ (i) When conditioned laboratory ani­ line (if not bovine or canine). ments, the cell line may be used regard­ mals are used, the test shall be con­ (5) The monolayers of cells specified less of results obtained from other tests, ducted simultaneously with the tumori­ in subparagraph (4) of this paragraph but if it fails to meet these requirements, genicity test prescribed in subparagraph shall be examined regularly throughout the cell line shall not be used. (3) (i) of this paragraph. Common posi­ an additional period of at least 14 days (i) To condition laboratory animals, tive and negativë control animals shall for evidences of cytopathology attributa­ treat them with cortisone, or X-ray, or be used for both tests. At least 10® cells, ble to adventitious agents. At the conclu­ lymphocyte antiserum, or thymocyte disrupted by freeze-thaw cycles or min­ sion of the observation period, each antiserum, or a combination of these imal sonication, in 0.1 ml of medium shall monolayer of the specified cells shall be agents. Inoculate each animal by a suit­ be inoculated into each of at least 20 shown to be free of hemadsorbing agents able route with 103 viable cells suspended animals. Sixty days post-inoculation, all by methods provided in § 113.51(c)(2). into 0.1 ml o f medium so that at least 20 test animals shall be necropsied and (6) If specific cytopathology or hemad­ animals shall survive a post-inoculation the inoculation site examined microscop­ sorption attributable to adventitious period of 60 days. At least 10 positive ically. The test shall be valid if pro­ agents are found, the MCS is unsatisfac­ control animals shall be inoculated with gressively proliferating tumors are found tory. If adventitious agents are suspected a cell line known to be tumorigenic. At in approximately 50 percent of the posi­ because of cytopathology or hemadsorp­ least 10 negative control animals shall tive controls and no tumors or prolifer­ tion and cannot be eliminated as a possi­ be inoculated with new medium of the ating tumor cells are found at the site bility by additional testing, the MCS same formulation used to grow the cells. of inoculation in the negative controls. shall be regarded as unsatisfactory. The test is valid if progressively pro­ In a valid test, if proliferating tumor (e) Each MCS either derived from or liferating tumors are found in approxi­ cells are found at the inoculation site in intended for use in bovine species shall mately 50 percent of the positive con­ the test animals receiving the cell line, be shown to be free of BVD virus using trols and no tumors are found in the the cell line is unsatisfactory. the procedure provided in § 113.51(d). negative controls. In a valid test, if pro­ (ii) When unconditioned laboratory gressive tumors are found in test animals animals are used, each of at least 20 new­ (f) Each MCS shall be shown to be born hamsters and each of at least 20 free of other specified viruses using the inoculated with the cell line to be used for vaccine, the cell line is unsatisfac­ newborn mice shall be inoculated sub­ procedure provided in § 113.51(d), but cutaneously in the scapular region with substituting the antiviral fluorescein- tory. Microscopic examination shall be 0.1 ml o f a suspension containing 107 cells tagged antibody conjugate specific for required to establish any suspected tumor per ml which have been disrupted com­ each of the other specified viruses. The as benign. pletely by alternate freeze-thaw cycles viruses specified and the tests conducted (ii) When cheek pouch inoculation of or sonication. At least 20 negative will depend Upon the species from which unconditioned hamsters is used, 10* controls for each species shall be inocu­ the MCS tissues and additives of animal viable cells suspended in 0.1 ml of medium lated in the same manner as the test origin were obtained. When available, shall be inoculated into the cheek pouch animals with cell suspension medium reagents for the tests may be furnished of each test animal. At least 20 animals that has been treated in the same manner by Veterinary Services. Test conditions shall be used for the unknown cell line as the cell suspension. For a test to be or periods, or both, may be varied from and at least 20 positive controls shall be valid, a minimum of 20 hamsters and 20 those in § 113.51(d) if positive control inoculated with a cell line known to be mice shall survive a post-inoculation pe­ monolayers grown in known clean cells tumorigenic. After 60 days post-inocula­ riod of 6 months. All survivors shall be indicate fluorescence is enhanced in the tion, all test animals shall be necropsied necropsied. In a valid test, if any of the positive controls by so doing. and examined. The test shall be valid if survivors or any inoculated animals (g) Tumorigenicity and oncogenicity progressive tumors are found in 50 per­ which died earlier show a malignancy requirements. The MCS shall be shown cent or more of the positive controls. In related to the inoculum, the cell line is a valid test, if progressive tumors are unsatisfactory. to be free of tumorigenicity and onco­ found in test animals inoculated with genicity by methods provided in this the cell line to be used to prepare a bio­ (5) The MCS shall be shown to be of paragraph. The samples for testing shall logical product, the cell line is unsatis­ the same species of origin as that re­ consist of cells from a 50 percent mix­ factory. Microscopic examination shall be ported in § 113.52(a) (1) by the follow­ ture of the MCS and the highest passage required to establish that any sus­ ing method. The samples for testing shall used to prepare a biological product. pected tumor is benign. consist of at least four monolayers of

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29892 RULES AND REGULATIONS cells, each with an area at least as large (1) Serum of equine origin shall be A 1.0 ml sample of disrupted cells and as a 10.5 x 22 mm coverslip. The negative to the Coggins test for equine fluids shall be dispensed onto a mono- monolayers shall be grown to at least 80 infectious anemia antibodies. layer of Vero cells (green monkey) or percent confluency using media that does (2) Samples of the serum shall be other appropriate cells and observed for not contain any additives whose species tested in cells of the same animal origin an additional 14 days for virus effect. of origin match the species of origin of as the serum sample using cells found (7) One flask prepared as provided in the MCS. The monolayers shall then be satisfactory by appropriate tests in subparagraph (2) of this paragraph shall removed from their media, processed, either § 113.51 or § 113.52. The growth be maintained for 21 days and if the cells and stained in the following fashion. At medium shall contain 15 percent of the remain normal, they shall be subcultured least two monolayers shall be stained serum being tested. When subculturing, into Leighton tubes containing cover- with an antispecies fluorescein-tagged the serum under test shall also be used slips. Applicable fluorescent antibody antibody conjugate unrelated to the as the nutrient serum and the same tests shall be conducted on these cells species of origin of the MCS and with an medium and additives of animal origin when confluent. The specific conjugates antispecies fluorescence tagged ahti- shall be used. Monolayer cultures of test used shall include potential viral con­ body conjugate specific to the species cells equal to four 75 cm8 flasks (total taminants from the species from which of origin of the MCS. All monolayers area 300 cm2) shall be used for testing, the serum was obtained. shall then be examined for evidences Of and: the growth medium fo r the 300 cm2 (8) Each lot of serum of bovine origin specific fluorescence. shall be 100 ml. shall be additionally tested for the pres­ (i) If specific fluorescence is not found (3) One flask prepared as provided in ence o f adventitious BVD virus using in the monolayers stained with the con­ subparagraph (2) of this paragraph subcultures from the flask used in sub­ jugate specific to the species of origin shall be maintained for 28 days to ob-, paragraph (7) of this paragraph. of the MCS, the cell line is unsatisfactory serve for virus effects, such as cytopatho- (i) After two subcultures of not less and shall not be used for vaccine produc­ genic effect (CPE), vacuolization or giant than 5 days growth for each subculture, tion. cell formation. Between subculturings, a third subculture is seeded into at least (ii) If nonspecific fluorescence is found the growth medium may be changed to 10 Leighton tubes containing coverslips. in the monolayers stained with conju­ maintenance medium with a lower per­ When the cell layers are at least 80 per­ gate from an Tinrelated species of origin, centage of test serum. If no evidence of cent confluent, five tubes of cell cultures or other results make the test results viruses is observed, the flask shall be shall be inoculated with a known strain equivocal, the procedure shall be re­ stained with a suitable stain and ob­ of BVD virus as a positive control. peated until either specific fluorescence served for virus induced abnormalities, (ii) Five to seven days post-inocula­ is found only in the monolayers stained such as inclusion bodies. tion, all the coverslips shall be removed with conjugate specific to the species of (4) One flask prepared as provided in from the tubes, identified, processed, and origin of the MCS and not in the control subparagraph (2) of this paragraph stained with anti-BVD conjugate and monolayers, or, alternately, specific fluo­ shall be maintained for 28 days to ob­ examined for specific BVD fluorescence. rescence cannot be identified and the serve for hemadsorbing and hemaggluti- (iii) The bovine serum is satisfactory MCS is declared unsatisfactory. nating viruses. Subculturing the cells if at least four of the five inoculated cell (iii) Alternate tests to determine the may be done to maintain such cells cultures show fluorescence and none of species of origin of the MCS may be used throughout the required period. After 28 the five uninoculated cell cultures show if approved by Veterinary Services. days incubation, the maintenance me­ evidence of BVD specific fluorescence. § 113.53 Requirements for ingredients dium shall be decanted asepticahy into (iv) Specific fluorescence in cells from of animal origin. a sterile container and saved for the tubes of cell cultures not Inoculated with hemagglutination test in subparagraph BVD virus indicates adventitious BVD Each lot of ingredient of animal origin, virus contamination and the lot o f bovine which is not subjected to heat steriliza­ (5) of this paragraph. The cells shall be tested for hemadsorption as prescribed serum tested is unsatisfactory for vaccine tion, such as, but not limited to serum production. and albumin, used in the preparation of in § 113.51(c)(2). biological products shall be tested as (5) The hemagglutination test on the (3) If test results disclose the presence prescribed in this section. Each lot found medium saved, as provided in subpara­ of an adventitious agent, the material unsatisfactory shall not be used. graph- (4) of this paragraph, shall be being tested shall not be used as an (a) General requirements. conducted against human “O,” guinea ingredient for biological products. pig, and chicken erythrocytes respec­ (1) Mycoplasma contamination.— tively over at least 1: 2 through 1: 64 Effective date. This amendment takes Samples shall be tested for mycoplasma dilutions. Negative controls consisting of effect November 29,1973. in accordance with the test provided in uninoculated growth medium without § 113.28. test serum shall be run in parallel with Done at Washington, D.C., this 24th (2) Bacteria and fungi.—Samples shall this test. day o f October 1973. J. M. Hejl, be tested for bacteria and fungi in ac­ (6) One flask prepared as provided in cordance with the test provided in Acting Deputy Administrator, § 113.26. subparagraph (2) of this paragraph Veterinary Services, Animal (b) Nutrient serums shall be tested ac­ shall be maintained for 28 days. If the and Plant Health Inspection cording to the tests provided in this para­ cells have remained normal, they shall Service. graph. be disrupted by freezing and thawing. [PR Doc.73-22965 Filed 10-29-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29893 ■______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.

d epar tm en t o f agriculture California, and are effective under the ENVIRONMENTAL PROTECTION Agricultural Marketing Agreement Act AGENCY Agricultural Marketing Service o f 1937, as amended (7 U.S.C. 601-674). £40 CFR Part 5 2 ] { 7 CFR Part 987 ] - The free percentages, restricted per­ centages, and withholding factors, for APPROVAL AND PROMULGATION OF DOMESTIC DATES PRODUCED OR PACKED the 1973-74 crop year, applicable to mar­ STATE IMPLEMENTATION PLANS IN RIVERSIDE COUNTY, CALIF. ketable dates, are pursuant to §§ 987.44 Review of Indirect Sources Proposed Free and Restricted Percentages and 987.45. These percentages and fac­ and Withholding Factors for 1973-74 tors are based on the California Date On June 18, 1973 (38 FR 15834), the Crop Year Administrative Committee’s estimates of Administrator of the Environmental Protection Agency (EPA) promulgated Notice is- hereby given of a proposal supply and trade demand adjusted for handler carryover. Trade demand means amendments to 40 CFR Part 51, Re­ to establish, for the 1973-74 crop year, quirements for Preparation, Adoption, free and restricted percentages and with­ the aggregate quantity of whole or pitted dates which the trade will acquire from and Submittal of State Implementation holding factors of. 100 percent, 0 percent, Plans, under section 110 of the Clean and 0 percent, respectively, applicable all handlers during the crop year for distribution in the continental United Air Act, as amended. Those amendments to marketable Deglet Noor, Zahidi, Ha­ were designed primarily to provide for lawy, and Khadrawy dates. That crop States, Canada, and such other countries as the Committee finds will acquire dates long-term maintenance of the national year began October 1,1973. The proposed ambient air quality standards. Among percentages and withholding factors at prices reasonably comparable with prices received from the continental other requirements, States were directed would be established in accordance with to expand their present procedures for the provisions of the marketing agree­ United States. - In determining the percentages, for review of. buildings or other facilities ment, as amended, and Order No. 987, prior to construction or modification in as amended (7 CFR Part 987). The each of the four varieties, the Commit­ tee considered the following data and order to include consideration of the air amended marketing agreement and order quality impact not only of pollutants regulate the handling of domestic dates estimates for the crop year beginning emitted directly from stationary sources, produced or packed in Riverside County, October 1, 1973: but also of pollution arising from mo­ bile source activity associated with such Deglet Noor Zahidi Halawy Khadrawy buildings or facilities (termed indirect sou rces). Pursuant to an order of the U.S. Court 1. Production of marketable dates (1973-74 crop)______i 31,960 1,656 153 522 2. Plus: Noncertified handler carryover as of September 30, of Appeals for the District of Columbia 1973, of marketable dates______:__: 347 66 16 69 Circuit in the case of Natural Resources 3. Total marketable supply______32,307 1,722 169 591 4. Trade demand for free whole and pitted dates (continen­ Defense Council, Inc. et al v. EPA, 475 tal United States and Canada);------. . ------; 17,500 1,600 150 450 F. 2d 968 (D.C. Cir. 1973) entered on 6. Plus: Desirable handler carryover as of September 30, 1974, to assure date supplies for early dem an d..._____ ; 8,500 500 75 225 January 31,1973, and modified March 12 6. Less: Certified handler carryover as of September 30, and July 27, 1973, States were required 1973, of free dates______!______585 4 4 34 to submit plan revisions to comply with 7. Need for free dates______25,415 2,096 221 641 the new requirements involving indi­ rect source review by August 15,1973 (38 With respect to dates of the Deglet factors applicable to marketable dates of FR 12920). Thus far, EPA has received Noor variety, it is expected that a strong each variety shall be, for the crop year plan revisions from Alabama, Florida, overseas demand, and grade and size beginning October 1, 1973, and ending Puerto Rico, Guam, Maine, New York, regulations effective during the 1973-74 September 30,1974, as follows: (a) Deglet and Oregon; they will be made available crop year, will cause a portion of the for public comment before EPA acts to total marketable supply to be exported Noor variety dates: Free percentage, 100 approve or disapprove them. Since EPA or sold in the form of products. This percent; restricted percentage, 0 percent; will not take action on these revisions quantity is expected to exceed the ap­ and "withholding factor, 0 percent; (b) until the 30-day public comment period parent excess o f 6.9 m illion pounds. Zahidi variety dates: Free percentage, has expired, and since the Court order All persons who desire to file written 100 percent; restricted percentage, 0 per­ requires the Administrator to approve data, views, or arguments in connection cent; and withholding factor, 0 percent; or disapprove such plan revisions by with the aforesaid proposal should file October 15, 1973, the disapproval o f all the same in quadruplicate/ with the (c) Halawy variety dates: Free percent­ State implementation plans with respect Hearing Clerk, U.S. Department of Agri­ age, 100 percent; restricted percentage, to maintenance of the national stand­ culture, Room 112, Administration Build­ ards, as published March 8, 1973 (38 FR ing, Washington, D.C. 20250, to be re­ 0 percent; and withholding factor, 0 per­ 6279), and amended May 17, 1973 (38 ceived not later than November 10,1973. cent; (d) Khadrawy variety dates: Free FR 12920), remains in effect. All written submissions made pursuant percentage, 100 percent; restricted per­ The Court further requires the Ad­ to this notice will be available for public ministrator to promulgate regulations by inspection at the office o f the Hearing centage, 0 percent; and withholding fac­ Clerk during regular hours of business tor, 0 percent. December 15, 1973, where a State fails <7 CFR 1.27 (b )). ' to submit indirect source review regula­ The proposal is as follows: _ j Dated October 24,1973. tions or the regulations submitted are § 987.221 Free and restricted percent­ C h a r l e s R. B r a d e r , unapprovable. The Administrator is now ages and withholding factors. Acting Director, proposing such regulations. Basted on a Fruit and Vegetable Division. The various free percentages, re­ preliminary review of the plan revisions stricted percentages, and withholding [FR Doc.73-23093 Filed 10-29-73:8:45 am] submitted to date, the Administrator has

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 No. 208—Pt. I- 29894 PROPOSED RULES determined that the regulations submit­ primarily in cases where the additional Toward this end, parking supply man­ ted by Alabama, Florida, and Guam ap­ emissions resulting from an indirect agement regulations -will be included in pear to satisfy the requirements of 40 source are significant in relation to exist­ many of the transportation control plans. CFR Part 51: Accordingly, the regula­ ing area-wide emissions. Accordingly, To the extent that transportation con­ tions proposed below would not be appli­ this technique is considered most appro­ trol plans do not include such regula­ cable to these three States unless further priate for analyzing the air quality im­ tions, they will be included in final regu­ review should reveal deficiencies in their pact of airports, including associated lations for indirect source review and submittals. Preliminary indications are commercial and industrial growth, and they generally will be more comprehen­ that a number of other States will be major highway projects. Depending on sive than this proposal, in terms of the submitting plans prior to December 15, the existing emissions in the area under facility sizes which will be subject to 1973, which may, in these, cases, elimi­ consideration and the size of the area, review. nate the need to promulgate the regula­ the proportional model may still yield The preceding factors indicate why an tions proposed below. Should any State inconclusive results and thus may not be individual State may find it desirable to submit plan revisions for indirect source applicable in all situations. As improved develop regulations which differ from review which are approvable after De­ analytical techniques become available, those proposed below, and why a State cember 15, 1973, the Administrator will the types of analyses specified below should make every effort to submit its revoke his promulgation. should be augmented or replaced by such own indirect source review regulations The regulations proposed below pro­ techniques. designed to fit into its strategy for long­ vide that the review procedures will be The regulations proposed below include term maintenance o f air quality stand­ carried out by State or local agencies criteria for determining which sources ards. States may also wish to broaden designated by the Governor. It is recog­ will be subject to the review procedures. such review to consider other environ­ nized that many States do not yet have These criteria are based on the follow­ mental or social considerations. adequate legal authority to approve or ing parameters: For roads and high­ It is the Administrator’s intent to hold disapprove construction or modification ways, the expected traffic volume; for hearings on these proposed regulations of indirect sources. EPA regulations in airports, the number of aircraft opera­ in each State where no State hearing has 40 CFR 52.02(d), published May 31,1972, tions by regularly scheduled air carriers; previously been held on this subject. (37 FR 10842) provide that any regula­ and for other indirect sources, the size These hearings will be held no sooner tory provisions of a State implementa­ of the parking facility or the number of than November 29, 1973. The time and tion plan approved or promulgated by induced vehicle trips. Although other in­ location of such hearings will be an­ EPA are enforceable by EPA and the dicators of induced mobile source activity nounced in a subsequent Federal R egis­ State and by local agencies in accordance could be used, thesie parameters are con­ ter. with their assigned responsibilities under sidered to be most directly related to the Interested persons may also partici­ the State plan. Thus, these proposed reg­ air pollution potential of these sources. pate in this rule making by submitting ulations would be enforceable by State The size of a source which, under the written comments in triplicate to the ap­ local agencies designated by a Governor proposed regulations, would be exempt propriate Regional Administrator. All to be responsible for indirect source re­ from review varies, depending on whether comments received by November 29,1973 view. Since the decisions which will have it is located in an area where there may will be considered. Receipt o f comments to be made .pursuant to these proposed be a potential for exceeding a national will be acknowledged, but the Regional regulations are pertinent to local situa­ ambient air quality standard within the Alministrators will not provide sub­ tions, the Administrator encourages and next 10 years. The Administrator con­ stantive responses to individual com­ strongly supports the exercise of this au­ siders it necessary to devote more at­ ments. All comments will be available for thority at the State and local level. Where tention to such areas by reviewing public inspection during normal busi­ States are unwilling or unable to imple­ smaller sources than are reviewed in ness hours at each Regional Office and at ment these procedures, however, it will non-problem areas. A list of these areas the Freedom of Information Center, EPA, be necessary for EPA to assume the re­ will be published by the Administrator Room 329, 401 M Street SW., Washing­ sponsibility. States are particularly in­ by June 18, 1974, in accordance with the ton, D.C. 20460. vited to indicate, in their comments on June 18,1973, amendments (38 FR 15834) Following consideration of public com­ these proposed regulations, whether they to 40 CFR Part 51. Until this list becomes ments, these regulations, with any mod­ can and will implement these regula­ available, all Standard Metropolitan Sta­ ifications which may be appropriate, are tions. It should be noted that these pro­ tistical Areas will, for the purposes of to be promulgated by December 15, 1973, posed regulations do not in any way af­ this regulation, be considered to have a fect previously approved or promulgated potential for exceeding the national pursuant to the order of the Court of regulations applicable to review of sta­ Appeals. The regulations will be effective standards. 180 days after promulgation. This defer­ tionary sources. The regulations pro­ The size of an indirect source subject to posed below specify the use of various ral o f the effective date is considered review has been determined in a nation­ necessary to give State and local agencies analytical techniques which are consid­ wide context and therefore does not nec­ ered reasonable and appropriate for de­ an adequate opportunity to make prep­ essarily reflect special local conditions arations for implementing the proce­ termining the impact of an indirect which may cause more comprehensive source on air quality. The type of analy­ review procedures to be desirable. The dures prescribed by these proposed regu­ sis specified varies with types of indirect lations. Since the proposed regulations Administrator strongly encourages States are intended primarily to ensure long­ sources and is dependent on the capabili­ to analyze their own local situations con­ ties and limitations of existing analytical term maintenance of the national ambi­ cerning the desirability of reviewing ent air quality standards, and since the techniques. smaller sources than those specified be­ For example, analysis of carbon mon­ Clean Air Act emphasizes that it is State low. In this regard, States which have and local governments that have the pri­ oxide emissions, using a diffusion model, submitted plans or are in the process of is considered appropriate for analyzing mary responsibility for developing and adopting plans for indirect source review carrying out implementation plans, this the air quality impact of roads, high­ should not construe the regulations pro­ ways, and parking areas. Existing diffu­ deferral of the effective date is consid­ posed below as being optimal for all situ­ ered consistent with the purposes of the sion modeling techniques do not permit ations. Act. such an analysis of the impact of hydro­ It is particularly important that States This notice of proposed rule making is carbon or nitrogen oxides emissions. The and other interested parties recognize that much more comprehensive require­ issued under the authority of section impact of these pollutants is most ade­ 110(c) o f the Clean Air Act, as amended quately evaluated on an area-wide basis, ments are necessary in areas where transportation control measures will be [42U.S.C. 1857c-5(c)3. using the proportional modeling tech­ needed to meet national ambient air Dated: October 25, 1973. nique previously utilized for demonstrat­ quality standards. In such areas, pre­ ing the adequacy of control strategies. construction review of even relatively R ussell E. T rain, This technique yields meaningful results small indirect sources clearly is justified. Administrator.

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 PROPOSED RULES 29895

(vi) The term “modification” means (a) New road or highway: 20,000 or It is proposed to amend Part 52 of more vehicles per day. Chapter I, Title 40 of the Code of Fed­ any physical change to an indirect source which increases or may increase the (b) Modified road or highway: In­ eral Regulations as follows: crease o f 10,000 vehicles per day or more In § 52.22» the first paragraph is des­ mobile source activity associated with such indirect source. over existing traffic volume on such road ignated as paragraph (a) and paragraph or highway . (b) is added. As amended, § 52.22 reads (vii) The term “Standard Metropoli­ tan Statistical Area” means such areas (iv) Any airport with the following as follows: as designated by the U.S. Bureau of the ,, expected aircraft operations within ten § 52.22 Maintenance o f national stand­ Budget in the following publication: years of construction or modification: ards. “Standard Metropolitan Statistical (a) New airports: 50,000 or more op­ (a) Subsequent to January 31, 1973, Areas,” issued in 1967, with subsequent erations per year by regularly scheduled the Administrator reviewed again State amendments. air carriers. implementation plan provisions for in­ (viii) The term “designated area” (b) Modified airport: Increase of 50,- suring the maintenance of the national means any area designated pursuant to 000 operations per year by regularly standards. The review indicates that § 51.12(f) of this chapter as having the scheduled air carriers over the existing State plans generally do not contain potential for - exceeding any national volume of operations. regulations or procedures which ade­ standard within the subsequent 10 year (v) Where an indirect source is con­ quately address this problem. Accord­ period. structed or modified in increments which ingly, all State plans are disapproved (ix) The term “area-wide air quality individually are not subject to review with respect to maintenance because analysis” means a macroscale analysis under this paragraph, all such incre­ such plans lack enforceable procedures utilizing the techniques specified in ments occurring since the effective date or regulations for reviewing and pre-. § 51.14(c) of this chapter. of this regulation shall be added to­ venting construction or m odification of (x) The term “commenced” means gether for determining the applicability facilities which will result in an increase that an owner or operator has under­ of this paragraph. of emissions from other sources of pol­ taken a continuous program of construc­ (vi) Until the Administrator disig- lutants for which there are national tion or modification or that a binding nates, pursuant to § 51.12(f) of this standards. The disapproval applies to general construction contract has been chapter, areas which may have the po­ all States listed in Subparts B through entered into which obligates one party tential for exceeding a national stand­ DDD of this. part. Nothing in* this sec­ to such contract to perform the physical ard within the subsequent 10-year pe­ tion shall invalidate or otherwise affect work involved in such program of con­ riod, “Standard Metropolitan Statistical the obligations of States, emission struction or modification. Area” shall be used in place of “desig­ sources, or other persons with respect to (2) The requirements of this para­nated area” for the purposes of this all portions of plans approved or promul­ graph are made part of Subparts B paragraph. gated under this part. Pursuant to an through DDD, except Subparts B, K, and (3) No owner or operator of an indi­ order of the U.S. Court of Appeals for AAA, and are applicable to the following rect source subject to this paragraph the District of Columbia Circuit entered indirect sources, the construction or shall commence construction or modifi­ on January 31, 1973, and modified on modification of which is commenced cation of such source after the effective March 12, 1973, State plans providing after the effective date of this para­ date of this paragraph without first ob­ for maintenance of the national stand­ graph: taining approval from the Director. Ap­ ards must be submitted to the Admin­ (i) Any indirect source which is lo­ plication for approval to construct or istrator no later than August 15, 1973. cated in a designated area and which: modify shall be by means prescribed by (b) Regulation, for review of new or (a) Is a new parking lot or garage the Director, and shall include but not modified indirect sources. (1) AH terms with a parking capacity of 1,000 cars or be limited to the following information: used in this paragraph but not specifi­ more, or has a new associated parking (i) For airports, a description of aver­ cally defined below shall have the mean­ area with a parking capacity o f 1,000 age and maximum number of aircraft ing given them in § 52.01 o f this chapter. cars or more; or operations per day by type of aircraft. (i) The term “indirect source” means (b) Is a parking lot or garage being The description shall also include new a facility, building, structure, or instal­ modified to increase parking capacity by commercial, industrial, and transporta­ lation, or com bination thereof, which more than 500 cars, or has an associated tion-related development expected to causes or may cause mobile source ac­ parking area being modified to increase occur within three miles of the airport tivity that results in emissions o f a pol­ parking capacity by more than 500 cars; for the 10-year period following con­ lutant for which there is a national or struction or modification, (ii) For roads standard. Such indirect sources shall in­ (e) Induces 1,000 or more vehicle trips and highways, a description of the aver­ clude, but not be limited to : in any one-hour period or 5,000 or more age and maximum traffic volume for one, (a) Highways and roads. vehicle trips in any eight-hour period. eight and 24-hour time periods expected (b) Parking lots and garages. (ii) Any indirect source located out­ within 10 years of construction or modi­ (c) Shopping centers. side a designated area which: fication. Such description shall include (d) Recreational centers and amuse­ (a) Is a new parking lot or garage an estimate of vehicle speeds for average ment parks. with a parking capacity of 2,000 cars or and mayimiim traffic volume conditions. (e) Sports stadiums. more, or has a new associated parking (iii) For indirect sources other than (/) Airports. area with a parking capacity of 2,000 airports and highways, a description of (p) Commercial or industrial devel­ cars or more; or the location and design of such source, opments. (b) Is a parking lot or garage being including its relation to surrounding (ii) The term “vehicle trip” means a modified to increase parking capacity by roadways and highways and an estimate single movement by a m otor vehicle more than 1,000 cars, or has an associ­ of the average and maximum number of which originates or terminates at an ated parking area being modified to in­ vehicle trips generated by such indirect indirect source. crease parking capacity by more than source for one and eight-hour time (iii) The term “Director” means the 1,000 cars; periods. director o f the State or local agency (c) Induces 2,000 or more vehicle (iv) Upon request of the Director, the designated by the Governor of the State trips in any one-hour period or 10,000 or owner or operator shall also provide: to carry out this paragraph. more vehicle trips in any eight-hour (a) Estimates of the effect of the con­ (iv) The term “associated parking period. struction or modification of the indirect . area” means a parking lot or garage (iii) Any road or highway located in a source on traffic patterns and flow in the owned and/or operated in conjunction designated area with following antici­ vicinity of the source. with an indirect source. pated average annual daily traffic vol­ (b) Measured or estimated air quality (v) The term “aircraft operation" umes within, ten years of construction or data at the site of the indirect source means an aircraft take-off or landing. modification: prior to construction or modification.

FEDERAL REGISTER, VOL. 38, N O . 208— TUESDAY, OCTOBER 30, 1973 29896 PROPOSED RULES

(e) An estimate of air quality after paragraph (b) (4) (ii) of this section Federal regulations which are part of the construction or modification of the indi­ shall be made as follows: applicable plans. rect source. (i) All emissions from stationary and (11) The Governor of the State shall (d) An estimate of the effect of the mobile sources at the airport, along with designate the State or local agency which construction or modification of the indi­ emissions from all new commercial, in­ will carry out this regulation in each rect source on total vehicle miles of dustrial, and transportation-related area o f the State within 30 days from travel (VMT) -and additional residential, development expected to occur within the date of final promulgation. The Gov­ commercial and industrial development three miles of the airport, shall be added ernor shall notify the Administrator which may occur as a result of such con­ together in order to determine the ag­ which agency or agencies he has desig­ struction or modification. gregate impact on air quality. nated through the appropriate Regional (e) Any additional information, plans, (ii) An area-wide quality analysis Administrator. Where the agency desig­ specifications, evidence or documenta­ shall be used to determine the expected nated is not an air pollution control tion that the Director may require. ambient concentrations of carbon agency, such agency shall consult with (4) (i) No approval to construct or monoxide, photochemical oxidants, and th§ appropriate State or local air pollu­ modify shall be granted unless the appli­ nitrogen oxides following construction tion control agency prior to making any cant shows that : or modification. determination required by paragraph (b) (a) The indirect source will not cause (7) For indirect sources other than (4) of this section. a violation of the control strategy which roads and airports, the determination re­ [FR Doc.73-23174 Filed 10-29-73;8:45 am] is part of the applicable plan, and quired under paragraph (b) (4) (ii) of (b) The indirect source will not pre­ this section shall be made using an vent or interfere with the attainment appropriate diffusion model to evaluate FEDERAL POWER COMMISSION or maintenance of a national ambient the impact of carbon monoxide emis­ [1 8 CFR Part 141] air quality standard. sions resulting from expected maximum [Docket No. R-432-(A) etc.] (ii) In connection with the determina­ vehicle trips to or from such source. Such tion required by paragraph (b) (4) (i) of impact shall be evaluated at reasonable MONTHLY REPORT OF COST AND this section, the showing required of the receptor or exposure sites in the vicinity QUALITY OF FUELS applicant shall be limited to the impact of such indirect source. Amended Notice of Staff Conference on air quality from the indirect source (8) Within 30 days after receipt of an October 23, 1973. proposed to be constructed or modified, application, the Director will notify the and shall reflect consideration of exist­ public, by prominent advertisement in Monthly Report of Cost and Quality ing emissions from other sources. It shall the region affected, of the opportunity of Fuels for Electrify Plants, Docket No. be the responsibility of the Director to for public comment on the information R-432-(A); and Report of Cost and determine the impact on air quality of submitted by the owner or operator. Quality of Fuels for Nuclear Plants, future growth and development or other Docket No. RM 74-1; and Monthly Report factors affecting emissions and air qual­ (i) Such information, as well as the of Fuel Storage Capacity and Fuel Stor­ ity over which the applicant has no Director’s analysis of the effect of the in­ age, Docket No. RM74-2. control. direct source on air quality and the On July 19, 1973, the Commission is­ (iii) The Director shall, prior to mak­ Director’s proposed approval or disap­ sued its notice of proposed rulemaking ing any determination not to approve the proval, shall be available in at least one in Docket Nos. R -4 32 -(A ) and RM74-1. construction or modification of an indi­ location in the region affected. Docket No. R-432-(A) proposes t

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 PROPOSED RULES 29897

Room A, at 825 North Capitol Street (a)—forward observer’s seat, provided Federal Railroad Administration Northeast, Washington, D.C. that if the forward observer’s seat is not [ 49 CFR Part 231 ] installed, a forward passenger seat with K enneth P. Plumb, [Docket No. SA—2; Notice No. 2] Secretary. appropriate communications equipment nearby is provided for use by the Ad­ LOCOMOTIVES USED IN SWITCHING [PR Doc.73-23053 Filed 10-29-73;8:45 am] ministrator while conducting en route SERVICE; RAILROAD SAFETY APPLI­ inspections. ANCE STANDARDS DEPARTMENT OF Amendment 135-23 was adopted in re­ Rescheduled Hearing, Extension of Com­ TRANSPORTATION sponse to the petitions of a number of ment Period, and Amendment of Pro­ air taxi operators who asserted that posed Rule Federal Aviation Administration compliance with certain equipment re­ On October 2, 1973, the Federal R ail­ [ 14 CFR Part 135 ] quirements would be uniquely difficult as to certain airplanes being operated. The road Administration (FRA) published a [Docket No. 12768; Notice 73-27] FAA determined that, because of antic­ notice of proposed rulemaking at 38 FR AIR TAXI OPERATIONS WITH CERTAIN ipated difficulties in achieving compli­ 27302 stating that it was considering an TURBOJET POWERED AIRPLANES ance,- operators of the airplanes specified amendment to Part 231, Railroad Safety Appliance Standards, to prescribe safety Proposed Extension of Compliance Date in § 135.2(e) should be given until No­ vember 15, 1973, to achieve com pliance appliance standards for locomotives en­ The Federal Aviation Administration with those provisions of Part 121 listed in gaged in switching service. The notice set is considering amending § 135.2(e) of the § 135.2(e). this matter for hearing on November 1, Federal Aviation Regulations to extend The National Air Transportation Con­ 1973 and established an October 31, 1973 the compliance date as to certain Part ferences, Inc. (NATO, and Executive deadline for filing of written comments. 121 equipment requirements applicable Air Fleet Corporation have now peti­ FRA has received several requests for to Part 135 certificate holders operating tioned the FAA to amend § 135.2(e) by postponement of the hearing and exten­ turbojet powered airplanes having max­ deleting the phrase “until November 15, sion of time in which to file comments imum certificated takeoff weights over 1973” or, in the alternative, NATC re­ and has decided- to grant these requests. 12,500 pounds but under 27,000 pounds, quests that the compliance date be ex­ The public hearing has been rescheduled and used only for planeload charter tended for another three years. In sup­ to commence at 10:00 a.m. on January 8, flights. port of its petition, NATC asserts that 1974 in Room 6332, Nassif Building, 400 Interested persons are invited to par­ the same conditions which justified the Seventh Street, SW., Washington, D.C. ticipate in the making of the proposed adoption by the FAA of § 135.2(e) in and the deadline for filing of written rule by submitting such written data, 1970 still exist, and that there is no evi­ comments has been extended to Decem­ views, or arguments as they may desire. dence that safety is derogated by this ber 31, 1973. Any person who wishes to Communications should identify the reg­ provision. Executive Air Fleet Corpora­ make an oral statement at the hearing ulatory docket or notice number and be tion asserts that the provisions of Part should notify the Docket Clerk, Office submitted in duplicate to: Federal Avia­ 121 listed in § 135.2(e) should not be of the Chief Counsel, Federal Railroad tion Administration, Office of the Chief applied to business jet aircraft because Administration, 400 Seventh Street, SW., Counsel, Attention: Rules Docket, AG C- of: (1) The small size of the aircraft; W ashington, D.C. 20590, before Janu­ 24, 800 Independence Avenue SW., (2) the small passenger load (presently ary 1, 1974, stating the amount of time Washington, D.C. 20591. All communica­ averaging about four persons per flight); required for his initial statement. tions received on or before December 14, (3) the limited useful load capacity of Amendments to proposed rule. FRA 1973, will be considered by the Adminis­ business jets; (4) the more narrow has received numerous inquiries as to trator before taking action on the pro­ weight and balance envelope; and (5) whether horizontal end handholds are posed rule. The proposal contained in the lack of evidence that safety has been required on locomotives used in switch­ this notice may be changed in the light compromised by § 135.2(e). ing service. The rule proposed in the pre­ of comments received. All comments sub­ In light of the information provided vious notice did not mention this safety mitted will be available, both before and by the petitioners and additional infor­ appliance. FRA believes that end hand­ after the closing date for comments, in mation provided by other operators of the holds are necessary for the safety of per­ the Rules Docket for examination by in­ subject aircraft, the FAA has determined sons coupling and uncoupling cars from terested persons. that further study of the matter is nec­ the locomotive and is, therefore, amend­ On September 8, 1969, the FAA essary and believes that an extension of ing the rule proposed in the initial notice »adopted Amendment 135-9, which was the compliance date for one year would by adding paragraph (g) prescribing re­ published in the F ederal R egister on be sufficient for this purpose. quirements for horizontal end handholds. September 16, 1969 (34 FR 14423), and In order to provide an adequate period FRA is also adding a new paragraph (h) became effective November 15,1969. That of time for public comment in response to require that locomotives used in amendment required Part 135 certificate to this notice, the FAA has amended switching service otherwise conform as holders to conduct their operations with § 135.2(e) to extend the compliance date closely as practicable to the requirements large aircraft in com pliance with the from November 15, 1973, to January 1, of §231.16. Part 121 rules applicable to supplemental 1974. In addition, an error in the text of air carriers (§ 135.2(a)). § 231.30(c) has been corrected by substi­ On December 1,1970, the FAA adopted These amendments are proposed under tuting “vertical” for the word “lateral” Amendment 135-23 which added para­ sections 313(a), 601, and 604 o f the Fed­ which appeared in the previous notice. graph (e) to § 135.2. Section 135.2(e) eral Aviation Act o f 1958 (49 U.S.C. Since a final rule will not be issued Provided that operators o f turbojet pow­ 1354(a), 1421, and 1424) and section and become effective before December 31, 6(c) of the Department of Transporta­ 1973, the dates in § 231.30(a) (1) and ered airplanes with maximum certifi­ tion Act (49 U.S.C. 1655(0). cated takeoff weights of over 12,500 § 231.30(d) (1) have been changed to De­ In consideration of the foregoing, it cember 31, 1974. pounds but under 27,000 pounds, with is proposed to amend § 135.2(e) of the This notice is issued under the author­ Passenger-carrying capacities of not Federal Aviation Regulations by deleting ity of the Safety Appliance Acts (secs. 2, more than 12 persons, used only in plane­ the phrase “January 1, 1974” and sub­ 4 and 6, 27 Stat. 531, as amended, secs. load charter flights, need not comply stituting the phrase “November 15, 1 and 3, 32 Stat. 943, as amended, secs. until November 15, 1973, with §§ 121.313 1974” therefor. 1-6, 36 Stat. 298-299, as amended, sec. (f)—a lockable door between the pilot Issued in Washington, D.C., on Octo­ 6 (e) and ( f ) , 80 Stat. 939; (45 U.S.C. 2, and passenger compartments; 121.343 ber 19, 1973. 4, 6, 8, 10, 11-16, 49 U.S.C. 1655)). (a)—flight recorder; 121.359— cockpit C. R. M elttgin, Jr., Issued in Washington, D.C. on Octo­ voice recorder; 121.587— closing and Acting Director, ber 29, 1973. locking of door between the pilot and Flight Standards Service. D onald W. B ennett, Passenger compartments; and 121.581 [FR Doc.73-22981 Filed 19-29-73;8:45 am] Chief Counsel.

FEDERAL REGISTER, V O L 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29898 PROPOSED RULES

1. It Is proposed to amend Part 231 (2) Dimensions. Each switching step (e) Vertical handholds. Each switch­ by adding a new § 231.30 as follows: must have: ing step must be provided with two (2) § 231.30 Locomotives used in switching (i) A minimum width of twenty-four vertical handholds or handrails. Each service. (24) inches. handhold or handrail must have not less (ii) A minimum depth of tread of ten than four (4) inches or clear, usable (a) General requirements. (10) inches. hand clearance beginning not less than (1) Each locomotive (except steam) (iii) A minimum height of back stop twenty-four (24) nor more than thirty used in switching service which is built of four (4) inches above the tread (30) inches above the tread surface, and after December 31, 1974 must be surface. extending upward a distance of not less equipped as provided in this section. (iv) A height of not more than fifteen than thirty-six (36) inches. (2) After December 31, 1976, each lo­ (15) inches or less than twelve (12). (f) Uncoupling mechanisms. Each comotive (except steam) used in switch­ inches measured freon the top of the rail locomotive (except steam) used in ing service, which was built before Janu­ to the top of the tread surface. switching service must have means for ary I, 1975, must be equipped as pro­ (3) Location. Switching steps must be operating the uncoupling mechanism in vided in this section. located at each comer of locomotives safety from switching step, ground level, (3) Each steam locomotive used in used in switching service. The bottom and end platform. No part of the un­ switching service must be equipped as is step of the stairways at these locations coupling mechanism may extend into provided in § 231.16. may also serve as a switching step pro­ the switching step or stairway opening (4) Before (90 days after effective vided it meets all the requirements of or into the end platform area when the date) each railroad that is in operation this section. mechanism is in its normal position or on (the effective date) and has in service (4) Manner of application. when it is operated. locomotives to which this section applies (i) Switching steps must be supported (g) Horizontal end handholds shall submit to the Federal Railroad Ad­ by a bracket at each end and fastened to (1) Each locom otive (except steam) ministrator for approval three copies of the brack by two bolts of at least one used in switching service must have four a program to bring all those locomotives half ( Vz) inch diameter or by a weldment (4) horizontal end handholds. (except steam) into compliance with this of at least twice the strength of a bolted (2) Dimensions. Each horizontal end section by January 1, 1977. Each rail­ attachment. handhold must have a minimum: road that commences operations after (ii) Vertical clearance over the full (i) Diameter of five-eighths (%) of an (the effective date) shall submit three depth of the tread surface of the switch­ inch. _ copies of such a program to the Federal ing step must be unobstructed and free (ii) Clear length of fourteen (14) Railroad Administrator for approval at for use for a vertical distance of not less inches. least 90 days prior to the date on which than seven (7) feet. (iii) Clearance of two (2) inches. It commences operations. (5) Material. (3) Location. Two (2) horizontal end (b ) Definitions. (i) Steel anti-skid, safety design, hav­ handholds must be placed on-each end (1) Switching service means the clas­ ing not less than fifty percent (50%) of a locomotive, one near each side. Each sification of cars according to com­ of the tread surface as open space. handhold must be not less than thirty modity and destination; the assembling (ii) When the step material creates a (30) nor more than thirty-six (36) inches of cars for train movements; changing second level safety tread surface, the above the top of the rail. The outer end the position of cars for purposes of load­ maximum difference in surface levels of each handhold may not be more than ing, unloading, and weighing; the plac­ may not exceed three-eighths (%) of sixteen (16) inches from the nearer side ing of locomotives and cars for repair an inch. of the locomotive. and storage; and the moving of rail (iii) The safety tread surface shall be (4) Manner of application. Horizontal equipment in connection with work serv­ not more than one-half (%) inch from end handholds must be securely fastened ice not constituting a road movement. the edge of the step. (2) The safety tread surface is that to the locomotive with one-half inch or (d) End footboards and pilot stepslarger bolts or rivets. portion of nonskid surface of a switching prohibited. step that actually contacts shoe or boot. (1) Each locomotive (except steam) (5) Material. Horizontal end hand­ (3) The uncoupling mechanism is the used in switching service which is built holds must be wrought iron or steel. arrangement for operating the coupler after December 31, 1974, may not be (h) Except as provided in this section, lock lift, including the uncoupling lever equipped with end footboards and pilot locomotives (except steam) used in and all other appurtenances that facili­ steps. switching service must be equipped with tate operation o f the coupler. (2) After December 31, 1976, each (c) Switching steps. safety appliances which conform as locomotive (except steam) used in closely as practicable to the requirements (1) Humber. Each locomotive used in switching service which was built before switching service must have four (4) January 1, 1975, may not be equipped o f § 231.16. switching steps. with end footboards and pilot steps. [ FR Doc.73-23272 Filed 10-29-73; 12:34 pm]

FEDERAL REGISTER, V O L 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29899 Notices

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

DEPARTMENT OF STATE 10:10 Break. tation” immediately before the listing of 10:20 Inventory Control Systems. the eligible sites: [Public Notice 403] 10:55 Financial Management. All Federal agencies should take cog­ CAMERON COUNTY 11:30 Adjournment. nizance of the sites included in the Na- Notice of Application for a Presidential Stanley L. R oberts, tional Registry of Natural Landmarks to Permit for a Bridge Near San Benito, Colonel, USAF Chief, Legisla­ fulfill the intent of section 102 of the Na­ Texas tive Division, Office of The tional Environmental Policy Act of 1969 Judge Advocate General. (83 Stat. 852 (42 U.S.C. 4332)). The Department of State has received an application dated October 17, 1973, [FR Doc.73-23057 Filed 10-29-73:8:45 am] Dated: October 24,1973. from the San Benito International Joseph C. R umberg, Jr. Bridge Company at San Benito, Texas, Department of the Navy Assistant Director, for a permit to construct a highway National Park Service. bridge between the unincorporated areas CHIEF OF NAVAL OPERATIONS EXECU­ of Los Indios, Texas, and Soliceno, TIVE PANEL ADVISORY COMMITTEE [FR Doc.73-23008 Filed 10-29-73:8:45 am] Tamaulipas, M exico. Under the terms of Notice of Meetings a contract with the bridge company, Pursuant to the provisions of the Fed­ Office of the Secretary upon completion the bridge will become eral Advisory Committee Act (Pub. L. 92- [INT DES 73-64] the property of Cameron County and the 436 (1972)), notice is hereby given that Republic of M exico which will operate, PEABODY COAL COMPANY’S BIG SKY the Chief of Naval Operations Executive MINE, ROSEBUD COUNTY, MONT. maintain and set a schedule of tolls for Panel Advisory Committee will hold the bridge. closed meetings on November 15 and 16, Strip Mining Proposal Notice is hereby given pursuant to sec­ 1973, at Headquarters, Commander-in- Pursuant to section 102(2) (C) of the tion 2(a) of Executive Order 11423 of Chief, United States Naval Forces, Eu­ National Environmental Policy Act of August 16, 1968, that copies o f this ap­ rope, London, England. The meetings 1969, the Department of the Interior has plication are available to the public will commence at 9:00 a.m. and are prepared a draft environmental impact from the Bureau of Economic and Busi­ scheduled to terminate at 5:00 p.m. daily. statement on a proposed extension of ness Affairs, Room 5830, Department of The agenda includes United States strat­ coal mining operations at Peabody Coal State, Washington, D.C. 20520, and that egy with respect to the North Atlantic Company’s Big Sky Mine, Rosebud written comments thereon will be re­ Treaty Organization, the Soviet naval County, Montana. The draft, which in­ ceived by the Department of State until threat, defense planning methodology, November 30, 1973. cludes a plan for the strip mining of and the effect of pending negotiations on federally owned coal and the concurrent For the Secretary of State. naval planning. reclamation and revegetation of surface R aymond J. W aldmann, H. B. R obertson, Jr., , lands, describes comprehensively the en­ Deputy Assistant Secretary, Bu­ vironmental impacts. The proposed ac­ Rear Admiral, JAGC, U.S. tion is an extension of present mining reau of Economic and Busi­ Navy, Acting Judge Advocate ness Affairs. operations in the Big Sky Mine which General. would result in an extension thereof onto [FR Doc.73-23012 Piled 10-29-73:8:45 ami O ctober 24, 1973. Federal coal lease Montana 15965, sec­ tion 22, T. 1 N., R. 41 E, MPM. [FR Doc.73-22996 Filed 10-29-73;8:45 am] DEPARTMENT OF DEFENSE The draft environmental statement is available for public review in the U.S. Department of the Air Force DEPARTMENT OF THE INTERIOR Geological Survey Public Inquiries Office, MILITARY AIRLIFT COM M ITTEE OF TH E National Park Service Room 1012, Federal Building, Denver, NATIONAL DEFENSE TRANSPORTA­ Colorado 80202; the U.S. Geological Sur­ TION ASSOCIATION NATIONAL REGISTRY OF NATURAL LANDMARKS vey Library, Building 25, Denver Federal Correction of Agenda Center, Denver, Colorado 80225; the U.S. Revision of List; Correction Geological Survey Library, Room 1033, O ctober 24,1973. By notice in the Federal R egister of GSA Building, 18th and F Streets NW., Reference FR Doc. 73-22090, as pub­ September 5, 1973 (pp. 23982-23985), Washington, D.C. 20244; the Billings lished in the Federal R egister, 38 FR there was published a list of sites eligible Public Library, 510 N. Broadway, Billings, 28852, October 17,1973. The following is a for inclusion in the National Registry of Montana 59101; the Helena Public Li­ revised schedule for the meeting on Fri­ Natural Landmarks. Through an over­ brary, 325 North Park Avenue, Helena, day, November 9, 1973. The effect of this sight in printing, a registered eligible site Montana 59601. revision is to cancel the presentation en­ was omitted from the listing for Arizona. Copies of the statement are available titled “ Airlines Operations Management That listing is hereby corrected to in­ for purchase at $4.00 per copy from the Systems” and to reschedule other presen­ clude the following: U.S. Geological Survey Public Inquiries tations. There is no change in the sched­ Office, Room 1012, Federal Building, ule for Thursday, November 8, 1973. “Arizona Denver, Colorado 80202; and the Map In­ Summary of agenda: * Ramsey Canyon, Cochise County—7 miles form ation Office, Room 1028, GSA Build­ F riday, November 9,1973 south oi Sierra Vista.” ing, 18th and F Streets NW., Washington, D.C. 20244. Prepayment is required. 8:30 Opening Remarks. * * * . * * A public hearing will be held beginning 8:35 Systems Support Concepts and Man­ The same notice of September 5 is agement Ad Hoc Study Report. at 9:00 a.m., m.s.t. on December 4, 1973, 8:50 Avis Wizard System. further amended to include the following in the Ramada Inn, Billings, Montana, 9:35 Management Reports/Planning. omitted paragraph under “D Implemen­ for the purpose of receiving comments

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29900 NOTICES and suggestions on the draft environ­ Office of Oil and Gas to December 17 ,1973, for physical losses mental impact statement. The hearing FOREIGN PETROLEUM SUPPLY and prior to July 19,1974, for production has been scheduled for December 4 and COMMITTEE losses, except that qualified borrowers 5 and will extend through December 6, if who receive initial loans pursuant to this necessary. Interested individuals, repre­ Notice of Meeting designation may be eligible for subse­ sentatives of organizations, and public Pursuant to Executive Order 11686, quent loans. The urgency of the need for officials who wish to testify at the hearing notice is hereby given of the following loans in the designated'urea makes it are requested to so inform, in writing, the meeting: impracticable and contrary to the public Chief, Conservation Division, U.S. Geo­ The Foreign Petroleum Supply Com­ interest to give advance notice of pro­ logical Survey National Center, Mail mittee will meet at 2:00 p.m. on Octo­ posed rule making and invite public par­ Drop 620, Reston, Virginia 22092, by 4:00 ber 30,1973, in Room 5160 at the Depart­ ticipation. p.m., e.s.t., November 20,1973. ment of the Interior in Washington, D.C. Done at Washington, D.C., this 25th Time limitations make it necessary to The agenda will include discussions of day of October 1973. limit the length of oral presentations to worldwide petroleum supply and demand. 10 minutes. Exceptions to this time limi­ The purpose of the Foreign Petroleum F rank B. E lliott, tation may be authorized for the lessee Supply Committee is to provide advice Administrator, to discuss the mining and reclamation and information on foreign petroleum Farmers Home Administration. plan and to those persons who represent operations and to consider and make rec­ [FR Doc.73-23094 Filed 10-29-73;8:45 am] more than one group or organization. ommendations with respect to shortages Such exceptions should be requested from of petroleum supplies. the Chief, Conservation Division, U.S. The meeting will not be open to the Forest Service Geological Survey National Center, Mail public because the discussions will deal AQUARIUS LAND USE PLAN Drop 620, Reston, Virginia 22092, prior to with matters listed in section 552(b) of Notice of Availability of Final 4:00 p.m., e.s.t., November 20 ,1973. Oral title 5, United States Code. Specifically, Environmental Statement testimony may be supplemented by a these matters are related to matters that written statement submitted to the hear­ are specifically required by Executive Pursuant to section 102(2) (C) of the ing officer at the time of oral presenta­ Order to be kept secret in the interest of National Environmental Policy Act of tion. Written statements presented in national defense or foreign policy. The 1969, the Forest Service, Department of person at the hearing or other pertinent short notice is due to emergency Agriculture, has prepared a final environ­ data submitted by December 21, 1973, to developments. mental statement for Aquarius Land Use Plan, Dixie National Forest, Utah. The the Chief, Conservation Division, at the Dated October 29,1973. above address will be considered for in­ Forest Service report number is USDA- clusion in the hearing record. If time is D uke R. Ligon, FS-FES (Adm) 74-11. available after presentation of oral testi­ Director. The environmental statement applies mony by those who have given advance [FR Doc.73-23254 Filed 10-29-73; 11:48 am] to the management o f 252,000 acres of notice, the hearing officer will give others National Forest lands. Proposed manage­ present an opportunity to be heard. ment includes timber harvesting, con­ Written comments from those unable DEPARTMENT OF AGRICULTURE struction o f temporary and permanent to attend the hearings should be ad­ Farmers Home Administration roads, range management improvements (fencing, water developments, and chain­ dressed to the Chief, Conservation Divi­ [Notice of Designation No. A031] sion, at the above address. The Depart­ ing of pinyon-juniper trees), controlling ment will accept written comments on SOUTH CAROLINA off-road vehicle use, protection of wil­ the draft environmental impact state­ Designation of Emergency Areas derness resource, protection of the Utah ment until December 21, 1973. This will prairie dog, and watershed improvement allow those unable to testify at the hear­ The Secretary of Agriculture has found practices. ing to make their views known. Written that a general need for agricultural The final environmental statement was comments on the draft environmental credit exists in the following county in filed with CEQ on October 16, 1973. impact statement will be considered for South Carolina: Copies are available for inspection dur­ inclusion in the final statement. D arlington ing regular working hours at the follow­ The hearing will provide the Depart­ The Secretary has further found that ing locations : ment with additional information from such general need for agricultural credit Supervisor’s Office both the public and private sectors to existing in this area cannot be met tem­ Dixie National Forest help evaluate fully the potential effects porarily by private, cooperative, or other 500 South Main Cedar City, Utah 84720 of the proposed development on the total responsible sources at reasonable rates and terms for loans for similar purposes District Forest Ranger environmental resources, aesthetics, rec­ Dixie National Forest reation and other resources in the Big and periods of time, and that the need for 270 West Main such credit in such area is the result of a Sky Mine Area. The hearing will also pro­ Escalante, Utah 84726 natural disaster consisting of excessive District Forest Ranger vide the Department, under section 102 rainfall May 1 to July 1,1973. Dixie National Forest (2) (C) of the National Environmental Therefore, the Secretary has desig­ Xeasdale, Utah 84773 Policy Act o f 1969, the opportunity to re­ nated this area as eligible for Emergency Forest Service ceive additional comments and views of Federal Office Building loans, pursuant to the provisions of the 324 25th Street interested State and local agencies. Consolidated Farm and Rural Develop­ Ogden, Utah 84401 After all testimony and comments have ment Act, as amended by Pub. L. 93-24, USD A, Forest Service been received and analyzed, a final envi­ and the provisions of 7 CFR 1832.3(b) in­ South Agriculture Bldg., Room 3231 ronmental statement will be prepared. 12th St. & Independence Ave. SW. cluding the recommendation of Governor Washington, D.C. 20250 Dated: October 25,1973. John C. West that such designation be A limited number of single copies aw J o h n M . S e i d l , made. available upon request to Forest Super" Deputy Assistant Secretary. Applications for Emergency loans visor, Dixie National Forest, 500 South [FR Doc.73-23001 Filed 10-29-73:8:46 am] must be received by this Department prior Main, Cedar City, Utah 84720.

FEDERAL REGISTER, VOL. 38, NO. 208— TUE . JA Y , OCTOBER 30, 1973 NOTICES 29901

Copies are also available from the Na­ Copies are also available from the Na­ The Department of Commerce knows tional Technical Information Service, tional Technical Information Service, of no other instrument or apparatus of U.S. Department of Commerce, Spring- U.S. Department of Commerce, Spring- equivalent scientific value to the foreign field, Virginia 22151. Please refer to the field, Virginia 22151. Please refer to the article, for such purposes as this article name and number of the environmental name and number of the environmental is intended to be used, which is being statement above when ordering. statement above when ordering. manufactured in the United States. Copies of the environmental statement Copies of the environmental statement (Catalog of Federal Domestic Assistance Pro­ have been sent to various Federal, state, have been sent to various Federal, State, gram No. 11.105, Importation of Duty-Free and local agencies as outlined in the CEQ and local agencies as outlined in the Educational and Scientific Materials.) guidelines. Council on Environmental Quality A. H. S tu art, Guidelines. Philip L. Thornton, Director, Special Import Deputy Chief, Forest Service. Philip L. T hornton, Programs Division. Deputy Chief, Forest Service. [FR Doc.73-22976 Filed 10-29-73;8:45 am] October 19, 1973. [PR Doc.73-23003 Filed 10-29-73; 8:45 am] October 19, 1973. [FR Doc.73-23004 Filed 10-29-73;8:45 am] COLORADO STATE UNIVERSITY Notice of Decision on Application for Duty- SOUTH BOISE-WOOD RIVER PLANNING DEPARTMENT OF COMMERCE Free Entry of Scientific Article UNIT LAND USE PLAN Domestic and International Business The following is a decision on an ap­ Notice of Availability of Final Administration Environmental Statement plication for duty-free entry of a scien­ ATMOSPHERIC PHYSICS & CHEMISTRY tific article pursuant to section 6(c) of Pursuant to section 102(2) (C) of the LABORATORY the Educational, Scientific, and Cultural National Environmental Policy Act of Materials Importation Act of 1966 (Pub. 1969, the Forest Service, Department of Notice of Decision On Application for L. 89-651, 80 Stat. 897) and the regula­ Agriculture, has prepared a final en­ Duty-Free Entry of Scientific Article tions issued thereunder as amended (37 vironmental statement for the South The following is a decision on an ap­ FR 3892 et seq.). Boise-Wood River Land Use Plan, plication for duty-free entry of a scien­ A copy of the record pertaining to this USDA-FS-FES (Adm). 74-10. tific article pursuant to section 6(c) of decision is available for public review The final environmental statement the Educational, Scientific, and Cultural during ordinary business hours of the identifies and evaluates the probable ef­ Materials Importation Act o f 1966 (Pub. Department of Commerce, at the Office fects of the land use plan for the South L. 89-651, 80 Stat. 897) and the regula­ of Import Programs, Department of Boise-Wood River area, on the Saw­ tions issued thereunder as amended (37 Commerce, Washington, D.C. 20230. tooth National Forest in south-central FR 3892 et seq .). Docket Number: 73-00043-50-16095. Idaho. The plan sets forth the allocation A copy of the record pertaining to this Applicant: Colorado State University, of land to resource uses and activities; decision is available for public review Fort Collins, Colo. 80521. Article: Ther­ establishes objectives; documents man­ during ordinary business hours of the mal diffusion ice-nuclei counter Model agement direction, decisions, and neces­ Department of Commerce, at the Office No. 100, including stereomicroscope and sary coordination between resource uses; of Import Programs, Department of microscope-mounted camera. Manufac­ and provides for the protection, use, and Commerce, Washington, D.C. 20230. turer: Meeda Scientific Instrumentation, development of the various resources Docket Number; 73-00354-53-44630. Ltd., Israel. Intended use of article: The within the unit. The mix of uses provided Applicant: Atmospheric Physics & Chem­ article is intended to be used for field for includes moderate levels of consump­ istry Laboratory, Boulder NOAA, 3100 and laboratory sampling of aerosols with tive resource uses, a moderate but grow­ Marine Street, Boulder, CO 80302. Arti­ membrane filters for purposes including ing level of recreation use, and signifi­ cle: Thermal diffusion ice-nuclei counter, determination of: cant areas to remain undeveloped with Model 100. M anufacturer: Meeda Scien­ (1) Effects of cloud seeding in areas the options for future management re­ tific Instrumentation, Ltd., Israel. In­ downwind of seeding operations. maining open. tended use of article: The article is in­ (2) Inadvertent weather modification The final environmental statement tended to be used for identifying and from various pollutant sources. was filed with CEQ on October 16, 1973. determining the atmospheric concentra­ (3) Activation spectrum of various ice Copies are available for inspection tion of the ice-nuclei collected by the nuclei produced both in laboratory ex­ during regular working hours at the fol­ field monitor of the Benchmark Network periments and found in the free atmos­ lowing locations: for Ice Nuclei Counts. The purpose of the phere. Comments: No comments have Regional Planning Office network will be to establish a climato­ been received with respect to this USDA, Forest Service logical mean and variation for the ice application. Federal Building, Room 2025 nuclei concentration throughout the 17 Decision: Application approved. No 324—25th Street westernmost States and the North Pa­ instrument or apparatus of equivalent Ogden, Utah 84401 cific Ocean. scientific value to the foreign article, for District Forest Ranger Comments: No Comments have been such purposes as this article is intended Fairfield Ranger District received with respect to this application. to be used, is being manufactured in the Sawtooth National Forest Decision: Application approved. No United States. Fairfield, Idaho 83327 instrument or apparatus of equivalent Reasons: The foreign article is callable Forest Supervisor scientific value to the foreign article, for of determining the activation spectrum Sawtooth National Forest such purposes as this article is intended of ice nuclei and of activating exposed 1525 Addison Avenue East Twin Falls, Idaho 83301 to be used, is being manufactured in the membrane filters under controlled con­ ditions of humidity and temperature. District Forest Ranger United States. Ketchum Ranger District Reasons: The foreign article is capable The National Bureau of Standards Sawtooth National Forest of making counts of ice nuclei. The Na­ (NBS) advised in its memorandum dated Ketchum, Idaho 83340 tional Bureau of Standards (NBS) ad­ October 2, 1973 that the capabilities de­ USDA, Forest Service vised in its memorandum dated Octo­ scribed above are pertinent to the pur­ South Agriculture Bldg., Room 3231 ber 2, 1973 that the capability described poses for which the article is intended 12th St. & Independence Ave. SW. above is pertinent to the purposes for to be used. NBS also advised that it Washington, D.C. 20250 which the article is intended to be used. knows of no domestic instrument of A limited number of single copies are NBS also advised that it knows of no equivalent scientific value to the foreign available upon request from the Forest domestic instrument of equivalent scien­ article for such purposes as this article Supervisor E. A. Fournier, Sawtooth Na­ tific value to the foreign article for such is intended to be used. tional Forest, 1525 Addison Avenue East, purposes as this article is intended to be The Department of Commerce knows Twin Falls, Idaho 83301. used. of no other instrument or apparatus of

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 No. 208—Pt. I- -5 29902 NOTICES equivalent scientific value to the foreign poses as this article is intended to be 2, 1973. Advice submitted by Department article, for such purposes as this article is used. of Health, Education, and Welfare on: intended to be used, which is being man­ The Department of Commerce knows October 4, 1973. ufactured in the United States. of no other instrument or apparatus of Docket Number: 74-00008-33-46500. (Catalog of Federal Domestic Assistance Pro­ equivalent scientific value to the foreign Applicant: University of Texas Medical gram No. 11.105, Importation of Duty-Free article, for such purposes as this article Branch, 8th and Mechanic, Galveston, Educational and Scientific Materials) is intended to be used, which is being Texas 77550. A rticle: Ultramicrotome, manufactured in the United States. A. H. S tuart, Model LKB 8800' A-NM. Manufacturer: Director, Special Import (Catalog of Federal Domestic Assistance LKB Produkter AB, Sweden. Intended Programs Division. Program No. 11.105, Importation of Duty- use of article: The article will be used in Free Educational and Scientific Materials.) [FR Doc.73-22975 Filed 10-29-73; 8:45 am] studies of tissues derived from both nor­ A . H. S tu art, mal and pathologic structure to reveal at Director, Special Import the ultrastructural level the structural IDAHO STATE UNIVERSITY Programs Division. basis of impaired renal function. Appli­ cation received by Commissioner of Cus­ Notice of Decision on Application for Duty- [FR Doc.73-22977 Filed 10-29-73;8:45 am] Free Entry of Scientific Article tom s: July 2, 1973. Advice submitted by Department of Health, Education, and The following is a decision on an ap­ LONG ISLAND JEWISH-HILLSIDE MEDICAL W elfare on: October 4, 1973. plication for duty-free entry of a scien­ CENTER, ET AL. Docket Number:, 74-00009-33-46500. tific article pursuant to section 6(c) of Notice of Consolidated Decision on Appli­ Applicant: Veterans Administration Hos­ the Educational, Scientific, and Cultural pital, 13000 North 30th Street, Tampa, Materials Im portation Act of 1966 (Pub. cations for Duty-Free Entry of Ultra­ microtomes Florida 33612. Article: Ultramicrotome, L. 89-651, 80 Stat. 897) and the regula­ Model LKB 8800A. Manufacturer: LKB tions issued thereunder as amended (37 The following is a consolidated deci­ Produkter AB, Sweden. Intended use of FR 3892 et seq .). sion on applications for duty-free entry article : The article is intended to be used A copy of the record pertaining to of ultramicrotomes pursuant to section in: research on plastic-embedded tissues this decision is available for public review 6(c) of the Educational, Scientific, and from various sources including human during ordinary business hours of the Cultural Materials Importation Act of and animal skin and monolayer cultures Department of Commerce, at the Office 1966 (Pub. L. 89-651, 80 Stat. 897) and of fibroblasts and chondrocytes. Specific of Import Programs, Department of the regulations issued thereunder as experiments include: Commerce, Washington, D.C. 20230. amended (37 FR 3892 et seq.). (See Docket Number: 74-00001-33-02300. especially § 701.11(e).) (a) Demonstration of the site of anti­ Applicant: Idaho State University, Pur­ body binding to human kératinocytes in A copy of the record pertaining to each pemphigus as well as histochemical chasing Services, P.O. Box 219, Pocatello, of the applications in this consolidated Idaho 83201. Article: Longworth Small staining o f the cell surface coat using decision is available for public review ferritin-conjugated agglutinins. Mammal Trap. Manufacturer: Long- during ordinary business hours of the worth Scientific Instrument Co., Ltd., Department of Commerce, at the Special (b) Study of ultrastructural altera­ United Kingdom. Intended use of arti­ Import Programs Division, Office of Im­ tions in certain human tumors and cle: The foreign article is intended to be port Programs, Department of Com­ genetically inherited diseases. used to capture rodents for analysis in merce, Washington, D.C. 20230. - (c) Study the effects of various drugs, studies of population ecology of micro­ Docket Number: 74-00006-33-46500. including anti-cancer agents on tissue tine rodents in semidesert habitat. The Applicant: Long Island, Jewish-Hillside cultures of human and animal tissues. studies involve successive capture and Medical Center, 270-05 76 Avenue, New (d) Identification of the site of locali­ release of these rodents which allows as­ Hyde Park, N.Y. 11040. Article: Ultra­ zation of intercellular viruses in infected sessment of population size, survival microtome, Model LKB 8800A. M anufac­ chondrocytes in vivo and in vitro. rates, dilution rates, growth rates, re­ turer: LKB Produkter AB, Sweden. In­ (e) Examination of skin biopsies from productive changes on a seasonal basis tended use of article: The article is in­ patients with collagen-vascular diseases and movement and home range patterns. tended to be used in the ultrastructural for the presence of virus-like inclusions. Comments: No comments have been investigation of a variety of normal and The article will also be used in advance received with respect to this application. pathological cells of both animals and research training courses for dermatol­ Decision: Application approved. No in­ human tissues, especially those changes ogy and rheumatology residents and fel­ strument or apparatus of equivalent involving the fine structural enzymatic lows. Application received by Commis­ scientific value to the foreign article, for localization and biochemical interrela­ sioner of Customs: July 2, 1973. Advice such purposes as this article is intended tionships between cellular organelles. The submitted by Department of Health, Ed­ to be used, is being manufactured in the tissues studied will range from tough hu­ ucation, and W elfare on : October 4,1973. United States. man bone tumors and brittle structure Docket number: 74-00019-33-46500. Reasons: The foreign article is a small (melanin granules of human melano­ Applicant: New York State Institute for mammal trap which has the capabilities mas) to extremely soft and delicate tis­ Basic Research in Mental Retardation, for trapping small mammals weighing sue (soft tissue tumors). Application re­ 1050 Forest Hill Road, Staten Island, 10 grams or less and for providing a nest­ ceived by Commissioner of Customs : July New York 10314. A rticle: Ultramicro- ing box to minimize loss during cold 2, 1973. Advice submitted by Department tome, Model Om U3. Manufacturer: C. weather. The most closely comparable of Health, Education, and Welfare on: Reichert Optische Werke, Austria. In­ domestic apparatus is manufactured by October 4, 1973. tended use of article: The article will be Sherman Live Traps, (Sherman) Deland, Docket Number : 74-00007-33-46500. used to examine through serial section­ Florida. The domestic apparatus does Applicant: McGuire Veterans Adminis­ ing, the nuclear and cytoplasmic ultra- not provide a nesting box and the capa­ tration Hospital, 1201 Broad Rock Road, structural characteristics of human bility of trapping small mammals weigh­ Richmond, Virginia 23249. A rticle: Ul­ blast-like cells derived from short-term ing ten grams or less. The Department tramicrotome, Model LKB 8800A. Manu­ leucocyte cultures with the objective of of Health, Education, and Welfare facturer: LKB Produkter AB, Sweden. screening large populations of individ­ (HEW) advised in its memorandum Intended use of article : The article is in­ uals as well as cells, which have been ex­ dated October 4, 1973 that the capabili­ tended to be used in research to trace the posed to different in vivo or in vitro en­ ties of the foreign article described above pathway from biliary ducts into the lym­ vironmental conditions with the hope of are pertinent to the purposes for which phatic system. The tissue to be examined delineating striking and/or subtle dif­ the article is intended to be used. will be primarily rat liver in attempting ferences between various individuals or We, therefore, find that the domestic to establish the fine lymphatic connec­ groups of individuals and perhaps, fur­ mammal trap is not of equivalent scien­ tions to the portal areas. Application re­ ther defining mentally retarded popula­ tific value to the article for such pur- ceived by Commissioner of Customs: July tions. The article will also be used for

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 NOTICES ¿8803 training research scientists as well as as­ not of equivalent scientific value to the tranhydroxymethylase, uricase, and sistants in specimen preparation for elec­ foreign articles to which the foregoing ATPase. Whole cell studies will also be tron microscopy and to make available applications relate, for such purposes as conducted. Thermal changes associated demonstrations for students and profes­ these articles are intended to be used. with biological reactions undergone by sionals touring the laboratory. Applica­ The Department of Commerce knows of the above both in vitro will be investi­ tion received by Commissioner of Cus­ no other instrument or apparatus of gated. Application received by Commis­ toms: July 5, 1973. Advice submitted by equivalent scientific value to any of the sioner o f Customs: July 23, 1973. Advice Department of Health, Education, and foreign articles to which the foregoing submitted by Department of Health, Welfare on: October 5, 1973. applications relate, for such purposes as Education, and Welfare on: October 5, Comments: No comments have been these articles are intended to be used, 1973. received with respect to any of the fore­ which is being manufactured in the Comments: No comments have been going applications. Decision: Applica­ United States. received with respect to any of the fore­ tions approved. No instrument or appara­ (Catalog ot Federal Domestic Assistance Pro­ going applications. Decision: Applica­ tus of equivalent scientific value to the gram No. 11.105, Importation of Duty-Free tion approved. No instrument or ap­ foreign articles, for such purposes as Educational and Scientific Materials.) paratus of equivalent scientific value to the foreign articles, for such purposes as these articles are intended to be used, is A. H. S tuart, being manuf actured in the United States. these articles are intended to be used, Director, Special Import is being manufactured in the United Reasons: Each of the foreign articles Programs Division. provides a range of cutting speeds from States. Reasons: Each foreign article equal to or less than 0.5 m illim eters/sec- (FR Doc.73-22979 Filed 10-29-73:8:45 am] provides'the capability for operation in ond (mm/sec) to equal to or greater than a differential mode. The Department of 10 mm/sec. The most closely compara­ Health, Education, and Welfare (HEW) UNIVERSITY OF FLORIDA AND MEDICAL advised in its respectively dated memo­ ble domestic instrument is the Model UNIVERSITY OF SOUTH CAROLINA MT-2B ultramicrotome which is manu­ randa that the capability described factured by Ivan Sorvall, Inc. (Sorvall). Notice of Consolidated Decision on Appli­ above is pertinent to the purposes for The Model MT-2B has a range of cutting cations for Duty-Free Entry of Micro­ which each article is intended to be used. speeds from 0.09 to 3.2mm/sec. The con­ calorimeters HEW further advised that it knows of ditions for obtaining high quality sec­ The following is a consolidated decision no domestic instrument which is scien­ tions that are uniform in thickness de­ on applications for duty-free entry of tifically equivalent to any of the articles pend to a large extent on the hardness, microcalorimeters pursuant to section cited above for each applicant’s in­ consistency, toughness and other prop­ 6(c) of the Educational, Scientific, and tended use. erties of the specimen materials, the Cultural Materials Importation Act of The Department of Commerce knows properties of the embedding materials 1966 (Pub. L. «9-651, 80 Stat. 897) and of no other instrument or apparatus of and the geometry of the block. the regulations issued thereunder as equivalent scientific value to any of the In connection with a prior application amended (37 FR 3892 et seq.). (See foreign articles to which the foregoing (Docket No. 69-00118-33-46500) which especially § 701.11(e).) applications relate, for such purposes as relates to the duty-free entry of an ar­ A copy of the record pertaining to each these articles are intended to be used, ticle in the category of instruments to of the applications in this consolidated which is being manufactured in the which the foregoing applications relate, decision is available for public review United States. the Department of Health, Education, during ordinary business hours of the (Catalog of Federal Domestic Assistance and Welfare (HEW) advised that Department of Commerce, at the Special Program No. 11.105, Importation of Duty- ■“Smooth cuts are obtained when the Import Programs Division, Office of Im­ Free Educational and Scientific Materials) speed of cutting, (among such (other) port Programs, Department of Com­ A. H. Stuart, obvious factors as knife edge condition merce, Washington, D.C. 20230. Director, Special Import and angle), is adjusted to the character­ Docket Number: 74-00022-01-07500. Programs Division. istics of the material being sectioned.” Applicant: University of Florida, De­ (FR Doc.73-22980 Filed 10-29-73:8:45 am] In connection with another prior case partment of Materials Science and Engi­ (Docket No. 69-00665-33-46500) relating neering, Gainesville, Florida 32611. Arti­ to the duty-free entry of an article in cle: T.k r Batch Microcaiorimeter, Model UNIVERSITY OF WASHINGTON, ET AL. the same category as those described 10700-2. Manufacturer: LKB Produkter Notice of Consolidated Decision on Appli­ above, HEW advised that ‘‘The range of AB, Sweden. Intended use of article: The cations for Duty-Free Entry of Electron cutting speeds and a capability for the article is intended to be used for teach­ Microscopes higher cutting speeds is * * * a per­ ing and research in the general area of tinent characteristic of. the ultramicro­ surface reactions between liquids and The following is a consolidated deci­ tome to be used for sectioning materials various solid substrates. In particular, it sion on applications for duty-free entry that experience has shown difficult to will be used to determine the heats of of electron microscopes pursuant to sec­ section.” In connection with still another reaction between polyelectrolytes and tion 6(c) of the Educational, Scientific, prior case (Docket No. 7Ó-00077-33- phosphate slimes and to measure the and Cultural Materials Importation Act 46500) relating to the duty-free entry o f energy evolved when collagen-like poly­ of 1966 (Pub. L. 89-651, 80 Stat. 897) and an article similar to those described peptides interact with powdered glasses. the regulations issued thereunder as above, HEW advised that ‘‘ultrathin sec­ Application received by Commissioner of amended (37 FR 3892 et seq.). (See tioning of a variety of tissues having a Customs: July 11, 1973. Advice submit­ especially § 701.11(e).) wide range in density, hardness etc.” re­ ted by Department of Health, Education, A copy of the record pertaining to quires a maximum range in cutting speed and W elfare on : October 5, 1973. each of the applications in this consoli- and, further, that ‘‘The production of ul­ Docket Number: 74-00043-01-07500. 'dated decision is available for public re­ trathin serial sections of specimens that Applicant: Medical University of South view during ordinary business hours of have great variation in physical proper­ Carolina, Biochemistry Department, 80 the Department of Commerce, at the ties is very difficult.” Accordingly, HEW Barre Street, Charleston, South Caro­ Special Import Programs Division, Office advises in its respectively cited memo­ lina 29401. A rticle: LKB Batch M icro- of Import Programs, Department of randa, that cutting speeds in excess o f 4 calorimeter, Model 10700-2. Manufac­ Commerce, Washington, D.C. 20230. MM/sec are pertinent to the satisfactory turer: LKB Produkter AB, Sweden. In­ Docket Number: 74-00004-33-46040. sectioning of the specimen materials and tended use of article: The article is Applicant: University of Washington, the relevant embedding materials that intended to be used for the study of pro­ Department of Microbiology, F304 will be used by the applicants in their teins and other biologically important Health Science Bldg., Seattle, Washing­ respective experiments. molecules. The protein systems include ton 98195. Article: Electron Microscope, Por these reasons, we find that the the enzymes: xanthine oxidase, syn­ Model JEM ,100B. M anufacturer: JEOL Sorvall Model MT-2B ultramicrotom is thetase, dihydrofolate reductase, serine Ltd., Japan. Intended use of article: The

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29904 NOTICES

foreign article will be used in research changes that occur in specific biological various types of synapses will be per­ studies on biological specimens ranging tissues accompanying either, disease formed. Subtle alterations in cytoplasmic from viruses to human tissue. Specific processes, experimental manipulation or and pre- and post-synaptic membrane uses will involve the morphology of normal development. Some of the studies structure and relationships, synaptic aquatic bacteria, tumor allograft rejec­ planned involve (1) examination of the clefts, and glia/neuron relationships will tion, cytophagocytosis of viable Sal Cells* development of synaptic contacts in the be under investigation. The objectives by immune macrophages,! direct phase brains of several mutant mice which pursued in the course of these investiga­ counting procedures for enumerating show neurological symptoms to further, tions are: (1) Recognition and descrip­ microorganisms in lacustrine habitats, understanding of human disease in which tion of viral pathogens for diagnosis of host parasite relationships in syphilis, similar changes are observed, (2) study clinical disease, (2) determination of molecular structure of Polyoma DNA of the effects of various antibodies on viral etiology in naturally occurring and and the evaluation Bacterial Plasmids. the aggregation of human red cells to experimentally induced neoplastic dis­ Application received by Commissioner obtain an understanding of the mecha­ eases, (3) a better understanding of o f Customs: July 2, 1973. Advice sub­ nism of antibody action and as an aid in tumor induction by viruses and viral mitted by Department of Health, Educa­ the design of laboratory methods for the replication or latency in infected pri­ tion, and W elfare on : October 4, 1973. detection of antibodies, (3) examination mates, (4) to determine the effects Docket Number: 74-00005-33-46040. of surgically removed disease processes, of ionizing irradiation on growth of Applicant: University of Southern Cali­ and as an aid in the diagnosis of certain the brain and ultrastructural matura­ fornia, School o f Medicine, 2025 Zonal conditions, and (4) continued investiga­ Avenue, Los Angeles, California 90033. tion of the cerebral cortex in the squirrel tion of the effect of various environmen­ monkey, (5) to determine the effects'of Article: Electron Microscope, model HU- tal pollutants on the central nervous sys­ 12A. M anufacturer: H itachi Ltd., Japan. postnatal malnutrition on the ultrastruc­ tem in the developing as well as the adult tural maturation of brain and on learn­ Intended use of article: The foreign arti­ animal in the hope that these investiga­ cle will be used in research studies of ing, neurochemistry and general growth tions will not only elucidate the effects of of the brain in infant squirrel monkeys, human and animal pituitary glands that the pollutants but will also offer clues to­ have been treated with various chemical and (6) to evaluate the effects of chronic ward methods most suited to reverse or radiation on aging changes including agents to reveal cellular location ,of prevent these effects. Application re­ divalent cations (calcium). The studies ultrastructural alterations in the brain of ceived by Commissioner of Customs: the rat and rhesus monkey. The article will also require high resolution observa­ June 14, 1973. Advice submitted by De­ tion of thin sectioned tissue. Application will also be used in a Freshman neuro­ partment of Health, Education, and Wel­ science (neuroanatomy) course in which received by Commissioner of Customs: fare on: October 4,1973. July 2, 1973. Advice submitted by De­ electron micrographs of brain tissues Docket Number: 74-00016-33-46040. from normal and experimental subjects partment of Health, Education, and Applicant: Marine Biomedical Institute, W elfare on: October 4, 1973. will be employed in lectures and other 200 University Boulevard, Galveston, instructional programs to provide in­ Docket Number: 74-00010-33-46040. Texas 77550. A rticle: Electron M icro­ Applicant: Health Research Inc., 666 struction in principles of neuroscience as Elm Street, Buffalo, New York 14203. scope, Model EM 301. Manufacturer: applied to the practice of medicine. Ap­ Article: Electron Microscope, Model Philips Electronic Instruments NVD, The plication received by Commissioner of Elmiskop 10IB. Manufacturer: Siemens Netherlands. Intended use of article: The Customs: July 9, 1973. Advice submitted AG, West Germany. Intended use of article is to be used in the study of the by Department of Health, Education, and article: The foreign article will be mammalian ventral root, a tissue con­ Welfare on October 5,1973. utilized in a laboratory established to sisting primarily of myelinated and un­ Docket Number; 74-00024-33-46040. provide both a service and research func­ myelinated axons, in which previously Applicant: University of Virginia School tion of a wide scope dealing mainly with unsuspected unmyelinated fibers un­ of Medicine, Department of Neurological ultrastructural changes produced in doubtedly important in human disease Surgery, Charlottesville, Virginia 22901. tissues including tumors following their have been found. The study will be con­ Article: Electron Microscope, Model HU exposure to various drugs and antitumor ducted by performing selective surgical 12A. and accessories. Manufacturer: therapies, including hormones, new com­ ablations in model mammals such as the Hitachi, Ltd., Japan. Intended use of pounds, immunotherapy, dietary and cat or monkey and examining the ventral article: The article will be used for an pathological manipulations. Representa­ root in the electron microscope to see ultrastructural analysis of central ner­ tive studies include localization of where the fibers are coming from. Appli­ vous system tissue. The following prob­ pathological changes in organelles (e.g., cation received by Commissioner of Cus­ lems will be under investigation: tom s: July 5, 1973. Advice submitted by mitochondrion, lysosomes) of specific 1. Examination of the ultrastructure tissues following acute and chronic treat­ Department of Health, Education, and Welfare on: October 5,1973. o f normal and abnormal synaptic types, ment of several animal species with anti­ in the visual cortex of the rat and tree tumor agents, the effects of certain Docket Number: 74-00017-33-46040. shrew, especially the investigation of the drugs, including carcinogenic agents, on Applicant: Tulane University, Delta Re­ lower laminae of visual cortex after the structure of ribosomes, mitochon­ gional Primate Research Center, Coving­ laminar lesions have been made on the drion, lysosomes and cell membrane, and ton, Louisiana, 70433. Article: Electron surface of the cortex. In this study the localization of certain hormones and Microscope, Model Elmiskop 101. Manu­ degenerating boutons will be examined drugs in the cell by combination of his­ facturer: Siemens AG; West Germany. at different survival times in the attempt tochemistry or radioautography with Intended use of article: The article will to determine if there is a selective loss electron microscopy. The article is also be used to examine neoplastic and other of certain types of synapses on partic­ expected to be used for training gradu­ pathological tissues of nonhuman pri­ ular areas of the neuron or its processes ate students for a PH. D. in experimental mates for evidence of viruses that can be with the hope of correlating the be­ Pathology. Application received by Com­ correlated with the disease. Particular havioral changes induced by this lesion missioner of Customs: June 28, 1973. emphasis will be placed on the recogni­ with the morphological changes seen Advice submitted by Department of tion of viral particles in tumor tissues with the electron microscope. Health, Education, and Welfare on: arising spontaneously or by experimental October 4, 1973. induction in nonhuman primates. Viral 2. Examination of the morphology of normal and abnormal synaptic com­ Docket Number: 74-00013-33-46040. particles as small as 20 nm in diameter plexes. This involves determining Applicant: Montefiore Hospital and Med­ lying with the ultrastructure of infected whether the synapses fall intp sym­ ical Center, 111 East 210th Street, Bronx, cells will be examined. In addition quan­ New York 104677. A rticle: Electron Mi­ titative ultrastructural determinations of metrical or asymmetrical categories as croscope, Model Elmiskop 101. Manufac­ the effects of environmental insults on determined by differences in the syn­ turer Siemens AG, West Germany. In­ presynaptic and post synaptic dense ma­ aptic cleft and vesicle size anti shape. tended use of article: The foreign article terial or specializations, types of syn­ The capability for a high degree of tilt will be used to study the structural aptic vesicles and on differentiation of at high resolution is also of high priority

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 NOTICES 29905 for examining the region of the synaptic ports, and may be operated in other westbound from Florida and/or the cleft and more importantly the postsyn- worldwide service in the carriage of liq­ Caribbean to the west coast of Canada. aptic density. In addition, this analysis uid bulk cargoes and dry bulk cargoes not The vessels will carry cargoes consist­ will include serial section composites of subject to the cargo preference statutes ing entirely of bundled lumber east- normal and abnormal neurons, processes including 10 U.S.C. 2631, 46 U.S.C. 1241, bound and phosphates and/or other bulk and synaptic complexes in different la­ and 15 U.S.C. 616a. or neo-bulk commodities westbound. minae under investigation. Application Any party having an interest in such These vessels will not carry cargo sub­ received by Commissioner of Customs: application and who would contest a ject to the cargo preference statutes, July 5, 1973. Advice submitted by De­ finding of the Board that the service now including 10 U.S.C. 2631, 46 U.S.C. 1241, partment of Health, Education, and Wel­ provided by vessels of United States reg­ and 15 U.S.C. 616a. fare on: October 5, 1973. istry for the worldwide carriage of liq­ Any party having an interest in such Comments: No comments have been uid and dry bulk cargoes, not subject to application and who would contest a received in regard to any of the foregoing the cargo preference statutes, moving in finding of the Board that the service now applications. Decision: Applications ap­ the .foreign commerce of the United provided by vessels of United States reg­ proved. No instrument or apparatus of States or in any particular trade in the istry for the worldwide carriage of liq­ equivalent scientific value to the foreign foreign commerce of the United States uid and dry bulk cargoes, not subject to articles, for the purposes for which the is inadequate, must, on or before Novem­ the cargo preference statutes, moving in articles are intended to be used, is being ber 13,1973, notify the Secretary in writ­ the foreign commerce of the United manufactured in the United States. Rea­ ing of his interest and of his position and States or in any particular trade in the sons: Each foreign article has a speci­ file a petition for leave to intervene in foreign commerce of the United States fied resolving capability equal to or bet­ accordance with the Boards Rules of is inadequate, must, on or before Novem­ ter than 3.5 angstroms. The most closely Practice and Procedure (46 CFR Part ber 13,1973, notify the Secretary in writ­ comparable domestic instrument is the 201). Each such statement of interest ing of his interest and of his position and Model EMU—4C electron microscope and petition to intervene shall state file a petition for leave to intervene in which is manufactured by the Forgflo whether a hearing is requested under accordance with the Board’s rules of Corporation (Forgflo). The Model EMU- section 605(c) of the Merchant Marine Practice and procedure (46 CFR Part 4C has a specified resolving capability of Act, 1936, as amended, and with a^much 201). Each such Statement of interest five angstroms. (Resolving capability specificity as possible the facts that the and petition to intervene shall state bears an inverse relationship to its nu­ intervenor would undertake to prove at whether a hearing is requested under merical rating in angstrom units, i.e., such hearing. section 605(c) of the Merchant Marine the lower the rating, the better the re­ In the event that a section 605(c) hear­ Act, 1936, as amended, and with as much solving capability.) We are advised by ing is ordered to be held, the purpose of specificity as possible the facts that the the Department of Health, Education, such hearing will be to receive evidence intervenor would undertake to prove at and Welfare in the respectively cited relevant to whether the service already such hearing. memoranda, that the additional resolv­ provided by vessels of U.S. registry for In the event that a section 605(c) hear­ ing capability of the foreign articles is the worldwide movement of liquid and ing is ordered to be held, the purpose of pertinent to the purposes for which each dry bulk cargoes in the foreign ocean- such hearing will be to receive evidence of the foreign articles to which the fore­ borne commerce of the United States is relevant to whether the service already going applications relate is intended to inadequate and whether in the accom­ provided by vessels of U.S. registry for be used. We, therefore, find that the plishment of the purposes and policy of the worldwide movement of liquid and Forgflo Model EMU-4C is not of equiv­ the Act additional vessels should be op­ dry bulk cargoes in the foreign ocean- alent scientific value to any of the erated in such service. borne commerce of the United States is articles to which the foregoing applica­ If no request for hearing and petition inadequate and whether in the accom­ tions relate, for such purposes as these for leave to intervene is received within plishment of the purposes and policy of articles are intended to be used. The De­ the specified time, or if the Maritime the Act additional vessels should be op­ partment of Commerce knows of no Subsidy Board determines that petitions erated. other instrument or apparatus of equiv­ for leave to intervene filed within the If no request for hearing and petition alent scientific value to any of the for­ specified time do not demonstrate suf­ for leave to intervene is received within eign articles to which the foregoing ap­ ficient interest to warrant a hearing the the specified time, or if the Maritime plications relate, for such púrposes as Maritime Subsidy Board will take such Subsidy Board determines that petitions these articles are intended to be used, action as may be deemed appropriate. for leave to intervene filed within the which is being manufactured in the (Catalog of Federal Domestic Assistance Pro­ specified time do not demonstrate suf­ United States. gram No. 11.504 Operating-Differential Sub­ ficient interest to warrant a hearing the (Catalog of Federal Domestic Assistance Pro­ sidies (ODS).) Maritime Subsidy Board will take such gram No. 11.105, Importation of Duty-Free action as may be deemed appropriate. Educational and Scientific Materials) Dated: October 26,1973. By Order of the Maritime Subsidy (Catalog of Federal Domestic Assistance Pro­ A. H. Stuart, gram No. 11.504 Operating-Differentia] Sub­ D irector, Special Import Board. sidies (ODS).) Programs Division. James S. Dawson, Jr„ Dated: October 25, 1973. (FR Doc.73-22978 Filed 10-29-73;8:45 am] Secretary. By Order of the Maritime Subsidy [FR Doc.73-23225 Filed 10-29-73:8:45 am] Board. Maritime Administration James S. Dawson, Jr., [Docket No. S-397] [Docket No. S-396] Secretary. AMERICAN TRADING TRANSPORTATION LUCKENBACH INTERNATIONAL CORP. [FR Doc.73-23224 Filed 10-29-73:8:45 am] CO., INC. Notice of Application Notice of Application Notice is hereby given that Lucken- [Docket No. S-395] Notice is hereby given that American bach International Corporation has filed SUWANNEE RIVER LINES, INC. Trading Transportation Company Inc. an application for operating-differential has filed an application for operating- subsidy on two new dry bulk carriers (to Notice of Application differential subsidy on four (4) tankers be constructed) of approximately 56,110 Notice Is hereby given that Suwannee (to be constructed) of aproximately 89,- deadweight tons each. Said vessels will be River Lines, Inc. has filed an applica­ 000 deadweight tons each. Said vessels time chartered and will operate east- tion for operating-differential subsidy on will operate generally from ports in bound from the west coast of Canada to three (3) combination heated and Africa to United States Atlantic and Gulf eastern and Gulf Coast U.S. ports and refrigerated bulk liquid chemical carriers

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29906 NOTICES and three (3) refrigerated bulk liquid National Bureau^of Standards DEPARTMENT OF HEALTH, chemical carriers (to be constructed) of FEDERAL INFORMATION PROCESSING EDUCATION, AND WELFARE approximately 67,000 deadweight tons STANDARDS COORDINATING AND AD­ each. The combination heated and VISORY COMMITTEE Office of Education refrigerated carriers will operate gener­ Notice of Meeting SUPPLEMENTAL EDUCATIONAL OPPOR­ ally in the carriage of super phosphoric TUNITY GRANT, COLLEGE WORK acid from the United States to the Pursuant to Pub. L. 92-463 and Execu­ STUDY AND NATIONAL DIRECT STU-' U.S.S.R. and ammonia from the U.S.S.R. tive Order 11686, notice is hereby given DENT LOAN PROGRAMS to the U.S., and the refrigerated carriers that the Federal Information Processing will operate generally in the carriage of Notice of Closing Date for Receipt of Standards Coordinating and Advisory Applications ammonia from the U.S.S.R. to the U.S. Committee (FIPSCAC) will hold a meet­ The vessels may at times be operated in ing from 10:00 a.m. to 1:00 p.m. on Notice is hereby given that pursuant to other worldwide service, but will not Tuesday, October 30, 1973, in Room B - the authority contained in section 413D carry cargoes subject to the cargo prefer­ 255, Building 225, of the National Bureau (b), 442, and 462(b) of the Higher Edu­ ence statutes including 10 U.S.C. 2631, of Standards in Gaithersburg, Maryland. cation Act o f 1965 ((20 U.S.C. 1070b-3 46 U.S.C. 1241, and 15 U.S.C. 616a. The purpose of the meeting is to re­ ( b ) ) , 42 U.S.C. 2752 and 20 U.S.C. 1087bb Any party having an interest in such view the actions of the Federal Informa­ (b)) applications are being accepted application and who would contest a tion Processing Standards (FIPS) Task from institutions of higher education finding of the Board that the service now Groups and to consider other matters under the Supplemental Educational Op­ provided by vessels of United States relating to Federal information process­ portunity Grant, College Work-Study registry for the worldwide carriage of ing standards. and National Direct Student Loan Pro­ liquid and dry bulk cargoes, not subject The public will be permitted to attend, grams (Part A Subpart 2, Part C and to the cargo preference statutes, moving to file written statements, and, to the Part E of Title IV of the Higher Educa­ in the foreign commerce of the United extent that time permits, to present oral tion Act, respectively). In order to receive States or in any particular trade in the statements. Persons planning to attend consideration such applications must be foreign commerce of the United States is should notify the Office of Information received on or before November 28, 1973, inadequate, must, on' or before Novem­ Processing Standards, Institute for Com­ for funds requested for the fiscal year ber 13,1973, notify the Secretary in writ­ puter Sciences and Technology, National beginning July 1 ,' 1974 and ending ing of his interest and of his position and Bureau of Standards, Washington, D.C. file a petition for leave to intervene in ac­ 20234 (Phone 301-921^-3551). June 30, 1975. Institutions that were notified by letter of an earlier cutoff date cordance with the Board’s Rules of Prac­ Dated: October 24,1973. tice and Procedure (46 CFR Part 201). are hereby advised of the extension of Each such ¡statement of interest and R ichard W. R oberts, that date to November 28. petition to intervene shall state whether Director. Such applications shall be submitted a hearing is requested under section 605 [FR Doc.73-22971 Filed 10-29-73;8:45 am] to the Regional Office of the Office of (c) o f the Merchant Marine Act, 1936, as amended, and with as much specificity as Education serving the area in which the possible the facts that the intervenor NATIONAL INVENTORS COUNCIL institution is located. Application forms would undertake to prove at such Notice of Meeting have been mailed to institutions which hearing. Pursuant to Executive Orders 11671 have previously received funds under any In the event that a section 605 (c) hear­ and. 11686, notice is hereby given of a of the three programs. Copie.s of such ing is ordered to be held, the purpose of meeting of the National Inventors Coun­ application forms may be obtained from such hearing will be to receive evidence cil to be held in Room 4833 at the De­ the various Regional Offices of the Office relevant to whether the service already partment of Commerce, Washington, of Education. The addresses of the Re­ provided by vessels of U.S. registry for D.C., from 10:00 a.m. to 5:00 p.m. on gional Offices are. as follow s: November 9,1973. the worldwide movement of liquid and The purpose of the Council is to advise. Office of Education, Region I, John Fitzgerald dry bulk cargoes in the foreign ocean- Kennedy Federal Building, Government the Secretary of Commerce on policies Center, Boston, Mass. 02203. borne commerce of the United States is affecting the processes of technological Office of Education, Region H, Federal Build­ inadequate and whether in the accom­ change. < ing, 26 Federal Plaza, New York, N.Y. plishment of the purposes and policy of The Council is composed of approxi­ 10007. the Act additional vessels should be op­ mately 15 members from the industrial, Office of Education, Region III, 3535 Market Street, New Gateway Building, Philadel­ erated in such service. légal and academic communities, and 10 observers from Federal agencies in the phia, Pa. 19101. If no request for hearing and petition Washington, D.C. area. Office of Education, Region IV, Peachtree- for leave to intervene is received within Seventh B uilding, 50 7th Street NE., At­ The agenda for the meeting will in­ lanta, Ga. 30323. the specified time, or if the Maritime clude a discussion of patent legislation Office of Education, Region V, 300 South Subsidy Board determines that petitions currently being considered by Congress. Wacker Drive, Chicago, HI. 60607. for leave to intervene filed within the Future studies of the patent system and Office of Education, Region VI, 1114 Com­ specified time do not demonstrate suffi­ related matters will also be discussed. merce Street, Dallas, Tex. 75202. cient interest to warrant a hearing the The meeting will be open to public Office, of Education, Region VII, Federal Of­ Maritime Subsidy Board will take such observation; applications for admission fice Building, 601 East 12th Street, Kansas will be accepted and granted on a first- City, Mo. 64106. action as may be deemed appropriate. come-first-served basis up to the capacity Office of Education, Region VIII, Federal Of­ (Catalog of Federal Domestic Assistance Pro­ of the conference room. These applica­ fice Building, 19th and Stout Streets, Den­ gram No. 11.504, Operating-Differential Sub­ tions should be sent by first-class mail to ver Colo. 80202. sidies (ODS).) Mrs. Florence Essers, Executive Secre­ Office of Education, Region IX, Federal Office tary, National Inventors Council, Na­ Building, 50 Fulton Street, San Francisco, Dated: October 25, 1973. tional Bureau of Standards, Washington, Calif. 94102. D.C. 20234, telephone (301) 921-3612. Office of Education, Region X, Arcade Build­ By Order of the Maritime Subsidy ing, 1321 Second Avenue, Seattle, Wash. Board. Dated October 24,1973. 98101. James S. Dawson, Jr„ R ichard W. R oberts, Dated October 25, 1973. S ecreta ry. D irector. (Catalog of Federal Domestic Assistance, No. [FR Doc.73-23223 Filed 10-29-73; 10:46 am] [FR Doc.73-23000 Filed 10-29-73;8:45 am] 13.463, College Work-Study Program and

FEDERAL REGISTER, V O L 38, N O . 208— TUESDAY, OCTOBER 30, 1973 NOTICES 29907

13.471, National Direct Student Loan A notice of public meeting will be pub­ The Commission will consider the is­ Program) lished in the F ederal R eg ister prior to suance of facility operating licenses to P e t e r ,P . M uirh ead, the next meeting of the Urban Trans­ Alabama Power Company which would Acting U.S. Commissioner portation Advisory Council. authorize the applicant to possess, use, of Education. and operate the Joseph M. Farley Nu­ This notice is given pursuant to sec­ [FR Doc.73-23175 Filed 10-29-73;8:45 am) clear Plant, Units 1 and 2, in accordance tion 10 of Pub. L. 92-463. with the provisions of the license and Issued on October 24, 1973. the technical specifications appended DEPARTMENT OF thereto, upon the completion of a favor­ TRANSPORTATION J o h n E. H ir t e n , Deputy Administrator, Urban Mass able safety evaluation on the application Federal Highway Administration Transportation Administration. by the Commission’s Directorate of Li­ censing, the completion of the environ­ ‘‘TENNESSEE [FR Doc.73-23056 Filed 10-29-73:8:45 am] mental review required by the Commis­ Notice of Proposed Action Plan sion’s regulations in 10 CFR Part 50, Ap­ pendix D, the receipt of a report on the The Tennessee Department of Trans­ ATOMIC ENERGY COMMISSION [Docket Nos. 50-348; 50-364] applicant’s application for facility op­ portation has submitted to the Federal erating licenses by the Advisory Commit­ Highway Administration of the U.S. De-, ALABAMA POWER CO. tee on Reactor Safeguards, and a finding partment of Transportation a proposed Receipt of Application for Facility Operat­ by the Commission that the application Action Plan as required by Policy and for the facility licenses, as amended, Procedure Memorandum 90-4 issued on ing Licenses; Consideration of Issuance June If 1973. The Action Plan outlines of Facility Operating Licenses; Avail­ complies with the requirements of the the organizational relationships, the as­ ability of Applicant's Environmental Re­ Atomic Energy Act o f 1954, as amended signments of responsibility, and the pro­ port; and Opportunity for Hearing (A ct), and the Commission’s regulations in 10 CFR Ch. 1. Construction of the cedures to be used by the State to assure Notice is hereby given that the Atomic that economic, social and environmental Energy Commission (the Commission) facilities was authorized by Construction effects are fully considered in developing Permit Nos. CPPR-85 and CPPR-86, is­ has received an application for facility sued by the Commission on August 16, highway projects and that final decisions operating licenses from Alabama Power on highway projects are made in the Company (the applicant) which would 1972. Construction of Unit 1 is antici­ best overall public interest, taking into authorize the applicant to possess, use, pated to be completed by June 1, 1976 consideration: (1) Needs for fast, safe and operate Joseph M. Farley Nuclear and Unit 2 by July 1,1977. and efficient transportation; (2) public Plant, Units 1 and 2, two pressurized Prior to issuance of any operating li­ services; and (3) costs of eliminating water nuclear reactors (the facilities), censes, the Commission will inspect each or minimizing adverse effects. located on the applicant’s site in Houston facility to determine whether it has been The proposed Action Plan is avail­ County, Alabama. Each unit would op­ constructed in accordance with the ap­ able for public review at the following erate at steady-state power levels not to plication, as amended, and the provisions locations: exceed 2,652 megawatts thermal. of the above noted Construction Permit. The applicant has also filed, pursuant In addition, the licenses will not be issued 1. Tennessee Department of Transportation until the Commission has made the find­ Highway Building to the National Environmental Policy Act 6th Avenue, North and Deaderick Street o f 1969 and the regulations o f the Com­ ings, reflecting its review of the applica­ Nashville, Tennessee 37219 mission in Appendix D to 10 CFR Part tion under the Act which will be set forth 2. Tennessee Division Office—FHWA 50, an Environmental Report. The report, in the proposed licenses, and has con­ 4004 Hillsboro Road which discusses environmental con­ cluded that the issuance of the licenses Suite 236 siderations related to the proposed op­ will not be inimical to the common de­ NashvUle, Tennessee 37215 eration of the facility, is being made fense and security or to the health and 3. FHWA Regional Office—Region 4 available at the Alabama Development safety of the public. Upon issuance of the Office of Environment and Design Office, State Office Building, Montgom­ licenses, the applicant will be required Room 208 to execute an indemnity agreement as 1720 Peachtree Road NW. ery, Alabama 36104, and the Southeast Alabama Regional Planning and Devel­ required by section 170 of the Act and Atlanta, Georgia 30309 10 CFR Part 140 of the Commission’s 4. U.S. Departm ent o f Transportation opment Commission, P.O. Box 1460, Federal Highway Administration Dothan, Alabama 36301. regulations. Environmental Development Division After the Environmental Report has The facilities are subject to the provi­ Nassif Building—Room 3246 been analyzed by the Commission’s Di­ sions in 10 CFR Part 50, Appendix D, for 400 7th Street SW. rector of Regulation or his designee, a notice of opportunity for filing petitions Washington, D.C. 20590 draft environmental statement will be for leave to intervene and requests for a Comments from interested groups and prepared by the Commission’s regulatory hearing on environmental considera­ the public on the proposed Action Plan staff. Upon preparation of the draft en­ tions related to issuance of the facility are invited. Comments should be sent to vironmental statement, the Commission operating license. the FHWA Regional Office shown above will, among other things, cause to be On or before November 29, 1973, the before November 26,1973. published in the F ederal R egister a sum- applicant may file a request for a hear­ • mary notice of availability of the draft ing with respect to issuance of the facil­ Issued on October 25, 1973. statement, requesting coihments from in­ ity operating licenses and any person N orbert T . TTem ann , terested persons on the draft statement. whose interest may be affected by this Federal Highway Administrator. The summary notice will also contain a proceeding may file a petition for leave to intervene. Requests for a hearing and [FR Doc.73-23011 Filed 10-29-73;8:45 am] statement to the effect that comments of Federal agencies and State and local offi­ petitions for leave to intervene shall be cials thereon will be made available when filed in accordance with the Commis­ Urban Mass Transportation Administration received. The draft statement will focus sion’s rules of practice in 10 CFR Part 2. on any matters which differ from those If a request for a hearing or petition for URBAN TRANSPORTATION ADVISORY leave to intervene is filed within the time COUNCIL previously discussed in the final environ­ mental statement prepared in connection prescribed in this notice, the Commis­ Cancellation of Public Meeting with the issuance of the construction sion or an atomic safety and licensing On October 23, 1973, the F ederal R eg­ permit. Upon consideration of comments board designated by the Commission or ister published notice of a meeting of submitted with respect to the draft en­ by the Chairman of the Atomic Safety vironmental statement, the regulatory the Urban Transportation Advisory and Licensing Board Panel will rule on Council at Dallas, Texas, October 30, staff will prepare a final environmental 1973. That meeting has been postponed statement, the availability of which will the request and/or petition and the Sec­ until January 18,1974. be published in the F ederal R eg ister. retary or the designated atomic safety

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29908 NOTICES

and licensing board will issue a notice of locations: (1) The safety evaluation pre­ Reactor Safeguards, the Director of hearing or an appropriate order. pared by the Directorate of Licensing; Regulation will consider making affir­ A petition for leave to intervene must (2) the Commission’s draft detailed mative findings on Items 1-3, a negative be filed under oath or affirmation in ac­ statement, on environmental considera­ finding on Item 4, and an affirmative cordance with the provisions of 10 CFR tions pursuant to 10 CFR Part 50, Ap­ finding on Item 5 specified below as a 2.714. As required by 10 CFR 2.714, a pe­ pendix D; (3) the Commission’s final de­ basis for the issuance of construction tition for leave to intervene shall set tailed statement on environmental permits to the applicant: forth the interest of the petitioner in the considerations; (4) the report of the Ad­ proceeding, how that interest may be af­ visory Committee on Reactor Safeguards I ssues P ursu an t t o th e A to m ic E nergy fected by the results of the proceeding, on the application for facility operating A ct op 1954, as A mended and any other contentions of the peti­ licenses; (5) the proposed facility oper­ 1. Whether in accordance with the tioner including the facts and reasons ating licenses; and (6) thé technical provisions of 10 CFR 50.35(a): why he should be permitted to intervene, specifications, which will be attached to (a) The applicant has described the with particular reference to the follow­ the proposed facility operating licenses. proposed design of the facilities includ­ ing factors: (1) The nature of the peti­ Copies of items (1), (3), (4), and (5), ing, but not limited to, the principal tioner’s right under the Act to be. made when available, may be obtained by re­ architectural and engineering criteria for a party to the proceeding; (2) the nature quest to the Deputy Director for Reactor the design, and has identified the major and extent of the petitioner’s property, Projects, Directorate of Licensing, U.S. features or components incorporated financial, or other interest in the pro­ Atomic Energy Commission, Washington, therein for the protection of the health ceeding; and (3) the possible effect of D.C. 20545. and safety of the public; any order which may be entered in the Dated at Bethesda, Md., this 23d day (b) Such further technical or design proceeding on the petitioner’s interest. o f October 1973. information as may be required to com­ Any such petition shall be accompanied plete the safety analysis and which can by a supporting affidavit identifying the For the Atomic Energy Commission. reasonably be left for later considera­ specific aspect or aspects of the subject K arl K n ie l , tion, will be supplied in the final safety matter of the proceeding as to which Chief, Pressurized Water Reac­ analysis report; the petitioner wishes to intervene and tors Branch No. 2, Directorate (c) Safety features or components, if setting forth with particularity both of Licensing Regulation any, which require research and devel­ the facts pertaining to his interest and opment have been described by the ap­ the basis for his contentions with re­ [FR Doc.73-22921 Filed 10-29-73;8:45 am] plicant and the applicant has identified, gard to each aspect on which he desires and there will be conducted a research to intervene. A petition that sets forth [Docket Nos. 50-452 and 50-453] and development program reasonably contentions relating only to matters out­ designed to resolve any safety questions side the jurisdiction of the Commission DETROIT EDISON CO. associated with such features or com­ will be denied. Notice of Hearing on Application for ponents; and A request for a hearing or a petition Construction Permits (d) On the basis of the foregoing, for leave to intervene must be filed with Pursuant to the Atomic Energy Act of there is reasonable assurance that, (i) the Office of the Secretary of the Com­ 1954, as amended (the A ct), and the reg­ such safety questions will be satisfac­ mission, United States Atomic Energy ulations in Title 10, Code of Federal Reg­ torily resolved at or before the latest Commission, Washington, D.C. 20545, At­ ulations, Part 50, “Licensing of Produc­ date stated in the application for com­ tention; Chief, Public Proceedings Staff, tion and Utilization Facilities,” and Part pletion of construction of the proposed or may be delivered to the Commission’s 2, rules of practice, notice is hereby given facilities, and (ii) taking into considera­ Public Document Room, 1717 H Street that a hearing will be held, at a time tion [lie site criteria contained in 19 CFR NW., Washington, D.C., not later than and place to be set in the future by an Part 100, the proposed facilities can be November 29, 1973. A copy o f the peti­ Atomic Safety and Licensing Board constructed and operated at the proposed tion and/or request should also be sent (Board), to consider the application filed location without undue risk to the health to the Chief Hearing Counsel, Office of under the Act by the Detroit Edison Com­ and safety of the public. the General Counsel, U.S. Atomic Energy pany

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 NOTICES 29909 insofar as the Commission’s licensing re­ ing, the Commission’s draft and final de­ for his contentions with regard to each quirements under the Act are concerned, tailed statements on environmental con­ aspect on which he desires to intervene. the issuance of the construction permits siderations, the report of the Advisory A petition that sets forth contentions proposed by the Director of Regulation; Committee on Reactor Safeguards relating only to matters outside the juris­ and (2) determine whether the review (ACRS), the proposed construction per­ diction of the Commission will be denied. conducted by the Commission pursuant mits, other relevant documents, and the A petition for leave to intervene must to NEPA has been adequate. In the event transcripts of the prehearing confer­ be filed with the Office of the Secretary that this proceeding is not contested, the ences and of the hearing will also be of the Commission, United States Atomic Board will convene a prehearing confer­ available at the above locations. Copies Energy Commission, Washington, D.C. ence of the parties at a time and place to of the Directorate of Licensing’s safety 20545, Attention: Chief, Public Proceed­ be set by the Board. It will also set the evaluation and the Commission’s final ings Staff, or may be delivered to the schedule for the evidentiary hearing. detailed statement on environmental Commission's Public Document Room, Notice of the prehearing conference and considerations, the proposed construc­ 1717 H Street NW., Washington, D.C., not later than November 30,1973, a peti­ the hearing will be published in the F ed­ tion permits, and the ACRS report may tion for leave to intervene which is not eral R e g ister. be obtained, when available, by request In the event that this proceeding be­ to the Deputy Director for Reactor Proj­ timely will not be granted unless the comes a contested proceeding, the Board ects, Directorate of Licensing, United Board determines that the petitioner has will consider Items 1-5 above as a basis States Atomic Energy Commission, made a substantial showing of good cause for determining whether the construc­ Washington, D.C. 20545. for failure to file on time and after the tion permits should be issued to the A n y person who does not wish to, or Board has considered those factors speci­ fied in 10 CFR -2.714(a) (1)-(4) and applicant. is not qualified to become a party to this The Board will convene a special pre- proceeding may request permission to 2.714(d). hearing conference of the parties to the make a limited appearance pursuant to Those permitted to intervene become proceeding and persons who have filed the provisions of 10 CFR 2.715. A person parties to the proceeding, subject to any petitions for leave to intervene, or their m a k in g a limited appearance may only limitations in the order granting leave counsel, to be held at such time as may make an oral or written statement on to intervene, and have all the rights to be appropriate, at a place to be set by the the record, and may not participate in participate fully in the conduct of the Board for the purpose o f dealing with the proceeding in any other way. Limited hearing, such as the examination and the matters specified in 10 CFR 2.751a. appearances will be permitted at the cross-examination of witnesses, with re­ Notice of the special prehearing confer­ time of the hearing in the discretion of spect to their contentions related to the ence will be published in the F ederal the Board, within such limits and on such matters at issue in the proceeding. An answer to this notice, pursuant to Register. conditions as may be fixed by the Board. The Board will convene a prehearing Persons desiring to make a limited ap­ the provisions of 10 CFR 2.705, must be conference of the parties, or their coun­ pearance are requested to inform the filed by the ¿applicant not later than sel, to be held subsequent to any special Secretary of the Commission, United November 20,197?.. prehearing conference, after discovery States Atomic Energy Commission, Papers required to be filed in this pro­ has been completed, or within such other Washington, D.C. 20545, not later than ceeding may be filed by mail or telegram time as may be appropriate, at a time November 30, 1973. addressed to the Secretary of the Com­ and place to be set by the Board for A person permitted to make a limited mission, United States Atomic Energy the purpose of dealing with the matters appearance does not become a party, but Commission, Washington, D.C. 20545, At­ specified in 10 CFR 2.752. may state his position and raise questions tention: Chief, Public Proceedings Staff, With respect to the Commission’s re­ which he would like to have answered to or may be filed by delivery to the Com­ sponsibilities under NEPA, and regard­ the extent that the questions are within mission’s Public Document Room, 1717 H less of whether the proceeding is con­ the scope of the hearing as specified in Street NW., Washington, D.C. A copy of tested or uncontested, the Board will, the issues set out above. the petition or request for limited ap­ in accordance with section A. 11 of Ap­ Any person whose interest may be af­ pearance should also be sent to the Chief pendix D o f 10 CFR Part 50, (1) deter­ fected by the proceeding, who does not Hearing Counsel, Office of the General mine whether the requirements of sec­ wish to make a limited appearance and Counsel, U.S. Atomic Energy Commis­ tion 102(2) (C) and (D) of NEPA and who wishes to participate as a party in sion, Washington, D.C. 20545, and to Appendix D o f 10 CFR Part 50 have the proceeding must file a written peti­ Peter A. Marquardt, Esquire, Detroit Ed­ been complied with in this proceeding; tion under oath or affirmation for leave ison Company, 2000 Second Avenue, De­ (2) independently consider the final bal­ to intervene in accordance with the pro­ troit, Michigan 48226, attorney for the ance among conflicting factors contained visions o f 10 CFR 2.714. applicant. in the record of the proceeding with a A petition for leave to intervene shall Pending further order of thé Board, view to determining the appropriate ac­ set forth the interest of the petitioner in parties are required to file pursuant to tion to be taken; and (3) determine the proceeding, how that interest may be the provisions of 10 CFR 2.708, an orig­ whether the construction permits should affected by the results of the proceeding, inal and twenty (20) conformed copies of be issued, denied, or appropriately con ­ and any other contentions of the peti­ each such paper with the Commission. ditioned to protect environmental values. tioner including the facts and reasons With respect to this proceeding, pursu­ why he should be permitted to intervene, For further details, see the applica­ ant to 10 CFR 2.785, an Atomic Safety tion for construction permits and the with particular reference to the follow­ Environmental Report, which are avail­ ing factors: (1) The nature of the peti­ and Licensing Appeal Board will exercise able for public inspection at the Commis­ tioner’s right under the Act to be made the authority and the review function sion’s Public Document Room, 1717 H a party to the proceeding; (2) the na­ which would otherwise be exercised and Street NW., Washington, D.C., between ture and extent of the petitioner’s prop­ performed by the Commission. Notice as the hours of 8:30 a.m. and 5:00 pm., on erty, financial, or other interest in the to the membership of the Appeal Board weekdays. Copies of those documents will proceeding; and (3) the possible effect of will be published in the F ederal R egister. also be made available at the St. Clair any order which may be entered in the County Library, 210 McMorron Boule­ proceeding on the petitioner’s interest. Dated at Washington, D.C., this 17th vard, Port Huron, M ichigan 48060, for Any such petition shall be accompanied day o f October 1973. inspection by members of the public be­ by a supporting affidavit identifying the specific aspect or aspects of the subject U n ited S tates A to m ic tween the hours of 9 am. and 9 pm. E n erg y C o m m is s io n , Monday through Friday, and 9 am . to 5 matter of the proceeding as to which the petitioner wishes to intervene and setting P aul C . B ender, P m. on Saturday. As they become avail­ Secretary of the Commission. able, a copy of the safety evaluation by forth with particularity both the facts the Commission’s Directorate of Licens­ pertaining to his interest and the basis [PR Doc.73-23006 Piled 10-29-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 No. 208—Pt. 29910 NOTICES

[Docket Nos. 50-458; 50-459] sion will, among other things, cause to be Com m ittee for th e I mplementation of T extile A greements GULF STATES UTILITIES CO. published in the Federal R egister a summary notice of availability of the Commissioner of Custom s, Receipt of Application; Availability of Envi­ draft statement, requesting comments Department of the Treasury, ronmental Report; Time for Submission from interested persons on the draft Washington, D.C. 20229. of Views on Antitrust Matter statement. The summary notice will also October 24, 1973. Gulf States Utilities Company (the ap­ contain a statement to the effect that D ear Mr . C ommissioner : On September 28, plicant), pursuant to sec. 103 of the comments of Federal agencies and State 1973, the Chairman, Committee for the Im­ Atom ic Energy Act of 1954, as amended, and local officials thereon will be made plementation of Textile Agreements, directed has filed an application, which was available when received. you to prohibit entry during the twelve- docketed September 24, 1973, for au­ month period beginning October 1, 1973 of Dated at Bethesda, Maryland, this wool and man-made fiber textile products thorization to construct and operate two 12th day o f October 1973. in certain specified categories, produced or generating unite utilizing boiling water manufactured in the Republic of Korea, in reactors. The application was tendered For the Atomic Energy Commission. excess of designated levels of restraint. The on June 8, 1973. Following a preliminary John F. Stolz, Chairman further advised you that the levels review for completeness, it was rejected Chief; Boiling Water Reactors of restraint are subject to adjustment.1 on July 16, 1973, for lack o f sufficient Pursuant to paragraph 7 of the Bilateral Branch 2, Directorate of Li­ Wool and Man-Made Fiber Textile Agreement information. Hie applicant submitted censing... additional information on August 22, o f January 4, 1972, as amended, between the [PR Doc.73-22345 Filed 10-19-73;8:45 am] Governments of the United States and the 1973, and the application was accepted Republic of Korea, and in accordance with for docketing. the procedures of Executive Order 11651 of The proposed nuclear facilities desig­ COMMITTEE FOR THE IMPLEMEN­ March 3, 1972, you are directed to amend, nated by the applicant as the River Bend TATION OF TEXTILE AGREEMENTS effective as soon as possible, the levels of re­ Station, Unite 1 and 2, are to be located straint established in the aforesaid direcive in West Feliciana Parish, Louisiana, ap­ CERTAIN MAN-MADE FIBER TEXTILE of September 28, 1973, for man-made fiber PRODUCTS PRODUCED OR MANUFAC­ textile products in Categories 221 and 229 to proximately 24 miles north-northwest of the following: Baton Rouge, Louisiana. Each unit is TURED IN THE REPUBLIC OF KOREA designed for initial operation at approxi­ Entry or Withdrawal From Warehouse for Category levels of restraint2 mately 2894 megawatts (thermal), with Consumption Amended twelve-month a 2 2 1 ______dozen 2,693,358 net electrical output of approximately October 24, 1973. 229 ______740,120 934 megawatts. A Notice of Hearing with opportunity On October 4, 1973, there was pub­ The actions taken with respect to the for public participation is being pub­ lished in the Federal R egister (38 FR Government of the Republic of Korea and lished separately. 27547) a letter dated September 28, with respect to imports to wool and man­ 1973 from the Chairman, Committee for made fiber textile products from the Re­ Any person who wishes to have his public of Korea have been determined by views on the antitrust aspects of the ap­ the Implementation of Textile Agree­ ments, to the Commissioner of Customs the Committee for the Implementation of plication presented to the Attorney Gen­ T extile Agreements to involve foreign affairs eral for consideration shall submit such implementing those provisions of the functions of the United States. Therefore, views to the U.S. Atomic Energy Com­ Bilateral Wool and Man-Made Fiber the directions to the Commissioner of Cus­ mission, Regulation, Washington, D.C. Textile Agreement of January 4, 1972, toms, being necessary to the implementation 20545, Attention: Chief, Office of Anti­ as amended, between the Governments o f such actions, fa ll w ithin the foreign affairs trust and Indemnity, Directorate of Li­ of the United States and the Republic exception to the rule-making provisions of of Korea which establish specific export 5 U8.C. 553. This letter will be published censing, on or before December 26, 1973. in the F ederal R egister. Hie request should be filed in connec­ limitations, among other categories, on tion with Docket Nos. 50-458-A and Categories 221 and 229, produced or Sincerely, 50-459-A. manufactured in the Republic of Korea Seth M. B odner, and exported to the United States dur­ Chairman, Committee for the Im­ A copy of the application is available ing the twelve-month period beginning plementation of Textile Agree­ for public inspection at the Commission’s October 1, 1973 and extending through ments, and Deputy Assistant Sec­ Public Document Room, 1717 H Street retary for Resources and Trade September 30, 1974. As set forth in that Assistance. NW., Washington, D.C. 20545, and at the letter, the levels of restraint are subject Audubon Library, West Feliciana to adjustment pursuant to paragraph 7 [FR Doc.73-23203 Filed 10-29-73;8:45 am] Branch, Ferdinand Street, St. Francis- of the Bilateral Wood and Man-Made ville, Louisiana 70775. Fiber Textile Agreement of January 4, CONSUMER PRODUCT SAFETY The applicant has also filed, pursuant 1972, as amended, which provides that COMMISSION to the National Environmental Policy within the aggregate and applicable Act of 1969 and the regulations of the group limits, limits on certain categories PROVISION OF PROPOSED CHILDREN’S Commission in Appendix D to 10 CFR may be exceeded by not more than five SLEEPWEAR FLAMMABILITY STAND­ Part 50, an- environmental report dated (5) percent. ARD, SIZES 7 THROUGH 14 September 18, 1973. The report has been Accordingly, at the request of the Gov­ Notice of Meeting made available for public inspection at ernment of the Republic of Korea and the aforementioned locations. The re­ At the request of the National Wool pursuant to the provision of the bilat­ Growers Association, a meeting will be port, which discusses environmental con­ eral agreement referred to above, there siderations related to the proposed con­ is published below a letter of October 24, struction of the River Bend Station, 1973 from the Chairman of the Commit­ 1The term “adjustment” refers to those Units 1 and 2, is also being made avail­ tee for the Implementation of Textile provisions of the Bilateral Wool and Man- able at the Commission on Intergovern­ Agreements to the Commissioner of Cus­ Made Fiber Textile Agreement of January 4, mental Relations, P.O. Box 44316, Baton toms amending the levels of restraint 1972 between the Governm ents o f the United States and the Republic of Korea which pro­ Rouge, Louisiana 70804, and the Florida applicable to man-made fiber textile vide in part that within the aggregate and District Clearinghouse, Capitol Regional products in Categories 221 and 229 for applicable group limits, limits on certain Planning Commission, 101 St. Ferdinand the twelve-month period which began categories may be exceeded by not more than Street, Suite 205, Baton Rouge, Louisi­ 5 percent; for the limited carryover of short­ ana 70801. on October 1, 1973. falls in certain categories to the next agree­ ment year; for limited inter-fiber flexibility After the report has been analyzed by Seth M. Bodner, between cotton textiles and man-made fiber the Commission’s director of Regulation Chairman, Committee for the textile products of the oomparable category; or his designee, a draft environmental Implementation of Textile and for administrative arrangements. statement will be prepared by the Com­ Agreements, and Deputy As­ 2 These amended levels of restraint have mission. Upon preparation of the draft sistant Secretary for Re­ not been adjusted to reflect any entries made environmental statement, the Commis­ sources and Trade Assistance. on or after October 1,1973.

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 NOTICES 29911 held on Wednesday, November 28, 1973, (as indicated hereinafter), and the state­ Washington office of the Federal Mari­ at 1:00 p.m., In the Conference Room, ment should indicate that this has been time Commission, 1405 I Street N W , second floor, Westwood Towers Building, done. Room 1202; or may inspect the agree­ ment at the Field Offices located at New 5401 Westbard Avenue, Bethesda, Mary­ Notice of agreement filed by: land, to discuss the requirements of sec­ York, N.Y., New Orleans, Louisiana, and tion .5(b) of the proposed flammability Stanley O. Slier, Esq. San Francisco, California. Comments on Billig, Slier & Jones, P.C. such agreements, including requests for standard for children’s sleepwear, sizes 7 Suite 300 through 14. (The proposal was published hearing, may be submitted to the Secre­ 1126 Sixteenth Street NW. tary, Federal Maritime Commission, in the Federal R egister of March 12, Washington, D.C. 20036 1973; 38 FR 6700). Specifically, the con­ Washington, D.C. 20573, on or before ditioning level of ±65 percent relative Agreement No. 9450 DR-6 is an appli­ November 19, 1973. Any person desiring humidity specified in the test procedure cation on behalf of the member lines of a hearing on the proposed agreement the Australia/U.S. Atlantic and Gulf shall provide a clear and concise state­ is to be discussed. Conference, for permission under Section The meeting will be attended by repre­ ment of the matters upon which they sentatives of the National Wool Growers 14b to modify the presently approved desire to adduce evidence. An allegation dual rate system and form of contract by of discrimination or unfairness shall be Association, the Consumer Product changing the name of. the conference to Safety Commission, and the National accompanied by a statement describing the “Australia-Eastern U.S.A. Shipping the discrimination or unfairness with Bureau o f Standards. Conference”, and immediately after such particularity. If a violation of the Act or Any other parties who wish to attend name adding the words “serving U.S.A. should notify Margaret Freeston, Office detriment to the commerce of the United through Gulf and East Coast Ports”, in States is alleged, the statement shall set of the General Counsel, Consumer Prod­ the Preamble, Article 2 and other ap­ uct Safety Commission, Washington, D.C. forth with particularity the acts and propriate provisions. 20207 (telephone 301-427-6373). In the circumstances said to constitute such event that the space available for the Dated: October 25, 1973. violation or detriment to commerce. A copy of any such statement should meeting will not accommodate all the By order of the Federal Maritime parties who wish to attend, attendance also be forwarded to the party filing the Commission. agreement (as indicated hereinafter) will be determined on the basis of the Francis C. Hurney, earliest requests for attendance. and the statement should indicate that Secretary. this has been done. Dated: October 23,1973. [FR Doc.73-23100 Filed 10-29-73;8:45 am] Notice of agreement filed by: Sadye E. Dunn, Mr. George Sutter Secretary, Consumer Product [No. 73-56] Safety Commission. Manager, Real Estate Services NONVESSEL OPERATING COMMON CAR­ Port of Seattle [FR Doc.73-23061 Filed 10-29-73; 8:45 ami RIERS IN DOMESTIC OFFSHORE TRADES P.O. Box 1209 Seattle, W ashington 98111 Order To Show Cause; Correction FEDERAL MARITIME COMMISSION Agreement No. T-2640-4, between the October 24, 1973. Port of Seattle (Port) and American AUSTRALIA/U.S. ATLANTIC AND GULF In the Commission’s order to show CONFERENCE Mail Line, Ltd. (AML), modifies the basic cause in this proceeding served Septem­ agreement between the parties providing Notice of a Petition Filed ber 7, 1973, the following parties were for the 5-year lease to AML of Terminal Notice is hereby given that the follow­ inadvertently included in the list of re­ 25, Seattle, Washington. (Effective Octo­ ing petition has been filed with the Com­ spondents and are hereby deleted ber 1,1973, AML was merged into Ameri­ mission for approval pursuant to section therefrom. can President Lines and ceased to exist 14b of the Shipping Act, 1916, as amended El Sol De Mayo Express Furniture as an independent corporation.) The pur­ (75 Stat. 762 (46 U.S.C. 814)). 937 East Tremont Avenue pose of Agreement No. T-2640-4 is to Interested parties may inspect a copy Bronx, New York 10460 provide for AML’s lease of an additional of the proposed contract form and of the Sea Freight Express, Inc. area of 162,187 square feet of land other­ petition at the Washington office of the 720 Tonnele Avenue wise known as Young Iron Works, plus Federal Maritime Commission, 1405 I Jersey City, New Jersey 07307 the cost of preparing the area for use, Street NW., room 1015, or at the field Additionally, El Seis De Mayo Express, including an additional gate house in the offices located at New York, N.Y., New 765 East 149th Street, Bronx, New York north section of Terminal 25. Rental for Orleans, Louisiana, and San Francisco, 10455, was inadvertently omitted from the land area itself shall be based on a California. Comments with reference to the list of respondents and is hereby value o f $2.50 per square foot. The con­ the proposed contract form and the peti­ added thereto. Affidavits of fact and struction cost is to be provided by the tion. including a request for hearing, if memoranda of law in response to the Port, with AML amortizing the cost over desired, may be submitted to the Secre­ show cause order shall be filed by re­ a 40-year period. Upon completion of the tary, Federal Maritime Commission, 1405 spondent El Seis De Mayo Express on construction and when final costs are I Street NW., Washington, D.C. 20573, on or before November 9, 1973. made available, the adjusted rental pay­ or before November 9, 1973. Any person ments will be in accordance with the ac­ Francis C. Hurney, tual construction costs. desiring a hearing on the proposed con­ Secretary. tract system shall provide a clear and Dated: October 25,1973. concise statement of the matters upon [FR Doc.73-23101 Filed 10-29-73;8:45 am] which they desire to adduce evidence. By order of the Federal Maritime Com- An allegation of discrimination or un­ . mission. fairness shall be accompanied by a state­ PORT OF SEATTLE AND AMERICAN MAIL Francis C. Hurney, ment describing the discrimination or LINE, LTD. Secretary. unfairness with particularity. If a viola­ Notice of Agreement Filed [FR Doc.73-23102 Filed 10-29-73;8:45 am] tion of the Act or detriment to the com­ Notice is hereby given that the follow­ merce of the United States is alleged, the statement shall set forth with particu­ ing agreement has been filed with the LESCO PACKING CO., INC., ET AL. larity the acts and circumstances said to Commission for approval pursuant to Applicants for Independent Ocean Freight constitute such violation or detriment to section 15 o f the Shipping Act, 1916, as Forwarder License commerce. amended (39 Stat. 733, 75 Stat. 763 (46 Notice is hereby given that the follow­ A copy of any such statement should U.S.C. 814)).. ing applicants have filed with the Fed­ also be forwarded to the party filing the Interested parties may inspect and ob­ eral Maritime Commission applications Proposed contract form and the petition tain a copy of the agreement at the for licenses as independent ocean freight

FEDERAL REGISTER, V O L 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29912 NOTICES

forwarders pursuant to section 44(a) of Washington office of the Federal Mari­ that study was made possible through the Shipping Act, 1916 (75 Stat. 522 and time Commission, 1405 I Street NW., the cooperation of natural gas com­ 46 U.S.C. 8 4 1 (b )). Boom 1015; or may inspect the agree­ panies who voluntarily furnished pro­ Persons knowing of any reason why ment at the Field Offices located at New prietary reserve information to the any of the following applicants should York, N.Y.; New Orleans, La., and Commission’s staff with the Understand­ not receive a license are requested to com­ San Francisco, Calif. Comments on such ing that it would be afforded confidential municate with the Director, Bureau of agreements, including requests for hear­ treatment in accordance with Paragraph Certification and Licensing, Federal ing, may be submitted to the Secretary, (B) of our order of December 21, 1971;1 Maritime Commission, Washington, D.C. Federal Maritime Commission, Washing­ Any nonpublic commercial information 20573. ton, D.C. 20573, on or before Novem­ concerning an individual natural gas com­ Lesco Backing Co., Inc. ber 6, 1973. Any person desiring a hear­ pany’s reserves obtained during the course 463 Broome Street ing on the proposed agreement shall of this survey and analysis shall be treated New York, New York 10013 provide a clear and concise statement of as confidential without public disclosure by the staff of the Commission and its agents, O fficer the matters upon which they desire to adduce evidence. An allegation of dis­ including any accounting firm selected by Irving Betiheil, President crimination or unfairness shall be ac­ the Commission to assist in this survey and Jose Astengo, Jr. analysis, unless otherwise directed by the companied by a statement describing the Commission. The provisions of section 8(b) 1300 S. Beacon Street discrimination or unfairness with par­ San Pedro, California of the Natural Gas Act [15 U.S.C. 717g(b)] ticularity. If a violation of the Act or and 5 U.S.C. 552(b (4) and (9) [Freedom Gerhard F. Carl detriment to the commerce of the United of Information Act] shall apply. 437 Chestnut Street States is alleged, the statement shall set Philadelphia, Pennsylvania 19106 forth with ¡particularity the acts and In order to assure that confidentiality would be maintained in fact, our order Valley Transportation & Warehouse Co., line. circumstances said to constitute such 1825 S. Black Canyon Hwy. violation or detriment to commerce. o f December 21, 1971, as amended on Phoenix, Arizona 85009 A copy of any such statement should March 9, 1972,2 established detailed pro­ cedures for the compilation and anal­ O fficers also be forwarded to the party filing the agreement (as indicated hereinafter) ysis of individual company reserve data. Thomas W. Moffitt, President and the statement should indicate that In summary, these procedures required Willis A. Jorgenson, Scretary/Treasurer this has been done. independent reserve teams, under the Harry J. Wrede, Vice President supervision of the Commission’s staff, to J. D. Express Co., Inc.' Notice of Agreement Filed by: visit various natural gas companies and P.O. Box 5123 . Leon M. Paine, Jr., Secretary examine data relating to certain fields Newark, New Jersey 07105 Gulf-Mediterranean Ports Conference which had been randomly selected by Officers Suite 927— W hitney B uilding an independent accounting agent. The New Orleans, Louisiana 70130 companies visited were requested to fur­ Jozef Domaniecki, President nish the reserve teams with such infor­ Christine Domaniecki, Secretary/Treasurer Agreement No. 134-36 among the mem­ George J. Domaniecki, Vice President ber lines of the Gulf-Mediterranean mation as (1) field area maps showing the location and completion of all wells Division M, Inc. Ports Conference modifies the basic agreement by adding a further exception drilled prior to December 31, 1970, (2) 4139 George electrical well surveys, (3) core analyses, Schiller Park, Illin ois 60176 to the prohibition against member lines or their agents acting as agents for non­ (4) reservior production histories, (5) Officers member lines operating in the same specific gravities of gas, (6) formation Hermilo Mendoza, President trade. The exception provides that a temperatures, (7) original reservoir Judith K. Matta, Vice President member line or its agent may represent a pressures, (8) isopach maps, (9) records Henry E. Kloch, Secretary/Treasurer nonmember line as general agents pro­ and backup data on reservoir pressure Edward Brown Adams d/b/a vided the nonmember agrees to abide by measurements, and (10) other pertinent A. E. C. the rates, rules, and regulations of the data requested by the reserve teams. P.O. Box 42535 conference and the representing mem­ After analyzing such data, the independ­ Houston, Texas 77042 ber line certifies that it has control over ent reserve teams - were required to Alfred Ramirez the rate activities of the nonmember and transmit the estimations on a confi­ 1603 W illow by Drive guarantees that the nonmember will ad­ dential basis to the reserve team super­ Houston, Texas here to all contract rates, rules and regu­ visor who, in turn, was to furnish the lations of the conference. accounting agent with a final reserve Fred O. Pautz d/b/a estimate for each field after comparing Midwest Overseas By Order of the Federal Maritime the reserve team data with A.G.A. re­ 772 White Birch Lane Commission. Lake Zurich, Illinois 60047 serve estim ates8 or any other source. Dated: October 26,1973. The worksheets which were prepared by Dated: October 25,1973. the reserve teams were required to be F ran cis C . H u r n e y , By the Federal Maritime Commission. returned to the Commission’s offices in Secretary. Washington and placed in the custody F ran cis C . H u r n e y , [PR Doc.73-23229 Piled 10-29-73; 8:45 am] of the Technical Director of the N ational Secretary. Gas Survey who was to have the respon­ [PR Doc.73-23098 Filed 10-29-73;8:45 am] FEDERAL POWER COMMISSION sibility of protecting their confidentiality. Once all sampling had been made and [Docket No. RI74-15] all final estimates submitted, the inde­ GULF-MEDITERRANEAN PORTS pendent accounting agent was to provide CONFERENCE AMERADA HESS CORP.f ET AL. Notice of Agreement Filed Order Concluding Show Cause Proceeding and Authorizing Examination of Certain 1 Order Directing Study and Analysis of Notice is hereby given that the follow­ Records Natural Gas Reserves and Prescribing Pro­ cedures for the National Gas Survey (Decem­ ing agreement has been filed with the O ctober 15, 1973. ber 21, 1971). Commission for approval pursuant to sec­ In May o f 1973, the Commission re­ 2 Order Amending Order Prescribing Pro­ tion 15 o f the Shipping Act, 1916, as leased the National Gas Reserves Study cedures fo r the National Gas Survey amended (39 Stat. 733, 75 Stat. 763 (46 (1973), which contains an independent (March 9, 1972). U.S.C. 814)). and comprehensive analysis of the na­ 3 Industry representatives who provide A.G.A. reserves submitted those reserves by Interested parties may inspect and ob­ tion’s proven natural gas reserves as of fields on a confidential basis to the Inde­ tain a copy of the agreement at the December 31, 1970. To a large extent, pendent accounting agent.

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 NOTICES 29913 a report to the National Gas Survey on proceeding and invited his comments to a successful explorer may be deprived of United States gas reserves as they existed be filed with others on or before Au­ a valuable property right, would only as of December 31, 1970. When the re­ gust 15,1973. exacerbate the critical gas supply port was accepted by the National Gas Upon review of the comments received shortage. Survey, the accounting agent and the from twenty-six natural gas companies While we intend to maintain the data reserve team supervisor were to return and the Federal Trade Commission, we in question on a confidential basis to the all A.G.A. records to the member of the are convinced that no justification exists fullest extent possible, we recognize, as AG.A. Committee of Natural Gas Re­ for modifying our order of December 21, do many of the producers whose data is serves assigned to the area involved. 1971, as amended, which assures confi­ involved, that our discretion is limited by With the completion of the National dential treatment of the data submitted the demands of certain authorized com­ Gas Reserves Study, in substantial com­ “unless otherwise directed by the Com­ mittees and subcommittees of Congress pliance with the procedures outlined mission.” Indeed, the majority of com­ which may desire to examine such data above, it becomes the responsibility of ments demonstrate that public disclosure in connection with pending legislative this Commission to determine what dis­ of the data at this juncture would se­ proposals. Accordingly, upon formal de­ closure, if any, should be made of the verely harm the public interest. mand of an authorized committee or sub­ reserve data now being held on a confi­ To begin with, it must be recognized committee of Congress Which may desire dential basis. Our task, is particularly that a natural gas company’s reserve to examine such data in connection with difficult in view of the interest in re­ data, much like a patent or trade secret, pending legislative proposals. Accord­ serves data that has been expressed by constitutes a valuable and closely ingly, upon formal demand of an author­ certain committees and subcommittees guarded asset. Making this asset avail­ ized committee or subcommittee of Con­ of Congress which are independently in­ able to competitors,"-without due com­ gress, we will make available to such vestigating the energy crisis. Already, pensation, .would most certainly be in­ committee or subcommittee any data re­ the Chairman of the Commission has imical to competition, especially in highly ceived in connection with the National been compelled by subpoena duces tecum competitive areas, as the comments of Gas Reserves Study. Any such disclosure to furnish the Senate Judiciary Commit­ Ashland Oil, Inc., illustrate: to a Congressional committee or sub­ tee’s Subcommittee on Antitrust and committee will not, however, be unre­ * * * Ashland Oil, Inc. has obtained leases stricted on our part, but will be express­ Monopoly with uncommitted gas reserve in Federal offshore areas by payments to the data which was collected in Docket No. United States Government of large bonuses. ly subject to the requirements of confi­ 405. Under compulsion of process, we Unleased acreage adjoins and offsets certain dentiality and protection against public authorized the Chairman to comply with of these leases. If significant reserves are disclosure as set forth in all related the subcommittee’s demands, but ex­ discovered and if the reservoirs extend into orders of this Commission. pressly noted that such practice was unleased areas, Ashland would not disclose We turn now from the merits of the in' derogation of the procedural and the results of such exploration until an op­ show cause proceeding to the applica­ substantive due process rights of the portunity is available to bid in a drainage tion of Mr. Halverson for authorization sale of the offsetting acreage. The informa­ to permit Theodore L. Lytle, Jr., an at­ persons whose proprietary data was tion developed on such leases is highly con­ involved.4 fidential and proprietary in nature and dis­ torney with the Federal Trade Commis­ In addition to the manifest interest of closure of such information prior to the sion’s Bureau of Competition, “to exam­ certain committees and subcommittees drainage sale would destroy Ashland’s com­ ine and copy the natural gas reserve esti­ of Congress, the Federal Trade Commis­ petitive advantage in bidding at such sale mates developed by the Federal Power sion has noted its interest in the reserves by making available to other companies the Commission on fields in Offshore Louisi­ underlying the National Gas Reserves results of Ashland’s exploration efforts made ana.” As specifically identified by Mr. Study. In particular, on July 30, 1973, at great expense of it. James T. Halverson, Director of the Fed­ Lytle in his letter of June 5, 1973, to Mr. We agree. Those who are willing to Edward Minor of our Office of General eral Trade Commission’s Bureau of Com­ expend large sums toward the develop­ petition, filed an application with this ment of reserves data should not, Counsel, these fields are: Commission requesting that Theodore L. through disclosure, be ironically placed Major Offshore F ields Lytle, Jr., ah attorney for the Bureau of in an inferior position to bargain against Cameron, East Block 64-63-48—49. Competition, be given permission “to ex­ competitors who are willing to do little Cameron, West Block 180-173-174-179-181- amine and copy the natural gas reserve more than exploit the efforts of others.6 144. estimates developed by the Federal Cameron, West Blocks 17-18-47-48. Power Commission on fields in Offshore * * * [D]isclosure of the seismic reports and other exploratory findings of oil com­ Coon Point & Ship Shoal Blocks 39-26. Louisiana.” panies would give speculators an unfair Delta, West Block 25-27-24-23-22. In an effort to resolve these complex advantage over the companies which spent Eugene Island Block 266-246. problems in a manner consistent with our millions of dollars in exploration. Eugene Island Block 292-293. responsibilities to both Congress and to Grand Isle Block 43-68-71. 1966 U.S. Cong, and Ad. News, p. 2418 at 2428. Main Pass Blocks 40-41-42-37-57-43. the natural gas companies which have Marsh Island, South—Mound Point— relied upon our assurances of confiden­ In addition to the competitive prob­ Marsh Island, South Block 23-22-34-35. tiality, we initiated the immediate pro­ lems, the general disclosure of propri­ Marsh Island, Southwest—Mound Point— ceeding on July 31, 1973, by ordering all etary reserves data would have an in­ Rabbit Island. natural gas companies involved, as well hibiting effect on future exploration' of Ship Shoal Block 176-177-198-199. as any other interested party, to show natural gas reserves since speculators Ship Shoal Block 208-209-214-215-233. cause why the gas reserves data in ques­ could equally benefit with those pro-' Ship Shoal Blocks 28-19-27. Timbalier, ¡Louth Block 172-164-165-173-166- tion should either be (1) retained on a ducers willing to make geological and m. fidential treatment, (5) disclosed to other geophysical expenditures. Exploration Verm ilion B lock 14. (3) disclosed to any committee or sub­ and development of new gas reserves is Vermilion Block 39-38-42. committee of Congress without restric­ already a highly risky enterprise. To add Vermilion Block 66-76-57. tion, (4) disclosed to any committee or to the geological and financial uncer­ S maller Offshore Fields subcommittee of Congress subject to con­ tainty involved the additional risk that fidential treatment, (5) disclosed to other Cameron, East Block 24-23. Eugene Island Blocks 231-214-230. Federal agencies without restriction, or B Significantly, the Freedom of Information Ship Shoal Block 222. (6) disclosed to other Federal agencies Act, 15 U.S.C. Section 552(b)(9), recognizes Verm ilion Block 16. subject to confidentiality. On August 1, that agencies should not be required to make 1973, we treated Mr. Halverson’s appli­ available to the public such information as In his memorandum filed in support of cation as a petition to intervene in this “geological and geophysical information and the application, Mr. Halverson makes it data, including maps, concerning wells.” Moreover, the legislative history of that Act clear that the FTC seeks only “estimates, 4 Order o f June 22, 1973, D ocket No. 405. reflects testimony to the effect that: not the detailed records and worksheets

FEDERAL REGISTER. VOL. 38. NO . 208— TUESDAY, OCTOBER 30, 1973 29914 NOTICES on which the estimates are based, relat­ the Federal Trade Commission Act, to reau of Competition, to examine and copy ing to 24 fields only.” * the fun extent assured by Mr. Halver­ by hand the reserve estimates for the 24 At the outset, it should be noted that son’s memorandum in support of the fields heretofore listed, subject to the not all of the estimates for the twenty- application: conditions imposed above. four fields in question were “developed The estimates requested from the Power The Commission orders by the Federal Power Commission”, as Commission are for use in the Federal Trade assumed by Halverson’s application. As Commission’s nonpublic investigation of the (A) All natural gas reserves data re­ Dr. Paul J. Root, Technical Director of American Gas Association et aL and will be ceived in connection with the National the National Gas Survey, advised Mr. accorded the confidential treatment pro­ Gas Reserves Study will, unless otherwise Lytle by letter of June 29,1973, the Com­ vided for in the Commission’s Rules of Prac­ tice, § 4.10. Under Section 10 of the Federal ordered by this Commission, be main­ mission’s staff participated in making the Trade Commission Act, any officer or em­ tained on a confidential basis, subject to reserve estimates for only ten of the ployee who makes these estimates public, the formal demands or process of Con­ twenty-four fields involved.7 Reserve esti­ without authority of the Commission or di­ gress or any authorized committee or mates for the other fourteen fields were rection by a court, shall be deemed guilty subcommittee thereof. made exclusively by the United States of a misdemeanor. Additionally, the Com­ (B) Within 10 days from the date of Geological Survey (USGS). mission has extended a separate commit­ this order, the Technical Director of the Nevertheless, we have concluded that ment of confidentiality for these estimates (attachment 4) .* This commitment does not National Gas Survey is authorized to permitting Mr. Lytle to examine and prevent the Commission from providing the permit Theodore L. Lytle, Jr., an attor­ copy the estimates for all twenty-four estimates upon request to any authorized ney for the FTC’s Bureau of Competi­ fields would not be inconsistent with the congressional committee or subcommittee, tion, to examine and copy by hand the public interest, provided that certain or to a court pursuant to compulsory proc­ reserves estimates for the 24 fields here­ conditions of confidentiality are scru­ ess. Nor does it encompass disclosures of con­ tofore listed, subject to the conditions pulously observed. clusions based on the estimates. This com­ imposed above. mitment provides that the Commission will First, Mr. Lytle, and any other em­ not disclose the estimates without first giv­ By the Commission.8 ployee of the FTC staff, shall be subject ing the Federal Power Commission ten days to all prohibitions against disclosure as advance notice. Prior notice, but not neces­ [seal] K enneth F. Plumb, set forth in our order of December 21, sarily ten days notice, is guaranteed if the Secretary. 1971, as amended by order of March 9, estimates are requested by a congressional [FR Doc.73-23051 Filed 10-29-73;3:45 am] 1972, and all relevant provisions of the committee, subcommittee or a court. Natural Gas Act and the Freedom of In­ * * * * * formation Act. In particular, Mr. Lytle, On the other hand, the confidentiality [D ocket No. c m -2 5 1 ] and such other FTC employees, shall be that would be extended to these esti­ AMOCO PRODUCTION CO. bound, like any member of this Com­ mates by the Federal Trade Commission mission’s staff, to comply with section is in fact farther reaching than that Notice of Application 8 (b ) of the Natural Gas Act, 15 UJ3.C. given by the Federal Power Commission. O ctober 23,1973. section 717g, which prohibits divulgence Our commitment prohibits any type of Take notice that on October 15, 1973, of “any fact or information which may disclosure, public or otherwise, without Amoco Production Co. (Applicant), 200 come to his knowledge during the course advance notice to the parties involved. East Randolph Drive, Chicago, Illinois of examination of books, records, data, Finally, while we will permit examina­ 60601, filed in Docket No. CI74-251 an or accounts, except insofar as he may tion of the estimates in question and application pursuant to section 7(c) of be directed by the Commission or by a copying by handwriting, we will not the Natural Gas Act for a certificate of court.” Moreover, the Freedom of Infor­ permit any reproduction and duplica­ public convenience and necessity author­ mation Act is applicable to the extent it tion of the documents in question. limits disclosure of confidential financial izing the sale for resale and delivery of or commercial information and geologi­ We must emphasize that our willing­ natural gas in interstate commerce to cal and geophysical information con­ ness to make a limited disclosure to the Northern Natural Gas Company (North­ cerning wells. 5 U.S.C. 557(b) (4) Federal Trade Commission is based upon ern) from the Gomez Field, Pecos County and (9 ). a sincere belief that the Federal Trade Texas, all as more fully set forth in the Commission will scrupulously abide by application which is on file with the Com­ Secondly, Mr. Lytle’s examination of its assurance of confidentiality. F u lfill - mission and open to public inspection. the estimates in question shall be condi­ ment of that commitment is absolutely Applicant proposes to sell to Northern tioned upon strict adherence to the imperative if we are to protect competi­ from the Gomez Field an average daily FTC’s rules of practice and section 10 of tion within the industry, encourage ex­ volume up to 20,000 Mcf of gas-well-gas ploration and development for new re­ for two years at 45.0 cents per Mcf at •Memorandum of the Director, Bureau of serves, and protect the proprietary 14.65 p.s.i.a. subject to upward and Competition, Federal Trade Commission, In rights of those whose reserves are downward Btu adjustment within the Support of Petition for Access £o Certain invblved. Records of the Federal Power Commission, contemplation of § 2.70 of the Commis­ filed on August 16, 1973, In th is docket. The Commission finds sion's General Policy and Interpretations 7 Independent reserve teams, composed of (18 CFR 2.70). Applicant estimates members of the Commission’s staff and other (1) All natural gas reserves data re­ monthly sales o f gas at 4,320 M cf. professional personnel, made reserve esti­ ceived in connection with the National It appears reasonable and consistent mates for the following major offshore fields: Gas Reserves Study should, unless other­ with the public interest in this case to Coon Point and Ship Shoal Blocks 39-26 wise ordered by this Commission, be prescribe a period shorter than 15 days . Marsh Island—Mound Point maintained on a confidential basis, sub­ for the filing of protests and petitions Rabbit Island ject to the formal demands or process of Ship Shoal Blocks 28-19-27 to intervene. Therefore, any person de­ Independent reserve teams also made reserve Congress or any authorized committee or siring to be heard or to make any protest estimates for the following smaller offshore subcommittee thereof. with reference to said application should field s: (2) Upon expiration of 10 days fr6m on or before November 2, 1973, file with Cameron, East Block 24-23 the date of this order, the Technical Di­ the Federal Power Commission, Wash­ Eugene Island Blocks 231-214-230 rector of the National Gas Survey should ington, D.C. 20426, a petition to inter­ Ship Shoal Block 222 be authorized to permit Theodore L. Vermilion Block 16 vene or a protest in accordance with the Lytle, Jr., an attorney for the FTC’s Bu- Reserve estimates for Marsh Island, South- requirements of the Commission’s rules Mound Point were made jointly by the in­ of practice and procedure (18 CFR 1.8 dependent reserve teams and the USGS. Es­ * Attachment 4, a letter from Charles A. timates for the state portion of Vermilion Tobin, Secretary of the Federal Trade Com­ Block 14 were made by the independent re­ mission, to Mary B. Kidd, Acting Secretary 8 Commissioner Moody, dissenting, filed a serve teams, while the federal portion of of the Federal Power Commission, was filed separate statement filed with the original that field was estimated by the USGS. with the original. docum ent.

FEDERAL REGISTER, VÔL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 NOTICES 29915 or 1.10). All protests filed with the Com­ operation of two mine-mouth electric Room 1000, 825 North Capitol Street NE., mission will be considered by it in deter­ generating plants. Washington, D.C. 20426, and at its R e­ mining the appropriate action to be taken Short-term unsecured promissory gional Office located at San Francisco, but will not serve to make the protes­ notes are to be issued from time to time California. Copies may be ordered from tants parties to the proceeding. Any per­ to banking institutions and/or sold to or the National Technical Information son wishing to become a party to a pro­ through dealers in commercial paper of Service, Department of Commerce, ceeding or to participate as a party hi which the aggregate amount to be out­ Springfield, Virginia 22151. any hearing therein must file a peti­ standing at any one time as commer­ The raising of Ross Reservoir to an tion to intervene in accordance with the cial paper is not to exceed 25 percent of elevation of 1,725 feet M.s.l. represents Commission’s rules. the Applicant’s gross revenues during the the final stage in development of this Take further notice that, pursuant to preceding twelve months. Short-term dam as part of the Skagit River Project the authority contained in and subject to unsecured promissory notes in the form as contemplated when the original li­ jurisdiction conferred upon the Federal of commercial paper will mature in no cense was issued in 1927, and would pro­ Power Commission by sections 7 and 15 more than 270 days and all other such vide the applicant an additional 333,000,- of the Natural Gas Act and the Com­ notes will have maturities of up to one 000 kwh of electric energy annually, on mission’s rules of practice and procedure, year from the date o f issuance. the average, and 272 megawatts o f de­ à hearing will be held without further The proceeds .from the issuance of pendable generating capacity. notice before the Commission on this ap­ short-term unsecured promissory notes At the new reservoir level, approxi­ plication if no petition to intervene is will be used to provide funds for current mately 5,200 acres o f Canadian lands filed within the time required herein, if corporate transactions, including in­ within the Province of British Columbia the Commission on its own review of the terim financing of the Applicant’s con­ would be flooded. The 1,725 feet M.s.l. ele­ matter finds that a grant of the certifi­ struction expenditures expected to total vation of Ross Reservoir was authorized cate is required by the public convenience approximately $215 million in 1973 and by the International Joint Commission between $275 million and $300 million in on January 27, 1942, subject to a com ­ and necessity. If a petition for leave to pensatory indemnification agreement be­ intervene is timely filed, or if the Com­ each of the years 1974 and 1975. mission on its own motion believes that Any person desiring to be heard or to tween the City of Seattle and the Prov­ a formal hearing is required, further make any protest with reference to said ince of British Columbia. Said agreement notice of such hearing will be duly given. application should on or before Novem­ was reached in January o f 1967 for a ber 10, 1973, file with the Federal Power term of 99 years. Applicant now seeks Under the procedure herein provided Commission, W ashington, D.C., 20426, Commission approval as required by Li­ for, unless otherwise advised, it will be petitions or protests in accordance with cense Article No. 6. unnecessary for Applicant to appear or the requirements of the Commission’s Arty person who wishes to do so may be represented at the hearing. rules of practice and procedure (18 CFR file comments on the staff draft state­ K enneth F. Plumb, 1.8 or 1.10). All protests filed with the ment for the Commission’s consideration. Secretary. Commission will be considered by it in All comments must be filed on or before [PR Doc. 73-22986 Plied 10-29-73;8:45 am] determining the appropriate action to be December 10,1973. taken but will not serve to make the Any person who wishes to present evi­ Protestants parties to the proceeding or dence regarding environmental matters [Docket No. E-7476] to participate as a party in any hearing in this proceeding must file with the BALTIMORE GAS AND ELECTRIC CO. therein must file petitions to intervene Commission a petition to intervene pur­ in accordance with the Commission’s suant to § 1.8 of the Commission's rules Notice of Application rules. The application is on file with the of practice and procedure. Petitioners O ctober 23,1973. Commission and is available for public must also file timely comments on the Take notice that on October 12, 1973, inspection. draft statement in accordance with § 2.81 Baltimore Gas and Electric Company K enneth F. Plumb, (c) of Order No. 415-C. (Applicant), filed a Supplemental Ap­ Secretary. All petitions to intervene must be filed plication with the Federal Power Com­ [FR Doc.73-23028 FUed 10-29-73;8:45 am] on or before-Decem ber 8, 1973. mission seeking authority to increase to K enneth F. Plumb, $110 million the amount of short-term Secretary. [Project No. 553-Washing ton (Skagit River) ] unsecured promissory notes, including [FR Doc.73-23028 Filed 10-29-73;8:45 am] commercial paper notes, which it may CITY OF SEATTLE, WASHINGTON have outstanding at any one time and to Notice of Availability of Draft extend to December 31, 1975, the latest Environmental Impact Statement COLORADO INTERSTATE GAS CO. AND maturity date .of notes to be issued pur­ COLORADO INTERSTATE CORP. suant thereto. Notice is hereby given in the captioned Project, that on October 24, 1973, aS re­ Notice of Proposed Changes in FPC Gas The Commission authorized the issu­ Tariff ance of short-term unsecured promis­ quired by § 2.81(b) of Commission Order No. 415-C, a draft environmental state­ October 18, 1973. sory notes by the Applicant in its order ment prepared by the Staff of the Federal dated June 13, 1969, and supplemental Take notice that Colorado Interstate Power Commission was made available Gas Company, a division of Colorado orders dated September 24, 1970, and for comments. This statement deals with December 22, 1972. In the supplemental Interstate Corporation (CIG), on Octo­ the environmental impact of an appli­ ber 1, 1973, tendered for filing proposed order dated December 22,1972, the Com­ cation for amendment of license which mission authorized the Applicant to issue changes in its FPC Gas Tariff, Second would permit the applicant to raise the Revised Volume No. 2. CIG proposes to short-term unsecured promissory notes height of Ross Dam by about 121 feet in face amounts of up to a maximum of cancel Rate Schedule X-38 which pro­ and to raise the normal full pool eleva­ vides for a short-term exchange of gas $100 million with maturities not later tion of Ross Reservoir to elevation 1,725 than December 31,1974. between CIG and Mountain Fuel Supply feet M.s.l., which would increase the res­ Company (Mountain Fuel). Applicant is incorporated under the ervoir area from 11,680 acres to 20,000 CIG asserts that the short-term gas laws of the State of Maryland with its acres. exchange performed under Rate Sched­ principal business office at Baltimore, This statement has been circulated for ule X-38 was authorized by the Commis­ Maryland, and is engaged in the electric, comments to Federal, State and local sion on November 16, 1970, as amended gas and steam utility businesses within agencies, has been placed in the public November 2, 1971, in Docket Nos CP71- the State of Maryland. The Applicant files of the Commission, and is available 29 and CP71-49. On November 1, 1973, has qualified to do business also in the for public inspection both in the Com­ Rate Schedule X-38 will terminate by its Commonwealth of Pennsylvania where own terms and there is no further need it is participating in the ownership and mission’s Office of Public Information,

FEDERAL REGISTER. VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29916 NOTIGES for it. Therefore, CIG proposes to can­ rent estimated production volumes of New Smyrna Beach, Florida. cel the rate schedule effective Novem­ 288,600 Mcf per day as modified from Orlando, Florida. ber 5, 1973. the original 250,000 Mcf per day esti­ Quincy, Florida. St. Cloud, Florida. CIG states that Mountain Fuel was mate and based upon current costs, the Sebring, Florida. mailed a copy of the cancellating filing. estimated average unit cost of the syn­ Starke, Florida. Any person desiring to be heard or to thetic gas to be produced is estimated at Tallahassee, Florida. protest said filing should file a petition $1.17 per Mcf over the planned 25-year Vero Beach, Florida. to intervene, unless such petition has life of the project, a change from the Wauchula, Florida. been filed previously, or protest with the $1.21 per M cf originally estimated. Ap­ Federal Power . Commission, 825 North plicant states that the projected eco­ Any party wishing to comment or pro­ Capitol Street NE., Washington, D.C. nomic impact of the project on Appli­ test such withdrawal should file com­ 20426, in accordance with §§ 1.8 and 1.10 cant’s Southern Division System’s aver­ ments or protests in writing with the Fed­ of the Commission’s rules of practice age cost of service is currently estimated eral Power Commission, 825 North Capi­ and procedure (18 CFR 1.8, 1.10>. All at 9 cents per Mcf during the first year of tol Street NE., Washington, D.C. 20426, such petitions or protests should be filed operation an increase from the 6 cents no later than October 30,1973, in accord­ on or before October 29, 1973. Protests per Mcf originally projected. ance with §§ 1.8 and 1.10 of the Commis­ will be considered by the Commission in The instant supplement also presents sion’s rules of practice and procedure (18 determining the appropriate action to be updated data with respect to location CFR 1.8, 1.10). Protests will be consid­ taken but will not serve to make pro­ of facilities, flow diagrams, markets, rev­ ered by the Commission in determining testants parties to the proceeding. Any enues, expenses, income, tariffs, mining the appropriate action to be taken, but person wishing to become a party must plan, plant description and cost, and will not serve to make protestants parties file a petition to intervene. Copies of ¿his synthetic gas purchase and sale to the proceeding. Any person wishing to filing are on file with the Commission agreements. become a party must file a petition to in­ and are available for public inspection. Any person desiring to be heard or to tervene. Copies of this withdrawal are make any protest with reference to said on file with the Commission and are K enneth F. Plumb, available for public inspection. Secretary. supplement should on or before Novem­ ber 12, 1973, file with the Federal Power K enneth F. P lumb, [FR Doc.73-23019 Filed 10-29-73;8:45 am] Commission, W ashington, D.C. 20426, a Secretary. petition to intervene or a protest in ac­ [FR Doc.73-23015 Filed 10-29-73;8:45 am] [Docket NO. CP73—131] cordance with the requirements of the Commission’s rules of practice and pro­ EL PASO NATURAL GAS CO. cedure (18 CFR 1.8 or 1.10). All protests [Docket No. CI74-46] Notice of Supplement to Application filed with the Commission will be con­ GLENWOOD, INC. O ctober 18, 1973. sidered by it in determining the appro­ priate action to be taken but will not Order Granting Intervention, Setting Take notice that on October 9, 1973, serve to make the protestants parties to Hearing Date and Prescribing Procedure El Paso Natural Gas Co. (Applicant), P.O. Box 1492, El Paso, Texas 79978, filed the proceeding. Any person wishing to O ctober 17,1973. in Docket No. CP73-131 a second sup­ become a party to a proceeding or to On July 23,1973, Glenwood, Inc. ,(Glen- plement to its application filed in said participate as a party in any hearing wood) filed in Docket No. CI74-46 an ap­ docket on November 15, 1972, pursuant therein must file a petition to intervene plication requesting issuance of a lim­ to section 7(c) of the Natural Gas Act in accordance with the Commission’s ited term certificate of public conven­ for a certificate of public convenience rules. Persons who have heretofore filed ience and necessity with pre-granted and necessity authorizing the construc­ protests and petitions to intervene need abandonment authority, pursuant to sec­ tion and operation of a tap and valve as­ not file again. tion 7(c) of the Natural Gas Act and the sembly and synthetic gas purchase K enneth F. Plumb, Commission’s regulations thereunder, for meter station on Applicant’s Southern Secretary. the sale of gas to Panhandle Eastern Division System’s 34-inch O.D. San Juan [FR Doc.73-23037 Filed 10-29-73;8:45 am] Pipe Line Company (Panhandle) from mainline in San Juan County, New Mex­ acreage located in Seward County, Kan­ ico, and the transportation of synthetic sas (Hugoton-Anadarko Area). pipeline gas produced from coal and [Docket No. R-463] Specifically, Glenwood proposes to sell commingled with natural gas, all as FLORIDA MUNICIPAL UTILITIES and deliver to Panhandle approximately more fully set forth in the supplement ASSOCIATION 22,500 Mcf per month for two years pur­ to the application which is cm file with suant to a contract dated June 12, 1973, the Commission and open to public Notice of Withdrawal of Specified Appli­ at a proposed rate of 50.0 cents per Mcf, inspection. cants From Joint Application for Re­ subject to upward and downward B.t.u. Applicant states that the purpose of hearing and Petition To Intervene adjustment from 1000 B.t.u.’s. this supplement is to provide updated O ctober 19,1973. Glenwood commenced 60 day emer­ information on and to clarify further Take notice that on September 20,1973, gency deliveries to Panhandle on July 24, various technical and economic features the follow ing associations and cities with­ 1973, pursuant to § 157.29 o f the Regu­ of the proposed Burnham Coal Gasifica­ draw from the “Application for Rehear­ lations. This sale expired on Septem­ tion Project as changed since the filing ing of Order No. 487 and Petition to ber 22, 1973. of the certificate application on Novem­ Intervene of Customer Owned Systems” Glenwood, in its application, has re­ ber 15,1972, and not reflected in the first filed on August 16,1973 : quested that the intermediate decision be supplement thereto filed February 26, omitted, that oral hearing be waived and Florida Municipal Utilities Association. 1973. Applieant states that said applica­ Blounts town, Florida. that the application be heard under the tion should be viewed in light of the up­ Clewiston, Florida. shortened procedure afforded by § 1.32 of dated schedules and information relat­ Fort Pierce, Florida. the Commission’s rules of practice and ing to original capital, operating and Gainesville, Florida. procedure. maintenance cost estimates as presented Green Cove Springs, Florida. A petition to intervene in support of in the supplement. Applicant states that Havana, Florida. the application was filed by Panhandle on the present estimated cost of the pro­ Jacksonville, Florida. August 8, 1973. posed jurisdictional facility is estimated Jacksonville Beach, Florida. The application in this proceeding rep­ Key W est, Florida. at $809,143 an increase from tlTe $670,170 Kissimmee, Florida. resents a sizeable volume of gas poten­ original estimate. Lake Worth, Florida. tially available to the interstate market. Applicant further states that updated Lakeland, Florida. It is o f critical importance that interstate market data indicate that, based on cur­ Moore Haven, Florida. pipelines procure emergency supplies of

FEDERAL REGISTER, V O L 38, NO . 208— TUESDAY, OCTOBER 30, 1973 NOTICES 29917 gas to avoid disruption of service to con­ file with the Commission and serve upon rates as are presently charged under the sumers, nevertheless, we must determine all parties, including Commission Staff, fixed rate contract are in the public in­ whether the rate to be paid serves the their testimony and exhibits in support terest. The Commission ordered that the public convenience and necessity. It is of their position. Company’s proposed rates should be therefore necessary that this application (E) An Administrative Law Judge to made effective on June 15, 1973, as “ ini­ be set for public hearing and expeditious be designated by the Chief Administra­ tial rates” as to deliveries in excess of the determination. The hearing will be held tive Law Judge—See Delegation of Au­ maximum contractual commitment as to allow presentation, cross-examination, thority, 18 CFR 3.5(d)—shall preside at, provided in Robertson’s fixed rate con­ anc\ rebuttal of evidence by any partici­ and control this proceeding in accord­ tract, £Ehd instituted an investigation pant. This evidence should be directed to ance with the policies expressed in the under section 206 as to whether these the issue of whether the present or fu­ Commission’s rules of practice and pro­ rates are in the public interest. ture public convenience and necessity re­ cedure and the purposes expressed in this On September 14, 1973, Gulf States quires issuance of a limited-term certifi­ order. filed with the Commission a “Motion To Correct Record” (Motion) in which it cate on the terms proposed in that appli­ By the Commission. cation. alleges that as a result of examination We take further note, however, that [seal] K enneth F. Plumb, of its files * * *. the Commission in a number of recent Secretary. It has been determined that the record orders has already held that an emer­ [FR Doc.73-23030 Filed 10-29-73:8:45 am] in this proceeding and the prior orders herein gency exists on Panhandle’s system. See are in error to the extent that they do not Anadarko Production C o.,_____ FPC reflect that the contract between Gulf States [Docket No. E-8121] and Robertson dated April 7, 1955, as here- ______Docket No. CI73-937, issued Sep­ tobefore extended by the parties, which was tember 17, 1973. We, therefore, conclude GULF STATES UTILITIES CO. duly filed and accepted for filing by the that there is an emergency on Panhan­ Notice of Extension of Time and Postpone­ Federal Power Commission as Rate Schedule dle’s system which would warrant the is­ ment of Prehearing Conference and Number 87, does contain in Article V a suance of a certificate if the price con­ Hearing specific contractual provision providing for forms to the public convenience and unilateral increase of rate upon order of necessity. O ctober 19, 1973. regulatory commission. Such paragraph, as On October 16, 1973, the Interveners, will appear in the original copy of the con­ The Commission finds. Sam Raybum Dam Electric Cooperative, tract filed in the original proceeding regard­ ing such Rate Schedule Number 87, is as (1) The intervention of Panhandle in the City of Caldwell, Houston County follow s: this proceeding may be in the public Cooperative, and the Town of Welsh filed “If a rate increase or decrease should be interest. a motion requesting a postponement of made applicable to the class of service fur­ (2) It is necessary and proper in the the procedural dates fixed by order issued nished hereunder, by the Company, or by public interest and to aid in the en­ June 14, 1973. The motion states that all order or permission of any regulatory body forcement of the provisions of the Na­ parties, including Gulf States Utilities having jurisdiction thereof, such increased tural Gas Act that the issues in this pro­ Co., and the Staff concur in the motion. or decreased rates shall be applicable to the ceeding be scheduled for hearing in ac­ service rendered hereunder from and after Upon consideration, notice is hereby the effective date of such rate change.” cordance with the procedures set forth given that the procedural dates are modi­ A copy of Article V of such original con­ below. fied as follows: tract as contained in the corporate files to The Commission orders. Prehearing Conference, November 20, 1973 Gulf States is attached hereto as Exhibit A. (10:00 am ., E.s.t.). (A) Applicant’s request that the in­ Service of Interveners’ testimony, Novem­ The quoted contract provision, accord­ termediate decision be omitted, that oral ber 30, 1973. ing to Gulf States, permits a unilateral hearing be waived and that the appli­ Company Rebuttal Date, December 7,1973. increase pursuant to Commission order cation be heard under the shortened Hearing, January 3, 1974 (10:00 a.m., ejs.t.). and would therefore permit the rate in­ procedure afforded by § 1.32 o f the Com­ crease sought in this proceeding to be K enneth F. Plumb, mission’s rules of practice and proce­ Secretary. applied to Robertson. Gulf States moves dure is not in the public interest and is that the record in this proceeding be cor­ hereby denied. [FR Doc.73-23023 Filed 10-29-73:8:45 am] rected to reflect the contract provision (B) Panhandle is hereby permitted to which Gulf States alleges was inad­ intervene in this proceeding, subject to [Docket No. E-8121] vertently overlooked heretofore and that the rules and regulations of the Commis­ the Commission correct the prior orders sion: Provided, however, That the par­ GULF STATES UTILITIES CO. issued in this proceeding to reflect such ticipation of such intervener shall be lim­ Order Denying Motion To Correct Record, contract provision. ited to matters affecting asserted rights , Accepting Superseding Contract, and On September 21,1973, an “Opposition and interests as specifically set forth in Permitting Rate Increase To Become To Motion To Correct Record” was filed said petition for leave to intervene: And Effective by Mid-South Electric Cooperative Asso­ Provided, further, That the admission of ' October 19, 1973. ciation (Mid-South) and Robertson said intervener shall not be construed as On April 10, 1973, G ulf States Utilities (hereinafter referred to as the Coopera­ recognition by the Commission that it Company (Gulf States) tendered for fil­ tives) . In their opposition, the Coopera­ might be aggrieved by any order or orders ing revised rate schedules for certain tives state that counsel for the Coopera­ of the Commission mitered in this municipal and cooperative customers. tives examined FPC Electric Rate proceeding. One of the revised rate schedules was Schedule No. 87 in the files of the (C> Pursuant to the authority of the proposed to replace the schedule pres­ Commission and found that the al­ Natural Gas Act, particularly sections 7 ently applicable to Robertson Electric leged paragraph quoted from .Arti­ and 15 thereof, the Commission’s rules of Cooperative, Incorporated (Robertson). cle V of the Contract and set practice and procedure, and the regula­ The Commission, by order issued June forth as the third paragraph of tions under the Natural Gas Act, a pub­ 14, 1973, held, inter alia, that the con­ Article V, attached as Exhibit A to the lic hearing shall be held on November 6, tract between Robertson and Gulf States Motion, is not contained in Article V or 1973, at 10:00 am. (e.s.t.) in a hearing is a fixed rate contract and the rates in any other article of the contract room of the Federal Power Commission, therein could not be changed by a uni­ which constitutes FPC Electric Rate 825 North Capitol Street NE., Washing­ lateral filing pursuant to section 205 of Schedule No. 87 in the Commission's files. ton, D.C. 20426, concerning the issue o f the Federal Power Act.1 The Commis­ The Cooperatives contend that the lan­ whether certificates of public conven­ sion instituted an investigation under guage contained in the Article V on file ience and necessity should be granted as section 206 of the Act as to whether such with the Commission is identical, with requested by the applicants. the language contained in the first two (D) On or before October 29, 1973, i See Federal Power Commission v. Sierra paragraphs of the Article V quoted in Glenwood and any supporting party shall Pacific Power Co., 350 U.S. 348 (1956)1 Exhibit A, but is limited to those two

FEDERAL REGISTER, V O L 38, NO . 208— TUESDAY, OCTOBER 30, 1973 No. 208—Ft. I---- 7 29918 NOTICES

paragraphs. Accordingly, the Coopera­ tral contention that this is a true copy of beginning December 31, 1973, for vary­ tives request that the Motion be denied. the original agreement, we shall permit ing periods o f time, but no note issued On September 28, 1973, Gulf States the cdpy of the contract as proffered by to a commercial bank will have a ma­ filed a document entitled “Supplemental Gulf States in its Supplemental Motion, turity of more than one year from the Motion To Correct Record, Response To to be effective as of October 29, 1973 date o f its issuance and no note issued Opposition Filed, and Motion To Sub­ (thirty days after filing) as a supersed­ to commercial paper dealers will have a stitute Correct Contract In Permanent ing copy of the contract as originally maturity of more than nine months from Files of FPC” (Supplemental Motion). filed. Such filing shall be effective pro­ the date of its issuance. In no event shall In the Supplemental Motion, the Com­ spectively so as to permit Gulf States’ any such notes have a maturity after pany states that its original Motion was rate increase proposed in this docket to December 31, 1975r prepared and filed on the basis of an become effective, subject to refund, for The proceeds from the Notes will be examination of the contract records of all amounts of deliveries to Robertson added to the general funds of the Appli­ the Company and that Gulf States has as of October 29,1973. cant and will be used, among other not had the opportunity to directly re­ The Commission finds. things, to provide part of the interim view the files of the Commission. Gulf funds for current construction expendi­ States’ Supplemental Motion goes on to (1) The Motion To Correct Record tures made and to be made. The prelim­ state: and the Supplemental Motion filed by inary estimated total for 1974 construc­ Gulf States should be denied. “After an exhaustive search of the Gulf tion is $170,000,000. (2) The copy of the contract proffered Any person desiring to be heard or to States files, it now appears that the original by Gulf States in its Supplemental Mo­ rate filing with regard to Robertson was make any protest with reference to said made by transmittal letter dated July 8, tion should be accepted to be effective application should on or before Novem­ 1955. At that tipae, a conformed copy only prospectively as a superseding copy of ber 9, 1973, file with the Federal Power was supplied to the FPC, and it now appears the originally filed contract. Commission, 825 North Capitol Street that in the preparation of the conformed The Commission orders. NE., W ashington, D.C. 20426, petitions or copy so forwarded to the FPC in 1955, an earlier form of mimeographed contract was (A) The Motion To Correct Record protests in accordance with the require­ used to prepare the conformed copy rather and the Supplemental Motion filed by ments of the Commission’s rules of prac­ than the actual contract form which had Gulf States is denied. tice and procedure (18 CFR 1.8 and 1.10). been executed between the parties. A dupli­ (B) The copy of Gulf States contract All protests filed with the Comitiission cating process was not used and the con­ with Robertson proffered with the Com­ will be considered by it in determining formed copy was apparently independently pany’s Supplemental Motion is hereby the appropriate action to be taken but produced from a separate, older set of con­ will not serve to make the protestants tra ct form s. accepted to become effective as a super­ seding copy of the contract as of Octo­ parties to the proceeding. Persons wish­ Attached hereto is a certified copy of the ing to become parties to a proceeding executed, original contract contained in the ber 29, 1973, thirty days from filing. permanent corporate records of Gulf States, (C) The rate increase proposed in this or to participate as a party in any hear­ bearing the approval of the REA. The origi­ docket by G ulf States on April 10, 1973 ing therein must file petitions to inter­ nal copy of this contract in the corporate shall become effective, subject to refund vene in accordance with the Commis­ files of Gulf States, a true photocopy of pending the outcome of the proceeding sion’s rules. The application is on file which is attached, contains the original sig­ in this docket, as to all deliveries made with the Commission and available for natures of the respective parties, as well as public inspection. the original signature of the REA officer. under the superseding contract as of its effective date o f October 29, 1973. Kenneth F.' Plumb, Gulf States moves that the record in (D) The Secretary shall cause prompt Secretary. this proceeding, and the. originally filed publication of this order in the Federal [FR Doc.73-22987 Filed 10-29-73;8:45 am] contract be corrected to reflect what R egister. Gulf States contends are the actual con­ By the Commission. tract provisions and that the Commission [Docket No. E-8419] correct the prior orders issiied in this [seal] K enneth F. Plumb, proceeding to reflect those actual con­ Secretary. ILLINOIS POWER CO. tract provisions. No response to the Sup­ [FR Doc.73-23029 Filed 10-29-73;8:45 am] Application for Acquisition of Electric plemental Motion has been received from Facility Robertson. October 18, 1973. [Docket No. E-8416] Our review of the Commission files in­ Take notice that on September 27, dicates that the additional paragraph GULF STATES UTILITIES CO. 1973, Illinois Power Company (IP) of quoted from Article V of the contract, as Notice of Application Decatur, Illinois, filed an application set forth in Exhibit A attached to Gulf seeking, pursuant to section 293 of the States’ Original Motion, is not contained October 23, 1973, Federal Power Act, authorization for the in the contract officially on file with this Take notice that on September 24, purchase and acquisition by IP of certain Commission as Gulf States’ FPC Electric 1973, G ulf States Utilities Company facilities comprising the electric genera­ Rate Schedule No. 87. It is therefore (Applicant) filed an application seeking tion, transmission, distribution and necessary for us to decide whether a doc­ an order pursuant to section 204 of the street lighting systems and related mate­ ument filed by Gulf States as a conform­ Federal Power Act authorizing the is­ rial, supplies and equipment and other ing copy of a contract, which document suance o f $125,000,000 principal amount property (Electric Utility Property) of was accepted by this Commission over of unsecured short-term promissory City of Jacksonville, Illinois (City). Cash, eighteen years ago and under which Notes. accounts receivable, and minor items of Gulf States has since served Robertson, Applicant is incorporated under the personal property are not included in the should now be replaced by a corrected laws of - Texas with its principal business sale. No liabilities o f City will be assumed copy proffered by the Company. Since office at Beaumont, Texas, and is en­ by IP except certain contracts, agree­ the inadvertant filing of an incorrect gaged in the electric utility business in ments, and leases specified in the con­ copy of the contract is an error for which portions of Louisiana and Texas. Natural tract of purchase. only Gulf States can be held responsible, gas is purchased at wholesale and dis­ The purchase price will be $7,216,883. we believe it would be unfair to grant the tributed at retail in the City of Baton The price is subject to certain adjust­ Company’s Supplemental Motion. Never­ Rouge, Louisiana and vicinity. ments for changes in the fixed assets to theless, the copy of the contract attached be acquired (other than for deprecia­ to Gulf States.’ Supplemental Motion ap­ Applicant proposes to issue the Notes to commercial banks and to commercial tion) and in inventory and supplies oc­ pears to bear the proper signatures of curring after September 1, 1973. The the parties and to be otherwise in order. paper dealers. Notes issued to commer­ original cost of the Electric Utility Prop­ Since no response has been received from cial banks and to commercial paper erty at July 31, 1973 is estimated to be Robertson concerning Gulf States’ cen­ dealers will be issued on various dates approximately $6,800,000.

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 NOTICES 29919

By an ordinance adopted on Septem­ kansas Louisiana Gas Company (Arkla), [Project No. 1869] ber 8, 1973, City found that the reten­ all as more fully set forth in the a p p lic a ­ MONTANA POWER CO. tion of ownership of the Electric Utility tion which is on file with the Commission Property was not in the best interest of and open to public inspection. Notice of Application for New Major City, authorized and provided for the Application states that it is authorized License for Constructed Project sale of that property, and directed that to sell and deliver to Arkla up to 3,480 October 19,1973. notice of the proposed sale be published Mcf per day of natural gas for distribu­ Public notice is hereby given that ap­ and advertised. IP has executed and tion to gas consumers at Crossett, Ar­ plication for new license was filed on delivered its bid date September 14,1973, kansas. AppUcant proposes to deliver to January 20, 1972, and supplemented on (which will become the purchase con­ Arkla in accordance with the terms of a June 30, July 20, and November 16, 1972, tract) for the purchase of the Electric contract between the parties dated Au­ under the Federal Power Act (16 U.S.C. Utility Properties at the price set forth gust 8, 1972, up to an additional 500 M cf 791a-825r) by The Montana Power Co. above. per day at an existing delivery point and (Correspondents to: George W. O’Con­ At July 31, 1973, IP served approxi­ Arkla will redeliver the same editorial nor, President, The Montana Power Co., mately 4,733 electric customers within volume of gas to Applicant at an existing 40 East Broadway, Butte, Montana 59701 the corporate limits of City with annual point of interconnection between the two and William R. Coldiron, Vice President sides for the twelve months ended that systems near Sherrill, Arkansas. The pro­ & General Counsel, The Montana Power date of approximately 136.1 m illion kilo­ posal is a straight gas for gas exchange Co., 40 East Broadway, Butte, Montana, watt hours. IP also engages in the dis­ with no monetary consideration to be 59701) for its constructed Thompson tribution and sale of natural gas at re­ paid to or by either party and requires no Falls Project No. 1869, located in Sanders tail within the corporate limits of City. new or additional facilities to be installed County, Montana, near the Cities and At May 31, 1973, City served approxi­ by Applicant. Towns of Missoula, Poison, Superior, and mately 3,000 customers with annual sales Applicant states that the purpose of Thompson Falls, on the Clark Fork River. for the twelve months ended that date the proposed exchange is to comply with The project affects navigable waters, of approximately 90.8 million kilowatt an order of the Arkansas Public Service public lands, and lands of-the United hours. Commission directing Arkla to render ad­ States within the Lolo National Forest. The Electric Utility Property to be ac­ ditional gas service in Crossett, Arkansas. The existing Thompson Falls project quired by IP consists of all of the electric Any person desiring to be heard or to has an installed capacity o f 30,000 kw. operating facilities owned by City. The make any protest with reference to said and consists of: (1) A main dam, a con­ Electric Utility Property is now used by application should on or before Novem­ crete gravity structure about .1,016 feet City as local facilities fo r providing re­ ber 12, 1973, file with the Federal Power long and 54 feet high; (2) a smaller dam tail electric service. City is not a sup­ Commission, Washington, D.C. 20426 a of the same type about 449 feet long and plier of bulk power to and does not trans­ petition to intervene or a protest in ac­ 45 feet high located west of*the main dam mit bulk power for any other utility. cordance with the requirements of the in a dry channel of the river; (3) a res­ Any person desiring to be heard or to Commission’s rules of practice and pro­ ervoir extending 12 miles upstream hav­ make any protest with reference to said cedure (18 CFR 1.8 or 1.10) and the Reg­ ing a usable storage capacity o f 15,000 application should, on or before Octo­ ulations under the Natural Gas Act (18 acre-feet; (4) a rock cut canal about 450 ber 30, 1973, file with the Federal Power CFR 157.10). All protests filed with the feet long and 80 feet wide; (5) six main Commission, W ashington, D.C. 20426, Commission will be considered by it in steel penstocks 14 feet in diameter and petitions to intervene or protests in ac­ determining the appropriate action to be two smaller auxiliary steel penstocks 6.67 cordance with the requirements of the taken but will not serve to make the pro- feet in diameter; (6) a steel frame and Commission’s rules and procedure (18 testants parties to the proceeding. Any CFR 1.8 or 1.10). All protests filed with masonry powerhouse containing six gen­ person wishing tp become a party to a erating units, each rated at 5,000 kw.; the Commission will be considered by it proceeding or to participate as a party in (7) nine transformers, each rated at in determining the appropriate action to any hearing therein must file a petition be taken but will not serve to make the 3750 kv.-a., and nine 6.6/100 kv. step-up to intervene in accordance with the Com­ transformers; and (8) all other facilities Protestants parties to the proceeding. mission’s rules. Persons wishing to become parties to a and interests appurtenant to operation Take further notice that, pursuant to o f the project. proceeding or to participate as a party the authority contained in and subject to in any hearing therein must file petitions According to the application for new the jurisdiction conferred upon the Fed­ license, Applicant plans to modify the to Intervene in accordance with the eral Power Commission by sections 7 and Commission’s rules. The application is on existing project works by the addition of 15 of the Natural Gas Act and the Com­ two 40' by 18' taintor gates and the re­ file with the Commission and is available mission’s rules of practice and procedure, for jpublic inspection. placement of portions of the existing a hearing will be held without further no­ flashboards with timber drop panels. The K enneth F. Plumb, tice before the Commission on this ap­ existing stanchions will be modified to Secretary. plication if no petition to intervene is make them trippable. [PR Doc.73-23017 Piled 10-29-73;8:45 am] filed within the time required herein, if The applicant has not yet provided the the Commission on its own review of the estimated net investment or the esti­ matter finds that a grant of the certifi­ mated severance damages in the event [Docket No. CP74-91] cate is required by the public convenience of takeover at the end of the license MISSISSIPPI RIVER TRANSMISSION and necessity. If a petition for leave to term. The applicant has stated an esti­ CORP. intervene is timely filed, or if the Com­ mated fair value of $12,432,000 as of mission on its own motion believes that December 31, 1975, and states that it Notice of Application pays annual local taxes of $284,308. Ap­ a formal hearing is required, further no­ October 17,1973. plicant’s market for project power is its tice of such hearing will be duly given. Take notice that on October 4, 1973, present service area in Montana. Mississippi River Transmission Corpo­ Under the procedure herein provided Existing recreational developments in­ ration (A pplicant), 9900 Clayton Road, for, unless otherwise advised, it will be clude a community area which has been St. Louis, Missouri 63124, filed in Docket unnecessary for Applicant to appear or developed into a formal park equipped No. CP74-91 an application pursuant to be represented at the hearing. with a picnic shelter and tables. A sec­ section 7(c) of the Natural Gas Act for ond area is being used as a boat launch a certificate of public convenience and . K enneth F. Plumb, site and swimming area. Current esti­ necessity authorizing the exchange of Secretary. mates indicate that the project now has natural gas between Applicant and Ar­ [FR Doc.73-23033 Hied 10-29-73;8:45 am] about 2,700 daytime visitations annually

FEDERAL REGISTER, V O L 38, N O . 208— TUESDAY, OCTOBER 30, 1973 29920 NOTICES

by the public in pursuing recreational cordance with the Commission’s rules of Commission’s rules o f practice and pro­ activities such as swimming, boating, practice and procedure (18 CFR 1.8 or cedure (18 CFR 1.8 or 1.10) and the picnicking, fishing, water skiing, and 1.10) and the regulations under the Nat­ regulations under the Natural Gas Act hunting. ural Gas Act (18 CFR 157.10). All pro­ (18 CFR 157.10). All protests filed with Any person desiring to be heard or,to tests filed with the Commission will be the Commission will be considered by it make protest with reference to said ap­ considered by it in determining the ap­ in determining the appropriation action plication should on or before Decem­ propriate action to be taken but will not to be taken but will not serve to make ber 17, 1973, file with the Federal Power serve to make the protestants parties to the protestants parties to the proceed­ Commission, Washington, D.C. 20426, the proceeding. Any person wishing to ing. Any person wishing to become a petitions to intervene or protests in ac­ become a party to a proceeding or to party to a proceeding or to participate cordance with the requirements of the participate as a party in any hearing as a party in any hearing therein must Commission’s rules of practice and pro­ therein must file a petition to intervene file a petition to intervene in accord­ cedure (18 CFR 1.8 or 1.10) . All protests in accordance with the Commission’s ance with the Commission’s rules. filed with the Commission will be con­ rules. Take further notice that, pursuant to sidered by it in determining the appro­ Take further notice that, pursuant to the authority contained and subject to priate action to be taken but will not the authority contained in and subject the jurisdiction conferred upon the Fed­ serve to make the protestants parties to to the jurisdiction conferred upon the eral Power Commission by sections 7 a proceeding. Persons wishing to become Federal Power Commission by sections and 15 of the Natural Gas Act and the parties to a proceeding or to participate 7 and 15 of the Natural Gas Act and Commission’s rules of practice anc^ pro­ as a party in any hearing therein must the Commission’s rules of practice and cedure, a hearing will be held without file petitions to intervene in accordance procedure, a hearing will be held without further notice before the Commission on with the Commission’s rules. The appli­ further notice before the Commission on this application if no petition to inter­ cation is on file with the Commission this application if no petition to inter­ vene is filed within the time required and available for public inspection. vene is filed within the time required herein, if the Commission on its own K en n eth F . P l u m b , herein, if the Commission on its own review of the matter finds that a grant Secretary. review of the matter finds that a grant of the certificate is required by the pub­ of the certificate is required by the pub­ [FR Doc.73-23021 Filed 10-29-73;8:45 am] lic convenience and necessity. If a peti­ lic convenience and necessity. If a peti­ tion for leave to intervene is timely tion for leave to intervene is timely filed, filed, or if the Commission on its own- [Docket No. CP74-95] or if the Commission on its own motion motion believes that a formal hearing is believes that a formal hearing is re­ required, further notice of such hearing NATURAL GAS PIPELINE CO. OF AMERICA quired, further notice of such hearing will be duly given. Notice of Application will be duly given. Under th e. procedure herein provided Under the procedure herein provided O ctober 17, 1973. for, unless otherwise advised, it will be for, unless otherwise advised, it will be Take notice that October 10,1973, Nat­ unnecessary for Applicant to appear or unnecessary for Applicant to appear or be represented at the hearing. ural Gas Pipeline Company of America be represented at the hearing. (Applicant), 122 South Michigan Ave­ K enn eth F . P lum b, nue, Chicago, Illinois 60603, filed in K en n eth F . P lu m b , Secretary. Docket No. CP74-95 an application pur­ Secretary. [FR Doc.73-23034 Filed 10-29-73; 8:45 am] suant to section 7(c) of the Natural Gas [FR Doc.73-23031 Filed 10-29-73:8:45 am] Act for a certificate of public conven­ ience and necessity authorizing the con­ [Docket No. E-7777] [Docket No. CP74-93] struction and operation of an additional PACIFIC GAS AND ELECTRIC CO. delivery point on Applicant’s 36-inch OKLAHOMA NATURAL GAS CO. , Notice of Extension of Time pipeline in Will County, Illinois, for the Notice of Application delivery of gas to Peoples Gas Light and October 19, 1973. Coke Company (Peoples), an existing re­ O ctober 17, 1973. On October 16, 1973, the Cities of Ala­ sale customer of Applicant, all as more Take notice that on October 5, 1973, meda, Healdsburg, Lodi, Lompoc, Santa fully set forth in the application which Oklahoma Natural Gas Company (Ap­ Clara, and Ukiah, California (Cities) is on file with the Commission and open plicant) , 624 South Boston Avenue, filed a motion for an extension of the to public inspection. Tulsa, Oklahoma 74119, filed in Docket service dates. The motion states that Applicant states that Peoples is con­ No. CP74-93 an application for a certifi­ there is no objection by any of the par­ structing a synthetic natural gas (SNG) cate of public convenience and necessity ties tathe motion. plant in Will County, Illinois, which will authorizing the sale for resale and de­ Upon consideration, notice is hereby require natural gas for initial start-up livery of natural gas in interstate com­ and normal operation thereafter. Appli­ given that the procedural dates are mod­ merce to Cities Service Gas Company ified as follows: cant proposés to construct a 6-inch tap (Cities) at a point of intersection of connection on its existing 36-inch pipe­ their facilities in Oklahoma County, Intervener Service Date, November 13, 1973. line and a measuring facility in Will Oklahoma, all as more fully set forth in Company R ebuttal Service Date, Novem­ ber 27, 1973. County to facilitate natural gas deliveries the application which is on file with the Hearing (not changed) December 4, 1973, to Peoples’ ' SNG plant. No additional Commission and open to public (10:00 a.m., e.s.t.). * sales are ^proposed herein and Applicant .inspection. states that no increase in sales will re­ Applicant proposes to sell for one year K e n n eth F . P lum b, sult from its proposal. Applicant requests up to 40,000 Mcf per day at a rate of 45.0 Secretary. authorization herein to construct and cents per m illion Btu.at 14.65 psia within [FR Doc.73-23022 Filed 10-29-73;8:45 am] operate an additional delivery point to the contemplation of § 2.70 of the Com­ facilitate service to Peoples’ SNG plant. mission’s general policy and interpreta­ The estimated cost of the proposed facili­ tions (18 CFR 2.70). [Docket Nos. CP69-346 and CP69-347] ties is $13,000 which cost will be reim­ Any person desiring to be heard or to PACIFIC GAS TRANSMISSION CO. bursed by Peoples to Applicant. make any protest with reference to said Notice of Petition To Amend Any person desiring to be heard or to application should on or before Novem­ make any protest with reference to said O ctober 23,1973. ber 2, 1973, file with the Federal Power application should on or before Novem­ Take notice that on October 10, 1973, ber 12, 1973, file with the Federal Power Commission, Washington, D.C. 20426, a Pacific Gas Transmission Co. (Peti­ Commission, Washington, D.C. 20426, a petition to intervene or a protest in ac­ tion er), 77 Beale Street, San Francisco, petition to intervene or a protest in ac­ cordance with the requirements of the California 94106, filed in Docket Nos.

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 NOTICES 29921

CP69-346 and CP69-347 a petition to [Docket No. RP73-111] Credit Agreement dated January 1,1973, amend the Commission’s order issued in PACIFIC GAS TRANSMISSION CO. in an aggregate principal amount not ex­ ceeding $45,000,000 at any one time out­ said dockets on March 13, 1970 (43 FPC Order Clarifying Prior Order 418), pursuant to sections 7(c) and 3 of standing; (2) unsecured promissory the Natural Gas Act by authorizing Peti­ O ctober 23, 1973. notes pursuant to a Line of Credit in an tioner to reallocate natural gas trans­ On September 13, 1973, we issued an aggregate principal amount not exceed­ ported for El Paso Natural Gas Co. (El order which initiated an investigation ing $20,000,000 at any one time outstand­ Paso) among various specified delivery under section 5(a) of the Natural Gas ing; and (3) unsecured promissory notes points on Petitioner’s pipeline, all as Act, and established hearing procedures. in the form of Commercial Paper in an more fully set forth in the petition to However, although November 27, 1973, aggregate principal amount not exceed­ amend which is on file with the Commis­ was set as the date for the prehearing ing $40,000,000 at any one time outstand­ sion and available for public inspection. conference, no date was set for a hear­ ing. Such Commercial Paper may be is­ Petitioner is authorized among other ing for purposes of cross-examination. sued to one or more Commercial Paper things, to transport to El Paso’s Cali­ Accordingly, we shall clarify the Septem­ dealers with each note issued as Com­ fornia market natural gas which El Paso ber 13, 1973, order to provide that cross- mercial Paper to be dated the day of is­ imports from Canada. Petitioner seeks examination of the evidence shall com­ suance, to have maturity of not more authorization to reallocate the maximum mence immediately following the con­ than 270 days from the date thereof and daily demands of El Paso’s gas for the clusion of the prehearing conference to be discounted at the rate prevailing various delivery points on Petitioner’s scheduled for November 27, 1973. at the time of issuance for Commercial Paper of comparable quality and matur­ pipeline in Oregon. Petitioner states that The Commission finds. it has been informed by El Paso that the ity. reallocation of deliveries of gas among It is reasonable and appropriate in the Proceeds from the borrowings made various points is necessary in order for public interest and to aid in the enforce­ under the Credit Agreement, the Line of El Paso to provide natural gas service on ment of the Natural Gas Act that our Credit and in the form of Commercial peak days to priority 1 and priority 2 order issued September 13, 1973, in this Paper will be used, in part (1), to tem­ customers during the 1973-74 heating proceeding be clarified as hereinafter porarily finance Applicant’s 1973-1974 season except for 369 M cf of gas per day provided. construction expenditures presently which will be utilized to serve priority 3 The Commission orders. estimated at $404,250,000, and (2) to pay customers from the delivery point lo­ installments of $5,000,000 each on term (A) Our order issued September 13, loans due December 31, 1973, and cated near Madras, Oregon. Petitioner 1973, in this proceeding is hereby clari­ further states that El Paso advises that June 30,1974, under Applicant’s $35,000,- fied to provide that cross-examination of 000 term Credit Agreement dated April 1, none of the gas involved will be used for the evidence shall commence immedi­ boiler fuel under priorities 4 and 5. Peti­ 1968. ately following the conclusion of the pre- The balance of funds required to meet tioner indicates that this proposed revi­ hearing conference scheduled for No­ sion will not increase the total maximum said construction expenditures is ex­ vember 27, 1973. pected to come, in part, from the sale of daily demand under its service agree­ (B) The Secretary shall cause prompt ment of August 21,1961, with El Paso. additional shares of Applicant’s common publication of this order to be made in stock under its Employees’ Stock Pur­ Petitioner indicates that the only the F ederal R eg ister. changes in its facilities that are neces­ chase Plan, from the issuance of sary to effectuate the instant proposal By the Commission. $60,000,000 of its First Mortgage Bonds which Applicant expects to undertake are increased regulating a n d /or relief [ seal] K en n eth F . P lu m b , capacity at the various delivery points. Secretary. in January 1974, and from further per­ Petitioner estimates the cost of such manent financing later in 1974, the changes to be $3,006, and states that [PR Doc.73-23025 Piled 10-29-73;8:45 am] amounts and types of which have not yet these changes will be made pursuant to been determined. existing authorization granted in Docket [Docket No. E-7785, Arndt. 1] Any person desiring to be heard or to No. CP62-59 on July 21, 1971 (46 FPC make any protest with reference to this 207). PACIFIC POWER & LIGHT CO. Amendment No. 1 to the Application Any person desiring to be heard or to Notice of Application should, on or before October 30,1973, file make any protest with reference to said O ctober 18, 1973. with the Federal Power Commission, petition to amend should on or before Take notice that on October 1, 1973, Washington, D.C. 20426, petitions to in­ November 12, 1973, file with the Federal Pacific Power & Light Company (Appli­ tervene or protests in accordance with Power Commission, Washington, D.C. cant) a corporation organized under the the requirements of the Commission’s 20426, a petition to intervene or a pro­ laws of the State of Maine and qualified rules of practices and procedure (18 CFR test in accordance with the requirements to transact business in the States of of the Commission’s rules of practice 1.8 or 1.10). All protests filed with the Oregon, Wyoming, Washington, Cali­ Commission will be considered by it in and procedure (18 CFR 1.8 or 1.10) and fornia, Montana, and Idaho, with its the regulations under the Natural Gas principal business office at Portland, determining the appropriate action to Act (18 CFR 157.10). All protests filed Oregon, filed Amendment No. 1 to its be taken but will not serve to make the with the Commission will be considered application on file with the Federal Power Protestants parties to the proceeding. by it in determining the appropriate ac­ Commission, pursuant to section 204 of tion to be taken but will not serve to Persons wishing to become parties to a the Federal Power Act, seeking a sup­ proceeding or to participate as a party make the Protestants parties to the pro­ plemental order authorizing the issuance ceeding. Any person wishing to become a by Applicant o f an additional $20,000,000 in any hearing therein must file petitions party to a proceeding or to participate as of unsecured promissory notes in the to intervene in accordance with the Com­ a party in any hearing therein must file form of Commercial Paper up to an ag­ mission’s rules. Amendment No. 1 to the a petition to intervene in accordance gregate principal amount not exceeding Application is on file with the Commis- $60,000,000 at any one time outstand­ and available for public inspection. with the Commission’s rules. ing. By order of the Commission issued K e n n eth F . P lu m b , K e n n eth F . P lu m b , December 22, 1972, in the above matter, Secretary. Secretary. Applicant has been authorized to issue [PR Doc.73-23024 Piled 10-29-73;8:45 am] (1) unsecured promissory notes under a [PR DOC.73-23013 PUed 10-29-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29922 NOTICES

[Project No. 309] fort, Kentucky, filed a motion for an filing are on file with the Commission PENNSYLVANIA ELECTRIC CO. extension of the procedural dates. and are available for public inspection. On October 9, 1973, .Public Service Notice of Issuance of Annual License Company of Indiana, Inc., Indianapolis K enneth F. Plumb, October 17,1973. Power and Light Company and Ken­ Secretary. On March 2, 1970, Pennsylvania Elec­ tucky Utilities Company filed an answer [FR Doc.73-23016 Filed 10-29-73;8:45 am] tric Company, Licensee for Piney Devel­ consenting to an extension but for no opment Project No. 309 located on the more than 30 days. [Docket No. CI72-662] Clarion River, Clarion County, Pennsyl­ Upon consideration, notice is hereby vania filed an application for a new li­ given that the procedural dates are mod­ SUN OIL CO. cense under section 15 of the Federal ified as follows: Notice of Petition To Amend Power Act and Commission regulations Service of direct testimony of Frankfort in thereunder (§§16.1-16.6). Docket Nos. E-7669, and E-7937, and serv­ October 17,1973. The license for Project No. 309 was ice of direct testimony of Paris, Kentucky Take notice that on October 5, 1973, issued effective October 13, 1922, for a in D ocket No. E-7669, December 10, 1973. Sun Oil Company (Petitioner), P.O. Box period ending October 12, 1972. In order Service of Commission Staff Testixriony in 2880, Dallas, Texas 75221, filed in Docket Docket Nos. E-7669, E-7937, and E-8053, NO. CI72-662 a petition to amend the or­ to authorize the continued operation of December 24,1973. the project pursuant to section 15 of the Service of testimony of Public Service Com­ der issuing a certificate of public con­ Act pending completion of licensee’s ap­ pany of Indiana, Indianapolis Power and venience and necessity in said docket plication and Commission action thereon Light Company, Kentucky UtiUties Com­ pursuant to section 7 (c) o f the Natural it is appropriate and in the public inter­ pany and East Rural Electric Cooperative Gas Act by authorizing the sale for re­ est to issue an annual license to Penn­ in Docket Nos. E-7669 and E-7937, Jan­ sale and delivery of natural gas in inter­ sylvania Electric Company for continued uary 7, 1974. state commerce to United Gas Pipe line Service of testimony o f Frankfort in Docket Company from the J. W. Prather Well operation and maintenance of Project No. E8053. January 7,1974. No. 309. Service of Rebuttal testimony by Frankfort No. 1, East Dykesville Field, Claiborne Take notice that an annual license is in Docket Nos. E-7669 and E-7937, Janu­ Parish, Louisiana, all as more fully set issued to Pennsylvania Electric Company ary 21, 1974. forth in the petition to amend which is on (Licensee) under section 15 of the Fed­ Service of Rebuttal testimony of Paris in file with the Commission and open to eral Power Act for the period October 13, D ocket No. E-7669, January 21, 1974. • public inspection. 1973, to October 12, 1974, or until Fed­ Rebuttal testimony of Companies, Janu­ Petitioner states, that it is presently eral takeover, or the issuance of a new ary 21, 1974. selling gas from the J. W. Prather Well Prehearing Conference, January 29, 1974 license for the project, whichever comes (10:00 am., es.t.). No. 1 pursuant to the certificate issued in first, for the continued operation and • Cross-Examination, February 5, 1974 (10:00 Docket No. CI72-218 within the contem­ maintenance of the Piney Development a.m., e.s.t.). plation of § 2.70 of the Commission’s Project No. 309, subject to the terms and Mary B. K idd, General Policy and Interpretations <18 conditions of its license. Acting Secretary. CFR 2.70) and proposes to continue said sale within the contemplation of § 2.70 K enneth. F. Plumb, [FR Doc.73-23027 Filed 10-29-^73;8:45 am] Secretary. In Docket No. CI72-662, effective Novem­ ber 22, 1973. The authorized rate in [FR Doc.73-23032 Filed 10-29-73;8:45 am] RATON NATURAL GAS CO. Docket No. CI72-218 is 35.0 cents per Mef at 15.025 p.s.i.a. and the authorized Notice of Service Agreement [Docket No. CS71-645] rate in Docket No. CI72-662 is 45.0 cents October 18, 1973. per M cf at 15.025 p.si.a. Petitioner states POWERS OPERATING CO. Take notice that on October 1, 1973 that its contract provides for a rate of Notice of Redesignation Raton Natural Gas Company (Raton) 50.0 cents per Mcf, subject to B.t.u. ad­ justment, but that it is willing to accept October 17, 1973. tendered for filing a service agreement between Raton and Midwest Energy Cor­ certificate authorization conditioned to By a letter filed with the Commission poration (Midwest). a rate of 45.0 cents per Mcf, subject to on August 31, 1973, Integral Petroleum Raton states that new service agree­ B.t.u. adjustment. Corporation advises that it has changed ment is necessitated because Midwest, It appears reasonable and consistent its corporate name to Powers Operating until July 20,1973, was known as South­ with the public interest in this case to Company effective July 26, 1973. western States Gas Company (South­ prescribe a period shorter than 15 days Accordingly, the certificate issued by western) . Raton states that this new fil­ for the filing of protests and petitions to the Commission in Docket No. CS71-645 ing cancels an identical agreement with intervene. Therefore, any person desiring is designated as that of Powers Operating Southwestern and replaces it with the to be heard or to make any protest with Company in lieu of Integral Petroleum hew agreement with Midwestern. The reference to said petition to amend Corporation. change in name is the only alteration in should on or before October 30, 1973, file K enneth F. Plumb, the agreement according to Raton. An with the Federal Power Commission, Secretary. effective date of November 1, 1973 is Washington, D.C. 20426, a petition to in­ [FR Doc.73-23035 Filed 10-29-73;8:45 am] proposed. tervene or a protest in accordance with Any person desiring to be heard or to the requirements of the Commission’s [Docket No. E-7669, etc.] protest said filing should file a petition rules of practice and procedure (18 CFR to intervene, unless such petition has 1.8 or 1.10). All protests filed with the PUBLIC SERVICE CO. OF INDIANA, INC., been filed previously, or protest with the Commission will be considered by it in de­ E T AL. Federal Power Commission, 825 North, termining the appropriate action to be Notice of Extension of Time and Postpone­ Capitol Street NE., Washington, D.C. taken but will not serve to make the pro- ment of Prehearing Conference and 20426, in accordance with §§ 1.8 and 1.10 testants parties to the proceeding.. Any Hearing of theUommission’s rules of practice and person wishing to become a party to a October 19, 1973. procedure (18 CFR 1.8, 1.10). All such proceeding or to participate as a party in In the matter of Public Service Com­ petitions or protests should be filed on pany of Indiana, Inc., Docket No. E-7669, or before October 29, 1973. Protests will any hearing therein must file a petition Public Service Company of Indiana, Inc., be considered by the Commission in de­ to intervene in accordance with the Com­ termining the appropriate action to be mission’s rules. Docket No. E-7937, Kentucky Utilities taken but will not serve to make Protes­ Company, Docket No. E-8053. tants parties to the proceeding. Any per­ K enneth F. Plumb, Oh October 5, 1973, The Electric and son wishing to become a party must file Secretary. Water Plant Board of the City of Frank­ a petition to intervene. Copies of this [FR Doc.73-23018 Filed 10-29-73;8:45 am]

FEDERAL REGISTER, V O L 38, NO. 208— TUESDAY, OCTOBER 30, 1973 NOTICES 29923

[Bate Schedule Nos. 44, etc.] 1973, file with the Federal Power Com­ all as more fully set forth in the com­ TEXAS OIL & GAS CORP., ET AL. mission, Washington, D.C. 20426, a peti­ plaint which is on file with the Commis­ tion to intervene or a protest in accord­ sion and open to public inspection. Notice of Rate Change Filings ance with the requirements of the Com­ Complainant states* that it has the O ctober 18,1973. mission’s rules of practice and procedure right to purchase natural gas produced Take notice that the producers listed (18 CFR 1.8 or 1.10). All protests filed from all wells drilled on certain acreage in the Appendix attached below have with the Commission will be considered in Goliad and Karnes Counties, Texas, filed proposed increased rates to the ap­ by it in determining the appropriate ac­ pursuant to a contract dated April 29, plicable area new gas ceiling based on tion to be taken but will-not serve to 1953, as amended February 7, 1961.1 H. the interpretation of vintaging concepts make the protestants parties to the pro­ A. Pagenkopf, Trustee, was authorized set forth by the Commission in its Opin­ ceeding. Any party wishing to become a pursuant to this contract to sell gas from ion No. 639, issued December 12, 1972. party to a proceeding or to participate as this acreage to Complainant in Docket The information relevant to each of No. G-12694 by order issued June 19, a party in any hearing therein must file 1963, in Docket No. G-2526, et al., H. L. these sales, is listed in the Appendix be­ a petition to intervene in accordance low. Hawkins and H. L. Hawkins, Jr. (Oper­ Any person desiring to be heard or to with the Commission’s rules. ator), et al. Complainant indicates that make any protest with reference, to said K enneth F. Plumb, in 1966 the dedicated acreage was as­ filings should on or before October 30, Secretary. signed to Haring, that in 1971 and 1972, Haring transferred his working rights A ppendix in certain deep reserves in this acreage to NEC and the McCombs group and that Rate the McCombs Group contracted with du Filing date Producer schedule Buyer Area No. Pont in 1972 to sell gas from this acre­ age in the intrastate market for indus­ October 1, Texas Oil & Gas Corp., Fidelity 44 Texas Eastern Transmission Texas Gulf Coast. trial consumption. Complainant believes 1973. Union Tower, Dallas, Tex. Corp.. that du Pont is permitting Lo-Vaca 75201. Gathering Company, an intrastate gas October 4, Getty Oil Co., P.O. Box 1404, 106 Arkansas Louisiana Gas Co. Other Southwest Area. 1973. Houston, Tex. 77001. company, to take this gas for its own October 5, ' Hunt Oil Co., 1401 Elm, Dallas, 5 United Gas Pipe Line Co. South Louisiana. Tex. 75202. use, with the understanding that Lo- 1973 H . Vaca will make up such deliveries at a later time. Complainant asserts that NEC [PR Doc.73-23014 Filed 10-29-73;8:45 am] has refused to deliver volumes of gas to it from the subject acreage and that the TEXAS EASTERN TRANSMISSION CORP. filing are on file with the Commission McCombs group has continued to make gas available to Lo-Vaca under the con­ Notice of Service Agreement and available for public inspection. tract with du Pont, even though Com­ O ctober 24, 1973. K enneth F. Plumb, plainant has informed both producers Take notice that Texas Eastern Trans­ Secretary. that deliveries to anyone else constitutes mission Corp. (Texas Eastern) has sub­ [FR Doc.73-23020 Filed 10-29-73;8:45 am] a violation of the contractual arrange­ mitted for filing, pursuant to § 154.1 of ment with Complainant. The McCombs the Commission’s regulations under the Group has filed suit in the U.S. District Natural Gas Act, a Service Agreement [Docket No. CP74-94] Court for the Western District of Texas, McCombs v. United Gas Pipe Line Com­ dated September 14, 1973, between UNITED GAS PIPE LINE CO., ET AL. Texas Eastern, as Seller, and the City pany, No. SA-73-CA210, for a declara­ of Cairo, Illinois as Buyer, providing for Notice of Complaint tory judgment that they are not con­ service under Texas Eastern’s Rate O ctober 18, 1973. tractually bound to deliver gas to United. Schedules GS-B and I-B. The proposed United Gas Pipe Line Company, Com­ Complainant alleges that because De­ effective date of this agreement is No­ plainant and Billy J. McCombs, R. James fendants are violating the Natural Gas vember 1, 1973. Stillings, d.b.a. Gastill Company, David Act by failing to sell gas to it and because Texas Eastern states that the City of A. OnsgUard, Basin Petroleum Corpora­ it is presently curtailing nearly 430 mil­ Cairo has requested a change from tion, Louis H. Haring, Jr., National Ex­ lion Mcf of natural gas, or more than 27 Texas Eastern’s SGS Rate Schedule to ploration Company, and E. I. du Pont, percent of its firm requirements, it is its GS Rate Schedule in order to meet de Neumours & Company, Defendants. suffering irreparable injury and requests the peak-day requirements o f Cairo resi­ Take notice that on October 9, 1973, that the Commission issue an order re­ dential and commercial customers dur­ United Gas Pipe Line Company (Com­ quiring Defendants to show cause why ing the com ing heating , season. It is plainant) , 1500 Southwest Tower, they are not in compliance with the Na­ further stated that no change is pro­ Houston, Texas 77002, filed in Docket tural Gas Act, to cease and desist such posed in Cairo’s annual contract quan­ No. CP74-94 a complaint against Billy violations and to sell all future produc­ tity nor in its annual volumetric entitle­ J. McCombs, R. James Stillings, d.b.a. tion of natural gas from the dedicated ment as set forth in Texas Eastern’s plan Gastill Company, David A. Onsguard, acreage to Complainant. of curtailment. Basin Petroleum Corporation (McCombs Any person desiring to be heard or to Any person desiring to be heard or Group), Louis H. Haring, Jr. (Haring), make any protest with reference to said protest said filing should file a petition National Exploration Company (NEC) complaint should on or before Novem­ to intervene or protest with the Federal and E. I. du Pont de Neumours & Com­ ber 12, 1973, file with the Federal Power Power Commission, 825 North Capitol pany (du Pont>, hereinafter collectively Commission, Washington, D.C. 20426, a Street NE., Washington, D.C. 20426, in referred to as Defendants, alleging that petition to intervene or a protest in ac­ accordance with §§1.8 and 1.10 o f the said Defendants have failed to comply cordance with the requirements of the Commission’s rules of practice and pro­ with the requirements of section 7 of the Commission’s rules of practice and pro­ cedure (18 CFR 1.8 and 1.10). All such Natural Gras Act as implemented by the cedure (18 CFR 1.8 or 1.10). All protests Petitions or protests should be filed on or Commission’s Regulations thereunder filed with the Commission will be con­ before October 30, 1973. Protests will be and have failed to comply and refused sidered by it in determining the appro­ considered by the Commission in de­ to comply with the terms of a certificate priate action to be taken but will not termining the appropriate action to be of public convenience and necessity is­ serve to make the protestants parties to taken, but will not serve to make pro­ sued in Docket No. G-12694 authorizing the proceeding. Any person wishing to testants parties to the proceeding. Any the sale of natural gas from certain Person wishing to become a party must lands and leaseholds in Goliad and 1 This amendment extends the term of the a petition to intervene. Copies of this Karnes Counties, Texas, to Complainant, contract u n til 1981.

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29924 NOTICES

become a party to a proceeding or to Under the procedure herein provided Any person desxiixig to be heard or to participate as a party in any hearing for, unless otherwise advised, it will be make any protest with reference to said therein must file a petition to intervene unnecessary for Applicant to appear or application should on or before Novem­ in accordance with the Commission’s be represented at the hearing. ber 9, 1973, file with the Federal Power rules. K enneth F. P lxjmb, Commission, Washington, D.C. 20426, a K enneth P. P lumb, Secretary. petition to intervene or a protest in ac­ Secretary. cordance with the requirements of the [FR Doc.73-23038 Filed 10-29-73;8:45 amj [PR Doc.73-23036 Piled 10-20-73;8:45 urn] Commission’s rules of practice and pro­ cedure (18 CFR 1.8 or 1.10) and the [Docket No. CP74-80] regulations under the Natural Gas Act [Docket No. CI74r-220] (18 CFR 157.10). All protests filed with AMERICAN PETROFINA CO. OF TEXAS COLUMBIA GULF TRANSMISSION CO. the Commission will be reconsidered by ET AL. it in determining the appropriate action Notice of Application Notice of Application to be taken but will not serve to make O ctober 18, 1973. October 16, 1973. the protestants parties to the proceeding. Take notice that on October 11, 1973, Any person wishing to become a party to American Petrofiria Company of Texas Take notice that on September 24, a proceeding or to participate as a party (A pplicant), P.O. Box 2159, Dallas, 1973, Columbia Gulf Transmission Co. in any hearing therein must file a peti­ Texas 75221, filed in Docket No. CI74- (Columbia G u lf), PO Box 683, Houston, tion to intervene in accordance with the 220 an application pursuant to section 7 Texas 77001, Columbia Gas Transmission Commission’s rules. (c) of the Natural Gas Act for a certifi­ Corporation (Columbia Transmission), Take further notice that, pursuant to cate of public convenience and necessity 1700 MacCorkle Avenue, Charleston, the authority contained in and subject to authorizing the sale for resale and de­ West Virginia 25314, and Texas Gas the jurisdiction conferred upon the Fed­ Transmission Corporation (Texas Gas), eral Power Commission by sections 7 livery of natural gas in interstate com­ PO Box 1160,- Owensboro, Kentucky merce to Natural Gas Pipeline Co. of and 15 of the Natural Gas Act and the 42301, filed in Docket No. CP74-80 a join t Commission’s rules of practice and pro­ America from the Days Creek Field application pursuant to section 7(c) of Area, Miller County, Arkansas, all as cedure, a hearing will be held without more fully set forth in the application the Natural Gas Act for a certificate of further notice before the Commission on public convenience and necessity au­ this application if no petition to inter­ which is on file with the Commission and thorizing the exchange of natural gas open to public inspection. vene is filed within the time required among them, all as more fully set forth herein, if the Commission on its own Applicant proposes to sell approxi­ in the application which is on file with mately 65,000 M cf o f gas per month for review of the matter finds that a grant the Commission and open to public of the certificate is required by the pub­ two years at 45.0 cents per M cf at 14.65 inspection. p.s.i.a. within the contemplation of lic convenience and necessity. If a peti­ Applicants seek authorization for the tion for leave to Intervene is timely filed, § 2.70 o f the Commission’s General Pol­ exchange of natural gas pursuant to a icy and Interpretations (18 CFR 2.70). or if the Commission on its own motion letter agreement dated July 10,1973, pro­ believes that a form al hearing is required, It appears reasonable and consistent viding for the exchange of gas among with the public interest in this case to further notice of such hearing will be Applicants when any of them is con­ duly given. prescribe a period shorter than 15 days fronted with a situation on its system for the filing of protests and petitions to Under the procedure herein provided which can be alleviated by deliveries of for, unless otherwise advised, it will be intervene. Therefore, any person desir­ natural gas from the system of another ing to be heard or to make any protest unnecessary for Applicants to appear or party which determines such delivery be represented at the hearing. with reference to said application should may be made without impairment of its on or before November 5, 1973, file with service obligations. K enneth F. P lumb, the Federal Power Commission, Wash­ The application states that simultane­ Secretary. ington, D.C. 20426, a petition to inter­ ously or as soon as it is feasible follow­ [FR Doc.73—23041 Filed 10-29-73;8:45 am] vene or a protest in accordance with the ing such a delivery of natural gas, and requirements of the Commission’s rules in any event within 60 days thereafter, of practice and procedure (18 CFR 1.8 or unless otherwise mutually agreed to, the [Docket Nos. (3-18314 and CP66-121] 1.10). All protests filed with the Com­ party which received such delivery shall MIDWESTERN GAS TRANSMISSION CO. mission will be considered by it in de­ tender natural gas to the other at one termining the appropriate action to be or more points of interconnection. These Notice of Petition To Amend taken but will not serve to make the points for the purpose of exchange are protestants parties to the proceeding. O ctober 19, 1973. stated by the Applicants to be as fol­ Take notice that on September 5,1973, Any person wishing to become a party lows: in Eugene Island Block 250 off­ to a proceeding or to participate as a Midwestern Gas Transmission Co. (Peti­ shore Louisiana; at Columbia Gulf’s tioner) , P.O. Box 2511, Houston, Texas party in any hearing therein must file Rayne Compressor Station, in Arcadia a petition to intervene in accordance 77001, filed in Docket Ifos. G-18314 and Parish, Louisiana; near the town of Leb­ CP66-121 a petition to amend the orders with the Commission’s rules. anon, Warren County, Ohio; in produc­ Take further notice that, pursuant to o f the Commission issued in said dockets ing fields, gas processing plants and October 31, 1959 (22 FPC 775), and the authority contained in and subject other common points where Applicants to the jurisdiction conferred upon the June 20,1967 (37 FPC 1070), respectively and/or one or more other natural gas pursuant to section 3 of the Natural Gas Federal Power Commission by sections pipeline companies take delivery of nat­ Act by authorizing the importation-of 7 and 15 of the Natural Gas Act and the ural gas so that gas can be exchanged by Commission’s rules of practice and pro­ natural gas with the addition of price them via the facilities of such other adjustment provisions to the original gas cedure, a hearing will be held without companies; and such additional points further notice before the Commission on of physical interconnection between the purchase contracts, as amended, between Petitioner and TransCanada Pipelines this application if no petition to inter­ Applicants’ pipeline systems as may he vene is filed within the time required established in the future pursuant to Limited (TransCanada), all as more fully herein, if the Commission on its own re­ specific Federal Power Commission set forth in the petition which is on file view of the matter finds that a grant authorization. with tiie Commission and open to public of the certificate is required by the pub­ Applicants state this exchange ar­ inspection. lic convenience and necessity. If a pe­ rangement is necessary as a means of By the order issued October 31, 1959, tition for leave to intervene is timely insuring continuity of service. Applicants Petitioner was authorized, among other filed, or if the Commission on its own things, to import from Canada up to motion believes that a formal hearing further state that they do not propose 204,000 Mcf of natural gas per day at a is required, further notice of such hear­ to construct any additional facilities to point on tiie International Boundary ing will be duly given. carry out the exchange agreement. near Emerson, Manitoba. Purchases are

FEDERAL REGISTER, V O L 38, NO. 208— TUESDAY, OCTOBER 30, 1973 NOTICES 29925 made under the terms of Petitioner’s gas purchased if TransCanada Is to have the [D ocket No. CP72-226] purchase contract with TransCanada gas supply necessary to meet its present NATURAL GAS PIPELINE CO. OF AMERICA dated April 14,1960 (Contract No. 1). The commitments. Notice of Petition To Amend petition states this, contract has a term Any person desiring to be heard or to of 25 years and provides for a two-part make any protest with reference to said October 18, 1973. purchase rate consisting of a constant petition to amend should on or before Take notice that on October 1, 1973, commodity charge over the entire 25-year November 9, 1973, file with the Federal Natural Gas Pipeline Company of Amer­ term and a demand charge with stated Power Commission, Washington, DC. ica (Petitioner), 122 South Michigan escalations at five-year intervals. 20426, a petition to intervene or a protest Avenue, Chicago, Illinois 60603, filed in By the order of the Commission issued in accordance with the requirements of Docket No. CP72-226 a petition to amend on June 20,1967 in Docket No. CP66-121, the Commission’s rules of practice and the order issued in said docket on Petitioner was authorized to import an procedure (18 CFR 1.8 or 1.10). All pro­ April 25, 1972 (47 FPC 1105) as amended additional 116,332 M cf per day of natural tests filed with the Commission will be October 16, 1972 (48 F P C ------) , and Au­ gas at Emerson. Gas imported under this considered by it in determining the ap­ gust 2, 1973 (50 F P C ------), pursuant to authorisation is purchased pursuant to propriate action to be taken but will not Section 7(c) of the Natural Gas Act au­ a contract between Petitioner and Trans- serve to make the protestants parties to thorizing an exchange of natural gas Canada dated June 30, 1967 (Contract the proceeding. Any person wishing to between Petitioner and Phillips Petro­ No. 2), which provides for a two-part become a party to a proceeding or to leum Company (Phillips) by authorizing rate during its term of 25 years with both participate as a party in any hearing the construction and operation of an ad­ the demand charge and the commodity therein must file a petition to intervene ditional redelivery point and the utili­ charge escalating at five-year intervals. in accordance with the Commission’s zation of other existing exchange points, Petitioner states that on April 30,1970, rules. all as more fully set forth in the petition in Docket No. CP70-19, et al. the Com­ Kenneth F. Plumb, to amend which is on file with the Com­ mission issued an order (43 FPC 635) Secretary. mission and open to public inspection. wherein Petitioner was authorized to [FR Doc.73-23040 Filed 10-29-73;8:45 am] By the order issued April 25, 1972, Pe­ import an additional 7,200 M cf per day titioner was authorized to exchange with purchased from TransCanada under a Phillips up to 10,000,000 Mcf of gas dur­ contract dated October 30, 1970 (Con­ [Docket Nos. RP66-12 and G—9283, et al.] ing any twelve-month period at an exist­ tract No. 3 ). Contract No. 3 provides for TEXAS EASTERN TRANSMISSION CORP. ing interconnection at the tailgate of a two-part rate during its term of 20 AND ATLANTIC RICHFIELD CO, Phillip’s Chocolate Plant in Brazoria years with both the demand charge and Notice of Supplier Refunds County, Texas. By amending orders of the commodity charge escalating at five- October 16, 1972, and August 2, 1973, Pe­ year intervals. This third contract con­ October 17,1973. titioner was authorized to exchange gas tains a provision that Petitioner’s rate Take notice that on September 19, at additional existing points of inter­ shall not be less than 105 per cent of 1973, United Gas Pipeline Co. (United) connection in Beaver County, Oklahoma, TransCanada's regulated price per Mcf of Shreveport, Louisiana, filed with the and in Brazoria, Gray, and Hansfield of gas sold by TransCanada in its Mani­ Commission, pursuant to Commission Counties, Texas. toba rate zone for similar sales computed orders issued on August 10, 1971, and Petitioner herein requests authority to at 100 per cent load factor. August 3, 1973, in the above captioned construct and operate an additional re­ Petitioner and TransCanada propose proceedings, a statement reflecting the delivery point in Brazoria County, Texas. to amend their Contract Nos. 1 and 2 to amount of supplier refunds received by Petitioner further requests authoriza­ bring the price provisions o f said con­ United and commingled with corporate tion to utilize existing points of inter­ tracts into conform ity with the price pro­ funds now ordered by the Commission to connection previously authorized by visions of Contract No. 3. Petitioner be released to Texas Eastern Transmis­ order issued in Docket No. CP71-50 on therefore, requests the Commission to sion Corp. (Texas Eastern) covering the December 7, 1970 (44 FPC 1541 >, as amend its orders in the instant dockets period from 1961 to 1964, inclusive, to­ amended October 25, 1972 (48 FPC to reflect the modifications to Contract gether with a release from Texas East------), for use as delivery points in the Nos. 1 and 2 and authorize the importa­ . em shown receipt of the refund monies. exchange with Phillips of certain nat­ tion of gas purchased under contract United States that supplier refunds here- ural gas available to Petitioner from provisions which would relate the price to-fore placed in escrow with its agent, Quinduno Field, Roberts County, Texas. paid by Petitioner under both previous First National City Bank, are being made Petitioner states the estimated cost of contracts to 105 per cent of Trans- to Texas Eastern by such agent. the proposed facility is $4,100 which cost Canada’s Manitoba Zone Rate, said rate Any person desiring to be heard or to is to be reimbursed to Petitioner by being the price provided under the tariff protest said filing should file a petition to Phillips. applicable to natural gas customers in intervene, unless such petition has been Petitioner states that the proposed Manitoba as prescribed by the National filed previously, or protest with the Fed­ amendment will be beneficial to it by Energy Board o f Canada. eral Power Commission, 825 North Capi­ providing Petitioner with increased flexi­ Petitioner states that the implementa­ tol Street NE., Washington, D.C., in ac­ bility in the operation of its pipeline tion of TransCanada’s Manitoba Zone system. rate as proposed herein will have an im ­ cordance with §§1.8 and 1.10 o f the Any person desiring to be heard (Mr to mediate effect on the rate charged by Commission’s rales of practice and pro­ make any protest with reference to said TransCanada under Contract Nos. 1 and cedure (18 CFR 1.8 and 1.10). All such petition to amend should cm or before 2. Petitioner further states that Trans­ petitions or protests should be filed on November 12, 1973, file with the Federal Canada has a pr9posal to increase its or before November 5,1973. Protests will Power Commission, Washington, D.C. 20426, a petition to intervene or a pro­ Manitoba Zone Rate effective Novem­ be considered by the Commission in de­ ber 1, 1973, presently pending before the test in accordance with the require­ National Energy Board. termining the appropriate action to be ments of the Commission’s rules of prac­ Petitioner states that the three con­ taken but will not serve to make protes­ tice and procedure (18 CFR 1.8 or 1.10) tracts with TransCanada provide the tants parties to the proceeding. Any per­ and the regulations under the Natural total gas supply for Petitioner’s northern son wishing to become a party must file Gas Act (18 CFR 157.10). All protests system sales and the proposed amend­ a petition to intervene. Copies of this filed with the Commission will be con­ ments are necessary -to enable Trans­ sidered by it in determining the appro­ filing are on file with the Commission priate action to be taken but will not Canada to maintain the reserves neces- and available for publie inspection. smy to continue to meet the require­ serve to make the protestants parties to ments o f TransCanada’s customers as K enneth F. Plumb, the proceeding. Any person wishing to Well as to allow TransCanada to continue Secretary. become a party to a proceeding or to to acquire new reserves which must be [FR Doc.73-23042 Filed 10-29-73;8:45 am] participate as a party in any hearing

FEDERAL REGISTER, V O L 38, N O . 208— TUESDAY, OCTOBER 30, 1973 No. 208—Pt. I---- 8 29926 NOTICES therein must file a petition to intervene sidered by it in determining the appro­ the Commission and available for public in accordance with the Commission’s priate action to be taken but will not inspection. rules. serve to make the protestants parties to K enneth F. P lumb, the proceeding. Any person wishing to K enneth F. Plumb, Secretary. Secretary. become a party to a proceeding or to participate as a party in any hearing [FR Doc.73-23044 Filed 10-29-73:8:45 am] [FR Doc.73-23039 Filed 10-29-73;8:45 am] therein must file a petition to intervene in accordance with the Commission’s [D ocket No. CP74r-97] [Docket No. CI74-209] Rules. Take further notice that, pursuant to FLORIDA GAS TRANSMISSION CO. FLORIDA GAS EXPLORATION CO. the authority contained in and subject Notice of Application (OPERATOR), ET AL. to the jurisdiction conferred upon the October 19, 1973. Application Pursuant to Commission’s Federal Power Commission by sections 7 General Policy and Interpretations and 15 of the Natural Gas Act and the Take notice that on October 10, 1973, * O ctober 19, 1973. Commission’s Rules of Practice and Pro­ Florida Gas Transmission Company (Ap­ Take notice that on October 5, 1973, cedure, a hearing will be lield without plicant) , P.O. Box 44, W inter Park, Flori­ Florida Gas Exploration Company (Op­ further notice before the Commission on da 32789, filed in Docket No. CP74-97 an erator), et al. (Applicant), P.O. Box 44, this application if no petition to inter­ application pursuant to section 7(c) of W inter Park, Florida 32789, filed in vene is filed within the time required the Natural Gas Act for a certificate of Docket No. CI74-209 an application pur­ herein, if the Commission on its own public convenience and necessity au­ suant to section 7 (c) of the Natural Gas review of the matter finds that a grant thorizing the construction and operation of the certificate is required by the pub­ of a 26-inch main line loop and the in­ Act and § 2.75 of the Commission’s Gen­ stallation and operation of a regulator eral Policy and Interpretations (18 CFR lic convenience and necessity. If a peti­ tion for leave to intervene is timely filed, station, to be located on Applicant’s 2.75) for a certificate of public conven­ existing 20-inch main transmission pipe­ ience and necessity authorizing the sale or if the Commission on its own motion believes that a formal hearing is. re­ line in St. Lucie and Osceola Counties, for resale and delivery of natural gas in Florida, respectively, all as more fully set interstate commerce to Florida Gas quired, further notice of such hearing will be duly given. out in the application which is on file Transmission Company (Florida Gas), with the Commission and open to public from the North Montegut Field, Terre­ Under the procedure herein provided for, unless otherwise advised, it will be inspection. bonne Parish, Louisiana, all as more fully Applicant proposes to construct and set forth in the application which is on unnecessary for Applicant to appear or be represented at the hearing. operate approximately 4.03 miles of 26- file with the Commission and open to inch pipeline loop paralleling an equal public inspection. K enneth F. P lumb, length of its existing 20-inch main Applicant proposes under the optional Secretary. transmission pipeline between milepost pricing procedure to sell natural gas to [FR Doc.73-23045 Filed 10-29-73;8:45 am] 777.46 and milepost 781.49 In St. Lucie Florida Gas from the subject acreage at County. Applicant further proposes to an initial rate of 45.0 cents per Mcf at install a regulator station on its existing 15.025 p.s.i.a., subject to upward and [Docket No. E-7806] 20-inch mainline in Osceola County near downward Btu adjustment, pursuant to ILLINOIS POWER CO. valve 18-1, milepost 632.26. the terms of a 20-year contract dated The application states the proposed September 21, 1973. Said contract pro­ Notice of Offer of Settlement facilities are required in connection with vides for fixed escalations o f 1.0 cent O ctober 18, 1973. retesting Applicant’s existing 20-inch per Mcf per year each year after the mainline. The application further states date of initial delivery and for 100 per Take notice that on March 21, 1973, Illinois Power Company filed an offer of that the installation of the regulator is cent reimbursement to the seller for all necessary to limit the maximum operat­ additional taxes which are greater than settlement in this proceeding with re­ spect to the reserved issue of the pro­ ing pressure in said 20-inch line to 780 those being levied on the date of the con­ psig thereby increasing the volume flow­ tract. Applicant estimates the monthly priety of a moratorium, as designated in the Commission’s order issued Decem­ ing through the proposed 26-inch loop deliveries to be 45,000 Mcf of gas. line and lowering pressure at the exist­ Applicant requests authorization for ber 29, 1972. In the alternative the. com ­ pany requests that a prehearing confer­ ing loop end. This proposed loop is in­ the sale, alleging that the sale will assure tended to maintain the required suction long-term deliveries to Florida Gas, that ence be convened in the event that fur­ ther proceedings are required. Copies of pressure at Applicant’s downstream the initial price o f 45.0 cents per M cf the filing were served upon all parties Compressor Station No. 20. is substantially lower than recent intra­ of record in accordance with the re­ , Applicant states retesting of the 20- state sales in the region that the price quirements o f § 1.17 of the Commission’s inch line is required to qualify said line is in line with rates authorized by the Rules of Practice and Procedure. for continued operation in compliance Commission pursuant to § 2.70 of the Any person desiring to be heard or to with safety regulations of the Depart­ Commission’s General Policy and Inter­ make protest with respect to the filing ment of Transportation issued pursuant pretations (18 CFR 2.70), that the price should on or before November 9, 1973, to the Natural Gas Pipeline Safety Act of is substantially lower than prices for base 1968. load sales of liquefied natural gas or syn­ file with the Federal Power Commission, 825 North Capitol Street NE., W ashing­ The application states the total cost of thetic gas for which applications for au­ ton, D.C. 20426, petitions to intervene all facilities is estimated to be $1,245,000 thorization are pending or have been ap­ or protests in accordance with the afore- which will be financed from internally proved by the Commission, and that the stated Commission Rules (18 CFR 1.8 or generated funds. * sale will alleviate supply shortages of 1.10). All protests filed with the Com­ Any person desiring to be heard or to Florida Gas. make any protest with reference to said Any person desiring to be heard or to mission will be considered by it in de­ termining the appropriate action to be application should on or before Novem­ make any protest with reference to said ber 12, 1973, file with the Federal Power application should on or before Novem­ taken but will not make protestants par­ Commission, Washington, D.C. 20426, a ber 12, 1973, file with the Federal Power ties to the proceeding. Persons desiring petition to intervene or a protest in ac­ Commission, Washington, D.C. 20426, a to become parties to a proceeding or to cordance with the requirements of the petition to intervene or a protest in ac­ participate as a party in any hearing Commission’s Rules of Practice and Pro­ cordance with the requirements of the therein must file petitions to intervene cedure (18 CFR 1.8 or 1.10) and the Reg­ Commission’s Rules of Practice and Pro­ in accordance with the Commission’s ulations under the Natural Gas Act (18. cedure (18 CFR 1.8 or 1.10). All protests Rules, unless such petition has been filed CFR 157.10). All protests filed with the filed with the Commission will be con­ previously. The tender is on file with Commission will be considered by it 1°

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 NOTICES 29927

[Docket No. CP74-96J determining the appropriate action to be acreage in the Anadarko Fox area of the taken but will not serve to make the Pro­ Powder River Basin of Wyoming approx­ NATURAL GAS PIPELINE CO. OF AMERICA testants parties to the proceeding. Any imately 35 miles in Applicant’s existing Notice of Application person wishing to become a party to a 16-inch pipeline to CIG’s existing point proceeding or to participate as a party of interconnection in or near section 18, October 19, 1973. in any hearing, therein must file a peti­ Township 39 North, Range 72 West, Con­ Take notice that on October 10, 1973, tion to intervene in accordance with the verse County, Wyoming. Applicant states Natural Gas Pipeline Company of Amer­ Commission’s Rules. it has commenced said transportation ica (Applicant), 122 South Michigan Take further notice that, pursuant to pursuant to the emergency operations Avenue, Chicago, Illinois 60603, filed in the authority contained in and subject provision o f § 157.22 o f the Regulations Docket No. CP74-96 an application pur­ to the jurisdiction conferred upon the under the Natural Gas Act (18 CFR suant to section 7Tb) o f the Natural Gas Federal Power Commission by sections 7 157.22). Act requesting permission and approval and 15 of the Natural Gas Act and the Applicant proposes to charge CIG 3.5 to reduce by 2,000 Mcf per day its trans­ Commission’s Rules of Practice and Pro­ cents per Mcf of gas delivered by Moun­ portation in interstate commerce of nat­ cedure, a hearing will be held without tain Fuel to Applicant for CIG’s account ural gas for a direct sale to The New further notice before the Commission on and transported in Applicant’s pipeline Jersey Zinc Company (New Jersey Zinc), this application if no petition to inter­ for delivery to CIG. Concurrently with all as more fully set forth in the applica­ vene is filed within the time required this application Applicant has filed a no­ tion which is on file with the Commis­ herein, if the Commission on its own re­ tice of proposed changes in its FPC Gas sion and open to public inspection. view of the matter finds that a grant of Tariff, Original Volume No. 1, stating Petitioner states that the interstate the certificate is required by the public the proposed charges will effect initial transportation of natural gas to New Jer­ convenience and necessity. If a petition Rate Schelule X -l which is the gas trans­ sey Zinc was authorized by Commission for leave to intervene is timely filed, or if portation agreement dated September 5, orders issued June 4, 1969, August 8, the Commission on its own motion be­ 1973, between Applicant and CIG. 1966, and October 13, 1942, in Docket lieves that a formal hearing is required, Applicant states that no new facilities Nos. CP69-255 (41 FPC 694), CP66-360 further notice o f such hearing will be are required and that CIG and Moun­ (36 FPC 388), and G-235 (3 FPC 669), duly given. tain Fuel are currently seeking author­ respectively. A reduction in said trans­ Under the procedure herein provided ity for the proposed exchange and sale portation was authorized by order issued for, unless otherwise advised, it will be in Docket Nos. CP74-62 and CP74-64, March 28, -1972, in Docket No. CP72-43 unnecessary for Applicant to appear or respectively. (47 FPC 958). be represented at the hearing. Any person desiring to be heard or to Applicant now proposes to reduce fur­ make any protest with reference to said ther New Jersey Zinc’s peak day delivery "" K enneth P. Plumb, application should on or before Novem­ quantity by 2,000 Mcf from its present * Secretary. ber 12, 1973, filed with the Federal 3,000 Mcf level in response to a request [FE Doc.73-23047 Filed 10-29-73;8:45 am] Power Commission, Washington, D.C. by New Jersey Zinc in a letter dated 20426, a petition to intervene or a pro­ August 16, 1973. test in accordance with the requirements Applicant states that the reduction in [Docket No. CP74-92] of the Commission’s Rules' of Practice transportation proposed herein will not McCu l l o c h i n t e r s t a t e g a s c o r p . and Procedure (18 CFR 1.8 or 1.10) and require abandonment of any facilities. Any person desiring to be heard or to . Notice of Application the Regulations under the Natural Gas Act (18 CFR 157.10). All protests filed make any protest with reference to said October 19,1973. with the Commission will be considered application should on or before Novem­ Take notice that on October 5, 1973, by it in determining the appropriate ac­ ber 12, 1973, file with the Federal Power McCulloch Interstate Gas Corporation tion to be taken but will not serve to Commission, Washington, D.C. 20426, a (Applicant), 10880 W ilshire Boulevard, make the protestants parties to the pro­ petition to intervene or a protest in ac­ Los Angeles, California 90024, filed in ceeding. Any person wishing to become cordance with the requirements of the Docket No. CP74-92, an application pur­ a party to a proceeding or to participate Commission’s Rules of Practice and Pro­ suant to section 7(c) of the Natural Gas as a party in any hearing therein must cedure (18 CFR 1.8 or 1.10) and the Reg­ Act for a certificate of public conven­ file a petition to intervene in accord­ ulations under the Natural Gas Act (18 ience and necessity authorizing the ance with the Commission’s Rules. CFR 157.10). All protests filed with the transportation of natural gas through * Take further notice that, pursuant to Commission will be considered by it in existing facilities pursuant to a gas the authority contained in and subject to determining the appropriate action to be transportation agreement with Colorado the jurisdiction conferred upon the Fed­ taken but will not serve to make the pro­ Interstate Gas Company, a division of eral Power Commission by sections 7 and testants parties to the proceeding. Any Colorado Interstate Corporation (C IG ), 15 of the Natural Gas Act and the Com­ person wishing to become a party to a dated September 5 ,19?3, all as more fully mission’s Rules of practice and Proce­ proceeding or to participate as a party set forth in the application which is on dure, a hearing will be held without fur­ in any hearing therein must file a peti­ file with the Commission and open to ther notice before the Commission on tion to intervene in accordance with the public inspection. this application if no‘petition to inter­ Commission’s Rules. Applicant states that under the gas vene is filed within the time required Take further notice that, pursuant to herein, if the Commission on its own the authority contained in and subject transportation agreement it has agreed to the jurisdiction conferred upon the to transport by means of existing pipe­ review of the matter finds that a grant of the certificate is required by the pub­ Federal Power Commission by sections 7 line facilities volumes of gas to be ex­ and 15 of the Natural Gas Act and the changed between CIG and Mountain lic convenience and necessity. If a peti­ Fuel Supply Company (Mountain Fuel) tion for leave to intervene is timely filed, Commission’s Rules of Practice and Pro­ or if the Commission on its own motion cedure, a hearing will be held without Pursuant to an agreement dated July 5, further notice before the Commission on 1973, providing for a short term volu­ believes that a formal hearing is re­ metric exchange o f gas between them quired, further notice of such hearing this application if no petition* to inter­ and for the retention and purchase by will be duly given. vene is filed within the time required CIG of 25 percent of the total volume de­ Under the procedure herein provided herein, if the Commission on its own re­ livered by Mountain Fuel. Applicant for, unless otherwise advised, it will be view of the matter finds that permission states the initial transportation volume is unnecessary for Applicant to appear or and approval for the proposed abandon­ anticipated to be 8,000 Mcf of gas per be represented at the hearing. ment are required by the public con­ day at 14.65 pjsi.a. K enneth F . Plumb, venience and necessity. If a petition for Applicant has agreed to transport for /'.' Secretary. leave to intervene is timely filed, or if the ClG’s account such volumes erf natural gas as delivered by Mountain Fuel from [FR Doc.73-23048 Filed 10-29-73;8:45 am] Commission on its own motion believes

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29928 NOTICES that a formal hearing is required, fur­ State of Indiana, or upon the first suc­ Any person desiring to be heard or to ther notice of such hearing will be duly ceeding date on which these supplements protest said filing should file a petition given. may be made effective under law, statute to intervene or protest with the Federal Under the procedure herein provided or rule. Power Commission in accordance with for, unless otherwise advised, it will' be In support of its filing, I&M states that §§ 1.8 and 1.10 o f the Commission’s rules unnecessary for Applicant to appear or the proposed changes incorporate the re­ of practice and procedure (18 CFR 1.8, be represented at the hearing. visions in I&M’s Tariff I.P. on file with, 1.10). All such petitions or protests and approved by, the Public Service Com­ should be filed on or before October 31, K enneth F. Plumb, mission of Indiana and which became ef­ 1973. Protests will be considered by the Secretary. fective on March 29, 1972. Further, I&M Commission in determining appropriate [PR Doc.73-23046 filed 10-29-73;8:45 am] asserts that there is no bona fide dispute action to be taken but will not serve to as to the reasonableness of the proposed make protestants parties to the proceed­ increase in the record in Docket No. E- ing. Any person wishing to become a [Docket No. E-8434] 7740 to date. Moreover, I&M states that party must file a petition to intervene PUBLIC SERVICE CO. OF OKLAHOMA this tender is made without prejudice to in accordance with the Commission’s Notice of Cancellation of Letter Agreement its rights to seek rehearing of the Com­ rules. Copies of this filing are on file with mission September 28, 1973, order and the Commission and are available for October 18,1973. without waiving any of its rights to ju­ public inspection. Take notice that on October 9, 1973, dicial review of the Court of Appeals de­ K enneth F. Plumb, the Public Service Company of Okla­ cision on May 25,1973. Secretary. homa (PSCO) tendered for filing a In support of its requested effective notice of cancellation of a letter agree­ date, I&M asserts that it is necessary, in [FR Doc.73-22992 Filed 10-29-73;8:45 am] ment, dated September 18, 1973, Supple­ the public interest, and in the interest of ment No. 23 to Rate Schedule FPC No. I&M’s other municipal wholesale custom­ [Docket No. E-8438] T18, between PSCO and the Southwest­ ers. Further, I&M avers that it is nec­ ern Electric Power Company (SWEPCO). essary to effectuate the express contrac­ NORTHERN STATES POWER CO. PSCO states that the letter agreement tual obligations of Auburn and to avoid Notice of Application became effective January 1, 1973, and a wholly unjustified windfall to Auburn. October 23, 1973. will expire on its own terms on Decem­ I&M states that copies of this filing ber 31, 1973. PSCO further states that were served on the affected customers Take notice that on October 10, 1973, notice of the proposed cancellation has and the Public Service Commission of Northern States Power Company (Appli­ been served on SWEPCO. Indiana. cant) of Minneapolis, Minnesota, filed an application pursuant-to section 204 Any person desiring to be heard or to Any person desiring to be heard or to protest said application should file a pe­ of the Federal Power Act seeking an protest said application should file a peti­ order authorizing the issuance of unse­ tion to intervene or protest with the Fed­ tition to intervene or protest with the Federal Power Commission, 825 North cured Promissory Notes to • commercial eral Power Commission, 825 North Capi­ banks and to commercial paper dealers tol Street NE., Washington, D.C. 20426, Capitol Street NE.,‘ Washington, D.C. 20426, in aocordance with §§ 1.8, 1.10 of in amounts not exceeding in the aggre­ in accordance with §§ 1.8 and 1.10 of gate $100,000,000 outstanding at any one the Commission’s Rules of Practice and the Commission’s rules of practice and Procedure (18 CFR 1.8, 1.10). All such procedures (18 CFR 1.8, 1.10). All such time. petitions or protests should be filed on or The Promissory Notes to be issued by petitions or protests should be filed on the Applicant to commercial banks will or before November 2, 1973. Protests will before October 29, 1973. Protests will be considered by the Commission in deter­ be issued on various days in 1974, but no be considered by the Commission in de­ Note will mature more than twelve termining the appropriate action to be mining the appropriate action to be taken, but will not serve to make protes­ months after date of issue or renewal. taken, but will not serve to make protest- The interest rate of such Notes will be ants parties to the proceeding. Any per­ tants parties to the proceeding. Any per­ son wishing to become a party must file at the prime loan interest rate of the son wishing to become a party must file banks in effect from time to time. petition to intervene. Copies of this a petition to intervene. Copies of this ap­ plication are on file with the Commis­ The Promissory Notes issued to com­ application are on file with the Commis­ mercial paper dealers will be issued on sion and are available for public sion and are available for public inspec­ tion. various days in 1974, but no Note will inspection. mature more than nine months after K enneth F. Plumb, K enneth F. Plumb, date of issue nor will any Note be ex­ Secretary. Secretary. tended or renewed. The interest rate on [PR Doc.73-23043 Piled 10-29-73;8:45 am] . [FR Doc.73-22990 Filed 10-29-73;8:45 am] such Notes will be dependent upon the term of the Notes, and the money market conditions at the time of issuance. Ac­ [Docket No. E-7740] MISSISSIPPI RIVER TRANSMISSION CORP. cording to the application, the aggregate INDIANA AND MICHIGAN ELECTRIC CO. Notice of Amendment to Exchange amount of commercial paper to be out­ Agreement Notice of Proposed Changes in Rates and standing at any one time will not exceed Charges October 23, 1973. the sum of (1) the dollar amount of Ap­ plicant’s receivables arising out of the October 19,1973. Take notice that on October 5, 1973 Mississippi River Transmission Corpora­ sale of electric, gas, heating and tele­ Take notice that Indiana and Michigan tion (Mississippi) téndered for filing phone service and merchandise, (2) the Electric Company (I&M) on October 5, First Revised Sheet Nos. 2 through 4 to dollar amount of Applicant’s fuel inven­ 1973, tendered for filing proposed tory exclusive of nuclear fuels, and (3) changes in its FPC Rate Schedule No. 29. its FPC Gas Tariff, Original Volume No. the dollar amount of depreciation and The proposed changes will increase I&M’s 2. Such tariff sheets relate to amend­ amortization charges on plant and revenues by approximately $84,000 an­ ment to the Exchange Agreement be­ equipment for the preceding year. nually from the City of Auburn, Indiana tween Mississippi and Texas Eastern The proceeds from the issuance of the (Auburn) based oh test year 1971. I&M Transmission Corporation. It is proposed Notes will be added to the general funds also proposes changes in the terms and that the tariff shets become effective of the Applicant which general - funds conditions of service pursuant to which will be used, among other things, to fl* Auburn is served. The proposed effective November 5, 19*73. The amended Ex­ nance in part the Applicant’s 1974 con­ date is March 29,1972, the date on which change Agreement provides for addi­ struction program and advances to I&M’s revised Tariff I.P. became effective tional points of exchange through exist­ Northern States Power Company (Wis* with respect to I&M’s customers in the ing certificated facilities. con sin ), a wholly owned subsidiary, f°r

FEDERAL REGISTER. VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 NOTICES 29929

similar purposes. Applicant estimates and Pennsylvania (single entity) at propriate action to be taken but will not that construction expenditures for 1974 delivery points referred to in the Power serve to make the protestants parties will total about $258,500,000 for N SP- Agreement and by the single entity to to the proceeding. Persons wishing to MINN and $22,825,000 for NSP-WIS. Cleveland and Duquesne at delivery become parties to a proceeding or to Any person desiring to be heard or to points referred to in the Power Agree­ participate as a party in any hearing make any protest with reference to said ment. According * to Ohio, Cleveland, therein must file petitions to intervene application should, on or before Novem­ Duquesne, and the single entity are par­ in accordance with the Commission’s ber 9, 1973, file with the Federal Power ties to the CAPCO Transmission Facili­ rules. The application is on file with the Commission, Washington, D.C. 20426, ties Agreement, dated September 14, Commission and available for public petitions to intervene or protests in ac­ 1967, and executed November 1, 1971, inspection. cordance with the requirements of the filed with the FPC on November 30,1971. Commission’s rules of practice and pro­ Ohio further states that the rate for Docket Name of Date Name of company cedures (18 CFR 1.8 or 1.10). All pro­ the Short Term Power supplied by No. applicant filed tests filed with the Commission will be Toledo is specified in Schedule D of the considered by it in determining the ap­ Michigan Schedule, that is, 0.30 per 1708___ R. Gregory 10-10-73 The Cincinnati Gas Graham. & Electric Co. propriate action to be taken but will not Kilowatt per week, to be reduced by 0.06 The Union Light, serve to make the protestants parties to per Kilowatt of reduction for each day Heat, and Power the proceeding. Persons wishing to be­ during which the amount of Short Term Co. 1709___ Willis C. 10- 4-74 Green Mountain come parties to a proceeding or to par­ Energy is reduced upon request of Con­ Fitkin. Power Corp. ticipate as a party in any hearing therein sumers and Detroit. Tampa Electric Co. 1710___ William C. 10- 4-73 Green Mountain must file petitions to intervene in ac­ Ohio states that no comparison of Maclnnes. Power Corp. cordance with the Commission’s rules. sales, services, and revenues is offered Tampa Electric Co. The application is on file and available because the Agreement covers a new for public inspection. class of service. K e n n e t h F . P l u m b , K e n n e t h F. P l u m b , Any person desiring to be heard or to Secretary. Secretary. protest said application should file a [FR Doc.73-22989 Filed 10--29-73:8:45 am] petition to intervene or protest with the [PR Doc.73-22991 Filed 10-29-73;8:45 am] Federal Power Commission, 825 North Capitol Street NW., Washington, D.C. FEDERAL PREVAILING RATE [Docket No. E—8437] 20426, in accordance with §§ 1.8 and 1.10 ADVISORY COMMITTEE of the Commission’s rules of practice and OHIO POWER CO. procedure (18 CFR 1.8, 1.10). All such COMMITTEE MEETINGS Notice of a Power Agreement petitions or protests should be filed on Pursuant to the provisions of section or before November 8, 1973. Protests will 10 of Pub. L. 92-463, effective January 5, O c t o b e r 23,1973. be considered by the Commission in de­ 1973, notice is hereby given that meet­ Take notice that, on October 10, 1973, termining the appropriate action to be ings of the Federal Prevailing Rate Ad­ Ohio Edison Company (O h io), on behalf taken, but will not serve to make pro­ visory Committee will be held on: of Toledo Edison Company (Toledo), testants parties to the proceeding. Any Cleveland Electric Illuminating Com­ Thursday, November 1,1973 person wishing to become a party must Thursday, November 8,1973 pany (Cleveland), Duquesne Light Com­ file a petition to intervene. Copies of this Thursday, November 15,1973 pany (Duquesne) and Pennsylvania application are on file with the Com­ Wednesday, November 21,1973 Power Company (Pennsylvania), ten­ mission and are available for public dered for filing a Power Agreement The meetings will convene at 10 a.m. inspection. and will be held in Room 5A06A, Civil (dated May 29, 1969) and Amendment K e n n e t h F . P l u m b , No. 1 (dated May 26, 1971) to said Power Secretary. Service Commission Building, 1900 E. Agreement. Street NW., Washington, D.C. The Power Agreement, according to [FR Doc.73-22993 Filed 10-29-73:8:45 am] The committee’s primary responsi­ Ohio, provides for Toledo to supply, and bility is to study the prevailing rate sys­ Cleveland, Duquesne, and Ohio, and its [Docket No. ID-1708, etc.] tem and from time to time advise the Civil Service Commission thereon. wholly owned subsidiary Pennsylvania R. GREGORY GRAHAM ET AL. (considered for the purposes of the At these scheduled meetings, the com­ Power Agreement as a single entity) to Notice of Applications mittee will consider proposed plans for implementation of Pub. L. 92-392, which receive Short Term Power and associated O c t o b e r 19, 1973. Short Term Energy which, in turn, is law establishes pay systems for Federal Take notice that the following appli­ prevailing rate employees. being purchased by Toledo from Con­ cations were filed on the stated dates, sumers Power Company (Consumers) pursuant to section 305(b) of the Federal The meetings will be closed to the pub­ and The Detroit Edison Company (De­ Power Act, for authority to hold the lic under a determihation to do so, made troit) under Service Schedule D to the position of officer or director of more under the provisions of section 10(d) of Operating Agreement among Toledo, than one public utility, or the position of Pub. L. 92-463. Consumers and Detroit dated March 1, officer or director of a public utility and 1966. (Toledo Rate Schedule FPC No. 4) However, members of the public who officer or director of a firm authorized wish to do so, are invited to submit mate­ According to Ohio, the purchase and to market utility securities, or the posi­ sales pursuant to the Power Agreement tion of officer or director of a public rial in writing to the Chairman concern­ will begin October 1, 1973, and extend utility and officer or director of a com­ ing matters felt to be deserving of the through December 31, 1974. Ohio states pany supplying electric equipment to committee’s attention. Additional infor­ that the Power Agreement provides that such public utility. mation concerning these meetings may Toledo will sell and Cleveland, Duquesne, Any person desiring to be heard or to be obtained by contacting the Chairman, Ohio, and Pennsylvania will purchase make any protest with reference to said Short Term Power in the following Federal Prevailing Rate Advisory Com­ applications should on or before Novem­ mittee, Room 5451, 1900 E Street NW., amounts: ber 1, 1973, file with the Federal Power Cleveland—15,000 Kilowatts Commission, Washington, D.C. 20426, Washington, D.C. Duquesne—85,000 Kilowatts petitions to intervene or protests in ac­ D avid T. R o ad let, Ohio and Pennsylvania—10,000 Kilowatts cordance with the requirements of the (single entity) Chairman, Federal Prevailing Commission’s rules of practice and Rate Advisory Committee. Ohio states that delivery of Short procedure (18 CFR 1.8 or 1.10). All pro­ Term Energy under the Power Agree­ tests filed with the Commission will be O c t o b e r 25, 1973. ment shall be made by Toledo to Ohio considered by it in determining the ap­ [FR Doc.73-23073 Filed 10-29-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29930 NOTICES

OFFICE OF MANAGEMENT AND Therefore, pursuant to sections 19(a) Nuclear Power Plant (Millstone Plant) BUDGET (4) and 15(c)(5) of the Securities Ex­ located at W aterford, Connecticut with change Act o f 1934, trading in such secu­ ownership interests of 53 percent BUSINESS ADVISORY COUNCIL ON rities on the above mentioned exchange (CL&P), 28 percent (HELCO), and 19 FEDERAL REPORTS and otherwise than on a national securi­ percent (W M ECO). In order to comply Notice of Public Meeting ties exchange is suspended, for the period with more stringent environmental reg­ from October 21, 1973, through O cto­ ulations, particularly the standards and Pursuant to Pub. L. 92—463, notice is ber 30,1973. hereby given of a meeting of an ad hoc dose criteria limits promulgated by the panel of the Business Advisory Council By the Commission. Atomic Energy Commission (AEC), the on Federal Reports to be held in Room Companies have installed, and propose [ seal] George A. Fitzsimmons, to provide the Millstone Plant with, ad­ 4203, New Exécutive Office Building, 726 - Secretary. Jackson Place NW., Washington, D.C., ditional pollution control equipment (Fa­ on Tuesday, November 13, 1973, at 9:30 [FR Doc.73-23063 Filed 10-29-73:8:45 am] cilities) designed to reduce the level of a.m. radioactivity in the plant’s effluent. The total cost o f Facilities already installed The purpose of the meeting is to ob­ [File No. 500-1] tain advice on reporting problems in­ and in the process of installation is esti­ volved in public use reports of the Occu­ BENEFICIAL LABORATORIES, INC. mated to be $11,650,000, which sum in­ pational Safety and Health Administra­ Notice of Suspension of Trading cludes a $959,000 contingency provision. tion inspection and accident investiga­ Construction of the Facilities is expected October 19, 1973. to be completed prior to November 1, tion activities. The meeting will be open 1976. to public observation and participation. It appearing to the Securities and Ex­ change Commission that the summary The Connecticut Development Au­ Phillip D. Laisen, suspension of trading in the common thority (Authority) is authorized under Acting Assistant to the stock, warrants, and units of Beneficial the laws of the State of Connecticut to Director for Administration. Laboratories, Inc. being traded otherwise assist in the planning and financing of [FR Doc.73-22995 Filed 10-29-73:8:45 am] than on a national securities exchange is facilities to control environmental pollu­ required in the public interest and for tion derived from the operation of indus­ SECURITIES AND EXCHANGE the protection of investors; try and commerce. In this connection, Therefore, pursuant to section 15(c) the Authority may extend credit or make COMMISSION (5) of the Securities Exchange Act of loans secured by loan agreements, and [File No. 500-1] 1934, trading in such securities other­ issue its bonds for such purposes. Ac­ AZTEC PRODUCTS, INC. wise than on a national securities ex­ cordingly, the Companies propose to change is suspended, for the period from enter into an agreement (Loan Agree­ Notice of Suspension of Trading October 21, 1973, through October 30, ment) with the Authority with respect to October 19, 1973. 1973. the construction and financing of the It appearing to the Securities and Ex­ By the Commission. facilities at its Millstone Plant, and pur­ change Commission that the summary suant thereto, issue to the Authority its suspension of trading in the common [seal] George A. Fitzsimmons, promissory note (N ote), in an aggregate stock of Aztec Products, Inc., being Secretary. amount not to exceed $11,650,000. In traded otherwise than on a national se­ [FR Doc.73-23065 Filed 10-29-73:8:45 am] turn, the Authority will issue and sell its curities exchange is required in the pub­ Pollution Control Revenue Bonds (Pollu­ lic interest and for the protection of tion Bonds) up to a total aggregate investors; [70-5397] amount of $11,650,000 and advance the Therefore, pursuant to section 15(c) CONNECTICUT LIGHT AND POWER CO. proceeds from the sale to the Companies (5) of the Securities Exchange Act of ET AL. pursuant to the terms of the Loan Agree­ 1934, trading in such securities otherwise ment to provide funds theretofore ex­ Notice of Proposed Issue and Sale of Prom­ pended and to be expended by the than on a national securities exchange is issory Note Pursuant to a Loan Agree­ suspended, for the period from Octo­ ment With State Development Authority Companies for the construction of the ber 21,1973, through October 30,1973. To Finance Pollution Control Facilities; Facilities. Exception From Competitive Bidding The Pollution Bonds will be issued By the Commission. under and secured by a Trust Indenture Notice is hereby given that The Con­ (Indenture) between the Authority and [seal] G eorge A. Fitzsimmons, necticut Light and Power Company Secretary. Hartford National Bank and Trust Com­ (CL&P), P.O. Box 2010, Hartford, Con­ pany (Trustee). It is stated that the [FR Doc.73-23062 Filed 10-29-73;8:45 am] necticut 06101. The H artford Electric Bonds will not constitute general obliga­ Light Company (HELCO), P.O. Box tions of the State, but will be revenue [File No. 500-1] 2370, H artford, Connecticut 06101, and bonds, the principal and interest on Western Massachusetts Electric Com­ which will be payable solely out of funds BBI, INC. pany (WMECO), 174 Brush Hill Avenue, paid by the Companies pursuant to the Notice of Suspension of Trading West Springfield, Massachusetts 01089 Loan Agreement. It is expected that the (collectively referred to herein as the October 19, 1973. Pollution Bonds will be dated Novem­ “Companies”), each a wholly owned ber 1,1973, and bear a final maturity date The common stock of BBI, Inc., being electric utility subsidiary of Northeast o f November 1, 1968. The terms of the traded on the American Stock Exchange Utilities (Northeast), a registered hold­ Bonds will provide for mandatory sink­ and the Philadelphia-Baltimore-Wash- ing company, have filed an application ing funds installments o f $950,000 per ington Stock Exchange pursuant to pro­ and amendment thereto with this Com­ annum, commencing in 1988 and ending visions of the Securities Exchange Act of mission designating section 6(b) of The in 1997, with a final payment o f $2,150,- 1934 and all other securities of BBI, Inc., Public Utility Holding Company Act of 000 due at the maturity date of Novem­ being traded otherwise than on a na­ 1935 (“Act”) and Rule 50 promulgated ber 1, 1998. The Indenture will contain tional securities exchange; and thereunder as applicable to the follow­ certain redemption provisions which will It appearing to the Securities and Ex­ ing proposed transaction. All interested include the right of the Companies to change Commission that the summary persons are referred to the application, cause the redemption o f the Pollution suspension of trading in such securities as amended, which is summarized below, on such exchanges and otherwise than on for a complete statement of the proposed Bonds, in whole or in part, at any time a national securities exchange is required transaction. after they have been outstanding for 10 in the public interest and for the protec­ The Companies state that they own, as years at an initial premium of 3 percent tion of investors; tenants-in-common, the Millstone Point declining by % percent every year.

FEDERAL REGISTER, VOL. 38, N O . 208— TUESDAY. OCTOBER 30, 1973 NOTICES 29931

It is stated that the Pollution Bonds Any such request should be addressed: Act of 1935 (Act), designating sections are expected to be marketed pursuant to Secretary, Securities and Exchange Com­ 6 (a ), 7, 9 (a ), 10, and 12(f) o f the Act arrangements among the Companies, mission, W ashington, D.C. 20549. A copy and Ride 43 promulgated thereunder as the Authority and Morgan Stanley & of such request should be served per­ applicable to the proposed transactions. Co., Incorporated. The Companies state sonally or by mail (airmail if the person All interested persons are referred to the that the interest payable on the Pollution being served is located more than 500 application-declaration, which is sum­ Bonds will be exempt from Federal in­ miles from the point of mailing) upon the marized below, for a complete statement come taxation. It is not possible to ascer­ applicant at the above-stated address, of the proposed transactions. tain in advance precisely th e interest and proof of service (by affidavit or, in Louisiana proposes to issue and sell to rate which may be obtained in connec­ case of an attorney at law, by certificate) Middle South, and Middle South pro­ tion with the issuance of the Pollution should be filed with the request. At any poses to acquire, an additional 4,725,000 Bonds, but the Companies are advised time after said date, the amended appli­ shares of Louisiana’s common stock, that tax-exem pt bonds of like quality cation, as filed or as it may be further without nominal or par value, for an and tenor have historically carried an amended, may be granted as provided in aggregate purchase price of $30,000,000, annual interest rate approximately one Rule 23 of the general rules and regula­ which funds Middle South proposes to and one-half to two percent lower than tions promulgated under the Act, or the obtain through borrowings from com­ comparable taxable long-term corporate Commission may grant exemption from mercial banks.1 Louisiana, also, proposes bonds. such rules as provided in Rules 20(a) and to issue and sell, and Middle South pro­ The Note which the Companies will 100 thereof or take such other action as poses to acquire an additional 155,000 issue to the Authority will be in an aggre­ it may deem appropriate. Persons who shares of common stock for an aggregate gate principal amount equal to the request a hearing or advice as to whether purchase price of $988,000 in conjunc­ amount of the Pollution Bonds. Interest a hearing is ordered will receive notice tion with Louisiana’s concurrent pay­ and principal on the Note will be payable of further developments in this matter, ment to Middle South (its sole common at times and in amounts corresponding including the date of the hearing (if stockholder) of a special cash dividend to interest and principal requirements on ordered) and any postponements thereof. of like amount. To effect the proposed issuances and the Pollution Bonds. The Loan Agree­ For the Commission, by the Division ment requires that such payments on the sales of its common stock, Louisiana pro­ of Corporate Regulation, pursuant to poses to amend its Certificate of Incor­ Note shall be made in all events, not­ delegated authority. withstanding failure of the Project to poration to increase the number of shares operate successfully, any casualty, con­ [ sea l] G eorge A . F it z s im m o n s , of common stock authorized to be out­ demnation, failure of title or other oc­ Secretary. standing from 26,000,000 shares to 36,- currence. The Note will be pledged under [FR Doc.73-23081 Filed 10-29-73;8:45 am] 000,000 shares, with 30,680,000 shares to the Indenture by assignment to the be outstanding upon completion of the Trustee. The Loan Agreement further proposed transactions. provides that upon any event o f default [FUe No. 500-1] Louisiana proposed to utilize the pro­ therein specified, all unpaid principal of FIRST LEISURE CORPORATION ceeds from the issuance and sales of common stock to retire then outstand­ and accrued interest on the Note may be Notice of Suspension'of Trading declared, and thereupon shall be, imme­ ing short-term debt, to finance its diately due and payable. O ctober 19, 1973. construction program (estimated at For accounting and financial reporting It appearing to the Securities and Ex­ $131,300,000 for 1973), and for general purposes the indebtedness of each Com­ change Commission that the summary corporate purposes. pany under the Note will be capitalized. suspension of trading in the common Fees and expenses incident to the pro­ Applicants state that the Public Utili­ stock of First Leisure Corporation being posed transactions are estimated at ties Commission of the State of Connect­ traded otherwise than on a national se­ $4,500, including counsel fees of $1,000. icut has jurisdiction over the proposed curities exchange is required in the pub­ It is stated that no State commission issuance o f the Note by CL&P and lic interest and for the protection of and no Federal commission, other than HELCO and may assert similar jurisdic­ investors; this Commission, has jurisdiction over tion in regard to WMECO. The Massa­ Therefore, pursuant to section 15(c) the proposed transactions. chusetts Department of Public Utilities (5) of the Securities Exchange Act of Notice is further given that any in­ has jurisdiction over the proposed issu­ 1934, trading in such securities other­ terested person may, not later than No­ ance of the Note by WMECO. No other wise than on a national securities ex­ vember 15, 1973, request in writing that State or Federal commission, other than change is suspended, for the period from a hearing be held on such matter, stat­ this Commission, has jurisdiction over ing the nature of his interest, the rea­ October 23, 1973 through November 1, sons for such request, and the issues of the proposed transaction. A statement of 1973. fact or law raised by said application- the fees and expenses to be incurred in By the Commission. declaration which he desires to contro­ connection with the proposed transaction vert; or he may request that he be noti­ will be filed by amendment. [ seal] G eorge A. F it z s im m o n s , Secretary. fied if the Commission should order a The Companies request that the issue hearing thereon. Any such request of the Note be exempted from the com­ [FR Doc.73-23064 Filed 10-29-73; 8;45 am] should be addressed: Secretary, Securi­ petitive bidding requirements of Rule 50, ties and Exchange Commission, Wash­ on the ground that the Note will be is­ [70-5403] ington, D.C. 20549. A copy of such re­ sued for the acquisition of property by quest should be served personally or by the issuers and the interest rate thereon MIDDLE SOUTH UTILITIES, INC. AND is to be determined by' an issuance of LOUISIANA POWER & LIGHT CO. mail (airmail if the person being served securities (the Bonds) which is not sub­ is located more than 500 miles from the Notice of Proposed Issue and Sale of Com­ point of mailing) upon the applicant- ject to the provisions of the Act. mon Stock to Parent Holding Company Notice is further given that any inter­ declarant at the above-stated address, ested person may, not later than Novem­ Notice is hereby given that Middle and proof of service (by affidavit or, in ber 12, 1973, request in writing that a South Utilities, Inc. (Middle South), 280 hearing be held on such matter, stating Park Avenue, New York, New York 10017, a registered holding company, and Lou­ 1 Middle South has filed with this Com­ the nature of his interest, the reasons for mission a pending post-effective amendment such request, and the issues of fact or isiana Power & Light Company (Louisi­ ana) , 124 Delaronde Street, New Orleans, to its declaration, File No. 70-5366, In which law raised by said amended application, it is proposed that Middle South borrow up as filed, or as it may be further amended, Louisiana 70174, its electric utility sub­ to $88,700,000 from a group of commercial which he desires to controvert, or he may sidiary, have filed an application-dec­ banks, under terms of a $135,000,000 revolv­ request that he be notified if the Com­ laration with this Commission, pursuant ing credit agreement dated as of July 1, mission should order a hearing thereon. to the Public Utility Holding Company 1973.

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29932 NOTICES

case of an attorney at law, by certifi­ be issued under an Indenture of Trust filed or as it may be amended, may be cate) should be filed with the request. and First Mortgage dated as of Novem­ granted and permitted to become effec­ At any time after said date, the appli­ ber 15, 1936, between NEPCO and New tive as provided in Rule 23 o f the general cation-declaration, as amended or as it England Merchants National Bank (suc­ rules and regulations promulgated under may be further amended, may be granted cessor to the New England Trust Com­ the Act, or the Commission may grant and permitted to become effective as pro­ pany) , as Trustee, as amended and sup­ exemption from such rules as provided in vided in Rule 23 of the general rules plemented and to be further supple­ Rules 20(a) and 100 thereof or take such and regulations promulgated under the mented by a Nineteenth Supplemental other action as it may deem appropri­ Act, or the Commission may grant ex­ Indenture, dated as of December 1, 1973. ate. Persons who request a hearing or ad­ emption from such rules as provided in NEPCO further proposes to increase its vice as to whether a hearing is ordered Rules 20(a) and 100 thereof or take such capital stock by the authorization and is­ will receive notice of further develop­ other action as it may deem appropri­ sue of not in excess of 500,000 shares of ments in this matter, including the date ate. Persons who request a hearing or its common stock, par value $20 per of the hearing (if ordered) and any post­ advice as to whether a hearing is or­ share. NEES, the sole common stock­ ponements thereof. dered, will receive notice of further de­ holder; proposes to acquire such shares velopments in this matter, including the for a cash consideration of $40 per share, For the Commission, by the Division date of the hearing (if ordered) and any or an aggregate of $20,000,000. Upon such of Corporate Regulation, pursuant to postponements thereof. issue and sale NEPCO will have out­ delegated authority. For the Commission, by the Division standing 5,199,896 shares o f common [ seal] G eorge A . F it zsim m o n s, of Corporate Regulation, pursuant to stock with an aggregate par value of Secretary. delegated authority. $103,997,920. [FR Doc.73-23080 Filed 10-29-73;8:45 am] The net proceeds from the sale of the [ seal] G eorge( A . F it zs im m o n s , bonds and common stock are proposed to Secretary. be used to reduce the amount of [File No. 500-1] [FR Doc.73-23079 Filed 10-29-73;8:45 am] NEPCO’s outstanding short-term prom­ PENN GENERAL AGENCIES, INC. issory notes, aggregating $63,175,000 at October 4,1973, which were issued to pay Notice of Suspension of Trading [70-5406] for capitalizable expenditures or to the October 19, 1973. NEW ENGLAND ELECTRIC SYSTEM AND reimbursement of its treasury therefor. It appearing to the Securities and Ex­ NEW ENGLAND POWER CO. NEPCO states that the Massachusetts change Commission that the summary Notice of Proposed Issue and Sale by Sub­ Department of Public Utilities, the New suspension of trading in the common sidiary Company, Amount of First Mort­ Hampshire Public Utilities Commission, stock, warrants and units of Penn Gen­ gage Bonds at Competitive Bidding and the Vermont Public Service Board eral Agencies, Inc., being traded other­ Principal have jurisdiction over the proposed issue wise than on a national securities ex­ and sale of bonds and common stock and change is required in the public interest Notice is hereby given that New Eng­ that no other State commission or Fed­ land Electric System (NEES), a reg­ and for the protection of investors; eral commission, other than this Com­ Therefore, pursuant to section 15(c) istered holding company, and its electric mission, has jurisdiction over the pro­ utility subsidiary, New England Power (5) of the Securities Exchange Act of posed transactions. Fees and expenses re­ 1934, trading in such securities other­ Company (NEPCO), 20 Turnpike Road, lated to the proposed bonds are esti­ W estborough, Massachusetts 01581, have wise than on a national securities ex­ filed an application-declaration with this mated at $115,000, including New Eng­ change is suspended, for the period from Commission pursuant to the Public Util­ land Power Service Company expenses October 20,1973, and continuing through ity Holding Company Act o f 1935 (A c t), (at cost) of $40,000, independent en­ October 29, 1973. gineers’ charges of $7,000, and account­ designating sections 6(a), 6(b), 7, 9(a), By the Commission. 10, and 12 o f the Act and Rules 42 and 50 ing fees o f $7,500. The fees and expenses promulgated thereunder as applicable to of counsel for the bidders will be sup­ [ seal] G eorge A . F it zsim m o n s, the proposed transactions. All interested plied by amendment and will be paid Secretary. by the successful bidders, except as pro­ persons are referred to the application- [FR Doc.73-23067 Filed 10-29-73;8:45 am] declaration, which is summarized below, vided in the purchase agreement relating for a complete statement of the proposed to the purchase of the bonds. Total esti­ transactions. mated expenses in connection with the [File No. 500-1] proposed common stock are $3,400 for NEPCO proposes to issue and sell, sub­ NEPCO and $200 for NEES. PENNSYLVANIA LIFE CO. ject to the competitive bidding require­ Notice is further given that any inter­ Notice of Suspension of Trading ments o f Rule 50, $40,000,000 principal ested person may, not later than Novem­ O ctober 19, 1973. amount of First Mortgage Bonds, Series ber 23, 1973, request in writing that a T ,------percent, due ______The in ­ hearing be held on such matter, stating It appearing to the Securities and Ex­ terest rate (which shall be a multiple of the nature of his interest, the reasons for change Commission that the .summary 34 of 1 percent) and the price, exclusive such request, and the issues of fact or suspension of trading in the common of accrued interest, to be paid to NEPCO law raised by said application-declara­ stock, warrants and units of Pennsyl­ (which shall not be less than the prin­ tion which he desires to controvert; or he vania Life Company, being traded other­ cipal amount nor more than 102% per­ may request that he be notified if the wise than on a national securities ex­ cent thereof) will be determined by the Commission should order a hearing change is required in the public interest competitive bidding. The Series T Bonds thereon. Any such request should be ad­ and for the protection of investors; will bear interest from December 1, 1973. dressed;. Secretary, Securities and Ex­ Therefore, pursuant to section 15(c) NEPCO will notify prospective bidders change Commission, Washington, D.C. (5) of the Securities Exchange Act of not later than 12 noon on the second full 20549. A copy o f such request should be 1934, trading in such securities otherwise business day prior to the time designated served personally or by mail (airmail if than on a national securities exchange is for the submission of bids (i) the date the person being served is located more suspended, for the period from Octo­ on which the bonds shall mature, which than 500 miles from the point of m ail­ b e r '20, 1973, and continuing4 through date shall not be more than 30 years ing) upon the applieamts-declarants at October 29, 1973. from December 1,1973, and (ii) whether the above-stated address, and proof of or not the bonds shall be redeemable dur­ By title Commission. ing the first five years of their term, or service (by affidavit or, in case of an at­ torney at law, by certificate) should be [ seal] G eorge A . F it zsim m o n s, some lesser portion thereof, in connec­ Secretary. tion with refunding at a lesser effective filed with the request. At any time after interest cost to NEPCO. The bonds will said date, the application-declaration, as [FR Doc.73-23066 Filed 10-29-73;8:45 am]

FEDERAL REGSSTER, VOL. 38, N O . 208— TUESDAY, OCTOBER 30, 1973 NOTICES 29933

[Pile No. 500-1] 1:00 p.m. (e.d.t.) on October 18, 1973, [812-3336] ROYAL PROPERTIES INC. through October 27,1973. VALUE LINE SPECIAL SITUATIONS FUND, INC. Notice of Suspension of Trading By the Commission. Notice of Filing of Application for an Order O ctober 19,1973. [ seal] G eorge A . F it zs im m o n s , Secretary. Exempting Proposed Transaction It appearing to the Securities and Ex­ [STS ES0C.T3-23C71 Piled 10-29-73;8:45 am ] Notice is hereby given that Value line change Commission that the summary Special Situations Fund, Inc. (the Fund), suspension of trading in the common 5 East 44th Street, New York, New York stock of Royal Properties Incorporated, [Pile No. 500-1] 10817, registered as a diversified, open- being, traded otherwise than on a na­ TRIEX INTERNATIONAL CORP. end management investment company tional securities exchange is required in under the Investment Company Act of the public interest and for the protection Notice of Suspension of Trading 1940 (Act), and Decieom Systems, Inc. of investors; O ctober 19, 1973. (Decicom), a Delaware corporation, have Therefore, pursuant to section 15 (e> It appearing to the Securities and Ex­ filed an application pursuant to section (5) of the Securities Exchange Act of change Commission that the summary 17(b) of the Act for an order of the Com­ 1934, trading in such securities otherwise suspension of trading in the common mission exempting from the provisions of than on a national securities exchange is stock of Triex International Corporation, section 17(a)' of the Aet the transfer of suspended, for the period from October being traded otherwise than on a na­ Decicom shares to the Fond pursuant to 20-, 1973, and continuing through October tional securities exchange is required in an Arrangement under Chapter XI of 29, 1973. the public interest and for the protec­ the Federal Bankruptcy Act (the Ar­ rangement). All interested persons are By the Commission. tion ©f investors; referred to the application on file with [ seat] G eorge A . F it z s im m o n s , Therefore, pursuant to section 15(c) the Commission for a statement of the Secretary. (5) of the Securities Exchange Act of representations contained therein, which 1934, trading in such securities other­ [PR Doc.73i-2306gPiled 10-29-73;8:45 am] are summarized below. wise than on a national securities ex­ Decicom was organized in September change is suspended, for the period from 1968, as a wholly owned subsidiary of [Pile No. 50G-1] October 21,1973, and continuing through Decitron. Electronics Corp. (DEC), a New October 30, 1973. SEABOARD CORP. York corporation engaged primarily in By the Commission. military electronics work. Its purpose was Notice of Suspension of Trading to obtain, financing for the development [ seal] G eorge A. F it z s im m o n s , of DEC’S commercial products and con­ O ctober 18,1973. Secretary. It appearing to the Securities and Ex­ cepts. On September 30, 1968, the Fund change Commission that the summary [PR Doc.73-23070 Filed 10-29-7.3;8:45 am] purchased 50,000 shares of the common, suspension of trading in the common stock of Decicom for $15.00 per share stock, units and warrants of Seaboard pursuant to a stock purchase agreement [File No. 500-1]; (the Agreement) which contained vari­ Corporation, being traded otherwise than U.S. FINANCIAL INC. on a national securities exchange is re­ ous undertakings by Decieom including quired in the public interest and for the Notice of Suspension of Trading some relating to future registration of protection of investors; the shares under the Securities Act of O ctober 19,1973. 1933. The shares purchased represented Therefore, pursuant to section 15(e> The common stock of U.S. Financial 7.9 perçoit of the total number of shares (5) ©f the Securities and Exchange Act of Incorporated, being traded on the New issued by Decieom, and Fund, and Deci­ 1934, trading in such securities other­ com, by reason, of the purchase, became wise than on a national securities ex­ York Stock Exchange pursuant to pro­ visions of the Securities Exchange Act affiliated persons of each other within change is suspended, for the period from the meaning o f section 2(a) (3> o f the 5:25 p.m. (EDT) on October 18, 1973, o f 1934 and all other securities of U.S. Act. through October 27, 1973. Financial Incorporated, being traded On. February 4, 1971, both DEC and By the Commission. otherwise than on a national securities Decicom filed petitions for arrangements exchange; and under Chapter XI of the Federal Bank­ [seal] G eorge A. F itzsimmons, ruptcy Act. DEC was unable to propose Secretary. It appearing to the Securities and Exchange Commission that the summary an acceptable arrangement and was ad­ [FR Doc.73—23069 Piled 10-29-73; 8:45 am] judicated bankrupt in June 1971. The suspension of trading in such securities Arrangement made in connection with on such exchange and otherwise than on [File No, 500-1] Decicom provides for the issuance of one a national securities exchange is required share of Decicom’s Common Stock for TECHNICAL RESOURCES, INC. in the public interest and for the protec­ each. $5.00 of indebtedness. The Arrange­ Notice of Suspension of Trading tion. of investors; ment was accepted by the creditors of Decicom and confirmed by the Referee O ctober 18, 1973. Therefore, pursuant to sections 19(a) in Bankruptcy (the Referee). In the It appearing to the Securities and Ex­ (4) and 15(c)(5) of the Securities Ex­ course of these proceedings, the Referee change Commission that the summary change Act o f 1934, trading in such issued a decision disaffirming the execu­ suspension of trading in the eommen securities on the above mentioned ex­ tory portions of the Agreement and di­ stock of Technical. Resources, Inc., being change and otherwise than on a national rected the Fund to make a claim for dam­ traded otherwise than on a national se­ securities exchange is suspended, for ages. Shortly after such decision, the Fund curities exchange is required in the pub­ filed a claim for damages in the amount lic interest and for the protection of the period from October 21, 1973, and of $50,000 payable in 10,000 shares o f investors; continuing through October 30,1973. Decieom as per the Arrangement. Deci­ Therefore, pursuant to section 15 Cc> By the Commission. com did not contest the claim of dam­ (5) of the Securities Exchange Act of ages which was subsequently allowed by G eorge A. F it zs im m o n s , the Referee. The 10,000 shares o f Deci­ 1934, trading in such securities other­ Secretary. wise than on a national securities ex­ com to be delivered to Fund In settle­ change is suspended, for the period from [FR Doc.73-23072 Filed 10-29-73;8;45 am] ment of its claim for damages have been

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 No. 208—P t. 1---- 10 29934 NOTICES in the possession of a distributor ap­ as to whether a hearing is ordered, will pear below and will be published only pointed by the Referee since May 16, receive notice of further developments in once. This list contains prospective as­ 1972, and will remain in the hands o f this matter, including the date of the signments only and does not include such distributor until the requested order hearing (if ordered) and any postpone­ cases previously assigned hearing dates. is issued. ments thereof. The hearings will be on the issues as Section 17(a) of the Act provides, in For the Commission^ by the Division presently reflected in the Official Docket pertinent part, that it is unlawful for of Investment Management Regulation, of the Commission. An attempt will be any affiliated person of a registered in­ pursuant to delegated authority. made to publish notices of cancellation vestment company to knowingly sell to of hearings as promptly as possible, but or purchase from such registered in­ [seal] G eorge A. Fitzsimmons, interested parties should take appropri­ vestment company any security or other Secretary. ate steps to insure that they are notified property unless the Commission, upon [FR Doc.73-23082 Filed 10-29-73;8:45 am] of cancellation or postponements of application pursuant to section 17(b), hearings in which they are interested. grants an exemption from the provisions No amendments will be entertained after of section 17(a) upon finding the terms TARIFF COMMISSION the date of this publication. of the proposed transaction, including [337-L-6Ì] MC 34156 Sub 5, Nledert Motor Service, Inc., the consideration to be paid, are reason­ DUAL-IN-LINE REED RELAYS is continued to November 19, 1973, at Chi­ able and fair and do not involve over­ cago, 111., in Room 1086A, Everett McKin­ reaching on the part of any person con­ Notice of Dismissal of Preliminary Inquiry ley Dirksen Building, 219 S. Dearborn cerned, and that the proposed transac­ Street. On the basis of the submissions made MC-87511 Sub 15, Saia Motor Freight Line, tion is consistent with the policy of each to the Commission by interested parties, Inc., now assigned November 12, 1973, will registered investment company con­ the Tariff Commission on October 16, be held at the Conservation Hearing Room, cerned and with the general purposes of 1973, dismissed preliminary inquiry 337- State Land & Natural Resources Bldg., the Act. L-61 without a determination on its 1st Floor, Corner of North & Riverside The Fund asserts that the 50,000 merits. Mall, Baton Rouge, La., instead of in the shares of Decicom owned by it at the State Library Auditorium, 1st Floor, 760 time of the bankruptcy proceedings were Issued: October 25, 1973. Riverside Mall. MC-C-8132, Leonard Bros. Trucking Co., not worth substantially in excess of By order of the Commission. Inc.—Investigation and Revocation of $50,000, the amount of the claim for [ seal] K enneth R. M ason, Certificates, now assigned December 3, damages. A one share for one dollar of Secretary. 1973, at . Miami, Fla., is postponed indebtedness conversion ratio was used indefinitely. [FR Doc.73-23106 Filed 10-29-73;8:45 am] by a group of lenders in the only volun­ MC—118282 (Sub-Nos. 12, 13, 17, 19, 20, & tary transaction with the debtor-in- 23) Transystems, Inc., now being assigned possession at about the same time as the VETERANS ADMINISTRATION hearing December 3, 1973 (2 days), in bankruptcy proceedings, and the Fund Suite 121 Florida Public Service Commis­ contends that this transaction is a reli­ VETERANS ADMINISTRATION WAGE sion, Koger Executive Center Albany Bldg., able indicator of the value of a Decicom COMMITTEE 8400 NW., 56 Street, Miami, Florida. W-1069 Sub 1, Gulf Atlantic Transport Corp., share. The Fund submits, therefore, that Notice of Meetings its $50,000 claim for damages is a fair now assigned October 29, 1973, at Wash­ The Veterans Administration gives no­ ington, D.C., is postponed to January 22, and reasonable statement of its damages 1974, at the Offices of the Interstate Com­ resulting from the disaffirmance of the tice that meetings of the VA Wage Com­ merce Commission, Washington, D.C. Agreement by Decicom and that the re­ mittee will be held at the Veterans Ad­ MC 33641 Sub 101, IML Freight, Inc., appli­ ceipt o f 10,000 shares of Decicom in satis­ ministration Central Office, 810 Vermont cation dismissed. faction of its claim is reasonable and fair Avenue NW., Washington, D.C., on: MC 151 Sub 49, Lovelace Truck Service, Inc., and consistent with Fund’s investment Thursday, November 8, 1973. now being assigned hearing January 14, policy and the general provisions of the Wednesday, November 21, 1973. 1974 (2 weeks), at St. Louis, Mo., in a Act. Thursday, December 6, 1973. hearing room to be later designated. Notice is further given that any inter­ Thursday, December 20,1973. MC-7840 Sub 4, St. Lawrence Freightways, ested person may, not later than Novem­ Inc., is continued to November 19, 1973 The meetings will convene in Room (3 days), in Room 306, U.S. Post Office & ber 13, 1973, at 5:30 p.m., submit to the 1100 at 2:00 p.m. fo r the purpose o f re­ Commission in writing a request for a Courthouse, 445 Broadway, Albany, N.Y. viewing the adequacy of data obtained in MC-F-11923, Crouse Cartage Co*—Purchase— hearing on the matter accompanied by a wage surveys conducted under the lead Circle M. Truck Line & MC-123389 (Sub-No. statement as to the nature of his inter­ of VA field stations and under the pro­ 16), Crouse Cartage Co., now being as­ est, the reasons for such request, and cedure requirements of the Federal Wage signed hearing January 28, 1974 (2 weeks), the issues, if any, of fact or law proposed System. at Kansas City, Mo., in a hearing room to to be controverted, or he may request The meetings will be closed to the pub­ be later designated. that he be notified if the Commission lic under the provisions of section 10(d) MCC—8144, Arkansas-Best Freight System, shall order a hearing thereon. Any such of Pub. L. 92-463, based on the confiden­ Inc., Investigation and Revocation of Cer­ communication should be addressed: tificates, now being assigned hearing Jan­ tial nature of information under uary 14, 1974 (1 day), at Kansas City, Mo., Secretary, Securities and Exchange Com­ consideration. mission, W ashington, D.C. 20549. A copy in a hearing room to be later designated. of such request shall be served personally Dated: October 24,1973. MC 111231 Sub 181, Jones Truck Lines, Inc., now being assigned hearing January 15, or by mail (airmail if the person being By direction of the Administrator. 1974 (2 days), at Kansas City, Mo., in a served is located more than 500 miles hearing room to be later designated. from the point of mailing) upon the [seal] R ufus H. W ilson, Associate Deputy Administrator. MC 113908 Sub 270, Erickson Transport Cor­ Fund at the address stated above. Proof poration, now being assigned hearing Jan­ of such service (by affidavit, or in the [FR Doc.73-22974 Filed 10-29-73;8:45 am] uary 17, 1974 (2 days), at Kansas City, case of an attorney at law, by certificate) Mo., in a hearing room to be later des­ shall be filed contemporaneously with the INTERSTATE COMMERCE ignated. request. As provided by Rule 0-5 of the MCC-7895, Land-Air Delivery, Inc. V. Spring- rules and regulations promulgated under COMMISSION field Airport Limousine, Inc. et al., now the Act, an order disposing of the appli­ [Notice No. 371] being assigned hearing January 21, 1974 (2 days), at Kansas City, Mo., in a hearing cation will be issued as of course follow­ ASSIGNMENT OF HEARINGS ing said date, unless the Commission room to be later designated. O ctober 25, 1973. MC 42011 Sub 10, D. Q. Wise & Co., Inc., thereafter orders a hearing upon request now being assigned hearing January 23, or upon the Commission’s own motion. Cases assigned for hearing, postpone­ 1974 (3 days), at Kansas City, Mo., in a Persons who request a hearing, or advice ment, concellation, or oral argument ap­ hearing room to be later designated.

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 NOTICES 29935

MC 115331 Sub 340, Truck Transport, Incor­ on the quality of the human environment County, N.Y. Sidney J. Leshin, 575 Madi­ porated, now being assigned January 38, resulting from approval of the applica­ son Avenue, New York, N.Y. 10022, at­ 1974 (3 days), at St. Louis, Mo., in a bearing tion. As provided in the Commission’s torney for applicants. room to be later designated. Special Rules of Practice any interested MO 40757 Sub 16, Creech Brothers Truck No. MC-PC-74771. By order entered Lines, Inc., now being assigned January 30, person may file a petition seeking recon­ October 24, 1973, the M otor Carrier 1974 ( 3 days), at St. Louis, Mo., in a hear­ sideration of the following numbered Board approved the transfer to Alto’s ing room to be later designated. proceedings on or before November 19, Express, Inc., Philadelphia, Pa., of the ^_p_11318, Superior Trucking Co., Inc.— 1973. Pursuant to section 17(8) o f the operating rights set forth in Certificates Purchase— (portion)—Daniel Hamm Dray- Interstate Commerce Act, the filing of Nos. MC-2017 and MC-2017 (Sub-No. 5), age eo.r MC—F-11631, Ace Doran Hauling such a petition will postpone the effec­ & Rigging Company—Purchase (Por­ issued by the Commission March 28, tive date of the order in that proceeding 1967, and M arch 6, 1973, to Brown’s tion)—Daniel Hamm Drayage Company; pending its disposition. The matter re­ MC-F-11742, Ace Doran Hauling & Rigging Trucking Co., Beverly, N.J., authorizing Co.—Control-—Daniel Hamm Drayage Com­ lied upon by petitioners must be specified the transportation of general commodi­ pany, now being assigned February 4, 1974, in thier petitions with particularity. ties, with the usual exceptions, between at St. Louis, Mo., in a hearing room to be No. MC-FC—74058. By order o f Octo­ specified points in New York, New Jersey, later designated. ber 24, 1973, the M otor Carrier Board and Pennsylvania; and frozen bakery [seal] R obert L. O swald, approved the transfer to Otto James Lee products, from the plantsite of Stouffer Secretary. Womelsdorf, d.b.a. Womelsdorf Truck Foods, Division of Litton Industries, Line, Iola, Kansas, of Certificate No. Upper Merion Township, Montgomery [FR Doc.73-23090 Hied 10-29-73:8:45 am] MC-52551 issued October 19, 1960, to O. County, Pa., to Trenton, N.J., New York, J. Womelsdorf, Mapleton, Kansas, au­ N.Y., and points in that part of New thorizing the transportation, of livestock, Jersey north o f New Jersey Highway 33, FOURTH SECTION APPLICATION FOR ground feed and lumber, from and to restricted to the transportation of traf­ RELIEF points in Kansas and Missouri. Otto fic originating at the above-named O ctober 25« 1273, James Lee Womelsdorf, 418 S. First, Iola, plantsite. Raymond A. Thistle, Jr., Suite An application, as summarized below, Kansas 66749, for Applicants. 1012, Four Penn Center Plaza, Philadel­ has been filed requesting relief from the No. MC-FC-74562. By order of Octo­ phia* Pa. 19103, attorney for applicants. requirements of section 4 of the Inter­ ber 24, 1973, the M otor Carrier Board No. MC-FC-74777. By order entered state Commerce Act to permit common approved the transfer to Reliance Motor October 24,1973, the Motor Carrier Board carriers named or described in the ap­ Coach Company, Inc., Railroad, Pa., of approved the transfer to Read’s Van plication to maintain higher rates and Certificates Nos. MC-113096 Subs 1, 2, Service, Inc., Hatboro, Pa., of the operat­ charges at intermediate points than and 7, issued July 9, 1952, July 14, 1954, ing rights set forth in Certificate No. those sought to be established at more and August 5, 1965, respectively, to Carl MC-30581, issued April 12, 1972, to distant points. W. Caskey, d,b.a. Reliance Motor.Coach Stephen J. Dautcher and Stephen J. Protests to the granting of an applica­ Co., Railroad, Pa., authorizing the trans­ Dautcher, Jr., doing business as Read’s. tion must be prepared in accordance with, portation of passengers, hi round trip Van Service, Hatboro, Pa., authorizing Rule 40 o f the General Rules of Practice charter operations, and passengers and the transportation of household goods (43 CPR 1100.40) and. filed within 15 their baggage, express, mail, and news­ as defined by the Commission, between days from the date of publication in the papers in the same vehicles with passen­ Philadelphia, Pa., and points within 15 Federal R egister. gers, between points as specified to miles of Philadelphia, on the one hand, PSA No. 42764—Cinders from Erwin- Pennsylvania, Maryland, "Virginia, and and, on the other, points in New York, vUle, La. Piled by Southwestern Freight the District of Columbia. Michael P. New Jersey, Pennsylvania, Delaware, and Bureau, agent (No. B-441), for inter­ Loucks, Liverarrt, Senft and Cohen, 15 Maryland. Harry J. liederbach, 539 ested raft carriers. Rates on einders, viz.: S. Duke St. (P.O. Box 72), York, Pa. Street Road, Southampton, Pa. 18966, clay, coal, shale, or slate, in open-top 17405, attorney for Applicants. attorney for applicants. cars, in carloads, as described in appli­ No. MC-FC-74676-. By order entered ( seal] R obert L. Oswald, cation, from Erwmville, La., to points October 24, 1973, th e M otor Carrier Secretary. in southern territory and Indiana; also Board approved the transfer to Gus (FR Doc.73-23088 Filed 10-29-73:8:45 am] Cincinnati, Ohio. Heath, d.b.a. Gus Heath Trucking, Kim­ Grounds for relief—Rate relationship. ball, Si Dak., of the operating rights set Tariff—Supplement 1 to Southwestern forth to Certificate No. MC-1Q3076, is­ (Notice No. 380] Freight Bureau, agent, tariff 162-Y, ICC sued M arch 25, 1968, in the name of Leo MOTOR CARRIER BOARD TRANSFER No. 5103. Rates are published to become Booth, d.b.a. Booth Trucking Service, PROCEEDINGS effective on December 1,1973. Vivian, S. Dak., and acquired by Larry Svoboda, d.b.a. Svoboda Truck Line, Synopses of orders entered by Division By the Commission. 3 of the Commission pursuant to sections Kimball, S. Dak., by order entered Au­ 212(b), 206(a), 211, 312(b), and 410(g) [seal] R obert L. O swald, gust 15, 1972, in No. MC-FC-73794, au­ thorizing the transportation of livestock of the Interstate Commerce Act, and Secretary. rules and regulations prescribed there­ [FB Doe.73-23087 Filed 10-29-73;«: 45 am] and various specified commodities from, under (49 CFR Part 1132), appear below; to, and between points in South Dakota, Each application I except as otherwise Nebraska, Iowa, and Minnesota. Gus (Notice No. 381] specifically noted) filed after March 27, Heath, d.b.a. Gus Heath Trucking, Kim­ 1972, contains a statement by applicants MOTOR CARRIER BOARD TRANSFER ball, S. Dak., for Applicant. that there will be no significant effeet on PROCEEDINGS No. MC-FC-74696. By order of Octo­ the quality of the human environment Synopses of orders entered by the ber 24, 1973, the Motor Carrier Board resulting from approval of the applica­ Motor Carrier Board of the Commission approved the transfer to Statewide tion. As provided in the Commission’s pursuant to sections 212(b), 206(a>, 211, Transportation Corp., Brooklyn, N.Y., of general rules of practice any interested 312(b), and 416(g) of the Interstate Certificate No. MC-94278 issued Janu­ person may file a petition seeking recon­ Commerce Act, and rules and regulations ary 24, 1968, to Greenfield Limousine sideration of the following numbered Prescribed thereunder (49 CFR Part Corporation, Newburgh, N.Y., author­ proceedings on or before November 29, 1132), appear below : izing the transportation of passengers, 1973. Pursuant to section 17(8) o f the Each application (except as otherwise in special operations, between New York, Interstate Commerce Act, the filing of specifically noted) filed after March 27, N.Y., on the one hand, and, on the other, such a petition will postpone the effective 1972, contains a statement by applicants points in Thompson, Fallsburgh, Never- date of the order in that proceeding that there will be no significant effect sink, and Liberty Townships, Sullivan pending its disposition. The matters

FEDERAL REGISTER, V O L 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29936 NOTICES relied upon by petitioners must be spec­ nets, dairy products, articles distributed Island, Nebr. 68801. SEND PROTESTS ified in their petitions with particularity. by packing houses, from Billings, Mont., TO: Herbert W. Allen, Transportation to the 48 states of the continental United Specialist, Interstate Commerce Commis­ No. MC—PC-74612. By order entered States; and (2) such commodities as are sion, Bureau o f Operations, 875 Federal October 11, 1973, Division 3 approved used by meat packers in the conduct of Building, Des Moines, Iowa 50309. the transfer to Maritime Cartage, Inc., their business destined to and for use by Hialeah, Florida, of that portion of the No. MC 107496 (Sub-No. 913 T A ), filed meat packers, from the 48 states of the October 15, 1973. Applicant: RUAN operating rights set forth in Certificate Continental United States, to Billings, No. MC-134598, issued by the Commis­ TRANSPORT CORPORATION, Third sion M arch 24, 1971, to Greater Miami Mont., for 180 days. SUPPORTING and Keosauqua W ay, P.O. Box 855, Des SHIPPER: Pierce Packing Company, 21 A ir Freight, Inc., Miami, Fla., authoriz­ Moines, Iowa 50309. Applicant’s repre­ ing the transportation of general com­ North 15th St., Billings, Mont. 59101. sentative: E. Check (same address as modities, except those of unusual value, SEND PROTESTS TO: Paul J. Labane, above). Authority sought to operate as classes A and B explosives, commodities District Supervisor, Interstate Commerce a common carrier, by m otor vehicle, over in bulk, household goods as defined by Commission, Bureau of Operations, Rm. irregular routes, transporting: Fly ash, the Commission, and commodities re­ 222, U.S. Post Office Building, Billings, in bulk, in tank vehicles, from the plant- quiring special equipment, between Mont. 59101. site of Central Illinois Light Company at points in Dade, Broward, and Palm No. MC 50307 (Sub-No. 67 T A ), filed Bartonville, m., and R. S. Wallace Sta­ Beach Counties, Fla., restricted to the October 15, 1973. Applicant: INTER­ tion at East Peoria, 111., to the Dundee transportation of shipments having a STATE DRESS CARRIERS, INC., 247 Cement Company plantsite near Clarks­ prior or subsequent movement by water. West 35th Street, New York, N.Y. 10001. ville, Mo., for 150 days. SUPPORTING John P. Bond, 30 Giralda Ave., Coral Applicant’s representative: Herbert Bur- SHIPPER: Dundee Cement Company, Gables, Fla. 33134, attorney for appli­ stein, One World Trade Center, New P.O. Box 67, Clarksville, Mo. 63336. SEND cants. York, N.Y. 10048. Authority sought to op­ PROTESTS TO: Herbert W. Allen, erate as a common carrier, by motor ve­ Transportation Specialist, Interstate [seal] R obert L. Oswald,^ Commerce Commission, Bureau of Op­ Secretary. hicle, over irregular routes, transport­ ing: Wearing apparel and materials, sup­ erations, 875 Federal Building, Des [PR Doc.73-23089 Piled 10-29-73; 8:45 am] plies, and equipment used in the manu­ Moines, Iowa 50309. facture thereof, between Cumberland, No. MC 113666 (Sub-No. 83 T A ), filed [Notice 146] Md., on the one hand, and, on the other, October 12,1973. Applicant: FREEPORT Lock Haven, Pa., for 150 days. SUP­ TRANSPORT, INC., 1200 Butler Road, MOTOR CARRIER TEMPORARY PORTING SHIPPER: Top of All Mfg., AUTHORITY APPLICATIONS Freeport, Pa. 16229. Applicant’s repre­ Inc., Wills Mountain, Cumberland, Md. sentative: Daniel R. Smetanick (same O ctober 24, 1973. SEND PROTESTS TO: Paul W. Assenza, address as above). Authority sought to The following are notices of filing of District Supervisor, Interstate Commerce operate as a common carrier, by motor application, except as otherwise specifi­ Commission, Bureau of Operations, 26 vehicle, over irregular routes, transport­ cally noted, each applicant states that Federal Plaza, New York, N.Y. 10007. ing: Clay (except in bulk, in tank ve­ there will be no significant effect on the No. MC 52704 (Sub-No. 105 T A ), filed hicles) from Berlin, Ohio, to the ports quality of the human environment re­ October 16,1973. Applicant: GLENN MC­ of entry on the international boundary sulting from approval of its application, CLENDON TRUCKING COMPANY, line between the United States and Can­ for temporary authority under section INC. (Ala. Corp.), Post Office Drawer ada located in Vermont, Maine, New 210a(a) of the Interstate Commerce Act H, Opelika Highway, LaFayette, Ala. Hampshire, New York, Michigan, and provided for under the new rules of Ex 36862. Applicant’s representative: Archie Minnesota, for 180 days. SUPPORTING Parte No. MC-67 (49 CFR Part 1131) B. Culbreth, Suite 246,1252 W. Peachtree SHIPPER: William R. Barnes Co. Lim­ published in the F ederal R egister, issue St. NW., Atlanta, Ga. 30309. Authority ited, P.O. Box 260, Waterdown, Ontario, o f April 27, 1965, effective July 1, 1965. sought to operate as a common carrier, Canada. SEND PROTESTS TO: John J. These rules provide that protests to the by motor vehicle, over irregular routes, England, District Supervisor, Interstate granting of an application must be filed transporting: Bottle molds, bottle trays, Commerce Commission, Bureau of Op­ with the field official named in the F ed­ or containers, machines or machine erations, 2111 Federal Building, 1000 eral R egister publication, on or before parts, and polyethylene bags, between the Liberty Avenue, Pittsburgh, Pa. 15222. November 15,1973. One copy of such pro­ plantsite of Laurens Glass Company, at No. MC 124947 (Sub-No. 23 T A ), filed tests must be served on the applicant, or or near Simsboro, La., on the one hand, October 15, 1973. A pplicant: MACHIN­ its authorized representative, if any, and and, on the other, the plantsites of Lau­ ERY TRANSPORTS, INC., P.O. Box the protests must certify that such serv­ rens Glass Company, at or near Laurens, 2338, 608 Cass Street, East Peoria, 111. ice has been made. The protests must be S.C., and Henderson, N.C., for 180 days. 61611. Applicant’s representative: John specific as to the service which such Pro­ SUPPORTING SHIPPER: Laurens Glass Robinson (same address as above). Au­ testant can and will offer, and must con­ thority sought to operate as a common sist of a signed original and six (6) Company, Post Office Box 9, Laurens, S.C. 29360. SEND PROTESTS TO: Clifford carrier, by motor vehicle, over irregular copies. W. White, District Supervisor, Interstate routes, transporting: Iron and steel bolts, A copy of the application is on file, and Commerce Commission, Bureau of Oper­ nuts, angles, beams, channels, and parts can be examined at the Office of the Sec­ ations, Room 814, 2121 Building, Birm­ th ereof, (1) from the plantsite o f H. K. retary, Interstate Commerce Commis­ ingham, Ala. 35203. Porter Co., Inc., in Springdale, Ark., to sion, Washington, D.C., and also in field points in the United States east of the office to which protests are to be trans­ No. MC 107496 (Sub-No. 912 T A ), filed western boundaries o f North Dakota, mitted. October 15, 1973. Applicant: RUAN South Dakota, Nebraska, Kansas, Texas, TRANSPORT CORPORATION, Third M otor Carriers of P roperty and Oklahoma; and (2) from the plant- and Keosauqua Way, P.O. Box 855, Des site of Colorado Fuel and Iron Co., in No. MC 26396 (Sub-No. 97 T A ), filed Moines, Iowa 50309. Applicant’s repre­ Pueblo, Colo., to the plantsite of H. K. October 12, 1973. Applicant: POPELKA sentative: E. Check (same address as ap­ Porter Co., Inc., in Springdale, Ark., for TRUCKING CO., doing business as THE plicant) . Authority sought to operate as 180 days. SUPPORTING SHIPPER: WAGGONERS, 201 W. Park, P.O. Box a common carrier, by motor vehicle, over Ham Thompson, Traffic Manager, H. Im­ 990, Livingston, Mont. 59047. Applicant’s irregular routes, transporting: Phos- porter Co., Inc., 1510 Old Missouri Road, representative: Ann McIntyre (same ad­ phatic materials, in bulkr from Topeka, dress as above). Authority sought to op­ Kans., to Sioux Falls, S. Dak., and Owa- Springdale, Ark. SEND ^PROTESTS TO: erate as a common carrier, by motor ve­ tonna, Minn., for 150 days. SUPPORT­ Richard K. Shull aw, District Supervisor, hicle, over irregular routes, transporting: ING SHIPPER: Eastern Nebraska Interstate Commerce Commission, Ever­ (1) Meat, meat products, meat byprod- Equipment Corporation, Box 735, Grand ett McKinley Dirksen Building, 219 S.

FEDERAL REGISTER. VOL. 38, N O . 208— TUESDAY, OCTOBER 30, 1973 NOTICES 29937

Dearborn Street, Room 1086, Chicago, City, Md. 21851. Applicant’s representa­ sought to operate as a contract carrier, 111. 60604. tive: S. Michael Richards, 44 North Ave­ by motor vehicle, over irregular routes, nue, Webster, N.Y. 14580. Authority transporting: Paper and paper products, No. MC 125512 (Sub-No. 6 T A ), filed sought to operate as a contract carrier, between Springfield, Mass., on the one October 16, 1973. Applicant: ELTON P. by motor vehicle, over irregular routes, hand, and, on the other, Maspeth, Long BURISH, Route No. 2, Box 58A, Mara­ transporting: Candy and confectionery Island, N.Y.; Whippany, N.J., and points thon, Wis. 54448. Authority sought to op­ (other than hollow mold), moving in in Connecticut and Rhode Island under erate as a contract carrier, by motor ve­ mechanically refrigerated vehicles, from a continuing contract with Eastern Con­ hicle, over irregular routes, transporting: Philadelphia, Pa., to points in Alabama, tainer Corporation, for 180 days. Sup­ Wood chips, in bulk, from Iron Wood California, Florida, Georgia, Illinois, porting shipper: Eastern Container Cor­ Products Corp., Eli Street, Bessemer, Louisiana, New York, Minnesota, Nevada, poration, 320 Parker Street, Springfield, Mich., to Wausau Paper Mills Co., Inc., Ohio, Pennsylvania, Tennessee, Texas, Mass. 01109. Send protests to : District Brokaw, Wis., for 180 days. SUPPORT­ Virginia, and Arkansas, for 180 days. Supervisor Joseph W. Balin, Interstate ING SHIPPER: Wausau Paper Mills Supporting shipper: Falcon Candy Com­ Commerce Commission, Bureau of Oper­ Corp., Director of Natural Resources, pany, 2300 Carpenter Street, Philadel­ ations, 338 F ed era l Building & U.S. Court­ Brokaw, W is. 54417. SEND PROTESTS phia, Pa. 19146. Send protests to : house, 436 Dwight Street, Springfield, TO: Barney L. Hardin, District Supervi­ Robert D. Caldwell, District Supervisor, Mass. 01103. sor, Interstate Commerce Commission, Interstate Commerce Commission, Bu­ No. MC 139168 TA, filed October 12, Bureau of Operations, 139 W. Wilson reau of Operations, 12th Street & Consti­ Street, Room 202, Madison, Wis. 53703. 1973. Applicant: THE SABATINI CO., tution Avenue NW., Washington, D.C. INC., 11600 Elkin Street, Silver Spring, No. MC 125985 (Sub-No. 18 T A ), filed 20423. Md. 20902. Applicant’s representative: October 15, 1973. Applicant: AUTO No. MC 139165 TA, filed October 15, M. Bruce Morgan, 201 Azar Building, DRIVEAWAY COMPANY, 343 South 1973. Applicant: TERRY L. KOBS, doing Glen Burnie, Md. 21061. Authority Dearborn Street, Chicago, BL 60604. Ap­ business as TERRY L. KOBS TRUCK sought to operate as a common carrier, plicant’s representative: David L. Stein- LINE, 6514 Brook view Lane NE., Cedar by motor vehicle, over irregular routes, hagen (same address as above). Author­ Rapids, Iowa 52402. Applicant’s repre­ transporting: (1) Concrete products, viz: ity sought to operate as a common sentative: W illiam L. Fairbank, 900 Hub- precast manholes, catch basins, and carrier, by motor vehicle, over irregular bell Building, Des Moines, Iowa 50309. meter vaults, requiring special handling routes, transporting: (1) P ets; (2) Ani­ Authority sought to operate as a con­ or special equipment, delivered to con­ mats intended as pets, and (3) Contain­ tract carrier, by motor vehicle, over ir­ struction sites and (2) concrete pipe, ers, supplies, and equipment used in regular routes, transporting: (1) Crop (A) from Cockeysville and Relay, Md., transportation, raising and keepings of storage silos and unloaders, from Char­ to points in Delaware, Pennsylvania, Vir­ pets and animals intended as pets, be­ lotte, Mich., to points in Iowa and Min­ ginia, and the District of Columbia, and tween points in Missouri, on the one nesota and (2) steel coils, from Detroit (B) from Tullytown, Pa., to points in hand, and, on the other, points in Il­ and Charlotte, Mich., to Dyersville, In­ Maryland, Virginia, the District of Co­ linois, Iowa, Michigan, and Wisconsin, dependence, and Marshalltown, Iowa, for lumbia, and Delaware, for 180 days. for 180 days. Supporting shipper: James 180 days. Supporting shipper: Mid- SUPPORTING SHIPPER: Atlantic Pre­ Evans, Livestock and Purchasing Man­ America Structures, Inc., P.O. Box 157, cast Concrete, Inc., P.O. Box 305, ager, Puppy Palace Enterprises, Inc., Dyersville, Iowa 52040. Send protests to: 1006 Lake St, Louis Boulevard, Lake St. Cockeysville, Md. 21030. SEND PRO­ Herbert W. Allen, Transportation Spe­ TESTS TO: Robert D. Caldwell, District Louis, Mo. 63367, Send protests to : W il­ cialist, Interstate Commerce Commis­ liam J. Gray, District Supervisor, In­ sion, Bureau of Operations, 875 Federal Supervisor, Interstate Commerce Com­ terstate Commerce Commission, Bureau Building, Des Moines, Iowa 50809. mission, Bureau of Operations, 12th of Operations, Everett McKinley Dirksen Street & Constitution Avenue NW., No. MC 139167 TA, filed October 15, Building, 219 S. Dearborn Street, Room Washington, D.C. 20423. 1086, Chicago, 111, 60604. 1973. Applicant: DAVID E. FEET, doing business as PURITAN EXPRESS CO., By the Commission. No. MC 136640 (Sub-No. 6 TA>, filed 842 Alden Street, Springfield, Mass. October 12,1973. Applicant: ROBERT L. [ seal} R obert L. O sw ald , 01109. Applicant’s representative: David Secretary. ALLEN, doing business as R. ALLEN M. Marshall, 135 State Street, Suite 200, TRANSPORT, P.O. Box 321, Pocomoke Springfield, Mass. 01108. Authority [FR Doc.73-23086 Filed 10-20-73:8:45 am i

FEDERAL REGISTER, VOL. 39, N O . 208— TUESDAY, OCTOBER 30, 1973 29938 FEDERAL REGISTER

CUMULATIVE LISTS OF PARTS AFFECTED— OCTOBER The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during October.

1 CFR Pag® 7 CFR— Continued Pag« 7 CFR— Continued Page CFR checklist______27211 722______28944 P roposed R u le s—C ontinued 725 _;______27355, 29876 3 CFR 726 ______;_____ „ ______29591 1033—______29337 728______.1______27211 1036____ i ______29337 P roclamations 811______27509, 288111040______29230, 29337 Jan. 22,1906 (611)______— 28291 850______27510, 29311 1044____ 29337 Mar. 30, 1911 (1119) _____------28291 863 ______-______27377 1046------28297, 29337 4247 ______;__ J1______27279 864 ______28059 1049 ______28297, 29337 4248 ______27917 865 ______28059 1050 ______28297,29337 4249 ______— 27919 874___ 29472 1060 ------28297, 29337 4250 ______- ______28551 892_------28062 1061 ------28297, 29337 4251 ______28925 900______:_____ 29797 1062 ------28297, 29337 4252 ______905— 29069___ 28063 1063 ------28297, 29337 906______28283, 28284 1064 ------28297, 29337 Executive O rders: 908______27212, 27511, 28064, 28945 1065 ------28297, 29337 5327 (See PLO 5399) — :------28568 909 ______28285 1068 ______28297, 29337 5672 (See PLO 5399)______28568 910 ______27599, 28255, 29071, 29598 1069 ------___ 28297, 29337 10000 (See EO 11744)______29563 913______29017, 295981070 ------28297, 29337 11703 (superseded by EO 11743) __ 29459 929______29311, 29799 1071 ------28297, 29337 11739 ------__ 27581 930—______27512 1073------28297, 29337 11740 ______27585 944______;______28286, 28553 1075 ------29337 11741 ______— 28809 958______29213 1076 ------28297, 29337 11742 ______29457 966______29214 1078 ------28297, 29337 11743 ___ :______29459 981______27381 1079 ------28297, 29337 11744 ______29563 984— ___ 29877 1090______28297, 29337 1030______I ______29477 1094------.__ 28297, 29337 P residential D ocuments O ther 1050______29801 1096 _ 28067, 28297, 29337 T han Proclamations and Ex­ 1096______3______29311 1097 ______28297, 29337 ecutive O rder: 1065______28064 1098__------28297, 29337 Memorandum of September 20, 1103______28813 1099------28297, 29337 1973______—— 27811 1207______27382 1101------„ ------29337 1421______27212, 28287, 29313 1102— ------28297, 29337 4 CFR 1427______28065 1104— ------28297, 29337 351______27507 1464______27921 1106------28297, 29337 1474_____ 29072 1108——------28297, 29337 5 CFR 1701______28287 1120—a------28297, 29337 1823______29025, 29036 1121______29337 213______27211, 1832______29599 1124 ______29337 27351, 27508, 27509, 27816, 28553, 1841 ___ 29039 1125 ______29337 28811, 28927, 29209, 29797, 29875 1842 __ 29047 1126 ------28297, 29337 410______- ______28281 1843 ______29051 1127 ------2 ______28297, 29337 531______——______27509 1861______29060 1123------28297, 29337 1890g______29600 1129—1,------28297, 29337 1130 ------28297, 29337 6 CFR P roposed R ules: 1131 ------28297, 29337 Rulings______29600 52______28296 150______27289, 1132_------28297, 29337 729______27530 1133______*______29337 27290, 27528, 27933, 28836, 29209, 811______28838 29307 1134—______^ _____ 29337 929______27936 1136______29337 152______27529, 29600, 29684, 29875 958 ______27405 155______]______27933 113 ------29337 959 ______27297 1138 ------28297, 29337 P roposed R ules: 965 ______27936, 28946 1139 __ 29337 966 ______27405, 27937 150______28845, 29618 980______27938 1421_____ 27939 152______28572 982______28296, 293371438______29087 984______28296 1446______;______27939 7 CFR 987______29230, 29893 1464------27939, 28073, 28297, 29603 2______7__ 27281 989______28946 1700______27843 20______— 28055 1001______29337 22 ______29020 1002—______29337 8 CFR 1004______29337 23 ______— 29022 100______29877 29______27599, 27817 1006______29337 52______29210, 29310, 29876 1007—______28297, 29337 299_____ :______29877 54______28282 1011 ______29337 316a______29878 56______27509 1012 ______29337 335______29878 70______28282 1013 _ 29337 499______29878 220______27281 1015______29337 354______28282 1030______27615, 28297, 29337 P roposed R u l e s : 401______27282 1032— ------28297, 29337 223a______29816

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 FEDERAL REGISTER 29339

9 CFR Pa®e 14 CFR PaSe 18 CFR Page 78 ______27512 2]______29560 2— 27351, 27606, 27813, 28933, 29821 82______28S14 36______29569 141______- ______27605 91 ______27591 39 _ 27382, 157______— ______27606 92 ______28554, 29882 275X3,27660, 27619, 2792T, 28630, P r o p o s e d R u l e s : 97______28814 28849, 28817, 29802-, 29802 H3i______. _-r-r----- 29885 7r _ — 27292-27294, 2.__ _ 27626, 29825 301______29215 27382-, 27383, 27514, 27809, 27820,, 141______29896 303______28927, 29214 27922-, 27923, 28258-, 28555, 28649, 154______27626 307 ______2828728927, 28928, 29073, 29803-29805 401 ______28764, 29606 308 _—______- ______29214 73______- ______27292-2T294, 309*— ____ — ___--______- 29214 27601, 28555, 28928, 29074, 29805 19 CFR 311_— _____— 29214 75______29073; 29074, 29805 1______,______29218 312,_— ______29214 93______29463 19______28288 316_____ —______—______29214 95L— I ______-— 28656-, 29074 153______2857 r 317______— 29214 g?_____ 27601, 28556, 29074, 29805 159______28031 318L______— 292141)35— ______29878 P r o p o s e d R u l e s : 319______29215 139______27294 325 _____ i______29215 171______28557- 1____ 27399, 28946 327 ______2855.4, 29215 234______27802 4t______27399 350 ______28554, 29215 241______27603*29464 6______27404 355__._»«i.______.______28287, 29215250______—______27604 8______27399 38f— ______-28287, 28927 261______27384, 28928, 29574 LG______27841 302______.______27384 12______— 27399 Proposed R ules: 385— ______29315 18____ 27899 92__:___— 1______29805 19c______27399 303— ____ — ______27298 P roposed R u l e s : 20.______27399 317— — — — _____ —_____ 27229 21______28016 24______27309 319______2807236______28016 56.______27399 381 ___ ————— ____ 27229 39______27624, 29089 127______27399 10 CFR Page 71— ______— .______27300, 147______I______27399 175______27404 20 ______29514 27301, 27844, 27942, 27943, 28572, 30_— ______29514 28703-28704, 28840, 29090, 29816, 32,______2951429817 20 CFR 5(F______— ___ 28029 73______27415 75______28572 P r o p o s e d R u l e s : Proposed R ules : 135______29897 70— ...... 28301 298______29480 410______27406 399____ 28704 416______27406, 27412, 29087 12 CFR 21 ______.______27829 15 CFR 216— _____ '2______27880 21 CFR 217______29481 9______29574 377______27220 1______27591, 28912, 29576 265__ — ______29073 25 ______27591, 28558 326 ______— _ 27832 16 CFR 31______27592 329>______,______28288, 29314 8.______29085 524 ______28030, 29461 13— ______28259-28269, 15______28558, 29318, 29465 525 ______28030 28652-28656, 28929-28932, 29315- 17______28558, 29318, 29565 526‘______29567 29317, 29879 18,______27924 545.______28815, 29568, 29802 15 ______28270-28281 IS______._ 27592 556____ 28816 24__ 24465 26 ______27929 561______29569 45-______27353, 29577 563__ 29569 44___ 24465 563a_____ 27834 52______24465 80___ 28820, 29577 570______!______29589 55______24465 121___ 28820, 28933, 29219, 29465, 29577 582,______28816 81______24465 125______27593, 29219» 29577 582b______28817 89______— 24465132______27593 584______27212, 29482 90,______24465 135------— 28032, 29578, 29879 611— ______27836 1001______27214 135a ______27353 612____ 27836 1500____ . ______27514 135b______27593, 29578 613_------;______27836 P roposed R u les-- 135c______-______28032, 29086 614 ______27837 432____ 28083 135d______29578 615 ------27838 135e______28657 618------27839 141a______27593 17 CFR 146a______27593, 29578 Proposed R ules: 1______28031, 29576, 29806 146e______27353 7______29479 210______29215 148e______28057 225___ 28082, 29610 230 ______27923 151b______27929 526______28081 231 ______28819 174______28914 541______29233 240 ______27515 273______27282' 545___ 29090, 29233 1000______28624 581______29091 241 ______28819, 29217 249______27515 1002 ______28625 582—___ 29091 1003 ______28628 584______;______28706 251—______28819 701____ 27846 271______28819 1004 ______- 28629 P roposed R u l e s : 1605____ 28630 13 CFR 1010______28631 102------28255 210______28948 230_____ 28951 1020______28632 Proposed R u l e d : 239______28951 1030______28640 128, _ 29092 249______27531 1301______27516, 28821

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30. 1973 29940 FEDERAL REGISTER

21 CFR—Continued Pago 32 CFR Page 40 CFR—Continued Page P roposed R u les: 290______. . . . . 28936 Proposed R oles—Continued 881______- - - ... 28936 85______— ______28302 1______— — 27622 883______27523 io 27299 162______29481 102______28703 1464______t______28259 169---- 29481 125______.______—____28840 1472—______29466 180______— 27844, 29610 130.______"______12940 1604—______29219 409______28081, 28707 273______- ______27406 1812______28660 412 ______28947 413 ______27694, 29818 278______28012 32A CFR 1010______29340 415 ______28174 Ch. X : 416 _____ 28194 1020______29340 OI Reg. 1______28066 1301______.______29479 424______29008 Ch. x m : '426______28902 22 CFR EPO Reg. 1______28660 427 ______29944 EPO Reg. 3______27397 428 __ 28224 501______y -______- _____29807 EPO Reg. 7______29330 432______29858 23 CFR P roposed R oles: 41 CFR Ch. V I: 750______29318 1-12______28818 DMS Reg. 1 (including Reg. 1, 3-3______29466 Dirs. 1 and 2)______27264 5A-1------29467 24 CFR DPS Reg. 1______27264 135__ -____ 29220 5A-2______29467 DPS Order 1______27270 5A-7------29468 203.______29075 DPS Order 2_____ 27271 2 7 5 -»______28658, 29880 5 A-19______29471 445______27216 33 CFR 5A-73_____ 29471 1270______27888, 29226 40______28937 5A-76______29472 1914______27216, 127______— ______28065 7-1______—______28664 27217, 27387, 27611, 27824, 28032, 7-3______28669 P roposed R oles: 7-4____ 28670 ! 28033, 28821-28823, 29227, 29579, 117______27414,28298 29580,29880 7-7______28671 7-8______28676 1915—______i ______27217, 35 CFR 105______—______27386 7-10______28676 27611, 28034, 28824, 28825, 29228, 7-12______28676 29580 119______- ______-___— __ 27386 7-15— ______28676 P roposed B o l e s : 36 CFR 7-16___ 28677 , 1710______27227 7______27595 7-30______28678 9-7______27287 P roposed R oles: 26 CFR 9-12______27392 1______— ______28564 221______29604 9-16______27288 301____ ;______;____ 27215 2 9 5 --______29232 9-18______27392 P roposed R ules: 38 CFR 9-51_____ 27288 1______27840, 28295, 28681, 28838 3______27353, 28826, 29076 14-7______27288 17______28826 51-5______28938 28 CFR 60-10______27215 P roposed R oles: 101-25______„ ___ 28566 0______—— 27285, 28289, 29466, 29583 1______28959 101-26______28566 3______29588 3______29610 101-27______28567 16______29588 21______27228, 28844 101-30______28568 50______29588 101-40______28289, 28678 P roposed R oles: 39 CFR Proposed R oles: 232______27824 52______29612 50-201______27942 P roposed R oles: 29 CFR 132______27304 42 CFR 516______27520 780___ 27520 40 CFR 65______28290 1602______28934 5 1 .______^______—______27286 1910______— 28035, 28259 52______29295 43 CFR 1912______28035 60______i ______28564 1850______27825 1912a______28934 136______- ______28757 Poblic Land Orders: 1926______27594 180______27523, 2632 (Revoked in part by PLO 1952______27388, 28658 27524, 28663, 28664, 28937, 29589, 5399)______26568 P roposed R oles: 29590 4522 (See PLO 5399)______26568 220 ______28613 1910____ 28074 5398 _ 28291 221 ______28614 5399 _ 28568 1913____ 27622 222 ______28615 1952______29605 223 ______28616 45 CFR 224 ______28617 30 CFR 67______1______28291 504 ______29291, 29881 225 _ 28617 226 ______28617 177______27935 505 ______29076 227 _____ 28618 189______:____ 27825 903______28039, 29809 P roposed R oles: P roposed R oles: 75______27621 35______28572 Proposed R oles: 77______27621, 27841 50 ______28438 46____ 27882 51 ______28438 121___ % 28229 31 CFR 52 ______29607-29609, 29893 123______27223 209______27521 53 ______28438 235______27530 257______” ______29218 80______28301 249______/ ______27843

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 FEDERAL REGISTER 29941

Page 49 CFR—Continued Pa«« 46 CFR 47 CFR— Continued Pae® 10 ... <> » ______29318 87______27218, 29077 Proposed R ules: Qfl •' 1 ■ 1 29320 89______27218, 27823, 28835 171______29483 « ______27354 91______27218, 27823, 28835 173 ______29483 70 ______29320 93______1_ 27218, 27823, 28835 174 ______29483 on — ______29320 95______175—______29323 29483 16ft. ,*.f 27354 P roposed R u l e s : 177 ______- ___ 29483 166 ______29318 178 ______29483 ______29320 2 ______29818 231______27302, 29897 188 . |., r'.... 1 5 ______29818 308 ______27524 555______29817 2 5 ______27228, 29819 31 27525 570 ______28077 n .- y 73______27303, 3Rn 2 L L______27525 571 ______- 27227, 27624, 27844, 27845, 28305, 28573, 542------_ 28827 27303,28840,29341,29342 28574,28840, 28947,29820 575— ______29342 Proposed R u l e s: 76______29342 1064______28843 81______29818 1 0 28298. 29089 1102______29483 ______83______29818 54------28300 1307______27228 160______27415 87_ 29821 91 29818 282______28682 50 CFR 27626 526______10______27387 528____ 28841 49 CFR 20-______27613, 28681, 29815 538______. 29343 1______29881 171 ______2829228______29085, 29815 47 CFR 172 _ 2829232 ______- ___ 27219, 27595. 28762 173 ______27596, 28292 27289, 27526, 27527, 27930, 27932, — 29077 174 ______- _____- 28292 28055, 28293, 28571, 28681, 28943, 15______27821T 29809 175 ______28292 28328,29472, 29815 21______.k U .___ - ______27218 177 27597, 28292 33 ______27528, 27933, 28294 178 ______5 ______27598, 28292 23___ 27218. 27386 250 ______28836 395______27930 73_____ 27218, 28762, 28832 251 ______29328 74_____ ’ '.&■■■ — — 27218 571______27599, 28569 76____ 29083 1033______27218, P roposed R ules: 27218r29321 27354, 27828, 28054, 28292, 28943, 78_____ — ______18______28572 81______. . 29321, 29813 29219, 29220, 29472, 29590, 29881, 83___ 28053. 28938 29882 260____ 27405

FEDERAL REGISTER PAGES AND DATE— OCTOBER

Pages Date 27205-27272______— Oct. 1 27273-27343______2 27345-27499______3 27501-27574______4 27575-27804______5 27805-27910______— 9 27911-28022______10 28023-28247______H 28249-28543______12 28545-28641______15 28643-28801______16 28803-28917______17 28919-29061______18 29063-29202______19 29203-29297______23 29299-29450______— - 24 29451-29555-______25 29557-29789______26 29791-29868______29 29869-29951______- ______30

FEDERAL REGISTER, VOL. 38* N O . 208— TUESDAY, OCTOBER 30, 1973

TUESDAY, OCTOBER 30, 1973 WASHINGTON, D.C.

Volume 38 * Number 208

PART II

ENVIRONMENTAL PROTECTION AGENCY

EFFLUENT LIMITATIONS GUIDELINES FOR ASBESTOS MANUFACTURING POINT SOURCE CATEGORY

Proposed Roles 29944 PROPOSED RULES ENVIRONMENTAL PROTECTION board subcategory (Subpart E ), asbestos (b) Summary and basis of proposed AGENCY roofing products subcategory (Subpart effluent limitations guidelines for existing F), and asbestos floor tile subcategory sources and standards of performance [ 40 CFR Part 427 ] (Subpart G ), o f the asbestos manufactur­ and pretreatment standards for new EFFLUENT LIMITATIONS GUIDELINES FOR ing category. sources. ASBESTOS MANUFACTURING POINT (2) New sources. (1) General methodology. The effluent SOURCE CATEGORY Section 306 of the Act requires the limitations guidelines and standards of achievement by new sources of a Federal performance proposed herein were devel­ Notice of Proposed Rule-Making standard of performance providing for oped in the following manner. The point Notice is hereby given that effluent the control of the discharge of pollut­ source category was first studied for the limitations guidelines: standards of per­ ants which reflects the greatest degree purpose of determining whether separate formance and pretreatment standards for of effluent reduction which the Adminis­ limitations and standards are appropriate new sources set forth in tentative form trator determines to be achievable for different segments within the cate­ below are proposed by the Environmental through application of the best available gory. This analysis included a determi­ Protection Agency (EPA) for the as­ demonstrated control technology, proc­ nation of whether differences in raw bestos-cement pipe subcategory (Subpart esses, operating methods, or other al­ material used, product produced, manu­ A ), asbestos-cement sheet subcategory ternatives, including where practicable, facturing process employed, age, size, (Subpart B), absestos paper (starch a standard permitting no discharge of waste water constituents and other fac­ binder) subcategory (Subpart C), as­ pollutants. tors require development of separate bestos paper (elastomeric binder) sub­ Section 306(b) (1) (B) of the Act re­ limitations and standards for different category (Subpart D ), asbestos millboard quires the Administrator ,to propose segments of the point source category. subcategory (Subpart E ), asbestos roof­ regulations establishing Federal stand­ The raw waste characteristics for each ing products subcategory (Subpart F), ards of performance for categories of such segment were then identified. This and asbestos floor tile subcategory (Sub- new sources included in a list published included an analysis of: (1) The source, part G), for the asbestos manufactur­ pursuant to section 306(b) (1) (A) of the flow and volume of water used in the ing category of point sources pursuant Act. The Administrator published in the process employed and the sources of to sections 301, 304 (b) and (c), 306(b), F ederal R egister o f January 16, 1973 waste and waste waters in the plant; and 307(c) of the Federal Water Pollu­ (38 FR 1624) a list of 27 source cate­ and (2) the constituents of all waste tion Control Act, as amended (33 U.S.C. gories, including the asbestos manufac­ waters. The constituents of the waste 1251, 1311, 1314, 1316(b), and 1317(c), turing category. The regulations pro­ waters which should be subject to effluent 86 Stat. 816 et seq.; Pub. L. 92-500) (the posed herein set forth the standards of limitations guidelines and standards of ••Act” ) . performance applicable to new sources performance were identified. (a) Legal authority. for the asbestos-cement pipe subcategory The control and treatment technolo­ (1) Existing point sources. (Subpart A), asbestos-cement sheet gies existing within each segment were Section 301(b) of the Act requires the subcategory (Subpart B ), asbestos paper identified. This included an identifica­ achievement by not later than July 1, (starch binder) subcategory (Subpart tion of each distinct control and treat­ 1977, of effluent limitations for point C) , asbestos paper (elastomeric binder) ment technology, including both in-plant sources, other than publicly owned treat­ subcategory (Subpart D ), asbestos mill- and end-of-process technologies, which ment works, which require the applica­ board subcategory (Subpart E ), asbestos are existent or capable of being designed tion of the best practicable control tech­ roofing products subcategory (Subpart for each segment. It also included an nology currently available as defined by F), and asbestos floor tile subcategory identification of in term of the amount the Administrator pursuant to section (Subpart G) of the asbestos manufactur­ of constituents and the chemical, physi­ 304(b) of the Act. Section 301(b) also ing category. cal, and biological characteristics of pol­ requires the achievement by not later Section 307(c) of the Act requires the lutants, the effluent level resulting from than July 1, 1983, o f effluent lim itations Administrator to promulgate pretreat­ the application of each of the technolo­ for point sources, other than publicly ment standards for new sources at the gies. The problems, limitations and relia­ owned treatment works, which require same time that standards o f perform ance bility of each treatment and control the application of best available tech­ for new sources are promulgated pur­ technology were also identified. In addi­ nology economically achievable which suant to section 306. Sections 427.15, tion, the non-water quality environ­ will result in reasonable further progress 427.25, 427.35, 427.45, 427.55, 427.65, and mental impact, such as the effects of the toward the national goal of eliminating 427.75 proposed below provides pretreat­ application of such technologies upon the discharge of all pollutants, as deter­ ment standards for new sources within, other pollution problems, including air, mined in accordance with regulations respectively, the asbestos-cement pipe solid waste, noise and radiation were issued by the Administrator pursuant to subcategory (Subpart A), asbestos- identified. The energy requirements of section 304(b) of the Act. cement sheet subcategory (Subpart B), each control and treatment technology Section 304(b) of the Act requires the asbestos paper (starch binder) subcate­ were determined as well as the cost of Administrator to publish regulations gory (Subpart C), asbestos paper (elas­ the application of such technologies. providing guidelines for effluent limita­ tomeric binder) subcategory (Subpart The information, as outlined above, tions setting forth the degree of effluent D ) , asbestos millboard subcategory (Sub­ was then evaluated in order to deter­ reduction attainable through the appli­ part E), asbestos roofing products sub­ cation of the best practicable control category (Subpart F ), and asbestos floor mine what levels of technology consti­ technology currently available and the tile subcategory (Subpart G ), of the as­ tute the “best practicable control tech­ degree of effluent reduction attainable bestos manufacturing category. nology currently available,” “best avail­ through the application of the best con­ Section 304(c) of the Act requires the able technology economically achievable” trol measures and practices achievable Administrator to issue to the States and and the “best available demonstrated including treatment techniques, process appropriate water pollution control control technology, processes, operating and procedure innovations, operating agencies information on the processes, methods and other alternatives. The procedures or operating methods which methods, or other alternatives.” In regulations proposed herein set forth ef­ result in the elimination or reduction of identifying such technologies, various fluent limitations guidelines, pursuant the discharge of pollutants to imple­ factors were considered. These included to section 304(b) of the Act, for the ment standards of performance under the total cost of application of technol­ asbestos-cement pipe subcategory (Sub­ Section 306 of the Act. The report or ogy in relation to the effluent reduction part A), asbestos-cement sheet sub­ Development Document referred to below benefits to be achieved from such appli­ category (Subpart B), asbestos paper (starch binder) subcategory (Subpart provides, pursuant to Section 304(c) of cation, the age of equipment and facil­ C), asbestos paper (elastomeric binder) the Act, information on such processes, ities involved, the process employed, the subcategory (Subpart D) , asbestos mill­ procedures or operating methods. engineering aspects of the application of

FEDERAL REGISTER, VOL. 38, N O . 208— »TUESDAY* OCTOBER 30, 1973 PROPOSED RULES 29945 various types of control techniques, proc­ the manufacture of the asbestos prod­ tion (and possibly pH control), or no ess changes, non-water quality environ­ ucts listed above include: Total sus­ discharge, mental impact (including energy re­ pended non-filterable solids, biochemical P resent Use op A lternate T echnologies quirements) and other factors. oxygen demand (5-day) and pH. The The data on which the above analysis suspended solids present in the waste No Sed/pH No was performed included EPA permit ap­ waters are to a large extent asbestos treatment discharge plications, EPA sampling and inspec­ fibers. Removal of suspended solids by tions, consultant reports, and industry sedimentation will also remove asbestos AC pipe_____ .. - 14 72 / 1 14 fibers but there exists no data at the AC sheet______38 47 15 submissions. A paper...... 14 78 >8 The pretreatment standards proposed present time on which to determine a A millboard____ 29 43 28 A roofing______56 33 11 herein are intended to be complimentary definitive relationship. 0 to the pretreatment standards proposed (iii) Origin of waste water pollutants A floor tile...... 77 23 for existing sources under 40 CFR Part in the asbestos manufacturing category. i Only plants with multiple product lines have no 128. The bases for such standards are In most cases only one asbestos prod­ discharge. . set forth in the F e d e r a l R e g is t e r o f uct is made in a given plant. Three plants * No plants that make elastomeric paper have total July 19,1973,38 FR 19236. The provisions have a number of product lines and the recycle. . . of Part 128 are equally applicable to waste waters at these plants reflect this (v) Treatment and control technolo­ sources which would constitute “new combination. Many of the raw materials gies within each subcategory. sources,” under section 306 if they were used are natural materials such as clay, For each of the subcategories except to discharge pollutants directly to navi­ cement, starch and natural rubber. With millboard, the best practicable control gable waters except for § 128.133. That the exception of roofing products and technology currently available has been section provides a pretreatment stand­ floor tile manufacturing, there is a determined to be sedimentation and pH ard for “incompatible pollutants” which basic similarity in the methods of pro­ control. Coagulation with polyelec­ requires application of the “best prac­ ducing the various asbestos products. trolytes may be necessary before sedi­ ticable control technology currently The asbestos fibers and other raw ma­ mentation. Total recycle is only possible available,” subject to an adjustment for terials are first slurried with water and in the millboard subcategory where a amounts of pollutants removed by the then formed into single or multiple blowdown is carried out in the product. publicly owned treatment works. Since layered sheets as most of the water is Total recycle has been achieved in one the pretreatment, standards proposed removed. The manufacturing processes or two plants in the asbestos-cement herein apply to new sources, §§427.15, always incorporate the use of save-alls sheet, asbestos paper (starch binder), 427.25, 427.35, 427,45, 427.55, 427.65, and (settling tanks of various shapes) and asbestos roofing products sub­ 427.75 below amend § 128.133 to require through which all process waste waters categories. Since this method is not com­ application of the standard of perform­ are routed. Water and solids are re­ monly practiced in the industry, total ance for new sources rather than the covered and reused from the save-all, recycle can not be considered the best “best practicable” standard applicable and excess overflow and underflow con­ practicable control tehnology currently to existing sources under sections 301 stitute the process waste streams'. Where available. and 304(b) o f the Act treatment is presently practiced, sig­ The degree of effluent reduction attain­ (2) Summary of conclusions with re­nificant reductions in the concentrations able by the application of the best avail­ spect to the asbestos-cement pipe sub­ of waste water pollutants are obtained able technology economically achievable category (Subpart A ), asbestos-cement by such methods as coagulation, sedi­ by all subcategories of the asbestos sheet subcategory (Subpart B ), asbestos- mentation, and pH control. manufacturing category is no discharge paper (starch binder) subcategory (Sub­ . Roofing felt is an asbestos paper that of process waste water pollutants to part C ), asbestos paper (elastomeric is saturated with heavy asphalt or coal navigable waters. The technologies to binder) subcategory (Subpart D), as­ tar. Waste water is generated mainly achieve these limitations have been bestos millboard subcategory (Subpart from the cooling process which utilizes a demonstrated for sustained operating pe­ E), asbestos roofing products subcate­ direct water spray on the felt as it exits riods by at least one manufacturing plant gory (Subpart F ) , and asbestos floor tile from the hot coating bath. Some asbestos in the industry, or by well proven appli­ subcategory (Subpart G ), of the asbes­ paper is carried away with the cooling cations in other industrial categories. To tos manufacturing category. water but the main contaminant is the fully implement the control measures For the purpose of studying waste coating material. Present treatment of and achieve no discharge of pollutants treatment and effluent limitations, the these waste waters may include settling, will require that the capacity of the asbestos manufacturing point source oil skimming, and passage through an water recycle systems be expanded to category was subcategorized into seven adsorbent filter. accommodate upsets and surge flows. discrete subcategories based on the prod­ Floor tile manufacturing also uses This expansion of capacity presents no uct produced: Asbestos-cement pipe, water for cooling which comes into di­ unusual engineering problems. Additional asbestos-cement sheet, asbestos paper rect contact with product. In some plants research in the asbestos-cement pipe and with starch binder, asbestos paper with other noncontact cooling methods are asbestos paper (elastomeric binder) sub­ elastomeric binder, asbestos millboard, used. Noncontact cooling water remains categories will be necessary to achieve asbestos roofing products, and asbestos clean and can be reused continually if these limitations. floor tile manufacturing. Investigation cooling towers are available to remove With the exception of asbestos-cement of the above subcategories showed that the heat. Where waste waters are gen­ pipe and asbestos paper (elastomeric each varied in the amounts of pollutants erated, they contain wax, ink, oil, glue, binder), the new source performance in the raw waste, in the volumes of asbestos fibers, and miscellaneous dirt standard is no discharge of waste water waste waters, and in the ease with which and debris. Present treatment methods pollutants to navigable waters. The each could be brought to the goal of no. consist of sedimentation and skimming. technologies to achieve these limitations discharge of process waste water pol­ Coagulation in addition to sedimentation have been demonstrated as mentioned lutants. Some o f the subcategories also will improve effluent levels. above. The two excepted subcategories varied in the processes employed and (iv) Treatment and control tech­ shall apply the best practicable tech­ waste control technologies. Other factors nology. nology currently available to any new sources. such as age and size of plant were in­ The treatment technologies for all sub­ vestigated and found not to justify The Agency is particularly concerned categories of the asbestos manufacturing over the potential effects of the discharge further segmentation of the asbestos category can include coagulation, sedi­ manufacturing category. These findings of asbestos fibers. We therefore suggest mentation, skimming, filtration and pH that the industry assess the extent of are described fully in the Development adjustment. These technologies are Document. practiced to varying degrees in the in­ asbestos fiber discharges in the effluent (ii) Waste characteristics. dustry. The table below lists the percent stream, after treatment and control, and The significant pollutant parameters of plants in each subcategory which take appropriate additional measures to contained in waste waters resulting from utilize either no treatment, sedimenta­ reduce such discharges.

FEDERAL REGISTER, VOL. 38, NO . 208— TUESDAY, OCTOBER 30, 1973 29946 PROPOSED RULES

(vi) Cost estimates for control of the environment from hazardous ma­ groups consulted: (1) Effluent Standards waste water pollutants in the asbestos terials. Where appropriate the location and Water Quality Information Advisory manufacturing category. of solid hazardous materials disposal Committee (established under section The costs and energy requirements as­ sites should be permanently recorded 515 of the A ct); (2) All States and TJ.S. sociated with the control and treatment In the appropriate office of legal jur­ Territorial Pollution Control Agencies; technologies have been considered. The isdiction. (3) U.S. Department of Commerce; (4) investment cost of achieving the 1977 (ix) Economic impact analysis. U.S. Department of the Interior; (5) limitations and standards by all plants The estimated investment costs for Water Resources Council; (6) Asbestos in the industry is estimated to be less each subcategory range from 3.0 percent Information Association; (7) New Eng­ than $3 million, excluding costs of addi­ to 13.6 percent of total capital expendi­ land Interstate Water Pollution Control tional land acquisition. The cost of tures over the next four years. Annual Commission; (8) Ohio River Valley achieving the 1983 level for the industry costs range from 0.1 percent to 1.0 per­ Sanitation Commission; (9) Delaware is estimated to be an additional $3 mil­ cent of 1972 sales for the 1977 standards. River Basin Commission; (10) American lion. No significant impact on the as­ For the 1983 standards, required invest­ Society of Mechanical Engineers; (11) bestos industry is expected. It is esti­ ments range from 4.9 percent to 22.5 per­ Hudson River Sloop Restoration, Inc.; mated that the total energy requirements cent of total capital expenditures, and (12) The Conservation Foundation; (13) for in-plant control and end-of-pipe annual costs lie between 0.1 percent and Environmental Defense Fund, Inc.; (14) treatment technology at a typical manu­ 1.1 percent o f 1972 sales. These costs ap­ Natural Resources Defense Council; (15) facturing plant will not exceed 50 kw on pear to pose no major Industry-wide American Society of Civil Engineers; a sustained basis. No information was problems. The proposed limitations will (16) Water Pollution Control Federa­ provided by the industry relative to the have a negligible effect on prices, and tion; (17) National Wildlife Federa­ energy requirements of individual manu­ could threaten only about 5 percent of tion; (18) Johns-Manville Corporation; facturing plants. However, the added the plants in the industry. There are two (19) Certain-Teed Products Corpora­ energy requirements are small. threatened plants in the millboard sub­ tion; (20) Celotex Corporation; (21) (vii) Establishing daily maximum category and one in the asbestos-cement Flintkote Company; (22) Armstrong limitations. sheet subcategory. These threatened Cork Company; (23) GAF Corporation; i The daily maximum limitations for plants employ approximately 2 percent and (24) Nicolet Industries, Inc. each sufocategory are between 1.5 to 3.0 of the industry work force. There is a The following organizations responded times the 30 day limitation for total sus- possible 22 percent reduction in the pro­ with comments: (1) New York State De­ I pended non-fllterable solids and BOD5. duction of millboard by the closing of partment of Environmental Conserva­ , l^ie daily limitations for pH are the same two plants. Other domestic plants, how­ tion; (2) U.S. Department of Commerce; 1 as the 30 day limitations. These limita­ ever, can replace their loss because they (3) Johns-Mansville Corporation; (4) tions were based on an analysis of the are currently operating at 70 percent- Nicolet Industries, Inc.; (5) National data gathered during the preparation of 80 percent o f capacity. Gypsum Company; (8) Texas Water the Development Document. The report entitled “Development Quality Board; (7) Delaware River Basin 1 (viii) Non-water quality aspects. Document for Proposed Effluent lim ita­ Commission; (8) State of Illinois, Divi­ [ The non-water quality aspects of the tions Guidelines and New Source Per­ sion of Water Pollution Control; (9) U.S. ¡ treatment and control technologies have formance Standards for the Building, Department o f the in terior; and (10) been considered. The amounts of solid Construction and Paper Segment of the Armstrong Cork Company. 1 waste generated are minimal for all sub- Asbestos Manufacturing Point Source The primary issues raised in the de­ ! categories except asbestos-cement pipe. Category” details the analysis under­ velopment o f these proposed effluent ! No significant additional solid wastes will taken in support of the regulations being limitations guidelines and standards of be generated by the recommended limita- proposed herein and is available for in­ performance and the treatment of these ' tions and standards for the asbestos- spection in the EPA Information Center, issues herein are as follow s: : cement pipe subcategory. However, Room 227, West Tower, W aterside Mall, (1) Several comments indicated that ; special precautions should be taken with Washington, D.C., at all EPA regional the guidelines will be difficult to apply to ! respect to the solid wastes generated in offices, and at State water pollution con­ some multi-product plants. A specific each subcategory. trol offices. A supplementary analysis plant was mentioned that produced both prepared for EPA of the possible eco­ asbestos paper and pulp paper on the | Solid waste control must be considered, nomic effects of the proposed regulations j The waterborne wastes from the asbestos same production line. It has been deter­ Is also available for inspection at these mined that in this case the guidelines industry may contain a considerable locations. Copies of both of these docu­ volume of asbestos particles as a part of developed for pulp paper would apply. ment» are being sent to persons or in­ Pulp paper wastes are much stronger in the suspended solids pollutant. Best stitutions affected by the proposed regu­ practicable control technology and best BOD and TSS and require biological lations, or who have placed themselves treatment followed by clarification. The available control technology as they are on a mailing list for this purpose (see known today, require disposal of the pol­ allowable pollutant discharge is higher EPA’s Advance Notice of Public Review than that for asbestos paper. However, lutants removed from waste waters in Procedures, 38 FR 21202, August 6,1973). this industry in the form of solid wastes if this system is also used to treat asbes­ An additional limited number of copies tos paper wastes, substantial quantities and liquid concentrates. In some cases of both reports are available. Persons these are non-hazardous substances re­ of TSS and BODS will be removed. There wishing to obtain a copy may write the is only one plant known to have this quiring only minimal custodial care. EPA Information Center, Environmen­ However, some constituents may be problem. tal Protection Agency, Washington, D.C. (2) Another comment concerning hazardous and may require special con­ 20460, Attention: Mr. Philip B. Wisman. sideration. In order to ensure long term multi-product plants was that not all (c) Summitry of public participation. products have guidelines. From the in­ protection o f the environment from these Prior to this publication, the agencies hazardous or harmful constituents, dustry survey conducted by EPA, there special consideration of disposal sites and groups listed below were consulted appear to be very few plants producing must be made. All landfill sites where and given an opportunity to participate a variety of products. One of these is such hazardous wastes are disposed in the development of effluent limita­ presently practicing total recycle. EPA should be selected so as to prevent hori­ tions guidelines and standards proposed plans to establish effluent limitations zontal and vertical migration of these for the asbestos manufacturing category. guidelines and standards at a later date contaminants to ground or surface All participating agencies have been in­ for asbestos products not covered in this formed of project developments. An in­ waters. In cases where geologic condi­ document. tions may not reasonably ensure this, itial draft of the Development Document (3) Another significant question con­ adequate legal and mechanical precau­ was sent to all participants and com­ cerned the problem of dissolved solids tions (e.g., impervious liners) should be ments were solicited on that report. Hie buildup when a total recycle system is taken to ensure long term protection to following are the principal agencies and used. There appears to be no reason why

FEDERAL REGISTER. VOL. 38. NO . 208— TUESDAY, OCTOBER 30. 1973 PROPOSED RULES 29947

lic review and copying. The EPA infor­ Subpart D— Asbestos Paper (Elastomeric Binder) this cannot be accomplished. Water is Subcategory carried out with the final product in all mation regulation, 40 CFR Part 2, pro­ Sec. cases. This built in blow-down will dis­ vides that a reasonable fee may be 427.40 Applicability; description of asbestos pose of salts that build up in the process. charged for copying. paper (elastomeric binder) sub- (4) Another commentator questioned All comments received on or before category. setting zero discharge limitations in 1977 November 26, 1973, will be considered. 427.41 Specialized definitions. for millboard and not for asbestos- Steps previously taken by the Environ­ 427.42 Effluent limitations guidelines repre­ senting the degree of effluent re­ cement sheet. This difference is consid­ mental Protection Agency to facilitate duction attainable by the applica­ ered necessary because development work public response within this time period tion of the best practicable control will be necessary in order to reach no are outlined in the advance notice con­ technology currently available. discharge for the asbestos-cement sheet cerning public review procedures pub­ 427.43 Effluent limitations guidelines repre­ subcategory. Total recycle of millboard lished on August 6, 1973 (38 FR 21202). senting the degree of effluent re­ duction attainable by the applica­ waste waters is now achievable. Dated October 18,1973. (5) In the review procedure within tion of the best available technol­ R u s s e l l E . T r a i n , ogy economically achievable. EPA, the inclusion of asbestos-cement 427.44 Standards of performance for new laboratory tops in the asbestos-cement Administrator. sources. sheet limitations Was questioned. This 427.45 Pretreatment standards for new question was considered and found to be PART 427— EFFLUENT LIMITATIONS sources. justified. The presence of pigments in GUIDELINES FOR EXISTING SOURCES Subpart E— Asbestos Millboard Subcategory the waste water and lack of supportive AND STANDARDS OF PERFORMANCE data were sufficient reasons to eliminate 427.50 Applicability; description of asbestos AND PRETREATMENT STANDARDS FOR millboard subcategory. this product from the limitations. NEW SOURCES FOR THE ASBESTOS 427.51 Specialized definitions. (6) A common criticism was the lack MANUFACTURING POINT SOURCE 427.52 Effluent limitations guidelines repre­ of backup information on the cost esti­ CATEGORY senting the degree of effluent re­ mates for meeting the limitations. The Subpart A— Asbestos-Cement Pipe Subcategory duction attainable by the applica­ Development Document has been ex­ tion of the best practicable control Sec. technology currently available. panded to give a more detailed account­ 427.10 Applicability; description of asbestos- ing of the cost data. 427.53 Effluent limitations guidelines repre­ cement pipe subcategory. senting the degree of effluent re­ (7) A number of requests were made 427.11 Specialized definitions. duction attainable by the applica­ to include other chemicals such as phe­ 427.12 Effluent limitations guidelines repre­ tion of the best available technol­ nols, chromates, etc., in the limitations. senting the degree of effluent re­ ogy economically achievable. These and other parameters were gen­ duction attainable by the applica­ 427.54 Standards of performance for new erally not present in significant amounts tion of the best practicable control sources. in discharges from plants in the various technology currently available. 427.55 Pretreatment standards for new 427.13 Effluent limitations guidelines repre­ sources. subcategories. In addition a lack of infor­ senting the degree of effluent mation precludes setting limitations at reduction attainable by the appli­ Subpart F— Asbestos Roofing Products the present time. cation of the best available tech­ Subçategory (8) A criticism made on the limitation nology economically achievable. 427.60 Applicability; description of asbestos for floor tile was that the term pieces was 427.14 Standards of performance for new roofing products subcategory. not defined. This oversight has been cor­ sources. 427.61 Specialized definitions. rected. 427.15 Pretreatment standards for new 427.62 Effluent limitations guidelines repre­ Interested persons may participate in sources. senting the degree of effluent re­ duction attainable by the applica­ this rulemaking by submitting written Subpart B— Asbestos-Cement Sheet Subçategory tion of the best practicable control comments in triplicate to the EPA In­ 427.20 Applicability; description of asbestos- technology currently available. formation Center, Environmental Pro­ cement sheet subcategory. 427.63 Effluent limitations guidelines repre­ tection Agency, W ashington, D.C. 20460. 427.21 SpeeiaUzed definitions. senting the degree of effluent re­ Attention: Mr. Philip B. Wisman. Com­ 427.22 Effluent limitations guidelines rep- duction attainable by the applica­ ments on all aspects of the proposed reg­ resenting the degree of effluent tion of the Jjest available technol­ ulations are solicited. In the event com­ reduction attainable by the appli­ ogy economically achievable. ments are in the nature of criticisms as cation of the best practicable con­ 427.64 Standards of performance for new to the adequacy of data which is availa­ trol technology currently available. sources. ble, or which may be relied upon by the 427.23 Effluent limitations guidelines repre­ 427.65 Pretreatment standards for new Agency, comments should identify and, senting the degree of effluent sources. reduction attainable by the appli­ if possible, provide any additional data cation of the best available tech­ Subpart G— Asbestos Floor Tile Subcategory which may be available and should indi­ nology economically achievable. 427.70 Applicability; description of asbestos cate why such data is essential to the de­ 427.24 Standards of performance for new floor tile subcategory. velopment of the regulations. In the sources. 427.71 Specialized definitions. event comments address the approach 427.25 Pretreatment standards for new 427.72 Effluent limitations guidelines repre­ taken by the agency in establishing an sources. senting the degree of effluent re­ effluent lim itation guideline or standard Subpart C— Asbestos Paper (Starch Binder) duction attainable by the applica­ of performance, EPA solicits suggestions Subcategory tion of the best practicable control technology currently available. as to what alternative approach should 427.30 Applicability; description of asbestos be taken and why and how this alterna­ paper (starch binder) subcategory. 427.73 Effluent limitations guidelines repre­ senting the degree of effluent re­ tive better satisfies the detailed require­ 427.31 Specialized definitions. ments of sections 301, 304(b), 306, and duction attainable by the applica­ 427.32 Effluent limitations guidelines rep­ tion of the best available technol­ 307 of the Act. resenting the degree of effluent ogy economically achievable. A copy of all public comments will be reduction attainable by the appli­ 427.74 Standards of performance for new available for inspection and copying at cation of the best practicable con­ sources. trol technology currently available. the EPA Inform ation Center, Room 227, 427.75 Pretreatment standards for new West Tower; W aterside Mall, 401 M 427.33 Effluent limitations guidelines repre­ sources. Street SW., Washington, D.C. A copy of senting the degree of effluent re­ preliminary draft contractor reports, the duction attainable by the applica­ Subpart A— Asbestos-Cement Pipe Development Document and economic tion of the best available technol­ Subcategory study referred to above and certain sup­ ogy economically achievable. 427.34 Standards of performance for new § 427.10 Applicability; description of plementary materials supporting the sources. asbestos-cement pipe subcategory. study of the industry concerned will also 427.35 Pretreatment standards for new The provisions of this subpart are ap­ be maintained at this location for pub­ sources. plicable to discharges resulting from the

FEDERAL REGISTER, VOL. 38, NO . 208— TUESDAY, OCTOBER 30, 1973 29948 PROPOSED RULES process in which several mineral ingredi­ effluent reduction achievable through ap­ contact with any raw material, inter­ ents: asbestos, Portland cement, silica plication of the best available demon­ mediate product, by-product or product and other ingredients are used in the strated control technology, processes, op­ used in or resulting from the manufac­ manufacturing of asbestos-cement pipe. erating methods, or other alternatives, ture of asbestos-cement sheet. including, where practicable, a standard (b) The term “process waste water §427.11 Specialized definitions. permitting no discharge of pollutants pollutants” shall mean pollutants con­ For the purpose of this subpart: by a new point source subject to the pro­ tained in process waste water. (a) The term "process waste water” visions of this subpart: (c) The following abbreviations shall shall mean any water which, during the Effluent Effluent have the following meaning when used in manufacturing process, comes into di­ characteristic limitation this subpart: (1) “TSS” shall mean total rect contact with any raw material, in­ TSS - ___ - ___ Maximum for any one day, suspended nonfilterable solids; (2) "kg” termediate product, by-product or prod­ 0.57 kg/kkg of product shall mean kilogram(s); (3) “kkg” shall uct used in or resulting from the manu­ (1.14 lb/ton). mean 1,000 kilograms; (4 ) “ lb ” shall facture of asbestos-cement pipe. Maximum average of daily mean pound(s); and (5) “BOD5” shall (b) The term “process waste water values for any period of mean five day biochemical oxygen thirty consecutive days, pollutants” shall mean pollutants con­ 0.19 kg/kkg of product demand. tained in process waste water. (0.38 lb/ton). § 427.22 Effluent limitations guidelines (c) The following abbreviations shall BOD5______Maximum for any one day, representing the degree of effluent have the following meanings when used 0.28 kg/kkg of product (0.56 reduction attainable by the applica­ in this subpart: (1) "TSS” shall mean lb /ton ). tion of the best practicable control total suspended nonfilterable solids; (2) Maximum average of daily technology currently available. values for any period of “kg” shall mean kilogram(s); (3) “kkg” thirty consecutive days, The following limitations constitute shall mean 1000 kilograms; (4) "lb” shall 0.09 kg/kkg of product the quantity or quality of pollutants or mean pounds(s); and (5) “BOD5” shall (0.18 lb/ton). pollutant properties which may be dis­ mean five day biochemical oxygen de­ p H ______Within the range of 6.0 to charged after application of the best mand. 9.0. practicable control technology currently § 427.12 Effluent limitations guidelines § 427.15 Pretreatment standards for available by a point source subject to the representing the degree of effluent new sources. provisions of this subpart: reduction attainable by the appli­ The pretreatment standards under Effluent Effluent cation of the best practicable control characteristic limitation technology currently available. section 307(c) of the Act, for a source within the asbestos manufacturing cate­ TSS______. Maximum for any one day, The following limitations constitute gory, asbestos-cement pipe subcategory 0.68 kg/kkg o f product the quantity or quality of pollutants or which is an industrial user of a publicly (1.35 lb/ton). pollutant properties which may be dis­ owned treatment works (and which Maximum average of daily charged after application of the best values for any period dr would be a new source subject to section thirty consecutive days practicable control technology currently 306 of the Act, if it were to discharge 0.23 kg/kkg of product available by a point source subject to the pollutants to navigable waters) shall be (0.45 lb/ton). provisions of this subpart: the standard set forth in 40 CFR Part BOD5______Maximum for any one day, Effluent Effluent 128 except that for the purpose of this 0.34 kg/kkg of product characteristic limitation section, § 128.133 shall be amended to (0.68 lb /ton ). TSS ______... Maximum for any one day, read as follows: “In addition to the pro­ Maximum average of daily 0.57 kg/kkg of product, hibitions set forth in § 128.131, the pre­ values for any period of (1.14 lb /ton ). treatment standard for incompatible thirty consecutive days, Maximum average of daily 0.11 kg/kkg of product values for any period of pollutants introduced into a publicly (0.22 lb/ton). thirty consecutive days, owned treatment works by a major con­ p H ...______Within the range of 6.0 to 0.19 kg/kkg of product, tributing industry shall be the standard 9.0. (0.38 Tb/ton). of perfortnance for new sources specified BOD5 ______Maximum for any one day, in § 427.14 of this subpart; provided that, § 427.23 Effluent limitations guidelines 0.28 kg/kkg of product, if the publicly owned treatment works representing the degree of effluent (0.56 lb/ton). which receives the pollutants is commit­ reduction attainable by the applica­ Maximum average of daily tion of the best available technology values for any period of ted, in its NPDES permit, to remove a economically achievable. specified percentage of any incompatible thirty consecutive days, The following limitations constitute 0.09 kg/kkg of product pollutant, the pretreatment standard ap­ (0.18 lb/ton). plicable to users of such treatment works the quantity or quality of pollutants or p H ______Within the range of 6.0 to shall be correspondingly reduced for that pollutant properties which may be dis­ 9.0, pollutant.” charged after application of the best available technology economically § 427.13 Effluent limitations guidelines Subpart B— Asbestos-Cement Sheet achievable by a point source subject to representing the degree of effluent Subcategory the provisions of this subpart: No dis­ reduction attainable by the applica­ § 427.20 Applicability; description of tion of the best available technology charge of process waste water pollutants economically achievable. asbestos-cement sheet subcategory. to navigable waters. The following limitations constitute The provisions of this subpart are ap­ § 427.24 Standards of performance for the quantity or quality of pollutants or plicable to discharges resulting from the new sources. process in which several mineral ingredi­ pollutant properties which may be The following limitations constitute discharged after application of the ents; asbestos, Portland cement, silica, best available technology economically and other ingredients are used in the the quantity or quality of pollutants or achievable by a point source subject to manufacturing of asbestos-cement pollutant properties which may be dis­ the provisions of this subpart: No dis­ sheets. Discharges resulting from manu­ charged reflecting the greatest degree of charge of process waste water pollutants facture of asbestos-cement sheet labora­ effluent reduction achievable through ap­ to navigable waters. tory tops are specifically excluded from plication of the best available demon­ the provisions of this subpart. § 427.14 Standards of performance for strated control technology, processes, new sources. § 427.21 Specialized definitions. operating methods, or other alternatives, The following limitations constitute For the purpose of this subpart: including, where practicable, a standard the quantity or quality of pollutants or (a) The term “process waste water”permitting no discharge of pollutants by pollutant properties which may be dis­ shall mean any water which during the a new point source subject to the provi­ charged reflecting the greatest degree of manufacturing process, comes into direct sions of this subpart: No discharge of

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 PROPOSED RULES 29949 process waste water pollutants to navi­ pollutant properties which may be dis­ shall be the standard of performance for gable waters. charged after application of the best new sources specified in § 427.34 of this practicable control technology currently subpart; provided that, if the publicly § 427.25 Pretreatment standards for available by a point source subject to the owned treatment works which receives new sources. provisions of this subpart: the pollutants is committed, in its The pretreatment standards under Effluent Effluent NPDES permit, to remove a specified per­ section 307(c) of the Act, for a source characteristic limitation centage of any incompatible pollutant, within "the asbestos manufacturing cate­ TSS ______Maximum for any one day, the pretreatment standard applicable to gory, asbestos-cement sheet subcategory 0.55 kg/kkg of product users of such treatment works shall which Is an industrial user of a publicly (1.10 lb /ton ). be correspondingly reduced for that owned treatment works (and which Maximum average of daily pollutant.” would be a new source subject to section values for any period of Subpart D— Asbestos Paper (Elastomeric 306 of the Act, if It were to discharge thirty consecutive days, 0.35 kg/kkg of product Binder) Subcategory pollutants to navigable waters), shall be (0.70 lb /ton ). the standard set forth in 40 CFR Part BOD5______Maximum for any one day, § 427.40 Applicability; description of 128 except that for the purpose of this 0.55 kg/kkg of product asbestos paper (elastomeric binder) section, § 128.133 o f this title shall be (1.10 lb/ton). subcategory. amended to read as follows: “In addi­ Maximum average of daily The provisions of this subpart are ap­ tion. to the prohibitions set forth in values for any period of plicable to discharges resulting from the § 128.131, the pretreatment standard for thirty consecutive days, 0.35 kg/kkg of product process in which asbestos, elastomeric incompatible pollutants introduced into (0.70 lb /ton ). binder, and other ingredients are used a publicly owned treatment works by a p H ______Within the range of 6.0 to in the manufacture of asbestos paper major contributing industry shall be the 9.0. (elastomeric binder). standard of performance for new sources specified in § 427.24 of this subpart,* pro­ § 427.33 Effluent limitations guidelines § 427.41 Specialized definitions. vided that, if the publicly owned treat­ representing the degree of effluent For the purpose of this subpart: ment works which receives the pollutants reduction attainable by the applica­ (a) The term “process waste water” is committed, in its NPDES permit, to tion of the best available technology shall mean any water which, during the remove a specified percentage o f any economically achievable. manufacturing process, comes into direct incompatible pollutant, the pretreatment The following limitations constitute contact with any raw material, interme­ standard applicable to users of such the quantity or quality of pollutants or diate product, byproduct or product used treatment works shall be correspondingly pollutant properties which may be in or resulting from the manufacture of reduced fo r that pollutant.” discharged after application of the asbestos paper (elastomeric binder). best available technology economically (b) The term “process waste water Subpart C— Asbestos Paper (Starch achievable by a point source subject to Binder) Subcategory pollutants” shall mean pollutants con­ the provisions of this subpart: No dis­ tained in process waste water. §427.30 Applicability; description of charge of process waste water pollutants (c) The following abbreviations shall asbestos paper (starch binder) sub­ to navigable waters. have the following meanings when used category. § 427.34 Standards of performance for in this subpart: (1) “TSS” shall mean The provisions of this subpart are ap­ new sources. total suspended nonfilterable solids; (2) plicable to discharges resulting from the “kg” shall mean kilogram(s); (3) “kkg” process in which asbestos, starch binders The following limitations constitute shall mean 1000 kilograms; (4) “lb” shall the quantity or quality of pollutants or mean poimd(s); and (5) “BOD5” shall mid other ingredients are used in the pollutant properties which may be dis­ manufacture of asbestos paper (starch mean five day biochemical oxygen charged reflecting the greatest degree of demand. binder). effluent reduction achievable through ap­ § 427.31 Specialized definitions. plication of the best available demon­ § 427.42 EfHuent limitations guidelines strated control technology, processes, op­ representing the degree of effluent For the purpose of this subpart: reduction attainable by the applica­ (a) The term “process waste water” erating methods, or other alternatives, including, where practicable, a standard tion of the best practicable control shall mean any water which, during the technology currently available. manuf acturing process, comes into direct permitting no discharge of pollutants by contact with any raw material, interme­ a new point source subject to the provi­ The following limitations constitute diate product, byproduct or product used sions of this subpart: No discharge of the quantity or quality of pollutants or in or resulting from the manufacture of process waste water pollutants to naviga­ pollutant properties which may be dis­ asbestos paper (starch binder). ble waters. charged after application of the best (b) The term “process waste water § 427.35 Pretreatment standards for practicable control technology currently Pollutants” shall mean pollutants con­ new sources. available by a point source subject to the provisions of this subpart: tained in process waste water. The pretreatment standards under (c) The following abbreviations shall section 307(c) of the Act, for a source Effluent Effluent have the following meanings when used within the asbestos manufacturing cate­ characteristic limitation In this subpart: (1) “TSS” shall mean TSS ______Maximum for any one day, gory, asbestos paper (starch binder) sub- 0.55 kg/kkg of product total suspended nonfilterable solids; (2) category which is an industrial user of a (1.10 lb/ton). “kg” shall mean kilogram(s); (3) “kkg” publicly owned treatment works (and Maximum average of daily shall mean 1000 kilograms; (4) “ lb” shall which would be a new source subject to values for any period of mean pound(s); and (5) “BOD5” shall section 306 of the Act, if it were to dis­ thirty consecutive days, 0.35 kg/kkg of product mean five day biochemical oxygen de­ charge pollutants to navigable waters), shall be the standard set forth in 40 CFR, (0.70 lb /ton ). mand. BOD5 '______Maximum for any one day, Part 128 except that for the purpose of 0.55 kg/kkg of product § 427.32 Effluent limitations 'guidelines this section, § 128.133 o f this title shall (1.10 lb/ton). representing the degree-of effluent be amended to read as follows: “In addi­ Maximum average of daily reduction attainable by the applica­ tion to the prohibitions set forth in values for any period of tion of the best practicable control § 128.131 o f this title, the pretreatment thirty consecutive days, technology currently available. standard for incompatible pollutants in­ 0.35 kg/kkg of product (0.70 lb /ton ). The following limitations constitute troduced into a publicly owned treatment p H ______Within the range of 6.0 to the quantity or quality of pollutants or works by a major contributing industry ' 9.0.

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 29950 PROPOSED RULES

§ 427.43 Effluent limitations guidelines Subpart E—-Asbestos Millboard publicly owned treatment works (and representing the degree of effluent Subcategory which would be a new source subject reduction attainable by the applica­ § 427.50 Applicability; description of to section 306 of the Act, if it were tion of the best available technology asbestos millboard subcategory. to discharge pollutants to navigable economically achievable. w aters), shall be the standard set The following limitations constitute The provisions of this subpart are ap­ forth in 40 CPR Part 128, except that for the quantity or quality of pollutants or plicable to discharges resulting from the the purpose of this section, § 128.133 of pollutant properties which may be dis­ process in which asbestos in combination this title shall be amended to read as charged after application of the best with various other materials such as follows: “In addition to the prohibitions available technology economically cement, starch, clay, lime, and mineral set forth in § 128.131 of this title, the achievable by a point source subject to wool are used in the manufacture of as­ pretreatment standard for incompatible the provisions of this subpart: No dis­ bestos millboard. pollutants introduced into a publicly charge of process waste water pollutants § 427.51 Specialized definitions. owned treatment works by a major con­ to navigable waters. Por the purpose of this subpart: tributing industry shall be the standard (a) The term “process waste water” of performance for new sources specified § 427.44 Standards of performance for in § 427.54 of this subpart; provided new sources. shall mean any water which, dining the that, if the publicly owned treatment The following limitations constitute manufacturing process, comes into direct contact with any raw material, inter­ works which receives the pollutants is the quantity or quality of pollutants or committed, in its NPDES permit, to re­ pollutant properties which may be dis­ mediate product, byproduct or product used in or resulting from the manufac­ move a specified percentage of any in­ charged reflecting the greatest degree of compatible pollutant, the pretreatment effluent reduction achievable through ap­ ture of asbestos millboard. standard applicable to users of such plication of the best available demon­ (b) The term “process waste water treatment works shall be correspondingly strated control technology, processes, pollutants” shall mean pollutants con­ reduced for that pollutant.” operating methods, or other alternatives, tained in process waste water. including, where practicable, a standard Subpart F— -Asbestos Roofing Products § 427.52 Effluent limitations guidelines Subcategory permitting no discharge of pollutants by representing the degree of effluent a new point source subject to the provi­ reduction attainable by the applica­ § 427.60 Applicability; description of sions of this subpart: tion of the best practicable control asbestos roofing subcategory. Effluent Effluent technology currently available. The provisions of this subpart are ap­ characteristic limitation The following limitations constitute plicable to discharges resulting from the TSS ______- Maximum for any one day, the quantity or quality of pollutants or process in which asbestos paper is satu­ 0.55 kg/kkg of product pollutant properties which may be dis­ rated with asphalt or coal tar with the (1.10 lb/ton). charged after application of the best subsequent application of various surface Maximum average of dally treatments to produce asbestos roofing values for any period of practicable control technology currently thirty consecutive days, available by a point source subject to the products. 0.35 kg/kkg of product provisions of this subpart: No discharge § 427.61 Specialized definitions. (0.70 lb /ton ). of process waste water pollutants to BOD5 Maximum for any one day, navigable waters. For the purpose of this subpart: 0.55 kg/kkg of product (a) The term “process waste water” (1.10 lb/ton). § 427.53 Effluent limitations guidelines shall mean any water which, during the Maximum average of dally representing the degree of effluent manufacturing process, comes into di­ values for any period of reduction attainable by the applica­ rect contact with any raw material, in­ thirty consecutive days, tion of the best available technology termediate product, byproduct or product 0.35 kg/kkg of product economically achievable. (0.70 lb/ton). used in or resulting from the manufac­ p H ______Within the range of 6.0 to The following limitations constitute ture of asbestos roofing products. 9.0. the quantity or quality of pollutants or (b) The term “process waste water pollutant properties which may be dis­ pollutants” shall mean pollutants con­ § 427.45 Pretreatment standards for charged after application of the best new sources. tained in process waste water. available technology economically (c) The following abbreviations shall The pretreatment standards under achievable by a point source subject to have the following meanings when used section 307(c) of the Act, for a source the provisions of this subpart: No dis­ in this subpart: (1) “TSS” shall mean within the asbestos manufacturing cate­ charge of process waste water pollutants total suspended nonfilterable solids; (2) gory, asbestos paper (elastomeric to navigable waters. “kg” shall mean kilogram(s); (3) “kkg” binder) subcategory which is an indus­ shall mean 1,000 kilograms; (4) “lb” shall trial user of a publicly owned treatment § 427.54 Standards of performance for new sources. mean pound(s); and (5) “COD” shall works (and which would be a new source mean chemical oxygen demand. subject to section 306 of the Act, if it The following limitations constitute were to discharge pollutants to navi­ the quantity or quality of pollutants or § 427.62 Effluent limitations guidelines gable waters), shall be the standard set pollutant properties which may be dis­ representing the degree of effluent forth in 40 CPR Part 128 except that for charged reflecting the greatest degree of reduction attainable by the applies* effluent reduction achievable through tion of the best practicable control the purpose o f this section, § 128.133 of technology currently available. this title shall be amended to read as application of the best available demon­ follows: “In addition to the prohibitions strated control technology, processes, The following limitations constitute set forth in § 128.131 o f this title, the operating methods, or other alternatives, the quantity or quality of pollutants or pretreatment standard for incompatible including, where practicable, a standard pollutant properties which may be dis­ pollutants introduced into a publicly permitting no discharge of pollutants by charged after application of the best owned treatment works by a major con­ a new point source subject to the pro­ practicable control technology currently tributing industry shall be the standard visions of this subpart: No discharge of available by a point source subject to the of performance for new sources specified process waste water pollutants to navi­ provisions of this subpart: in § 427.44 of this subpart; provided that, gable waters. Effluent Effluent if the publicly owned treatment works § 427.55 Pretreatment standards for characteristic limitation which receives the pollutants is commit­ new sources. TSS____ Maximum for any one day, ted, in its NFDES permit, to remove a 0.01 kg/kkg of product specified percentage of any incompatible The pretreatment standards under (0.02 lb /ton ). pollutant, the pretreatment standard ap­ section 307(c) of the Act, for a source Maximum average of daily values for any period or plicable to users of such treatment works within the asbestos manufacturing thirty consecutive days, shall be correspondingly reduced for that category, asbestos millboard subcate­ 0.006 kg/kkg of product, pollutant.’* gory which is an industrial user of a (0.012 lb /ton ).

FEDERAL REGISTER, VOL. 38, NO. 208— TUESDAY, OCTOBER 30, 1973 PROPOSED RULES 29951

Effluent Effluent Subpart G— Asbestos Floor Tile pollutant properties which may be dis­ characteristic limitation Subcategory charged after application of the best COD______- Maximum for any one day, available technology economically 0.015 kg/kkg of product § 427.70 Applicability; description of asbestos floor tile subcategory. achievable by a point source subject to (0.029 lb/ton). the provisions of this subpart: No dis­ Maximum average of daily The provisions of this subpart are ap­ values for any period of charge of process waste water pollutants thirty consecutive days, plicable to discharges resulting from the to navigable waters. 0.008 kg/kkg of product process in which asbestos, polyvinyl chlo­ (0.016 lb/ton). ride resin, chemical stabilizers, lime­ § 427.74 Standards of performance for pH ..______Within the range of 6.0 to stone, and other fillers are used in the new sources. 9.0. manufacture of asbestos floor tile. The following limitations constitute § 427.63 Effluent limitations guidelines § 427.71 Specialized definitions. the quantity or quality of pollutants or pollutant properties which may be dis­ representing the degree of effluent For the purpose of this subpart: reduction attainable by the applica­ charged reflecting the greatest degree of (a) The term “process waste water” effluent reduction achievable through ap­ tion of the best available technology shall mean any water which, during the economically achievable. plication of the best available demon­ manufacturing process, comes into di­ strated control technology, processes, op­ The following limitations constitute rect contact with any raw material, in­ erating methods, or other alternatives the quantity or quality of pollutants or termediate product, byproduct or prod­ including, where practicable, a standard pollutant properties which may be dis­ uct used in or resulting from the manu­ permitting no discharge of pollutants by charged after application of the best facture of asbestos floor tile. a new point source subject to the pro­ available technology economically (b) The term “process waste water visions of this subpart: achievable by a point source subject to pollutants” shall mean pollutants con­ the provisions of this subpart: No dis­ tained in process waste water. Effluent Effluent charge of process waste water pollutants (c) The following abbreviations shall characteristic limitation to navigable waters. have the following meanings when used TSS------Maximum for any one day, in this subpart: (1) “TSS” shall mean 0.06 kg/mpc of product § 427.64 Standards of performance for (0.13 lb/m pc). new sources. total suspended nonfilterable solids; (2) “kg” shall mean kilogram(s); (3) “lb” Maximum average of daily The following limitations constitute values for any period of shall mean pound(s); (4) “mpc” shall thirty consecutive days, the quantity or quality of pollutants or mean 1000 pieces of floor tile; and (5) 0.04 kg/mpc of product pollutant properties which may be dis­ “COD” shall mean chemical oxygen (0.08 lb/m pc). charged reflecting the greatest degree demand. COD------... Maximum for any one day, of effluent reduction achievable through (d) The term “pieces” shall mean floor 0.14 kg/mpc of product application of the best available demon­ tile measured in the standard size of (0.30 lb/mpc.) Maximum average of daily strated control technology, processfes, op­ 12” x 12” x % 2 '\ erating methods, or other alternatives, values for any period of § 427.72 Effluent limitations guidelines thirty consecutive days. including, where practicable, a standard 0.09 kg/mpc of product permitting no discharge of pollutants by representing the degree of effluent reduction attainable by the applica­ (0.18 lb/m pc). a new point source subject to the pro­ pH______Within the range of 6.0 to visions of this subpart: No discharge of tion of the best practicable control 9.0. process waste water pollutants to navi­ technology currently available. gable waters. The following limitations constitute § 427.75 Pretreatment standards for the quantity or quality of pollutants or new sources. § 427.65 Pretreafment standards for pollutant properties which may be dis­ The pretreatment standards under new sources. charged after application of the best section 367(c) of the Act, for a source The pretreatment standards under practicable control technology currently within the asbestos manufacturing cate­ section 307(c) of the Act, for a source available by a point source subject to gory, asbestos floor tile subcategory within the asbestos manufacturing cate­ the provisions of this subpart: which is an industrial user of a publicly gory, asbestos roofing products subcate­ Effluent Effluent owned treatment works (and which gory which is an industrial user of a pub­ characteristic limitation would be a new source subject to section licly owned treatment works (and which TSS______Maximum for any one day, 306 of the Act, if it were to discharge would be a new source subject to sec­ 0.06 kg/mpc of product pollutants to navigable waters), shall be tion 306 of the Act, if it were to discharge (0.13 lb/m pc). the standard set forth in 40 CFR Part Pollutants to navigable waters), shall be Maximum average of daily 128, except that for the purpose o f this the standard set forth in 40 CFR Part values for any period of section, § 128.133 o f this title shall be 128 except that for the purpose of this thirty consecutive days, amended to read as follows: “In addition section, § 128.133 o f this title shall be 0.04 kg/mpc of product (0.08 lb/m pc). to the prohibitions set forth in § 128.131 amended to read as follows: “In addi­ COD______Maximum for any one day, of this title the pretreatment standard tion to the prohibitions set forth in 0.14 kg/mpc of product for incompatible pollutants introduced § 128.131 of this title, the pretreatment (0.30 lb/mpc.) into a publicly owned treatment works standard for incompatible pollutants in­ Maximum average of daily by a major contributing industry shall be troduced into a publicity owned treat­ values for any period of the standard of performance for new ment works hy a major contributing in­ thirty consecutive days, dustry shall be the standard of perfor­ 0.09 kg/mpc of product sources specified in § 427.74 of this sub­ mance for new sources specified in (0.18 lb/m pc). part; provided that, if the publicly owned § 427.64 of this subpart provided that, if pH______Within the range of 6.0 to treatment works which receives the pol­ the publicly owned treatment works 9.0. lutants is committed, in its NPDES per­ ; which receives the pollutants is commit­ § 427.73 Effluent limitations guidelines mit, to remove a specified percentage of ted, in its NPDES permit, to remove a representing the degree of effluent any incompatible pollutant, the pretreat­ | specified percentage of any incompatible reduction attainable by the applica­ I Pollutant, the pretreatment standard ap­ tion of the best available technology ment standard applicable to users of plicable to users o f such treatment works economically achievable. such treatment works shall be corre­ I shall be correspondingly reduced for that The following limitations constitute spondingly reduced for that pollutant." ! Pollutant," the quantity or quality of pollutants or [PR Doc.73-22858 Piled 10-29-73; 8:45 am]

FEDERAL REGISTER, VOL. 38, NO . 208— TUESDAY, OCTOBER 30, 1973

Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of July 1, 1973)

Title 32—National Defense (Parts 40-399)______$4. 35

Title 32— National Defense (Parts 800-999)-___ I______4. 05

[A Cumulative checklist of CFR issuances for 1973 appears in the first issue of the Federal Register each month under Title I]

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