WEDNESDAY, OCTOBER 11, 1972

WASHINGTON, D.C.

Volume 37 ■ Number 197 f V SCIIWTA C % Pages 21405-21471 1*2. i S M

19 Zb * ? /

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.

PRESIDENTIAL PROCLAMATIONS— National Legal Secretaries’ Court Observance Week ...... - ...... -...... 21411 National School Lunch Week, 1972______21413 Drug Abuse Prevention Week...... 21415 National Day of Prayer ...... ~...... —~ 21417 Country Music Month, October 1972______21419

COMMITTEE MANAGEMENT— Presidential Ex­ ecutive order...... 21421

HIGHWAY PROJECTS— DoT guidelines for en­ vironmental impact and related statements, guidelines to assure that economic, social and environmental effects have been considered (2 documents)...... 21430

SECURITIES— SEC interpretations regarding prompt and accurate disclosure of information regarding contract developments, fiscal operations and related matters (2 documents)...... 21464, 21465 SEC proposes amendments to forms for re­ porting extraordinary or unusual charges, credits to income and national provisions for lo sses______21445

COLLEGE LIBRARY GRANTS— HEW regulations on financial assistance for preparation costs in acquisition of resources; effective 10—11—72..... 21436

MEDICARE— HEW amends regulations regarding time limi­ tations on filing claims for payment...... 21428 HEW notice of 1973 inpatient hospital deductible...... 21452

VETERANS PENSION— VA amendment applying waiver of retirement benefits; effective 10—4—72.. 21436 (Continued inside) MICROFILM EDITION FEDERAL REGISTER 35mm MICROFILM

Complete Set 193 6-71, 202 Rolls $1,439

Voi. Year Price Voi. Year Price Voi. Year Price

1 1936 $7 13 1948 $28 25 1960 $49 2 1937 12 14 1949 22 26 1961 44 3 1938 8 15 1950 28 27 1962 46 Ü 4 1939 14 16 1951 44 28 1963 50 5 1940 14 17 1952 41 29 1964 54 H 6 1941 21 18 1953 30 30 1965 58 7 1942 37 19 1954 37 31 1966 60 1 8 1943 53 20 1955 41 32 1967 69 m 9 1944 42 21 1956 42 33 1968 55 I 10 1945 47 22 1957 41 34 1969 62 m 11 1946 47 23 1958 41 35 1970 59 Ü 12 1947 24 24 1959 42 36 1971 97 A

Order Microfilm Edition from Publications Sales Branch National Archives and Records Service Washington, D.C. 20408

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National fereraì® register Archives and Records Service, General Services Administration, Washington, D.C. 20408, Area Code 202 V '»««dr Phone 962-8626 . Om t e O ^ pursuant to the authority contained in the Federal Register Act, approved July 26, 1936 (49 Stat. 500, as amended; 44 U.S.C., Gh. 15) , under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I ) . Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. „ The F ederal Register will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code op Federal R egulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code op Federal Regulations Is sold by the Superintendent of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the Federal Register or the Code op Federal Regulations. HIGHLIGHTS— Continued

INCOME TAX— NURSING HOMES— Price Comm, permits cer­ 1RS amendments relating to controlled foreign tain institutional health providers to accept in­ corporations not availed of to reduce taxes...... 21434 creased state uniform payments for services...... 21440 1RS proposals relating to levies on salaries and wages; comments by 11--13-72...... 21442 RURAL HOUSING— USDA revises certain interest credit servicing regulations...... 21425 MOTOR CARRIER SAFETY— DoT revises rules on coupling and towing of articulated vehicles; effec­ FLUE-CURED TOBACCO— USDA proposed de­ tive 7-1-73...... 21439 terminations for 1973 marketing quotas; com­ ments within 30 days...... 21443 FOREIGN SHIPBUILDING— Maritime Admin, an­ nounces intention to determine any significant VETERINARY DRUGS— FDA approves ketamine changes in market conditions of combination hydrochloride injection as an anesthetic for cats; RO/ROcontainerships; comments by 10-18-72.. 21451 effective 10-11-72...... 21429 Contents

AGRICULTURAL STABILIZATION CIVIL SERVICE COMMISSION THE PRESIDENT AND CONSERVATION Notices SERVICE Printing Management Specialist; PROCLAMATIONS manpower shortage; listing___ 21456 Proposed Rule Making Country Music Month— ------21419 Flue-cured tobacco; marketing COMMERCE DEPARTMENT Drug Abuse Month—_— —------21415 quotas for 1973-1974______21443 National Day of Prayer------21417 See Maritmie Adm inistration; O f­ fice of Import Programs. National Legal Secretaries’ Court AGRICULTURE DEPARTMENT Observance Week------21411 See Agricultural Marketing Serv­ COMMITTEE FOR THE National School Lunch Week------21419 ice; Agricultural Stabilization IMPLEMENTATION OF TEXTILE and Conservation Service; Ani­ EXECUTIVE ORDER mal and Plant Health Inspection AGREEMENT Committee Management------21421 Service; Farmers Home Admin­ Notices istration. Certain cotton textile products produced or manufactured in EXECUTIVE AGENCIES ANIMAL AND PLANT HEALTH Costa Rica; entry or withdrawal INSPECTION SERVICE from warehouse for consump­ AGENCY FOR INTERNATIONAL tion ______—------21456 Rules and Regulations DEVELOPMENT Exotic Newcastle disease and psit­ ECONOMIC OPPORTUNITY tacosis or ornithosis in poultry; Notices areas released from quarantine. 21427 OFFICE List of ineligible suppliers of com­ Rules and Regulations Proposed Rule Making modities and com m odity-related Community Action Program: services for A.I.D. financing----- 21448 Unshu oranges from Japan; pro­ Allowances and reimburse­ posal to delete marking require­ ments for members of policy ment ______21444 making bodies; miscellaneous AGRICULTURAL MARKETING amendments _— ------21437 SERVICE ATOMIC ENERGY COMMISSION Per diem rates for OEO grantees and delegate agencies------21438 Rules and Regulations Notices Travel regulations for CAP Applicant’s environmental report, grantees and delegate agen­ Pecans in shell; size classification; supplemental environment re­ cies ______21438 correction______- 21423 port, supplemental environmen­ Tomatoes: tal reports, and draft environ­ EDUCATION OFFICE mental statement for Peach Grown in Florida; lim itation of Rules and Regulations shipm ents______21423 Bottom Atomic Power Station U nits 2 and 3 ; availability------21453 College library resources pro­ Import restrictions______21424 Connecticut Light & Power Co. gram; grant assistance for vari­ Proposed Rule Making et al.; application and hearing. 21454 ous preparation costs------21436 Northern States Power Co.; issu­ Filberts grown in Oregon and ance of license; hearing------21455 EMPLOYMENT STANDARDS Washington; expenses of Fil­ ADMINISTRATION CIVIL AERONAUTICS BOARD bert Control Board and rate of Rules and Regulations assessment for 1972-73 fiscal Notices Federal Coal Mine Health and year ______21442 ATC Bylaws Investigation; post­ Safety Act of 1969; list of State Walnuts grown in California, Ore­ ponement of hearing------21456 laws found to meet criteria of gon, and W ashington; proposed International Air Transport As­ approval; correction------21429 marketing control percentages sociation; order regarding fare (Continued on next page) matters; correction------21456 for 1972-73 marketing year----- 21443 21407 21408 CONTENTS

ENVIRONMENTAL PROTECTION FEDERAL RAILROAD Notices AGENCY ADMINISTRATION Authorized San Luis Unit-Central Valley Project, Calif.; availabil­ Rules and Regulations Notices ity of final environmental state­ State certification of activities re­ Vermont Railway, Inc.; petition m ent ------21450 quiring a Federal license or per­ for exemption from hours of Statement of changes in financial mit; redesignation______21441 Service Act______21453 interests: Ford, John E., Jr__.______21450 FARMERS HOME FISH AND WILDLIFE SERVICE McKnight, Maxwell S ______21451 Weymouth, Edgar A., Jr____ _ 21451 ADMINISTRATION Rules and Regulations Hunting; Nevada; Sheldon Na­ INTERNAL REVENUE SERVICE Rules and Regulations tional Antelope Refuge------21436 Account servicing policies; redes­ Rules and Regulations ignation and amendment of FOOD AND DRUG Income tax; controlled foreign section ______21425 corporations not availed of to Receiving and processing applica­ ADMINISTRATION reduce taxes______21434 tions; review procedures; cor­ Proposed Rule Making rection _____ 21425 Rules and Regulations Ketamine hydrochloride injec­ Levies on salaries and wages____ 21442 FEDERAL AVIATION tion; new animal drug------21429 INTERSTATE COMMERCE ADMINISTRATION Notices Monsanto Co.: filing of petition COMMISSION Rules and Regulations for food additive______21452 Notices Alteration of control area______21427 Pennwalt Corp.; withdrawal of petition for food additive------21452 Assignment of hearings (2 docu­ Proposed Rule Making m ents) ______21467 Airworthiness directive; Rolls FOREIGN-TRADE ZONES BOARD Fourth section applications for Royce Dart Model 542 series r e lie f ------21468 engine Increased freight rates and ______21444 Notices charges, 1972; investigation__ _ 21468 Little Rock, Ark.; resolution ap­ Motor carrier board transfer FEDERAL HIGHWAY proving application and order proceedings______21469 ADMINISTRATION authorizing issuance of grant Protective service charges, 1972; for a foreign-trade zone------21461 extension of time for filing pro­ Rul es and Regulations tests ______21469 Administration of Federal aid GENERAL SERVICES for highways; process guide­ INTERSTATE LAND SALES lines (economic, social, and en­ ADMINISTRATION REGISTRATION OFFICE vironmental effects on highway projects) ______21430 Notices Notices Administration of Federal aid for Industry Specification Develop­ Corona de Tucson, et al.; hearing. 21453 highways; guidelines for con­ ment Conference; sideration of economic, social, Battery, storage: Vehicular, ig­ LABOR DEPARTMENT and environmental effects___ _ 21430 nition, lighting, and starting. 21461 See Employment Standards Ad­ Motor carrier safety regulations; Venetian blinds______21461 ministration. coupling devices and towing Sole source ADPE procurements_21462 m eth o d s______21439 MARITIME ADMINISTRATION HEALTH, EDUCATION, AND Notices FEDERAL INSURANCE WELFARE DEPARTMENT Construction of combination RO/ ADMINISTRATION RO containership; recomputa­ See also Food and Drug Adminis­ tion of foreign cost______21451 Rules and Regulations tration; Office of Education; Areas eligible for flood insurance; Social Security Administration. NATIONAL PARK SERVICE status of participating commu­ Notices Notices nities; special hazard areas (2 Northeast Regional Advisory d ocu m en ts)______21433, 21434 Inpatient hospital deductible for 1973 ______21452 Committee; meeting______21450 FEDERAL MARITIME NATIONAL SCIENCE HOUSING AND URBAN FOUNDATION COMMISSION DEVELOPMENT DEPARTMENT Notices Notices See Federal Insurance Adminis­ Very Large Array (VLA) ; sum­ Financial responsibility (Oil Pol- tration; Interstate Land Regis­ mary of Federal action affecting lution) : tration Sales Office. environment______21462 Certificates issued______21457 Certificates revoked______21458 IMPORT PROGRAMS OFFICE POSTAL RATE COMMISSION Notices Notices FEDERAL POWER COMMISSION Visits to postal facilities (2 Institute for Muscle Disease, Inc., d ocu m en ts)______21450 Notices et al.; applications for duty-free Hearings, etc.: entry of scientific articles____ 21451 PRICE COMMISSION Cities Service Oil Co., et al___ _ 21458 Rules and Regulations Mountain Fuel Supply Co., and INTERIOR DEPARTMENT Institutional providers of health Colorado Interstate Gas Co__ 21459 See also Fish and Wildlife Serv­ services ; uniform rates for nurs­ Southern Natural Gas Co_____ 21460 ice; National Park Service. ing hom es—______21440 CONTENTS 21409

SECURITIES AND EXCHANGE SMALL BUSINESS TARIFF COMMISSION COMMISSION ADMINISTRATION Notices Proposed Rule Making Notices Workers* petition for a determina­ Financial statements; disclosure Regional Directors; delegation of tion; investigation.-______21467 of ch arges------21445 authority to conduct program Membership on registered securi­ activities in field offices______21466 TRANSPORTATION ties exchanges; additional pro­ DEPARTMENT cedures for receipt of com­ SOCIAL SECURITY ments ------21447 ADMINISTRATION See also Federal Aviation Admin­ istration; Federal Highway Ad­ Notices Rules and Regulations ministration; Federal Railroad Christiana Securities' Co., and Federal health insurance for aged; Administration. E. I. du Pont de Nemours & time requirements for filing— 21428 Co.; filing of application for an TREASURY DEPARTMENT order exem pting transactions STATE DEPARTMENT between affiliates incident to a See Internal Revenue Service. m erger------21462 See also Agency for International Defense and other long-term con­ Development. VETERANS ADMINISTRATION tracts; prompt and accurate dis­ Notices closure — ------— ------21464 Availability of draft environ­ Rules and Regulations Financing reporting; quarterly mental impact statements: Pension, compensation, and de­ arid other interim reports of Proposed Ocean Dumping Con­ pendency and indemnity com­ operations------21465 vention ______21449 pensation; waiver of retirement Meridian Fast Food Services, Inc.; Proposed use of Detroit River benefits ______21436 order suspending trading------21464 pipes to permit hydrocarbon transmission------21450 Under Secretary for Security As­ sistance; delegation of author­ ity ...... - 21449

List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations documente n S h e d in todc^i 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 iss of tiie month the cumulative list will appear at the end of the issue. ., .. . ., . j _-r*:ons A cumulative guide is published separately at the end of each month. The gmde tets the parts and sections affected by documents published since January 1. 1972, and specifies how they are affecte .

9 CFR 24 CFR 3 CFR 1Q14. ______„ 21433 Proclamations: 82____ ——...... - ...... 21427 1 pi R ______— 21434 41(55! ' I ■ ___ 21411 41(53 ______. 21413 14 CFR 26 CFR ______21415 4164 71 ______- _------21427 21434 4165 ______21417 4166___ —— ______21419 P roposed R u les: P roposed R u l e : — 21442 Executive O rders: 39— - ...... 21444 301 ______11671 (Amended and superseded 38 CFR by EO 11686______21421 17 CFR 11686______- — 21421 21436 P roposed R u l es: 6 CFR 40 CFR 300______21440 240______21447 l i s ______21441 H a ______21445 123 ______21441 7 CFR - 21423 20 CFR 45 CFR 131 ______21436 966 - fjH____ 21423 AO* ___ 21428 flan ■ — — 1— — 21424 10«« _ ____ 21437 lam 21425 1069 (2 document®) - _ 21438 IftRI 21425 1890n _ ,, . _ 21425 21 CFR 49 CFR Proposed R ules: 1351} , ______21429 303 ______21439 319 ____ 21444 725 __ j _ __ 21443 23 CFR 50 CFR 982 21442 21436 984— 21443 1 (2 documents)------— __ 21430 32______

Presidential Documents

Title 3—The President PROCLAMATION 4162 National Legal Secretaries’ Court Observance Week By the President of the United States of America A Proclamation

Secretaries to lawyers and judges play an important role in our judicial system, providing competent, dedicated and loyal service to the leaders of the bar. Many legal secretaries, however, have never visited a court and observed justice in action. In order that they may have an opportunity to do so, and in the belief that such visits can further a legal secretary’s understanding, interest, and efficiency in her work, the Congress, by House Joint Resolution 807, has requested the President to designate the second full week in October, 1972, as National Legal Secretaries’ Court Observance Week. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate the week beginning October 8, 1972, as National Legal Secretaries’ Court Observance Week. I call upon the people of the United States, particularly the legal community, to observe that week with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of October, in the year of our Lord nineteen hundred seventy-two, and of the Independence of the United States of America the one hundred ninety-seventh. ,

[FR Doc.72-17469 Filed 10-10-72;! 1:34 am]

FEDERAL REGISTER, V O L 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972

THE PRESIDENT 21413

PROCLAMATION 4163 National School Lunch Week, 1972 By the President of the United States of America A Proclamation

The National School Lunch Program, now in its twenty-sixth year, has become one of the Nation’s most important programs for safeguard­ ing the health and well-being of America’s children. Last year some 25 million children shared nearly four billion lunches served in their schools. Of these, nearly one-third were needy youngsters who were fed without charge. This program has expanded at such a rapid rate—today it is nearly two and one-half times as large as it was three years ago—that we can now foresee the day when the hunger gap will be closed across America. Through the efforts of local, State, and Federal agencies and private groups and organizations, children in over 82,000 schools now can buy a nutritious lunch at low cost—or enjoy a free lunch. In recognition of the fact that the National School Lunch Program involves a community effort, dependent upon the interest and support of citizens, the Congress, by a joint resolution of October 9, 1962, designated the week beginning on the second Sunday of October each year as National School Lunch Week, and requested the President to issue an­ nually a proclamation for the observance of that week. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby urge the people of the United States to observe the week of October 8, 1972, as National School Lunch Week, to give special and deserved recognition to the role of good nu­ trition in building a stronger America through its youth. IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of October, in the year of our Lord nineteen hundred seventy-two, and of the Independence of the United States of America the one hundred ninety-seventh.

[FR Doc.72-17470 Filed 10-10-72 jl 1:34 am]

FEDERAL REGISTER, V O L 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972

THE PRESIDENT 21415

PROCLAMATION 4164 Drug Abuse Prevention Week By the President of the United States of America A Proclamation

Ordinary modes of expression scarcely do justice to outrage. The enormous human tragedy of drug abuse gives pause to our customary gesture of setting aside seven days a year for intensified concern with this or that social problem. More than a problem, narcotics and dangerous drugs are a grave emergency threatening each and all of us. Drug Abuse Prevention Week, therefore, is but one more occasion to redouble our war against this enemy, to take stock of large victories won in a short time, identify areas of continuing concern and target more resources on them. The first lesson America has had to learn is that drug abuse prevention, all abstractions aside, is a matter of saving lives: our children’s, our neigh­ bors’, our own, our Nation’s. Heroin addicts, as many as half a million of them, need all the help we can give them; so do countless others who abuse pills of every sort, hallucinogens and marijuana. That help is now on the way. The glamorization of drugs has been halted. The full power of government has been mobilized to provide rehabilitation and treatment, to enforce the laws, to pinch off opium and other drug sources all over the world. Medical research has been stepped up. Our schools, our churches, and our communications media are push­ ing preventive educational campaigns. With national heroin shortages now developing, with more and more addicts seeking treatment, and with the steady resurgence of those moral and spiritual strengths which are a people’s ultimate defense against drug abuse, we can find good reason to be hopeful for the future. But even one person addicted or led into drug abuse is one too many, and we shall not have discharged our humane duty until all are rescued from this plague. In this spirit let us press forward. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate the week beginning October 15, 1972, as the third annual Drug Abuse Prevention Week. I call upon officials at every level of government, upon educators, medical professionals, and communicators, upon the business community and the civic groups of our Nation, upon the churches and the clergy, and upon all who bear the special trusts of parenthood and care of the

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21416 THE PRESIDENT

young, to rededicate themselves during this week to the total banishment of drug abuse from American life. I urge every American to commit himself wholeheartedly, beginning now, to this supremely important humanitarian cause. IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of October, in the year of our Lord nineteen hundred seventy-two, and of the Independence of the United States of America the one hundred ninety-seventh.

[FR Doc.72-17471 Filed 10-10-72 ;11:34 am]

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 THE PRESIDENT 21417

PROCLAMATION 4165 National Day of Prayer

By the President of the United States of America A Proclamation

The great king Solomon, told in a night vision to ask what he wished of God, was reverent and humble enough to pray, “I am but a little child . . . Give therefore Thy servant an understanding heart . . . for who is able to judge this Thy so great a people?” In our time as in Solomon’s, no nation can expect to prosper and live in peace—no people can govern themselves wisely—except they invoke and rely on the divine wisdom. In all our concerns and all our affairs as a nation, both at home and abroad, prayer should be not merely an embellishment, but an essential: both the prayer of affirmation that our God is great and good, that He made us and not we ourselves, and the prayer of petition that He may guide and protect us every one. In 1952 the Congress directed the President to set aside a suitable day other than a Sunday each year as a National Day of Prayer, in recognition of the profound religious faith on which America is built. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim Wednesday, October 18, as National Day of Prayer, 1972. I call upon all Americans to pray that day, each after his or her own manner and convictions, for Deity’s blessing on our land and for peace on earth, goodwill among all men. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of October, in the year of our Lord nineteen hundred seventy-two, and of the Independence of the United States of America the one hundred ninety-seventh.

[FR Doc.72-17473 Filed 10-10-72;! 1:35 am]

FEDERAL REGISTER, V O L 37, NO. 197— WEDNESDAY, OCTOBER I I , 1972

THE PRESIDENT 21419

PROCLAMATION 4166 Country Music Month, October

The heart of a people is found in their music, and no music is more deeply rooted in the soul of America than country music. It is no accident that country music is more popular today than ever before. For in the strum of the guitar, the twang of the banjo, and the proud pure voices of country singers, we hear the echo of America’s past and the hope for our future. Strong, simple and moving, country music reflects the joys, the sorrows and the ideals of our people. Love of family, love of country, faith in God, and the happiness and heartbreak of everyday life these are the themes that run throughout our country music, and that bind us all together as Americans. Who can resist tapping foot and joining in when the strains of country music strike up? Country music belongs to no one region or set of people, but to us all. It has given us some of the greatest enter­ tainers and folk heroes, and we have taken it to our heart as a nation. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, ask the people of this Nation to mark the month of October, 1972, with suitable observances as Country Music Month. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of October, in the year of our Lord nineteen hundred seventy-two, ( and of the Independence of the United States of America the one( hundred ninety-seventh.

[FR Doc.72-17474 Filed 10-10-72;! 1:35 am]

FEDERAL REGISTER. V O L 37. NO. 197— WEDNESDAY, OCTOBER 11, 1972

THE PRESIDENT 21421

EXECUTIVE ORDER 11686 Committee Management I have approved the Federal Advisory Committee Act which provides standards for the establishment, operation, termination, and control of advisory committees, assigns responsibility for the performance of those functions, and requires the submission of an annual report to the Con­ gress concerning the administration of the act. The provisions of the act, in effect, supersede and replace the committee management standards and procedures set forth in Executive Order No. 11671 which I issued on June 5,1972. NOW, THEREFORE, by virtue of the authority vested in me by the Federal Advisory Committee Act (hereinafter referred to as the act), section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows : Section 1. The heads of all executive departments and agencies shall take appropriate action to assure their ability to comply with the pro­ visions of the act. Sec. 2. The Director of the Office of Management and Budget shall: ( 1 ) perform, or designate, from time to time, other officers of the Federal Government to perform, without the approval, ratification, or other action of the President, the functions vested in the President by the act, except the function of making the annual reports to the Congress required by section 6(c) of the act; ( 2 ) prepare for the consideration of the President the annual reports to the Congress required by section 6(c) of the act; and ( 3 ) prescribe administrative guidelines and management controls for advisory committees composed wholly of full-time officers or employees of the Federal Government (inter-agency committees not subject to the provisions of the act), as well as for advisory committees covered by the act. Sec. 3. Section 8(4) of Executive Order No. 11671 of June 5, 1972, is hereby revoked and the remainder of that order shall be deemed to be superseded effective as of the expiration of ninety days following the date of my approval of the act.

T h e W h it e H o u s e , October 7, 1972.

J

[FR Doc.72-17472 Filed 10-10-72;! 1:35 am]

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972

21423 Rules and Regulations

mended by the Florida Tomato Commit­ Measurement of diameters shall be in Title 7— AGRICULTURE tee, established pursuant to the said accordance with the methods prescribed marketing agreement and order, it is in the U.S. standards for grades of fresh Chapter I— Agricultural Marketing hereby found that the limitation of tomatoes (§§ 51.1855 to 51.1877 of this Service (Standards, Inspections, shipments regulation, as hereinafter set title ). Marketing Practices), Department of forth, will tend to effectuate the declared (2) Tomatoes of designated sizes may policy of the act. not be commingled unless they are over Agriculture It is further found that good cause 2*%} inches in diameter and each con­ PART 51— FRESH FRUITS, VEGE­ exists for not postponing the effective tainer shall be marked to indicate the TABLES AND OTHER PRODUCTS date of this section until 30 days after designated size. (INSPECTION, CERTIFICATION AND its publication in the F ederal R egister (3) To' allow for variations incident (5 U.S.C. 553) in that (1) shipments of to proper sizing, not more than a total STANDARDS) 1972 fall crop production area tomatoes of ten (10) percent, by count, of the to­ Subpart— U.S. Standards for Grades of will begin on or about the effective date matoes in any lot may be smaller than Pecans in the Shell specified herein and this regulation the specified minimum diameter or larger should apply to all such shipments; (2) than the maximum diameter. ,qT7.K Classification; C orrection compliance with this regulation will not (b) Container net weight require­ In P.R. Doc. 72-15610 appearing in the require any special preparation by ments. (1) No person shall handle any issue of Wednesday, September 13, 1972 handlers which cannot be completed by lot of tomatoes unless they are packed in (37 F.R. 18515), the size classification the effective date; (3) reasonable time one of the following net weight ranges: table under § 51.1402 in column 3 of page is permitted under the circumstances for 18515, is corrected to read as follows: such preparation; and (4) notice of the Container net weight Minimum Maximum regulation has been given to producers (pounds) net weight net weight § 51.1402 Size classification. and handlers in the production area and (pounds) (pounds) * * * * * by publication in the F ederal R egister of September 22, 1972. 20______20 21)4 Size No. of nuts Minimum weight of the 10 Hie recommendations of the commit­ 30...... 30 31)4 classification per pound smallest nuts in a 100- 40...... 40 41)4 nut sample tee reflect its appraisal of the composi­ 60______60 61)4 tion of the 1972-73 crop of Florida to­ In each classification, the matoes and of the marketing prospects (2) To allow for variations incident to Oversize___ 55 or less___ 10 smallest nuts per for this season. The proposed standard­ Extra large.. 56 to 63...... 100 must weigh at least proper packing, not more than a total Large...... 64 to 77...... 7 percent of the total ization of weights, containers and size of 10 percent, by count, of the containers Medium...... 78 to 96...... weight of the 100-nut classfications is needed in the interest of Small...... 96 to 120.... in any lot may vary from the net weight sample. orderly marketing so as to improve net specified. returns to producers. The proposals (c) Inspection. No person shall handle Dated: October 5, 1972. with respect to special pack and special purpose shipments are designed to meet any lot of tomatoes unless such tomatoes E. L. P eterson, are inspected and certified pursuant to Administrator, the différait requirements for such ship­ the provisions of § 966.60. Each handler ments. The minimum size requirement who applies for inspection shall be regis­ Agricultural Marketing Service. will preclude shipments to fresh market (FRDoc.72-17339 Filed 10-10-72;8:51 am] tered with the committee pursuant to of especially small tomatoes which § 966.7. Annual certificates of registra­ usually are of negligible economic value tion will be issued to known handlers to producers. Chapter IX— Agricultural Marketing and to new handlers upon application to Service (Marketing Agreements and § 966.310 Limitation of shipments. the committee and each will be assigned During the period October 15, 1972, a registration number. Registered han­ Orders; Fruits, Vegetables, Nuts), dlers are the first handlers of tomatoes Department of Agriculture through June 15,1973, the following reg­ ulations shall be effective with respect and shall pay assessments as provided PART 966— TOMATOES GROWN IN to all varieties of tomatoes handled, ex­ in § 966.42. FLORIDA cept elongated types, commonly referred (d) Truck shipments. For purposes of to as pear shaped or paste tomatoes and these regulations, the rule, § 966.140, re­ Limitation of Shipments including, but not limited to, San lating to truck shipments of tomatoes Marzano, Red Top, Mid Room varieties; grown in the Florida production area, Notice of rulemaking w ith respect to shall continue in effect. a proposed lim itation of shipm ents, to be cerasiform type tomatoes, commonly re­ effective under Marketing Agreement ferred to as cherry tomatoes; hydroponic (e) Minimum quantity. For purpose of No. 125 and Order No. 966, both as tomatoes; and greenhouse tomatoes. these regulations, each person subject amended (7 CPR Part 966) regulating (a) Size classification and minimumthereto may handle, pursuant to § 966.- the handling of tom atoes grown in the size requirements. (1) Except as other­ 53, up to, but not to exceed, 60 pounds of wise provided in this section, no person tomatoes per day without regard to the production area, was published in the requirements of this part, but this ex­ September 22, 1972, F ederal R egister shall handle any lot of tomatoes which (37 PJt. 19819). This program is effec­ are smaller than 12%2 inches in diameter. ception shall not apply to any shipment tive under the Agricultural Marketing In addition, the tomatoes must be or any portion thereof of over 60 pounds Agreement Act of 1937, as amended (7 packed in one or more of the following of tomatoes. U S.C. 601 et seq .). ranges of diameters: (f) Special pack exemption. Tomatoes Sise classification Diameter (inches) packed by a handler who has been des­ The notice afforded interested persons ignated as a “Certified Tomato Re­ an opportunity to file data, views, or 7 x 8______2%2 and smaller. 7 x 7______Over 2%2 to 2%2, packer” by the committee, are exempt arguments pertaining thereto not later inclusive. from the size classifications of paragraph than October 2, 1972. None was filed. 6 x 7______Over 2%s to 21%2, (a) of this section and the container After consideration of all relevant inclusive. weight requirements of paragraph (b) of 6 x 6______Over 2i%2 to 22%2, batters, including the proposal set forth Inclusive. this section if such tomatoes comply with to the aforesaid notice which was recom­ 6x6 and larger------Over 22%2. inspection requirements of paragraph (c)

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21424 RULES AND REGULATIONS of this section and are packed in con­ Effective date. Dated October 4, 1972, (d) Designation of governmental in. tainers of less than 20 pounds net weight. to become effective October 15, 1972. spection service. The Federal or the (g) Special purpose shipments. (1) Arthur E. B rowne, Federal-State Inspection Service, Fruit The requirements of paragraphs (a), (b), Acting Director, Fruit and Vege­ and Vegetable Division, Agricultural and (c) of this section shall not be ap­ table Division, Agricultural Marketing Service, U.S. Department of plicable to shipments of tomatoes for Marketing Service. Agriculture, and the Fruit and Vegetable canning, relief or charity if the handler [FR Doc.72-17341 Filed 10-10-72;8:49 tön] Division, Production and Marketing thereof complies with the safeguard re­ Branch, Canada Department of Agricul­ quirements of paragraph (h) of this ture, are designated as governmental in­ section. Shipments for canning are ex­ PART 980—VEGETABLES; IMPORT spection services for certifying the empt from the assessment requirements grade, size, quality, and maturity of of this part. REGULATIONS tomatoes that are imported into the (2) The requirements of paragraphs Tomatoes United States under the provisions of (a) and (b) of this section shall not be section 8e-l of the act. applicable to shipments of tomatoes Findings, (a) Notice of rule making (e) Inspection and official inspection which are 2 % 2 inches in diameter or regarding proposed restrictions on im­ certificates. (1) An official inspection cer­ smaller for processing into pickles if the portation of tomatoes into the United tificate certifying the tomatoes meet the handler thereof complies with the safe­ States was published in the Septem­ U.S. import requirements for tomatoes guard requirements of paragraph (h) of ber 22, 1972, F ederal R egister (37 F.R. under section 8 e -l (7 UJS.C. 608e-l), is- this section. 19819). The notice afforded interested sued by a designated governmental in­ (3) The requirements of paragraphs persons an opportunity to file written spection service and applicable to a (a) and (b) of this section shall not be data, views, or arguments in regard specified lot is required on all imports of applicable to shipments of tomatoes for thereto not later than October 2, 1972. fresh tomatoes. export if the handler thereof complies None was filed. (2) Inspection and certification by the with the safeguard requirements of para­ After consideration of all relevant Federal or Federal-State Inspection graph (h) of this section. matters, including the proposal set forth Service will be available and performed (h) Safeguards. Each handler making in the aforesaid notice, and other avail­ in accordance with the rules and regula­ shipments of tomatoes for processing able information, it is hereby found that tions governing certification of fresh into pickles, for canning, for relief or the proposal as published in the notice fruits, vegetables, and other products charity, or for export, in accordance with should be made effective, and that the (Part 51 of this title). Each lot shall be paragraph (g) of this section shall: minimum size requirement is the same made available and accessible for inspec­ (1) First apply to the committee for as that being made effective under Mar­ tion as provided therein. Cost of inspec­ and obtain a certificate of privilege to keting Order No. 966, as amended (7 CFR tion and certification shall be borne by make such shipments; Part 966), for shipments of tomatoes the applicant. (2) Prepare, on forms furnished by the grown in the Florida production area. (3) Since inspectors may not be sta­ committee, a report in quadruplicate on This regulation is subject to amendment tioned in the immediate vicinity of some each individual shipment to such outlets with reasonable notice. smaller ports of entry, importers should authorized in paragraph (g) of this (b) It is hereby further found thatmake advance arrangements for inspec­ section; good cause exists for not postponing the tion by ascertaining whether or not there (3) Bill or consign each shipment di­ effective date of this regulation beyond Is an inspector located at their particular rectly to the designated applicable re­ the time specified (5 U.S.C. 553) in that port of entry. For all ports of entry where (1) the requirements established by this an inspection office is not located, each ceiver; and regulation are mandatory under section (4) Forward one copy of such report importer must give the specified advance 8e-l of the act; (2) notice of the pro­ notice to the applicable office listed be­ to the committee office, and two copies posed regulation was given on Septem­ to the receiver for signing and returning low prior to the time the tomatoes will ber 18, 1972, by issuance of a press re­ be imported. one copy to the committee office. Failure lease and by publication in the F ederal of the handler or receiver to report such R egister of September 22, 1972; (3) in Ports Office Advance shipments by signing and returning the fixing the effective date hereof consid­ notice applicable report to the committee office eration was given to the time required within 10 days after shipment shall be for transportation of the tomatoes and Ail Texas W. T. McNabb, Post Office 1 day. cause for cancellation of such handler’s entry into the United States; and (4) points. Box 310. Austin, TX 78767, Phone: 612— certificate and/or the receiver’s eligibility such notice is in excess of the 3-day 386-6386 to receive further shipments pursuant to minimum required by the act. Ail Arizona B. O. Morgan, Post Office lday. such certificate. Upon cancellation of any points. Box 1614, Nogales, AB § 980.206 Tomato import regulation. 86621, Phone: 602— such certificate, the handler may appeal 287-2902. to the committee for reconsideration. Except as otherwise provided, during Ail California D. P. Thompson, 294 3 days. points. Wholesale Terminal Bldg., (i) Definitions. “Hydroponic Toma­ the period October 15, 1972, through 784 South Central Ave., toes” means tomatoes grown in solution June 15, 1973, no person may import Los Angeles, CA 90021, Phone: 213-622-8756. without soil. “Greenhouse Tomatoes” fresh tomatoes, except pear shaped, AU Hawaii Stevenson Ching, 1428 lday. means tomatoes grown indoors. A “Cer­ cherry, hydroponic, and greenhouse points. South King St., Hono­ lulu, HI 96814, Phone: tified Tomato Repacker” is a repacker tomatoes, as defined herein, unless they 808-941-3071. of tomatoes in the regulated area who are inspected and meet the requirements New York Officer-in-Chargi, Boom lday. City. 28A Hunts Point Market, has the facilities for holding, regarding, of this section. Bronx, N.Y. 10474, resorting, and repacking tomatoes into (a) Minimum size requirements. (1) Phone: 212-991-7669— consumer size packages and has been 1% inches in diameter; 7668. New Orléans.. . Pascal J. Lamarca, 5027 1 day; certified as such by the committee. Other (2) Not more than 10 percent, by Federal Office Bldg., 701 terms used in this section shall have the count, in any lot may be smaller than Loyola Ave., New Or­ leans, LA 70113, Phone: same meaning as when used in Market­ the specified minimum diameter. 604—527-6741—6742. . „ : ing Agreement No. 125, as amended, and (b) Minimum quantity exemption. All other points. D. S. Matheson, Fruit ana 3 days. Vegetable Division, Agri­ th is part. Any importation which in the aggregate culture Marketing Service, (j) Applicability to imports. Pursuant does not exceed 60 pounds may be im­ Washington, DC 20250, to section 608e-l of the Act (7 UJ3.C. ported without regard to the provisions Phone: 202-447-5870. 608e-l) imports of tomatoes are subject of this section. to the same minimum size as specified (c) Plant quarantine. Provisions of (4) Inspection certificates shall cover in paragraph (a) of this section. this section shall not supersede the re­ only the quantity of tomatoes that » (Secs. 1-19, 48 Stat. 81, as amended; 7 U.S.C. strictions or prohibitions on tomatoes being imported a t a particular port oi 601-674) under the Plant Quarantine Act of 1912. entry by a particular importer.

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 RULES AND REGULATIONS 21425

(5) Each inspection certification is­40 U.S.C. 442; sec. 602, 78 Stat. 528, 42 U.S.C. Sec. sued with respect to any tomatoes to be 2942; sec. 301, 80 Stat. 379, 5 U.S.C. 301; 1890n.7 Liquidations of loans with interest Order of Acting Secretary of Agriculture, 36 credit agreements in effect. imported into the United States shall F.R. 21529; Order of Assistant Secretary of Authority: The provisions of this Part set forth, among other things: Agriculture for Rural Development and Con­ (i) The date and place of inspection; 1890n issued under sec. 510, 63 Stat. 437, servation, 36 F.R. 21529; Order of Director, 42 U.S.C. 1480; order of Acting Secretary of (ii) The name of the shipper, or OEO, 29 F.R. 14764) Agriculture, 36 F.R. 21529; order of Assistant applicant; Dated: October 5, 1972. Secretary of Agriculture for Rural Develop­ (iii) The commodity inspected; ment and Conservation, 36 F.R. 21529. (iv) The quantity of the commodity Joseph H. Linsley, I covered by the certificate, Chief, Directives Management § 1890n.l Purpose. I (v) The principal identifying marks Branch, Farmers Home Ad­ This part supplements Part 1822, Sub­ on the containers; ministration. part A, and Part 1861, Subpart A of this | (vi) The railroad car initials and [FR Doc.72-17352 Filed 10-10-72;8:51 am] chapter. This part outlines the policies number, the truck and trailer license and conditions under which interest number, the name of the vessel, or other credits will be allowed on section 502 identification of the shipm ent; and SUBCHAPTER E— ACCOUNT SERVICING Rural Housing (RH) loans. (vii) The following statement, if the facts warrant: Meets import require­ [AIr-116(451) ] § 1890n.2 Definitions. ments of 7 U.S.C. 608e-l. PART 1861— ROUTINE As used in this part: (f) Reconditioning prior to importa­ (a) “Borrower” means an RH borrower tion. Nothing contained in this part SUBCHAPTER G— MISCELLANEOUS REGULATIONS who has a low or moderate income and shall be deemed to preclude any im­ PART 1890n— SERVICING OF INTER­ is indebted for a section 502 insured loan porter from reconditioning prior to im­ EST CREDIT FOR SECTION 502rh that was approved on or after August 1, portation any shipment of tomatoes for BORROWERS 1968. [the purpose of making it eligible for (b) “Interest credit agreement” means importation. Account Servicing Policies (g) Definitions. For the purpose of this an agreement between Farmers Home Section 1861.10 of Subpart A of Part Administration (FHA) and the borrower section, “Importation” means release executed on Form FHA 444-6, “Interest from custody of the U.S. Bureau of Cus­ 1861 is hereby redesignated as Part 1890n of this chapter. Credit Agreement (section 502 RH toms. “Cherry tomatoes” means cerasi- loans)” or Form FHA 444-A6, “Interest form types commonly referred to as The requirement of 5 U.S.C. 553 in­ Credit Agreement (section 502 RH “cherry tomatoes.” “Pear shaped toma­ volve a delay in making available the loans),” which provides for interest toes” means elongated types, commonly assistance provided by this authority. credits on his loan. referred to as pear shaped or paste to­ Part 1890n, redesignated from § 1861.10 matoes and include San Marzano, Red of this chapter, is amended to provide (c) “Review period” means only the Top, and Roma varieties. “Hydroponic a new method for reviewing interest months of October, November, and tomatoes” means tomatoes grown in so­ credits and instructions for servicing ex­ December. lution without soil. “Greenhouse toma­ isting interest credit accounts. The re­ (d) “Substantial change” means a toes” means tomatoes grown indoors. view period for considering interest change in a borrower’s circumstances Measurement of the diameter of toma­ credits is lengthened to include October, that warrants a review of his situation toes shall be in accordance with the November, and December, and the new during the next review period. Such a methods prescribed in the U.S. Standards method for reviewing interest credits in change occurs when: for Grades of Fresh Tomatoes (§§ 51.1855 accordance with this part will begin (1) Either his current family income to 51.1877 of this title ). October 1, 1972. has been significantly reduced by causes (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. It is the policy of this Department that such as death, physical or mental im­ 601-674) rules relating to public property, loans, pairment, or loss of employment; or his family size has increased; and Dated October 4, 1972, to become grants, benefits, or contracts shall be effective October 15, 1972. published for comment notwithstanding (2) As a result of subparagraph (1) of the exemption in 5 U.S.C. 553 with re­ this paragraph, the annual interest Arthur E. B rowne, spect to such rules. See the Secretary credit to which he would be entitled has Acting Director, Fruit and Veg­ of Agriculture’s statement setting forth been increased by at least $100. “Sub­ etable Division, Agricultural the policy on public participation in rule stantial change” does not apply to cir­ Marketing Service. making 36 F.R. 13804, dated July 24, 1971. cumstances that warrant cancellation of [FR Doc.72-17340 Filed 10-10-72;8:49 amj In accordance with the spirit of that an agreement in accordance with policy, interested parties may submit § 1890n.6(a). written comments, suggestions, data, or § 1890n.3 Processing interest credits. Chapter XVHI— Farmers Home Ad- arguments to the Office of the Deputy Ministration, Department of Agri­ Administrator Comptroller, Farmers (a) Form FHA 444-6 and Form FHA culture Home Administration, U.S. Department 444-A6 will be prepared by County Of­ of Agriculture, Room 5007, South Build­ fices as prescribed in the guide available SUBCHAPTER A— GENERAL REGULATIONS ing, Washington, D.C. 20250, within 30 in all FHA offices for preparation of these [FHA Instruction 410.1 ] days after the publication of this part. forms. Material thus submitted will be evalu­ (b) The agreement will be effective PART 1801— r e c e iv in g a n d ated and acted upon in the same manner for two installment years unless the bor­ PROCESSING APPLICATIONS as if this document were a proposal. rower experiences a substantial change However, this Part 1890n as amended, or the agreement is canceled in accord­ Review Procedures; Correction shall be effective until it is further ance with § 1890n.6. In P.R. Doc. 72-16155 published at amended, in order to permit the public (c) The signed original of Form FHA Page 20105 in the issue dated Tuesday, business to proceed expeditiously. Hie 444-6 should be received by the Finance September 26, 1972, in the third para­ new Part 1890n reads as follows: Office at the same time as the promis­ graph on page 20105, beginning “As a Sec. sory note for initial loans and Fonte FHA result of these changes * * *” lines 4 1890n.l Purpose. 444—A6 not later than December 31 of end 5, and in § 1801.3(d), the subpara­ 1890n.2 Definitions. the calendar year for interest credit graphs numbered (6) and (7) should be 1890n.3 Processing interest credits. renewals. 1890n.4 Determination of interest credits renumbered as subparagraphs (5) and for existing loans. (d) For borrowers who have an inter­ respectively. 1890n.5 Processing interest credit renewals. est credit agreement in effect, the fol­ ?39, 75 stat- 318, 7 U.S.C. 1989; sec. 510, 1890n.6 Cancellation of existing credit lowing changes will be shown on Form stat- 437,42 TT.S.C. 1480; sec. 4, 84 Stat. 100, agreements. FHA 451-26, “Transaction Record,” or

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21426 RULES AND REGULATIONS

Form FHA 451-31, “Borrower Trans­ at his request, be executed during the interest credits will be notified and in­ action Record,” prepared by the Finance review period in accordance with the formed of the amount of their revised Office. conditions outlined in paragraph (a) of payments. A new supplementary pay. (1) Interest rate field. The interest this section. The old agreement will be ment agreement will be obtained when rate field will continue to show the in­ canceled as of December 31 of the cur­ needed. terest rate on the note. The Finance rent calendar year. (d) The Finance Office will send to the Office will recompute the interest rate of (c) Execution of interest credit agree­County Office, around November 30 and the borrower’s note to allow for the dol­ ment by borrowers who do not now have again on or about December 20, a list of lar amount provided for in the interest such an agreement. For a borrower who borrowers for whom a renewal interest credit agreement. The computed rate, does not now have an interest credit credit agreement has not been received, rounded to the nearest one-eighth of a agreement because he was ineligible at The County Office staff will place a percent, will be shown as a footnote on the time of receiving his initial loan or checkmark in the last column to denote the form as “reduced interest rate.” Sub­ because his agreement was canceled, but a borrower who is no longer eligible for sequent transactions will be applied to who is now eligible because of a “sub­ interest credits. The original will be re­ the loan at the reduced interest rate by stantial change,” a new agreement may, tained by the County Office and a copy the Finance Office until such time as at his request, be executed during the re­ returned to the Finance Office after not­ renewal or cancellation occurs. view period in accordance with the con­ ing any interest credits that will not be (2) Daily interest accrual field. The ditions for borrowers receiving an initial renewed. A renewal interest credit agree­ daily interest accrual will be shown at loan. ment for all other borrowers whose name the reduced interest rate, and interest § 1890n.5 Processing interest credit re* appears on the list should be completed will accrue at the same rate, until such newals. and mailed to the Finance Office by De­ time as renewal or cancellation occurs. cember 31. (3) Application of credit field. Since (a) During the first week of October, the Finance Office will mail to the County § 1890n.6 Cancellation of existing credit interest will accrue on the loan at the agreements. reduced interest rate, no amounts will Offices a list of borrowers whose interest be reflected in this field when the inter­ credit agreement is expiring. The Fi­ (a) An existing interest credit agree­ est credit transaction is processed. The nance Office will simultaneously mail to ment will be canceled whenever: Interest credit transaction code for this the borrowers a package containing the (1) The borrower ceases to occupy the method of processing interest credits will following: housing, or be 4Z. . (1) A letter of explanation and in­ (2) Liquidation action Is initiated (4) Payment status field. The pay­ structions for completing the interest against the borrower, or credit agreement; ment status field will not reflect the (3) The borrower sells or conveys title dollar amount of the interest credit. (2) Form FHA 444-A6 (3 parts with to the property, or (5) Minimum amount due by date carbon interleaved); (3) Two copies of Form FHA 410-5. (4) The borrower has had a substan­ shown field. The amount of the install­ tial increase in income and is clearly ment, reduced by the amount of interest The County Office name and address will be preprinted in the space provided; and able to repay the loan without interest credit reflected on the Forms FHA 444-6 credits, or or FHA 444-A6 will be shown. (4) Three window envelopes to be used (6) Advance from insurance fund. In ­ by the borrower in mailing interest (5) The FHA loan will not be contin­ terest on advance from insurance fund credit agreements to the County Offices ued with the borrower and the borrower will be computed at net interest rate in and for the employer to mail two copies has never occupied the dwelling. effect at time of payment. of Form FHA 410-5 to the County Office. (b) The effective date of cancellation (b) The interest credit agreement form for subparagraphs (1) through (4) of § 1890n.4 Determination of interest will have the following information pre­ paragraph (a) of this section will be the credits for existing loans. printed by the computer: last day of the month in which the (a) Review of outstanding interest (1) Borrower’s name and address, earliest action occurs which causes the credit agreements expiring December 31 (2) County Office name and address, cancellation. If the date cannot be de­ of the current calendar year. For a bor­ (3) Borrower’s case number, termined, the date on which the County rower in this category, a new interest (4) Amount of loan and date of loan, Supervisor became aware of the situation credit agreement may be executed during (5) Both annual note installment will be used. The effective date of can­ the review period provided the following fields, cellation for paragraph (a) (5) of this conditions can be met: (6) Note installment if the loan was section will be the date of loan closing. (1) The borrower meets the eligibility amortized at 1 percent interest note, and (c) The County Supervisor will deter­ requirements outlined in § 1822.7(n) (1) (7) “Difference” field related to sub- mine the date of cancellation and notify of this chapter, except that the amount paragraph (6) of this paragraph. the Finance Office. The Finance Office of a borrower’s net worth will not be con­ (c) Upon receipt of the “package” the will process the cancellation and will ac­ sidered unless the County Supervisor has borrower will give one copy of the Form crue interest from the date of cancella­ knowledge that the family’s net worth FHA 410-5 to the employer of each mem­ tion at the note rate of interest. has increased sufficiently to enable him ber of the family who has income to be to graduate to other sources of credit. considered. A window envelope will be § 1890n.7 Liquidations of loans with in­ (2) Current and accurate information provided each employer to transmit the terest credit agreements in effect. is obtained about the borrower's family Form FHA 410-5 to the County Office. (a) When liquidation of a loan is income. Verification of income from The borrower will also complete Fart 2 started, the interest credit agreement salary or wages will be obtained by using of the interest credit agreement form w ill be canceled. The effective date of Form FHA 410-5, “Request for Verifica­ leaving carbon intact), sign each copy cancellation will be determined in tion of Employment.” of the form, and mail all copies to the accordance with § 1890n.6. Prompt (3) None of the conditions outlined in County Office. After receiving the exe­ notification to the Finance Office § 1890n.6(a) exist. cuted interest credit agreement from the is extrem ely im portant. Any transaction (b) Substantial change or subsequent borrower and Form FHA 410-5 from the affecting the borrower’s account subse­ loan during first year of interest credit employer, the County Supervisor will quent to cancellation will be incorrect if agreement. For a borrower who has ex­ complete the interest credit agreement, cancellation has not been completed by perienced a “substantial change” as de­ and if the borrower is eligible for interest the Finance Office. In such cases the fined in § 1890n.2(d), or a borrower who credits, the County Supervisor will send daily interest accrual from the effective has an interest credit agreement which the original of the interest credit agree­ date of cancellation of the interest credit will expire December 31 of the succeed­ ment to the Finance Office, retain one agreement will be at the rate of interest. ing calendar year and receives a subse­ copy in the County Office, and return (b) If the account is being liquidated, quent loan, not subject to an interest the other copy to the borrower. Bor­ shew type of action such as transfer, credit agreement, a new agreement may, rowers not eligible to receive additional foreclosure, or sale of property.

FEDERAL REGISTER. VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 RULES AND REGULATIONS 21427

I (c) The notification of cancellation County lines; thence, following the spread of exotic Newcastle disease, and Lhould show the date the borrower va­ Qrange-San Bernardino County line in must be made effective immediately to cated the property. a northwesterly direction to the junc­ be of maximum benefit to affected per­ tion of the Orange-San Bernardino-Los sons. It does not appear that public par­ Dated: October 4, 1972. Angeles County lines; thence, following ticipation in this rulemaking proceeding D arrel A. D unn, the Los Angeles-San Bernardino County would make additonal relevant informa­ Associate Administrator, line in a generally northerly direction to tion available to this Department. Ac­ Farmers Home Administration. the dividing line between T. 3 N. and cordingly, under the administrative [FR Doc.72-17351 Piled 10-10-72;8:50 am] T. 2 N. of the San Bernardino base line; procedure provisions in 5 U.S.C. 553, it thence, following the dividing line be­ is found upon good cause that notice and tween T. 3 N. and T. 2 N. in an easterly other public procedure with respect to direction to the dividing line between the amendment are impracticable and Title 9— ANIMALS AND R. 3 E. and R. 4 E. of the San Bernardino unnecessary, and good cause is found meridian in San Bernardino County; for making the amendment effective less thence, following the dividing line be­ than 30 days after publication in the ANIMAL PRODUCTS tween R. 3 E. and R. 4 E. in a southerly F ederal R egister. Chapter I— Animal and Plant Health direction to the Riverside-San Diego Done at Washington, D.C., this 5th I Inspection Service, Department of County line; thence, following the River- day of October 1972. I Agriculture side-San Diego County line in a westerly, then northwesterly direction to the junc­ F. J. Mulhern, SUBCHAPTER C— INTERSTATE TRANSPORTATION tion of the Riverside-San Diego-Orange Administrator, Animal and Plant OF ANIMALS (INCLUDING POULTRY) AND AN­ County lines. Health Inspection Service. IMAL PRODUCTS (iv) The following areas in Orange [FR Doc.72-17295 Filed 10-10-72;8:46 am] PART 82— EXOTIC NEWCASTLE DIS­ County: (a) The premises of Gerald Gorman, EASE; AND PSITTACOSIS OR ORNI­ at 5631 Lakeview Avenue, Yorba Linda. THOSIS IN POULTRY (b) The premises of James New, 4490 Title 14— AERONAUTICS AND Areas Released From Quarantine Avenida Del Estates, Yorba Linda. I Pursuant to the provisions of sections (v) The following areas in Los An­ SPACE 1,2,3, and 4 of the Act of March 3,1905, geles County. as amended, sections 1 and 2 of the Act (a) The premises of Ruth Clark, 15563 Chapter I— Federal Aviation Adminis­ Denley, Hacienda Heights. tration, Department of Transportation of February 2,1903, as amended, sections (b) The premises of Casa De Pets, 4, 5, 6, and 7 of the Act of May 29, 1884, [Airspace Docket No. 72-NW-18] as amended, and sections 3 and 11 of the 11814 Ventura Boulevard, Studio City. (c) The premises of Bob Swoboda, 126 PART 71— designation o f f e d e r a l [Act of July 2, 1962 (21 U.S.C. I l l , 112, South Juanita, Redondo Beach. [113,115,117, 120, 123, 124, 125, 126, 134b, (d) The premises of Ernest Welch, AIRWAYS, AREA LOW ROUTES, Il34f), Part 82, T itle 9, Code of Federal 8800 Paso Robles Avenue, Northridge. CONTROLLED AIRSPACE, AND RE­ Regulations, is hereby amended in the PORTING POINTS pollowing respects: (e) The premises of Luis Mandoza,’ [ In § 82.3, in paragraph (a) (1) relating 5019—134th Place, Hawthorne. Alteration of Control Area [to the State of California, subdivision (i) • (/) The premises of Gross Egg Ranch, [relating to Orange, Ventura, Los Angeles, West Covina, Calif, in Los Angeles The purpose of this amendment to Part San Bernardino, and Riverside Counties County, comprised of lots 34, 35, and 36 71 of the Federal Aviation Regulations is deleted, and new subdivisions (ii) re­ of the NW>/4 of sec. 16. is to revise the description of the control bating to Ventura County; (iii) relating (Secs. 4-7, 23 Stat. 32, as amended; secs. 1 area outside the continental control area to Riverside and San Bernardino Coun­ and 2, 32 Stat. 791-792, as amended; secs. associated with Jet Route No. 501. This ties; (iv) relating to Orange County; and 1-4, 33 Stat. 1264, 1265, as amended; secs. 3 amendment is necessary to accomplish |(v) relating to Los Angeles County are and 11, 76 Stat. 130, 132; 21 U.S.C. 111-113, compatibility between the control area 115, 117, 120, 123-126, 134b, 134f; 29 F.R. description and the current jet route added to read: 16210, as amended; 37 F.R. 6327, 6505) I (1) California, (i) That portion of alinem ent. Ventura County bounded by a line be­ Effective date. The foregoing amend­ Since this amendment is minor in na­ ginning at the junction of the north ment shall become effective upon ture and no substantive change in the [bank of the Santa Clara River and the issuance. regulation is effected, notice and public [Pacific Ocean; thence, following the The amendment excludes portions of procedure thereon are unnecessary and north bank of the Santa Clara River in Orange and Los Angeles Comities in Cali­ good cause exists for making this amend­ a generally northeasterly direction to fornia from the areas quarantined be­ ment effective on less than 30 days notice. [the Ventura-Los Angeles County line; cause of exotic Newcastle disease. There­ In consideration of the foregoing, Part [thence, following the Ventura-Los An- fore, the restrictions pertaining to the 71 of the Federal Aviation Regulations jgeles County line in a southeasterly, then interstate movement of poultry, mynah, is amended, effective upon publication [generally southwesterly direction to its and psittacine birds, and birds of all in the F ederal R egister (10-11-72), as [junction with the Pacific Ocean; thence, other species under any form of con­ hereinafter set forth. pollowing the Pacific Ocean shoreline in finement, and their carcasses and parts In § 71.161 (37 F.R. 2047) Jet Route a generally northwesterly direction to its thereof, and certain other articles from No. 501 is amended to read as follows: [junction with the north bank of the quarantined areas, as contained in 9 CFR Jet Route No. 501 from Oakland, Calif., [Santa Clara River. Part 82, as amended, will not apply to to Anchorage, Alaska. * * $ * *' the excluded areas, but will continue to (Sec. 307(a), Federal Aviation Act of 1958, apply to the quarantined areas de­ 49 U.S.C. 1348(a); sec. 6(c), Department of I That portion of Riverside and scribed in § 82.3. Further, the provisions Transportation Act, 49 U.S.C. 1655(c)) [San Bernardino Counties bounded by a of the regulations relating to move­ [hue beginning at the junction of the ments from nonquarantined areas apply Issued in Washington, D.C., on Octo­ [Orange-Riverside-San Diego County with respect to the dequarantine d ber 3, 1972. [hues; thence, following the Orange- areas. H. B. H elstrom, [Riverside County line in a generally The amendment relieves certain re­ Chief, Airspace and Air northwesterly direction to the junction strictions presently imposed but no Traffic Rules Division. [of the Orange-Riverside-San Bernardino longer deemed necessary to prevent the [FR Doc.72-17278 Filed 10-10-72;8:45 am]

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21428 RULES AND REGULATIONS

2. In paragraph (b) (1) (ill) of § 405.- the same participating provider of serv­ Title 20— EMPLOYEES’ 1663, the word “any” is changed to “an.” ices with respect to the same continuous 3. New paragraphs (c) are added to period of extended care services. BENEFITS §§ 405.1663, 405.1667, and 405.1692 to re­ (b) Time limitation on requesting flect the effective dates for the time lim­ payment. (1)A request for payment for Chapter III— Social Security Adminis­ itations in the respective sections. provider services which are reimburs­ tration, Department of Health, Ed­ 4. In paragraph (a) of § 405.1692, the able on a reasonable cost basis must be ucation, and Welfare word “lasts” is changed to “last.” filed (preferably with the provider, [Regs. No. 5, further amended] (Secs. 1102,1814,1835, 1842, and 1871, 49 Stat. otherwise with the Social Security Ad­ 647, as amended, 79 Stat. 294, 309, and 331, as m inistration or one of its carriers or PART 405— FEDERAL HEALTH INSUR­ amended; sec. 5 of Reorganization Plan intermediaries) by or on behalf of the ANCE FOR THE AGED (1965__) No. 1 of 1953, 67 Stat. 18, 631; 42 U.S.C. 1302, individual furnished such services on 1395 et seq.) or before whichever of the following is Subpart P— Certification and Recerti­ latest: fication; Requests for Payment Effective date. Except as otherwise (1) December 31 of the calendar year noted in the text of the amendments, following the year in which the services T ime R equirements for F iling they shall be effective upon publication were furnished. Services furnished in On July 13, 1971, there was published in the F ederal R egister (10-11-72). the last 3 months of a calendar year in the F ederal R egister (36 F.R. 13037) a Dated: September 12,1972. shall be deemed furnished in the suc­ notice of proposed rule making with ceeding calendar year. R obert M. Ball, proposed amendments to Subpart P of Commissioner of Social Security. (ii) The last day of the sixth calendar Regulations No. 5. The proposed amend­ month following the month in which the ments set forth the time limitations on Approved: October 3,1972. individual is sent notice of his entitle­ filing requests and claims for payment Elliot L. R ichardson, ment to hospital or supplementary medi­ under the programs for hospital insur­ Secretary of Health, cal insurance, whichever is required for ance benefits and supplementary medi­ Education, and Welfare. payment. cal insurance benefits for the aged pur­ (iii) The last day of the sixth calendar suant to title XVm of the Social Security Subpart P of Regulation No. 5 is m onth follow ing the m onth in which an Act. The notice provided that the time amended as set forth below. error or fault of the Social Security limitations prescribed in §§ 405.1663(b), 1. Section 405.1663 is revised to readAdm inistration or one of its carriers or 405.1667(b), and 405.1692(b) would be as follows: intermediaries is rectified, where such made effective only with respect to re­ § 405.1663 Individual’s request for pay­ error or fault was the cause of the fail­ quests for payment or claims for pay­ ment for services reimbursable on a ure of the individual or person acting ment, as applicable, filed more than 6 reasonable cost basis. on his behalf to file a request for pay­ months after the month in which the ment within the time limit in subdivi­ amendments are finally adopted and (a) General. Except as provided in sub- sion (i) or (ii) of this subparagraph, published in the F ederal R egister. In ­ paragraph (1), (2), or (3) of this para­ whichever is applicable. Where written terested parties were given the opportu­ graph or in § 405.1664, before payment notice to the individual or his repre­ nity to submit within 30 days, data, may be made on behalf of an individual, sentative is necessary in order to rectify views, or arguments with regard to the a written request for payment must be the error or fault, the error or fault shall proposed amendments. executed by the individual or an author­ be considered rectified on the date such A comment has been received recom­ ized person acting on his behalf. The in­ notice is sent. dividual or the authorized person may do (2) For purposes of this paragraph, mending that if a provider of services can this by signing the request for payment demonstrate that circumstances beyond the whole of a continuous period of in­ its control prevented it from meeting the statement on the form designated by the patient services in a hospital, psychi­ Social Security Administration (see atric hospital, or extended care facility time requirements for filing a claim for § 405.1662) or any statement which evi­ payment, an extension should be granted. will be considered to have been fur­ dences an intent to claim payment for nished on the last day such services were This recommendation has not been authorized services. A participating pro­ adopted because it would prevent the Ad­ provided, or if earlier, on the last day of vider of services, or the hospital which the individual’s eligibility to have pay­ ministration from ever closing its books has elected to claim payment for emer­ for a year, as a time limit is designed to ment made for the services (including gency services, shall have the individual services furnished on lifetime reserve do. The proposed time limitations are or an authorized person sign the request ample and generous, by comparison with days—see § 405.110(a)). for payment before the claim is sub­ (c) Effective date. The time limita­ most similar limitations in business and mitted for payment (see § 405.1667). government practice. tion in paragraph (to) of this section (1) In the case of inpatient hospital shall be effective only with respect to A comment has also been received rec­ services (see §§405.116 and 405.152) a ommending that paragraph (a) of § 405.- requests for payment filed after Aprfl request for payment is not required for 1973. 1692 be amended to provide for an exten­ the second or subsequent claim submitted sion of time for filing a claim under this on behalf of such individual by the same 2. Section 405.1667 is revised to read paragraph to correspond with extensions participating provider of services (or hos­ as follows: provided for other claims or requests for pital claiming payment for emergency § 405.1667 Claim for payment by a pro­ payment. This recommendation has not services) with respect to the same con­ vider of services or a hospital which been adopted. The time limit in § 405.- tinuous period of inpatient hospital has elected to claim payment for 1692(a) for claiming payment under the services. emergency services. supplementary medical insurance bene­ fits plan (other than for benefits for (2) In the case of home health services (a) Submitting a claim. A partici­ emergency hospital services) is pre­ (see § 405.131 and 405.236), a request for pating provider of services, or a hospital scribed by section 1842(b) of the Social payment is not required for the second which has elected to claim payment for Security Act, which permits no leeway for or subsequent claim submitted on behalf emergency services, shall submit claims any extensions. of such individual by the same participat­ for payment under the hospital insur­ ing provider of services under the same No other comments, except for one ance plan and the supplementary medi­ which was favorable to the proposed home care plan (see §§ 405.131 and cal insurance plan to its designated in­ amendments, were received. Accordingly, 405.236). termediary or carrier or to the Social the amendments as proposed are hereby (3) In the case of posthospital ex­ Security Administration, as appropriate. Such provider or hospital shall file an adopted, subject to the following tended care services (see § 405.125), a individual’s request for payment (see changes: request for payment is not required for § 405.1663) with its intermediary or car­ 1. In paragraph (a) (3) of § 405.1663the second or subsequent claim sub­ rier or with the Social Security Admin­ the word “claims” is changed to “claim.” mitted on behalf of such individual by istration, as appropriate, prior to, or

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 RULES AND REGULATIONS 21429 with, the submittal of the claim for pay­ forming the surgery, if the right to claim Chapter VI— Employment Standards ment for services furnished to the indi­ payment has been assigned), must file a claim for payment for such services on or Administration, Department of Labor vidual; except that, a provider or before December 31, 1970. If the surgery hospital which has entered into an ar­ SUBCHAPTER B— FEDERAL COAL MINE HEALTH had been performed in November 1969, the AND SAFETY ACT OF 1969, AS AMENDED rangement to do so with its intermediary claim must be filed on or before December 31, or carrier or with the Social Security 1971. PART 722— CRITERIA FOR DETERMIN­ Administration may retain an indi­ ING WHETHER STATE WORKMEN’S vidual’s request for payment as part of (b) Claim for payment for emergency its files. hospital services. (1) An individual’s COMPENSATION LAWS PROVIDE (b) Time limitation on claiming pay­ claim for payment under the hospital in­ ADEQUATE COVERAGE FOR PNEU­ ment. A claim for payment for services surance or supplementary medical in­ MOCONIOSIS AND LISTING OF AP­ furnished to a beneficiary must be filed surance benefits plan for covered emer­ PROVED STATE LAWS on or before whichever of the following gency hospital services he has received is the latest: from a nonparticipating hospital must be List of State Laws Found To Meet (1) The last day in which the bene­ filed with the Social Security Admin­ Criteria of Approval; Correction ficiary (or his representative) is per­ istration, a carrier, or an intermediary on mitted under § 405.1663(b) to file his or before whichever of the following is In 37 F.R. Doc. 72-15148, dated Sep­ request for payment. the latest: tember 7,1972 (37 F.R. 18076), there was (2) The last day of the sixth calendar (1) December 31 of the calendar year published as an amendment to Part 722 month following the month in which the following the year in which the services of Title 20, Code of Federal Regulations, request for payment with respect to the were furnished. Services furnished in the a new section designated as § 722.401 services is filed by or on behalf of the last 3 months of a calendar year shall and entitled List of States’ laws which individual. (For this purpose, where the be deemed furnished in the succeeding meet the criteria for approval. request is filed with the Social Security calendar year. Through typographical error, said sec­ Administration or one of its carriers or (ii) The last day of the sixth calendar tion was numbered § 722.401. It should intermediaries, such request will be con­ month following the month in which the have been numbered § 722.104. sidered filed as of the date notice of the individual is sent notice of his entitle­ Signed at Washington, D.C., this 4th filing is sent to the provider.) ment to hospital or supplementary med­ day of October 1972. (3) The last day of the sixth calendar ical insurance, whichever is required for month following the month in which an payment. R ichard J. G rünewald, error or fault of the Social Security Ad­ (iii) The last day of the sixth calendar Assistant Secretary for ministration or one of its intermediaries month following the month in which an Employment Standards. or carriers is rectified, where such error error or fault of the Social Security Ad­ [FR Doc.72-17344 Filed 10-10-72:8:49 am] or fault is the cause of the failure of the ministration or one of its carriers or in­ provider to file a claim for payment termediaries is rectified, where such er­ within the time lim it in subparagraph ror or fault is the cause of the failure (1) or (2) of this paragraph, whichever of the individual or the person acting on Title 21— FOOD AND DRUGS is applicable. Where written notice to the his behalf to file a claim for payment provider is necessary in order to rectify within the time limit in subdivision (i) Chapter I— Food and Drug Adminis­ the error or fault, the error or fault shall or (ii) of this subparagraph, as appli­ tration, Department of Health, Ed­ be considered rectified on the date such cable. Where written notice to the indi­ ucation, and Welfare notice is sent. vidual or his representative is necessary (c) Effective date. The time limitation in order to rectify the error or fault, SUBCHAPTER C— DRUGS in paragraph (b) of this section shall be the error or fault shall be considered rec­ PART 135b— NEW ANIMAL DRUGS effective only with respect to claims for tified on the date such notice is sent. FOR IMPLANTATION OR INJECTION payment filed after April 1973. (2) For purposes of this paragraph, 3. Section 405.1692 is revised to readthe whole of a continuous period of in­ Ketamine Hydrochloride Injection as follows: patient hospital services will be con­ The Commissioner of Food and Drugs § 405.1692 Time limitation for claiming sidered to have been furnished on the has evaluated a supplemental new ani­ benefits payable on a reasonable date the services ended, or if earlier, on the last day of the individual’s eligibility mal drug application (43-304V) filed by charge basis. Bristol Laboratories and a supplemental The time limit for claiming benefits to have payment made for the services (including services furnished on lifetime new animal drug application (45-290V) payable on a reasonable charge basis are filed by Parke, Davis & Co., proposing to as follows; reserve days—see § 405.110(a)). (c) Effective date. The time limitation revise the conditions of use of ketamine (a) Claim for payment for services in paragraph (b) of this section shall be hydrochloride injection used as an anes­ other than emergency hospital services. effective only with respect to claims for thetic for cats. The supplemental ap­ Effective with respect to claim s sub­ payment filed after April 1973. plications are approved. mitted after April 1, 1968, a claim for 4. Section 405.1694 is revised to read For consistency, the addresses of the payment under the supplementary med­ as follows: sponsors are being deleted from ical insurance benefits plan (other than § 135b.28(c) and the firms are being a claim for benefits for emergency hos­ § 405.1694 Extension of time limitation. identified by their code number as listed pital services (see paragraph (b) of this Notwithstanding the provisions of in § 135.501(c). section)) submitted by, or on behalf of, § 405.1663(b), § 405.1667(b), or § 405.- Therefore, pursuant to provisions of any person(s) for the purpose of claim­ 1692, where the last day of the time the Federal Food, Drug, and Cosmetic ing payment on a reasonable charge limitation falls on a nonworkday (Satur­ basis, for covered services furnished an Act (sec. 512(i), 82 Stat. 347; 21 U.S.C. individual entitled under such plan, must day, Sunday, legal holiday, or a day all 360b (i)), and under authority delegated be filed with the Social Security Admin­ or part of which is declared to be a non­ to the Commissioner (21 CFR 2.120), istration, a carrier, or an intermediary workday for Federal employees by statute Part 135b is amended in § 135b.28 by on or before December 31 of the calen­ or Executive order) a claim for payment revising paragraph (c) and subparagraph dar year following the year in which such will be considered filed timely if deposited (e) (2) to read as follows: services were furnished. However, serv­ ices furnished in the last 3 months of in the U.S. Postal System or received by § 135b.28 Ketamine hydrochloride in­ a calendar year shall be deemed fur­ the Social Security Administration, a jection, veterinary. nished in the succeeding calendar year. carrier, or an intermediary as applicable ***** Example. An individual received surgery on the first workday thereafter. (c) Sponsors. (1) See code No. 044 in m August 1969. He (or the individual per- [PR Doc.72-17308 Filed 10-10-72; 8:48 am] § 135.501(c) of this chapter.

FEDERAL REGISTER, V O L 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 No. 197- 21430 RULES AND REGULATIONS (2) See code No. 049 in § 135.501(c) of b: Policy and Procedure Memorandum 20- economic activity (employment gains and this chapter. 8, issued January 14, 1969, provided guidance losses, etc.). for the consideration of social, economic, and (6) “Air, noise, and water pollution” in­ ***** environmental effects in the design and cluding consistency with approved air qual­ (e) Conditions of use. (1) It is usedlocation of highways. This instructional ity implementation plans, PHWA noise level in cats for restraint or as the sole anes­ memorandum supersedes the list of effects in standards (as required under PPM 90-2), and thetic agent in diagnostic or minor, brief paragraph 4.c. of PPM 20-8 by consolidating any relevant Federal or State water quality it with the effects listed in 23 U.S.C. 109 (h ). standards. surgical procedures that do not require It also sets forth reporting procedures to (7) “Aesthetic and other values” includ­ skeletal muscle relaxation. assure that the general types of consequences ing visual quality, such as: “View of the (2) It is administered intramuscularly that may be expected from construction of road” and “view from the road,” and the at a recommended dose that ranges from the proposed highway improvement are be­ joint development and multiple use of space. 5 to 15 milligrams per pound of body ing considered with respect to costs, gains, c. In addition to coverage of the significant weight depending on the effect desired. and losses. differences and reasons supporting the alter­ 2. Authority. Sections 135(a), 135(b) and native locations and designs, discussions of * * * * * 136(b) of the Federal-Aid Highway Act of the above items and other economic, social, Effective date. This order shall be ef­ 1970; 23 U.S.C. 109(h), 128(a) and 128(b). and environmental effects, which were raised during public hearings or which were other­ fective upon publication in the F ederal 3. Application. This memorandum applies to proposed projects which have not received wise considered, shall include: (1) Identifi­ R egister (10-11-72). PS&E (plans, specifications, and estimates) cation of the adverse effects, (2) appropriate (Sec. 512(i), 82 Stat. 347; 21 U.S.C. 360b(i)) approval as of the effective date of this measures to eliminate or minimize the ad­ memorandum. These guidelines do not apply verse effects, (3) the estimated costs (ex­ Dated: October 3, 1972. to projects which are already in various pressed in either monetary, numerical or F red J. K ingma, stages of physical construction or are exempt qualitative terms) of the measures under the emergency provisions of para­ considered. Acting Director, graph 3.c. of PPM 20-8. d. The degree of analysis of the items may Bureau of Veterinary Medicine. 4. Procedures, a. As of the effective date vary, depending upon the scope and the [PR Doc.72-17282 Piled 10-10-72;8:45 am] of this memorandum, projects which have nature' of project, the stage of project devel­ received design approval (as defined in PPM opment, and the extent of the adverse effect. 90-1), may receive PS&E approval, if other­ e. Where material required by this memo­ wise satisfactory, on the basis of past State randum has been previously submitted pur­ highway department submissions which suant to other requirements, such as those in Title 23— HIGHWAYS identify and document the economic, social, PPM’s 20-8 or 90-1, the State highway de­ and environmental effects previously con­ partment may either resubmit such material Chapter 1—Federal Highway Admin­ sidered with respect to these advanced proj­ or make reference to it. istration, Department of Trans­ ects, together with a supplemental report, if 5. Effective date. The effective date of this portation necessary, covering the consideration and memorandum is September 29, 1972. disposition of the items not previously cov­ PART 1— ADMINISTRATION OF ered and now listed herein in paragraph [FR Doc.72-17317 Filed 10-10-72;8:50 am] 4.b. The supplemental report shall be pre­ FEDERAL AID FOR HIGHWAYS pared by the State and submitted to the Guidelines for Consideration of Eco­ division engineer not later than the time of PART 1— administration o f submission of PS&E documents for the next FEDERAL AID FOR HIGHWAYS nomic, Social, and Environmental Pederal-aid improvement of the highway Effects section. This supplemental documentation Process Guidelines (Economic, Social, may take the form of statements in the pro­ Section 1.32 of Title 23 of the Code of gram submission (PR-1 or PR-9 forms and and Environmental Effects on High­ Federal Regulations provides in the last attachments), relative to the overall pro­ w ay Projects) sentence that “Selected order and memo­ posal being advanced, unless the division engineer determines that a more detailed Section 1.32 of Title 23 of the Code randums are contained in Appendix A to report is warranted. of Federal Regulations provides in the this part.” On August 30, 1972, the Fed­ b. After the effective date of this memo­last sentence that “Selected orders and eral Highway Administration issued In­ randum, a State highway department request memorandums are contained in Appen­ structional Memorandum 20-4-72 en­ for location and design approval, as required dix A to this part.” On September 21, titled “Guidelines for Consideration of under PPM 20-8, shall be accompanied by 1972, the Federal Highway Administra­ Economic, Social, and Environmental Ef­ reports and other documents showing that tion issued Policy and Procedure Memo­ fects (PPM 20-8 Modification).” the development of the project has taken into consideration the need for fast, safe, randum 90-4 entitled “Process Guide­ Part 1 of Title 23 of the Code of Fed­ and efficient transportation together with lines (Economic, Social, and Environ­ eral Regulations is amended by adding highway costs, traffic benefits, and public mental Effects on Highway Projects).” the following instructional memorandum services including provisions of national de­ This memorandum implements section at the end of Appendix A. fense; and which discuss the anticipated economic, social, and environmental effects 136(b) of the Federal-Aid Highway Act Issued on October 2, 1972. of the proposal and alternatives under con­ of 1970 (23 U.S.C. 109(h)). sideration, to the extent applicable, on the Part 1 of T itle 23 of the Code of Fed­ R. R. Bartelsmeyer, following: Acting Federal eral Regulations is amended by adding (1) “Regional and community growth” in­ the following policy and procedure mem­ Highway Administrator. cluding general plans and proposed land use, [Instructional Memorandum 20-4-72 total transportation requirements, and orandum at the end of Appendix A. HEV-20] status of the planning process. (2) “Conservation and preservation” in­ Issued on October 2,1972. August 30, 1972. cluding soil erosion and sedimentation, the R. R. B artelsmeyer, Guidelines for Consideration of Economic, general ecology of the area as well as man­ . Acting Federal Social, and Environmental Effects (PPM made and other natural resources, such as: Highway Administrator. 20-8 Modification) Park and recreational facilities, wildlife and waterfowl areas, historic and natural [Policy and Procedure Memorandum 90-4; 1. Purpose, a. This memorandum is issuedlandmarks. Transmittal 259] to assure that: (3) “Public facilities and services” in­ (1) Possible adverse economic, social, and cluding religious, health and educational Process Guidelines (Economic, Social, and environmental effects relating to any pro­ facilities; and public utilities, fire protec­ Environmental Effects on Highway posed federally funded project on any tion, and other emergency services. Projects) Pederal-aid highway system have been fully (4) “Community cohesion” including resi­ P ar. considered in developing such project. dential and neighborhood character and 1. Purpose. (2) Final decisions on the project are stability, highway impacts on minority and 2. Authority. made in the best overall public interest, tak­ other specific groups and interests, and 3. Definitions. ing into consideration the need for fast, safe, effects on local tax base and property values. 4. Policy. and efficient transportation, public services, (5) “Displacement of people, businesses, 5. Application. and the costs of eliminating or minimising and farms” Including relocation assistance, 6. Procedures. adverse effects. availability of adequate replacement housing, 7. Implementation and Revision.

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 RULES AND REGULATIONS 21431 rAK. ordination functions called for in Office of within the limits of its resources, will be 8. Contents of the Action Plan, Management and Budget (OMB) Circular prepared to assist or advise. g] identification of Social, Economic, and A—95. e. The Action Plan shall be submitted to Environmental Effects. e. The following definitions are providedthe Governor of the State for review and 10. Consideration of Alternative Courses of solely to clarify the terms “system planning,” approval as a means of obtaining a high Action. “location,” and “design” as they are used in degree of interagency and intergovernmental 11. involvement of Other Agencies and the these guidelines. A highway agency may coordination. Approval by the Governor may Public. choose to use different definitions in re­ occur prior to submittal of the Action Plan 12. Systematic Interdisciplinary Approach. sponding to these guidelines. If not stated to the FHWA, or, if desired by the State, 13. Decisionmaking Process. otherwise, the following definitions will be may occur concurrently with FHWA approval. 14. Interrelation of System and Project De­ assumed to be applicable: f. The Action Plan shall be submitted to cisions. (1) System Planning—Regional analysis of the FHWA not later than June 15, 1973, 15. Levels of Action by Project Category. transportation needs and the identification for approval. The FHWA will not give loca­ 16. Responsibility for Implementation. of transportation corridors. tion approval on projects after November 1, 17. Fiscal and Other Resources. (2) Location—From the end of system 1973, unless the Action Plan has been 18. Consistency with Existing Laws and planning through location approval. approved. Directives. (3) Design—From location approval 7. Implementation and revision, a. The 1. Purpose. To provide to Highway Agencies through the approval of plans, specifications, FHWA may review the States’ implementa­ and Federal Highway Administration (FH and estimates. tion of their Action Plans at appropriate in­ WA) field offices guidelines for the develop­ 4. Policy, a. It is the FHWA’s policy that tervals. The FHWA may withhold location ment of Action Plans to assure that adequate full consideration shall be given to economic, approvals, or such other project approvals consideration is given to possible social, social, and environmental effects in the de­ as it deems appropriate, if the Action Plan velopment of proposed Federal-aid projects, is not being followed. economic, and environmental effects of pro­ b. The Action Plan shall be implemented posed highway projects and that the deci­ that provisions for insuring such considera­ sions on such projects are made in the best tion shall be incorporated in the decision­ as quickly as feasible. A program of staged overall public interest. These guidelines iden­ making process, and that decisions on such implementation for the period up to No­ tify issues to be considered in reviewing the projects shall be made in the best overall vember 1, 1974, shall be developed and de­ public interest, taking into consideration the scribed in the Action Plan. It is expected present organization and processes of a that all aspects of the Action Plan will be Highway Agency as they relate to social, need for fast, safe, and efficient transporta­ tion, public services, and the costs of elimi­ implemented by this date. If the Highway economic, and environmental considerations, Agency believes that any provision in its and in developing desirable improvements. nating or minimizing possible adverse eco­ nomic, social, and environmental effects. Action Plan cannot be implemented prior to The guidelines recognize the unique situa­ November 1, 1974, it shall present a schedule tion of each State and do not prescribe spe­ b. The process by which decisions are reached should be such as to merit public for the implementation of such provisions to cific organizations or procedures. the FHWA, which will consider the proposed 2. Authority. Section 109(h), title 23, confidence in the Highway Agency. To achieve this objective, it is the FHWA’s pol­ schedule on a case-by-case basis. United States Code, directs the following: c. If the schedule for implementation set “(h) Not later than July 1, 1972, the Sec­ icy that: (1) Economic, social, and environmental forth in an approved Action Plan is not met, retary, after consultation with appropriate the FHWA may withhold location approvals Federal and State officials, shall submit to effects be identified and studied early enough to permit analysis and consideration while or such other project approvals as it deems Congress, and not later than 90 days after appropriate. such submission, promulgate guidelines de­ alternatives are being formulated and eval­ uated. d. The Action Plan may be revised by the signed to assure that possible adverse eco­ Highway Agency. Major revisions will be re­ nomic, social, and environmental effects (2) Other agencies and the public be in­ volved in project development early enough viewed and approved by the FHWA by the relating to any proposed project on any same process as for the initial Action Plan. Federal-aid system have been fully con­ to influence technical studies and final deci­ sidered in developing such project, and that sions. 8. Contents of the action plan. a. The the final decisions on the project are made (3) Appropriate consideration be given to Action Plan shall indicate the procedures in the best overall public interest, taking into reasonable alternatives, including the alter­ to be followed in developing highway proj­ consideration the need for fast, safe and effi­ native of not building the project and alter­ ects, including organizational structure and cient transportation, public services, and the native modes. assignments of responsibility by the chief costs of eliminating or minimizing such ad­ 5. Application. These guidelines apply to administrative officer of the Highway Agency verse effects and the following: State Highway Agencies that propose projects to positions or units within the Agency. (1) Air, noise, and water pollution; for which plans, specifications, and estimates Where participation of other agencies or (2) Destruction or disruption of manmade are approved by the FHWA. Other agencies consultants will be utilized, this should be and natural resources, esthetic values, com­ forwarding projects for the approval of the so indicated. The topics to be covered by munity cohesion and the availability of pub­ FHWA need not develop the “Action Plan” the Action Plan are outlined in the following lic facilities and services; specified herein, but shall be guided by the paragraphs of this PPM. (3) Adverse employment effects, and tax stated principles in the development of such b. The Action Plan should describe the and property value losses; Federal-aid highway projects. procedures followed in developing the Ac­ (4) Injurious displacement of people, busi­ 6. Procedures, a. To meet the requirements tion Plan and the steps taken to involve nesses and farms; and of these guidelines, each Highway Agency other agencies and the public during de­ (5) Disruption of desirable community shall develop an Action Plan which describes velopment of the Plan. and regional growth. the organization to be utilized and the proc­ 9. Identification of social, economic, and esses to be followed in the development of environmental effects, a. Identification of Such guidelines shall apply to all proposed Federal-aid highway projects from initial potential social, economic, and environmen­ projects with respect to which plans, speci­ system planning through design. tal effects, both beneficial and adverse, of fications and estimates are approved by the b. The Action Plan should be consistent alternative courses of action should be made Secretary after the issuance of such with the requirements of PPM’s 20-8, 90-1, as early in the study process as feasible, in guidelines.” and of other applicable directives. accordance with PPM’s 90-1 and 20-8 and 3. Definitions, a. Highway agency.—The c. Involvement of other Federal, State, and IM 20—4-72. Timely information on such State highway department or State depart­ local agencies, including A-95 Clearing­ effects should be produced so that the de­ ment of transportation with the primary houses, and, where appropriate, agencies re­ velopment and consideration of alternatives responsibility for initiating and carrying for­ sponsible for transportation planning in ac­ and studies can be influenced accordingly. ward the planning, design, and construction cordance with PPM 50-9, officials, and inter­ Further, the costs, financial and otherwise, of Federal-aid highway projects. ested groups should be sought throughout of eliminating or minimizing possible ad­ b. Human environment.—The aggregate of the development stages of the Action Plan. verse social, economic, and environmental all external conditions and influences (es­ Comments on the proposed Action Plan effects should be determined. thetic, ecological, biological, cultural, social, should be solicited from these agencies, b. The Action Plan should identify: economic, historical, etc.) that affect the lives groups, and individuals, and the Plan for­ of humans. warded to the FHWA should include a sum­ (1) The assignment of responsibility for: (a) Providing information on social, eco­ c. Environmental effects.—The totality of mary of comments on the Plan (including the effects of a highway project on the the sources of such comments) and the nomic, and environmental effects of alterna­ State’s disposition of them. tive courses of action during system plan­ human and natural environment. ning, location, and design stages. d. A-9S clearinghouse.—Those agencies and d. The FHWA, through its division and offices in States, metropolitan areas, and regional offices, will consult with the State (b) Controlling the technical quality of multi-state regions which perform the co­ in the development of the Action Plan and, social, economic, and environmental studies.

FEDERAL REGISTER, V O L 37, NO. 197— WEDNESDAY, OCTOBER l l f 1972 21432 RULES AND REGULATIONS

(c) Monitoring current social, economic, (1) To Insure that information is made 14. Interrelation of system and project de­ and environmental research; monitoring en­ available to other agencies and the public cisions. a. Many significant economic, social vironmental effects of completed projects, throughout the duration of project studies, and environmental effects of a proposed where appropriate; and disseminating "state- and that such information is as clear and project are difficult to anticipate at the sys­ of-the-art” information within the agency. comprehensible as practicable concerning: tem planning stage and become clear only (2) Procedures to be followed to insure (a) The alternatives being considered. during location and design studies. Con­ that timely information on social, economic, (b) The effects of alternatives, both bene­ versely many significant environmental ef­ and environmental effects: ficial and adverse, and the manner and ex­ fects of a proposed project are set at the (a) Is developed in parallel with alterna­ tent to which specific groups are affected. system’s planning stage. Decisions at the sys­ tives and related engineering data, so that (c) Right-of-way and relocation assistance tem and project stages shall be made with the development and selection of alterna­ programs and relocation plans. consideration of their social, economic, en­ tives and other elements of technical (d) The proposed time schedule of project vironmental, and transportation effects to studies can be influenced appropriately. development, including major points of the extent possible at each stage. (b) Indicates the manner and extent to public interest. b. The Action Plan should identify: which specific groups and interests are bene- (2) To insure that interested parties, in­ (1) Procedures to be followed to: flcally and/or adversely affected by alterna­ cluding local governments and metropolitan, (a) Insure that potential social, economic, tive proposed highway improvements. regional, State and Federal agencies, and the and environmental effects are identified inso­ (c) Is made available to other agencies public have an opportunity to participate in far as practicable in system planning studies and to the public early in studies. an open exchange of views throughout the as well as in later stages of location and (d) Is developed with participation of stages of project development. design. staffs of local agencies and interested citi­ (3) To select and coordinate procedures, (b) Provide for reconsideration of earlier zens. in addition to formal public hearings, to be decisions which may be occasioned by re­ (e) Is developed sufficiently to allow for used to inform and involve the public. sults of further study, the availability of the estimation of costs, financial or other­ (4) To utilize appropriate agencies with additional information, or the passage of wise, of eliminating or minimizing identified areawlde responsibilities to assist in the co­ time between decisions. adverse effects. ordination of viewpoints during project (2) Assignment of responsibility for insur­ 10. Consideration of alternative courses of development. ing that project studies are effectively co­ action, a. Alternatives considered should in­ (5) To involve appropriately the organiza­ ordinated with system planning on a con­ clude, where appropriate, alternative types tion which is officially established in urban­ tinuing basis. and scales of highway improvements and ized areas of over 50,000 population to 15. Levels of action "by project category, a. other transportation modes. The option of conduct continuing, comprehensive, coop­ A Highway Agency may develop different pro­ no highway improvement should be con­ erative transportation planning (consistent cedures to be followed depending upon the sidered and used as a reference point for with PPM 50-9 and IM 50-3-71). economic, social, environmental, or trans­ determining the beneficial and adverse ef­ 12. Systematic interdisciplinary approach. portation significance of the highway section fects of other alternatives. Appropriate al­ a. United States Code, title 42, section 4332 to be developed. Different procedures may ternatives which might minimize or avoid (National Environmental Policy Act, 1969) also be adopted for various categories of adverse social, economic, or environmental requires that agencies use “a systematic, projects, such as TOPICS, new route loca­ effects should be studied and described, par­ interdisciplinary approach which will insure tions, or secondary roads, and for various ticularly in terms of impacts upon specific the integrated use of the natural and social regions of the State, such as urban areas groups and in relationship to 42 U.S.C. sciences and the environmental design arts or zones of particular environmental signifi­ 2000d—2000d-4 (title VI of the Civil Rights in planning and in decisionmaking which may cance. Act 1964) and 41 U.S.C. 3601-3619 (title VIII have an impact on man’s environment.” b. The Action Plan should identify: of the Civil Rights Act of 1968). The key b. The Action Plan should indicate proce­ tradeoffs among the alternatives should be dural arrangements or assignments of re­ (1) The categories which the Highway presented. sponsibilities which will be necessary to meet Agency will use to distinguish the different b. The Action Plan should identify the as­ this requirement, including: degrees of effort which under normal cir­ signment of responsibility and the proce­ (1) The organization and staffing of inter­ cumstances will be devoted to various types dures to be followed to insure that: disciplinary project groups which are syste­ of projects. (1) The consequences of the no-highway- matic and interdisciplinary in approach, in­ (2) Assignment of responsibility for deter­ improvement option are set forth, with data cluding the possible use of consultants and mining, initially and in periodic reviews, the of a level of completeness and of detail representatives of other State or local agen­ category of each ongoing highway project. consistent with that developed for other cies. (3) Procedures to be followed for each alternatives. (2) Recruitment and training of personnel category (including identification of impacts, (2) A range of alternatives appropriate to with skills which are appropriate to add public involvement, decision process, and the stage is considered at each stage from on a full-time basis, and the development other issues covered in these guidelines). system studies through final design. of appropriate career patterns, including 16. Responsibility for implementation. As­ (3) The development of new transporta­ management opportunities. signment of responsibility for implementa­ tion modes or the improvement of other (3) Additional training for present per­ tion of the Action Plan should be identified. modes are adequately considered, where sonnel to enhance their capabilities to work appropriate. effectively in an interdisciplinary environ­ 17. Fiscal and other resources, a. An im­ (4) Nontransportation components, such ment. portant component of the Action Plan is as replacement housing, joint development, 13. Decisionmaking process, a. The process identification of resources of the Highway multiple use of rights-of-way, etc., are in co­ of reaching various decisions on highway im­ Agency and of other agencies required to per­ ordination with transportation components. provement projects should be reviewed to form the identified procedures and execute (5) Suggestions from outside the Agency assure that it provides for the appropriate the assigned responsibilities. are given careful consideration. consideration of all economic, social, environ­ b. The Action Plan should identify: 11. Involvement of other agencies and the mental, and transportation factors as re­ (1) The resources of the Highway Agency •public. a. The President has directed Federal quired by these guidelines. (in terms of personnel and funding) that agencies to “develop procedures to insure b. The Action Plan should identify: will be utilized in implementing and carrying the fullest practicable provision of timely (1) The processes through which other out the Action Plan. public information and understanding of State and local agencies, government officials, (2) Resources that are available in other Federal plans and programs with environ­ and private groups may contribute to reach­ agencies to provide necessary information on mental impact in order to obtain the views ing decisions, and the authority, if any, social, economic, and environmental effects. of interested parties” (Executive Order which other agencies or government officials (3) Programs for the addition of trained 11514). Policy and Procedure Memorandum can exercise over decisions. personnel or fiscal or other resources to 20-8 contains similar provisions. Interested (2) Different decsion processes, if any, for either the Highway Agency itself or other parties should have adequate opportunities various categories of projects (e.g., Interstate, agencies. to express their views early enough in the Primary, Secondary, TOPICS) and for vari­ 18. Consistency with existing laws and study process to influence the course of ous geographic regions of the State (e.g., in lirectives. The Highway Agency should studies, as well as the actions taken. In­ various urban and rural regions) to reflect .dentify and report, either in the Action formation about the existence, status, and local differences in the nature of potential Plan or otherwise, areas where existing Fed­ results of studies should be made available environmental effects or in the structure of irai and State laws and administrative ^ire°" to the public throughout those studies. The local governments and institutions. fives prevent or hamper full compila® required public hearings (PPM 20-8) should (3) The processes to be used to obtain with these guidelines. Where appropriate, be only one component of the agency’s pro­ participation in decisions by officials of ap­ recommendations and proposed actions to gram to obtain public involvement. propriate agencies in other States for those overcome such difficulties should be de- b. The Action Plan should identify the situations in which the potential social, eco­ assignment of responsibility and procedures nomic, and environmental effects are of in­ to be followed: terstate concern. [FR Doc.72-17290 Filed 10-10-72;8:50 am]

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 RULES AND REGULATIONS 21433 Title 24— HOUSING AND URBAN DEVELOPMENT Chapter X— Federal Insurance Administration, Department of Housing and Urban Development SUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM PART 1914— AREAS ELIGIBLE FOR THE SALE OF INSURANCE Status of Participating Communities Section 1914.4 of Part 1914 of Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations is amended by adding in alphabetical sequence a new entry to the table. In this entry, a complete chronology of effective dates appears for each listed community. Each date appearing in the last column of the table is followed by a designation which indicates whether the date signifies the effective date of the authorization of the sale of flood insurance in the area under the emergency or the regular flood insurance program. The entry reads as follows: § 1914.4 Status of participating communities. * *•* ♦ * * Effective date State County Location Map No. State map repository Local map repository of authorization of sale of flood insurance for area

4 * * * # * Alabama...... Coffee Elba...... 101031 1010 01 Alabama Development Office, Office City Hall, Elba, Ala. 36323...... Oct. 13,1974, through of State Planning, State Office Bldg., Coffee County Courthouse, Elba, Ala. Emergency. 101 031 1010 04 601 Dexter Ave., Montgomery, AL 36323. Oct. 6,1972. 36104. Regular. Alabama Insurance Department, Room 453, Administrative Bldg., Montgomery, Ala. 36104. Connecticut.... Hartford. Avon Oct. 6, 1972. Emergency. Do...... ;__ New Haven...... West Haven...... ______Do. Florida...... Collier.._____... Everglades___ ... 112 021 0970 02___Department of Community Affairs, Office of the City Clerk, City of Ever- July 18, 1970. 309 Office Plaza, Tallahassee, Eia. glades, Everglades, Fia. 33929. Emergency. 32301. Oct. 6,1972. State of Florida Insurance Depart­ Regular. ment, Treasurer’s Office, The Capi­ tol, Tallahassee, Fla. 32304. Do....____ St.Johns...... St. Augustine..... 1 12 109 2690 03. r_.____ do...... Office of the City Manager, City of St. Sept. 28,1970. Augustine, St. Augustine, Fla. 32084. Emergency. Oct. 6,1972. Regular. Do..___ _ Broward...... Margate...... Oct. 6,1972. Emergency. Massachusetts_Essex..:______Newbury...... Do. Do_____...... do..'______Newburyport____ Do. Minnesota..__ Wright______Unincorporated Do. areas. New Jersey___ Middlesex______Edison Township. DO. Do...... Bergen______Old Tappan_____ Do. North Carolina. Beaufort______Washington...___ Do. Pennsylvania__Bucks...... Hilltown Town­ Do. ship. Do.__ _...... do______.... Middletown Do. Township. Do...... Cambria...;.____ Lower Yoder Do. Township. Do...... Lancaster...___ _ Lititz Borough.... Do. Do...... Luzerne______Kingston Do. Borough. Do------York______York______Do. Rhode Island__Providence__ ..... North Providence. Do. Texas...... Bexar______Alamo Heights___ Do. Do— ____ Hidalgo______Unincorporated Do. areas.

(National Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (83 F.R. 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and Secretary’s delegation of authority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969) Issued: October 2, 1972. G eorge K. B ernstein, Federal Insurance Administrator. [FR Doc.72-17235 Filed 10-10-72;8:45 am]

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21434 RULES AND REGULATIONS

PART 1915— IDENTIFICATION OF SPECIAL HAZARD AREAS List of Communities With Special Hazard Areas Section 1915.3 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: § 1915.3 List of communities with special hazard areas. * * ♦ ♦ • * Effective date of identification of State County Location Map No. State map repository Local map repository areas which have special flood . hazards

* * * * * * * * * * * ♦ * * * Alabama...... Coffee...... E lb a ..-...... H 010311010 01 Alabama Development Office, Office City Hall, Elba, Ala. 36323------. Oct. 13, 1971. through of State Planning, State Office Bldg., Coffee County Courthouse, Elba, Ala. H 01 031 1010 04 501 Dexter Ave., Montgomery, AL 36323. 36104. ✓ Alabama Insurance Department, Room 453, Administrative Bldg., Montgomery, Ala. 36104. Connecticut...... Hartford...... Avon...... -...... -...... -...... -...... -...... -...... -...... -...... — Oct. 6, 1972. Do...... New Haven_____ West Haven------Do. Florida ...... Collier...... Everglades...... H 12 021 0970 02___Department of Community Affairs, Office of the City Clerk, City of Ever- July 18,1970. 309 Office Plaza, Tallahassee, Fla. glades, Everglades, Fla. 33929. 32301. State of Florida Insurance Depart­ ment, Treasurer’s Office, The Capi­ tol, Tallahassee, Fla. 32304. Do...... St.Johns...... St. Augustine___ H 12 109 2690 03------do~------Office of the City Manager, City of Sept, 25,1970. St. Augustine, St. Augustine, Fla. 32034. Do...... Broward...... Margate...... ---...... -...... -...... -...... Oct. 6, 1972. Massachusetts_Essex...... Newbury...... — ...... -...... -...... Do. Do...... do...... Newburyport...... -...... -...... -...... Do. Minnesota...... Wright...... Unincorporated ...... -...... r...... -...... Do. areas. New Jersey...... Middlesex...... Edison Township...... Oct. 6, 1972. Emergency. Do...... Bergen...... Old Tappan...... -...... -...... ——...... -...... Do. North Carolina. Beaufort...... Washington...... -...... —...... ------— Do. Pennsylvania__Bucks______Hilltown ------Do. Township. Do...... __ do...... Middletown ...... 1...... Do. Township. D o...... Cambria______Lower Yoder ...... ! Do. Township. D o...... Lancaster...... Lititz Borough...... '...... Do. Do.—...... Luzerne_____ .... Kingston ...... — ...... —...... Do. Borough. Do______York______... York...------.'------...... ——...... Do. Rhode Island... Providence...... North Providence...... -...... Do. Texas...... Bexar...... Alamo Heights------—...... Do. Do..._____Hidalgo______Unincorporated — ...... —...... Do. areas.

(National Flood Insurance Act of 1968 (title ~frTTT of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 F.R. 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 UJ3.C. 4001-4127; and Secretary’s delegation of authority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969) Issued: October 2, 1972. George K. B ernstein, Federal Insurance Administrator. [FR Doc.72-17236 Filed 10-10-72;8:45 am]

After consideration of all such relevant Paragraph 1. Section 1.954 is amended Title 26— INTERNAL REVENUE matter as was presented by interested by revising section 954(b) (4) and the Chapter I— Internal Revenue Service, persons regarding the rules proposed, the historical note to read as follows: Department of the Treasury amendments of the regulations as pro­ § 1.954 Statutory provisions; foreign posed are hereby adopted without base company income. SUBCHAPTER A— INCOME TAX change. Sec. 954. Foreign Vase company in­ [T.D. 7211] (Sec. 7805, Internal Revenue Code of 1954, come. * * * PART 1— INCOME TAX; TAXABLE 68A Stat. 917; 26 U.S.C. 7805) (b) Exclusions and special rules. * * * (4) Exception for foreign corporations not YEARS BEGINNING AFTER DE­ [seal] Johnnie M. Walters, availed of to reduce taxes. For purposes of CEMBER 31, 1953 Commissioner of Internal Revenue. subsection (a), foreign base company income does not include any item of income re­ Controlled Foreign Corporations Not Approved: October 4,1972. ceived by a controlled foreign corporation if Availed of To Reduce Taxes it is established to the satisfaction of the F rederic W. Hickman, Secretary or his delegate that neither— On April 1, 1972, notice o f proposed Assistant Secretary of the (A) The creation or organization of such rule making with respect to the amend­ Treasury. controlled foreign corporation under the ments of the Income Tax Regulations laws of the foreign country in which it is In order to conform the Income Tax incorporated (or, in the case of a con­ (26 CFR Part 1) under section 954(b) (4) Regulations (26 CFR Part 1) under sec­ of the Internal Revenue Code of 1954 trolled foreign corporation which is an ac­ tion 954(b) (4) of the Internal Revenue quired corporation, the acquisition of such (relating to exception for foreign corpo­ corporation created or organized under the rations not availed of to reduce taxes) Code of 1954, relating to exception for laws of the foreign country in which it is to conform the regulations to changes foreign corporations not availed of to re­ incorporated), nor made by section 909 of the Tax Reform duce taxes, to section 909 of the Tax (B) The effecting of the transaction giving Act of 1969 (83 Stat. 718) was published Reform Act of 1969 (83 Stat. 718), such rise to such income through the controlled in the F ederal R egister (37 F.R. 6688). regulations are amended as follows: foreign corporation,

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 RULES AND REGULATIONS 21435 has as one of its significant purposes a sub­ the creation or organization of such cor­ business carried on, or to be carried on, stantial reduction of income, war profits, or poration under the laws of the foreign by the controlled foreign corporation; excess profits or similar taxes. country or possession of the United the classes of income derived, or to be de­ * • * * * States in which it is incorporated did rived, by such corporation; the fre­ (Sec. 954 as added by sec. 12(a), Rev. Act not have as one of its significant pur­ quency with which the particular item 1962 (76 Stat. 1006); as amended by sec. 909, poses a substantial reduction of income, of income is derived; the effective rate of Tax Reform Act 1969 (83 Stat. 718) ] war profits, excess profits, or similar tax imposed on such income; the place in which the income-producing trans­ Par. 2. Section 1.954-1 (b) is amended taxes, then only that income may be by revising the heading and subdivision excluded for the taxable year in respect action occurs or the source of such in­ (i) of subparagraph (3) and by adding of which it is established that the effect­ come; and the location of the persons ing through such corporation of the purchasing the corporation’s goods or a new subparagraph (4). These amended services. Generally, if the income-pro­ and added provisions read as follows: transaction giving rise to such income did not have as one of its significant pur­ ducing activity carried on by a controlled 81.954—1 Foreign base company in­ poses a substantial reduction of income, foreign corporation takes place within come. war profits, excess profits, or similar the foreign country or possession of the ***** taxes. If with respect to the U.S. share­ United States in which the corporation (b) Exclusions from foreign base com­holder the foreign corporation became is created or organized, the creation or pany income. * * * a controlled foreign corporation by organization of the corporation in that (3) Income of controlled foreign cor­ reason of the acquisition of its stock, country or possession will not be con­ porations not availed of to substantially rather than by reason of its creation or sidered to have as a significant purpose reduce income or similar taxes; taxable organization under the laws of the for­ a substantial reduction of income, war years ending on or before October 9, eign country or possession of the United profits, excess profits, or similar taxes. ig69—(i) General rule. Foreign base States in which it is incorporated, it (v) Manner of demonstrating lack of company income does not include any must be established, for purposes of (a) tax reduction purpose. It is the U.S. item Of gross income if it is established of this subdivision, that the acquisition shareholder’s responsibility, in accord­ to the satisfaction of the district director of such corporation did not have as one ance with § 1.964-3 and paragraph that the creation or organization of the of its significant purposes a substantial (d) (6) of § 1.964-4, to provide the dis­ controlled foreign corporation receiving reduction of income, war profits, excess trict director with books or records suf­ such item of gross income does not have profits, or similar taxes. ficient to verify the gross income the effect of substantially reducing in ­ (ii) Substantial reduction of income excluded from foreign base company in­ come, war profits, excess profits, or taxes. For purposes of this subparagraph, come under section 954(b) (4) and this similar taxes with respect to such item. a determination as to whether there has subparagraph. However, if the U.S. See section 954(b) (4). For taxable years been a substantial reduction of income, shareholder of a controlled foreign cor­ ending after October 9, 1969, see also war profits, excess profits, or similar poration desires to establish in respect subparagraph (4) of this paragraph. taxes with respect to an— of a proposed transaction that neither the creation or organization (or acquisi­ * * * * * (a) Item of foreign personal holding company income described in § 1.954-2 tion) of such corporation under the laws (4) Income of controlled foreign cor­ shall be made by applying the principles of the foreign country or possession of porations not availed of to substantially of subparagraph (3) (ii) of this para­ the United States in which it is incor­ reduce income or similar taxes; taxable graph, or porated nor the effecting through such years ending after October 9, 1969— (i) (b) Item of foreign base company corporation of the transaction giving General rule. Foreign base company in­ sales income described in § 1.954-3 or an rise to an item or items of income has as come of a controlled foreign corporation item of foreign base company services one of its significant purposes a sub­ for any taxable year ending after Octo­ income described in § 1.954-4 shall be stantial reduction of income, war profits, ber 9,1969, does not include any item of made by applying the principles of sub- excess profits, or similar taxes, he may gross income received or accrued by such paragraph (3) (iii) and (iv) of this forward a statement setting forth suf­ corporation during such year if it is paragraph. ficient facts and circumstances to the established that both (a) th e creation Commissioner of Internal Revenue, At­ or organization of such corporation For illustrations of cases in which for tention: Income Tax Division, Washing­ under the laws of the foreign country or purposes of this subparagraph it may be ton, D.C. 20224, for a ruling. Where the possession of the United States in which determined whether or not there has Commissioner determines that a ruling is it is incorporated, and (b) the effecting been a substantial reduction of income, appropriate, a letter setting forth the through such corporation of the trans­ war profits, excess profits, or similar Commissioner’s determination will be action which gives rise to such income taxes with respect to an item of income, mailed to the taxpayer. If the Commis­ did not have as a significant purpose a see the examples in subparagraph (3) sioner determines that, upon the basis substantial reduction of income, war (viii) of this paragraph. of the facts presented, the exclusion of profits, excess profits, or similar taxes. (iii) Significant purpose defined. For section 954(b) (4) and this subparagraph If the controlled foreign corporation re­ purposes of this subparagraph, to be applies to the income involved, the tax­ ceives or accrues an item of income in significant a purpose must be important, but it is not necessary that it be the payer should retain a copy of the Com­ respect of which there has been no sub­ principal purpose or the purpose of first missioner’s letter as authority for stantial reduction for the taxable year excluding such income from foreign of income, war profits, excess profits, or importance. base company income for the taxable similar taxes, it may, without reference (iv) Application of significant purpose year. test. For purposes of determining to (a) or (b) of this subdivision, be (vi) Other applicable rules. The prin­ excluded from foreign base company whether the creation or organization of a controlled foreign corporation in a par­ ciples of subparagraph (3) (vi) of this income under section 954(b) (4) and paragraph, relating to the effect of the this subparagraph. On the other hand, ticular foreign country or possession of the United States, or whether the acquisi­ exclusion under section 954(b) (4) upon if the controlled foreign corporation re­ other amounts, and subparagraph (3) ceives or accrues an item of income in tion of a controlled foreign corporation in that country or possession, or whether (vii) of this paragraph, relating to a respect of which there has been a sub­ branch treated as a separate wholly stantial reduction for the taxable year of the effecting of the income-producing income, war profits, excess profits, or transaction through that corporation owned subsidiary corporation, apply for similar taxes, it may not be excluded had as one of its significant purposes a purposes of this subparagraph. substantial reduction of income, war from foreign base company income (vii) Illustration. The application of profits, excess profits, or similar taxes, this subparagraph may be illustrated by under section 954(b) (4) and this sub- all the facts and circumstances involved paragraph if there is a failure to satisfy will be taken into account. Among the the following example: the requirements of either (o) or (b) of factors to be considered are the various Example. A controlled foreign corporation this subdivision. If it is established that purposes for the action; the type of Is Incorporated under the laws of a foreign

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21436 RULES AND REGULATIONS country. In the past the controlled foreign on page 16085, “Sheldon National Ante­ a notice of proposed regulatory develop­ corporation has organized a number of other lope Refuge” should be amended to read corporations in that country to operate radio m ent to issue a regulation concerning and television stations there. The purpose of “Charles Sheldon Antelope Range.” waiver of retirement benefits. Interested establishing these other corporations was to J ohn D. F indlay, persons were given 30 days in which to form a centrally managed radio, and televi­ Regional Director, Bureau of submit comments, suggestions, or objec­ sion network. The controlled foreign cor­ Sport Fisheries and Wildlife. tions regarding the proposed regulations. poration’s stock interest in these other cor­ No written objections have been re­ S eptember 29, 1972. porations ranges from 10 percent to 100 per­ ceived and the proposed regulation is cent. By reason of its stock interests and for [PR Doc.72-17288 Piled 10-10-72;8:46 am] other financial or technical reasons, the con­ hereby adopted without change and is trolled foreign corporation has exercised ef­ set forth below. fective practical control over the other cor­ Effective date. This VA Regulation is porations. The controlled foreign corporation Title 38— PENSIONS, 80NUSES, also has conducted several businesses in the effective the date of approval. foreign country for a number of years which AND VETERANS’ RELIEF Approved: October 4,1972. are related to the communications network it has been attempting to establish. In 1969, Chapter I— Veterans Administration By direction of the Administrator. the communications agency of the foreign country changes its policy and rules that PART 3— ADJUDICATION [seal] F red B. R hodes, foreign corporations may not own more than Subpart A— Pension, Compensation, Deputy Administrator, 10 percent of the stock of local communica­ tions corporations. Since the controlled for­ and Dependency and Indemnity In § 3.261(a), subparagraph (15) is eign corporation is more than 50 percent Compensation amended to read as follows: owned by U.S. persons, it is treated by the communications agency of the foreign coun­ W aiver of R etirement B enefits § 3.261 Character of income; exclusions try as being subject to this new rule. Be­ On page 16881 o f the F ederal R egister and estates. cause of this policy change, the controlled of August 22, 1972, there was published foreign corporation sells all its shares of * * • * « stock in the radio and television corporations Dependency Pension; Pension; in the foreign country and realizes capital and indem­ protected Pub. Law gains on the sales which are not taxed by the Dependency nity com­ (veterans, 86-211 See— (parents) pensation widows and (veterans, foreign country. Under this subparagraph, (parents) children) widows and these gains are excluded from foreign base children) company income, since the controlled for­ eign corporation was organized in the for­ (a) Income: eign country to actively engage in business * * * * * * * # * * * * in that country and because the acquisition (16) Retirement pay received direct from Included__ Included__ Included__ Included__ § 3.262(e). and the sale of the stock of the radio and service department. § 3.262(h). television corporations by the controlled for­ * * * * * * * * * * * * * * * * * * eign corporation (rather than by its parent corporation or an affiliated corporation) did 2. In § 3.262, paragraph (h) is not have as one of its significant purposes a notice of proposed rule making to issue substantial reduction of income or similar amended to read as follows: regulations which would allow grant as­ taxes. § 3.262 Evaluation of income. sistance to be used for various prepara­ tion costs involved in the acquisition by • • * * * * * * * * grantees under Part 131 of books and P ar. 3. Section 1.964-4 is amended by (h) Retirement benefits waived. Ex­ other materials to be used for library revising paragraph (d) (6) to read as cept as provided in this paragraph, re­ purposes. follows: tirement benefits (pension or retirement Due consideration having been given § 1.964—4 Verification of certain classes payments) which have been waived will to comments received and because of the of income. be included as income. For the purpose weight of benefits that will result, the of determining dependency of a parent, * * * * * proposed regulations are hereby adopted or eligibility of a parent for dependency without change and set forth below. (d) Foreign "base company income andand indemnity compensation or eligi­ exclusions therefrom. * * * bility of a veteran, widow, or child for Effective date. The regulations shall be (6) Income on which taxes are notpension under laws in effect on June 30, effective on the date of their publication substantially reduced. The gross income 1960, retirement benefits from the fol­ in the F ederal R egister (10-11-72). excluded from foreign base company in­ lowing sources which have been waived Dated: September 20,1972. come under section 954(b) (4) and para­ pursuant to Federal statute will not be graph (b) (3) or (4) of § 1.954-1 in the considered as income: S. P. Marland, Jr., case of a controlled foreign corporation (1) Civil Service Retirement and Dis­ Commissioner of Education. not availed of to substantially reduce in­ ability Fund; Approved: October 2,1972. come taxes, the income or similar taxes (2) Railroad Retirement Board (see incurred with respect thereto, and all paragraph (g) (2) of this section); Elliot L. R ichardson, other factors necessary to verify the ap­ (3) District of Columbia, firemen, po­ Secretary. plication of such exclusion. licemen, or public school teachers; Part 131 of Chapter I of Title 45 of 4c * * * * (4) Former lighthouse service. the Code of Federal Regulations is [PR Doc.72-17310 Piled 10-5-72; 12:48 pm] * * * * * amended by adding a new paragraph (u) [PR Doc.72-17311 Piled 10-10-72:8:48 am] to § 131.2, as follows: Title 50— WILDLIFE AND § 131.2 Definitions. Title 45— PUDLIC WELFARE ***** FISHERIES Chapter I— Office of Education, De­ (u) “Acquisition of books and other Chapter I— Bureau of Sport Fisheries partment of Health, Education, and materials to be used for library pui' and Wildlife, Fish and Wildlife Welfare poses” means the purchase, lease-pur­ Service, Department of the Interior chase, or straight lease of such books PART 131— COLLEGE LIBRARY and other materials and includes the PART 32— HUNTING RESOURCES PROGRAM necessary costs of ordering, processing, Certain National Wildlife Refuges in Acquisition of Books and Other and cataloging such books and other Nevada; Correction Material materials and delivery of them to the In F.R. Doc. 72-12528, Volume 37, No. On page 13350 of the F ederal R egister initial place at which they are to be 155, dated Thursday, August 10, 1972, of July 7, 1972, there was published a available for use. Such term does not FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11 1972 RULES AND REGULATIONS 21437 include the rebinding or repair of such C. Paragraph (b) (1) and (2) is re­ means of transportation. This shall be books and other materials. vised to read as follows: by public transportation or, when no (b) Allowances. (1) Who may be paid public transportation is available. Where [PR Doc.72-17309 Filed 10-10-72;8:47 am] an allowance? Any person who is a mem­ the com m unity served by the community ber of a grantee’s policymaking body is action programs covers a large geo­ eligible to be paid an allowance (i) as graphic area, as in the case of a multi­ Chapter X— Office of Economic long as his family income falls within county CAA or a statewide grantee, Opportunity OEO Poverty Guidelines (§ 1060.2 of this reimbursements may also be made to chapter); and (ii) as long as he is not a those nonpoor members of a policymak­ PART 1068— COMMUNITY ACTION ing body who must travel a “substantial PROGRAM GRANTEE FINANCIAL Federal employee, not an employee of an OEO assisted organization, and not an distance” from their home to attend MANAGEMENT employee of a State or local public meetings within the community. The agency. grantee’s principal representative board Subpart—Allowances and Reim­ shall determine what constitutes a “sub­ bursements for Members of Policy­ (2) Limitation on allowances, (i) Allowances should not exceed $5 per stantial distance” in this community. making Bodies (OEO Instruction meeting unless the grantees' principal Such payments shall accord with the 6803-la) representative board determines a higher Standardized Government Travel Regu­ lations, and Subparts 1069.3 and 1069.4 Miscellaneous Amendments payment more suitable. Allowances in excess of $5 may be paid only if justifi­ of this chapter. In cases where there is A. The first sentence of § 1068.5-1 is able on the basis of comparability with group riding, only the board member revised to read as follows: similar fees paid to the poor by anti­ providing the vehicle shall be reimbursed. (ii) Per diem. Per diem may be paid 1 1068.5-1 Applicability of tins subpart. poverty programs administered by non- CAP grantees and funded from sources to both poor and nonpoor members of This subpart applies to all members of other than OEO (e.g., Model Cities) in policymaking bodies when attendance at policymaking bodies of organizations re­ the same community. (Comparability a meeting requires overnight lodging. ceiving financial assistance under titles means that the allowance plus the reim­ Such payments shall accord with the n and m -B of the Economic Opportu­ bursements paid by the OEO grantee Standardized Government Travel Reg­ nity Act of 1964, as amended, if the as­ would be commensurate with the total ulations, and with Subparts 1069.3 and sistance is administered by OEO. * * * payments made to the poor by other 1069.4 of this chapter, cited above. (A ***** agencies.) Grantees should consult with per diem allowance is paid in lieu of B. Paragraphs (c) and (d) (1) and (2) other antipoverty programs in their area meals, lodging, and other subsistence to determine if the fees being paid to expenses.) of § 1068.5-2 are revised and paragraph e. The second sentence of paragraph (d) (5) is deleted as follows: the poor by the various programs are comparable; (ii) no person shall be paid (c) (3) (iii) is revised to read: “Such re­ § 1068.5—2 Définitions. an allowance by any one OEO-assisted imbursement shall be for the actual cost * * * * * organization for attendance at more of the meal (including applicable tax (c) “Meeting.” A meeting for which than two meetings per month, regardless and reasonable tip), but may not exceed proper notification has been given shall of whether the meetings are for the $2.50 per person for lunch and $4 per qualify as a m eeting even though the same or different policymaking bodies. person for dinner.” meeting may fa il for lack of quorum. d. Paragraphs (c)(1) (i), (ii), (2), f. The third sentence of paragraph (d) “Policymaking Body.” The follow­ (3) (i), (ii) are revised to read as (c)(3)(iv) is revised to read: “In no ing representative boards of a grantee follows: event shall the rate of hourly reimburse­ will be considered policymaking bodies: (c) Reimbursements. (1) Who may be ment exceed the Federal minimum wage paid a reimbursement? (i) Any person, (currently $1.60).” (1) Principal representative boards g. In the first sentence of paragraph which are (i) the administering board including a Federal employee, an em­ ployee of an OEO assisted organization, (c) (3) (v), substitute “$18” for “$15”. of a public CAA, (ii) the governing board h. Paragraph (c) (3) (vi) is revised to of a private CAA, and (iii) policy ad­ or an employee of a State or local public agency, whose family income falls within read as follow s: visory committees of other grantees if (vi) Other expenses. A grantee or dele­ constituted as required by § 1060.1 of this OEO Poverty Guidelines and who is a member of a grantee’s policymaking gate agency may permit board members chapter. to make telephone calls free of charge (2) Delegate agency governing bodies body is eligible to be paid a reimburse­ ment. Receiving an allowance does not on telephones in the agency office for if the delegate agency meets both the matters relating to official business. When following tests: (i). Its activities are preclude receiving a reimbursement for actual expenses incurred in attending agency telephones are not available, as solely or substantially financed w ith OEO for example when a meeting is held else­ funds as part of the community action that meeting; (ii) nonpoor members of a grantee’s policymaking body may re­ where than at agency offices, board mem­ program; and (ii) at least one-third of ceive reimbursements for travel under bers may be reimbursed for telephone its governing body is composed of demo­ conditions set forth in subparagraph (3) calls relating to matters of official busi­ cratically selected representatives of the (i) of this paragraph and may receive ness. No reimbursement shall be made, poor persons whom the delegate agency however, for calls made on home tele­ serves. per diem. phones. Other unusual expenses may also (2) Limitations on reimbursements. be reimbursed subject to the availability * * * * * Persons may be reimbursed for up to § 1068.5—3 [Amended] of funds and with the approval of the six meetings per month. Any grantee appropriate OEO funding office. C. In § 1068.5-3 Policy: reimbursement to an individual for i. Paragraph (c) (4) is revised as fol­ la. The first sentence of paragraph monthly meetings over this number must lows: (a) is revised as follows: be approved by the OEO Regional Office (4) Meetings outside the community. (a) General. Allowances and reim­or headquarters funding office. The eligibility for reimbursement of ex­ bursements may be paid to members of (3) What expenses may be reim­ penses incurred in attendance at meet­ grantee policymaking bodies who are bursed? The following expenses incurred ings by board members as limited in this eligible for such payments in accordance as the result of actual attendance at subpart applies only to meetings held with this subpart for attendance at m eet­ meetings, or in the performance of other within the area served by the commu­ ings, when such payments serve to assure official duties and responsibilities in con­ nity action program. Reimbursement for and encourage the maximum feasible nection with a community action may travel and per diem outside this area participation of members of groups and be reimbursed: is covered in Subparts 1069.3 and 1069.4 residents of the areas served. * * * (i) Travel. Reimbursement may beof this chapter. b. In the fourth sentence of paragraph made for transportation to and from § 1068.5-4 [Amended] fa) delete “(see OEO Instruction 6710-1, official meetings or other official appoint­ section V, pages 3-24) ”. ments by the least expensive, convenient D. In § 1068.5-4 Administration:

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 No. 197-----5 21438 RULES AND REGULATIONS 1. Paragraph (a) is revised to read as that may occur as a result must be ab­ travel by Federal employees in Alaska, follows: sorbed within existing grant funds. Hawaii, the Commonwealth of Puerto (a) Applying for funds. Funds to pay Wesley L. H jornevik, Rico, the Canal Zone, and possessions of allowances and reimbursements as de­ Deputy Director. the United States. These rates are pub­ fined in this subpart may be requested lished in the Civilian Personnel Per Diem as part of any community action program [FR Doc.72-17305 Filed 10-10-72:8:47 am] Bulletin. application, or as an amendment to an 5. Paragraph (b) of § 1069.3-7 is re­ existing program, but approval is sub­ codified as § 1069.4-4 and is revised to ject to the availability of funds. PART 1069— COMMUNITY ACTION read as follows: PROGRAM GRANTEE PERSONNEL 2. The second sentence of paragraph § 1069.4—4 Policy. (b) is revised to read “Grantees shall MANAGEMENT obtain from individuals requesting reim­ Although the Standardized Govern­ bursement appropriate documentation of Subpart— Per Diem Rates for OEO m ent Travel Regulations do not apply by actual expenses incurred.” Grantees and Delegate Agencies their terms to OEO grantees or delegate 3. Paragraph (d) is revised to read as (OEO Instruction 6910—2a) agencies, OEO has reached the con­ follows: clusion that the regulations contained (d) Public records. The accounting Part 1069 of Chapter X of Title 45 of therein represent reasonable restrictions records of allowance payments and ex­ the Code of Federal Regulations is and limitations which OEO grantees and pense reimbursements are required to be amended to read as follows: delegate agencies should not exceed. available for public inspection under the 1. Section 1069.3-7 Per diem rates for Grantees and delegate agencies that fol­ rules set forth in Subpart 1070.1 of this OEO grantees and delegate agencies is low the travel policies in the SGTR are chapter. recodified as Subpart 1069.4. authorized to reimburse employees, con­ 2. The table of contents for Subpart sultants, and members of governing or Wesley L. H jornevjk, 1069.4 is as follows: administrative boards up to a maximum Deputy Director. Sec. per diem rate of $25 for official travel [PR Doc.72-17307 Piled 10-10-72:8:47 ami 1069.4- 1 Applicability of this subpart. within the continental United States. 1069.4- 2 Purpose. However, the amount of per diem paid 1069.4- 3 Background. must be based on the average lodging PART 1069— COMMUNITY ACTION 1069.4- 4 Policy. cost per trip (including applicable taxes) PROGRAM GRANTEE PERSONNEL 1069.4- 5 Establishing per diem rates. not to exceed $13, plus a daily allowance MANAGEMENT 1069.4- 6 Computation of per diem. for meals and miscellaneous expenses not 1069.4- 7 Supply of per diem regulations. to exceed $12. If an agency’s own travel Subpart—Travel Regulations for CAP Authority : The provisions of this subpart policies establish a lower maximum per Grantees and Delegate Agencies issued under section 602 (n), 78 Stat. 530; 42 diem rate, or the terms of its grants (OEO Instruction 6910—1) U.S.C. 2942. require a lower rate, the lower maximum 3. Sections 1069.4-1 and 1069.4-2 are applies. The maximum rates adopted by M iscellaneous Amendments amended to read as follows: a grantee or delegate agency for official Subpart 1069.3 of Part 1069 of Chap­ travel outside the continental United ter X of Title 45 of the Code of Federal § 1069.4-1 Applicability of this subpart. States shall be no higher than those pre­ Regulations is amended as follows: This subpart applies to all grant pro­ scribed by the Civilian Personnel Per 1. Section 1069.3-1 is revised to read grams financially assisted under titles Diem Bulletin. as follows: I-D, II, and m - B of the Economic Op­ 6. Paragraph (c) of § 1069.3-7 is re­ portunity Act, as amended, if the assist­ codified as § 1069.4-5 establishing per § 1069.3—1 Applicability of this sub­ ance is administered by the Office of Eco­ diem rates and in the first sentence the part. nomic Opportunity. word “new” is deleted. This subpart applies to all grant pro­ 7. Paragraph (d) of § 1069.3-7 is grams financially assisted under titles § 1069.4—2 Purpose. deleted. I-D, II, and III-B of the Economic Op­ The purpose of this subpart is to estab­ 8. Section 1069.4-6 is added to read as portunity Act, as amended, if the assist­ lish the method for OEO grantees and follows: ance is administered by OEO. delegate agencies to compute per diem. § 1069.4—6 Computation of per diem. 4. Paragraph (a) of § 1069.3-7 is re­ § 1069.3—4 [Amended] codified as § 1069.4-3 and is revised to (a) General. Per diem rates will be 2. The second sentence of subpara­ read as follows. computed partly on the basis of the graph (2) of paragraph (a) of § 1069.3-4 average amount the traveler pays for General travel regulations is revised to § 1069.4-3 Background. lodgings (not to exceed $13), plus a suita­ read as follows: “In no event, however, Public Law 91-114 amended the Stand­ ble allowance (subsistence) for meals and may the rates paid exceed 11 cents a ardized Government Travel Regulations miscellaneous expenses not to exceed $25 m ile.” (SGTR) by increasing the authorized in total (lodging, plus subsistence). The 3. A new § 1069.3-7 is added to read as maximum per diem rate from $16 to $25 resulting amount should be rounded to follows: for travel within the limits of the con­ the next whole dollar, if the result is not tinental United States (the 48 con­ in excess of the maximum per diem. If § 1069.3—7 Effective date. tiguous States and the District of Colum­ the amount (average lodging plus sub­ The increase in the maximum rate of bia). The Office of Management and sistence) is more than the m axim um per reimbursement for travel by privately Budget has prescribed in Circular A-7, diem allowable, the maximum per diem owned automobile may be applied to Standardized Government Travel Regu­ will be the amount allowed. Travelers travel on or after January 20, 1972, for lations, dated August 17, 1971, that all will be required to furnish hotel mid mo­ those grantees and delegate agencies Government agencies shall fix per diem tel receipts for lodging when they re­ whose travel policies provide for using rates partly on the basis of the average quest reimbursement for travel. mileage rates in the Standardized Gov­ amount the traveler pays for lodgings (b) Period of entitlement. The trav­ ernment Travel Regulations. Each and that to this amount a suitable allow­ eler is entitled to per diem from the time grantee and delegate agency must deter­ ance for meals and miscellaneous ex­ he leaves his home or office for official mine whether the new maximum mileage penses shall be added. The total per diem, travel to the time of return to his home rate will apply retroactively for travel however, Transportation Allowance or office at the end of a trip; i.e., portal undertaken between January 20, 1972, Committee, Department of Defense, pre­ to portal. However, when the beginning and April 5, 1972. Increased travel costs scribes the per diem rates for civilian time is within 30 minutes prior to the

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 RULES AND REGULATIONS 21439 end of a quarter day, per diem for such notice of proposed rule making, in which § 393.70(d) (1) of the revised rules—is to quarter day will not be allowed without he announced that he was considering eliminate the possibility of total separa­ a statement with the travel voucher ex­ a revision of § 393.70 of the Motor Car­ tion of the towed unit from the towing plaining the official necessity for such rier Safety Regulations, dealing with unit in the event of a failure of either the departure or arrival. coupling and towing of articulated motor pintle hook or its supporting structure. (c) Method of computation. Per diem vehicles (other than vehicles used in Section 393.71(h) (8) is being amended w ill be computed as follows: driveaway-towaway operations), and an to update the reference to the SAE Example (a). amendment to § 393.71 of the regula­ standard applicable to hitches and cou­ tions, which pertains to coupling devices pling systems used in driveaway-tow­ Time and date Lodging Number of and towing methods for vehicles engaged away operations of passenger car trail­ cost quarters in driveaway-towaway operations, to up­ ers. One person who responded to the date the reference to an SAE standard notice of proposed rule making took the 10:30 a.m., Nov. 1...... — $20 3 (36 P.R. 14477, as corrected, 36 F.R. view that the reference to SAE Recom­ 10:30 a.m., Nov. 2...... 18 4 17513). 10:30 a.m., Nov. 3...... 0) 4 mended Practice J684c would impose un­ 4:46 p.m., Nov. 4------0 3 The major feature of the proposal was necessarily severe requirements upon th e addition of requirements under which motorists who use trailer hitches to tow Total------14 fifth wheel upper and lower half assem­ recreational or utility vehicles. It is clear, blies and full trailer towing devices would however, that the rules now being issued! $38 lodgings^3 night’s travel=$12.60 per night rounded up to a $13 average per night. be certified and marked by their manu­ as well as all of the provisions of the $13 lodging average and $12 (meals and miscellaneous facturers with maximum gross load rat­ Motor Carrier Safety Regulations, apply expenses) =$25 per diem. ings, and commercial motor carriers $25X3^ days=$87.60 total per diem reimbursement for only to commercial interstate or foreign trip. using those assemblies and devices would operations and are inapplicable to recre­ be prohibited from using them to tow ational or other pleasure trips in which Example (b ); loads in excess of the ratings. The ma­ motorists use combination vehicles. The jority of the comments received in re­ imposition of a higher standard for com­ Time and date Lodging Number of sponse to the notice was directed to the mercial operations seems clearly war­ cost quarters practicability of this scheme. Persons ranted in light of the higher usage rates commenting indicated that, while a of commercial driveaway-towaway oper­ 7 p.m., Oct. 4 ..______$12 1 marking system appears to be meritori­ 7 p.m., Oct. 5------11 4 ations and the heavy-duty uses to which 7 p.m., Oct.6__ . ______0 4 ous as a means of conveying information equipment employed in those operations 7 p.m., Oct 7 ...... 13 4 to a driver, the weight of the towed ve­ is subjected. 7 p.m., Oct. 8______13 4 4 p.m., Oct. 9______(!) 3 hicle should not be used as the sole In consideration of the foregoing, Part benchmark for determining the capabil­ Total. ___HflMHB 49 393 of the Motor Carrier Safety Regula­ 20 ities of the coupling system. According to tions (Subchapter HI in Title 49, CFR) these comments, jerk loads, braking-in­ is amended as set forth below. $49 lodgings-f5 nights=$9.80 per night, rounded up to $10 average per night. duced loads, and loads generated during $10 lodging average and $12 (meals and miscellaneous the coupling operations all must be Effective date. These amendments are expenses) =$22 ner diem. considered in determining minimum effective on July 1,1973. $22X5=$110 total per diem reimbursement for the trip.- strength characteristics of a coupling (Sec. 204 of the Interstate Commerce Act, as 1 Free lodging for the night is assumed. system. The respondents suggested that amended, 49 U.S.C. 304, section 6 of the De­ s Lodging costs were not incurred. various portions of SAE Recommended partment of Transportation Act, 49 U.S.C. 9. Paragraph (e) of § 1069.3-7 is re­Practices J700b, J133, and J848a should 1655, and the delegations of authority at 49 codified as § 1069.4-7 and is revised to be considered for adoption as the criteria. CFR 1.48 and 389.4) read as follows: The Director, after considering these Issued on September 30,1972. comments and other available data, has § 1069.4—7 Supply of per diem regula­ R obert A. K aye, tions. concluded that the marking scheme, as Director, proposed, is not practicable at this time. Bureau of Motor Carrier Safety. Copies of the Standardized Govern­ Further research and study must be done ment Travel Regulations are attached to along the lines suggested by the com­ I. Section 393.70 of the Motor Carrier OEO Instruction 6910-2a. Copies of the ments to develop a practicable marking Safety Regulations is revised to read as Civilian Personnel Per Diem Bulletin will requirement that can be safely imple­ follows: be provided to grantees and delegate mented by the motor carrier industry. agencies that travel in these areas upon § 393.70 Coupling devices and towing Accordingly, this aspect of the proposal is methods, except for driveaway-tow­ request to the appropriate Regional not now being implemented. The Bureau away operations. Offices. Headquarters-funded grantees will continue to study this issue. If im­ will receive copies from the funding plementation of a marking requirement (a) Tracking. When two or more ve­ office. is deemed advisable in the future, an­ hicles are operated in combination, the Wesley L. H jornevik, other notice of proposed rule making will coupling devices connecting the vehicles Deputy Director. be issued to permit interested persons to shall be designed, constructed, and in­ (PR Doc.72-17306 Piled 10-10-72; 8:47 am] comment on its contents. stalled, and the vehicles shall be designed The Director is, however, revising and constructed, so that when the com­ § 393.70 in an attempt to restate its pres­ bination is operated in a straight line on Title 49— TRANSPORTATION ent requirements with greater clarity and a level, smooth, paved surface, the path to make some changes to improve safety of the towed vehicle will not deviate more Chapter III— Federal Highway Admin­ in light of comments and other data. Un­ than 3 inches to either side of the path istration, Department of Transpor­ der § 393.70(f) (1) of the current rules, of the vehicle that tows it. tation it is possible for safety chains, or devices (b) Fifth wheel assemblies— (1) having the same purpose as safety chains, Mounting—(i) Lower half. The lower SUBCHAPTER B— MOTOR CARRIER SAFETY to be attached to the pintle hook casting half of a fifth wheel mounted on a truck REGULATIONS or forging of the towing vehicle. The Di­ tractor or converter dolly must be se­ [Docket No. MO-9; Notice 72-17] rector is removing this exemption from, cured to the frame of that vehicle with the general prohibition against attaching properly designed brackets, mounting part 393— PARTS AND ACCESSORIES safety devices in the nature of safety plates or angles and properly tightened NECESSARY FOR SAFE OPERATION chains to the pintle hook or its backup bolts of adequate size and grade, or devices that provide equivalent security. Coupling Devices and Towing support structure, effective with respect to vehicles having pintle hooks (or other The installation shall not cause cracking, Methods tow-bar attachment devices) manufac­ warping, or deformation of the frame. On August 6,1971, the Director of the tured after July 1,1973. The objective of The installation must include a device sureau of Motor Carrier Safety issued a this changed requirement—found in for positively preventing the lower half

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21440 RULES AND REGULATIONS of the fifth wheel from shifting on the vehicle at a place on a pintle hook forg­ of attachment must be on the longitudi­ fram e to which it is attached. ing or casting if that place is independ­ nal centerline of the towing vehicle. A (ii) Upper half. The upper half of aent of the pintle hook. single safety device, other than a fifth wheel must be fastened to the motor (2) The safety device must have no or cable, must also be attached to the vehicle with at least the same security more slack than is necessary to permit towing vehicle at a point on its longitu­ required for the installation of the lower the vehicles to be turned properly. dinal centerline. half on a truck tractor or converter dolly. (3) The safety device, and the means II. Sefction 393.71(h) (8) of the Motor (2) Locking. Every fifth wheel assem­ of attaching it to the vehicles, must have Carrier Safety Regulations is revised to bly must have a locking mechanism. The an ultimate strength of not less than the read as follows: locking mechanism, and any adapter gross weight of the vehicle or vehicles being towed. § 393.71 Coupling devices and lowing used in conjunction with it, must pre­ methods, driveaway-towaway opera­ vent separation of the upper and lower (4) The safety device must be con­ tions. halves of the fifth wheel assembly unless nected to the towed and towing vehicles a positive manual release is activated. and to the tow-bar in a manner which ***** The release may be located so that the prevents the tow-bar from dropping to (h) Requirements for tow-bars. Tow- driver can operate it from the cab. If a the ground in the event it fails or be­ bars shall comply with the following motor vehicle has a fifth wheel designed comes disconnected. requirements: and constructed to be readily separable, (5) Except as provided in subpara­ ***** the fifth wheel locking devices shall ap­ graph (6) of this paragraph, if the safety (8) Passenger car-trailer type cou­ ply automatically on coupling. device consists of safety chains or cables, plings. Trailer couplings used for drive­ (3) Location. The lower half of a fifth the towed vehicle must be equipped with away-towaway operations of passenger wheel shall be located so that, regard­ either two safety chains or cables or with car trailers shall conform to Society of less of the condition of loading, the re­ a bridle arrangement of a single chain Automotive Engineers Standard No. lationship between the kingpin and the or cable attached to its frame or axle at J684c, “Trailer Couplings and Hitches— rear axle or axles of the towing motor two points as far apart as the configura­ Automotive Type,” July 1970.1 vehicle will properly distribute the gross tion of the frame or axle permits. The weight of both the towed and towing safety chains or cables shall be either ***** vehicles on the axles of those vehicles, two separate pieces, each equipped with [PR Doc.72-17316 Piled 10-10-72:8:48 am] will not unduly interfere with the steer­ a hook or other means for attachment ing, braking, and other maneuvering of to the towing vehicle, or a single piece the towing vehicle, and will not other­ leading along each side of the tow-bar wise contribute to unsafe operation of the from the two points of attachment on Title 6— ECONOMIC vehicles comprising the combination. The the towed vehicle and arranged into a upper half of a fifth wheel shall be lo­ bridle with a single means of attach­ ment to be connected to the towing vehi­ STABILIZATION cated so that the weight of the vehicles Chapter III— Price Commission is properly distributed on their axles and cle. When a single length of cable is used, the combination of vehicles wiU operate a thimble and twin-base cable clamps PART 300— PRICE STABILIZATION safely during normal operation. shall be used to form the forward bridle (c) Towing of full trailers. A full eye. The hook or other means of attach­ Institutional Providers of Health Serv­ trailer must be equipped with a tow-bar ment to the towing vehicle shall be se­ ices; Uniform Rates for Nursing Homes cured to the chains or cables in a fixed and a means of attaching the tow-bar The purpose of this amendment is to to the towing and towed vehicles. The position. (6) If the towed vehicle is a converter revise § 300.18 by adding a new para­ tow-bar and the means of attaching it graph (i) which will permit certain in­ must— dolly with a solid tongue and without a hinged tow-bar or other swivel between stitutional health providers to accept in­ (1) Be structurally adequate for the creased state uniform payments for nurs­ weight being drawn; the fifth wheel mounting and the attach­ ment point of the tongue eye or other ing home services. (2) Be properly and securely mounted; Payments to institutional providers of (3) Provide for adequate articulation hitch device— (i) Safety chains or cables, when used health services on behalf of patients un­ at the connection without excessive slack der title XIX of the Social Security Act at that location; and as the safety device for that vehicle, may consist of either two chains or cables or (Medicaid) or similar aid programs are (4) Be provided with a locking device a single chain or cable used alone; set in accordance with State laws and that prevents accidental separation of regulations. Many States reimburse nurs­ the towed and towing vehicles. The (ii) A single safety device, including ing homes for costs incurred by Medicaid mounting of the trailer hitch (pintle a single chain or cable used alone as the patients on a uniform rate basis which hook or equivalent mechanism) on the safety device, must be in line with the may be an amount less than or equal to towing vehicle must include reinforce­ centerline of the trailer tongue; .and cost. In the past year nursing homes have ment or bracing of the frame sufficient (iii) The device may be attached to been inspected to verify that Medicaid’s to produce strength and rigidity of the the converter dolly at any point to the quality standards are being met. As a frame to prevent its undue distortion, rear of the attachment point of the result, about 9 percent of the nursing (d) Safety devices in case of tow-bar tongue eye or other hitch device. homes were decertified, and approxi­ failure or disconnection. Every full trailer (7) Safety devices other than safety mately 70 percent were required to make and every converter dolly used to convert chains or cables must provide strength, improvements. As the States establish a semitrailer to a full trailer must be security of attachment, and directional new uniform rates, those new rates will coupled to the frame, or an extension stability equal to, or greater than, safety reflect the increased costs of conformity of the frame, of the motor vehicle which chains or cables installed in accordance to standards as well as cost increases, _ tows it with one or more safety devices with subparagraphs (5) and (6) of this changes in the proportion of costs paid to prevent the towed vehicle from break­ paragraph. by the uniform rate, and, in some in­ ing loose in the event the tow-bar fails (8) When two safety devices, includ­ stances, cost increases for past years. or becomes disconnected. The safety ing two safety chains or cables, are used The new paragraph (i) of § 300.18 device must meet the following and are attached to the towing vehicle at allows skilled nursing homes, extended requirements: separate points, the points of attach­ care facilities, and intermediate care fa­ (1) The safety device must not be at­ment on the towing vehicle shall be lo­ cilities to increase their prices for health tached to the pintle hook or any other cated equally distant from, and on oppo­ care to Medicaid or other aid recipients device on the towing vehicle to which site sides of, the centerline of the tow­ the tow-bar is attached. However, if the ing vehicle. Where two chains or cables i Copies erf the SAE standard may be ob­ pintle hook or other device was manu­ are attached to the same point on the tained from the Society of Automotive En­ factured prior to July 1,1973, the safety towing vehicle, and where a bridle or a gineers, 2 Pennsylvania Plaza, New York, Nx device may be attached to the towing single chain or cable is used, the point 10001.

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 RULES AND REGULATIONS 21441 when their State has certified the in ­ (Economic Stabilization Act of 1970, as the price to be paid for the purchase of creased uniform rate to the Price Com­ amended, Public Law 90-379t 84 Stat. 799; health services from skilled nursing Public Law 91-558, 84 Stat. 1486; Public Law homes, extended care facilities or inter­ mission and when such a home or facility 92-8, 85 Stat. 13; Public Law 92-15, 85 Stat. has increased no other prices during the 38; Economic Stabilization Act Amendments mediate care facilities— fiscal year. of 1971, Public Law 92-210, 85 Stat. 743; E.O. (i) The former price, the date it was Under this procedure the State would 11640, 37 F.R. 1213, Jan. 27,1972; Cost of Liv­ established, the new price, the percent­ certify through its single State agency ing Council Order No. 4, 36 F.R. 20202, Oct. 16, age increase, and the proposed effective for the administration of title XIX of 1971) date of the new price; the Social Security Act. In the event the In consideration of the foregoing, Part (ii) That the new price is based on State does not have such an agency, the 300 of Title 6 of the Code of Federal uniform rates set by the State, county, Governor may designate the department Regulations is amended as set forth here­ or municipal government; of health or welfare to act as the cer­ in, effective October 6, 1972. (iii) That the increase is cost related; tifier for the State. Prior to certification, (iv) That the increase is necessary to the certifying agent must obtain a cer­ Issued in Washington, D.C., on Octo­ implement and maintain the minimum tificate of compliance from the Price ber 6, 1972. standards of service required by Federal Commission. or State regulations, or both; and The State’s certification must contain C. Jackson Grayson, Jr., (v) That the increase, in the opinion the former price; the date it was estab­ Chairman, Price Commission. of the certifying agent, is not inflation­ lished; the new price; the percentage in­ Section 300.18 is amended by adding ary within the meaning of the Economic crease; the proposed effective date of the the following new paragraph at the end Stabilization Program guidelines. new price; and a statement that the new thereof: [FR Doc.72-17435 Filed 10-6-72;4:46 pmj price to be paid for the purchase of health services from skilled nursing homes, ex­ § 300.18 Institutional providers of tended care facilities, or interm ediate health services. care facilities is based on uniform rates v* * * * * Title 40— PROTECTION set by the State, county or municipal gov­ (i) Uniform rates. (1) Notwithstand­ ernment, is cost related, is necessary to ing any other provision of this section, implement and maintain the minimum a skilled nursing home, extended care OF ENVIRONMENT standards of service required by Federal facility or intermediate care facility may Chapter I— Environmental Protection or State regulations, or both, and is, in charge a price in excess of the base price Agency the opinion of the certifier, not infla­ when the increased price has been cer­ tionary within the meaning of the Eco­ tified to the Price Commission by the PART 115— STATE CERTIFICATION OF nomic Stabilization Program guidelines. certifying agent for the State in which ACTIVITIES REQUIRING A FEDERAL In the event that an institutional pro­ the provider is located and when the pro­ LICENSE OR PERMIT vider has increased the price for services vider has not increased any other price to other than Medicaid or sim ilar aid pro­ during the fiscal year in which this in­ PART 123— STATE CERTIFICATION OF gram recipients during the fiscal year crease becomes effective. If the provider ACTIVITIES REQUIRING A FEDERAL in which the uniform rate increase is has increased any other price, it may in­ LICENSE OR PERMIT effective, paragraph (i) (1) will not apply crease a price subject to this paragraph unless the provider rescinds all price in ­ only if it— Redesignation creases made since the end of the prior (1) Rescinds all price increases made fiscal year and rem its to customers the since the end of the fiscal year immedi­ Pursuant to the provisions of Re­ revernos derived from charging prices in ately preceding the effective date of the organization Plan No. 3 of 1970 (3 CFR excess of the prior year’s prices. increase made under the authority of 1970 Comp., p. 199), Part 115 of Title 40 However, should an institutional pro­ the first sentence of this paragraph; and of the Code of Federal Regulations is vider increase the price for any other (ii) Remits to customers the revenues hereby redesignated as Part 123. This service after charging an increased price derived from those price increases, using redesignation is made to free a block of under the new paragraph (i) for aid re­ the methods prescribed in § 300.54(d) (1) numbers in Title 40 for related regula­ cipients, the requirements of § 300.18 tions of the Division of Oil and Hazard­ (ii). ' ous Materials. These regulations will be (a)-(h) will apply to all of the increased If the provider increases the price for prices. Revenues derived both from price proposed and published at a later date. any other service after charging an in­ No substantive change in the text of increases made subject to paragraph (i) creased price under this paragraph, the and from any other price increase will former Part 115 is made by this order requirements of paragraphs (a)-(h) of except that the internal references are then be included in the calculation of this section will apply to all of the in­ net revenue or profit margins and the creases in price. hereby changed to refer to the new Part limitation on aggregate annual revenues. 123. , In addition, each price increased above (2) The single State agency for the administration of title XIX of the Social Effective date period. Since the change base must be justified by increases in Security Act, as amended July 30, 1965, made by this document is merely an allowable costs. Public Law 89-97, or, in the case of a editorial change, notice of proposed rule Since the purpose of this amendment State without such an agency, the de­ making under 5 U.S.C. 553, is unneces­ is to provide immediate information and partment of health or welfare as desig­ sary. Accordingly, this amendment is guidance with respect to compliance with nated by the Governor of the State, is the certifying agent for the purposes of effective upon publication in the F ederal price stabilization rules, it is hereby this paragraph. Such certifying agent R egister (10-11-72). found that further notice and public pro­ must receive a certificate of compliance Dated: October 2,1972. cedure is impracticable and that good from the Price Commission before it can cause exists for making it effective in less certify an increase price. William D. R uckelshaus, Administrator. than 30 days after publication in the (3) The certifying agent must certify Federal Register. to the Price Commission with respect to [FR Doc.72-17315 Filed 10-10-72;8:47 am]

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21442 Proposed Rule Making

§ 301.6331 Statutory provisions; levy DEPARTMENT OF THE and distraint. DEPARTMENT OF AGRICULTURE Sec. 6331. Levy and distraint * * • (d) Salary and Wages—(1) In general. Agricultural Marketing Service TREASURY Levy may be made under subsection (a) upon Internal Revenue Service the salary or wages of an Individual with re­ E 7 CFR Part 982 3 spect to any unpaid tax only after the Sec­ E 26 CFR Part 301 ] retary or his delegate has notified such in­ FILBERTS GROWN IN OREGON AND dividual in writing of his intention to make WASHINGTON LEVIES ON SALARIES AND WAGES such levy. Such notice shall be given in per­ son, left at the dwelling or usual place of Proposed Expenses of the Filbert Con­ Notice of Proposed Rule Making business of such individual, or shall be sent trol Board and Rate of Assessment by mail to such individual’s last known Notice is hereby given that the regula­ address, no less than 10 days before the day for 1972-73 Fiscal Year tions set forth in tentative form below of levy. No additional notice shall be required are proposed to be prescribed by the in the case of successive levies with respect Notice is hereby given of a proposal Commissioner of Internal Revenue, with to such tax. regarding expenses of the Filbert Control the approval of the Secretary of the (2) Jeopardy. Paragraph (1) shall notBoard for the 1972-73 fiscal year and Treasury or his delegate. Prior to the apply to a levy if the Secretary or his dele­ rate of assessm ent for that fiscal year, final adoption of such regulations, con­ gate has made a finding under the last sen­ pursuant to §§ 982.60 and 982.61 of the sideration will be given to any comments tence of subsection (a) that the collection marketing agreement, as amended, and of tax is in Jeopardy. Order No. 982, as amended (7 CFR Part or suggestions pertaining thereto which (e) Cross references. (1) For provisions are submitted in writing (preferably six relating to Jeopardy, see Subchapter A of 982; 37 F.R. 588), regulating the han­ copies) to the Commissioner of Internal Chapter 70. dling of filberts grown in Oregon and Revenue, Attention: CC:LR:T, Wash­ (2) For proceedings applicable to sale of Washington. The marketing agreement ington, D.C. 20224, by November 13,1972. seized property, see section 6335. and order are effective under the Agri­ cultural Marketing Agreement Act of Any written comments or suggestions [Section 6331 as amended by sec. 104 (a), not specifically designated as confiden­ Federal Tax Lien Act 1966 (80 Stat. 1135); 1937, as amended (7 U.S.C. 601-674). tial in accordance with 26 CFR 601.601 sec. 211 (a) Revenue Act 1971 (85 Stat. 520) ] The Board has recommended for the (b) may be inspected by any person upon 1972-73 fiscal year beginning August 1, written request. Any person submitting P ar. 2. Section 301.6331-1 is amended 1972, a budget of expenses in the total written comments or suggestions who de­ by adding at the end thereof the follow­ am ount of $34,459. Based on the volume sires an opportunity to comment orally ing new paragraph: of filberts estimated to be subject to this at a public hearing on these proposed § 301.6331—1 Levy and distraint. regulatory program during the 1972-73 regulations should submit his request, in ***** fiscal year, an assessment rate of 0.20 writing, to the Commissioner by Novem­ cent per pound of assessable filberts is ber 13, 1972. In such case, a public hear­ (c) Notice of intent to levy on salaryexpected to provide sufficient funds to ing will be held, and notice of the time, or wages— (1) In general. Levy may be meet the estimated expenses of the place, and date will be published in a made under this section upon the salary Board. subsequent issue of the F ederal R egister or wages of an individual with respect to any unpaid tax only after the district Consideration will be given to any unless the person or persons who have re­ w ritten data, views, or arguments per­ quested a hearing withdraw their re­ director or the director of the service center has notified such individual in taining to the proposal which are re­ quests for a hearing before notice of the ceived by the Hearing Clerk, U.S. De­ hearing has been filed with the Office of writing of his intention to make such levy. Such notice shall be given in per­ partment of Agriculture, Room 112, Ad­ the Federal Register. The proposed regu­ ministration Building, Washington, D.C. lations are to be issued under the author­ son, left at the dwelling or usual place of business of such individual, or shall be 20250, not later than October 18, 1972. ity contained in sections 6331(d) and All written submissions made pursuant 7805 of the Internal Revenue Code of sent by mail to such individual’s last known address, no less than 10 days be­ to this notice should be in quadruplicate 1954 (85 Stat. 520, 26 U.S.C. 6331(d); 68A and w ill be made available for public Stat. 917, 26 U.S.C. 7805). fore the day of levy. If a notice has been given under this paragraph with respect inspection at the office of the Hearing [seal] J ohnnie M. Walters, to an unpaid tax, no further notice is Clerk during regular business hours (7 Commissioner of Internal Revenue. required in the case of successive levies CFR 1.27(b)). The proposal is as follows: In order to provide regulations under with respect to such unpaid tax. The section 6331(d) of the Internal Revenue notice required to be given under this § 982.317 Expenses of the Filbert Con­ Code of 1954 as added by section 211 of paragraph is in addition to, and may be trol Board and rate of assessment for the Revenue Act of 1971 (85 Stat. 520), given at the same time as, the notice the 1972—73 fiscal year. the Regulations on Procedure and Ad­ and demand described in § 301.6303-1. (a) Expenses. Expenses in the amount ministration (26 CFR Part 301) are (2) Jeopardy. Subparagraph (1) of of $34,459 are reasonable and likely to amended as follows: this paragraph shall not apply to a levy be incurred by the Filbert Control Board if the district director or director of the P aragraph. 1. Section 301.6331-1 is during the fiscal year beginning Au­ service center has made a finding under gust 1, 1972, for its m aintenance and amended by redesignating subsection paragraph (a) (2) of this section that the functioning and for such purposes as (d) as (e), by adding a new subsection collection of tax is in jeopardy. the Secretary may, pursuant to the (d) immediately after subsection (c), (3) Effective date. This paragraph provisions of this part, determine to be and by revising the historical note. As shall apply with respect to levies made appropriate. amended, these redesignated, added, and after March 31,1972. (b) Rate of assessment. The rate of revised provisions read as follows: [FR Doc.72-17386 Filed 10-10-72; 8:52 am] assessment for said fiscal year, payable by

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 PROPOSED RULE MAKING 21443 “Farm acreage allotment” for a each handler in accordance with § 982.61, Oregon- is fixed at 0.20 cent per pound of filberts. California Washing ton tobacco farm, other than a new tobacco farm, means the acreage allotment deter­ Dated: October 5, 1972. mined by adjusting uniformly the acre­ D istrict 1 D istrict S P aul A. N icholson, Marketable percentages... 82 91 age allotment established for such farm Deputy Director, Fruit and Surplus percentages...... 18 9 for the immediately preceding year, prior Vegetable Division, Agricul­ to any increase or decrease in such allot­ tural Marketing Service. Dated: October 5,1972. ment due to undermarketings or over- marketings and prior to any reduction [PR DOC.72-17342 Piled 10-10-72;8:49 am] P aul A. Nicholson, for violations, so that the total of all Deputy Director, Fruit and Veg­ allotments is equal to the national acre­ etable Division, Agricultural age allotment less the reserve provided in [ 7 CFR Part 984 1 Marketing Service. subsection (e) of this section with a fur­ WALNUTS GROWN IN CALIFORNIA, [PR Doc.72-17343 Filed 10-^10-72;8:49 am] ther downward or upward adjustment to OREGON, AND WASHINGTON reflect any adjustment in the farm mar­ keting quota for overmarketing or un­ Proposed Marketing Control Percent­ Agricultural Stabilization and Conser­ dermarketing and to reflect any reduc­ ages for 1972-73 Marketing Year vation Service (Agricultural Adjust­ tion for violations, and including any ment) adjustment for errors or inequities from Notice is hereby given of a proposal the reserve. to establish marketable and surplus con­ [ 7 CFR Part 725 ] A national yield factor shall be ob­ trol percentages for walnuts for the tained by dividing the national average 1972-73 marketing year. The year began FLUE-CURED TOBACCO yield goal by a weighted national average August 1,1972. The proposed percentages yield computed by multiplying the would be established in accordance with Determinations on Marketing Quotas for the 1973—74 Marketing Year preliminary farm yield for each farm by the provisions of the marketing agree­ the acreage allotment determined for the ment, as amended, and Order No. 984, as Pursuant to the Agricultural Adjust­ farm prior to adjustments for overmar- amended (7 CFR Part 984), regulating ment Act of 1938, as amended (7 U.S.C. keting, undermarketing, or reductions the handling of walnuts grown in Cali­ 1281 et seq., hereinafter referred to as required for violations and dividing the fornia, Oregon, and Washington. The the “Act”), the Secretary under section sum of the products by the national acre­ amended agreement and order are effec­ 317 is preparing to determine and an­ age allotment. tive under the Agricultural Marketing nounce for flue-cured tobacco for the Section 317(d) of the Act requires the Agreement Act of 1937, as amended (7 1973-74 marketing year, (a) the amount Secretary to determine and announce U.S.C. 601-674). of the national marketing quota, (b) the the national marketing quota, national The proopsed marketable and surplus national average yield goal, (c) the na­ acreage allotment, and national aver­ percentages are as follows: California tional acreage allotment, (d) the reserve age yield goal for the 1973-74 marketing (District 1), 82 percent and 18 percent, acreage for making corrections in farm year for Flue-cured tobacco not later respectively; and Oregon and Washing­ acreage allotments, adjusting inequities, than December 1,1972. ton (District 2 ), 91 percent and 9 percent, and for establishing allotments for new Section 317(e) provides in part that respectively. These percentages were rec­ farms, (e) the national acreage factor, for each marketing year for which acre­ ommended by the W alnut Control Board and (f) the national yield factor. Flue- age-poundage quotas are in effect the and are based on estimates of supply, cured tobacco fanners approved market­ Secretary in his discretion may establish and inshell and shelled trade demands ing quotas on an acreage-poundage basis a reserve from the national acreage allot­ adjusted for handler carryover, for the for the 1971-72, 1972-73, and 1973-74 ment in an amount equivalent to not 1972-73 marketing year. marketing years (35 F.R. 13076). more than 1 percent of the national The total 1972-73 supply subject to Section 317(a) of the Act provides the acreage allotment to be available for regulation is estimated to be 123.3 mil­ following definitions: making corrections of errors in farm lion kem elweight pounds. Inshell and “National marketing quota” means the acreage allotments, adjusting inequities, shelled trade demands adjusted for han­ amount of a kind of tobacco produced in and for establishing acreage allotments dler carryover are estimated at 28.6 and the United States which the Secretary for new farms, which are farms on which 72.5 million kernelweight pounds, re­ estimates will be utilized in the United tobacco was not produced or considered spectively. The trade demand area in­ States and will be exported during the produced during the immediately preced­ cludes the United States, Puerto Rico, marketing year, adjusted upward or ing 5 years. and the Canal Zone. downward in such amount as the Secre­ Section 317(g) provides, in part, that if Consideration will be given to any writ­ tary, in his discretion, determines is the Secretary, in his descretion, deter­ ten data, views, or arguments pertaining desirable for the purpose of maintaining mines it is desirable to encourage the to the proposal which are received by the an adequate supply or for effecting an marketing of grade N* tobacco, or any Rearing Clerk, U.S. Department of Agri­ orderly reduction of supplies to the re­ grade of tobacco not eligible for price culture, Room 112, Administration Build­ serve supply level. Any such downward support, in order to meet the normal de­ ing, Washington, D.C. 20250, not later adjustment shall not exceed 15 percent mands of export and domestic markets, than October 20, 1972. All written sub­ of such estimated utilization and exports. he may authorize the marketing of such missions made pursuant to this notice “National average yield goal” means tobacco without the payment of penalty should be in quadruplicate and w ill be the yield per acre which on a national or deduction from subsequent quotas to made available for public inspection at average basis the Secretary determines the extent of 5 percent of the farm mar­ the office of the Hearing Clerk diming will improve or insure the usability of the keting quota for the farm on which the regular business hours (7 CFR 1.27(b) ). tobacco and increase the net return per tobacco was produced. The proposal is as follows: pound to the growers. In making this The Act (7 U.S.C. 1301(b)) defines the determination the Secretary shall give “reserve supply level” as the normal sup­ § 984.219 Marketable and surplus per­ consideration to such Federal-State pro­ ply plus 5 percent thereof. “Normal sup­ centages for walnuts during the duction research data as he deems ply” is defined as a normal year’s do­ 1972—73 marketing year. relevant. mestic consumption and exports, plus 175 The marketable and surplus per­ “National acreage allotment” means percent of a normal year’s domestic con­ centages during the marketing year the acreage determined by dividing the sumption and 65 percent of a normal beginning August 1, 1972, shall be as national marketing quota by the national year’s exports. A “normal year’s domestic follows: average yield goal. consumption” is defined as the yearly

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1971 21444 PROPOSED RULE MAKING average quantity produced in the United Animal and Plant Health Inspection nection with the above proposal should States and consumed in the United Service file the same with the Deputy Admin­ States during the 10 marketing years im­ istrator, Plant Protection and Quaran­ mediately preceding the marketing year 17 CFR Part 3 1 9 ] tine Programs, Animal and Plant Health in which such consumption is deter­ UNSHU ORANGES FROM JAPAN Inspection Service, U.S. Department of mined, adjusted for current trends in Agriculture, Washington, D.C. 20250 not such consumption. A “normal year’s ex­ Proposed Deletion of Marking later than October 25, 1972. All writ­ ports” is defined as the yearly average Requirement ten submissions made pursuant to this quantity produced in the United States notice will be made available for public which was exported from the United Notice is hereby given under the ad­ inspection at times and places and in a States during the 10 marketing years ministrative procedure provisions of 5 manner convenient to the public busi­ immediately preceding the marketing U.S.C; 553 that a proposal has been ness (7 CFR 1.27(b)). year in which such exports are deter­ made to the U.S. Department of Agri­ mined, adjusted for current trends in culture to amend Notice of Quarantine Done at Washington, D.C., this 5th dav such exports. 28 (7 CFR 319.28, as amended, 37 F.R. of October 1972. The subjects and issues involved in the 7481), relating to the importation of G. H. W ise, proposed determinations are: citrus fruit (Unshu oranges) pursuant to Acting Administrator, (1) The amount of the reserve supply the Plant Quarantine Act (7 U.S.C. 151 Animal and Plant Health level. et seq.) by deleting the first sentence of Inspection Service. (2) The amount of the national mar­ paragraph (b) (4) (i) thereof. [FR Doc.72-17294 Filed 10-10-72;8:46 am] keting quota on an acreage-poundage (Sec. 9, 37 Stat. 318; 7 U.S.C. 162; 29 F.R. basis. 16210, as amended; 37 F.R. 6327, 6505) (3) The amount of the national aver­ age yield goal. The effect of this amendment would (4) The amount of the national acre­ be to delete the marking requirement on DEPARTMENT OF age allotment. each individual orange to show the coun­ (5) The amount of acreage to be try of origin. reserved from the national acreage allot­ On June 2, 1967, there was published TRANSPORTATION ment for making corrections in farm in the F ederal R egister (32 F.R. 7958) acreage allotments, adjusting inequities, a revision of Quarantine 319.28 which Federal Aviation Administration and for establishing acreage allotments permitted the importation of Unshu [ 14 CFR Part 39 ] for new farms. oranges from Japan into specific areas [Docket No. 12292] (6) The national acreage factor. of the United States. A number of safe­ (7) Whether the Secretary should im­ guards were specified in the quarantine ROLLS ROYCE DART MODEL 542 plement the provision in section 317(g) to prevent the introduction of citrus SERIES ENGINES relating to N2 or other grades of tobacco canker. One such safeguard was the not eligible for price support. marking of each individual fruit to show Proposed Airworthiness Directives The national yield factor is not con­ the country of origin. Following the ad­ The Federal Aviation Administration sidered an issue in this determination mission of Unshu oranges in 1967 and is considering amending Part 39 of the because it varies directly with the na­ during the past 5 years, the importer has Federal Aviation Regulations by adding tional average yield goal and the national experienced considerable hardship in an airworthiness directive applicable to average yield. meeting this requirement. Due to the odd Rolls Royce Dart Model 542 Series en­ The community average yields, as com­ shape of the Unshu orange, stamping gines. There have been reports of engine puted in 1965 (30 P.R. 6207, 9875, 14487), cannot be done by machine and conse­ mounting feet cracks, loose studs and will be used for the 1973-74 marketing quently each orange must be hand nuts on the engine mounting feet, and year. fracture of engine mounting feet studs Consideration will be given to data, stamped. The principal method of maintaining on Rolls Royce Dart Model 542 Series views, and recommendations pertaining engines that could result in excessive to the proposed determinations, rules, the identity of the Unshu oranges, under vibration and loss of retention of the and regulations covered by this notice present regulations, is by stamping or engine from its mounts. Since this con­ which are submitted in writing to the printing a statement on the individual dition is likely to exist or develop in other Director, Tobacco Division, Agricultural fruit wrapper and also on each box spec­ engines of the same type design, the Stabilization and Conservation Service, proposed airworthiness directive would U.S. Department of Agriculture, Wash­ ifying the States into which the Unshu oranges may be imported and from require inspection of the engine mount­ ington, D.C. 20250. All written submis­ ing feet for cracks and loose nuts, and sions made pursuant to this notice will which they are prohibited removal. In­ the engine mounting feet studs for frac­ be made available for public inspection formation made available by the present ture and looseness, and repair, if nec­ from 8:15 a.m. to 4:45 p.m. Monday importer of the Unshu orange shows that essary, on Rolls Royce Dart Model 542 through Friday, in Room 3741, South 100 percent of the fruit was marketed Series engines. Building, 14th and Independence Ave­ and retailed exclusively by the box dur­ Interested persons are invited to par­ nue SW., Washington, D.C. All submis­ ing the 1970 and 1971 seasons. It is an­ ticipate in the making of the proposed sions must, in order to be sure of con­ ticipated that marketing by the box will rule by submitting such written data, views, or arguments, as they may desire. sideration, be postmarked not later than continue for future sales. It appears that Communications should identify the 30 days from the date of publication of the deletion of the individual fruit mark­ docket number and be submitted in du­ this notice in the F ederal R egister. ing requirement will not affect the de­ plicate to the Federal Aviation Adminis­ Signed at Washington, D.C., on Octo­ gree of pest risk of introducing citrus tration, Office of the General Counsel, ber 6,1972. canker into the United States nor pre­ Attention: Rules Docket, AGC-24, 800 Independence Avenue SW., Washington, enneth rick vent the effective enforcement of the re­ K E. F , DC 20591. All communications received Administrator, Agricultural strictions on interstate distribution of on or before November 10, 1972, will be Stabilization and Conserva­ the fruit within the United States. tion Service. considered by the Administrator before All persons who desire to submit writ­ taking action upon the proposed rule. [FR Doc.72-17437 Filed 10-10-72;9:45 am] ten data, views, or arguments in con­ The proposals contained in this notice

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 PROPOSED RULE MAKING 21445 may be changed in the light of com­ the Exchange Act; Forms 10-K (17 CFR possible to do so and to make public sup­ ments received. All comments will be 249.310) and 12-K (17 CFR 249.312), plemental data at the time of filing. available, both before and after tjie clos­ which are used for annual reports pursu­ Item 10 of Form 8-K would be ing date for comments, in the Rules ant to those sections of the Exchange amended to require disclosures specifi­ Docket for examination by interested Act; Forms S-l (17 CFR 239.11), S-7 cally for extraordinary item charges and persons. (17 CFR 239.26), S-8 (17 CFR 239.16b), credits and material provisions for loss, In consideration of the foregoing, it S-9 (17 CFR 239.22), and S -ll (17 CFR in addition to the categories presently is proposed to amend § 39.13 of Part 39 239.18), which are used for registration included therein, by revisions in the title of the Federal Aviation Regulations by of securities under the Securities Act of and in paragraph (a). The phrase “re­ adding the following new airworthiness 1933; and Forms 10 (17 CFR 249.210) valuation of assets” would be eliminated directive: and 12 (17 CFR 249.212), which are used from the title since it is only one of sev­ for registration of securities under the eral kinds of extraordinary items in­ Bolls Royce (1971) Ltd. Applies to Rolls Royce Dart Engine Models 542-4, 542-4K, Exchange Act. cluded in the item. 542-10, 542-10J; and 542-10K. These en­ The Commission has observed an in­ Paragraph (a) of Item 10 would be gines are installed on, but not neces­ creasing number of large charges to in­ expanded to require (1) a detailed de­ sarily limited to, Convair Model 340/ come which have come as a surprise to scription of the various components of 440 (commonly known as Convair 600/ investors and which have called into such charges or credits; (2) disclosure of 640) which have the subject engines question the adequacy of prior years’ provisions for current or subsequent year installed as a result of modification, and financial statements. Some of these losses; (3) a pro forma statement of NAMC YS—11 airplanes. operations for applicable prior periods Compliance is required as indicated. charges have been of a size and nature To detect engine mounting foot cracks, such that it might be expected that they showing the nature of all adjustments and engine mounting foot stud fractures, could have been foreseen by the entity relating to the charge; (4) a detailed looseness, and loose nuts, accomplish the involved. In this connection, registrants statement, where future losses are pro­ following: are urged to make special efforts to rec­ vided for, supporting the estimates of (a) Within the next 200 hours’ time in ognize incipient problems which might the loss and showing the quarterly pe­ service after the effective date of this AD, lead to these types of charges and to riods in which it is estimated the loss unless already accomplished within the last identify them clearly at the earliest pos­ and the cash outflow (if different) will 200 hours’ time in service prior to the effec­ be incurred; and (5) a report from the tive date of this AD, and thereafter at in­ sible time in financial statements and tervals not to exceed 400 hours’ time in serv­ other forms of public disclosure, includ­ registrant’s independent accountants at­ ice from the last inspection, inspect the ing public reports filed with the Commis­ testing whether the factual data pre­ engine mounting feet for cracks and the sion, so that investors may recognize the sented pertaining to the charge are mounting feet studs for fracture, looseness, risks involved. In this connection, regis­ fairly stated and whether the transac­ and loose nuts, in accordance with Rolls trants may consider disclosure of the tion has been presented properly. Royce Service Bulletin DA. 72-384 dated Au­ investment involved in divisions operat­ New instructions would be added to gust 24,1971, or an FAA-approved eauivalent. ing at a loss and subject to discontinu­ pertinent items of Forms 7-Q, 10-Q, (b) If any engine mounting feet are found 10-K, 12-K, S-l, S-7, S-8, S-9, S -ll, 10, cracked or any engine mounting feet studs ance, the undepreciated cost of plant and equipment currently considered to and 12 to require, for any transaction are found to have loose nuts, or to be loose previously reported pursuant to Item or fractured during an inspection required be obsolete or of marginal utility, the by paragraph (a ), before further flight, re­ extent of research and development costs 10(a) of Form 8-K, a statement of the pair in accordance with Rolls Royce Service incurred in connection with products estimated and the actual loss for the Bulletin DA. 72-384 dated August 24, 1971, whose success is not reasonably assured period and a reconciliation of all charges or an FAA-approved equivalent. and other similar items where signifi­ and credits to any reserve provided, and (excepting Forms 7-Q and 10-Q) pro This amendment is proposed under the cant uncertainties exist as to realization. The Commission has previously urged forma statements of net income reflect­ authority of sections 313(a), 601, and 603 ing adjustments for the charge. of the Federal Aviation Act of 195JJ (49 more comprehensive disclosure of prog­ ress and problems encountered in de­ Commission action. The Commission U.S.C. 1354(a), 1421, and 1423), and of proposes to amend certain items and section 6(c) of the Department of Trans­ fense and other long-term contracts instructions of various sections of Parts portation Act (49 U.S.C. 1655(c)). which may also give rise to major charges against income (Securities Act 239 and 249 of Chapter II of Title 17 of Issued in Washington, D.C., on Octo­ Release No. 5263 dated June 22, 1972 the Code of Federal Regulations, and as ber 4,1972. (37 F.R. 21464)) and has urged greater so amended they would read as follows: J ames F. R udolph, diligence in the release of information I. Form 8-K (17 CFR 249.308) Director, Flight Standards Service. on quarterly and other interim reports The caption of Item 10 would be [FR Doc.72-17279 Filed 10-10-72:8:45 am] of operations (Securities Exchange Act amended and paragraph (a) would be Release No. 9559 dated April 5, 1972 (37 amended as follows: F.R. 21465)). I tem 10. Extraordinary Item Charges and The Commission is concerned that in­ Credits, Other Material Charges and Credits to Income of an Unusual Nature, Material SECURITIES AND EXCHANGE vestors may be misled as a result of such Provisions for Loss, and Restatement of Capi­ charges and the lack of information re­ tal Share Account. COMMISSION garding their possible impact on prior or (a) If there have been any extraordinary future years’ earnings, and, accordingly, item charges or credits, any other material 117 CFR Parts 239, 249 1 it is proposing certain changes in the charges or credits to income of an unusual [Release Nos. 33-5313, 34-9801] above forms to require increased dis­ nature, or any material provisions for loss, closure regarding the charges and to re­ the following shall be furnished for each FORMS charge (or credit) : quire timely review of them by the com­ (1) The date of the registrant’s determi­ Notice of Proposed Rule Making pany’s independent accountants. It is nation to make such charge (or credit) and considered that the increased disclosure the reasons therefor. Notice is hereby given that the Secu­ will enable the investing public to better (2) Identification of the accounts affected, rities and Exchange Commission has un­ together with— der consideration certain proposed evaluate the charges, once recorded, in (i) A description of the various types of amendments to Form 8-K (17 CFR 249.- the context of prior and future years’ assets written down or off, 308), which is used for reporting certain operations. These requirements cover (ii) Provisions for losses on liquidation of assets, for current year operating losses, specified events under sections 13 and 15 data to be supplied in filings with the and for subsequent year losses, (d) of the Securities Exchange Act of Commission. In addition, registrants are (iii) Explanation of any credits, 1034 (Exchange Act); Forms 7-Q (17 urged to make timely and adequate pub­ (iv) A description of any change in ac­ CFR 249.307a) and 10-Q (17 CFR 249.- lic disclosure of charges and credits of counting principles or practices or in the 308a), which are used for quarterly re­ methods of applying such principles or prac­ porting of summarized financial in ­ the type outlined herein prior to the tices which was made in connection with formation pursuant to those sections of filings with the Commission where it is the transaction.

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 No. 197——6 21446 PROPOSED RULE MAKING

(3) Pro forma statements of operations for charge (or credit) to these prior periods on years and for any interim period in the cur­ the past 5 fiscal years (and for any interim the basis of the facts at the date of filing. rent year reflecting the allocation of the period in the current year and the compara­ In this statement, accumulated research and charge (or credit) to these prior periods on ble period of the prior year) reflecting the development costs shall be allocated to the the basis of the facts at the date of filing. allocation of the charge (or credit) to these year of Incurrence when the charge involves In this statement, accumulated research prior periods on the basis of the facts at the a writeoff of such costs, and depreciation and development costs shall be allocated to date of filing. In this statement, accumulated charges shall be revised to reflect adjusted the year of incurrence when the charge in­ research and development costs shall be allo­ asset lives when fixed assets are written volves a writeoff of such costs, and deprecia­ cated to the year of incurrence when the down or off in the transaction being reported. tion charges shall be revised to reflect ad­ charge involves a writeoff of such costs, and justed asset lives when fixed assets are writ­ depreciation charges shall be revised to re­ V. Form 12-K (17 CFR 249.312). ten down or off in the transaction being flect adjusted asset lives when fixed assets A new instruction 6 would be added to reported. are written down or off in the transaction the instructions as to exhibits, as follows: being reported. van. Form S-8 (17 CFR 239.16b). (4) Where future losses are provided for, 6. For any transaction which was re­ Instruction 4 of Item 19, Summary of a detailed statement supporting the estimate quired to be reported pursuant to Item Earnings, would be changed to No. 5 and of the loss including information regarding 10(a) of Form 8-K, which shall be cross- a new instruction 4 would be added, as any administrative or fixed costs allocated referenced hereto, (i) state the amount of follows: to the loss. This statement shall also show loss which was estimated therein to be ap­ the quarters in which it is estimated that plicable to the period being reported on and 4. For any transaction which was required the loss and the cash outflow (if different the amount of the actual loss incurred in to be reported pursuant to Item 10(a) of from the loss) will be incurred. such period, and provide a detailed recon­ Form 8-K, which shall be cross-referenced (5) A report from the registrant’s inde­ ciliation showing all charges and credits to hereto, (i) state the amount of loss which pendent accountants in which they state any reserve provided; and (ii) furnish pro was estimated therein to be applicable to that they have examined the documentation forma statements of operations for the past 5 the periods being reported on and the underlying the transaction being reported, fiscal years and for any interim period in the amount of the actual loss incurred in such whether the facts presented are fairly stated, current year reflecting the allocation of the periods, and provide a detailed reconcilia­ and whether the transaction (both actual charge (or credit) to these prior periods on tion showing all charges and credits to any and forma) has been presented properly. the basis of the facts at the date of filing. reserve provided; and (ii) furnish pro forma In this statement, accumulated research and statements of operations for the past 5 fiscal Note : For purposes of this paragraph, any development costs shall be allocated to the years and for any interim period in the item giving rise to a charge or credit to year of incurrence when the charge involves current year reflecting the allocation of the income which is (or is expected to be) set a writeoff of such costs, and depreciation charge (or credit) to these prior periods on forth separately in the statement of opera­ charges shall be revised to reflect adjusted the basis of the facts at the date of filing. tions or which is (or is expected to be) men­ asset lives when fixed assets are written In this statement, accumulated research and tioned in a communication to stockholders down or off in the transaction being reported. development costs shall be allocated to the (such as a quarterly report or a president’s year of incurrence when the charge involves message) or which is the subject of a press VI. Form S -l (17 CFR 239.11). a writeoff of such costs, and depreciation release or is material by any other normal A new instruction 7 would be added to charges shall be revised to reflect adjusted or usual test shall be deemed to be material. Item 6, Summary of Operations, as fol­ asset lives when fixed assets are written n . Form 7-Q (17 CFR 249.307a). lows: down or off in the transaction beinp reported. A new instruction (k) would be added 7. For any transaction which was required IX. Form S-9 (17 CFR 239.22). to General Instruction H, as follows: to be reported pursuant to item (10(a) of Instruction 6 to part (a) of Item 3, (k) For any transaction which was re­ Form 8-K, which shall be cross-referenced Statements of Income, would be changed quired to be reported pursuant to Item hereto, (i) state the amount of loss which to No. 7 and a new instruction 6 would 10(a) of Form 8-K, which shall be cross- was estimated therein to be applicable to be added, as follows: referenced hereto, state the amount of loss the periods being reported on and the which was estimated therein to be applicable amount of the actual loss incurred in such 6. For any transaction which was required to the quarterly period being reported on periods, and provide a detailed reconciliation to be reported pursuant to Item 10(a) of and the comparable quarter of the prior showing all charges and credits to any re­ Form 8-K, which shall be cross-referenced years, if applicable, and the amount of the serve provided; and (ii) furnish pro forma hereto, (i) state the amount of loss which actual loss incurred in such quarters, and statements of operations for the past 5 was estimated therein to be applicable to provide a detailed reconciliation showing all fiscal years and for any interim period in the the periods being reported on and the amount charges and credits to any reserve provided. current year reflecting the allocation of the of the actual loss incurred in such periods, charge (or credit) to these prior periods on and provide a detailed reconciliation show­ m . Form 10-Q (17 CFR 249.308a). the basis of the facts at the date of filing. ing all charges and credits to any reserve A new instruction (l) would be added In this statement, accumulated research and provided; and (ii) furnish pro forma state­ development costs shall be allocated to the ments of operations for the past 5 fiscal years to General Instruction H, as follows: year of incurrence when the charge involves and for any interim period in the current (Î) For any transaction which was re­ a writeoff of such costs, and depreciation year reflecting the allocation of the charge quired to be reported pursuant to Item charges shall be revised to reflect adjusted (or credit) to these prior periods on the basis 10(a) of Form 8-K, which shall be cross- asset lives when fixed assets are written down of the facts at the date of filing. In this referenced hereto, state the amount of loss or off in the transaction being reported. If statement, accumulated research and devel­ which was estimated therein to be applicable the issuer was not a registrant of the Com­ opment costs shall be allocated to the year to the quarterly period being reported on mission prior to the filing of this regis­ of incurrence when the charge involves a and the comparable quarter of the prior tration statement, this instruction shall writeoff of such costs, and depreciation year, if applicable, and the amount of the apply to any transaction which would have charges shall be revised to reflect adjusted actual loss incurred in such quarters, and been required to be reported pursuant to asset lives when fixed assets are written down provide a detailed reconciliation showing all Item 10(a) of Form 8-K had the issuer been or off in the transaction being reported. charges and credits to any reserve provided. a registrant. X. Form S -ll (17 CFR 239.18). IV. Form 10-K (17 CFR 249.310). v n . Form S-7 (17 CFR 239.26). A new instruction 7 would be added A new instruction (6) would be added Instruction 8 of Item 6, Statements of to part (a) of Item 6, Summary of Fi­ to the instructions to Item 2, Summary Income, would be changed to number 9 nancial Data, as follows: of Operations, as follows: and a new instruction 8 would be added, 7. For any transaction which was required (6) For any transaction which was re­ as follows: to be reported pursuant to Item 10(a) of quired to be reported pursuant to Item Form 8-K, which shall be cross-referenced 10(a) of Form 8-K, which shall be cross- 8. For any transaction which was required hereto, (i) state the amount of loss which referenced hereto, (i) state the amount of to be reported pursuant to Item 10(a) of was estimated therein to be applicable to the loss which was estimated therein to be ap­ Form 8-K, which shall be cross-referenced periods being reported on and the amount plicable to the period being reported on and hereto, (1) state the amount of loss which of the actual loss incurred in such periods, the amount of the actual loss incurred in was estimated therein to be applicable to and provide a detailed reconciliation show­ such period, and provide a detailed recon­ the periods being reported on and the ing aU charges and credits to any reserve ciliation showing all charges and credits to amount of the actual loss incurred in such provided; and (ii) furnish pro forma state­ any reserve provided; and (ii) furnish pro periods, and provide a detailed reconciliation ments of operations for the past 5 fiscal years forma statements of operations for the past 5 showing all charges and credits to any re­ and for any interim period in the ourrent fiscal years and for any interim period in the serve provided; and (ii) furnish pro forma year reflecting the allocation of the charge current year reflecting the allocation of the statements of operations for the past 5 fiscal (or credit) to these prior periods on the basis

FEDERAL REGISTER, V O L 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 PROPOSED RULE MAKING 21447 of the facts at the date oi filing. In this state­ ties Exchange Act of 1934. All interested observers to make their views known on ment accumulated research and develop­ persons are invited to submit their views this important matter, and the Commis­ m ent’costs shall be allocated to the year of and comments on the proposed amend­ sion has determined that the grant of incurrence when the charge involves a write­ ments, in writing, to the Chief Account­ such an extension is in the public off of such costs, and depreciation charges ant, Securities and Exchange Commis­ interest. be revised to reflect adjusted asset lives sion, Washington, D.C. 20549, on or be­ Supplementary written comments. In when fixed assets are written down or off in order to permit the fullest exposition of the transaction being reported. If the is­ fore November 17, 1972. All such com­ suer was not a registrant of the Commis­ munications should refer to File No. views, and to consider carefully the views sion prior to the filing of this registration S7-455, and they will be available for already expressed on the Commission’s statement, this instruction shall apply to any public inspection. proposed rule, the Commission has de­ transaction which would have been required termined to permit supplementary writ­ to be reported pursuant to Item 10(a) of By the Commission. ten comments on its proposed rule after Form 8-K had the issuer been a registrant. [seal] R onald F. H unt, all persons wishing to do so have sub­ XI. Form 10 (17 CFR 249.210)/ Secretary. mitted their initial written views. To A new instruction 5 would be added October 2, 1972. facilitate the efforts of those persons not to Item 2, Summary of Operations, as in the Washington, D.C. area, copies of [FR Doc.72-17296 Filed 10-10-72;8:51 am] all initial comments received will be on follows: file in each of the Commission’s regional 5. For any transaction which was required and branch offices.® It is expected th at a to be reported pursuant to Item 10(a) of [ 17 CFR Part 240 1 significant portion-of these supplemen­ Form 8-K, which shall be cross-referenced [Release No. 34-9808; File No. S7-452] hereto, (i) state the amount of loss which tary written comments will be devoted to was estimated therein to be applicable to MEMBERSHIP ON REGISTERED SECU­ an analysis of the initial comments re­ the periods being reported on and the ceived, although this is not required. amount of the actual loss incurred in RITIES EXCHANGES FOR OTHER Furthermore, these supplementary writ­ such periods, and provide a detailed recon­ THAN PUBLIC PURPOSES ten comments should consider, among ciliation showing all charges and credits other things, the competitive implica­ to any reserve provided; and (ii) furnish Additional Procedures pro forma statements of operations for the tions, if any, of the Commission’s pro­ past 5 fiscal years and for any interim period Introduction. On August 3, 1972, the posed rule. in the current year reflecting the allocation Commission issued for public comment a Supplementary written comments of the charge (or credit) to these prior pe­ proposal to adopt Securities Exchange should be addressed to the Office of the riods on the basis of the facts at the date Act Rule 19b-2, 17 CFR 240. 19b-2, con­ Secretary, Securities and Exchange of filing. In this statement, accumulated cerning membership on registered secu­ Commission, 500 North Capitol Street research and development costs shall be al­ rities exchanges for other than public NW., Washington, DC 20549, and must located to the year of incurrence when the puposes.1 Although the comment period charge involves a writeoff of such costs, and be received no later than November 6, depreciation charges shall be revised to re­ expired October 3, 1972, the Commission 1972. All communications should refer flect adjusted asset lives when fixed assets has received requests for a short exten­ to File No. S7-452 and will be available are written down or off in the transaction sion of time in which to file comments for public inspection in accordance with being reported. If the issuer was not a regis­ on the proposed rule. The Commission the Commission’s Public Information trant of the Commission prior to the filing release announcing the proposed rule Rules (17 CFR 200.80). of this registration statement, this instruc­ also left open questions concerning addi­ Oral presentation. In light of the sig­ tion shall apply to any transaction which tional hearing procedures to be followed, would have been required to be reported nificance of the issues involved, the pursuant to Item 10(a) of Form 8-K had if any, after initial comments were re­ Commission has determined to entertain the issuer been a registrant. ceived.* This release sets forth the addi­ oral statements by those persons submit­ tional procedures the Commission be­ ting written comments. In order to XU. Form 12 (17 CFR 249.212). lieves are appropriate at this time.* facilitate the Commission in its consid­ A new instruction 9 would be added Extention of time. In order to afford eration of any oral statements, the fol­ to the instructions as to exhibits, as all interested persons an opportunity to lowing procedures will be employed: follows: express their views fully, the initial com­ 1. Oral statements shall be held dur­ 9. For any transaction which was requiredment period is extended 10 days, and will ing the week of November 27, 1972, and to be reported pursuant to Item 10(a) of expire on October 16, 1972. The Com­ shall be limited to 15 minutes. Persons Form 8-K, which shall be cross-referenced mission adheres to its previously ex­ desiring additional time should request hereto, (i) state the amount of loss which a specified additional amount of time, was estimated therein to be applicable to the pressed view that the public interest re­ periods being reported on and the amount of quires the prompt resolution of the is­ and accompany their request with an the actual loss incurred in such periods, and sues arising out of the appropriate adequate explanation of their need for provide a detailed reconciliation showing all utilization of exchange membership;4 addition time. Thereafter, the Commis­ charges and credits to any reserve provided; nevertheless, the grant of a short exten­ sion will notify all persons requesting an and (ii) furnish pro forma statements of op­ sion of time for initial comments appears opportunity to make an oral presenta­ erations for the past 5 fiscal years and for to be sufficient to enable all interested tion of the date and amount of time id- any interim period in the current year re­ flecting the allocation of the charge (or located therefor. credit) to these prior periods on the basis of i Securities Exchange Act Release No. 9716 2. The written text of the oral state­ the facts at the date of filing. In this state­ (Aug. 3, 1972) and in the F ederal R eg ister ment to be given must be received by ment, accumulated research and develop­ for August 12, 1972, at 37 F.R. 16409. the Office of the Secretary of the Com­ ment costs shaU be allocated to the year of * Securities Exchange Act Release No. 9716, mission no later than 1 week prior to incurrence when the charge involves a write­ supra n. 1, at p. 5; 37 F.R. supra n. 1, at p. the scheduled oral statement. off of such costs, and depreciation charges 16411. „ 3. Persons making an oral presentation shall be revised to reflect adjusted asset lives 8 A number of comments received thus far, when fixed assets are written down or off in either by the Commission or its staff, have should be prepared to respond to in­ the transaction being reported. If the issuer requested a trial-type, evidentiary hearing. quiries from the Commission and its staff. was not a registrant of the Commission prior In its release proposing Rule 19b-2, the Com­ By the Commission. to the filing of this registration statement, mission indicated its view that hearings of this instruction shall apply to any transac­ that nature would be inappropriate in this, a [seal] R onald F. Hunt, tion which would have been required to be quasi-legislative context. Securities Exchange Secretary. reported pursuant to Item 10(a) of Form Act Release No. 9716, supra n. 1, at p. 5; 37 October 5,1972. 8-K had the issuer been a registrant. F.R., supra n. 1, at p. 16411. But any defini­ [FR Doc.72-17384 Filed 10-10-72;8:51 ami The proposed amendments would be tive conclusions respecting these requests adopted pursuant to sections 6, 7, 8, 10, will be deferred, at least until aU comments on the proposed rule, written and oral, are e Copies of aU initial comments may also and 19(a) (15 U.S.C. 77f, 77g, 77h, 77j, received. „ _ and 77s) of the Securities Act of 1933 * Securities Exchange Act Release No. 9716, be purchased from the Commission’s con­ supra n. 1 at p. 2; 37 F.R. supra n. 1, at p. tract copier by placing orders with the Com­ and sections 13, 15(d), and 23(a) (15 mission’s public reference room. U.S.C. 78m, 78o, and 78w) of the Securi­ 16410.

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21448 Notices

printed and published lists as current as Higgins, Mrs. Mabel, 660 Capri Boulevard, possible by superseding or supplementary Treasure Island, FL 33706, April 5, 1907' DEPARTMENT OF STATE issuance. No prejudice whatsoever shall Higgins, Mr. Thomas Edison, 660 Capri Boulevard, Treasure Island, FL 33706 Agency for International Development attach to a supplier whose name has April 5,1967. been removed from this list. LIST OF INELIGIBLE SUPPLIERS Industrial Waxes, Inc., 925 Dixie Term inal S ec 3. Suppliers Debarred from AID Building, Cincinnati, Ohio 45202, May 5 The following “List of Ineligible Sup­ financing. 1971. pliers” under AID Regulation 8 is cur­ International Clay Machinery Co. of Dela­ rently in effect. All persons who antici­ Name, Address, I nitial Date of Suspension, ware, Inc., 15 Park Row, New York, NY and Period of Debarment 10038, August 9, 1971. pate AID financing for a transaction International Engineering, Inc., 15 Park Row, involving any person whose name ap­ Liao, Mr. J. T. (aka Liao, Chi T o), president, New York, NY 10038, August 9, 1971. pears on this list should take special Summid Corp., 7-2 Alley 13, Lane 1032, International Enterprises, 160 Broadway, notice of its contents. Chung Cheng Road, Taipei, Taiwan, April 7, New York, NY 10038, April 22, 1969. 1970, 6-7-71 to 5-7-74. Rim, Mr. Peter, Eastar Trading Co., 1830 S ection 1. Purpose of the list. The list Mane Fils, Inc., 250 Park Avenue South, New West Olympic Boulevard, Los Angeles, CA of ineligible suppliers implements the York, NY, January 7,1969,2-6-70 to 2-6-73. 90006, May 20,1970. provisions of AID Regulation 8, “Sup­ Mutual International Inc., 420-444 Market Lesh, Mr. George B., vice president, Chat­ pliers of Commodities and Commodity- Street, San Francisco, CA 94111, Septem­ ham Shipping Corp., 375 Park Avenue, New ber 23, 1968, 12-1-69 to 12-1-72. York, NY 10022, April 30, 1970. Related Services Ineligible for AID Fi­ Palmetto Industry Co., 32 Broadway, Suite nancing” (22 CFR Part 208). Subject to 808, New York, NY 10004, March 15, 1968, LeVita Industries, 35 La Patera Lane, Goleta, the conditions described below AID will CA 93016, November 2, 1971. 10-26-69 to 10-26-72. LeVita, Mr. Frank O., North American Steel not make funds available to finance the Summid Corp., 7-2 Alley 13, Lane 1032, Chung Co., Pontiac State Bank Building, Pontiac, cost of commodities or commodity- Cheng Road, Taipei, Taiwan, April 7, 1970, Mich. 48058, November 2, 1971. related services furnished by any sup­ 5-7-71 to 5-7-74. Long, Mr. Sumner A., president, Chatham plier whose name appears on the list. A Tumay, Mr. Francis, president, 32 Broadway, Shipping Corp., 375 Park Avenue, New York, debarred supplier whose name appears Suite 808, New York, NY 10004, March 15, NY 10022, April 30, 1970. in section 4 of a printed or published list 1968, 10-26-69 to 10-26-72. Lowens, Mr. Ernest, 20 Exchange Place, New Wong, P. C., & Co., 156 Funston Street, San York, NY 10005, November 9, 1966. has been placed thereon for the causes Francisco, CA, September 23, 1968, 12-1-69 specified in § 208.5 of Regulation 8; a Mardern, S.A., c/o Buffete Tapia, Calle 31 to 12-1-72. 3-80 Panama City, Republic of Panama, suspended supplier whose name appears Wong, Mr. Peter C., 156 Funston Street, San October 25, 1967. in section 4 of a printed or published Francisco, CA, September 23, 1968, 12-1-69 Meoni, Mr. A., 20 Exchange Place, New York, list has been placed thereon for the to 12-1-72. NY 10005, November 9, 1966. causes specified in § 208.7 of Regula­ S ec. 4. Suppliers suspended from AID McElroy, Mr. Roy H., president, International tion 8. AID has taken such action in financing. Clay Machinery Co. of Delaware, Inc., 15 accordance with the procedures de­ Park Row, New York, NY 10038, August 9, scribed in Subpart D of Regulation 8 The following suppliers have been sus­ 1971. pended from AID financing until further Navarro, Mr. Ben, 20 Exchange Place, New With respect to the interest of any notice pending completion of an AID in­ York, NY 10005, November 9, 1966. U.S. bank which holds an AID letter of vestigation of facts which may lead to North American Steel Co., Pontiac State commitment special attention is called the eventual debarment of such Bank Building, Pontiac, Mich. 48058, No­ to the fact that the list as periodically suppliers: vember 2, 1971. modified by AID constitutes a special North Georgia Feed and Poultry, Inc., 514 amendment to every letter of commit­ Name, Address, and I nitial Date of Davis Street SW., Gainesville, GA 30501, Suspension March 5, 1969. ment to the effect that AID will not Pharma Seien ta, 156 Rue de Damas, Imm. provide reimbursement to a bank for Archifar Pharmaceutical Products, Inc., 20 Homal, Beirut, Lebanon, December 19, payment to any supplier whose name Exchange Place, New York, NY 10005, No­ vember 9, 1966. 1966. appears on the list, excepting only: (a) A Associated Chemo-Pharm Industries, Inc., 20 Premium Finishes Sales, Inc., 925 Dixie payment made to a supplier on or before Exchange Place, New York, NY 10005, No­ Terminal Building, Cincinnati, Ohio 45202, the initial date of suspension indicated vember 9, 1966. May 5, 1971. for that supplier under an AID letter of Chatham Shipping Corp., 375 Park Avenue, Price Paper Products Corp., 925 Dixie Termi­ New York, NY 10022, April 30, 1970. nal Building, Cincinnati, Ohio 45202, commitment issued prior to that date, May 5, 1971. and (b) a payment made to a supplier Colony Steel Co., 122 East 42d Street, New Price, Mir. Thomas E., c/o Price Paper Prod­ under an irrevocable letter of credit York, NY, March 26, 1968. Concepcion, Mr. Segismundo, 160 Broadway, ucts Corp., 925 Dixie Terminal Building, opened or confirmed on or before the New York, NY 10038, April 22, 1969. Cincinnati, Ohio 45202, May 5, 1971. initial date of suspension indicated for Concrete Pipe Machinery Co., Post Office Box Price y Cia, Inc., 925 Dixie Terminal Building, that supplier under an AID letter of 1708, Sioux City, IA 51102, August 10, 1970. Cincinnati, Ohio 45202, May 5, 1971. commitment issued prior to that date. Corrigan-Gonzalez Export Corp., 4001 North­ R & Z Co., Inc., 2041-67 Pitkin Avenue, A bank which receives copies of the list west 25th Street, Miami, FL, November 17, Brooklyn, NY 11207, October 23, 1969. and the periodic modifications thereto 1970. Richter, Gedeon, Pharmaceutical Products, Corrigan & Sons, Inc., Post Office Box 218, Inc., 20 Exchange Place, New York, NY shall be held in its relationship with AID 10005, November 9,1966. to the standard of care described in San Antonio, FL, November 17, 1970. Dixie Chick Co., 510 Davis Street SW,, Rogers, Mr. Henry, 2041-47 Pitkin Avenue, § 201.73(f) of Regulation 1 (22 CFR Gainesville, GA 30501, March 5, 1969. Brooklyn, NY 11207, October 23, 1969. § 201.73(f)) with respect to every trans­ Domestic Export Corp., 288 New York Ave­ Rolquin, Mr. E. R., president, Domestic Ex­ action governed by an AID letter of nue, Huntington, NY, February 14, 1972. port Corp., 288 New York Avenue, Hunt­ commitment issued to that bank. Eastar Trading Co., 1830 West Olympic ington, NY, February 14,1972. Scheinis, Mr. Samuel, 122 East 42d St., New Sec. 2. Contents of the list. The list Boulevard, Los Angeles, CA 90006, May 20, 1970. York, NY 10017, March 25, 1971. of ineligible suppliers consists of all sup­ Fertig, Capt. Arthur H., 19 West Street, New Shalom, Mr. Raleigh, 20 Exchange Place, New pliers and affiliates who have been de­ York, NY 10011, April 30, 1970. York, NY 10005, November 9,1966. barred or suspended by AID. Additions Gubbay, Mr. Clement, 20 Exchange Place, Société des Laboratories Reunis (SOLAR), to or deletions from the list are com­ New York, NY 10005, November 9, 1966. 156 Rue de Damas, Imm. Homsi, Beirut, municated directly to every U.S. bank Higgins, Thomas Edison, Enterprises, Inc., Lebanon, December 19,1966. holding an AID letter of commitment as 660 Capri Boulevard, Treasure Island, FL Spe-D-Magic Co., 660 Capri Boulevard, Treas­ they occur. AID endeavors to keep 33706, April 5, 1967. ure Island, FL 33706, April 5, 1967.

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 NOTICES 21440 partment of State, including the Agency, -lYiron International. Inc., 160 Broadway, and general direction of economic as­ 1 New York. NY 10038, April 22, 1969. sistance and military assistance pro­ by this delegation of authority. united Pharmacal Laboratories, Post Office grams and military sales, including, but The foregoing amendments to State u box 1718, Lot 28, Foreign Trade Zone, not limited to, whether there shall be a Department Delegation of Authority No. Mavaeuez, PR, December 19, 1966. military assistance program for a coun­ 104 shall become effective upon publica­ Wester1 big, Mr. Horst P. O.. 925 Dixie Termi­ try and the value thereof or a sale to tion in the F ederal R egister. Any deter­ nal Cincinnati, Ohio 45202, May a country and the amount thereof, to minations, authorizations, regulations, 5 1971. the end that such programs and sales rulings, certificates, orders, directives, White Magic Co., 660 Capri Boulevard, Treas­ contracts, agreements, standards, cri­ ure Island, FL 33706, April 5,1967. are effectively integrated both at home Wolff, Mr. Tom Q., 787 Tucker Road, North and abroad and the foreign policy of teria, and other actions made, issued Dartmouth, MA, October 23,1969. the United States is best served thereby. or entered into with respect to any func­ Zubof, Mr. Samuel. 2041-47 Pitkin Avenue, (C) The functions conferred upon the tion affected by this delegation of au­ Brooklyn, NY 11207, October 23, 1969. Secretary of State by section 42(b) of thority and not revoked, superseded, or otherwise made inapplicable before such Dated: October 3,1972. the Foreign Military Sales Act, as amended. effective date shall continue in full force J ames P. Campbell, (D) The functions conferred upon the and effect until amended, modified or Assistant Administrator for President by section 8(d) of Public Law terminated by appropriate authority. Program and Management Services. 91-672 (84 Stat. 2055). Dated: October 2,1972. [PR Doc.72-17285 Filed 10-10-72;8:45 am] (E) The functions of negotiating, con­ cluding, and terminating international W illiam R ogers, agreements relating to security assist­ Secretary of State. Office of the Secretary ance programs, subject to the concur­ [FR Doc.72-17324 Filed 10-16-72;8:48 am] [Public Notice 367; Delegation of rences required by the State Depart­ Authority 104-8] m ent Circular 175 procedure. (F) The Under Secretary for Security [Public Notice 368] UNDER SECRETARY FOR SECURITY Assistance shall be the officer with whom PROPOSED OCEAN DUMPING ASSISTANCE the Secretary of Defense shall consult CONVENTION Delegation of Authority pursuant to section 202 of the Executive order. Availability of Draft Environmental By virtue of the authority vested in me b. Paragraph (b) (2) is revoked. Impact Statement by section 621 of the Foreign Assistance c. Paragraphs (b)(3) , (b)(4), and Act of 1961, as amended (22 U.S.C. 2381), (b)(5) are redesignated as (b)(2), Pursuant to section 102(2) (C) of the and section 4 of the Act of May 26,1949, (b) (3), and (b) (4), respectively. National Environmental Policy Act of as amended (22 U.S.C. 2658), State De­ 3. Section 7 is amended as follows: 1969, the Department of State has pre­ partment Delegation of Authority No. a. Subsection (a) is amended to read pared a draft environmental impact 104 of November 3, 1961 (26 F.R. 10608), as follows: • statement for the proposed draft Con­ as heretofore amended, is hereby further (a) (1) Any reference in this delega­ vention for the Prevention of Marine amended as follow s: tion of authority to any Act, order, de­ Pollution by Dumping produced by the termination, or delegation of authority Intergovernmental Meeting on Ocean 1. Section 2 is amended as follows: Dumping at Reykjavik, Iceland, from a. Paragraph (a) (2) is amended by shall be deemed to be a reference to such Act, order, determination, or delegation April 10-15, 1972, as amended in certain changing the period a t the end thereof respects at the Intergovernmental Meet­ to a comma and adding “not including of authority as amended from time to time. ing on Ocean Dumping at London on chaper 4 of Part n of the Act.” May 30 and 31,1972. The Government of b. Paragraph (a) (3) is amended to (2) Any reference in this delegation of the United Kingdom has invited the read as follows: authority to provisions of any appropria­ United States to send representatives to (3) The functions of negotiating, con­tion Act shall be deemed to include a a plenipotentiary conference to be held cluding, and term inating international reference to any hereafter enacted pro­ in London from October 30-Novem- agreements under the Act, other than visions of law which are the same or sub­ ber 10, 1972, for the purpose of conclud­ agreements relating to security assist­ stantially the same as such appropria­ ing a final Convention for the Preven­ ance programs, and under the Latin tion Act provisions. tion of Marine Pollution by Dumping. American Development Act, subject to (3) Unless otherwise specified, any The Reykjavik Draft, as altered by the the concurrences required by the State reference in this delegation of authority London amendments, would prohibit all Department Circular 175 procedure. to part I of the Act shall be deemed to be deliberate disposal at sea from vessels c. Subsection (c) is revoked. a reference also to chapter 4 of part II, and aircraft of certain dangerous sub­ 2. Section 6 is amended as follows: and any reference in this delegation of stances, and require permits for the authority to part II of the Act shall be a. Paragraph (b)(1) is amended to dumping of other substances in accord­ deemed not to include chapter 4 of such ance with detailed criteria. read as follows: part II, in accordance with section 202 (1) To the Under Secretary for Secu­ (b) of Public Law 92-226 (86 Stat. 27). Copies of the environmental impact rity Assistance: statement may be obtained by writing to (4) Any reference in this delegation the National Technical Information (A) Exclusive of the functions re­ of authority to security assistance shall served to the Secretary of State herein, Service, Department of Commerce, be deemed to include all forms of secu­ Springfield, Va. 22151. Comments on the the functions conferred upon the Secre­ rity assistance, including military assist­ tary of State by section 101 of the ex- proposed action are welcome before Oc­ ance under part II of the Act, sales, tober 27, 1972, addressed to the Office of Executive order insofar as such functions credit sales and guarantees under the Environmental Affairs, Room 7822, De­ relate to programs under Part n of the Foreign Military Sales Act, security sup­ partment of State, Washington, D.C. Act and by Executive Order 11501 relat­ porting assistance under chapter 4 of 20520. ing to sales under the Foreign Military Part II of the Act, and naval vessel loans Dated: October 2,1972. Sales Act. as authorized by law.” (2) Subsection (c) is amended to read For the Secretary of State. (B) Subject to section 2(a) (2) of this as follows: delegation of authority, the functions Christian A. Herter, Jr., (c) Notwithstanding any provision of Special Assistant to the Sec­ conferred upon the Secretary of State by this delegation of authority, the Secre­ section 622(c) of the Act and by sec­ retary for Environmental tary of State or the Deputy Secretary of Affairs. tion 2(b) of the Foreign M ilitary Sales State may at any time exercise any func­ Act relating to continuous supervision tion delegated to any officer of the De­ [FR Doc.72-17325 Filed 10-10-72;8:48 am]

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21450 NOTICES

[Public Notice 369] matter that is likely to become a par­ nial program, and consider the recent re­ PROPOSED USE OF DETROIT RIVER ticular matter at issue in contested pro­ port of the Conservation Foundation on ceedings before the Commission will be PIPES TO PERMIT HYDROCARBON the National Park System. discussed. Further inform ation may be obtained TRANSMISSION Reports of the visits will be on file in from the Office of the Director, Northeast Availability of Draft Environmental the Commission’s docket room. Region, National Park Service, 143 South Impact Statement Place of visit: Date of visit Third Street, Philadelphia," PA. Washington, D.C., P o s t Dated: Octobers, 1972. Pursuant to section 102(2) (C) of the Office______Oct. 16, 1972 National Environmental Policy Act of Northern Virginia Sectional S tanley W. Hulett, 1969, the Department of State has pre­ Center Facility______Oct. 17, 1972 Acting Director, pared a draft Environmental Impact Prince Georges Sectional National Park Service. Statement that evaluates the environ­ Center Facility______Oct. 18, 1972 [FR Doc.72-17345 Filed 10-10-72; 8:49 am] mental implications of a proposed pipe­ By direction of the Commission. line to be constructed by the Dome Pipe­ line Carp., that will transport liquid Joseph A. F isher, Office of the Secretary Secretary. hydrocarbons from a storage cavern at [INT FES 72-36] Windsor, Ontario, to a natural gas re­ [FR Doc.72-17376 Filed 10-10-72;8:51 am] forming plant at Green Springs, Ohio. AUTHORIZED SAN LUIS U N IT- The preparation of this statement has CENTRAL VALLEY PROJECT, CALIF. been occasioned by the fact that the POSTAL FACILITIES Dome Corp. requires an amendment to a Notice of Availability of Final permit issued on March 13, 1969, pur­ Notice of Visits Environmental Statement suant to Executive Order 11423. The October 6, 1972. permit, which was originally issued to Pursuant to section 102(2) (C) of the In furtherance of the Postal Rate National Environmental Policy Act of American Brine, Inc., authorized the Commission’s training program pub­ construction, connection, operation, and 1969, the Department of the Interior has lished in the F ederal R egister on Sep­ prepared a final environmental state­ maintenance of two pipelines for the tember 20, 1972 (37 F.R. 19404), em­ transportation of commercial fluids ment for the authorized San Luis Unit ployees of the Commission will be visiting of Central Valley Project, Calif. The en­ other than hydrocarbons, and one ap­ the Washington, D.C., Post Office and purtenant electric cable, under the De­ vironmental statement concerns a pro­ associated facilities in the Washington posed water supply for the purpose of troit River to a point on the inter­ area during the week of October 24,1972. national boundary line between the furnishing irrigation water to a 600,000- No particular matter at issue in con­ acre service area on the west side of the United States and Canada. Dome Petro­ tested proceedings before the Commis­ San Joaquin Valley in the Los Banos to leum now seeks an amendment of the sion nor the substantive merits of a mat­ K ettlem an City area of California. permit to authorize transportation in ter that is likely to become a particular Copies are available for inspection at these existing pipelines which are to be matter at issue in contested proceedings the following locations: part of the Windsor-Green Springs line before the Commission will be discussed. of liquid hydrocarbons. Reports of the visits will be on file in Office of Ecology, Room 7620, Bureau of Copies of the Environmental Impact Reclamation, Department of the Interior, the Commission’s docket room. Washington, D.C. 20240, Telephone: (303) Statement may be obtained by writing 343-4491. to the National Technical Information By direction of the Commission. Division of Engineering Support, Technical Service, Department of Commerce, J oseph A. F isher, Services Branch, E&R Center, Denver Fed­ Springfield, Va. 22151. Secretary. eral Center, Denver, Colo. 80225, Tele­ Comments on the proposed action are phone: (303) 234-3007. welcome within 30 days and should be [FR Doc.72-17377 Filed 10-10-72;8:51 am] Office of the Regional Director, Bureau of Reclamation, 2800 Cottage Way, Sacra­ addressed to the Office of Environmental mento, CA 95825, Telephone: (916) Affairs, Room 7822, Department of State, 481-6100. Washington, D.C. 20520. DEPARTMENT OF THE INTERIOR Fresno CVP Construction Office, Bureau of Dated: October 2, 1972. Reclamation, Federal Building, Room 5301, National Park Service 1130 O Street, Fresno, CA 93721, Tele­ For the Secretary of State. phone: (209) 487-5000. NORTHEAST REGIONAL ADVISORY Christian A. H erter, Jr., Single copies of the final environmen­ Special Assistant to the Secre­ COMMITTEE tal statement may be obtained on request tary for Environmental Af­ Notice of Meeting to the Commissioner of Reclamation or fairs. the Regional Director. In addition, copies Pursuant to Executive Order 11671, may be purchased from the National [FR Doc.72-17326 Filed 10-10-72; 8:48 am] notice is hereby given of the meetings of Technical Inform ation Service, Depart­ the Northeast Regional Advisory Com­ ment of Commerce, Springfield, Va. mittee on October 12 and 13, 1972, in 22151. Please refer to the statement Philadelphia, Pa. number above. POSTAL RATE COMMISSION The October 12 meetings will be as­ Dated: October 4, 1972. POSTAL FACILITIES sembled in the Conference Room of In­ dependence National Historical Park, W. W. Lyons, Notice of Visits 313 Walnut Street, at 9 a.m. for a field Deputy Assistant Secretary trip through Independence National His­ of the Interior. October 6, 1972. torical Park. The meeting will reassemble [FR Doc.72-17287 Filed 10-10-72;8:45 am] In furtherance of the Postal Rate in the National Park Service, Northeast Commission’s training program pub­ Regional Office Conference Room, 143 JOHN E. FORD, Jr. lished in the F ederal R egister on Sep­ South Third Street, at 2 p.m., to discuss tember 20, 1972 (37 F.R. 19404), the planning and programing for Inde­ Statement of Changes in F in a n cia l Commissioners will be visiting the Wash­ pendence National Historical Park, and Interests ington, D.C., Post Office and associated the planning and programing for thé facilities in the Washington area on region. In accordance with the requirements October 16,17, and 18,1972. The October 13 meetings will begin at of section 710(b) (6) of the Defense Pro­ No particular matter at issue in con­ 9 a.m. and 1:30 p.m. in the Northeast duction Act of 1950, as amended, an« tested proceedings before the Commis­ Regional Office Conference Room to dis­ Executive Order 10647 of November 2», sion nor the substantive merits of a cuss and critique the regional bicenten­ 1955, the following changes have taken

FEDERAL REGISTER. VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 NOTICES 21451

Interested persons may present their of the structure of the outer membrane place in my financial interests during of mitochondria. Geologists are investi­ the past 6 months: views with respect to the question of whether an instrument or apparatus of gating terrestrial and lunar glasses and (1) None. equivalent scientific value for the pur­ their alteration products; and also struc­ (2) None. poses for which the article is intended tures and defects within crystals are (3) None. being studied. Paleontological study with (4) None. to be used is being manufactured in the United States. Such comments must be the scanning electron microscope is being This statement is made as of Septem­ filed in triplicate with the Director, Spe­ made of ultramicroscopio fossils such as ber 28, 1972. cial Import Programs Division, Office of coccoliths and discoasters. The addition Dated: September 28, 1972. Import Programs, Washington, D.C. of this accessory to the scanning elec­ 20230, within 20 calendar days after the tron microscope will permit observation J ohn E. F ord, Jr. date on which this notice of application of any material with much greater facil­ [PE Doc.72-17300 Filed 10-10-72:8:46 am] is published in the F ederal R egister. ity and thus be extremely useful as a Amended regulations issued under teaching aid. Application received by cited Act, as published in the February Commissioner of Customs: September 19, m a x w e l l s. Mc k n ig h t 24, 1972, issue of the F ederal R egister, 1972. Docket No. 73-00157-91-32500. Appli­ Statement of Changes in Financial prescribe the requirements applicable to comments. cant: University of Georgia, Botany De­ Interests A copy of each application is on file, partment, Athens, Ga. 30601. Article: In- In accordance with the requirements and may be examined during ordinary fraRed Gas Analyser, Model SB2. Manu­ of section 710(b) (8) of the Defense Pro­ Commerce Department business hours facturer: Grubb Parsons, United King­ duction Act of 1950, as amended, and at the Special Import Programs Division, dom. Intended use of article: The article Executive Order 10647 of November 28, Department of Commerce, Washington, is intended to be used in studies of the 1955, the following changes have taken D.C. gas exchange properties of plant leaves, place in my financial interests during Docket No. 73-00151-00-46040. Appli­ for simultaneous determinations of H20 the past 6 months: cant: Institute for Muscle Disease, Inc., and C02 fluxes while holding the leaf en­ vironment nearly constant. Application (1) None. 515 East 71st Street, New York, NY 10021. (2) None. Article: Anticontamination device for received by Commissioner of Customs: (3) None. Elmiskop I electron microscope. Manu­ September 18, 1972. (4) None. facturer: Siemens AG, West Germany. Docket Ño. 73-00158-33-37100. Appli­ Intended use of article: The article is a cant: Bucknell University, Lewisbrug, Pa. This statem ent is made as of Octo­ 17837. Article: Yeda-press (tissue ho- ber 26, 1972. compatible accessory for an existing elec­ tron microscope currently in use for sci­ mogenizer). Manufacturer: Yeda Re­ Dated: September 29, 1972. entific investigation. Application received search & Development Co., Ltd., Israel. Intended use of article: The article is in­ Maxwell S. McK night. by Commissioner of Customs: August 17, 1972. tended to be used to prepare subcellular [FR Doc.72-17301 Filed 10-10-72:8:46 am] Docket No. 73-00152-33-46070. Appli­ organelles or membrane fractions. Spe­ cant: Sloan-Kettering Institute for Can­ cifically it will be used to homogenize rat testicular tissue for preparation of Golgi EDGAR A. WEYMOUTH, Jr. cer Research, 425 East 68th Street, New York, NY 10021. Article: Scanning elec­ apparatus membranes from the male Statement of Changes in Financial tron microscope, Model S—4. Manufac­ germ cell in a research project designed Interests turer: Cambridge Scientific Instruments, to gain information regarding the Golgi Ltd., United Kingdom. Intended use of apparatus membrane system as it relates In accordance with the requirements article: The article is intended to be used to acrosome formation and sperm of section 710(b) (6) of the Defense Pro­ to study: competence. duction Act of 1950, as amended, and (a) The surface configuration of cells; Docket No. 73-00159-99-07500. Appli­ Executive Order 10647 of November 28, (b) The three-dimensional relation­ cant: State University College of New 1955, the following changes have taken ship of various tissues (collections of cells York, Brockport, N.Y. 14420. Article: place in my financial interests during such as intestinal mucosa, tumors, etc.); Precision Calorimetry System, Model the past 6 months: (c) The relationship of certain micro­ 8700. Manufacturer: LKB Produkter AB, (1) None. organisms such as mycoplasma or viruses Sweden. Intended use of article: The (2) None. with the cells these organisms attach article is intended to be used in chemistry (3) None. to and enter; and courses to familiarize students with (4) None. modern precision calorimetry as applied (d) The arrangement and attachment to physiochemical measurements, instru­ This statem ent is made as of Septem ­ of antigens to cell surfaces. ber 24, 1972. mental analysis, inorganic thermochem­ The article will also be used in the istry, biochemical studies and research Dated: September 27, 1972. courses “Microscopy for Cancer Re­ techniques in thermochemistry for the Edgar A. Weymouth, Jr. search” and “Advanced Cytology” to study of the energetics of organic re­ teach graduate students and postdoctoral actions in their mechanisms. Application [FR Doc.72-17302 Filed 10-10-72;8:46 am] fellows the configuration and relation­ received by Commissioner of Customs: ships of cancer cells versus normal cells. September 14,1972. Application received by Commissioner of S eth M. B odner, Customs: September 14, 1972. Director, Office of DEPARTMENT OF COMMERCE Docket No. 73-00155-00-46070. Appli­ Import Programs Divisions. Office of Import Programs cant: University of California at Santa {FR Doc.72-17320 Filed 10-10-72:8:48 am] Cruz, Purchasing Office, Santa Cruz, INSTITUTE FOR MUSCLE DISEASE, INC., Calif. 95060. ET AL. Article: Goniometer Stage (GS-3). Maritime Administration Manufacturer: JEOL, Ltd., Japan. In­ CONSTRUCTION OF COMBINATION Notice of Applications for Duty-Free tended use of article: The article is an Entry of Scientific Articles accessory for an existing scanning elec­ RO/RO CONTAINERSHIP The following are notices of the re­ tron microscope being used by students Recomputation of Foreign Cost; ceipt of applications for duty-free entry and faculty in the fields of biology, geol­ Notice of Intent ogy, and paleontology. Biologists are of scientific articles pursuant to section studying the form, structure, develop­ Notice is hereby given of the intent of 6(c) of the Educational, Scientific, and ment, and chemical composition of the Maritime Subsidy Board to deter­ Cultural M aterials Im portation Act of spores of lower land plants, especially of mine whether there has been a signifi­ 1966 (Public Law 89-651; 80 Stat. 897). bryophytes; as well as conducting a study cant change in the foreign shipbuilding

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21452 NOTICES market conditions of combination RO/ King of Prussia, PA 19406, has with­ the terminal month fall in the same cal­ RO containerships (identified as MA De­ drawn its petition (FAP 2B2788), notice endar year, no problems of classification sign C-7-S-95a) and if there has been of which was published in the F ederal occur. such a change, to recompute the foreign R egister of August 2, 1972 (37 F.R. Two tabulations of interim reimburse­ cost for the construction of such type 15443), proposing the issuance of a food ments are prepared, one summarizing of vessels, pursuant to the provisions of additive regulation (21 CFR Part 121) the bills with each assigned to the year section 502(b) of the Merchant Marine to provide for the safe use of copolymers in which the period it covers begins, and Act, 1936, as amended, and in connection of vinylidene fluoride and tetrafluoro- the other summarizing the same bills with the award of any new contract re­ ethylene as articles or components of with each assigned to the year in which lated to the construction of such type of articles used in contact with food. the period it covers ends. The true value vessels. Dated: October 1,1972. with respect to the interim costs for a Any person, firm, or corporation hav­ given year on an accrual basis should fall ing any interest (within the meaning of Virgil O. Wodicka, between the amount of total costs shown section 502(b)) in such recomputations Director, Bureau of Foods. for bills beginning in that year and the may file written statements by the close [PR Doc.72-17281 Piled 10-10-72;8:45 am] amount shown for bills ending in that of business on October 18, 1972, with the year. Secretary, Maritime Subsidy Board, The average interim per diem rate for Maritime Administration, Room 3099B, Office of the Secretary inpatient hospital services for calendar Department of Commerce Building, 14th year 1966, on the basis described, is and E Streets NW., Washington, D.C. INPATIENT HOSPITAL DEDUCTIBLE $37.93, while the corresponding figure for 20235. Announcement of Dollar Amount calendar year 1971 is $72.21. It may be noted that these averages are based on Dated: October 6, 1972. Pursuant to authority contained in about 30 million days of hospitalization By order of the Maritime Subsidy section 1813(b) (2) of the Social Security in 1966 and 63 million days of hospitali­ Board, Maritime Administration. Act (42 U.S.C. 1395e(b) (2), as amended, zation in 1971. The ratio of the 1971 rate and a ruling of the Price Commission to the 1966 rate is 1.904. J ames S. D awson, J r., under 6 CFR 300.18 of its regulations, I Secretary. In order to reflect accurately the hereby determine and announce that the change in the average per diem hospital [PR Doc.72-17430 Filed 10-10-72;8:51 am] dollar amount which shall be applicable cost under the program, the average In­ for the inpatient hospital deductible, for terim cost (as shown in the tabulations) purposes of section 1813(a) of the Act, as must be adjusted for (i) the effect of amended, shall be $72 in the case of any final cost settlem ents made with each DEPARTMENT OF HEALTH, spell of illness beginning during 1973. provider of services after the end of its The Social Security Act provides that, fiscal year to adjust the reimbursement EDUCATION, AND WELFARE for calendar years after 1968, the inpa­ to that provider from the amount paid tient hospital deductible shall be equal to during that year on an Interim basis to Food and Drug Administration $40 multiplied by the ratio of (1) the cur­ the actual cost of providing covered serv­ [PAP 3B2828] rent average per diem rate for inpatient ices to beneficiaries, and for (ii) changes hospital services for the calendar year in the benefit structure since the base MONSANTO CO. preceding the year in which the promul­ year, 1966. To the extent that the ratio of gation is made (in this case, 1971) to final cost to interim cost is different in Notice of Filing of Petition for Food (2) the current average per diem rate the current year than it was in 1966, the Additive for such services for 1966. The law fur­ increase in average interim per diem Pursuant to provisions of the Federal ther provides that, if the amount so de­ costs Will not coincide w ith the increase Food, Drug, and Cosmetic Act (sec. 409 termined is not an even multiple of $4, in actual cost that has occurred. The (b)(5), 72 Stat. 1786; 21 U.S.C. 348(b) it shall be rounded to the nearest multi­ inclusion of the lifetime reserve days in (5)), notice is given that a petition (FAP ple of $4. Further, it is provided that the the current tabulation of the average 3B2828) has been filed by Monsanto Co., current average per diem rates referred interim per diem cost when such days 1101 17th Street NW., Washington, DC to shall be determined by the Secretary were not included in the corresponding 20036, proposing that § 121.2536 Filters, of Health, Education, and Welfare from tabulation for the base year, 1966, will resin-bonded (21 CFR 121.2536), be the best available information as to the understate the estimate of the increase amended to provide for the safe use of amounts paid under the program for in­ in cost that has occurred, because the phenol-formaldehyde resins chemically patient hospital services furnished dur­ average cost per day of very long con­ modified with cyanoguanidine and urea ing the year by hospitals who axe quali­ finements in a hospital is less than the in the manufacture of resin-bonded glass fied to participate in the program, and average for all confinements. In order fiber filters intended for filtering food. for whom there is an agreement to do to estimate the increase in average per so, for individuals who are entitled to diem cost that has occurred, a compari­ Dated: October 1,1972. benefits as a result of insured status un­ son must be based on sim ilar benefits Virgil O. W odicka, der the Old-Age, Survivors, and Disabil­ in the two periods (1971 and 1966) ; thus Director, Bureau of Foods. ity Insurance program or the Railroad the effect of lifetime reserve days, must Retirement program. be eliminated from the current year [PR Doc.72-17280 Filed 10-10-72;8:45 am] The data available to make the neces­ tabulation. Actuarial analysis of the data sary computations of the current aver­ available indicates that these adjust­ [FAP 2B2788] age per diem rates for calendar years ments do not change the ratio shown 1966 and 1971 are derived from individ­ above by enough to result in a different PENNWALT CORP. ual inpatient hospital bills that are re­ deductible for 1973. The values shown corded on a 100-percent basis in the in this report do not reflect these adjust­ Notice of Withdrawal of Petition for records of the program. These records ments for final cost settlements or life­ Food Additive show, for each bill, the total inpatient time reserve days. Pursuant to provisions of the Federal days of care, the interim reimbursement When the ratio of 1.904 is multiplied Food, Drug, and Cosmetic Act (sec. 409 amount, and the total interim cost (the by $40, it produces an amount of $76.16, (b), 72 Stat. 1786; 21 U.S.C. 348(b)), sum of interim reimbursement, deduct­ which must be rounded to $76. The Cost- the following notice is issued : ible, and coinsurance). of-Living Council, however, has ruled In accordance with § 121.52 With­ Each individual bill is assigned both that the inpatient hospital deductible drawal of petitions without prejudice an initial month and a terminal month, represents a price paid by Medicare of the procedural food additive regula­ as determined from the first day cov­ recipients for hospital services and is, tions (21 CFR 121.52), Pennwalt Corp., ered by the bill and the last day so cov­ therefore, governed by Price Commission Plastics Department, 900 First Avenue, ered. Insofar as the initial month and regulations limiting the increase which

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 NOTICES 21453 can be charged by institutional providers against Respondent, the allegations of forth in Appendix D to 10 CFR Part 50, of health services. The Price Commission which shall be deemed to be true, and notice is hereby given that documents has further ruled that the increase al­ an Order Suspending the Statement of entitled “Applicant’s Environmental Re­ lowable is limited to 6 percent. Rounded Record, herein identified, shall be issued port and Supplement 1 through Supple­ to the nearest multiple of $4, this pro­ pursuant to 24 CFR 1710.45(b) (1). ment No. 6 to Environmental Report” duces a rate of $72 for 1973. Accordingly, This notice shall be served upon the (collectively known as the “reports”), the inpatient hospital deductible for Respondent forthwith pursuant to 24 submitted by the Philadelphia Electric spells of illness beginning during the CFR 1720.440. Co., have been placed in the Commis­ calendar year 1973 is $72. sion’s Public Document Room at 1717 H By the Secretary. Street NW., Washington, DC and in Dated: October 5, 1972. G eorge R omney, Martin Memorial Library, 159 East Mar­ Elliot L. R ichardson, Secretary of ket Street, York, PA. The reports are Secretary. Housing and Urban Development. also available at the Pennsylvania State [PR Doc.72-17399 Filed 10-10-72; 8:52 am] Planning Board, 503 Finance Building, G eorge K. B ernstein, State Capitol, Harrisburg, Pa., and at Interstate Land Sales Administrator. the York County Planning Commission, [IR Doc.72-17289 Filed 10-10-72;8:46 a.m.] 1320 West Market Street, York, PA. DEPARTMENT OF HOUSING AND Notice of availability of the applicant’s Environmental Report and Supplement URBAN DEVELOPMENT DEPARTMENT OF No. 1 was published in the F ederal R eg­ Office of Interstate Land Sales ister on January 18, 1972 (37 F.R. 747). Registration TRANSPORTATION The reports have been analyzed by the Commission’s Directorate of Li­ [Docket No. N-72—119; Administrative Federal Railroad Administration Division File No. 2—59] censing, and a Draft Environmental [FRA—Pet—No. 59j Statement, dated October 1972, related CORONA DE TUCSON ET AL. VERMONT RAILWAY, INC. to the proposed issuance of operating Notice of Hearing licenses for the Peach Bottom Atomic Notice of Petition for Exemption From Notice is hereby given that: Power Station Units 2 and 3, located at 1. Corona de Tucson, Inc., its officers Hours of Service Act Philadelphia Electric Co.’s site in Peach and agents, hereinafter referred to as October 5, 1972. Bottom Township, has been prepared and Respondent being subject to the provi­ The Vermont Railway, Inc., has peti­ has been made available for public in­ sions of the Interstate Land Sales Full tioned the Federal Railroad Administra­ spection at the locations designated Disclosure Act (Pub. Law 90-448) <15 tion pursuant to 45 U.S.C. 64(a) for an above. Copies of the Commission’s Draft Ü.S.C. 1701 et seq.), received a Notice exemption, with respect to certain em­ of Proceedings and Opportunity for ployees, from the Hours of Service Act, Environmental Statement may be ob­ Hearing dated August 29, 1972, which 45 U.S.C, secs. 61, 62, 63, and 64. tained upon request addressed to the was sent to the developer pursuant to Interested persons are invited to par­ U.S. Atomic Energy Commission, Wash­ 15 Ü.S.C. 1706(d) and 24 CFR 1710.45 ticipate by submitting written data, ington, D.C. 20545, Attention: Deputy (b) (1) informing the developer of infor­ views, or comments. Communications Director for Reactor Projects, Director­ mation obtained by the Office of Inter­ should identify the docket number and state Land Sales Registration showing ate of Licensing. should be submitted in triplicate to Pursuant to Appendix D to CFR Part that a change had occurred which af­ Docket Clerk, Office of Chief Counsel, fected material facts in the Developer’s Federal Railroad Administration, Atten­ 50, interested persons may, within forty- Statement of Record for Corona de tion: Docket FRA-Pet-No. 59, 400 five (45) days from the date of publica­ Tucson and the failure of the Developer Seventh Street SW., Washington, DC tion of this notice in the F ederal to amend .the pertinent sections of the 20590. Communications received before R egister, submit comments for the Statement of Record and Property November 10, 1972, will be considered Report. Commission’s consideration on the Re­ by the Federal Railroad Administrator port and Supplements, on the Draft 2. The Respondent filed an answer re­ before taking final action. All comments ceived September 11, 1972, in answer to received will be available for examina­ Environmental Statement, and on the the allegations of the Notice of Proceed­ tion by interested persons at any time proposed action. Federal and State agen­ ings and Opportunity for a Hearing. during regular working hours in Room cies are being provided with copies of 3. In said Answer the Respondent re­ 5428, Nassif Building, 400 Seventh the Draft Environmental Statement (lo­ quested a hearing on the allegations con­ Street SW., Washington, DC tained in the Notice of Proceedings and cal agencies may obtain this document Opportunity fo r a Hearing. Edward F. Conway, Jr., on request), and when comments thereon 4. Therefore, pursuant to the provi­ Acting Assistant Chief Counsel of the Federal, State, and local officials sions of 15 U.S.C. 1706(d) and 24 CFR for Safety Regulation. are received, They will be made available 1720.160(b) : It is hereby ordered that [FR Doc.72-17323 Filed 10-10-72; 8; 48 am] for public inspection at the above desig­ a public hearing for the purpose of tak­ ing evidence on the questions set forth nated locations. Comments on the Draft in the Notice of Proceedings and Oppor­ Environmental Statement from inter­ tunity for Hearing will be held before ATOMIC ENERGY COMMISSION ested members of the public should be David Knight in Room 7233, Department [Dockets Nos. 50-277,50-278] addressed to the U.S. Atomic Energy of HUD Building, 451 7th Street SW., Commission, Washington, D.C. 20545, Washington, DC, on November 10, 1972, ENVIRONMENTAL REPORT, SUPPLE­ Attention: Deputy Director for Reactor at 10 a.m. MENTAL ENVIRONMENTAL RE­ The following time and procedure is Projects, Directorate of Licensing. applicable to such hearing: PORTS, AND AEC DRAFT ENVIRON­ Dated at Bethesda, Md., this 4th day MENTAL STATEMENT FOR PEACH All affidavits and a list of all witnesses are of October 1972. requested to be filed with the Rearing Clerk, BOTTOM ATOMIC POWER STATION Building, Room 10150, Washington, UNITS 2 AND 3 For the Atomic Energy Commission. B.C. 20410 on or before October 27, 1972. D aniel R. Muller, Notice of Availability 5. The Respondent is hereby notified Assistant Director for Environ­ that failure to appear at the above sched- Pursuant to the National Environ­ mental Projects, Directorate hied hearing shall be deemed a default mental Policy Act of 1969 and the Atomic of Licensing. ahci the proceeding shall be determined Energy Commission’s regulations set [FR Doc.72-17283 Filed 10-10-72;8:45 am]

FEDERAL REGISTER, V O L 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 No. 197----- 7 21454 NOTICES

[Docket No. 50-336] Part 50, which sets forth procedures conditioned to protect environmental applicable to review of environmental values; and (2) with respect to the is­ CONNECTICUT LIGHT & POWER CO. considerations for production and utili­ suance of the facility operating license. ET AL. zation facilities for which construction Requests for a hearing and petitions for Facility Operating License; Notice of permits or operating licenses were is­ leave to intervene shall be filed in ac­ sued in the period January 1, 1970-Sep- cordance with the Commission’s rules of Receipt of Application, Considera­ tember 9, 1971. Notice is hereby given, practice in 10 CFR Part 2. tion of Issuance, and Opporunity for pursuant to the Act and the regulations A petition for leave to intervene must Hearing in 10 CFR Part 2, rules of practice, and be filed under oath or affirmation in ac­ Connecticut Light & Power Co., the Appendix D to 10 CFR Part 50 Imple­ cordance with the provisions of 10 CFR Hartford Electric Light Co., Western mentation of the National Environ­ 2.714. As required by 10 CFR 2.714, a Massachusetts Electric Co., and the Mill­ mental Policy Act of 1969, that a petition for leave to intervene shall set stone Point Co. (the applicants), pursu­ hearing will be held in the captioned forth the interest of the petitioner in the ant to section 104(b) of the Atomic proceeding by an Atomic Safety and Li­ proceeding how that interest may be Energy Act of 1954, as amended, have censing Board (Board) at a time and affected by the results of the proceeding, filed an application, which was docketed place to be fixed by subsequent order of and any other contentions of the peti­ on August 14, 1972, together with a final the Board to consider and make deter­ tioner including the facts and reasons safety analysis report, for a license to minations on the. matters set forth why he should be permitted to intervene, operate the Millstone Nuclear Power Sta­ below. with particular reference to the follow­ tion, Unit No. 2, a pressurized water nu­ 1. In the event that this proceeding ing factors: (1) The nature of the peti­ clear reactor (the facility), located at is not a contested proceeding as defined tioner’s right under the Act to be made the Millstone Nuclear Power Station, an by 10 CFR 2.4(n) of the Commission’s a party to the proceeding; (2) the nature rules of practice, the Board will without and extent of the petitioner’s property, approximately 500-acre site on Long conducting a de novo evaluation of the financial, or other interest in the pro- Island Sound in the town of Waterford, application determine whether the en­ ceding; and (3) the possible effect of Conn. vironmental review conducted by the any order which may be entered in the The Atomic Energy Commission (the Commission’s regulatory staff pursuant proceeding on the petitioner’s interest. Commission) will consider the issuance to Appendix D of 10 CFR Part 50 has Any such petition shall be accompanied of a facility operating license to the been adequate. by a supporting affidavit identifying the applicants which would authorize the 2. In the event that this proceeding specific aspect or aspects of the subject applicants to possess, use, and oper­ is a contested proceeding, the Board will matter of the proceeding as to which the ate Millstone Unit No. 2 at steady- decide any matters in controversy among petitioner wishes to intervene and setting state power levels not to exceed 2,560 the parties within the scope of Appendix forth with particularity both the facts megawatts thermal in accordance with D to 10 CFR Part 50, with regard to pertaining to his interest and the basis the provisions of the license and whether, in accordance with the require­ for his contentions with regard to each the technical specifications appended ments of Appendix D to 10 CFR Part aspect on which he desires to intervene. thereto. The license would be issued upon 50, the construction permit should be A petition that sets forth contentions receipt of a report on the applicants’ continued, modified, terminated, or ap­ relating only to m atters outside the juris­ application for a facility operating li­ propriately conditioned to protect en­ diction of the Commission will be denied. cense by the Advisory Committee on Re­ vironmental values. A request for a hearing or a petition actor Safeguards, the submission of a 3. Regardless of whether the proceed­ for leave to intervene must be filed with favorable safety evaluation of the appli­ ing is contested or uncontested, the the Office of the Secretary of the Com­ cation by the Commission’s Directorate Board will, in accordance with section m ission, U.S. Atomic Energy Commission, of Licensing, the Completion of the en­ A .ll of Appendix D to 10 CFR Part 50, Washington, D.C. 20545, Attention: vironmental review required by the Com­ (a) determine whether the requirements Chief, Public Proceedings Staff, or the mission’s regulations in 10 CFR Part 50, of section 102(2) (c) and (D) of NEPA Commission’s Public Document Room, Appendix D, and a finding by the Com­ and Appendix D to 10 CFR Part 50 of the 1717 H Street NW., Washington, DC, not mission that the application for the Commission’s regulations have been com­ later than thirty (30) days from the date facility license, as amended, complies plied with in this proceeding; (b) inde­ of publication of this notice in the Fed­ with the requirements of the Atomic En­ pendently consider the final balance eral R egister. A petition for leave to ergy Act of 1954, as amended (the Act) , among conflicting factors contained in intervene which is not timely will not and the Commission’s regulations in 10 the record of the proceeding with a view be granted unless the Commission deter­ CFR Chapter 1. Construction of the toward determining the appropriate ac­ m ines th at the petitioner has made a facility was authorized by Construction tion to be taken; and (c) determine, substantial showing of good cause for Permit No. CPPR-76 issued by the Com­ after weighing the environmental, eco­ failure to file on time and after the Com­ mission on December 11,1970. nomic, technical, and other benefits m ission has considered those factors Prior to issuance of any operating li­ against environmental costs and con­ specified in 10 CFR 2.714(a). cense, the Commission will inspect the sidering available alternatives, whether If a request for a hearing or petition facility to determine whether it has been the construction permit should be con­ for leave to intervene with respect to the constructed in accordance with the ap­ tinued, modified, terminated, or appro­ issuance of a facility operating license is plication, as amended, and the provi­ priately conditioned to protect environ­ filed within the tim e prescribed in this sions of Construction Permit No. CPPR- mental values. notice, the Commission will issue a notice 76. In addition, the license will not be is­ The Board will be designated by the of hearing or an appropriate order. sued until the Commision has made the Atomic Energy Commission. Notice as to Any person who does not wish to, or findings, reflecting its review of the ap­ its membership will be published in the is not qualified to become a party to this plication under the Act which will be F ederal R egister. Within thirty (30) proceeding concerning continuation, set forth in the proposed license, and days from the date of publication of this modification, termination, or condition­ has concluded that the issuance of the notice in the F ederal R egister, the ap­ ing the construction permit may request license will not be inimical to the com­ plicants may file a request for a hearing permission to make a limited appearance mon defense and security or to the health with respect to issuance of the facility pursuant to the provisions of 10 CFR and safety of the public. Upon issuance operating license and any person whose 2.715. A person making a lim ited appear­ of the license, the applicants will be re­ interest may be affected by this proceed­ ance may only make an oral or written' quired to execute an indemnity agree­ ing may file a petition for leave to statement on the record, and may not ment as required by section 170 of the intervene (1) with respect to whether, participate in the proceeding in any Act and 10 CFR Part 140 of the Com­ considering those matters covered by Ap­ other way. Limited appearances will be mission’s regulations. pendix D to 10 CFR Part 50, the con­ permitted at the time of the hearing in The facility is subject to the provisions struction permit should be continued, the discretion of the Board, within such of section B of Appendix D to 10 CFR modified, terminated, or appropriately limits and on such conditions as may be

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 NOTICES 21455 fixed by the Board. Persons desiring to safety evaluation prepared by the Di­ by Construction Permits Nos. CPPR-45 mn.kp a limited appearance are requested rectorate of licensing; (5) the proposed and CPPR-46, issued by the Commission to inform the Secretary of the Commis­ facility operating license; and (6) the on June 25, 1968. Construction of Unit 1 sion, U S. Atomic Energy Commission, proposed technical specifications, which is anticipated to be completed by Febru­ Washington, D.C. 20545, not later than will be attached to the proposed facility ary 1, 1973, and Unit 2 by February 1, thirty (30) days from the date of pub­ operating license. Copies of items (3) , 1974. lication of this notice in the F ederal (4), and (5) may be obtained by request Prior to issuance of any operating li­ Register. to the Deputy Director for Reactor censes, the Commission will inspect each A person permitted to make a limited Projects, Directorate of Licensing, U.S. facility to determine whether it has been appearance does not become a party, but Atomic Energy Commission, Washington, constructed in accordance with the ap­ may state his position and raise ques­ D.C. 20545. plication, as amended, and the provi­ tions which he would like to have an­ With respect to this proceeding con­ sions of the above noted Construction swered to the extent th a t the questions cerning continuation, modification, Permit. In addition, the licenses will not are within the scope of the hearing as termination, or conditioning the con­ be issued until the Commission has made specified in the issues set out above. struction permit, the Commission will the findings, reflecting its review of the In the event that this proceeding con­ delegate to the Atomic Safety and Li­ application under the Act which will be cerning continuation, modification, ter­ censing Appeal Board the authority and set forth in the proposed licenses, and mination, or conditioning the construc­ the review function which would other­ has concluded that the issuance of the tion permit is not contested, the Board wise be exercised and performed by the licenses will not be inimical to the com­ will convene a prehearing conference of Commission. The Commission will estab­ mon defense and security or to the health the parties within sixty (60) days after lish the Appeal Board pursuant to 10 and safety of the public. Upon issuance this notice of hearing or such other time CFR 2.785 and will make the delegation of the licenses, the applicant will be re­ as may be appropriate, at a time and pursuant to subparagraph (a)(1) of that quired to execute an indemnity agree­ place to be set by the Board. It w ill also section. The Appeal Board will be com­ ment as required by section 170 of the set the schedule for the evidentiary hear­ posed of a Chairman, and two other Act and 10 CFR Part 140 of the Commis­ ing. Notice of the prehearing conference members to be designated by the Com­ sion’s regulations. and the hearing will be published in the mission. Notice as to the membership of The facilities are subject to the pro­ Federal R egister. the Appeal Board will be published in the visions of 10 CFR Part 50, Appendix D, In the event that this proceeding F ederal R egister. section C.3 which sets forth procedures concerning continuation, modification, Dated at Germantown, Md., this 5th applicable to review of invironmental termination, or conditioning the con­ day of October 1972. considerations for production and uti­ struction permit becomes a contested lization facilities for which construction proceeding, the Board will convene a U nited S tates Atomic permits were issued prior to January 1, special prehearing conference of the par­ Energy Commission, 1970. ties to the proceeding and persons who P aul C. B ender, Secretary of the Commission. Within thirty (30) days from the date have filed petitions for leave to intervene, of publication of this notice in the F ed­ or their counsel, to be held within sixty [FR Doc.72-17403 Filed 10-10-72; 8:52 am] eral R egister, the applicant may file a (60) days from the date o f publication request for a hearing and any person of this notice in the F ederal R egister, [Dockets Nos. 50-282, 50-306] whose interest may be affected by this or within such other time as may be proceeding may file a petition for leave appropriate, at a place to be set by the NORTHERN STATES POWER CO. to intervene with respect to the issuance Board for the purpose of dealing with Notice of Consideration of Issuance of of the facility operating licenses. Re­ the matters specified in 10 CFR 2.751a. quests for a hearing and petitions for The Board will convene a prehearing Facility Operating Licenses; Notice leave to intervene shall be filed in accord­ conference of the parties, or their coun­ of Opportunity for Hearing ance with the Commission’s rules of sel, to be held subsequent to any special The Atomic Energy Commission (the practice in 10 CFR Part 2. If a request prehearing conference and within sixty ■Commission) will consider the issuance for a hearing or petition for leave to in­ (60) days after discovery has been com­ of facility operating licenses to the tervene is filed within the time prescribed pleted, or within such other tim e as may Northern States Power Co. (the appli­ in this notice, the Commission will issue be appropriate, at a place to be set by cant) which would authorize the appli­ a notice of hearing or an appropriate the Board for the purpose of dealing with cant to possess, use, and operate the order. the matters specified in 10 CFR 2.752. Prairie Island Nuclear Generating Plant A petition for leave to intervene must Notices of the dates and places cxf the Units 1 and 2, two pressurized water nu­ be filed under oath or affirmation in ac­ special prehearing conference, the pre- clear reactors (the facilities), located on cordance with the provisions of 10 CFR hearing conference, and the hearing will the applicant's site northwest of Red 2.714. As required by 10 CFR 2.714, a be published in the F ederal R egister. Wing, Goodhue County, Minn. Each unit petition for leave to intervene shall set For further details pertinent to the would operate at steady-state power forth the interest of the petitioner in the matters under consideration, see the ap­ levels, not to exceed 1,650 megawatts proceeding, how that interest may be plication for the facility operating license thermal in accordance with the provi­ affected by the results of the proceeding, dated August 10, 1972, as amended, and sions of the license and the technical and any other contentions of the peti­ the applicant’s environm ental report specifications appended thereto. The tioner including the facts and reasons dated November 15, 1971, which are licenses would be issued upon the receipt why he should be permitted to intervene, available for public inspection at the of a report on the applicant’s application with particular reference to the following Commission’s Public Document Room, for facility operating licenses by the Ad­ factors: (1) The nature of the petition­ 1717 H Street NW., Washington, DC, and visory Committee on Reactor Safeguards, er’s right under the Act to be made a at the Waterford Public library, Rope the submission of a favorable safety party to the proceeding; (2) the nature Ferry Road, Route 156, Waterford, Conn. evaluation on the application by the and extent of the petitioner’s property, 06385. As they become available, the fol­ Commission’s Directorate of Licensing, financial, or other interest in the pro­ lowing documents also will be available at the completion of the environmental re­ ceeding; and (3) the possible effect of the above locations: (1) The report of the view required by the Commission’s regu­ any order which may be entered in the Advisory Committee on Reactor S afe­ lations in 10 CFR Part 50, Appendix D, proceeding on the petitioner’s interest. guards on the application for facility and a finding by the Commission that the Any such petition shall be accompanied operating license; (2) the Commission’s application for the facility licenses, as by a supporting affidavit identifying the draft detailed statement on environmen­ amended, complies with the requirements specific aspect or aspects of the subject tal considerations pursuant to 10 CFR of the Atomic Energy Act of 1954, as matter of the proceeding as to which Part 50, Appendix D; (3) the Commis- amended (Act), and the Commission’s the petitioner wishes to intervene and sion’g final detailed statement on en­ regulations in 10 CFR Chapter 1. Con­ setting forth with particularity both the vironmental considerations; (4) the struction of the facilities was authorized facts pertaining to his interest and the

FEDERAL REGISTER. VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21456 NOTICES basis for his contentions with regard to postponed from October 25,1972 (37 F.R. of Costa Rica to enter into consultations each aspect on which he desires to inter­ 20049, September 23, 1972), to Octo­ concerning exports to the United States vene. A petition that sets forth conten­ ber 30, 1972, at 10 a.m. (local time) in of cotton textile products in Categories tions relating only to matters outside Room 726, Universal Building, 1825 Con­ 53 and 61 produced or manufactured in the jurisdiction of the Commission will necticut Avenue NW., Washington, DC. Costa Rica. Since no solution was mu­ be denied. tually agreed upon, the U.S. Government Dated at Washington, D.C., October 4, in furtherance of the objectives of, and A request for a hearing or a petition 1972. for leave to intervene must be filed with under the terms of, the Long-Term the Office of the Secretary of the Com­ [seal] H enry Whitehouse, Arrangement Regarding International mission, United States Atomic Energy Administrative Law Judge. Trade in Cotton T extiles done at Geneva Commission, Washington, D.C. 20545, At­ [FR Doc.72-17328 Filed 10-10-72;8:48 am] on February 9, 1962, including Article 3, tention: Chief, Public Proceedings Staff, paragraph 3, and Article 6(c) relating to or the Commission’s Public Document nonparticipants, established restraints Room, 1717 H Street, NW., Washington, [Docket No. 22628; Order 72-9-89] at levels of 29,400 dozen for Category 53 DC, not later than thirty (30) days from and 89,250 dozen for Category 61 for the INTERNATIONAL AIR TRANSPORT 12-month period beginning October 1, the date of publication of this notice in ASSOCIATION the F ederal R egister. A petition for leave 1971, and extending through Septem­ to intervene which is not timely will not Order Relating to Fare Matters; ber 30, 1972. (See 36 F.R. 23096.) be granted unless the Commission deter­ Correction On September 29, 1972, the United mines that the petitioner has made a States Government informed the Gov­ substantial showing of good cause for Adopted by the Civil Aeronautics ernm ent of Costa R ica th at it was renew­ failure to file on time and after the Com­ Board at its office in Washington, D.C. ing for an additional 12-month period, mission has considered those factors on the 25th day of September, 1972. beginning October 1,1972, and extending specified in 10 CFR 2.714(a). Agreement C.A.B. 22068 ; R-33. through September 30,1973, the restraint For further details pertinent to the The above order printed in the F ed­ on cotton textile products in Category 53 matters under consideration, see the ap­ eral R egister on page 20741 of the issue only, produced or manufactured in Costa plication for the facility operating li­ for Tuesday, October 3, 1972, should be Rica. Pursuant to Annex B, paragraph 2, censes dated January 28, 1971, as Order 72-10-1 and the adoption date of the Long-Term Arrangement, the amended, and the applicant’s environ­ should be October 2,1972. level of restraint for this 12-month pe­ mental report dated November 5,1971, as By the Civil Aeronautics Board. riod is 5 percent greater than the level supplemented, which are available for of restraint applicable to Category 53 for public inspection at the Commission’s [seal] Harry J. Zink, the preceding 12-month period. Public Document Room, 1717 H Street Secretary. There is published below a letter of NW., Washington, DC, and at the En­ [FR Doc.72-17327 Filed 10-10-72:8:48 am] October 5, 1972, from the Chairman of vironmental Library of Minnesota, 1222 the Committee for the Implementation Southeast Fourth Street, Minneapolis, of Textile Agreements to the Commis­ MN 55414. As they become available, the sioner of Customs, directing that the following documents also will be avail­ amount of cotton textile products in able at the above locations: (1) The re­ CIVIL SERVICE COMMISSION Category 53, produced or manufactured port of the Advisory Committee on Reac­ PRINTING MANAGEMENT SPECIALIST, in Costa Rica, which may be entered or tor Safeguards on the application for NATIONWIDE withdrawn from warehouse for consump­ facility operating licenses; (2) the Com­ tion in the United States for the 12- mission’s draft detailed statement on en­ Manpower Shortage; Notice of Listing month period beginning October 1, 1972, be limited to the designated level. vironmental considerations pursuant to Under the provisions of 5 U.S.C. 5723, 10 CFR Part 50, Appendix D; (3) the the Civil Service Commission found a Stanley Nehmer, Commission’s final detailed statement on Chairman, Committee for the environmental considerations; (4) the manpower shortage on September 19, 1972, for positions of Printing Manage­ Implementation of Textile safety evaluation prepared by the Di­ Agreements, and Deputy As­ rectorate of Licensing; (5) the proposed ment Specialist (for applicants with a baccalaureate degree with a major in sistant Secretary for Re­ facility operating licenses; and (6) the sources. technical specifications, which will be at­ Printing Management), GS-1654-7/11, tached to the proposed facility operating Nationwide. Committee for the I mplementation of licenses. Assuming other legal requirements are Textile Agreements Copies of items (1), (3), (4), and (5) met, the agency may pay the expense Commissioner of Customs, may be obtained by request to the Deputy of travel and transportation to first post Department of the Treasury, Director for Reactor Projects, Director­ of duty for appointees to these positions. Washington, D.C. ate of Licensing, U.S. Atomic Energy U nited S tates Civil S erv­ October 5, 1972. Commission, Washington, D.C. 20545. ice Commission, Dear Mr. Commissioner: Under the terms [seal] J ames C. S pry, of the Long-Term Arrangement Regarding Dated at Bethesda, Md., this 6th day International Trade in Cotton Textiles done of October 1972. Executive Assistant to at Geneva on February 9, 1962, including the Commissioners. Article 6(c) thereof relating to nonpartici­ For the Atomic Energy Commission. [FR Doc.72-17396 Filed 10-10-72;8:51 am] pants, and in accordance with the procedures A. Giambusso, of Executive Order 11651 of March 3, 1972, Deputy Director for Reactor you are directed to prohibit, effective as soon as possible, and for the 12-month period be­ Projects Directorate of Li­ ginning October 1, 1972, and extending censing. COMMITTEE FOR THE IMPLEMEN­ through September 30, 1973, entry into the [FR Doc.72-17402 Filed 10-10-72;8:52 am] United States for consumption and with­ drawal from warehouse for consumption of TATION OF TEXTILE AGREEMENTS cotton textile products in Category 53, pro­ CIVIL AERONAUTICS BOARD CERTAIN COTTON TEXTILE PRODUCTS duced or manufactured in Costa Rica, in ex­ PRODUCED OR MANUFACTURED IN cess of a level of restraint for the period [Docket No. 23542] of 30,870 dozen. . COSTA RICA In carrying out this directive, entries oi ATC BYLAWS INVESTIGATION cotton textUe products in Category 53, pro­ Entry or Withdrawal From Warehouse Postponement of Hearing duced or manufactured in Costa Rica, wbicn for Consumption have been exported to the United States from Notice is hereby given that, because Costa Rica prior to October 1, 1972, shall, to of a conflict involving one party and to October 5, 1972. the extent of any unflUed balances, d serve the convenience of at least two On October 1, 1971, the United States charged against the level of restraint ©stab* others, the hearing in this proceeding is Government requested the Government lished for such goods during the period

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 NOTICES 21457 October 1, 1971, through September 30, 1072. Certificate Certificate In the event that the level of restraint estab­ No. Owner /Operator and Vessels No. Owner/Operator and Vessels lished for that period has been exhausted by 02935__ Cable and Wireless Ltd. : 06516__ Stott, Mann & Co., Ltd.: previous entries, such goods shall be subject Mercury. Calvados. to the level set forth in this letter. 02959-— Kokuyo Kalun K.K.: 06671— Kitanihon Kisen Kabushiki Kai- A detailed description of Category 53 in Kinukawa Maru. shiya: . terms of T.S.U.S.A. numbers was published 02977__ J. Ray McDermott & Co., Inc.: Oji Maru No. 1. in the Fédérai, Register on April 29, 1972 (37 McDermott Tidelands 08. 06709— Ah jin Haewoon Jushik Hoesa: FR. 8802). 02982__ The Shipping Corp. of India Ltd.: Yongjin. In carrying out the above directions, entry State of Meghalaya. 06799— Compagnie Generale Transbal- into the United States for consumption shall 03047__ E. I. du Pont de Nemours & Co.: tique: be construed to include entry for consump­ EIDC-8. Sibelius. tion into the Commonwealth of Puerto Rico. 03471__ Nippo Kisen Kabushiki Kaisha: 07067— Liberian Dove Transports, Inc.: The actions taken with respect to the Queen Venture. Eastern Treasure. Government of Costa Rica and with respect 03501__ Osaka Shosen Mitsui Senpaku K. 07075— _ Federal Off-Shore Services Ltd.: to imports of cotton textiles and cotton K.: Mary B VI. textile products from Costa Rica have been New York Maru. Cathy B. determined by tbe Committee for the Imple­ 03509— Taiyo Shosen K. K.:' Janie B, mentation of Textile Agreements to involve Pegasus No. 1. 07113— Cape Sable Shipping, Ltd.: foreign affairs functions of the United States. 03546— A/S Mosvolds Rederi: Cape Sable. Therefore, the directions to the Commis­ Mosbrook. 07129— Cape Cod Maritime Ltd.: sioner of Customs, being necessary to the 03720— Global Marine Inc.: Cape Cod. implementation of such actions, fall within Hughes Glomar Explorer. 07198— Navarino Shipping Go. Ltd.: the foreign affairs exception to the rule mak­ 03923— Shinwa Kaiun Kabushiki Kaisha: Aegis Bounty. ing provisions of 5 U.S.C. 553. This letter will Shinen Maru. 07203— Nava Shipping Co., Ltd.: be published in the Federal Register. Shinyu Maru. Alexandros T. Sincerely, Yawata Maru. 07207— Althea Maritime Corp.: S tanley Nehm er, Tojo Maru. Aeolos. Chairman, Committee for thé Imple­ 03933— Newdigate Steamship Co., Ltd.: 07217— Prodos Compañía Naviera, S.A.: mentation of Textile Agreements, Erisort. Marigo. and Deputy Assistant Secretary 04046— A/S Mosbulkers: 07218— Juno Maritime Corp.: for Resources. Mosfield. Comet. 04087__ Merichem Co.: 07236— Independent Marine Transport, IFRDoc.72—17411 Filed 10-10-72;8:52 am] NMS 1400. Inc.: 04088— Petrolane Offshore Construction Peter Reiss. Services Inc.: John Purves. Alligator. 07240__ Swan Steamship Co., S.A.: 04413— Leif Hoegh & Co. A/S: Asia Falcon. FEDERAL MARITIME COMMISSION Hoegh Vedette. 07244__ Three Rivers Shipping Co., Ltd..* CERTIFICATES OF FINANCIAL 04462— Empresa Nacional “Elcano” De La. Buenos Aires. 07249— RESPONSIBILITY (OIL POLLUTION) Marina Mercante S.A.: Astrofeliz Armadora S.A.: Castillo Manzanares. Vasso. Notice of Certificates Issued 04567— Ken Hieng Navigation (Panama) 07250__ Astrocamino Armadora S.A.: Corp., S.A.: Pacific Colocotronis. Notice is hereby given that the follow­ Kensei. 07251— Fundadora Armadora S. A.: ing vessel owners and/or operators have 04601— American Tunaboat Association: Aspasela. established evidence of financial respon­ Anna Maria. 07252— Hidalgo Atlántico Navegación City of Lisbon. S.A.: sibility, with respect to the vessels indi­ City of Panama. Natal. cated, as required by section ll(p )(l) 04623— Seaspan International Ltd.: 07253__ Oxford Shipping Inc.: of the Federal Water Pollution Control Doris Yorke. Lord Frontenac. Act, as amended, and, accordingly, have Greg Yorke. 07256— Tiha Inc.: been issued Federal Maritime Commis­ 04625— American Commercial Lines, Inc.: Atlantic Carrier. Pat Breen. 07258— Kee Yeh Navigation (Panama) sion Certificates of Financial Responsi­ 04637— McAllister Bros. Inc. (New York): Corp. S.A.: bility (Oil Pollution) pursuant to Part McAllister 128. Kee Lee. 542 of Title 46CFR. 05245__ Blaesbjerg & Co.: 07265__ Kitanihon Gyogyo Kabushiki Arctic Scan. Kaisha: Certificate 05471— Belcher Oil Co.: Yusho-Maru No. 2. No. Owner/Operator and Vessels Belcher No. 24. 07266__ Hamaya S u i s a n Kabushiki 01027— Flensburger Befrachtungskontor 05505__ Marmanosa Compania Naviera Kaisha: Uwe C. Hansen & Co. S.A.: Eikyu-Maru No. 82. Volta Venture. Pantokrator. 07267__ Taiheiyo S u i s a n Kabushiki 01062— Mayfair Tankers, Ltd.: 05617— Maritima Del Norte, S.A.: Kaisha: Mayfair Loyalty. Sierra Jar a. Hatsue Maru No. 55. 01088— Schulte & Bruns: 05713— W. B. Enterprises, Inc.: Hatsue Maru No. 38. Use Schulte. W-8. 07268__ Kabushiki Kaisha Shinya Shoten: 01428___ The Ocean Steam Ship Co., Ltd.: 05735— Solstad Rederi: Shintoku Maru No. 25. Antenor. Concordia Form. 07269— Nemuro Dailchi Gyogyo Seisan 01713— EgeriaS.P.A.—Palermo: Kumiai: Gherenuk. 05816— Allan B. Hyde & Meade D. Hyde: Hybur Transport. Fukuyoshi-Maru No. 75. 01861.. . BP Tanker Co., Ltd.: Hybur. Fukuyoshi-Maru No. 85. British Dart. 07270.._ Maruhon Suisan Kabushiki 02039.. . “GRYF” Deep Sea Fishing Co.: 05862— World Tide Shipping Corp.: Shomron. Kaisha: Buran. Ebisu-Maru No. 88. 02179— Globtik Tankers International 06347__ Marlineas Mundiales S.A.: 07271— Sasaki Junzo: Ltd.: Pioneer. Mito Maru No. 82. Tundra Breeze. 06435__ DampSkibsaktieselskabet Den 07272__ Tenyo Gyogyo Kabushiki Kaisha: 02198— The Peninsular & Oriental Steam Norske Afrika-OG Australie- Tenyo Maru No. 25. Navigation Co.: linie, Wilhelmsens Dampski- 07273— Nemuro Kaiyogyogyo Seisan Garmula. bsaktieselskab, A/S Tonsberg, Kumiai: 02332.. . Lykes Bros. Steamship Co., Inc.: A/S Tankfart, I, A/S Tankfart Tsune Maru No. 31. Almeria Lykes. IV, A/S Tankfart V, A/S 07274— Shinya Tetsuzo: 02575.. . Sandra Shipping Co., Ltd.: Tankfart IV: Shinko-Maru No. 3. Aurora. Tricolor. 07275__ Kabushiki Kaisha Wataral Shoten: fl2831— Ednasa Co. Ltd.: 06510— Compagnie Nationale Algerienne Koshin Maru No. 11. Lennia. De Navigation C.N.A.N.: 07276__ Anglo-Paoific Line Ltd.: Lalinda. Ibn Bad is. Biak Maru.

FEDERAL REGISTER VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21458 NOTICES

Certificate Certificate Certificate No. Owner/Operator and Vessels No. Owner/Operator and Vessels No. Owner/Operator and Vessels 07277__ Cape Hatteras Shipping Co., Inc.: 02501— Standard Oil Co. of California: 06805__ Spartan Pride Shipping Co. Ltd,: Cape Hatteras. Hawaii Standard. Aris. 07280__ Angelbros Compania Naviera S.A.: 02625— Partenreederei M.V. Anita: 06841__ Southeast Tanker Co.: Theoris. Anita. Aquario. 07281__ Stylco Comp. Naviera S.A.: 02976-__ Arthur-Smith Corp.: 06943__ Alphard Navigation Corp.: Brothers. J.T.S. 600. Tychos. 07282__ I. S. Joseph Shipping Co. (Li­ 02990— Tota Shipping Co. S.A. Panama: 07071__ Epidavros Shipping Co. Ltd.: beria) Ltd.: Navishipper. Tagma. Anna K. 03128— Global Seas Znc.: 07283__ Evergreen Line S.A.: Tichi. By the Commission. Ever Welfare. 03153-„ Caprice Navigation Corp.: F rancis C. Hurney, Ever Nobility. Tigris. Ever Lucky. 03154— Valiant Navigation Corp.: Secretary. 07284__ Laxia Shipping Co. Ltd. : Delfini. [FR Doc.72-17330 Filed 10-10-72;8:49 am] San George. 03156— Deneb Navigation Corp.: 07286__ Halifax Shipping Co. Ltd. : Trechon. *»• Halifax. 03158— Aquarius Navigation Corp.: 07292__ Hinode Kisen Co. Ltd.: Taktikos. Tootniwaka Maru No. 8. 03161— Andromeda Navigation Corp.: FEDERAL POWER COMMISSION 07293__ Hellespont Shipping Co. Ltd. : Triena. [Docket No. G-7009 etc.] Kimon. 03428— Hachiuma Kisen K.K.: 07294__ Aetos Shipping Co. Ltd. S.A.: Malay Maru. CITIES SERVICE OIL CO. ET AL. Ithaki Castle. 03458— Matsuoka Kisen K.K.: 07295__ Andina Compania Naviera S.A.: Andes Maru. Notice of Applications for Certificates, Ithaki Reefer. 03459— Meiji Kaiun K.K.: Abandonment of Service and Peti­ 07296__ Astroleal Compania Naviera S.A.: Meiten Maru. Ithaki Island. 03471— Nippo Kisen K.K.: tions To Amend Certificates1 07300__ Kemira Oy: Homei Maru. October 3,1972. Kotkanieml. 03518— Tokyo Senpaku K.K.: 07301__ Alimar Compania Naviera S.A. Kyoto Maru. Take notice that each of the Appli­ Panama: 03561__ Skibsaksjeselskapet “Solvang”: cants listed herein has filed an applica­ Annitsa Carras. Kongsborg. tion or petition pursuant to section 7 of 07303__ Panfam Navigation Co., Ltd.: 03727— Continental Oil Co.: the Natural Gas Act for authorization to Karyatis. CAGC No. 1. sell natural gas in interstate commerce or 07306__ Kong Heung'Industrial Co., Ltd.: CAGC No. 2. to abandon service as described herein, Kum Yong No. 103. 03841— American Export Lines: all as more fully described in the respec­ 07312__ Tetien Navigation Co., Ltd.: Expeditor. Tetien. 03979— Moran Towing Corp.: tive applications and amendments which 07323__ Pamphilos Shipping Co., Ltd.: Moran 106. are on file with the Commission and open Marathon. 04009— Kameve Cia. Nav. S.A.: to public inspection. 07324._Voleon Navigation Co., Ltd.: Aegis Star. Any person desiring to be heard or to Atticos. 04088__ Petrolane Offshore Construction make any protest with reference to said Services, Inc.: By the Commission. applications should on or before Octo­ Packer Jet Barge II. ber 30, 1972, file with the Federal Power F rancis C. Hurney, 04394— Philippine President Lines, Inc.: Liberty Three. Commission, W ashington, D.C. 20426, pe­ Secretary. President. titions to intervene or protests in accord­ [FR Doc.72-17329 Filed 10-10-72;8:48 am] President Macapagal. ance with the requirements of the Com­ President Marcos. mission’s rules of practice and procedure President Osmena. <18 CFR 1.8 or 1.10). All protests filed CERTIFICATES OF FINANCIAL President Quezon. w ith th e Commission will be considered RESPONSIBILITY (OIL POLLUTION) 04484— . Choshi Maguro Gyogyo Seisan by it in determining the appropriate ac­ Kumiai: tion to be taken but w ill not serve to make Notice of Certificates Revoked Itomaru No. 18. 04526— Eifuku Gyogyo Kabushiki Kaisha: the protestants parties to the proceeding. Notice of voluntary revocation is Eifukumaru No. 18. Persons wishing to become parties to a hereby given with respect to Certificates 04644— Koberg Corp. Ltd.: proceeding or to participate as a party of Financial Responsibility (Oil Pollu­ Koberg. in any hearing therein must file peti­ 05046— Magnolia Marine Transport Co.: tions to intervene in accordance with the tion) which had been issued by the Fed­ Levi. eral Maritime Commission, covering the Commission’s rules. Quin. Take further notice that, pursuant to below-indicated vessels, pursuant to Part Waring. 05573— Companhia De Navegacao Car- the authority contained in and subject 542 of Title 46 CFR and section 11 (p) (1) regadores Acoreanos: to the jurisdiction conferred upon the of the Federal Water Pollution Control Ribeira Grande. Federal Power Commission by sections Act, as amended. 05576— Aeas Compañía Naviera S.A.: 7 and 15 of the Natural Gas Act and the Certificate Aeas. Commission’s rules of practice and pro­ No. Owner/Operator and Vessels 05746__ Camp anella Corp.: 01185__ Aksjeselskapet Kosmos: Pittsburgh. cedure a hearing will be held without fur­ Jagarda. PRR44. ther notice before the Commission on all Jaricha. U701. 05800— Partenreederei MS ¡Brunskappel: applications in which no petition to in­ 01426__ Kuwait Shipping Co. (S.A.K.) : tervene is filed within the time required Al Mubarakiah. Brunskappel. 01437__ Carlton Steamship Co. Ltd.: 05890— Enterprise Shipping Co. Ltd.: herein if the Commission on its own re­ Lynton. Robert Clifton. 06369—. Spartan Endeavour Shipping Co. view of the matter believes that a grant 01448__ Burnside Shipping Co. Ltd.: of the certificates or the authorization Simonburn. Ltd.: 01570__ Rimnes Compania Naviera SA.: Tachys. for the proposed abandonment is re­ Panagiotis Xilas. 06370— Pisces Navigation Corp.: quired by the public convenience and 01884_- Northern Barge Line Co.: P Tekton. NBL-2. 06371__ Aires Navigation Corp.: 02198__ ; The Peninsular & Oriental Steam Tropis. * This notice does not provide for consolida­ Navigation Co. : 06509---- River Transportation Inc.: tion for hearing of the several matters cov­ Northumberland. T—200. ered herein.

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 NOTICES 21459 necessity. Where a petition for leave to Under the procedure herein provided [Docket Nos. CP72-5, CP72-170] intervene is timely .filed, or where the for, unless otherwise advised, It will be Commission on its own motion believes unnecessary for Applicants to appear or MOUNTAIN FUEL SUPPLY CO. AND that a formal hearing is required, fur­ be represented at the hearing. COLORADO INTERSTATE GAS CO. ther notice of such hearing will be duly K enneth R P lumb, Order Granting Portion of Petition To given. Secretary. Amend Prior Order, Granting Inter­ ventions and Setting Dates for Sub­ Docket No. Price Pres­ and Applicant Purchaser and location per Mcf sure mittal of Evidence and for Hearing date filed base October 2, 1972. G-7009____ _ Cities Service Oil Co., Tost Office Columbia Gas Transmission "Corp., Nonproductive On August 28, 1972, Colorado Inter­ D 9-26-72 Box 360, Tulsa, OK 74162. Big Sandy Field, various counties, state Gas Co., a division of Colorado , Ky. Interstate Corp. (CIG), filed a petition CI67-J.619___ _ General American Oil Co.-of Texas Michigan Wisconsin Pipe Line Co., 21.7241 15.025 E 9-16-72 (successor to Austral Gas Co.),1800 Lawson Field, Acadia Parish, La. to amend the Commission’s order issued First National Bank Bldg., August 11, 1972, in Docket Nos. CP72-5 Dallas, Tex. 76266. CI70-149____ Forest Oil Corp., 1300NationalBank Columbia Gas Transmission Corp., 35.0 15.025 and CP72-170. In addition, CIG applied A 9-20-72 oi Commerce, Ban Antonio, Tex. Blocks 255 and 256 Fields, Ver­ for temporary authority and requested a 78206. milion area, Offshore Louisiana. shortened notice period. CI71-1Q5_____Petro-Lewis Corp. (successor to United Gas Pipe Line Go., Sunrise 22.375 15.025 E 9-31—72 Monterey Pipeline Co.), 1600 Field, Terrebonne Parish, La. On May 24,1972, the Commission con­ Broadway, Denver,’.CO 80202. solidated a section 7(a) application by CI71-665___ _ King Resources Go., 100 Security Northern Natural Gas Co., Gomez « D 9-18-72 life Bldg.,Denver, Colo. 80202. Field, Pecos County, Tex. Mountain Fuel Supply Co. (Mountain CI73-198__ ... Gulf OihCorp., Post Office Box 1589, Tennessee Gas Pipeline Co., a divi- Depleted Fuel) in Docket No. CP72-5 with sec­ B 9-16-72 Tulsa, OK 74102. -sion of Tenneco Inc., (North tion 7(c) applications by CIG in Docket Louise Field, Wharton County, Tex.). Nos. CP72-170 and CP72-210. The CI78-199-----— Belco Petroleum Corp., 2100 First Oklahoma Natural Gas Co., Major Depleted May 24, 1972, order as modified by a B 9-18-72 City National Bank Bldg., Hous­ ■County, Okla. ton, Tex. 77002. July 7, 1972, order authorized CIG to CI73-200------Midwest Oil Corp., 1700 Broadway, Northern Natural Das Co., David­ *30.0 14.65 construct facilities proposed in Docket A 9-18-72 Denver, CO 80202. son Rauch Area, Crockett Coun­ No. CP72-170. On August 11, 1972, the ty, Tex. CI73-2OT.—_— Mobil Oil Corp., Post Office Box Southern Natural Gas Co., Main *26.0 16.025 Commission at Docket Nos. CP72-5 and A 9-18-72 1774, Houston, TX 77001. Bass Block 122 and 133 Field, On­ CP72-170 authorized CIG to operate the shore (Federal) /Louisiana. CI73-202------Pennzoil Co. ,.900 Southwest Tower, Northern Natural Gas Co., Quito *37,0 14.66 aforementioned facilities and to make A 9-19-72 Houston, Tex. 77002. . Area, Ward County, Tex. peak day sales of 1,304,499 Mcf. In addi­ CI73-203...... Pioneer Production Corp., Post Texas Eastern Transmission Corp,, 16.0654063 14,65 tion CIG was ordered to sell and deliver A 9-16-72 * Office Box 2642, Amarillo, TX South Bird Island Field, Kleberg 79105. County, Tex. up to 1,500 Mcf per day to Mountain CI73-206------Deposit Guaranty National Bank, United Gas Pipe Line Co., Pistol Depleted Fuel for a period of 20 years. B 9-19-72 Executor, Estate of Joe -W. Ridge, Pearl River, Miss. Latham, Post Office Box 1200, CIG now requests that the Commis­ Jackson, MS 39205. sion amend the order issued August 11, CI73-206------dries Service Oil Co., Post Office Consolidated Gas Supply Corp., 40.0 15.325 A 9-21-72 Box 300, Tulsa, OK 74102. island Creek Coal C Well No. 4, 1972, to authorize an increase in peak acreage in Big Creek District, day deliveries from 1,304,499 to 1,320,- McDowell County, W. Va. 271 Mcf. This proposed increase in peak CI73-207------RalphJH. Meriwether, Ted Collins, Northern Natural Gas Co., Gomez (») B 9-18-72 Jr., Robert E. Tucker, Jr., 1006 (Ellenburger) Field, Pecos day deliveries would be to the following Midland National Bank Bldg., County, Tex. types of customers: „T„ , Midland, Tex. 79701. °2^208...... - Skelly Oil Co., Post OfficeBox 1650, Arkansas Louisiana Gas Co., Bar- Depleted Peak Day Increase B 9-21-72 Tulsa, OK 74102. ham Unit, Simsboro Field, Type of Customer (Decrease) Mcf ...... Texas Oil & Gas Corp., Fidelity Colorado Interstate Gas Co., Divi­ «21.32 14.65 Residential and Commercial______16,152 A 9-21-72 Union Tower Bldg., Dallas, Tex. sion of Golorado Interstate Corp,, Electric Generation______l, 820 76201. Laverne Field, Harper County, Industrial Process______(2, 200) Okla. ^7^211------Champlin Petroleum Co., Post OJ- El Paso Natural Gas Co., Eddy *30.0 14.65 A 9-22-72 fice Box 9366, Fort Worth, TX County, N. Mex. T o ta l______15,772 76107. —— Stephens Production Co., 116 North Arkansas Louisiana Gas Co., Kinta 23.75 1466 As indicated above, the primary use of 12th St., Fort Smith, AR 72901. Field, Le Flore County, Okla. the increased peak day sales will be resi­ /mSci?;;----- Dwight 6. Ramsay (successor to United Gas Pipe Line Co., South »21.25 15.025 Si „ ) King Resources Co.), Post Office Bourg Field, Terrebonne Parish, dential and commercial which should be Box 52027> Lafayette, L 70601. La. approved. However, included in the pro­ ----S.S.C. Gas Producing Co. (successor United Gas Pipe Line Co., Strauch- *24.8472 1465 vnm «i Pennsoil Producing Co. et al), Wilcox Field, Bee County, Tex. posed amendment are sales increases to i 9-21-72 Post Office Box 292, Pettus, TX Greeley Gas Co. (Greeley) of 60 Mcf 78146. per day and 1,820 Mcf per day for indus­ Tenneco Oil Co., Post Office Box Tennessee Das Pipeline Co., Hagist 24.25 1465 m«9^ 72 2511, Houston, TX 77001. Ranch Field, Duval County, Tex. trial process use and electric generation, 7 *!®...... , Amoeo Production Co., Post Office Natural Gas Pipe Line Co. of *36.8 15.025 respectively, and to Ideal Cement Co. A 9-26-72 Box 591, Tulsa, OK 74102. America, West Johnson Bayou Field. Cameron Parish, La. (Ideal) of 800 Mcf per day for industrial — Humble Oil & Refining Co., Post Columbia Gas-Transmission Corp., 36.0 15.025 process use. In light of the current na­ a 9-26-72 Office Box 2180, Houston, TX Pecan Island Field, Vermilion 77001. Parish, La. tional gas supply situation, these pro­ posed sales increases to Greeley and Hling code: A—Initial-service. Ideal should be more closely analyzed, B—Abandonment. particularly as to (1) the necessity of 'O—Amendment to add acreage. D—Amendment to delete acreage. these increases, (2) the ultimate end E—Succession. use of the gas involved, and (3) the alter­ F—Partial succession. natives available. Accordingly, a hearing oijas has never commenced from the subject acreage, and the deletion of this acreage from the cer- will be held to develop a complete record , Jsermit the acreage to be developed in connection with other land for the production of gas. , “““Ject to upward and downward B.t jl adjustment. concerning these proposed increases. «vftr ^ iI0antJs 'wiUihg to accept a certificate at an initial rate of 27 cents per Mcf subject to B.t.u. adjustment: how- The granting of CIG’s petition except * An v C0ntract Price is 37 cents per Mef. Oil .proposee to.eovar its own interest in the sale of natural gas heretofore authorized to be made by Carrl as to the specific sales increases to V’^^ ,a©«cant for a smaliproducer certificate. Greeley and Ideal renders CIG’s request Nos TeirCollings, Jr., and Robert £E. Tucker, small producer eertificate holders in Dockets for temporary relief moot. acreatr« »n+wYrS71-i ! a n d C871-1044, respectively, seek permission and approval to release nonproductive ‘ AnnSo deluded in a drilling unit for an additional well to be drilled in the Gomez Field, Notice of CIG’s petition was issued the . W1.111i^ 40 accept a certificate at an initial/rate of 21.32 cents subject to B.t.u. adjustment: however, j -p^act price is 25 cents. August 30, 1972, and published in the • AnSi eFect to refund In RI71-473. F ederal R egister on September 1, 1972 E. Fair e r ’ pr°Poses to cover its own interest in the sale of natural,gas heretofore authorized to be made by Ralph (37 F.R. 17868), September 11, 1972, was an. me., now holder of a small producer certificate. set as the date by which all protests and [FR Doc.72-17242 Filed 10-10-72:8:45 am] petitions to intervene were to be filed.

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21460 NOTICES

A joint petition to intervene in support Appendix A—Continued tendered for filing two sets of revised of CIG was timely filed by Public Service tariff sheets to its FPC Gas Tariff, Sixth Peak day Peak day Revised Volume No. 1, proposed to be­ Co. of Colorado, Western Slope Gas Co., authorized authorized The Pueblo Gas and Fuel Co., and Chey­ 8-11-72 this order come effective on November 1,1972. One enne Light, Fuel and Power Co. set of revised tariff sheets contains pro­ The Commission orders: posed changes in rates and charges which (A) The order issued August 11, 1972, would increase annual revenues for juris­ (.Mcf) (M cf) dictional sales and service in the amount in Docket Nos. CP72-5 and CP72-170 is Rate Schedule SG-1: hereby amended to permit the increased City of Walsenburg, Colo.. 2,000 2,000 of $2,929,728, of which $2,044,485 is based peak day sales by Colorado Interstate Eastern Colorado Utility upon purchased gas costs and $885,243 Co...... 2,200 2,100 Gas Co. indicated on the attached Ap­ Town of Keyes, Okla____ 400 400 is based upon advance payments in the pendix A. In all other respects the order amount of $10 m illion which Southern Total Rate Schedule remains unchanged. SG-1...... 4,600 4,500 states it anticipates it will make in Octo-i (B) Pursuant to the authority con­ ber 1972. The other set of tariff sheets, Rate Schedule P-1: designated “Alternative Proposed Tariff tained in and subject to the jurisdiction Cheyenne Light, Fuel & conferred upon the Federal Power Com­ Power Co______:__ ._ 47,936 60,010 Sheets,” reflects only the increased pur­ Citizens Utilities Co___— 24,867 23,676 chased gas costs. The proposed revenue mission by sections 7 and 15 of the Natu­ Kansas-N ebraska Natural ral Gas Act and the Commission’s rules Gas Co., Inc...... 21,000 21,000 increases are over and above the rates of practice and procedure, a hearing will Mountain Fuel Supply Co______1,500 and charges which became effective on Raton Natural Gas Co___ 6,298 6,200 be held before a duly designated Admin­ Western Slope Gas Co____ 196,421 194,695 October 1, 1972, subject to refund in istrative Law Judge commencing at 10 Dockets Nos. RP72-91 et al. Total Rate Schedule In the event that the anticipated ad­ a.m. (E.d.t.) on October 26, 1972, in a P - l_ „ ...... 296,521 296,980 hearing room of the Federal Power Com­ vance payment agreements have not mission, 441 G Street NW., Washington, Rate Schedule PS-1: been executed by October 21, 1972, Cheyenne Light, Fuel & DC 20426 for the purpose of determining Power Co...... — 839 500 Southern says it w ill immediately notify whether increased peak day sales by Citizens Utilities Co_____ 1,208 .. the Commission, and thereupon, it re­ City of Colorado Springs, quests: (i) That the Alternate Proposed Colorado Interstate Gas Co. to Greeley Colo...... 36,767 42,000 Gas Co. of 1,880 Mcf per day and to Ideal City of Fort Morgan, Colo.. 2,400 2,400 Tariff Sheets become effective Novem­ City of Trinidad, Cólo____ 1,240 1,300 ber 1, 1972, reflecting only the increased Cement Co. of 800 Mçf per day would Greeley Gas C o...... 1,160 1,160 serve the public convenience and neces­ Northern Natural Gas Co. purchased gas costs; and (ii) that the sity. (Peoples Division)1...... - 7,500 6,890 first set of tariff sheets be suspended un­ Public Service Co. of (C) The above-named petitioners to Colorado...... 119,209 123,427 til the tim e such advance payment intervene are permitted to intervene in Pueblo Gas & Fuel Co_____ 8,242 7,000 agreements have been executed. Raton Natural Gas Co...... 3,702 3,600 Southern states that the reasons for this proceeding subject to the rules and Western Gas Interstate Co__ 693 732 regulations of the Commission: Provided, Western Slope Gas Co...... 43,560 35,908 the proposed rate increases are: (1) The increased cost of gas supply resulting however, That the participation of such Total Rate Schedule interveners shall be limited to matters PS-1...... 226,620 224,917 from the “millage adjustment” filed by affecting asserted rights and interests as United Gas Pipe Line Co. on August 18, Rate Schedule H-l: to become effective October 21, 1972, specifically set forth in said joint petition Natural Gas Pipeline Co. of America...... - 50,000 50,000 through December 31, 1972, in Dockets for leave to intervene: And Provided fur­ Nos. RP71-41 et al., and (2) the afore­ ther, That the admission of such inter­ Total jurisdictional...... 1,206,074 1,219,166 mentioned advance payments to pro­ veners shall not be construed as recog­ ducers which are in excess of amounts nition by the Commission that they or Nonjurisdictional Customers reflected in its rate increase filing in General firm: Dockets Nos. RP72-91 et al. All other any of them might be aggrieved because City of Colorado Springs, item s of cost included in this rate filing of any order or orders of the Commis­ Colo...... 5,000 5,000 City of Trinidad, Colo_____ 1,100 1,100 are identical to those in the rate filings sion entered in this proceeding. CF&I Steel Corp...... 45,000 46,000 in Dockets Nos. RP72-91 et al. No other Great Western Sugar Co____ 14,000 14,000 (D) Colorado Interstate Gas Co. and Ideal Cement Co...... - 125 3,825 tariff changes are proposed. all interveners shall file with the Com­ Public Service Co. of Copies of the increased rate filing have 24,500 24,500 mission and serve upon all parties and Colorado...------been served upon all jurisdictional cus­ Total general firm...... 89,725 86,225 tomers and upon interested State com­ the Commission Staff on or before Octo­ m issions. ber 13,1972, case-in-chief evidence upon Peaking service firm: CF&I Steel Corp...... 5,000 5,000 Any person desiring to be heard or to which they rely in support of their re­ Ideal Cement Co...... 3,700 .. protest said application should file a pro­ test, or if not previously granted inter­ spective positions. Total peaking service firm...... - 8,700 5,000 vention in Dockets Nos. RP72-91 et al., By the Commission. file a petition to intervene with the Fed­ Total nonjurisdictional... 98,425 98,425 [seal] K enneth F. P lumb, eral Power Commission, 441 G Street Secretary. Total transmission NW., W ashington, DC 20426, in accord­ system...... 1,304,499 1,317,691 Appendix A ance with §§ 1.8 and 1.10 of the Commis­ sion’s rules of practice and procedure Peak day Peak day i Based upon the assumption that Northern Natural (18 CFR 1.8, 1.10). All such petitions or authorized authorized Gas Co., Peoples Division, and Northern Natural Gas protests should be filed on or before 8-11-72 this order Co., Plateau Region, be combined effective Oct. 1,1972. [FR Doc.72-17247 Filed 10-10-72; 8:45 am] October 20, 1972. Protests will be con­ J urisdictional Customers sidered by th e Commission in deter­ mining the appropriate action to be Rate Schedule G-l: [Dockets Nos. RP72-91 etc.] City of Colorado Springs, (M cf) (M cf) taken, but will not serve to make protes- Colo...... - 112,856 116,000 SOUTHERN NATURAL GAS CO. City of Fort Morgan, Colo.. 4,500 4,500 tants parties to the proceeding. Any per­ City of Trinidad, Còlo___ 6,000 6,000 son wishing to become a party must file Greeley Gas Co...... 8,440 8,602 Notice of Proposed Changes in Rates Northern Gas Co...... 400 400 and Charges a petition to intervene. Copies of this Northern Natural Gas Co. application are on file with the Commis­ (Peoples Division)1____ 24,450 24,400 October 6, 1972. Public Service Company of sion and are available for public inspec­ Colorado...... 411,030 422,423 Southern Natural Gas Company, Pueblo Gas & Fuel Co___ 57,400 58,050 Dockets Nos. RP72-91, RP73-13, RP73- tion. Western Gas Interstate Co. 3,357 3,394 K enneth F. P lumb, 16, RP73-46. Secretary. Total Rate Schedule Take notice that Southern Natural Gas G-l...... 628,433 642,769 Co. (Southern) on September 29, 1972, [FR Doc.72-17350 Filed 10-10-72:8:51 am]

FEDERAL REGISTER, VOL. 37, NO. 197-—WEDNESDAY, OCTOBER 11, 1972 NOTICES 21461

zone, designated on the records of the Board as Zone No. 14, at the specific location men­ FOREIGN-TRADE ZONES BOARD tioned above and more particularly described GENERAL SERVICES [Order 90] on the maps accompanying the application requesting authority for a foreign-trade zone ADMINISTRATION LITTLE ROCK, ARK. at Little Bock, Ark., marked as Exhibits No. IX and No. X, said grant being subject to BATTERY, STORAGE: VEHICULAR, Resolution Approving Application and the provisions, conditions, and restrictions IGNITION, LIGHTING, AND STARTING Order Authorizing Issuance of of the Act and the regulations issued there­ Grant for a Foreign-Trade Zone under, to the same extent as though the Industry Specification Development same were fully set forth herein, and also Conference Proceedings of the Foreign-Trade to the following express conditions and limi­ Zones Board, W ashington, D.C. tations, to-wtt : Notice is hereby given that the Federal Resolution and order. Pursuant to the The Grantee shall make no deviation from Supply Service, General Services Admin­ authority granted in the Foreign-Trade the maps, plans, specifications, drawings, and istration, will hold an Industry Specifica­ blueprints accompanying the said application Zones Act of June 18, 1934, as amended and marked as Exhibits Nos. I to XIII inclu­ tion Development Conference in connec­ (19 U.S.C. 81a-81u> , the Foreign-Trade sive, before or after completion of the struc­ tion with Proposed Federal Specification Zones Board has adopted the following tures or work involved, unless such deviation W-B-131J, Battery, Storage: Vehicular, resolution and order: has previously been submitted to and has ignition, lighting, and starting. The Board, having considered the received the approval of the Board. The primary purpose of the conference matter hereby orders: The work of construction under this grant is to provide a forum for review and dis­ jffiall commence immediately following the cussion of the proposed qualification After consideration of the application of date of the grant. Said work Shall be dili­ testing program. In addition, considera­ the State of Arkansas, made by its Depart­ gently prosecuted to completion and the work ment of Industrial Development, filed with of construction shall be completed and oper­ tion will be given to suggestions, ideas, the Foreign-Trade Zones Board on Janu­ ation of the foreign-trade zone shall be com­ or ways and means to improve the speci­ ary 31, 1972, requesting a grant of authority menced by the Grantee within a reasonable fication to: (1) Promote mutual under­ for the establishing, operating, and maintain­ time from the date of issuance of the grant. standing by both the Government and ing of a foreign-trade zone at the Port Ter­ The Grantee shall fully comply with all industry of the Government’s technical minal Warehouse, Little Bock, Ark., the applicable provisions of the laws relating to requirements for the items, and (2) en­ Board, finding that the requirements of the the protection and preservation of the navi­ hance the quality of the products shipped Foreign-Trade Zones Act, as amended, and gable waters of the United States, and shall the Board’s regulations are satisfied, ap­ to the Government. It will be open to all secure legally required authorization and those in the private sector who have an proves the application for a grant. Should approval for work in navigable waters of the any proposal be made to use the zone for any United States. The Grantee shall also obtain interest or concern for these matters and manufacturing operation, the grantee shall all necessary construction permits from Fed­ all other Government departments or prenotify the Board’s executive secretary for eral, State, and municipal authorities. The agencies having an interest therein are clearance prior to the commencement of such grant herein made shall not be construed also being invited to send their represen­ an operation. The Secretary of Commerce, as Chairman and Executive Officer of the Board, as conveying such approvals. tatives. is hereby authorized and directed to sign and The Grantee shall allow officers and em­ The conference will be held on October issue an appropriate grant of authority in ployees of the United States of America free 24, 1972, at 9:30 a.m„ Room 508, Build­ favor of the State of Arkansas. and unrestricted access to and throughout the foreign-trade zone in the performance of ing 3, Crystal Mall, 1931 Jefferson Davis ■Grant to Establish, Operate, and Main­ their official duties. Highway, Arlington, VA. Anyone who tain a F oreign-T hade Zone at Little The Grantee shall prenotify the Executive wants to attend or desires further infor­ Bock, Ark. Secretary of the Board for approval prior to mation should contact Mr. John T. Mil­ Whereas, by an Act of Congress approved the commencement of any manufacturing ler, General Services Administration, June 18, 1934, an Act “To provide for the operation within the zone. Federal Supply Service, at telephone establishment, operation, and maintenance The grant shall not be construed to relieve number (Area Code 703) 557-7827 or of foreign-trade zones in ports of entry of the Grantee from liability for injury or dam­ write General Services Administration, the United States, to expedite and encourage age to the person or property of others occa­ Federal Supply Service (FMSE), Wash­ foreign commerce, and for other purposes,” sioned by the construction, operation, or ington, D.C.20406. as amended (19 U.S.C. 81a-81u)., (herein­ maintenance of said zone, and in no event after referred to as “the Act”) the Foreign- shall the United States of America be liable Issued in Washington, D.C., on Sep­ Trade Zones Board (hereinafter referred to therefor. tember 29,1972. as “the Board”) is authorized and empow­ The grant is further subject to settlement M. S. Meeker, ered to grant to corporations the privilege of locally by the District Director of Customs Commissioner. establishing, operating, and maintaining for­ and the District Engineer with the Grantee eign-trade zones in or adjacent to ports of regarding compliance with their respective [FR Doc.72-17813 Filed 10-10-72;8:47 am] entry under the jurisdiction of the United requirements for the protection of the reve­ States; nue of the United States and the installa­ Whereas, the State of Arkansas (herein­ tion of suitable facilities. VENETIAN BLINDS after referred to as “the Grantee”) , through its Department of Industrial Development, Tn Witness Whereof, the Foreign- Industry Specification Development has made application in due and proper form Trade Zones Board has caused its name Conference to the Board which requests the establish­ to be signed and its seal to be affixed ment, -operation, and maintenance of a for­ hereto by its Chairman and Executive Notice is hereby given that the Federal eign-trade zone at Little Rock, Ark,; Officer, Peter G. Peterson, at Washing­ Supply Service, General Services Admin­ Whereas, notice of said application has istration, will hold an Industry Specifica­ been given and published, and full oppor­ ton, D.C., this 4th day of October 1972, tunity has been afforded all interested par­ pursuant to order of the Board. tion Development Conference in connec­ ties to be heard; and tion with Proposed Federal Specification Whereas, the Board has found that under F oreign-T rade Zoning AA-V-200B, Venetian Blinds. the Act the proposed plans and location are B oard, The purpose of the conference is to suitable for the accomplishment of the pur­ P eter G. P eterson, provide a forum for consideration of sug­ poses of a foreign-trade zone at Little Bock, Chairman and Executive Officer. gestions, ideas, or ways and means to Ark, and that the facilities and appurte­ Attest: improve the specification to: (1) Promote nances Which in said application it is pro­ mutual understanding by both the Gov­ posed to provide are sufficient; J ohn J. Da P onte, Jr., Now, therefore, the Board hereby grants Executive Secretary. ernment and industry of the Govern­ to the Grantee the privilege of establishing, ment’s technical requirements for the operating, and maintaining a foreign-trade [FB Doc.72-17819 Filed 10-10-72; 8 f47 am] items, and (2) enhance the quality of the

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 No. 197- 21462 NOTICES products shipped to the Government. It procurement of ADPE in excess of $10,- will be open to all those in the private 000 by either lease or purchase is per­ SECURITIES AND EXCHANGE sector who have an interest or concern mitted only after receiving a DPA from for these matters, and all other Govern­ GSA. Where a sole source procurement COMMISSION appears to be in the best interest of the ment departments or agencies having an [812-3224] interest therein are also being invited to Government, agencies shall submit to send their representatives. GSA a request for a delegation of pro­ CHRISTINA SECURITIES CO. AND E. I. The conference will be held on Octo­ curement authority accompanied by a DU PONT DE NEMOURS & CO. ber 25, 1972, at 9:30 a.m., Room 508, statement or determination and finding Building 3, Crystal Mall, 1931 Jefferson justifying the requested action. The de­ Notice of Filing of Application for an Davis Highway, Arlington, VA. Anyone termination and finding shall be pre­ Order Exempting Transactions Be­ who wants to attend or desires further pared under the provisions of FPMR tween Affiliates Incident -to a information should contact Mr. Joseph F. 101-26.105 (b), signed by the contracting officer, and approved by the head of the Merger Lawless, General Services Administra­ October 3, 1972. tion, Federal Supply Service, at telephone agency or his authorized designee. The number (Area Code 703) 557-7866 or determination and finding shall be ac­ Notice is hereby given that Christiana write General Services Administration, companied by a certification as to the Securities Co. (Christiana) Wilmington, Federal Supply Service (FMSF), Wash­ availability of a systems specificaton in Del. 19898, a Delaware corporation, reg­ ington, D.C.20406. accordance with the provisions of OMB istered under the Investment Company Circular No. A-54 or, in the absence of Act of 1940 (Act) as a closed-end non- Issued in Washington, D.C., on Sep­ a systems specification, a written expla­ diversified management investment com­ tember 29,1972. nation of the basis for the selection and pany, and E. I. du Pont de Nemours & Co. M. S. M eeker, certification which indicates that it is (Du P o n t), a Delaware corporation Commissioner. in the best interest of the Government (hereinafter collectively referred to as [FR doc.72-17312 Filed 10-10-72;8:47 am] to deviate from the provisions of OMB “Applicants”), have filed a joint appli­ Circular No. A-54. cation pursuant to sections 6 (c), 17(b), 7. Agency comments. Comments con­ and 17(d) of the Act and Rule 17d-l [Federal Property Management Regs.; thereunder, for an order exempting from Temporary Reg. E-251 cerning the effect or impact of this regu­ lation on agency operations or programs the provisions of 17(a) and permitting SOLE SOU RCE AD PE should be submitted to the General Serv­ under section 17(d) and Rule 17d-l cer­ PROCUREMENTS ices Administration (CP), Washington, tain transactions incident to a proposed D.C. 20405, no later than December 29, merger of Christiana into Du Pont, with To: Heads of Federal Agencies. 1972, for consideration and possible in­ Du Pont as the surviving corporation. All 1. Purpose. This regulation establishes corporation into the permanent regula­ interested persons are referred to the ap- policy and procedures which are de­ tion. plication on file with the Commission for signed to restrict the procurement of a statement of the representations automatic data processing equipment 8. Effect on other issuances. This reg­ therein, which are summarized below. (ADPE) in excess of $10,000 without a ulation supplements the ADPE procure­ Christiana owns approximately 28.3 specific delegation of procurement au­ ment policy in FPMR 101-32.403 and percent of the outstanding common stock thority (DPA) from GSA when such pro­ FPMR 101-32.404. of Du Pont. Accordingly, Christiana pre­ curement is to be accomplished as a sole Arthur F. S ampson, sumptively controls Du Pont within the source procurement action. Acting Administrator meaning of section 2(a)(9) of the Act, 2. Effective date. This regulation is ef­ of General Services. and the companies are affiliated persons fective upon publication (10-11-72) in as defined in section 2(a) (3) of the Act. O ctober 3,1972. the F ederal R egister. Moreover, certain directors, officers and 3. Expiration date. This regulation ex­ [FR Doc.72-17314 Filed 10-10-72;8:47 am] other affiliated persons of Applicants are pires April 2, 1973, unless sooner revised stockholders of Christiana or Du Pont or superseded. or both companies. 4. Applicability. The provisions of this Christiana has outstanding 106,500 regulation apply to all Federal agencies. NATIONAL SCIENCE FOUNDATION shares of 7 percent cumulative preferred stock, having a liquidation value of $100 5. General. Automatic data processing VERY LARGE ARRAY (VLA) per share and a redemption price of $120 equipment, software, and maintenance per share, and 11,710,103 shares of com­ services are procured in conformance Summary Statement of Federal Action Affecting the Environment mon stock. Christiana’s common stock is with applicable regulations and the pro­ traded in the over-the-counter market in visions of Office of Management and A summary statement concerning the only limited quantities, and its market Budget (OMB) Circular No. A-54, dated VLA was published in the F ederal R eg­ price consistently has been less than the October 14, 1961. These directives pro­ ister, Volume 37, No. 139, page 14338, market value of Christiana’s underlying vide that ADPE procurements will not July 19, 1972. Comments received on the assets, generally ranging from 20 percent be accomplished until systems specifica­ draft environmental impact statement to 25 percent less during the 2 years tions are available and equal opportu­ have been reviewed and taken into con­ preceding public announcement of a pos­ nity and appropriate consideration are sideration in preparing the final environ­ sible merger. There are approximately provided to all responsible and respon­ m ental statem ent. 6,683 holders of Christiana common sive offerors capable of meeting the Gov­ The final environmental statement has stock and 1,516 holders of the preferred ernment’s requirements. Any procure­ been filed with the Council on Environ­ stock. Christiana’s assets consist of casn ment action which does not conform mental Quality. Copies are available from and securities, of which the most im­ with these requirements is considered a the Deputy Assistant Director for Na­ portant holding is 13,417,120 shares “sole source” procurement, the basis tional and International Programs, Na­ (28.28 percent) of the outstanding com­ and justification for which are to be doc­ mon stock of Du Pont. The value of toe umented in accordance with prevailing tional Science Foundation, Washington, D .C .20550. total security holdings of Christiana regulations governing sole source pro­ of July 17, 1972, based primarily on curement by agencies of the Federal Dated: October 6,1972. market values, was $2,226,814,066, Government. R aymond L. B isplinghoff, which 98.7 percent was represented oyiw 6. Restriction on sole source ADPE Acting Director. holdings of common stock of Du ron. procurements. Irrespective of the provi­ The remaining security holdings sions of FPMR 101-32.403-1, sole source [FR Doc.72-17380 Filed 10-10-72;8:51 am]

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 NOTICES 21463 Christiana consist primarily of 16,256 would result from their sale at the values retired in the merger. All other shares (0.96 percent) shares of the $4.50 pre­ reflected for such assets. of Du Pont will remain outstanding. ferred stock of Du Pont, 69,216 (3.45 per­ Du Pont has outstanding 1,688,850 Du Pont will not issue fractional shares cent) shares of the common stock of shares of $4.50 series cumulative pre­ to the stockholders of Christiana. In­ Wilmington Trust Co. (W ilmington) and ferred stock without par value, 700,000 stead, such stockholders having a frac­ all of the outstanding shares of the News shares of $3.50 series cumulative pre­ tional interest in a share of Du Pont journal Co. (News Journal). The total ferred stock without par value, and 47,- common stock will be provided an oppor­ value of $2,226,814,066 for the security 566,694 shares of common stock held by tunity, through an agent appointed for holdings of Christiana is based on the approximately 224,964 shareholders. such purpose, to: (1) Sell such interest, average closing prices on th e New York Under the proposed plan of merger, or (2) purchase the additional fractional Stock Exchange on July 10 through 14, the outstanding common stock of Chris­ interest required to make up one full 1972 for the Du Pont common and pre­ tiana will be converted into Du Pont share. ferred stock ($2,199,854,642); the average common stock at the rate of one share Under Delaware Corporaton Law, after closing bid prices in the over-the-counter of Christiana common stock for each approval of the agreement of merger by market on July 10 through July 14, 1972, 1.123 shares of Du Pont common stock. the respective boards of directors of for the Wilmington common stock For the purpose of computing this con­ Christiana and Du Pont, the affirmative ($2,699,424); and the fair market value version ratio, Christiana was valued at vote of the holders of a majority of the of die News Journal common stock based 97 l/z percent of the adjusted value of its total outstanding shares of common upon an appraisal as of July 17, 1972 net assets, as described below, and the stock of each companv will be required. ($24,260,000). Christiana also has other Du Pont common stock to be issued to Christiana and Du Pont will arrange for assets consisting, at June 30, 1972, of the Christiana common stockholders was special meetings of their stockholders, (1) cash and cash equivalents, less cur­ valued at $163.875 a share, the average after obtaining the requested exemption rent liabilities, in the net amount of closing market price for Du Pont com­ order, for stockholder vote on the merger $5,981,367 and (2) a claim for refund of mon stock on the New York Stock Ex­ proposal, such vote to be subject to re­ Federal income taxes and interest, car­ change on the 5 trading days immedi­ ceipt of a Ruling from the Internal Reve­ ried on the books as a deferred charge in ately preceding July 17, 1972, the date nue Service that the proposed merger the amount of $11,723,013. on which the proposed merger plan was may be consummated on a tax-free basis. Christiana’s net asset value has been approved in principle by Christiana and Under Delaware Corporation Law, any adjusted as follows for purposes of the Du Pont’s boards of directors. The num­ holder of Christiana’s preferred stock proposed merger: ber of additional shares of Du Pont com­ who objects in writing within the pre­ Total Net Asset Value of mon stock, if any, to be distributed to scribed rime may receive a cash payment Christiana (as above).__ $2,244,518,446 the former Christiana common stock­ equal to the appraised value of his pre­ Less adjustments: holders upon settlement of the tax claim ferred stock. No such right is available Adjustment to reflect tax will be determined by converting any net with respect to anv Christiana common claim at no value___ _ n , 728, 013 Distribution cost for Wil­ proceeds from the settlement, along with shares or to any Du Pont common or mington Trust (3 per­ any residue of funds reserved for pay­ preferred shares. cent of market value)__ 80, 983 ment of expenses of pursuing the tax The proposed plan of merger and the Capital gains tax ¡a 30 claim, into Du Pont common stock hav­ method of determining the conversion percent on sale of: ing corresponding value and such shares ratios were developed on the basis of Wilmington Trust (tax will be delivered to an agent appointed independent financial studies made by basis= $903,592)_____ 514,455 for such purpose. The agent will distrib­ three investment banking firms acting as News-Journal (tax basis =$846,107) ______7, 024, 168 ute such additional shares of Du Pont financial advisors. The investment bank­ Merger expenses (50 per­ common stock pro rata to the former ing firms were engaged by special com­ cent of estimated total Christiana common stockholders in pro­ mittees of the boards of Christiana and expenses) ------750,000 portion to the Du Pont common stock Du Pont, which had been appointed to Cash reserved for tax claim received by them in the merger trans­ negotiate and submit recommendations expenses------1, 000,000 action. The price for Du Pont common with respect to the proposed merger. In stock to be used for the foregoing con­ the case of each comoany, the special Adjusted net asset value of version will be the average of the closing board committee consisted of two di­ Christiana ______2,223,425, 827 prices for Du Pont common on the New rectors with no director, officer or Under the plan of merger, the tax York Stock Exchange for the 10 trading employee relationship with the other claim, together with $1 million of Chris­ days preceding the date on which refund company. Independent studies and rec­ tiana’s cash to be reserved to cover ex­ payment by the Government is received ommendations regarding a suitable penses to pursue the claim, w illbe treated by Du Pont or, if no refund is to be re­ range of merger terms were prepared at the time of the merger as having no ceived, the date on which judgment to by Morgan Stanley and Co., to advise value. The tax claim and related cash that effect becomes final. both Christiana and Du Pont: Kidder, reserved lor expenses will become the On the effective date of the merger Peabody and Co., Inc., to advise Christi­ property of Du Pont on the effective date the Christiana preferred stock will be ana separately; and First Boston Corp. of the merger, and if upon settlement converted into Du Pont common stock to advise Du Pont separately. Negotia­ of the tax claim any proceeds are realized having a current market value equal to tions by the special board committees they will be distributed to the lormer $120 per preferred share, the preferred were conducted with due consideration Christiana shareholders as described be­ call price. The Du Pont common stock of the recommendations made by the fi­ low. The expenses of the merger are to to be exchanged for such preferred stock nancial advisers regarding ranges of oe shared equally. Accordingly, the net will be valued at the average of the merger terms they would consider fair asset value of Christiana’s cash and cash closing prices for the common stock on and reasonable, and resulted in proposals oquivalents has been adjusted to reflect the New York Stock Exchange for the by the special board committees for a Doth the reservation of the $1 million re­ 10 trading days preceding the effective merger with terms thereof based on 97^ lated to the tax claim and $750,000 re­ date of the merger. The conversion rate percent of Christiana’s adjusted net as­ lated to merger expenses. The application was estimated at 0.7323 shares of Du Pont set value, that is a discount of 2l/z per­ states that Du Pont intends to hold common stock for one share of Christiana cent. However, the effective rate of dis­ the Wilmington and News-Journal stock preferred stock, based on the current count is approximately 1.8 percent to the tor only the period required for the or- average price for Du Pont common stock Christiana shareholders when effect Is aorly disposition thereof. Accordingly, on July 17, 1972. given to their recapture of approximate­ me net asset values of these holdings The shares of Du Pont common stock ly 28 percent by reason of becoming have been adjusted to reflect the esti- used for the merger will be newly issued shareholders of Du Pont. The Du Pont thated expenses of disposition and a tax special board committee considered shares. All common and preferred stock merger terms reflecting the proposed dis­ °f 30 percent on the capital gains which of Du Pont owned by Christiana will be count of Christiana’s adjusted net asset

FEDERAL REGISTER, V O L 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21464 NOTICES value fair and reasonable for all parties or a company-controlled by such reg­ exchange be summarily suspended, this affected, and appropriate in the circum­ istered company, is a participant unless order to be effective for the period from stances to provide sound business reasons an application regarding such arrange­ October 3, 1972, through October 12 for Du Pont to undertake the merger and ment has been granted by an order of 1972. the disposition of those securities ac­ the Commission. Section 6(c) of the Act quired in the merger which Du Pont does provides that the Commission may con­ By the Commission. not wish to retain. The Christiana spe­ ditionally or unconditionally exempt any [seal] R onald F. Hunt, cial board committee considered the transaction or class of transaction from Secretary. terms fair and reasonable for all con­ any provision of the Act if and to the cerned in the light of significant bene­ extent such exemption is necessary or [FR Doc.72-17299 Filed 10-10-72;8:46 ami fits in the merger to the Christiana appropriate in the public interest and common stockholders in acquiring a consistent with the protection of in­ [Releases Nos. 33-5263,34-9650] more readily marketable security, elimi­ vestors and the purposes fairly intended nation of the sizable market discount by the policy and provisions of the Act. DEFENSE AND OTHER LONG TERM from net asset value which has prevailed Notice is further given that any in­ CONTRACTS on the Christiana stock prior to the terested person may, no later than Octo­ merger announcement, and the elimina­ ber 27, 1972, at 5:30 p.m., submit to the Prompt and Accurate Disclosure tion of the Federal income tax payable Commission in writing a request for a of Information by Christiana at the currently effective hearing on the matter accompanied by The Securities and Exchange Commis­ rate of 7.2 percent on dividends received a statement as to the nature of his in­ sion today emphasized the need for pub­ on the Du Pont common stock. As to the terest, the reason for such request and licly held companies to make prompt and Christiana preferred stockholders, the the issues of fact or law proposed to be accurate disclosure to securities holders application states that the market value controverted, or he may request that he and the investing public of material in­ of their holdings will increase to the be notified if the Commission should or­ form ation, both favorable and unfavor­ amount at which they could have been der a hearing thereon. Any such com­ able, with respect to progress and prob­ redeemed. munication should be addressed: Secre­ lems encountered in the course of per­ Applicants state they are requesting a tary, Securities and Exchange Commis­ forming under long-term contracts and ruling from the Internal Revenue Serv­ sion, Washington, D.C. 20549. A copy of programs involving significant techni­ ice to the effect that no gain or loss for such request shall be served personally cal or engineering problems and signifi­ Federal income tax purposes will be rec­ or by mail (airmail if the person being cant dollar amounts, including certain ognized to either Du Pont or Christiana served is located more than 500 miles defense procurement contracts. or to their stockholders as a result of from the point of mailing) upon Appli­ the merger except with respect to: (1) cants at the address stated above. Proof There are a number of factors arising Cash received by any Christiana stock­ of such service (by affidavit or in case from defense and other forms of long­ holder in connection with his disposition of an attorney at law by certificate) shall term contracting on which clear and of an interest in a fractional share of be filed contemporaneously with the re­ meaningful disclosure is necessary if the Du Pont common stock, (2) cash re­ quest. At any time after said date, as public is to be adequately apprised of ceived by any dissenting preferred stock­ provided by Rule 0-5 of the rules and the investment merits and risks of the holder of Christiana who elects appraisal regulations promulgated under the Act securities of companies significantly in­ rights, and (3) certain portions of any an order disposing of the application volved in this type of business. Many de­ contingent distribution in connection herein may be issued by the Commission fense contracts, for example, are ex­ with the tax claim. upon the basis of the information stated tremely complex in their terms, calling The proposed discount as a basis for in said application, unless an order for for multifaceted weapons systems involv­ the merger falls within the range rec­ hearing upon said application shall be ing significant technological advances; ommended by each of the financial ad­ issued upon request or upon the Com­ such contracts may be performed over visors, and each has expressed the opin­ mission’s own motion. Persons who re­ extended periods of time and may be ion that the resultant merger terms are quest a hearing, or advice as to whether subject to numerous changes in specifi­ fair and reasonable for all parties af­ a hearing is ordered, will receive notice cations or in delivery schedules. In addi­ of further developments in this matter, tion, significant additional costs may be fected. incurred which were not anticipated at Section 17(a) of the Act prohibits an including the date of the hearing (if or­ dered) and any postponements thereof. the time a bid was submitted for the affiliated person of a registered invest­ contract. A contractor also may incur ment company, or an affiliated person of For the Commission, by the Division substantial costs before reaching agree­ such a person, from selling to or purchas­ of Investment Company Regulation, pur­ ment with the Government on the price ing from such registered company or any suant to delegated authority. for any contract changes. Thus, at any company controlled by such registered [seal] R onald F. H unt, given time in the performance of such company, any security or other property, Secretary. a contract an estim ate of its profitability subject to certain exceptions, unless the is often subject not only to additional Commission upon application pursuant [PR Doc.72-17293 Filed 10-10-72;8:46 am] costs to be incurred but also to the out­ to section 17(b) grants an exemption come of future negotiations or possible from the provisions of section 17(a), after [File No. 600-1] claims relating to costs already incurred. finding that the terms of the proposed While long-term defense contracts have transaction, including the consideration MERIDIAN FAST FOOD SERVICES, INC. presented significant examples of these to be paid, are reasonable and fair and Order Suspending Trading factors, there can be comparable risks do not involve overreaching on the part and disclosure problems in other long­ of any person concerned, that the pro­ October 2, 1972. term contracts or programs, particularly posed transaction is consistent with the those involving advanced technology. policy of the registered investment com­ It appearing to the Securities and pany, as recited in its registration state­ Exchange Commission that the summary Government contracts are subject to ment and reports filed under the Act, suspension of trading in the common renegotiation of profit and to termination and is consistent with the general pur­ stock, $0.01 par value, of Meridian Fast for the convenience of the Government, poses of the Act. Section 17(d) of the Food Services, Inc. being traded other­ which in some cases may have a material Act and Rule 17d-l thereunder, taken to­ wise than on a national securities ex­ financial impact upon the company. Ex­ gether, provide among other things, that change is required in the public interest tended periods of time may be requitea it shall be unlawful for any affiliated per­ and for the protection of investors. to settle claims and during such perioas son, acting as principal, to participate in, It is ordered, Pursuant to section 15 the possibility exists, particularly in ma­ or effect any transaction in connection (c) (5) of the Securities Exchange Act jor contracts, th at the working capita with any joint enterprise or arrangement of 1934, that trading in such securities ftf t.ViA rnmnanv mn.v hfi materially ^1* in which any such registered company, otherwise than on a national securities fected.

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 NOTICES 21465

Contracts also vary as to type, such as, The defense contracting report has with respect to reports filed with the for example, cost-plus fixed fee, fixed concluded that the Commission’s present Commission or distributed to investors. price, fixed price incentive, and so on. rules and disclosure forms are generally The Commission further emphasizes that The ability to estimate progress at any adequate and no amendments appear the responsibility for prompt and ade­ given time may vary from contract to necessary. The staff noted, however, that quate disclosure rests with registrants contract depending in part on the type the application of the present require­ and their professional advisors. The of contract and its terms. ments by some defense contractors could Commission also wishes to reiterate the Because of the above factors, costs to be improved. Among other things, it was statements made in our 1970 release re­ be incurred in the performance of such noted that disclosures vary in quantity garding “Timely Disclosure of Material contracts and ultimate profit to be real­ and quality from company to company Corporate Developments.” 6 ized often cannot be known in the early and to some extent according to the na­ By the Commission. stages of the contract. Accordingly, such ture of the document in which they are matters are necessarily the subject of contained—for example between the [ seal! R onald F. Hunt, estimates which are difficult to make Form 10-K (17 CFR 249.310) and An­ Secretary. with any certainty. Nothwithstanding nual Report to Stockholders. In view of J une 22, 1972. such difficulties, registrants have an ob­ the fact that of these two documents, [PR Doc.72-17297 Filed 10-10-72;8:51 am] ligation to make every effort to assure only the Annual Report to Stockholders that progress on material contracts— receives wide public dissemination, the such as earnings, losses, anticipated Commission urges issuers to make every [Release No. 34-9559] effort to assure that disclosures con­ losses or material cost overruns—is prop­ FINANCIAL REPORTING erly reflected in the registrant’s finan­ tained therein are as complete and ac­ cial statements and, where necessary to curate as those contained in documents Quarterly and Other Interim Reports a full understanding, discussed in ap­ filed with the Commission. In this con­ of Operations propriate textual disclosure. nection, the Commission has published for comment and is presently consider­ The Commission urges issuers to ex­ The Commission in emphasizing its ing adoption of an amendment to Form ercise greater diligence in the release of concern about adequate disclosure in 10-K which would require specification information with respect to results of these areas has taken into account the by all reporting companies of items of operations for fiscal years and for quar­ report of the staff, released today, on dis­ information supplied in Form 10-K but terly or other portions thereof. While closure practices of companies engaged omitted from the Annual Report to most issuers have displayed great skill in in defense contracting1 and the prob­ Stockholders.4 presenting information so that its signifi­ lems encountered by certain defense con­ The Commission has considered the cance can be grasped by all and have done tractors as illustrated by the brief case issuance of a release containing specific so in complete candor, some issuers have studies contained in that report. guidelines for disclosure by registrants not been successful in their communica­ The defense contracting investigation engaged in defense contracting or other tions effort. The audience to which such was instituted following the public re­ long-term, material dollar amount oper­ information is presented includes a wide lease of an investigative staff report on ations involving similar risks. The Com­ range of sophistication and depth of in­ the Lockheed Aircraft Corp.2 The severe mission recognizes, however, that the terest. Expert financial analysts and problems encountered by Lockheed in nature of such undertakings, particularly casual investors are among those to connection with its C5A contract, viewed in the area of long-term contracts in­ whom such information is addressed. in the light of the investigative record in volving procurement of sophisticated Further, such news releases must com­ that matter, raised questions as to weapons systems, involves such varied pete for space and attention in news whether the various disclosures made by and complex considerations—including media with reports of many other events Lockheed concerning its problems had in severe definitional problems—as to make some of which may be more striking in retrospect been adequate. With respect the imposition of inflexible guidelines terms of drama or human interest. In to certain aspects of the C5A contract impracticable. Rather, the Commission some instances a poor or weak news re­ the staff in its Lockheed report con­ regards it as incumbent on issuers to lease with respect to results of operations cluded: assess the special problems in each mate­ has been misconstrued so that news re­ While there was a very general disclo­ rial contract or program with a view to ports with respect to the information sure * * * touching upon some of these making adequate and understandable have been incomplete, Inadequate, and points * * * the statements made did not public disclosure. Further, in consider­ occasionally misleading. Such instances fully and adequately disclose aU pertinent ing whether to issue formal guidelines, frequently arise because financial pub­ factors and it requires much reading be­ lishers, who are usually under severe tween the lines, with knowledge of the un­ the Commission noted that the staff’s derlying circumstances, to catch the issues report covers a period of time when pro­ time pressure for publication, have dif­ and the real risks facing this company.3 curement was often conducted under the ficulty in deciphering the material. concept of “Total Package Procurement”, The most frequent area of weakness In view of the situation disclosed in the the method which played such a major of corporate news releases is the com­ Lockheed report the Commission was part in the difficulties surrounding the parison of results of current and pre­ concerned as to whether the Lockheed Lockheed C5A contract. The Depart­ ceding periods without setting forth C5A contract involved problems typical ment of Defense has since recognized with appropriate emphasis unusual items of the defense industry. The Commission that development of major weapons sys­ affecting the interim periods. The Com­ directed the staff to conduct an inquiry tems by its nature is dealing with the mission’s position in this regard as set for the primary purpose of gathering in­ unknown, and does not contemplate con­ forth in reporting forms should be con­ formation concerning disclosure of de­ tinued use of the Total Package Procure­ sidered by issuers in designing appro­ fense contracting and determining ment method, providing instead that priate disclosures. whether the Commission’s rules and contracts and subcontracts calling for In the area of results of operations forms were adequate or whether they the development of a weapons system, for quarterly periods the Commission could or should be revised to provide a wherever appropriate, will be on a has provided instructions to Form 10-Q basis for improved disclosures in the fu­ cost-contracting basis rather than a (17 CFR 249.308a) for reports to be filed ture by such companies. fixed-price method. with the Commission for the first three Corporate managers are urged to re­ quarters of each fiscal year. See para­ 1See, “In. the Matter of Disclosures by view their policies with respect to corpo­ graph H, “Presentation of Financial In­ Registrants Engaged in Defense Contract­ rate disclosure on defense and other formation,” of Form 10-Q, Securities ing; ” Administrative Proceeding Pile No. long-term contracting and insure that Exchange Act Release No. 9004 (35 F.R. 3-2485 (June 22,1972). adequate disclosure policies are followed 17537), dated October 28, 1970, as 2 See, “Report of Investigation in reference to Lockheed Aircraft Corp.,” HO-423 (May 25, 1970). •Securities Exchange Act of 1934, Release •Securities Act of 1933, Release No. 5092 •/bid. page 58. No. 9576 (April 20, 1972) [37 F.R. 9045]. (October 15, 1970) [35 PR. 16733],

FEDERAL REGISTER, VOL. 37, NO. 197— -WEDNESDAY, OCTOBER 11, 1972 21466 NOTICES

amended by Release No. 9344 (36 P.R. and periodic reports to security holders. July 1, 1972; Part HI, sec. C, par. 2_ 19363), dated September 27, 1971. These In some instances tax adjustments or October 1,1972. instructions provide guidance for dealing tax management transactions made at with situations frequently encountered. the year-end have not been adequately Thomas S. K leppe, Among events and circumstances which explained with the result that the in­ Administrator. may require additional disclosure to pro­ vesting public has been furnished con­ P art n —D isaster P rogram vide information needed for the under­ fusing information with regard to trends standing of reports of operations for in the operations of an issuer. Since final S ection A.—Disaster loan approval successive periods are the seasonal sale computations of tax liability cannot be authority. 1. To decline direct disaster of a single-crop agricultural commodity, made until the results of operations of and immediate participation disaster a business combination treated for ac­ the full taxable period, usually the tax­ loans in any amount and to approve such counting purposes as a porting of in­ able year, are known, tax provisions for loans up to the total SBA funds of: (l) terests, the disposition of a significant quarterly and interim periods are esti­ $50,000 per household for repairs or re­ portion of the business or the acquisition mated. If such estimates differ materially placement of the home and/or not to ex­ of a significant amount of assets in a from the computations for the full year, ceed an additional $10,000 allowable for transaction treated for accounting pur­ appropriate disclosure of the effect on household goods and personal items, but poses as a purchase, changes in account­ the comparability of quarterly or other in no event may the money loaned for ing principles or practices or methods of interim periods is necessary. Disclosure physical loss or damage exceed $55,000 applying principles or practices (includ­ of the effect of elections to recognize rev­ for a single disaster on home loans, ex­ ing consolidation practices) adopted dur­ enues or expenses for tax purposes should cept for funds to refinance prior liens or ing the period which may have a mate­ be furnished also. mortgages, which may be approved in rial effect on the results of operations, The Commission is giving further con­ addition to the foregoing limits for seasonal or other specified factors con­ sideration to the provisions of Item amounts up to $50,000; and (2) $500,000 tributing to an unusual increase or 10(a) of Form 8-K, as mentioned above, on disaster business loans (excluding dis­ decrease in net sales or income and to determine whether revision thereof placed business loans, coal mine health material retroactive adjustments subse­ may be appropriate to provide further and safety loans, occupational safety and quent to the initial reporting for the information with respect to items re­ health loans, and economic injury dis­ period affected. In this connection, atten­ quired to be reported in response thereto. aster loans in connection with declara­ tion is invited to subparagraph (i) of tions made by the Secretary of Agricul­ paragraph H regarding material prior By the Commission. ture for natural disasters) except to the period adjustments. In most instances [seal] R onald F . Hunt, extent of refinancing of a previous SBA this instruction would require that the Secretary. disaster loan. April 5, 1972. 2. To decline disaster guaranteed loans summarized financial information for in any amount and to approve such loans the comparable period of the preceding |FR 1)00.72—17298 Filed 10-10-72;8:51 am] year be restated to give effect to the up to an SBA guarantee of $1 million. adjustments, and that information be 3. To appoint as a processing represen­ furnished by footnote or otherwise, tative any bank in the disaster area. showing the effect of such adjustments SMALL BUSINESS 4. To approve or reject the request of upon results of operations previously an applicant to file for a disaster lean published. after the period for acceptance under ADMINISTRATION the original disaster declaration, or ex­ Quarterly reports on Form 10-Q are [Delegation of Authority 30, Rev. 14, Amdt. 3] neither required to be sent to security tension thereof, has expired. holders nor required to be filed for the REGIONAL DIRECTORS SEC. B—Administrative authority— fourth quarter of an issuer’s fiscal year. 1. Establishment of disaster field offi­ Some issuers publish separately the re­ Delegation ol Authority To Conduct ces.—To establish field offices upon re­ Program Activities in Field Offices ceipt of advice of the designation of a sults of operations for the fourth quar­ disaster area; to close disaster field offi­ ter: All issuers should consider adoption Delegation of Authority No. 30 (Re­ ces when no longer advisable to maintain of the practices. In addition, investors vision 14) (37 FR. 12651), as amended such offices; and to obligate the Small and other users of investment informa­ (37 FR. 14840, 37 FR. 19405),.is hereby Business Administration to reimburse tion may compare results for the full further amended by revising Part I, sec­ General Services Administration for the year with results for the first quarter. tion A, paragraph 4; Part HI, section C, rental of temporary office space. The issuer should include adequate in­ paragraph 2; and Parts n and VHI in 2. Contractual authority.—a. To con­ formation with respect to year-end their entirety. This amendment. more tract for local credit bureau services and adjustments or unusual transactions clearly defines certain authorities; elimi­ loss verification services pursuant to which occurred during the fourth quar­ nates references to class B disasters; in­ chapter 4 of title 41, United States Code, ter, otherwise the impressions with cludes authority to contract for local as amended, subject to the limitations regard to operations for the fourth quar­ credit bureau services and loss verifica­ contained in section 257 (a) and

FEDERAL REGISTER, VOL. 37, NO. 197— -WEDNESDAY, OCTOBER 11, 1972 NOTICES 21467

SBA exhibits; and issue Government MC-F-11560, Cooper-Jarrett, Inc.—Purchase INTERSTATE COMMERCE (Portion)—Pacific Intermountain Express bills of lading pursuant to chapter 4 of Co., MC—F-11561, Lee Way Motor Freight, title 41, United States Code, as amended, Inc.—Purchase (Portion)—Pacific Inter­ subject to the limitations contained in COMMISSION mountain Express Co., FD 27141, Lee Way section 257 (a) and (b) of that chapter. [Notice 91] Motor Freight, Inc., MC-F-11562, Tidewater 3. Rental of motor vehicles. To rent Inland Express, Inc.—Purchase (Portion) — motor vehicles and garage space for the ASSIGNMENT OF HEARINGS Pacific Intermountain Express Co., MC-F- 11594, Pacific Intermountain Express Co.— storage of such vehicles when not fur­ O ctober 2, 1972. nished by this Administration. Merger—Ryder Truck Line, now being as­ Cases assigned for hearing, postpone­ signed November 29, 1972, at the Offices of 4. To rent temporarily SBA confer­ the Interstate Commerce Commission, ence space located within the respective ment, cancellation, or oral argument ap­ pear below and wall be published only Washington, D.C. geographical jurisdiction. Except Re­ MC-117686 Sub 134, Hirschbach Motor Lines, gional Director, Region III, whose juris­ once. This list contains prospective as­ Inc., now assigned October 11, 1972, at diction excludes the Metropolitan Wash­ signments only and does not include Washington, D.C., is canceled and appli­ ington area. cases previously assigned hearing dates. cation dismissed. The hearings will be on the issues as [FR DOC.72-17303 Filed 1 0 -10-72; 8:46 am] presently reflected in the official docket [ s e a l ] R o b e r t L . O s w a l d , of the Commission. An attempt will be Secretary. made to publish notices of cancellation of [FR Doc.72-17331 Filed 10-4-72; 10:10 am] hearings as promptly as possible, but TARIFF COMMISSION interested parties should take appropri­ [Notice 94] [TEA—W—157] ate steps to insure that they are notified of cancellation or postponements of ASSIGNMENT OF HEARINGS WORKERS’ PETITION FOR hearings in which they are interested. No DETERMINATION amendments will be entertained after the O c t o b e r 5, 1972. date of this publication. Cases assigned for hearing, postpone­ Notice of Investigation ment, cancellation, or oral argument ap­ I&S M—26022, General Increase, July 1972, On the basis of a petition filed under Eastern Central Territory, now assigned pear below and will be published only section 301(a)(2) of the Trade Expan­ October 10, 1972 at Washington, D.C. is once. This list contains prospective as­ sion Act of 1962, on behalf of the former postponed to October 18, 1972, at the Office signments only and does not include workers of the Airco Speer Electronics of the Interstate Commerce Commission, cases previously assigned hearing dates. Components, DuBois, Pa., the U.S. Tar­ Washington, D.C. The hearings will be on the issues as iff Commission, on October 4, 1972, in­ MC 66886 Sub 28, Belger Cartage Service, Inc., presently reflected in the Official Docket stituted an investigation under section hearing continued to October 4, 1972, at of the Commission. An attempt will be the Offices of the Interstate Commerce made to publish notices of cancellation 301(c)(2) of the Act to determine Commission, Washington, D.C. whether, as a result in major part of of hearings as promptly as possible, but MC—42487 Sub 785, Consolidated Freightways interested parties should take appropri­ concessions granted under trade agree­ Corp. of Delaware, now assigned October ments, articles like or directly com peti­ 30, 1972, at Lexington, Ky., is postponed ate steps to insure that they are notified tive with radio frequency coils, molded indefinitely. of cancellation or postponements of ceramic capacitors, and fixed precision No. 32055, Louisville and Nashville Railroad hearings in which they are interested. metal film resistors (of the type provid­ Co., et al. v. Akron, Canton & Youngstown No amendments will be entertained after ed for in Item Nos. 682.60, 685.80, and Railroad Co., et al., No. 34275, Cincinnati, 686.10 of the Tariff Schedules of the New Orleans & Texas Pacific Railway Co., the date of this publication. United States) produced by said firm are et al. v. Akron, Canton & Youngstown MC 83539 Sub 321, C & H Transportation Co., being imported into the United States in Railroad Co., et al., No. 35585, Akron, Can­ Inc., continued to January 9,1973 (2 days), ton & Youngstown Railroad Co., et al. v. at the Offices of the Interstate Commerce such increased quantities as to cause, or Aberdeen and Rockflsh Railroad Co., et al., Commission, Washington, D.C. threaten to cause, the unemployment or No. 35585 Sub 1, Burlington Northern, Inc., MC 135772, Barrett Transfer & Storage Co., underemployment of a significant num­ et al. v. Aberdeen and Rockflsh Railroad now assigned October 30, 1972, at Seattle, ber or proportion of the workers of such Co., et al., continued to November 1, 1972, Wash., hearing will be held in Room 1155, firm or an appropriate subdivision at the Offices of the Interstate Commerce 909 First Avenue. thereof. Commission, Washington, D.C. MC-113861 Sub 51, Wooten Transports, Inc., The optional public hearing afforded I&S No. 8761, TOFC Service, to and from Extension Memphis, Tenn., now assigned by law has not been requested by the pe­ Pacific coast ports, now assigned Novem­ October 30, 1972, at Memphis, Tenn., is ber 13, 1972, at Washington, D.C., is postponed indefinitely. titioners. Any other party showing a canceled. proper interest in the subject matter of F.D. No. 27022, The Colorado & Wyoming the investigation may request a hearing, MC 123383 Sub 61, Boyle Brothers, Inc., now Railway Co.—construction and operation, being assigned hearing November 7, 1972, Pueblo County, Colo., now assigned Octo­ provided such request is filed within 10 at the Offices of the Interstate Commerce days after the notice is published in the ber 30,1972. Commission, Washington, D.C. FD. 26945, Colorado and Southern Railway F e d e r a l R e g i s t e r . MC 21866 Sub 75, West Motor Freight, Inc., Co.—construction and operation—near The petition filed in this case is avail­ now being assigned hearing November 9, Minnequa, Pueblo County, Colo., now as­ able for inspection at the Office of 1972, at the Offices of the Interstate Com­ signed October 30, 1972, at Denver, Colo., the Secretary, U.S. Tariff Commission, merce Commission, Washington, D.C. will be held in Court Room, Fifth Floor, Eighth and E Streets NW., Washington, MC 133095 Sub 30, Texas Continental Express, Federal Building, 19th and Stout Streets, D.C., and at the New York City office of Inc., now being assigned hearing Novem­ Denver, Colo. the Tariff Commission located in room ber 13, 1972, at the Offices of the Interstate MC-110689 Sub 5, Airway Trucking Co., now Commerce Commission, Washington, D.C. assigned November 6, 1972, at San Fran­ 437 of the customhouse. MC 133095 Sub 28, Texas Continental Express, cisco, Calif., MC—F—11539 and MC-43038 Issued: October 5,1972. Inc., now being assigned hearing Novem­ Sub 451, directly related, Commercial Car­ ber 15, 1972, at the Offices of the Interstate riers, Inc.—control and merge—B.&H. By order of the Commission. Commerce Commission, Washington, D.C. Truckaway Co., now assigned November 13, MC 136748, Milton K. Morris, Inc., now being 1972, at San Francisco, Calif., will be held [ s e a l ] K e n n e t h R . M a s o n , assigned hearing November 15, 1972, at in Court of Claims Room 2041, Federal Secretary. the Offices of the Interstate Commerce Building, 450 Golden Gate Avenue, San [FR Doc.72-17304 Filed 10-10-72;8:47 am] Commission, Washington, D.C. Francisco, CA.

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21468 NOTICES

MC 44605 Sub 39, Millie Truck Lines, Inc., FSA No. 42543—Salt to Akron, Ohio. spondents be, and they are hereby, now being assigned January 8, 1972 (4 Filed by Southwestern Freight Bureau, weeks), at San Francisco, Oalif., in a bear­ required to cancel (1) the surcharge ing room to be later designated. agent (No. B-360), for interested rail tariff, as amended, and (2) the selective MC 51146 Sub 271, Scbneider Transport, Inc., carriers. Rates on salt, common, in box increase schedules to the extent not now assigned October 30, 1972, MC-C-7838, cars, as described in the application, approved herein. Moore Van & Storage, Inc., James W. Moore, from Jefferson Island, La., to Akron, It is further ordered, That outstand­ doing business as Ft. Worth Transfer Co. Ohio. ing orders in other proceedings be, and & Ft. Worth Storage & Transfer Co., O. K. Grounds for relief—Barge-truck they are hereby, modified so as to permit Transfer & Storage Co., Cartwright Van competition. establishment of the further changes in Lines, Inc., and American Bed Ball Transit Co., Inc.—investigation of operations, now Tariff—Supplement 34 to Southwest­ interstate freight rates and charges assigned October 31, 1972, MG 133095 Sub ern Freight Bureau, agent, tariff ICC herein authorized. 25, Texas Continental Express, Inc., now 4914. Rates are published to become ef­ It is further ordered, That all tariff assigned November 1, 1972, MC 113459 Sub fective on November 5, 1972. schedules changing interstate rates or 70, H. J. Jeffries Truck Line, Inc., now as­ charges under the authority of this or­ signed November 2, 1972, MC 115841 Sub FSA No. 42544—Acids between points der, which rates or charges are main­ 434, Colonial Refrigerated Transportation, in Minnesota, North Dakota, South tained or held in force by virtue of Inc., now assigned November 3, 1972, MC Dakota, also southern and southwestern outstanding orders of the Commission, 94350 Sub 298, Transit Homes, Inc., now territories. Filed by Western Trunk Line shall make specific reference to this assigned November 6, 1972, at Dallas, Tex., Committee, agent (No. A-2676), for in­ will be held in Room 5A-15, Federal Build­ order. terested rail carriers. Rates on acids, in It is further ordered, That in making ing, 1100 Commerce Street, Dallas, TX. tank-car loads, as described in the appli­ MC—59961 Sub 7, Lasham Cartage Co., now effective any increases in rates or charges assigned October 80, 1972, at Miami, Fla., cation, between points in Minnesota, herein authorized, the respondents be, win be held in Room 5720, Public Utilities North Dakota, and South Dakota, on the ,and they are hereby, required to protect Commission, Southwest 17th Street, Miami one hand, and points in southern and and maintain all established port rela­ FL. southwestern territories, on the other. tionships and to apply any such increases MC 3700 Sub 66, Manhattan Transit Co., Grounds for relief—Market competi­ on export or impart traffic subject to the now assigned October 30, 1972, at New­ tion and short-line distance formula and ark, NJT., will be held in the offices of the limitations provided in this report. Board of Public Utilities Commissioners of grouping. And it is further ordered, That this New Jersey, 1100 Raymond Boulevard, New­ Tariffs—Supplement 155 td Western proceeding be, and it is hereby, dis­ ark, NJ. Trunk Line Committee, agent, tariff ICC continued. A-4727, and supplement 149 to South­ [seal] R obert L. Oswald, western Freight Bureau, agent, tariff S upplemental F ourth S ection Order . Secretary. ICC 4883. Rates are published to become No. 20367 [FR Doc.72-17334 Filed 10-10-72:8:50 am] effective on November 10,1972. It appearing, that, the Commission, by By the Commission. fourth section order No. 20367, entered December 21, 1971, in Ex Parte No. 281, FOURTH SECTION APPLICATIONS FOR [seal! R obert L. Oswald, Increased F’reight Rates and Charges, RELIEF Secretary. 1972, as modified and amended by sup­ [FR Doc.72-17335 Filed 10-10-72:8:50 am] plemental order No. 20367, entered Feb­ October 5,1972. ruary 1, 1972, authorized carriers parties Protests to the granting of an appli­ to the proceeding to establish and main­ cation must be prepared in accordance [Ex Parte No. 281] tain the increased rates and charges de­ with Rule 1100.40 of the General Rules INCREASED FREIGHT RATES AND scribed therein without observing the of Practice (49 CFR 1100.40) and filed provisions of section 4 of the Interstate within 15 days from the date of publica­ CHARGES, 1972 Commerce Act; tion of this notice in the F ederal At a general session of the Interstate And it further appearing, that carriers R egister. Commerce Commission, held at its office parties to the proceeding applied for Long-and-S hort H aul in Washington, D.C., on the 27th day of relief from the provisions of section 4 of September 1972. the act necessary to establish the rates FSA No. 42541—-Corn and grain sor­ The Commission having this day made and charges sought; that the increase in ghums to points in Texas. Filed by a report on its investigation of increases rates and charges authorized herein can­ Southwestern Freight Bureau, agent (No. in freight rates and charges proposed by not be published and made effective B-359) , for interested rail carriers. Rates common carriers by railroad in the without producing in some instances on corn and grain sorghums and related United States in their petitions filed De­ rates or charges that yield greater com­ articles, in carloads, as described in the cember 13, 1971 (surcharge), and Feb­ pensation in the aggregate for the trans­ application, from points in Arkansas and ruary 28, 1972 (selective increases), and portation of like kind of property for a Missouri, to points in Texas. subsequent petitions related thereto, shorter than fo r a longer distance over Grounds for relief—Motortruck com­ said report containing its findings of fact the same line or route in the same direc­ petition. and conclusions thereon, which report tion, or greater compensation as a Tariff—Supplement 75 to Southwest­ is hereby referred to and made a part through rate or charge than aggregate of ern Freight Bureau, agent, tariff ICC hereof: intermediate rates or charges subject to 4967. Rates are published to become ef­ It is ordered, That changes hi freight the act, in contravention of section 4 fective on November 4, 1972. rates and charges, to the extent author­ thereof; It is ordered, That fourth section order FSA No. 42542—Soda ash from points ized herein, may be made effective upon notiee to the Commission and the gen­ No. 20367, entered, modified, and in Wyoming. Filed by Western Trunk amended as aforestated, be, and it is Line Committee, agent (No. A-2678) , for eral public of 15 days with respect to commodities not moving in the recycling hereby, further modified and amended by interested rail carriers. Rates on soda adding thereto the following para­ ash, in bulk, in covered hopper cars, as process and 35 days in the case of com­ modities being transported for purposes graphs: described in the application, from of recycling, by filing and posting in the It is further ordered, That, carriers Alchem, Stauffer, and Westvaco, Wyo., manner prescribed in the act. subject to the Interstate Commerce Act to Ottawa and Utica, HI. It is further ordered, That subject to and parties tô said proceeding be, and Grounds for relief—Rate relationship. they are hereby, authorized to depart the same (15-day) notiee requirement from the provisions of section 4 to the Tariff—Supplement 426 to Western and contemporaneously with effective extent necessary to establish and main­ Trunk Line Committee, agent, tariff ICC implementation of the authority relat­ tain the increases in rates and charges A-4411. Rates are published to become ing to nonrecyclable commodities con­ authorized in the order in Ex Parte No. effective on November 10,1972. tained in the preceding paragraph, re­ 281 of this date.

FEDERAL REGISTER, VOL. 37, NO. 197—-WEDNESDAY, OCTOBER 11, 1972 NOTICES 21469

It is further ordered, That, carrier par­ thereunder (49 CFR Part 1132), appear bany County Airport (Albany County), ties to said proceeding be, and they are below: Broome County Airport (Broome Coun­ hereby» authorized to establish and Each application (except as otherwise ty) , Olean Municipal Airport (Cattarau­ maintain rates and charges authorized specifically noted) filed after March 27, gus County), Jamestown Municipal in the order of this date, without ob­ 1972, contains a statement by applicants Airport (Chautauqua County), Chemung serving the long-and-short-haul pro­ that there will be no significant effect County Airport (Chemung County), Wa­ vision of section 4 of the act in cases on the quality of the human environ­ tertown Airport (Jefferson County), arising out of the failure to apply the ment resulting from approval of the ap­ Oneida County Airport (Oneida County), full increases in rates and charges over plication. As provided in the Commis­ Clarence E. Hancock (Onondaga Coun­ interstate routes between points in a sion’s general rules of practice any in­ ty), LaGuardia and John Fitzgerald single State, in turn caused by failure of terested person may file a petition seek­ Kennedy International Airports (Queens the State authorities to' authorize the full ing reconsideration of the following County), Massena Airport (Lawrence increases permitted in said proceeding. numbered proceedings within 30 days County), and Tompkins County Airport Aud it is further ordered, That in those from the date of service of the order. (Tompkins County), N.Y., Cleveland- instances in which rates in contravention Pursuant to section 17(8) of the Inter­ Hopkins Municipal Airport (Cuyahoga of section 4 are established under au­ state Commerce Act, the filing of such a County), Ohio, and Bradford-McKean thority contained herein, the schedules petition will postpone the effective date County Airport (McKean County), Pa. containing such shall make reference to of the order in that proceeding pending Robert D. Gunderman, Suite 1708, this order in the manner required by rule its disposition. The matters relied upon Statler Hilton, Buffalo, N.Y. 14202, at­ 28 of Tariff Circular No. 20. by petitioners must be specified in their torney for applicants. petitions with particularity. Amendment to Special P ermission N o. [seal] R obert L. Oswald, 72-2600, as Amended, Authorizing No. MC-FC-73037. By order of Au­ Secretary. Certain D epartures F rom the Com­ gust 10, 1972, Division 3, acting as an [FR Doc.72-17336 Filed 10-10-72;8:50 ami mission’s P ublished T ariff R egula­ appellate division, approved the transfer tions to Acadian Express, Inc., Buffalo, N.Y., of the operating rights in Certificate No. [Ex Parte No. 288] It is ordered, That Special Permission MC-128529 issued October 2, 1968, to No. 72-2600, as amended, be, and it is Cardinal Air Service Corp., Buffalo, N.Y., PROTECTIVE SERVICE CHARGES— hereby, further amended to permit the authorizing the transportation of gen­ 1972 establishment of the increases in freight eral commodities, with the usual excep­ Extension of Time for Filing Protests rates and charges authorized by the tions, between the Greater Buffalo In­ Commission in this order, subject to the ternational Airport (Erie County), N.Y., It appearing, that by report and or­ terms, conditions, and limitations on the one hand, and, on the other, der of the Commission on petition, en­ therein. Detroit Metropolitan Airport (Wayne tered on September 5, 1972, the It is further ordered, That said special County), Mich., Logan International Air­ respondents herein were authorized to permission, as amended, be, and it is port (Suffolk County), Mass., and Pitts­ publish certain increases in rates and hereby further modified and amended so burgh International Airport (Allegheny charges for protective services to be­ as to provide that all rule relief author­ County), Pa., and points in Erie County, come effective upon not less than 30 ized shall expire on July 13, 1973, in lieu N.Y. days’ notice, but not earlier than No­ of January 13, 1973, and that the special Robert D. Gunderman, Suite 1708, vember 6, 1972, with an appropriate re­ permission, as amended, shall be void as Statler Hilton, Buffalo, N.Y. 14202, at­ fund provision, and required the filing authority for filing on and after June 12, torney for applicants. of protests thereto not later than Octo­ 1973. ber 20, 1972; and And it is further ordered, That, in all No. MC-FC-73038. By order of Au­ It further appearing, that the respond­ other respects, the terms of the original gust 10, 1972, Division 3, acting as an ents have advised the Commission that permission, as heretofore amended, shall Appellate Division, approved the trans­ they expect to file the said Increases on remain the same. fer to Buf-Air Freight, Inc., Cheek- October 16, 1972, to become effective on towaga, N.Y., of the operating rights in By the Commission. 30 days’ notice, or on November 15, Certificate No. MC-128529 (Sub-No. 1), 1972; and that, in view thereof, to afford [seal] R obert L. Oswald, issued August 31, 1967, to Cardinal Air the shipping public an adequate oppor­ Secretary. Service Corp., Buffalo, N.Y., authorizing tunity to evaluate the proposal and to the transportation of general commodi­ [FR Doc.72-17332 Filed 10-10-72;8:50 am] prepare any protests thereto; therefore, ties, with the usual exceptions, (1) be­ It is ordered, That the time for filing tween the Greater Buffalo International protests be, and it is hereby, extended [Notice 139] Airport (Erie County), N.Y., and to October 30, 1972. Rochester-Monroe County Airport m o to r c a r r ie r b o a r d t r a n s f e r (Monroe County), N.Y., and points in Dated at Washington, D.C., this 27th PROCEEDINGS Genesee County, N.Y., and (2) between day of September 1972. Synopses of orders entered by Divi­ the Greater Buffalo International Air­ By the Commission, Chairman port (Erie County), N.Y., and the Stafford. sion 3 of the Commission pursuant to Rochester-Monroe County Airport sections 212(b), 206(a), 211, 312(b), and (Monroe County), N.Y., on the one hand, [ seal] R obert L. Oswald, 410(g) of the Interstate Commerce Act, and, on the other, the following airports: Secretary. and rules and regulations prescribed Newark Airport (Essex County), N.J., Al­ [FR Doc.72-17333 Filed 10-10-72;8:50 am]

FEDERAL REGISTER, VOL. 37, NO. 197— WEDNESDAY, OCTOBER 11, 1972 21470 FEDERAL REGISTER

CUMULATIVE LIST 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.

3 CFR Page 9 CFR Page 17 CFR P roclamations : 76— ...... 20805, 20933,21277 211------20937 4160______„ 20665 82------21427 231—------——------20937 4161 ...... 20931 92------21149 241------20937 4162 ______;■______21411 94—...... 21149 251---- 20937 4163 ______21413 271------20937 4164 ______21415 10 CFR 4165 ______21417 P roposed R ules: 4166„______21419 P roposed R ules: 239______—------21445 E xecutive Orders: 170----- — ______„ 20871 240_ - ______11671 (amended and super­ 249______— ------21445 seded by EO 11686)______21421 12 CFR 11686______21421 18 CFR 225______20673 P roposed R ules: 4 CFR P roposed R ules: P roposed R ules : 2— _____ — — 21181 545 21178 101______- _ — — 21181 331______21177 561 21179 104______—;______21181 404______20956 563 21179 201-______R— ___ 21181 204______21181 5 CFR 13 CFR 801...... ______21355 213______- ____ 21149 302 890______20667 ______Z______— 21154 2411______20668 19 CFR 2470 ______- 20671 14 CFR l i ______— ______20678 2471 ____ 20671 2 4 ______— ____ 20678 23______21320 20678 27_____ 21320 133______6 CFR 39______20673, 21320 P roposed R ules: 101______20949 71______— ______20674, 22— ______20951 201 ______21306 20806, 20807, 20934, 21160, 21321, 202 ______21306 21427 300______20828, 21440 75______20807, 21160 20 CFR 305______20950 91____ 20934 406 21162,21428 Rulings______20829-20837 97______:______20935 722— ...... 21429 121______20936 7 CFR 169_____ 21321 51 ___ _ 21423 Ch. II______20807 21 CFR 52______- ______21155 207 __ 20674 19______„ 20937 908______„—„ ___ 20933,21307 208______;______20674 121______21150,21151,21278 910______„______21157,21308 212______20674, 20807 135a______- ■ ■ ■ 20938 912______21308 214-______20675, 20807 135b______20938, 20939, 21429 966______21423 217______20675 135c______20683, 20939 980______21424 239______21161 135e______20683, 20939, 21279 1040_____ 20804 241______20676 135g______: 20683 1043______20804 249______20676, 20808 141______21302 1801___ 21425 372a______20808 148z______21302 1832______-______21158 405______21162 164______20685 1861______- ______21425 1890n_____ 1___ - ______21425 P roposed R ules: P roposed R ules: 10______21102 P roposed R ules: 39____ 21444 71______- ______- ___ 20727, 26______— '...... 21103 58______21331 20871, 20952-20955, 21160, 21174 50- ______Jñ „ 21106 319______21444 21175 21112 722______20721 51______725______21443 91______20955 135—______21174 207 ______21347 20870.21344 730______- ____ 21173 208____ — ______21347 141—__ ___ 775______21332 212______21347 141c______21344 811______21333 214______21347 146c______21344 911______— 20951 239______:_A______21175 148f______21347. 929______20867 ____ 21344 982______21442 149q______984____ 21443 15 CFR 150d...... — ___ 21344 1032______21171 1050______20952, 21171371 21309 23 CFR 1062______21171 373 21309 1064 _ 21171 376 21310 „ 21430 1065 ______21171 1099______21332 16 CFR 24 CFR 1139______20867 1914______20940,21433 1421______21174, 21335 13______21312, 21313, 21315-21318 __ 21434 1701__ 20867, 20952 600______- 21319 1915______FEDERAL REGISTER 21471

26 CFR Pase 40 CFR Page 46 CFR— Continued Page x...... 20686, 20688,20767, 20799, 21434 115______21441 P roposed R ules: 123______21441 24 21264 Proposed R ules: 180______20825, 21151, 21152, 21278 25—______-______21264 ______20700, 20719, 20853 1 P roposed R ules: 160— ______21266 170______21330 390______21335 201______20838 85______20914 Ch. IV______21184 250-______—- 21330 251______------21330 41 CFR 301______20700,21442 47 CFR 1_1 73 20693 ______21324 1_3______2069397______21325 29 CFR 1_15______20693 ! 5A—1 21138 ______20693 P roposed Rules: = 211389 -7 . IIIIIIIIII—______21322 2 ______20872, 21352 55 9—16 21165______- ______21322 73 20874, 21353 3.904III______20822, 20823 9—53______-——______21322 81 _ 20729 1913______21303 101-26____—______20940 83______20729 101-32______20941 87______20872 Proposed R ules: 114-51______20941 1902____ — 20728 P roposed R ules: 49 CFR 60-1______20870 30 CFR 192___ 20694, 20826 101-19______- ____ 20958 393______21439 ______20689 555______20943 43 CFR 571__ 20695, 21328 32 CFR P ublic Land Orders: 1005______20943 1033______20827,21153 818a------20823 1985 (see PLO 5263)------20942 1201______20696 824______20825 5263______20942 1202-______20696 1301 ______—------— 20942 1204 ______20697 1302 ______20942 45 CFR 1205 ______20697 1472______20690 118 ______20760 1206 ______20697 1477______20690 131— 1______— 21436 1207 ______20698 177______20699 1208 ______— 20698 33 CFR 701______21152 1209 ______20698 1068______21437 1210 ______20699 72 20693 1069— ______21438 1249______20944 92IIIIIIII—_____ - ______21151 173 ______;______21396 46 CFR P roposed R ules: 174 ______.______21396 31______20826 571______20956 Proposed R ules: 71 ______20626 175__ 21262 91 ______20826 171 ______21404 50 CFR 1721_____ -______— 21404 10 20699 38 CFR I73 ______21404 32— 1— ______- __ 20828, 3...... 21436 280— 1— I____ - ______21323 20944, 20948, 20949, 21329, 21436

FEDERAL REGISTER PAGES AND DATES— OCTOBER

Pages Date 20659-20760______Oct. 3 20761-20923______4 20925-21142______5 21143-21270______6 21271-21404______:------7 21405-21471______11

• .

mStÊ

■

-

. ' •

Public Papers of the Presidents Richard Nixon/1970 o f t h e 1305 Pages/Price: $15.75 United States

Contents • Messages to the Congress • Public speeches and letters • The President's news conferences • Radio and television reports to the American people • Remarks to informal groups

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

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

Prior Volumes Volumes covering the administra* tions of Presidents Truman, Eisenhower, Kennedy, Johnson« and the first year of President Nixon are available at varying prices from the Superintendent Of Documents, U.S. Government Printing Office, Washington, D.C, 20402.