TUESDAY, MARCH 7, 1972 WASHINGTON, D.C.

Volume 37 ■ Number 45

Pages 4893-4945

PART I

(Part II begins on page 4943)

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.

ECONOMIC STABILIZATION— Pay Board makes more explicit the violations provisions; effective 3 -2 -7 2 ...... 4899 1RS notice of a Price Commission ruling to include ambulance service under controls...... 4921 RICE MARKETING QUOTAS— USDA publishes re­ sults of the referendum for the year 1972-1973.. 4899 AIR PIRACY— FAA sets up a security program to be adopted by the airlines...... 4904 ANTIBIOTICS— FDA brings one penicillin drug up to date and recodifies the rules for a group of others (2 documents)...... 4906, 4907 HOUSEHOLD PRODUCT SAFETY— FDA bans substances containing soluble cyanide salts...... 4909 Gl EDUCATIONAL AWARD CUTOFFS— VA changes effective date from end of month to end of year; effective 1 -1 -7 2 ...... 4912 NITROGLYCERIN DRUGS— FDA proposes new tight packaging and clear warning standards; comments within 60 days...... 4918 PAINT POISONING— HEW prohibits lead-based paint in Federal construction; effective 3 -7 -7 2 ... 4915 ANIMALS IN CAPTIVITY— USDA requests infor­ mation on the space and exercise needs of warm­ blooded species (2 documents)...... 4918 PESTICIDES— EPA sets tolerances for a banana insecticide, an apple plant regulator and a sugar insecti­ cide (3 documents); effective 3 -7 -7 2 ...... 4912, 4913 EPA extends a temporary tolerance for a rice straw herbicide...... 4929 (Continued inside) \

Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of January 1,1972)

Title 37—Patents, Trademarks, and Copyrights------$.70 Title 43—Public Lands: Interior (Parts 1-999)— ---- :— 1. 50 Title 46—Shipping (Part 200-End)______3. 00

[A Cumulative checklist of CFR issuances for 1972 appears in the first issue of the Federal Register each month under Title 1]

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

¡¡JfJfjjg ; Up 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 federalW hegister Archives and Records Service, General Services Administration, Washington, D.O. 20408, Area Code 202 _____ Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative CoAimittee 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 R egister 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 o f F ederal R eg ulatio ns, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of F ederal R egulations 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 F ederal R egister or the Code of F ederal R egulations. HIGHLIGHTS— Continued

PRIME TIME ACCESS RULE— FCC grants “one PEANUT CROP INDEMNIFICATION— USDA al­ time" waivers to TV stations in Miami and lows for claims from handlers sustaining a loss; Houston ...... 4930 effective 3 -1 -7 2 ...... 4924

Contents

AGRICULTURAL STABILIZATION CONSUMER AND MARKETING Proposed Rule Making AND CONSERVATION SERVICE SERVICE Boeing airplanes; airworthiness directive ______4919 Rules and Regulations Rules and Regulations Domestic dates produced or Rice; result of marketing quota packed in Riverside Co., Calif.; FEDERAL COMMUNICATIONS referendum ______4899 free and restricted percentages COMMISSION and withholding factor for AGRICULTURE DEPARTMENT Zahidi dates______4900 Notices Lemons grown in California and See Agricultural Stabilization and Hearings, etc.: Arizona; handling limitation-. 4899 Conservation Service; Animal Cowles Florida Broadcasting, and Plant Health Service; Con­ Notices Inc., and Central Florida En­ sumer and Marketing Service. Peanuts; 1971 crop; indemnifica­ terprises, Inc______4929 tion ______4924 Stations WTVJ, Miami, Fla., ANIMAL AND PLANT HEALTH and K H O U-TV, Houston, SERVICE CUSTOMS BUREAU T e x a s ______4930 Rules .and Regulations United Television Co.', Inc., et Proposed Rule Making al :------4930 Customs warehouses and control' Animal welfare: of merchandise therein; security Mandatary exercise require- of cargo in unlading areas and FEDERAL MARITIME m ents_____ .______— 4918 clearance of containerized car­ COMMISSION Space requirements______4918 go; correction______4905 Notices ENVIRONMENTAL PROTECTION ATOMIC ENERGY COMMISSION Agreements filed: AGENCY Rules and Regulations International Passenger Ship Association______4931 Procurement and contracts; mis- Rules and Regulations cellaneous amendments _____ 4914 Tolerances for pesticide chemicals United Stevedoring Corp. and Small business concerns; miscel­ in or on raw agricultural com­ Boston Shipping Association. 4932 laneous amendments— ______4913 modities: Notices 0 ,0 - Diethyl O - (2 - diethyla- FEDERAL POWER mino - 6 - methyl - 4 - pyrimi- Boston Edison Co.; availability of dinyl) phosphorothioate____ 4912 COMMISSION draft statement on environ­ a-Naphthaleneacetamide______4912 mental considerations for Pil­ Sodium trichloroacetate______4913 Notices grim Nuclear Power Station__ 4927 Hearings, etc.: Cincinnati Gas & Electric Co. et Notices al.; hearing on application for 2,4-Dichlorophenyl p-nitrophenyl Amerada Hess Corpi1 et al______4932 construction permit______4925 ether ;v extension of temporary Columbus and Southern Ohio Georgia Power Co.; exemption tolerances ______4929 Electric Co______}____ 4932 from licensing for certain con­ Mobil Oil Corp______4933 struction activities at Edwin I. FEDERAL AVIATION Transwestern Pipeline Co_____ 4932 Hatch Nuclear Plant Site______4927 ADMINISTRATION Kerr-McGee Corp.; determina­ tion not to suspend operations Rules and Regulations FEDERAL RESERVE SYSTEM at Sequoyah Uranium’ Hexa­ Airworthiness directives: Notices fluoride Plant pending comple­ American Aviation aircraft___ 4901 tion of NEPA environmental British Aircraft Corp. airplanes. 4900 Mercantile Bancorporation Inc,; review ______4928 Hawker Siddeley airplanes (2 order approving acquisition of Orders extending provisional con­ documents)______4901, 4902 b a n k ------4934 struction permit completion Pratt & Whitney aircraft Orders approving formation of dates: engines ______4902 bank holding companies: Duke Power Co______4927 Alterations: State National Bancshares, Inc. 4935 Wisconsin Public Service Corp. Control zones and transition Trans Texas Bancorporation, et al.______4928 area ______... 4902 Inc ------_____ 4935 Federal airway segment______4903 CIVIL AERONAUTICS BOARD Reporting points______4903 Restricted airspace______4903 FISCAL SERVICE Notices Aviation security; certain air car- Hearings, etc.: riers and commercial operators; Rules and Regulations Air Haiti, S.A______4928 security programs and other re­ Offering of U.S. Savings Bonds, Air West Tacoma deletion quirements ______4904 Series H ______:______4944 case ______4928 Designations: Piair Ltd______4928 Area high routes______4904 World Airways, Inc______4929 Federal airway segments______4903 (Continued on next page) 4895 4896 CONTENTS

FOOD AND DRUG Notices SECURITIES AND EXCHANGE ADMINISTRATION Assignment of hearings ____ 4939 COMMISSION Fourth section application for Rules and Regulations relief ______4939 Notices Motor carrier transfer proceedings Hearings, etc.: Banned hazardous substances; (2 documents)______4939, 4940 household products containing IT T Variable Annuity Insurance Co. and IT T Variable soluble cyanide______4909 An­ LAND MANAGEMENT BUREAU nuity Insurance Co. Separate Canned peaches, pears, and fruit cocktail; identity standards; Rules and Regulations Account______4936 Natural Resources Fund, Inc_ 4937 correction ______4905 New Mexico; public land order__4916 Hydroxylamine colorimetric as­ Ohio Electric Co. and Ohio say ______4906 Power Co______4937 Penicillin and nafcillin; recodifi­ NATIONAL CAPITAL Precision Sound Centers, Inc___ 4939 cation ______i______1 4907 PLANNING COMMISSION Proposed Rule Making Notices SMALL BUSINESS Nitroglycerin preparations; pack­ ADMINISTRATION aging requirements and w am - Protection and enhancement of ings directed to pharmacist and environmental quality in N a­ Notices patient___:______4918 tional Capital Region; policies and procedures______4936 Supervisory Loan Officer, Regional HEALTH, EDUCATION, AND LA Division, Los Angeles Dis­ trict Office, et al.; delegation of WELFARE DEPARTMENT NATIONAL LABOR authority to conduct program See Food and Drug Administra­ RELATIONS BOARD activities in field offices______4937 tion; Public Health Service; So­ cial Security Administration. Rules and Regulations Prevention of unfair labor prac­ SOCIAL SECURITY INDIAN AFFAIRS BUREAU tices: ADMINISTRATION Rules and Regulations Appeal to general counsel from San Carlos Indian Irrigation Proj­ refusal to issue or reissue___^ 4911 Notices ect, Ariz.; charges and rates____ 4910 Duties and powers of Trial Examiners ______v______4911 Fiji; finding regarding foreign Notices Hearings ______4911 social insurance or pension system ______4925 Superintendents et al.; delegation of realty authority______4922 NATIONAL PARK SERVICE TRANSPORTATION DEPARTMENT INTERIOR DEPARTMENT Notices See Federal Aviation Administra­ See Indian Affairs Bureau; Land National Register of Historic tion. Management Bureau; National Places; additions, deletions, or Park Service. corrections______4923 TREASURY DEPARTMENT INTERNAL REVENUE SERVICE PAY BOARD See also Customs Bureau; Fiscal Notices Service; Internal Revenue Serv­ Ambulance service; Price Com­ Rules and Regulations ice. mission ruling______4921 Stabilization of wages and sal­ Granting of relief regarding fire­ aries: Notices arms acquisition, shipment, pos­ Executive and variable compen- session, etc______4921 Office of Foreign Assets Control; sation; correction— ___ ;_____ 4899 authority and functions ____ 4922 Violations ______4899 INTERSTATE COMMERCE COMMISSION PUBLIC HEALTH SERVICE VETERANS ADMINISTRATION Rules and Regulations Rules and Regulations Car service; Norfolk and Western Rules and Regulations Railway Co. authorized to oper­ Lead-based paint poisoning pre­ Vocational rehabilitation; reduc­ ate over tracks of Penn Central vention in Federal and fed­ tion or discontinuance of educa­ Transportation Co______4917 erally assisted construction____ 4915 tional awards______4912 CONTENTS 4897 List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears following the Notices section 4»f each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1972, and specifies how they are affected.

6 CFR 19 CFR 31 CFR 201 (2 documents)______4899 19______4905 332______4944 21 CFR 38 CFR 7 CFR 21______4912 27______' 4905 730______4899 40 CFR 910______4899 141______4906 987______49Q0 141a (2 documents)____,______4906, 4907 180 (3 documents)______4912, 4913 146a______4907 41 CFR 148w______4906 9 CFR 9-1____ 4913 149b______1______— 4906 9-5_____ 4914 P roposed R u l e s : 149d______4907 9-7______— 4914 3 (2 documents)______4918 191______4909 9-8____ 4915

P roposed R u l e s : 9-16______*-_____ 4915 14 CFR ^ 3______- 4918 42 CFR 39 (5 documents)______4900-4902 90—,______— — 4915 71 (4 documents) ______;• 4902, 4903 25 CFR 43 CFR 73______4903 233____ 4910 75___ 4904 P ublic L and O rder: 121.______4904 29 CFR 5165______- ______4916 P roposed R u l e s : 101 ______. 4911 49 CFR 39...... 4919 102 (2 documents),______4911 1033 4917

4899 Rules and Regulations

to induce, solicit, encourage, force or re­ § 730.1508 Proclamation of the result of Title 6— ECONOMIC quire any other person to fail or refuse the rice marketing quota referendum to comply with an order or decision of for the marketing year 1972—73. STABILIZATION the Pay Board. In a referendum of farmers engaged in the production of rice of the 1971 crop Chapter II— Pay Board Notwithstanding paragraph (c) of this section, it shall not be a violation to held by mail ballot during the period PART 201 — STABILIZATION OF bargain for, request, contract for or agree January 17 to 21, 1972, each inclusive, WAGES AND SALARIES to (as contrasted with paying or receiv­ 11,661 voted. O f those voting 11,021, or ing) a wage and salary increase in ex­ 94.5 percent favored quotas for the mar­ Violations cess of the maximum permissible annual keting year beginning August 1, 1972. aggregate wage and salary increase. The Therefore, rice marketing quotas will be Section 201.17 of the Stabilization of in effect for the 1972-73 market year. Wages and Salaries Regulations is preceding sentence shall not apply to amended to make more explicit the pro?- those situations where the Board has (Secs. 354, 375, 52 Stat. 61, as amended, 66, visions relating to violations of the Eco­ denied an appeal from a determination as amended; 7 U.S.C. 1354, 1375) nomic Stabilization Act of 1970, as by the Internal Revenue Service, or Effective date: Upon publication in rendered a decision on a pay challenge amended (85 Stat. 743), the decisions the F ederal R eg ister (3-7-72). and orders of the Pay Board and said or request for an exception. Signed at Washington, D.C., on regulations. [P R Doc.72-3409 Piled 3-6-72;8:48 am] March 1,1972. Pursuant to the authority vested in K e n n e t h E. F r ic k , the Pay Board by the Economic Stabili­ PART 201— STABILIZATION OF Administrator, Agriculture Sta­ zation Act of 1970, as amended (Public bilization and Conservation Law 91-379, 84 Stat. 799; Public Law WAGES AND SALARIES Service. 91-558, 84 Stat. 1468; Public Law 92-8, 85 Stat. 13; Public Law 92-15, 85 Stat. Executive and Variable Compensation [FR Doc.72-3433 Filed 3-6-72;8:50 am] 38; Public Law 92-210, 85 Stat. 743), Correction Executive Order No. 11640 (37 P.R. 1213, January 27, 1972), and Cost of Living In F.R. Doc. 72-2402 appearing at page Chapter IX— Consumer and Market­ Council Order No. 3 (36 F.R. 20202, Octo­ 3357 in the issue for Tuesday, Feb­ ing Service (Marketing Agreements, ber 16, 1971), as amended, the Pay ruary 15, 1972, in § 201.72(g) (4), line and Orders; Fruits, Vegetables, Board hereby adopts the following 4, the word “preference” should read Nuts), Department of Agriculture amendments to Part 201 in implementa­ “reference”. [Lemon Regulation 522, Arndt. 1] tion of the President’s economic program. Because of the need for immediate PART 910— LEMONS GROWN IN guidance from the Pay Board with re­ CALIFORNIA AND ARIZONA spect to the provisions contained herein, Title 7— AGRICULTURE it is hereby found impracticable to issue Chapter VII— Agricultural Stabiliza­ Limitation of Handling these amendments with notice and pub­ tion and Conservation Service (a) Findings. (1) Pursuant to the lic procedure thereon under 5 U.S.C. sec. marketing agreement, as amended, and 553(b), or subject to the effective date (Agricultural Adjustment), Depart­ ment of Agriculture Order No. 910, as amended (7 CFR Part limitation of 5 U.S.C., sec. 553(d). 910; 36 F.R. 9061), regulating the han­ Effective date. These regulations shall SUBCHAPTER B— FARM MARKETING QUOTAS dling of lemons grown in California and be effective on the date of their publica­ AND ACREAGE ALLOTMENTS Arizona, effective under the applicable tion in the F ederal R e g ister (3-7-72). PART 730— RICE provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 G eorge H . B o ld t , Subpart-— 1972—73 Marketing Year U.S.C. 601-674), and upon the basis of Chairman of the Pay Board. the recommendations and information P roclamation o f R e s u l t o f M a r k e t in g Section 201.17 is amended to read as submitted by the Lemon Administrative follows: Q u o t a R e f e r e n d u m Committee, established under the said Section 730.1508 is issued to announce amended marketing agreement and or­ § 201.17 Violations. the results of the rice marketing quota der, and upon other available informa­ It shall be a violation of pay Board referendum for the marketing year Au­ tion, it is hereby found that the limitation regulations, subject to the sanctions, gust 1, 1972, through July 31, 1973, un­ of handling of such lemons, as herein­ fines, penalties and other relief provided after provided, will tend to effectuate the der the provisions of the Agricultural in the Act, for any person to: declared policy of the act. (a) Pay any portion of a wage and Adjustment Act of 1938, as amended. (2) It is hereby further found that salary increase not authorized by such The Secretary proclaimed a marketing it is impracticable and contrary to the regulations or Pay Board decision; quota for rice for the 1972-73 market­ public interest to give preliminary no­ (b) Receive or accept any portion of ing year and announced that a referen­ tice, engage in public rule making pro­ a wage and salary increase not author­ dum would be held during the period cedure, and postpone the effective date ized by such regulations or Pay Board of this amendment until 30 days after January 17 to 21, 1972, each inclusive, decision ; publication hereof in the F ederal R eg­ (c) Induce, solicit, encourage, force, by mail ballot in accordance with part is t e r (5 U.S.C. 553) because the time or require, or attempt to induce, solicit, 717 of this chapter. intervening between the date when in­ encourage, force or require, any other Since the only purpose of § 730.1508 formation upon which this amendment person to pay or to receive any portion is to announce the referendum results, is based became available and the time of a wage and salary increase not au­ it is hereby found and determined that thorized by such regulations or Pay when this amendment must become ef­ Board decision; or compliance with the notice, public pro­ fective in order to effectuate the declared (d) Fail or refuse to comply with an cedure, and 30-day effective date pro­ policy of the act is insufficient, and this order or decision of the Pay Board or visions of 5 U.S.C. 553 is unnecessary. amendment relieves restriction on the

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 4900 RULES AND REGULATIONS handling of lemons grown in California Committee recommended a free per­ be failed or replacement of assemblies and Arizona. centage of 100 percent. found to have failed spigots with im­ (b) Order, as amended. The provi­ After consideration of all relevant proved assemblies, and permitting the sion in paragraph (b )(1 ) of §910.822 matter presented, including that in the discontinuance' of periodic inspections (Lemon Regulation 522, 37 F JR. 4070) notice, the information and recommen­ after the installation of improved as­ during the period February 27, 1972, dation submitted by the Committee, and semblies, on British Aircraft Corp. through March 4, 1972, is hereby other available information, it is found Model BAC 1-11 200 and 400 series air­ amended to read as follows: and determined that to revise the free planes, was published in 36 F.R. 19392 on and restricted percentages, and with­ October 5,1971. § 910.822 Lemon Regulation 522. holding factor for Zahidi dates (§ 987.219 Interested persons have been afforded ♦ * * ♦ * 36 F.R. 23894), as set forth below, will an opportunity to participate in the mak­ Cb) Order. (1) ♦ * * 250,000 cartons. tend to effectuate the declared policy ing of the amendment. No objections ..... of the act. were received. (Secs. 1-19, 48 Start;. 31, as amended; 7 U.S.C. Therefore, § 987.219 (36 F.R. 23894) is In consideration of the foregoing, and 601-674) amended by revising paragraph (b) to pursuant to the authority delegated to read as follows: me by the Administrator (14 CFR 11.89), Dated: March 2,1972. § 39.13 of Part 39 of the Federal Aviation § 987.219 Free and restricted percent­ P a u l A . N ic h o l s o n , ages and withholding factors.1 Regulations is amended by adding the Deputy Director, Fruit and following new airworthiness directive: . . . * . Vegetable Division, Consumer B r it is h A ircraft Corp. Applies to Model BAC and Marketing Service. (b) Zahidi variety dates. Free per­ 1-11 200 and 400 series airplanes which centage, 100 percent; restricted percent­ [F R Doc.72—3432 Filed 3-6-72; 8:50 am] do not have BAC Modification PM 4621 age, 0 percent; and withholding factor, Pant (lb) incorporated on all flap sections. 0 percent; Compliance is required as indicated. PART 987— DOMESTIC DATES PRO­ * * * * * To prevent failures of the flap forward DUCED OR PACKED IN RIVERSIDE It is further found that good cause inboard pickup fitting assemblies (six per COUNTY, CALIF. exists for not postponing the effective airplane), accomplish the following: time of this action until 30 days after (a ) For flap sections with a pickup fitting assembly with a spigot having P/N AB09- F ederal R egister (5 Revision of 1971—72 Free and Re­ publication in the 1723 (pre-Mod. 4621) insitalled: stricted Percentages and Withhold­ U.S.C. 553) in that: (1) Under this mar­ (1) Remove the lower inboard access ing Factor for Zahidi Dates keting agreement and order program panel and visually inspect the pickup fitting the percentages and withholding factors assembly for failure of the spigot in accord­ Notice was published in the Feb­ designated for a particular crop year, ance with British Aircraft Corp. Model BAC ruary 16, 1972, issue of the F ederal R eg­ and any revision thereof, shall be ap­ 1-11 Alert Service Bulletin No. 57-A-PM ist e r (37 F.R. 3439), regarding a revision plicable to all marketable dates certi­ 4621, Issue 2, dated July 27, 1970 or an of the volume percentages applicable to FAA-approved equivalent as follows: fied during the entire crop year; (2) the (1) On the inboard (No. 1) flap sections, marketable dates of the Zahidi variety current crop year began October 1, 1971, within the next 650 landings after the effec­ for the 1971-72 crop year (§ 987.219; 36 and the revised percentages and with­ tive date of this AD, or before the accumula­ F.R. 23894). The proposal was to reduce holding factor herein designated will au­ tion of 7,500 landings on the pickup fitting the restricted percentage for the variety tomatically apply to all marketable assembly spigot, whichever occurs later, and from the current 10 percent to 0 percent, dates of the Zahidi variety certified on thereafter at intervals not to exceed 650 increase the free percentage from the or after that date; and (3) this action landings from the last inspection until the relieves restrictions on handlers and spigot is replaced in accordance with para­ current 90 percent to 100 percent, and graph (a) (4) ( i i ) , or the assembly is replaced must be taken promptly to achieve its reduce the withholding factor from the in accordance with paragraph (a) (4) (ill). purpose. current 11.1 percent to 0 percent. The (ii) On the center (No. 2) and outboard (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (No. 3) flap sections, within the next 2,000 proposed revision was unanimously 601-674) landings after the effective date of this AD, recommended by the California Date Ad­ or before the accumulation of 7,500 landings Dated: March 1,1972. ministrative Committee. The Committee on the pickup assembly spigot, whichever occurs later, and thereafter at intervals not P a u l A . N ic h o l s o n , Is established under, and its recom­ to exceed 2,000 landings from the last inspec­ mendation was made pursuant to, the Deputy director, Fruit and tion until the spigot is replaced in accord­ Vegetable Division, Con­ marketing agreement, as amended, and ance with paragraph ( a ) (4 ) (i i ), or the as­ sumer and Marketing Service. sembly is replaced in accordance with Order No. 987, as amended (7 CFR Part [FR Doc.72-3403 Filed 3-6-72;8:48 am ] paragraph (a) (4) (iii). 987; 36 F.R. 15053) regulating the (2) If a failed spigot is found during an handling of domestic dates produced or inspection required by paragraph (a)( 1), before further flight comply with paragraph packed in Riverside County, Calif., ef­ (a )(4 ). fective under the Agricultural Market­ Title 14— AERONAUTICS AND (3) ~ Within the next 1,000 landings after the effective date of this AD or before the ing Agreement Act of 1937, as amended accumulation of 25,000 landings on the (7 U.S.C. 601-674). SPACE pickup assembly spigot, whichever occurs The current available supply of Zahidi Chapter I— Federal Aviation Adminis­ later, comply with paragraph (a) (4). marketable dates is estimated to be 2.2 (4) Comply with either subparagraph (i), tration, Department of Transportation (ii), or (iii). million pounds, or 0.21 million pounds [Docket No. 11435, Arndt. 39-1406] (i) Replace an affected spigot with a less than originally estimated in October serviceable spigot of the same part number 1971. The reduction in Zahidi production PART 39— AIRWORTHINESS and continue to inspect in accordance with is more than the quantity (0.20 million DIRECTIVES paragraph (a) ( 1); or (ii) Replace an affected spigot with an pounds) which the industry intended to British Aircraft Corporation Model improved spigot, P/N AB09-3887 (BAC Modi­ remove from free tonnage outlets last BAC 1—11 200 and 400 Series Air­ fication PM 4621, Part (a)) in accordance October. Although the current available with British Aircraft Corp. Model BAC 1-11 planes Service Bulletin No. 57-PM 4621, Issue 1, supply of Zahidi dates is slightly more dated May 18, 1970 or an FAA-approved than estimated trade demand require­ A proposal to amend Part 39 of the equivalent and inspect in accordance with Federal Aviation Regulations to include ments (2 million pounds), the Commit­ paragraph (b )( 1); or an airworthiness directive requiring pe­ tee’s most recent recommendation an­ (iii) Replace the assembly containing the riodic inspections of the flap forward in­ affected spigot with a new assembly (BAC ticipated that the excess will not create board pickup fitting assembly spigots for Modification PM 4621, Part (b )) in accord­ marketing problems. Therefore, the failure, replacement of spigots found to ance with British Aircraft Corp. Model BAC

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 RULES AND REGULATIONS 4901

1-11 Service Bulletin No. 57—PM 4621, Issue 1, safety was critical, an airmail dispatch sion, and repair or replacement as neces­ dated May 18, 1970 or an FAA-approved was transmitted to all known owners of sary, and extending those requirements equivalent. the subject aircraft under date of Feb­ to engine mounting frames incorporating (b) For flap sections with a pickup fitting Heron Modification 1529 or manufac­ assembly with a spigot having P/N AB09- ruary 2,1972, and amended by a dispatch 3887 (post-Mod. 4621, Part (a )) installed: of February 9, 1972. This latter dispatch tured to the standards of Modification ( 1) Remove the lower inboard access panel clarified the need to inspect for both in­ 1529 on Hawker Siddeley Model DH-114 and visually inspect the pickup fitting as­ terior as well as exterior damage to the “Heron” airplanes was published in 36 sembly for failure of the spigot in accordance cables. The same urgency still exists and F.R. 14760 on August 11,1971. with British Aircraft Corp. Model BAC 1-11 requires expeditious adoption of this air­ Interested persons have been afforded Alert Service Bulletin No. 57-A-PM 4621, worthiness directive. Therefore notice an opportunity to participate in the mak­ Issue 2, dated July 27, 1970 or an FAA-ap- and public procedure hereon are imprac­ ing of the amendment. No objections proved equivalent as follows: were received. (1) On the inboard (No. 1) flap sections, tical and the amendment may be made within the next 650 landings after the ef­ effective in less than 30 days. In consideration of the foregoing, and fective date of this AD or before the ac­ In consideration of the foregoing and pursuant to the authority delegated to cumulation of 20,000 landings on the pickup pursuant to the authority delegated to ~me by the Administrator (14 CFR 11.89), fitting assembly spigot, whichever occurs me by the Administrator, 14 CFR 11.89 § 39.13 of Part 39 of the Federal Aviation later, and thereafter at intervals not to ex­ (31 F.R. 13697), § 39.13 of Part 39 of the Regulations is amended by adding the ceed 650 landings from the last inspection Federal Aviation Regulations is following new airworthiness directive: until the assembly is replaced in accordance with paragraph (b) (4) (ii). amended by adding the following new H a w ke r Siddeley. Applies to Hawker Siddeley (ii). On the center (No. 2) and outboard Airworthiness Directive: Model DH—114 “Heron” Airplanes. (No. 3) flap sections, within the next 2,000 Applies to American Aviation Models A A— 1 Compliance is required as indicated. landings after the effective date of this AD and AA-1A airplanes certificated in all To prevent hazardous internal corrosion of or before the accumulation of 20,000 land­ categories. the tubular structure of engine mounting ings on the pickup fitting assembly, which­ To detect worn and broken rudder control frames, P/N’s 14EM11A and 12A, accomplish ever occurs later, and thereafter at intervals cables and worn rudder pulleys, accomplish the following : not to exceed 2,000 landings from the last the following prior to the next flight after (a) For airplanes with engine mounting inspection, until the assembly is replaced the effective date of this A.D. unless already frames with serial numbers DHB/1 and sub­ in accordance with paragraph (b ) (4) ( i i ) . accomplished within the last 100 hours and sequent, or with serial numbers prefixed by (2) If a failed spigot is found during an thereafter at intervals not to exceed 100 “DH/ * * that do not incorporate Modi­ inspection required by paragraph ( b ) ( 1), hours in service from the last inspection. fication No. 1529, within 4 years after the before further flight comply with paragraph a. Thoroughly clean and inspect all rudder effective date of this AD, unless already ac­ (b )(4 ). control pulleys and cables where the cables complished within the last 4 years, and (3) Within the next 1,000 landings after pass under the pulley grouping forward of thereafter at intervals not to exceed 4 years the effective date of this AD or before the the wing center spar. Worn rudder control from the last inspection, conduct an X-ray accumulation of 30,000 landings on the pick­ cables or cables with more than four (4) inspection of the tubular structure of the up assembly, whichever occurs later, comply internal or external broken wires or rudder engine mounting frame, P/N’s 14EM1JA and with paragraph (b) (4). pulleys indicating wear must be replaced 12A, for internal corrosion in accordance (4) Comply with either subparagraph (i) with an unused part of the same part number with Hawker Siddeley Aviation Ltd. Techni­ or (ii). or an equivalent part prior to next flight. cal News Sheet Series: Heron (114) No. E.3, (i) Replace an affected spigot with a serv­ b. Upon submission of substantiating data Issue 1, dated August 24, 1964, or Issue 3, iceable spigot of the same part number and by an owner or operator through an FAA dated September 14, 1970, or later ARB- continue to inspect in accordance with par­ Maintenance Inspector, the Chief, Engi­ approved issue or FAA-approved equivalent. agraph ( b ) ( 1); or neering and Manufacturing Branch, FAA, (b) For airplanes with engine mounting (ii) Replace the assembly containing the Eastern Region; may adjust the repetitive in­ affected spigot with a new assembly (BAC frames with serial numbers DHB/1 and sub­ spection interval specified in this A.D. Equiv­ sequent, or with serial numbers prefixed by Modification PM 4621, Part ( b ) ) in accord­ alent parts and inspections must be approved ance with British Aircraft Cqrp. Model BAC “DH/ * * that incorporate Modification by the Chief, Engineering and Manufactur­ No. 1529, within 4 years after the date of 1-11 Service Bulletin No. 57-PM 4621, Issue ing Branch, FAA, Eastern Region. 1, dated May 18, 1970 or an FAA-approved incorporation of the modification, or within equivalent. This amendment is effective March 14, 1 year after the effective date of this AD, whichever occurs later, and thereafter at 1972, or was effective for all recipients of This amendment becomes effective intervals not to exceed 4 years from the last April 6, 1972. the airmail dispatches of February 2 and inspection, conduct an X-ray inspection of February 9, 1972, which contained this the tubular structure of the engine mount­ (Secs. 313(a), 601, 603, Federal Aviation Act amendment. * ing frames, P/N’s 14EM11A and 12A, for in­ of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. ternal corrosion in accordance with Hawker (Secs. 313(a), 601, 603, Federal Aviation Act 6(c), Department of Transportation Act, 49 Siddeley Aviation Ltd. Technical News Sheet of 1958, 49 U.S.C. 1354(a), 1421 and 1423; sec. U.S.C. 1655(c)) Series: Heron (114) No. E.3, Issue 3, dated 6 (c), Department of Transportation Act, 49 September 14, 1970, or later ARB-approved Issued in Washington, D.C., on March U.S.C. 1655(c)) 1, 1972. issue or FAA-approved equivalent. Issued in Jamaica, N.Y., on Febru­ (c) For airplanes with engine mounting J a m es P. R u d o l p h , ary 25, 1972. frames with serial numbers prefixed by “S4/ Director, DHB * * * ” or “BGB/DHB * * * ” (m anu­ Flight Standards Service. R obert H. S t a n t o n , Acting Chief, Eastern Region. factured to the standards of Modification No. [FR Doc.72-3380 Filed 3-6-72;8:46 am ] 1529), within 10 years from the date of m an­ [FR Doc.72-3378 Filed 3-6-72;8:46 am] ufacture, and thereafter at intervals not to exceed 4 years from the last inspection, con­ [Docket No. 72-EA-14, Arndt. 39-1400] duct an X-ray inspection of the tubular [Docket No. 6745, Arndt. 39-1404] structure of the engine mounting frames, PART 39— AIRWORTHINESS P/N’s 14EM11A and 12A, for internal cor­ DIRECTIVES pa rt 39— AIRWORTHINESS rosion in accordance with Hawker Siddeley DIRECTIVES Aviation Ltd. Technical News Sheet Series: American Aviation Aircraft Heron (114) No. E.3, Issue 3, dated Septem­ Hawker Siddeley Model DH—114 ber 14, 1970, or later ARB-approved issue or The Federal Aviation Administration “ Heron” Airplanes FAA-approved equivalent. is amending § 39.13 of Part 39 of the Federal Aviation Regulations so as to is­ A proposal to amend Part 39 of the N o t e : See Hawker Siddeley Technical News Sheet Series: Heron (114), No. E.3, Issue 3, sue an airworthiness directive applicable Federal Aviation Regulations to super­ dated September 14, 1970, for dates of en­ to American Aviation AA-1 and AA-1A sede Amendment 39-128 (30 F.R. 11030), gine mount manufacture. type airplanes. AD 65-20-3, with an airworthiness direc­ There had been several reports of tive continuing the requirements of (d) If internal corrosion is found during an inspection required by paragraph (a), broken rudder cables and worn pulleys Amendment 39-128 for repetitive X -ray (b), or (c), before further flight replace or revealed during ground inspections. Be­ inspection of the tubular structure of repair the engine mounting frame in accord­ cause the deficiency could occur in other specified engine mounting .frames, P/N’s ance with Hawker Siddeley factory approved aircraft of similar type design and air 14 EM11A and 12A, for internal corro- instructions or an equivalent approved by

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 No. 45— Pt. I------2 4902 RULES AND REGULATIONS the Chief, Aircraft Certification Staff, FAA, ance with Hawker Siddeley “Heron” Modi­ amended so as to amend AD 71-24-3 as Europe, Africa and Middle East Region, and fication 1592. follows: 1. Renumber the present para­ continue to inspect in accordance with par­ (c) For airplanes with main undercarriage graph 5 as paragraph 6 and insert a agraph (a), (b), or (c) whichever is appli­ down lock operating lever assembly, P/N new paragraph 5 stating: cable. 14-2U.181A/1 (post Modification 608), within the next 150 hours’ time in service after the 5. For JT9D-3A engines with diffuser cases This supersedes Amendment 39-128 effective date of this AD, or within 300 hours’ incorporating reinforcement straps in ac­ (30 F.R. 11030), AD 65-20-3. time in service from the last inspection, cordance with Pratt & Whitney Aircraft This amendment becomes effective whichever occurs later, and thereafter at Special Instruction No. 29F-71, or equivalent April 6,1972. intervals not to exceed 300 hours’ time in alteration approved by the Chief, Engineer­ service from the last inspection, remove the ing and Manufacturing Branch, FAA, Eastern (Secs. 318(a), 601, 603, Federal Aviation Act lever assembly from the airplane, remove the Region, inspect all borescope positions in of 1958, 49 TJ.S.C. 1354(a), 1421, 1423, sec. protective coating and paint from the assem­ accordance with paragraph 4 within 250 6 (c), Department of Transportation Act, 49 bly and inspect for cracks, using a dye pene­ cycles after installation of the reinforcement tJS.C. 1655(c)) trant method, in accordance with Hawker straps and every 250 cycles thereafter. Issued in Washington, D.C., on March Siddeley Technical News Sheet Series : Heron (114) No. U.12, Issue 1, dated April 13, 1970, This amendment is effective March 14, 1, 1972. or later ARB-approved issue or FAA-approved 1972. J a m es F . R u d o l p h , equivalent. Director, (Secs. 313(a), 601, 603, Federal Aviation Act (d) If cracks are found during an inspec­ of 1958, 49 U.S.C. 1354(a), 1421, 1423, sec. Flight Standards Service. tion required by paragraph (c), before fur­ 6 (c), Department of Transportation Act, 49 [FR Doc.72-3381 Filed 3-6-72;8:46 am] ther flight replace the lever assembly with U.S.C. 1655(c)) a new lever assembly, P/N 14-2U.181A/2 in accordance with Hawker Siddeley “Heron” Issued in Jamaica, N.Y., on Febru­ [Docket No. 11283, Arndt. 39-1405] Modification 1592, ary 25, 1972. (e) The repetitive inspections required by R obert H. S t a n t o n , PART 39— AIRWORTHINESS paragraph (c) may be discontinued after Acting Director, Eastern Region. lever assembly, P/N 14—2U.181A/2, has been DIRECTIVES installed in accordance with Hawker Siddeley [F R Doc.72-3383 Filed 3-6-72;8:46 am] Hawker Siddeley Model DH—114, “Heron” Modification 1592. (f) Replacement parts and serviceable Series 2, “Heron” Airplanes parts that are reinstalled must be protected [Airspace Docket No. 71-SO-79] A proposal to amend Part 39 of the with a coat of lanolin, or FAA-approved equivalent prior to their installation in the PART 71— DESIGNATION OF FEDERAL Federal Aviation Regulations to include airplane. AIRWAYS, AREA LOW ROUTES, an airworthiness directive requiring dye CONTROLLED AIRSPACE, AND RE­ penetrant inspection for cracks of the This amendment becomes effective main undercarriage down lock operating April 6, 1972. PORTING POINTS lever assembly, and the replacement of (Secs. 313(a), 601, 603, Federal Aviation Act Alteration of Control Zones and assemblies found to be cracked on of 1958, 49 U.S.C. 1354(a), 1421, 1423, sec. Transition Area Hawker Siddeley Model DH-114, Series 2, 6 (c), Department of Transportation Act, 49 “Heron” airplanes was published in 36 U.S.C. 1655(c)) On December 15, 1971, a notice of F.R. 14392 on August 5, 1971. Issued in Washington, D.C., on March proposed rule making was published in Interested persons have been afforded 1, 1972. the F ederal R eg ister (36 F.R. 23830) stating that the Federal Aviation Admin­ an opportunity to participate in the mak­ Ja m e s F. R u d o l p h , ing of the amendment. No objections Director, istration (FAA) was considering amend­ were received. Flight Standards Service. ments to Part 71 of the Federal Aviation In consideration of the foregoing, and Regulations that would alter the control [FR Doc. 72-3382 Filed 3-6-72;8:46 am] pursuant to the authority delegated to me zones and transition area of the Mel­ by the Administrator (14 CFR 11.89), bourne, Fla., Cape Kennedy Regional § 39.13 of Part 39 of the Federal Aviation [Docket No. 72-EA-18, Arndt. 39-1401 ] Airport and Patrick Air Force Base, Regulations is amended by adding the Cocoa, Fla. following new airworthiness directive: PART 39— AIRWORTHINESS Interested persons were afforded an DIRECTIVES opportunity to participate in the pro­ H aw ke r Siddeley. Applies to Hawker Sid­ deley Model DH—114, Series 2, “Heron” Pratt & Whitney Aircraft Engines posed rule making through the submis­ airplanes which do not incorporate Heron sion of comments. All comments received Modification 1592, Part A. The Federal Aviation Administration were favorable. Compliance is required as indicated. is amending § 39.13 of Part 39 of the In consideration of the foregoing, Part To prevent failure of the main undercar­ Federal Aviation Regulations so as to 71 of the Federal Aviation Regulations riage down lock operating lever assembly, amend AD 71-24-3 applicable to Pratt & is amended, effective 0901 G.m.t., accomplish the following: Whitney JT9D-3A type aircraft engines. April 27, 1972, as hereinafter set forth. (a) For airplanes with main undercarriage As a result of developmental work by 1. In § 71.171 (37 F.R. 2056) the Mel­ down lock operating lever assembly, P/N the manufacturer it has been determined bourne, Fla., and Patrick Air Force Base, 14-2U.181A (pre Modification-608), within that with the installation of reinforce­ the next 150 hours’ time in service after the Cocoa, Fla., airport control zones are effective date of this AD unless accomplished ment straps the disadvantage of wet amended to read as follows: operating engines as distinct from dry within the last 150 hours’ time in service, re­ M elbourne, F l a . move the lever assembly from the airplane, operations has been overcome. Thus this remove the protective coating and paint from amendment will permit a relaxation of Within a 5-mile radius of the Cape Ken­ the assembly and inspect for cracks, using the inspections. nedy Regional Airport (lat. 28°06'01'' N., long. 80°38'00" W .); within 3 miles each side a dye penetrant method, in accordance with Since the foregoing establishes that Hawker Siddeley Technical News Sheet Se­ of the Melbourne VOR 100° and 262° radials, ries: Heron (114) No. U.12, Issue 1, dated the amendment is relaxatory in sub­ extending from the 5-mile radius zone to 8.5 April 13, 1970, or later ARB-approved issue stance and imposes no additional burden miles east and west of the VOR; within 3 or FAA-approved equivalent. If no cracks on any person, notice and public proce­ miles each side of the 267° bearing from the are found visually inspect the lever assembly dure hereon are unnecessary and the Satellite RBN, extending from the 5-mile for corrosion. amendment may be made effective in less radius zone to 8.5 miles west of the RBN; (b ) If cracks, or corrosion that cannot be than 30 days. excluding the portion within the Cocoa removed by cleaning are found during the In consideration of the foregoing and inspection required by paragraph (a ), before (Patrick A F B ), Fla., control zone. pursuant to the authority delegated to further flight replace the affected part with Cocoa (P a tr ic k A F B ), F la. a serviceable part of the same part number me by the Administrator, 14 CFR 11.89 or replace the lever assembly with a new (31 F.R. 13697), §39.13 of Part 39 of Within a 5-mile radius of Patrick AFB (lat. lever assembly, P/N 14-2U.181A/2, in accord - the Federal Aviation Regulations is 28°14'21" N., long. 80°36'28" W .)

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 RULES AND REGULATIONS 4903

2. In § 71.181 (37 F.R. 2143) Mel­ [Airspace Docket No. 71-WE-30] [Airspace Docket No. 71-NW-18] bourne, Fla., transition area is amended PART 71— DESIGNATION OF FEDERAL PART 71— DESIGNATION OF FEDERAL to read as follows: AIRWAYS, AREA LOW ROUTES, AIRWAYS, AREA LOW ROUTES, M elbourne, F l a . CONTROLLED AIRSPACE, AND RE- CONTROLLED AIRSPACE, AND RE­ That airspace extending upward from 700 PORTING POINTS PORTING POINTS feet above the surface within an 8.5-mile radius of the Cape Kennedy Regional Airport Designation of Federal Airway Alteration of Federal Airway Segment (lat. 28°06'01" N., long. 80°38'00" W .); Segments within an 8.5-mile radius of Patrick AFB On December 10,1971, a notice of pro­ (lat. 28014'21" N., long. 80°36'28" W 'j ; On November 19,1971, a notice of pro­ posed rule making was published in the within 3 miles each side of Patrick AFB posed rule making was published in the F ederal R eg ister (36 F.R. 23579) stat­ TACAN 030° radial, extending from the 8.5- F ederal R e g ister (36 F.R. 22072) stat­ ing that the Federal Aviation Adminis­ mile radius area to 9.5 miles northeast of the tration (FAA) was considering an TACAN. ing that the Federal Aviation Adminis­ tration (FAA) was considering an amendment' to Part 71 of the Federal (Secs. 307(a), 1110, Federal Aviation Act of amendment to Part 71 of the Federal Aviation Regulations that would include 1958, 49 U.S.C. 1348(a), 1510, Executive Order Aviation Regulations that would desig­ the airspace between the east and west 10854, 24 F.R. 9565; sec. 6 (c), Department of alternate in the presently designated Transportation Act, 49 U.S.C. 1655 (c ) ) nate west alternate segments to VOR Federal airway No. 27. V-112 airway segment from Pendleton, Issued in Washington, D.C., on Febru­ Interested persons were afforded an Oreg., to Spokane, Wash. ary 29, 1972. opportunity to participate in the pro­ Interested persons were afforded an H . B . H e ls t r o m , posed rule making through the submis­ opportunity to participate in the pro­ Chief, Airspace and Air sion of comments. Comments were posed rule making through the submis­ Traffic Rules Division. received from the Air Transport Associa­ sion of comments. All comments received were favorable. [FR Doc.72-3384 Filed 3-6-72;8:47 am] tion of America (ATA) and the State of California Department of Aeronautics. In consideration of the foregoing, Part The ATA offered no objection to the 71 of the Federal Aviation Regulations [Airspace Docket No. 72—WA—7] proposed actions, while the California is amended, effective 0901 G.m.t., April 27, 1972, as hereinafter set forth. PART 71— DESIGNATION OF FEDERAL Department of Aeronautics objected to the establishment of the airway floor In §.71.123 (37 F.R. 2009) V-112 is AIRWAYS, AREA LOW ROUTES, at 1,200 feet AG L for the proposed west amended by deleting “Spokane, exclud­ CONTROLLED AIRSPACE, AND RE­ alternate segment between Ukiah, Calif., ing the airspace between the main and PORTING POINTS and Fortuna, Calif. They contend that west and east alternates;” and substi­ tuting therefor “to Spokane;”. Alteration of Reporting Points the establishment of the airway floor at this altitude would be restrictive to (Sec. 307(a), Federal Aviation Act of 1958, The purpose of this amendment to VFR flights utilizing the VFR overwater 49 U.S.C. 1348(a); sec. 6 (c), Department of Part 71 of the Federal Aviation Regula­ coastal flyway between Ukiah, Calif., and Transportation Act, 49 U.S.C. 1655(c)) tions is to redescribe the Charlo, MT., Fortuna, Calif. Issued in Washington, D.C., on Feb­ intersection, low altitude and DME re­ The FAA concurs with the comment ruary 29, 1972. porting points. made by the California Department of H . B. H e l s t r o m , The Charlo reporting points are pres­ Chief, Airspace and Air ently described through use of the Mis­ Aeronautics and has taken action here­ Traffic Rules Division. soula, MT., VORTAC 354° radial. Action in to designate the floor of V-27 west [FR Doc.72-3387 Filed 3-6-72;8:47 am] is being taken herein to redescribe these alternate at 5,300 feet M SL between reporting points by use of the Missoula Ukiah, Calif., and Fortuna, Calif. This VORTAC 357° radial. will provide for the movement of VFR [Airspace Docket No. 71-SW-68] Since this amendment is minor in na­ flights within the coastal flyway. PART 73— SPECIAL USE AIRSPACE ture and no substantive change in the regulation is effected, notice and public In consideration of the foregoing, Alteration of Restricted Airspace procedure thereon are unnecessary. How­ Part 71 of the Federal Aviation Regula­ ever, since it is necessary that sufficient tions is amended, effective 0901 G.m.t., On December 15, 1971, a notice of pro­ posed rule making (N PR M ) was pub­ time be allowed to permit appropriate April 27, 1972, as hereinafter set forth. lished in the F ederal R eg ister (36 F.R. changes to be made on aeronautical In § 71.123 (37 F.R. 2009) V-27 is charts, this amendment will become 23831) stating that the Federal Aviation amended by deleting all between “Ukiah, Administration was considering an effective more than 30 days after publication. Calif., 147° radials;” and “31 miles, 32 amendment to Part 73 of the Federal Aviation Regulations that would increase In consideration of the foregoing, Part miles, 59 MSL,” and substituting “Ukiah; Fortuna, Calif., including a west the time of designation of Restricted 71 of the Federal Aviation Regulations is Area R-2403A and R-2403B, Little Rock, amended, effective 0901 G.m.t., April 27, alternate from Ukiah 17 miles, 77 miles, Ark. 1972, as hereinafter set forth. 53 MSL, Fortuna, excluding the airspace Interested persons were afforded an 1. Section 71.203 (37 F.R. 2311) isbetween the main and the west alternate; opportunity to participate in the pro­ amended as follows; Crescent City, Calif., including a west posed rule making through the submis­ a. In Charlo INT: “354° radials.” is alternate from Fortuna to Crescent City, sion of comments. All comments received deleted and “357° radials.” is substituted were favorable. excluding the airspace between the main therefor. Subsequent to the publication of the and the west alternate;” therefor. b. In Charlo DME INT: “354° radial,” NPR M it was noted that the stated time is deleted and “357° radial,” is substi­ (Secs. 307(a), 1110, Federal Aviation Act of of designation overlapped. Action is tuted therefor. 1958, 49 U.S.C. 1348(a), 1510, Executive Or­ taken herein to reflect the change. Since (Sec. 307 (a ), Federal Aviation Act of 1958, 49 der 10854, 24 F.R. 9565; sec. 6 (c), Depart­ this amendment is editorial in nature U.S.C. 1348(a); sec. 6 (c), Department of ment of Transportation Act, 49 U.S.C. and no substantive change in the regu­ Transportation Act, 49 U.S.C. 1655 (c )) 1655(c)) lation if effected, notice and public pro­ cedure thereon are unnecessary. How­ Issued in Washington, D.C., on Febru­ Issued in Washington, D.C., on Febru­ ever, since it is necessary that sufficient ary 29, 1972. ary 29, 1972. time be allowed to permit appropriate H . B . H e ls t r o m , H . B . H e ls t r o m , changes to be made on aeronautical Chief, Airspace and Air Chief, Airspace and Air charts, this amendment will become ef­ Traffic Rules Division. Traffic Rules Division. fective more than 30 days after [FR Doc.72-3385 Filed 3-6-72;8:47 am ] [FR Doc.72-3386 Filed 3-6-72;8:47 am ] publication.

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 4904 RULES AND REGULATIONS

In consideration of the foregoing, Part (Sec. 307(a), Federal Aviation Act of 1958, Force and training periods for air car­ 73 of the Federal Aviation Regulations 49 U.S.C. 1348(a); sec. 6 (c), Department of rier, airport, and law enforcement per­ is amended, effective 0901 G.m.t., Transportation Act, 49 U.S.C. 1655(c)) sonnel, have taken place during the last April 27, 1972, as hereinafter set forth. Issued in Washington, D.C., on Feb­ 10 years. It is considered that further Section 73.24 (37 F.R. 2338) is amended ruary 29, 1972. consultations leading to proposed rule as follows: making would not serve a useful purpose, H . B . H e ls t r o m , 1. R-2403A, Little Rock, Ark., Time of and that the need stated in the Notice Chief, Airspace and Air Designation: “0700 Saturday to 1700 requires the issuance of this rule at this Traffic Rules Division. Sunday, c.s.t.” is deleted, and “Daily time. 0700 to 2100 1 May through 31 August, to [FR Doc.72-3388 Filed 3-6-72;8:47 'am ] Some' concern was expressed with the be activated by NOTAM 48 hours in use of the term “prevent” (in the phrase “prevent or deter” in the proposal) on advance stating _ periods of activation. [Docket No. 11432, Arndt. 121-85] Other times, 0700 Saturday to 1700 the grounds that the term “deter” alone Sunday, 1 September through 30 April” PART 121— CERTIFICATION AND OP­ would be more realistic and possible to is substituted therefor. ERATIONS: DOMESTIC, FLAG, AND implement. However, the phrase as pro­ 2. R-2403B, Little Rock, Ark., Time of SUPPLEMENTAL AIR CARRIERS AND posed appropriately requires prevention Designation: “0700 Saturday to 1700 when it may reasonably be achieved and Sunday, c.s.t. activated by NOTAM 24 COMMERCIAL OPERATORS OF deterrence where prevention cannot so hours in advance” is deleted, and “Daily LARGE AIRCRAFT be achieved. 0700 to 2100 1 May through 31 August, Aviation Security; Certain Air Carriers Some commentators would drop or to be activated by NOTAM 48 hours in limit the proposed provisions concerned advance stating period of activation. and Commercial Operators— Secu­ with the Administrator’s amendment of Other times, 0700 Saturday to 1700 rity Programs and Other Require­ approved security programs, especially Sunday, 1 September through 30 April, ments without prior notice in emergencies. However, these provisions are considered to be activated by NOTAM 24 hours in The purpose of these amendments to necessary for the proper administration advance.” is substituted therefor. § 121.538 of the Federal Aviation Regu­ of the security regulations. It should be (Sec. 307(a), Federal Aviation Act of 1958, lations is to require each of certain air noted that similar provisions exist with 49 U.S.C. 1348(a); sec. 6 (c), Department of carriers and commercial operators oper­ respect to operations specifications for Transportation Act, 49 U.S.C. 1655(c) ating large aircraft (other than heli­ air carriers (§ 121.79). copters) to: (1) Prepare in writing and Issued in Washington, D.C., on Feb­ A number of comments were generally submit for approval of the Administrator ruary 29,1972. favorable to the proposal. With this ap­ its security program showing the pro­ proval came several suggestions for H . B. H e ls t r o m , cedures, facilities, or a combination changes that, after further considera­ Chief, Airspace and Air thereof, that it uses or intends to use to Traffic Rules Division. tion, have been reflected in whole or in support that program; (2) when it re­ part in the rule now issued, as follows: [FR Doc.72-3389 Filed 3-6-72;8:47 am] ceives a bomb or air piracy threat, notify (1) The more explicit term “explosive the pilot in command of the aircraft if or incendiary” is used instead of the it is being operated, and conduct a pre­ [Airspace Docket No. 71-WA-29] term “sabotage,” , for the purpose of flight security inspection if the aircraft clarification. Likewise, the phrase “unless is then on the ground or a post flight PART 75— ESTABLISHMENT OF JET handled” is used instead of the phrase security inspection if the aircraft is “until cleared,” with respect to cargo and ROUTES, AND AREA HIGH ROUTES then in flight; and (3) immediately checked baggage, in order to avoid the Designation of Area High Routes notify the Administrator upon receipt of implication that the certificate holder information that an act or suspected act has responsibility beyond observing its On December 7, 1971, a notice of pro­ of aircraft piracy has been committed. posed rule making was published in the security procedures in this regard. Also, These requirements together with that the phrase “responsible agent or repre­ F ederal R eg ister (36 F.R. 23238) stat­ of Amendment 121-83 issued January 31, ing that the Federal Aviation Adminis­ sentative” is used instead of the phrase 1972 (37 F.R. 2500), requiring the cer­ “responsible representative,” in connec­ tration was considering an amendment tificate holder to adopt and put into use, to Part 75 of the Federal Aviation Reg­ tion with baggage, check-in, in view of within 72 hours after that amendment possible contractual relationships entered ulations that would designate an area became effective, a screening system high route from Phoenix, Ariz., to into by the certificate holder. acceptable to the Administrator, to pre­ (2) In conformity with comment, the Bridgeport, Tex. vent or deter the carriage aboard its air­ Interested persons were afforded an rule requires the certificate holder to craft of sabotage devices or weapons in submit its security program to the Ad­ opportunity to participate in the pro­ carryon baggage or on or about the per­ posed rule making through the submis­ ministrator instead of to the Regional sons of passengers, complete the imple­ Director. This will assure initial uni­ sion of comments. All comments received mentation of Notice 71-29. were favorable. formity and permit the approval of secu­ Interested persons have been afforded rity programs, as a matter of adminis­ In consideration of the foregoing, an opportunity to participate in the Part 75 of the Federal Aviation Regula­ trative procedure, to be treated as making of these regulations by a notice experience dictates. tions is amended, effective 0901 G.m.t., of proposed rule making (Notice 71-29) April 27, 1972, as hereinafter set forth. (3) It was suggested by comment that issued on September 28, 1971, and pub­ when a bomb threat is received the cer­ In § 75.400 (37 F.R. 2400) the follow­ lished in the F ederal R eg ister on Sep­ tificate holder should notify the pilot ing area high route is added: tember 30, 1971 (36 F.R. 19173). Due in command-of the aircraft involved, in consideration has been given to all com­ addition to conducting a security inspec­ Waypoint name North Lat./West Reference ments presented in response to that Long. facility tion. This suggestion has been followed Notice. in the final rule, as well as the addition Several public comments received in J990R P hoenix, Abiz., to Bridgeport, T ex. of threat of “air piracy” to this provision. opposition to the Notice concerned the The notice proposed that the certifi­ Phoenix, Ariz.... 33°S5'53"/m°53'17" Phoenix, Ariz. general approach to the problem, or the Mule, Ariz___ ... 83<,21,55"/i09olF49'r St. Johns, Ariz; cate holder must submit its security pro­ Truth or Conse- 33°16'57,71O7°10'48" Socorro, economic burden in relation to the bene­ gram to the FAA within 90 days after quences, N. N. Mex. fits desired. Some comments request the effective date of this part. This pe­ Mex. Roswell, N. Mex.. 33°20'15,7104°37,15" Roswell, N/ further FAA consultation with certifi­ riod (as well as the period for FAA’s Mex. cates holders and airport operators. As approval or modification notice) has Plains, Tex...... 33°20'52'7102°50,29" Texico, N. •to this fact, innumerable FAA and in­ Mex. been reduced* to 60 days in the rule as Rochester, Tex.. 33°18'28"/99°50,01" Abilene, Tex; dustry consultations, meetings, and re­ Bridgeport, Tex.. 33°14,16,797°45,58" Ardmore, views of the air piracy problem and pos­ issued. This time reduction is considered Okla. sible corrective actions, including a Task necessary, in the interest of safety, in

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 RULES AND REGULATIONS 4905

order to have security programs submit­ tion stays the notice pending a decision flight, immediately after its next ted and approved at the earliest possible by the Administrator. landing. time. (f ) Each certificate holder shall main­ (2) If the aircraft is being operated tain at least one complete copy of its In view of the increased hijackings in­ on the ground, advise the pilot in com­ cluding extortion of large sums of money approved security program at its prin­ that have occurred recently and since the cipal business office, and shall make it mand to immediately submit the aircraft issuance of Notice 71-29, to the extent available for inspection upon request of for a security inspection. that these amendments contain require­ the Administrator. - (3) If the aircraft is in flight, advise ments more burdensome than those pro­ (g) The Administrator may amend any the pilot in command to take the emer­ posed in Notice 71-29, I find that notice screening system or any security program gency action he considers necessary un­ and public procedure thereon are im­ approved under this section upon his own der the circumstances, in accordance practicable and contrary to the public initiative if he determines that safety .interest. in air transportation and the public inter­ with § 121.557 or § 121.559, whichever is In consideration of the foregoing, est require the amendment, or upon ap­ applicable. § 121.538 of the Federal Aviation Regu­ plication by the certificate holder if the (j) Upon receipt of information that lations is amended, effective April 6,1972, Administrator determines that the same an act or suspected act of aircraft to readas follows : considerations allow the amendment. ( 1 ) In the case of an amendment upon piracy has been committed, a certificate § 121.538 Aircraft security. his own irritative, the Administrator noti­ holder shall immediately notify the (a) For purposes of this section, “cer­ fies the certificate holder, in writing, of Administrator. tificate holder” means an air carrier as the proposed amendment, fixing a rea­ (Secs. 313(a), 601, 604, Federal Aviation Act defined in § 121.1(a) (1) or (2) and a sonable period (but not less than 7 days) of 1958; 49 U.S.C. 1354(a), 1421,- 1424; commercial operator engaging in intra­ within which it may submit written in­ sec. 6 (c), Department of Transportation state common carriage covered by § 121.7. formation, views, and arguments on the Act, 49 U.S.C. 1655(c)) (b) Each certificate holder shall, be­ amendment. After considering all rele­ fore February 6,1972, adopt and put into vant material, the Administrator notifies Issued in Washington, D.C., on Febru­ use a screening system, acceptable to the the certificate holder of any amendment ary 29,1972. Administrator, that is designed to pre­ adopted, or rescinds the notice. The J. H. S h a f f e r , vent or deter the carriage aboard its air­ amendment becomes effective not less Administrator. craft of any explosive or incendiary de­ than 30 days after the certificate holder vice or weapon in carryon baggage or on receives the notice, unless it petitions the [FR Doc.72-3377 Filed 3-6-72;8:46 am] or about the persons of passengers, ex­ Administrator to reconsider the amend­ cept as provided in § 121.585. ment in which case its effective date is (c) Each certificate holder shall pre­ stayed by the Administrator. If the Ad­ pare in writing and submit for approval ministrator finds that there is an emer­ Title 19— CUSTOMS DUTIES by the Administrator its security pro­ gency requiring immediate action with gram including the screening system respect to safety in air transportation Chapter I— Bureau of Customs, prescribed by paragraph (b) of this sec­ that makes the procedure in this para­ Department of the Treasury tion, and showing the procedures, facili­ graph impracticable or contrary to the [T.D. 72-68] ties, or a combination thereof, that it public interest, he may issue an amend­ uses or intends to use to support that ment, effective without stay, on the date PART 19— CUSTOMS WAREHOUSES program and that are designed to— the certificate holder receives notice of AND CONTROL OF MERCHANDISE (1) Prevent or deter unauthorized ac­ it. In such a case, the Administrator in­ THEREIN cess to its aircraft; corporates the findings, and a brief state­ (2) Assure that baggage is checked in ment of the reasons for it, in the notice Security of Cargo in Unlading Areas by a responsible agent or representative of the amended screening system or and Clearance of Containerized Cargo of the certificate holder; and security program to be adopted. Correction (3) Prevent cargo and checked bag­ (2) An applicant must file its applica­ gage from being loaded aboard its air­ tion for an amendment of a screening In F.R. Doc. 72-3016 appearing at page craft unless handled in accordance with system or security program with the Ad­ 4186 in the issue for Tuesday, Febru­ the certificate holder’s security proce­ ministrator at least 15 days before the ary 29, 1972, the second line of amend­ dures. date it proposes for the amendment to (d) Each certificate holder -shall sub­ become effective, unless a shorter period atory paragraph 2., following the mit its security program to the Admin­ is allowed by the Administrator. Within signatures, should be deleted. istrator. Each certificate holder that is 30 days kfter receiving from the Admin­ operating before April 6,1972, shall sub­ istrator a notice of refusal to approve the mit its program no later than June 5, application for amendment, the appli­ 1972. Each certificate holder that obtains cant may petition the Administrator to Title 21— FOOD AND DRUGS the issue of its certificate under this part reconsider the refusal to amend. after April 5, 1972, shall submit its pro­ (h ) Each certificate holder shall at Chapter I— Food and Drug Adminis­ pani at least 60 days before the date of all times maintain and carry out the tration, Department of Health, Ed­ intended operations. screening system prescribed by para­ ucation, and Welfare graph (b) of this section and the security (e) Within 60 days after receipt of SUBCHAPTER B— FOOD AND FOOD PRODUCTS the program, the Administrator approves program approved under paragraph (c) the program or notifies the certificate of this section. » PART 27— CANNED FRUITS AND holder to modify the program to comply (i) When a certificate holder receives FRUIT JUICES with the applicable requirements of this a bomb or air piracy threat considered to section. The certificate holder may peti­ be against a particular aircraft or flight, Canned Peaches, Canned Pears, and tion the Administrator to reconsider the the certificate holder shall take the fol­ Canned Fruit Cocktail; Order notice to modify. The petition must be lowing actions to determine whether any Amending Standards of Identity filed with the Administrator within 30 explosive or incendiary devices, or weap­ days after the certificate holder receives ons are aboard the aircraft involved: Correction the notice. Except in the case of an emer­ (1) Conduct a security inspection on In F.R. Doc. 72-1129 appearing at page gency requiring immediate action in the the ground before the next flight of the 1167 in the issue of Wednesday, Janu­ interest of safety, the filing of the peti- aircraft or, if the aircraft is then in ary 26,1972, in § 27.20(d) (2) the seventh

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 4906 RULES AND REGULATIONS

line of item (a )(4 ), now reading “mg § 1 4 1 a .Ill Ampicillin trihydrate. Diluent Final concen- Added.' The word ‘Flavoring’ may be”, (solution tration in (a) * * * Antibiotic number as milligrams should read ‘‘spice used. The artificial listed in per milliliter (3) Hydroxylamine colorimetric assay. coloring may be”. § 141.102(a)) of standard Proceed as directed in § 141.507 of this solution chapter. * * * * * SUBCHAPTER C— DRUGS Ampicillin______Distilled 1.26 water. c. In § 141a.ll8 by revising paragraph PART 141— TESTS AND METHODS OF Cephaloridine______do______1.0 Oephalothin___ ;______do______2.0 (a) (3), as follows: . ASSAY OF ANTIBIOTIC AND ANTI­ Cloxacillin______1______1.25 BIOTIC-CONTAINING DRUGS Dicloxacillin...______Distilled 1.26 § 14 1 a.ll8 Sodium . cloxacillin monohy­ water. drate. Methicillin. ______1______1.25 PART 141a-—PENICILLIN AND PENI­ Nafcillin..______1______1.25 (a) * * * Oxacillin______1______1.25 (3) Hydroxylamine colorimetric assay. CILLIN-CONTAINING DRUGS; TESTS Penicillin G .______1_____ ... ___ 1.25 AND METHODS OF ASSAY Phenethicillin______1...______... 1.25 Proceed as directed in § 141.507 of this Phenoxymethylpenicillin.. 17______1.25 chapter. Procalne penicillin G_____ 17______... 2.0 PART I48w— CEPHALOSPORIN * * * * * PART 149b— AMPICILLIN d. In § 141a.l23 by revising paragraph (c) Preparation of sample solutions. (a) (3), as follows: Hydroxylamine Colorimetric Assay From the following table, select the diluent and final concentration as listed § 141a.l23 Sodium ampicillin. No adverse comments were received in for each antibiotic. Dissolve an accurately (a) * * * response to the notice published in the weighed portion of the sample, dilute to (3) Hydroxylamine colorimetric assay. F ederal R eg ister of December 7, 1971 the appropriate final concentration, and Proceed as directed in § 141.507 of this (36 F.R. 23236), proposing that Parts 141, chapter. proceed as directed in paragraph (d) 141a, and 148w be revised to bring the * ♦ ♦ * * of this section; if the product is pack­ hydroxylamine colorimetric assay up to 3. Part 148w is amended: aged for dispensing, dilute an aliquot of date and to provide for its addition as an a. In § 148w.l by amending paragraph the stock solution (prepared as described alternate patency test for sodium (b ) , as follows: in the individual monograph) to the ap­ oephalothin and cephalaridine. Accord­ § 148w.l Sodium cephalothin. propriate concentration and then proceed ingly, the Commissioner of Food and * * * * * as directed in paragraph (d) of this Drugs concludes that the proposal should (b) * * * section. be adopted. (1) * * * (i) Sample preparation. Dissolve an Therefore, pursuant to provisions of Diluent Final con­ accurately weighed sample in sufficient the Federal Food, Drug, and Cosmetic (solution centration Antibiotic number as in milli­ 1.0 percent potassium phosphate buffer, Act (sec. 507, 59 Stat. 463, as amended; listed in grams per pH 6.0 (solution 1), for the microbiologi­ § 141.102(a)) milliliter of cal agar diffusion assay, distilled water 21 U.S.C. 357) and under authority dele­ sample gated to the Commissioner (21 CFR for the iodometric assay or hydroxyla­ mine colorimetric assay, to give a stock 2.120), Parts 141, 141a, and 148w are re­ Ampicillin...... Distilled 1.25 water. solution of convenient concentration; vised as follows. Part 149b is also re­ Ampicillin trihydrate...... do...... 1.25 also if it is packaged for dispensing, re­ vised in § 149b.2 to provide for an edito­ Cephaloridine...... -...... do...... 1.0 Phenoxymethyl penicillin.. 17...... 1.25 constitute as directed in the labeling. rial change in the reference to the Potassium penicillin G____ 1...... 1.25 Then, using a suitable hypodermic Potassium phenethicillin__ 1______1.25 needle and syringe, remove all of the hydroxylamine colorimetric assay. Potassium phenoxymethyl 1...... 1.25 1. Part 141 is amended: penicillin. withdrawable contents if it is repre­ Procaine penicillin G...... 17...... 2.0 sented as a single dose container; or if a. In § 141.102(a) by adding a new Sodium ampicillin...... Distilled 1.25 water. the labeling specifies the amount of po­ subparagraph (17), as follows: Sodium cephalothin...... do...... 2.0 tency in a given volume of the result­ Sodium cloxacillin mono- 1...... 1.25 § 141.102 Solutions. hydrate. ant preparation, remove an accurately Sodium dicloxacillin mono- Distilled 1.25 measured representative portion from (a) * * * hydrate. water. each container. Dilute with either solu­ (17) Solution 17 (5 percent methyl al­ Sodium methicillin mono- 1...... 1.25 hydrate. tion 1 or distilled water as specified cohol in 1 percent potassium phosphate Sodium nafcillin mono- 1...... 1.25 above to give a stock solution of con­ hydrate. \buffer, pH 6.0). Sodium oxacillin mono- 1...... 1.25 venient concentration. Methyl alcohol: 50.0 ml. hydrate. (ii) Assay procedures. Use any of the Sodium penicillin G...... 1...... 1.25 1 percent potassium phosphate buffer, pH following methods; however, the results 6.0, q.s.: 1,000.0 ml. obtained from the microbiological agar diffusion assay shall be conclusive. b. In § 141.507 by revising paragraphs ***** ***** (b) and (c), as follows: 2. Part 141a is amended: a. In § 141a.26 by revising paragraph (c) Hydroxylamine colorimetric as­ § 141.507 Hydroxylamine colorimetric say. Proceed as directed in § 141.507 of assay. (a) (3), as follows: this chapter. * * * * * § 141a.26 Procaine penicillin. * * * * * (b) Preparation of working standard b. In § 148w.2 by amending p a r a g r a p h solutions. From the following table, se­ (a) * * * (3) Hydroxylamine colorimetric assay. (b ), as follows: lect the diluent and final concentration Proceed as directed in § 141.507 of this § 148w.2 Cephaloridine. as listed for each antibiotic working ***** standard. Dissolve and dilute an accu­ chapter. ♦ ♦ * * * (b) * * * rately weighed portion to the specified (1) * * * final concentration and proceed as di­ b. In § 141a.lll by revising paragraph (i) Sample preparation. Dissolve an rected in paragraph (d) of this section. (a) (3), as follows: accurately weighed sample in sufficient

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 RULES AND REGULATIONS 4907

1.0 percent potassium phosphate buffer, §§ 141a.ll5, 141a.116, 141a.l24, 141a.. crystallinity, sodium nafcillin mono­ pH 6.0 (solution 1), for the microbiologi­ 125,141a.l31 [Revoked] hydrate content, and identity. cal agar diffusion assay, distilled water 1. In Part 141a, §§ 141a.ll5, 141a.ll6, (ii) Samples required: 10 packages, for the iodometric assay or hydroxyla- 141a.l24, 141a.l25, and 141a.l31 are each containing approximately 300 mine colorimetric assay, to give a stock revoked. milligrams. solution of convenient concentration; (b) Tests and methods of assay— (1) also if it is packaged for dispensing, re­ §§ 116a.2, 146a.3, 146a.120, 146a.l21, Potency. Use any of the following meth­ constitute as directed in the labeling. 146a.l27 [Revoked] ods; however, the results obtained from Then using a suitable hypodermic needle 2. In Part 146a, §§ 146a.2, 146a.3, the microbiological agar diffusion assay and syringe, remove all of the withdraw­ 146a.120, 146a. 121, and 146a.l27 are shall be conclusive. able contents if it is represented as a revoked. (1) Microbiological agar diffusion single dose container; or if the labeling 3. Part 149d is republished as follows: assay. Proceed as directed in § 141.110 of specifies the amount of potency in a Sec. this chapter, preparing the sample for given volume of the resultant prepara­ 149d.l Nonsterile sodium nafcillin mono- assay as follows: Dissolve an accurately tion, remove an accurately measured hydrate. weighed portion of the sample in suffi­ representative portion from each con­ 149d.2 Sterile sodium* nafcillin monohy- cient 1 percent potassium phosphate tainer. Dilute with either solution 1 or drate. buffer, pH 6.0 (solution 1), to give a stock ¿stilled water as specified above to give 149d.3-149d.10 [Reserved] solution of convenient concentration. a stock solution of convenient 149d.ll Sodium nafcillin monohydrate cap­ Further dilute an aliquot of the stock concentration. sules. solution with solution 1 to the reference 149d.l2 Sodium nafcillin monohydrate for (ii) Assay procedures. Use any of the Injection. concentration of 2 micrograms of naf­ following methods; however, the results 149d.l3 Sodium nafcillin monohydrate for cillin per milliliter (estimated). obtained from the microbiological agar oral solution. (ii) Iodometric assay. Proceed as di­ diffusion assay shall be conclusive. rected in § 141.506 of this chapter. A u t h o r it y : The provisions of this Part 149d * * # * * Issued under sec. 507, 59 Stat. 463, as (iii) Hydroxylamine colorimetric as­ amended; 21 TJJS.C. 357. say. Proceed as directed in § 141.507 of (c) Hydroxylamine colorimetric assay. this chapter. Proceed as directed in § 141.507 of this § I49d.I Nonsterile sodium nafcillin (2) Safety. Proceed as directed in chapter. monohydrate. § 141.5 of this chapter. 4. Part 149b is amended in § 149b.2 by (a) Requirements for certification— (3) Moisture. Proceed as directed in revising paragraph ’(b) (1) (iii) to read as (1) Standards of identity, strength, follows: § 141.502 of this chapter. quality, and purity. Sodium nafcillin (4) pH. Proceed as directed in § 141.503 § 149b.2 Sterile ampicillin trihydrate. monohydrate is the monohydrated so­ of this chapter, using an aqueous solu­ ***** dium salt of 6- (2-ethoxy-l-naphtha- tion containing 30 milligrams per milli­ (b) * * * mido) penicillanic acid. It is so purified liter. CD * * * and dried that: (1) It contains not less th^n 820 micro­ (5) Crystallinity. Proceed as directed in § 141.504(b) of this chapter. (iii) Hydroxylamine colorimetric as­ grams of nafcillin per milligram. say. Proceed as directed in § 141.507 of (ii) It passes the safety test. (6) Sodium nafcillin monohydrate this chapter. (iii) Its moisture content is not less content. Dissolve an accurately weighed • * * * * than 3.5 percent and not more than 5.3 portion of the sample in a sufficient ac­ curately measured volume of distilled Effective date. This order shall become percent. water to obtain a concentration of 0.05 effective 30 days after its date of publica­ (iv) Its pH in an aqueous solution milligram of sodium nafcillin mono­ tion in the F ederal R egister. containing 30 milligrams per milliliter is not less than 5.0 and not more than 7.0. hydrate per milliliter (estimated). Treat (See. 507, 50 Stat. 463, as amended; 21 U.S.C. a portion of the nafcillin forking stand­ 357) (v) It is crystalline. (vi) Its sodium nafcillin monohydrate ard in the same manner. Using a suitable Dated: February 28, 1972. content is not less than 90 percent. spectrophotometer equipped with quartz (vii) It gives a positive identity test H. E. S im m o n s , cells and distilled water as a blank, scan Director, Bureau of Drugs. for nafcillin. the absorption spectra of the sample and (2) Labeling. It shall be labeled in ac­ [PR Doc.72-3284 Filed 3-6-72;8:45 am [ the nafcillin working standard solutions cordance with the requirements of § 148.3 between the wavelengths of 245 nanom­ (b) of this chapter. eters and 340 nanometers. Determine PART 141 a— PENICILLIN AND PENI­ (3) Requests for certification; samples. the absorbance of the sample and work­ CILLIN-CONTAINING DRUGS; TESTS In addition to complying with the re­ ing standard solutions at the absorption AND METHODS OF ASSAY quirements of § 146.2 of this chapter, maximum at 280 ± nanometers. (The ex­ PART 146a— CERTIFICATION OF PENI­ each such request shall contain: act position of the maximum should be CILLIN AND PENICILLIN-CONTAIN­ (i) Results of tests and assays on thedetermined for the particular instrument ING DRUGS batch for potency, safety, moisture, pH, used.) Calculate as follows:

PART 149d— NAFCILLIN weight in volume oí sodium nafcillin monohydrate Absorbance X milligrams X sample X content of standard Percent sodium naf- °* sample Recodification oí standard solution in percent cillln monohydrate=- weight in volume of Effective upon publication in the F ed­ Absorbance. eral R egister (3-7-72), Part 149d is re­ of standard XmUligrarnsX standard published to incorporate editorial and of sample solution nonrestrictive technical changes and to include all monographs in Part 141a and (7) Identity. The absorption spectrum quality, and purity. Sterile sodium 146a currently providing for the certifi­ of the sample determined as directed in nafcillin monohydrate is the mono­ cation of nafcillin products, except so­ subparagraph (6) of this paragraph hydrated sodium salt of 6-(2-ethoxy-l- dium nafcillin, sodium nafcillin capsules compares qualitatively with that of the naphthamido) penicillanic acid. It is so and sterile sodium nafcillin monohydrate nafcillin working standard. purified and dried that: packaged for dispensing, which are being (i) It contains not less than 820 micro­ deleted because the sponsor, Wyeth Lab­ § 149d.2 Sterile sodium nafcillin mono­ hydrate. grams of nafcillin per milligram. oratories, Inc., is no longer interested in (ii) It is sterile. marketing these products. This order re­ (a) Requirements for certification— (iii) It is nonpyrogenic. vokes all prior, publications of Part 149d. (1) Standards of identity, strength, (iv) It passes the safety test.

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 4908 RULES AND REGULATIONS

(v) Its moisture content is not less § 149d.ll Sodium nafcillin monohy­ and not more than 120 percent of the than 3.5 nor more than 5.3 percent. drate capsules. number of milligrams of nafcillin that it (vi) Its pH in an aqueous solution (a) Requirements for certification— is represented to contain. It is sterile. It containing 30 milligrams per milliliter (1) Standards of identity, strength, qual­ is nonpyrogenic. It passes the safety test. is not less than 5.0 and not more than ity, and purity. Sodium nafcillin mono­ Its moisture content is not less than 3.5 7.0. hydrate capsules are composed of sodium and not more than 5.3 percent. When (vii) It is crystalline. nafcillin monohydrate and one or more reconstituted as directed in the labeling, (viii) Its sodium nafcillin monohy­ suitable and harmless buffer substances the pH is not less than 5.0 and not more drate content is not less than 90 percent. and lubricants. Each capsule contains than 8.0. The sodium nafcillin mono­ (ix) It gives a positive identity test sodium nafcillin monohydrate equiva­ hydrate used-conforms to the require­ for nafcillin. lent to 250 milligrams of nafcillin. The ments of § 149d.2(a) (1). (2) Labeling. It shall be labeled in potency is satisfactory if it is not less (2) Labeling. It shall be labeled in ac­ accordance with the requirements of than 90 percent and not more than 120 cordance with the requirements of § 148.3(b) of this chapter. percent of the number of milligrams of § 148.3 of this chpater. (3) Requests for certification; samples. nafcillin that it is represented to con­ (3) Requests for certification; sam­ In addition to complying with the re­ tain. The moisture content is not more ples. In addition to complying with the quirements of § 146.2 of this chapter, than 5.0 percent. The sodium nafcillin requirements of § 146.2 of this chapter, each such request shall contain: monohydrate conforms to the standards each such request shall contain: (i) Results of tests and assays on the prescribed by § 149d.l(a) (1). (i) Results of tests and assays on: batch for potency, sterility, pyrogens, (2) Labeling. It shall be labeled in ac­ (a ) The sodium nafcillin monohydrate safety, moisture, pH, crystallinity, cordance with the requirements of § 148.3 used in making the batch for potency, moisture, pH, crystallinity, sodium sodium nafcillin monohydrate content, of this chapter. and identity. (3) Requests .for certification; sam­ nafcillin monohydrate content, and (ii) Samples required: ples. In addition to complying with the identity. (a) For all tests except sterility: 10 requirements of § 146.2 of this chap­ (b) The batch for potency, sterility, packages, each containing approximate­ ter, each such request shall contain: pyrogens, safety, moisture, and pH. ly 300 milligrams. (1) Results of tests and assays on: (ii) Samples required: (b) For sterility testing: 20 packages, (a) The sodium nafcillin monohy­ (a ) The sodium nafcillin monohydrate each containing approximately 300 drate used in making the batch for po­ used in making the batch: 10 packages, milligrams. tency, safety, moisture, pH, crystallinity, each containing approximately 300 (b ) Tests and methods of assay— sodium nafcillin monohydrate content, milligrams. (b) The batch: (1) Potency. Use any of the following and identity. methods; however, the results obtained (b) The batch for potency and mois­ (1 ) For all tests except sterility: A minimum of 12 immediate containers, from the microbiological agar diffusion ture. (2) For sterility testing: 20 immediate assay shall be conclusive. (ii) Samples required: (1) Microbiological agar diffusion as­ containers, collected at regular intervals (a) The sodium nafcillin monohy­ say. Proceed as directed in § 141.110 of throughout each filling operation. drate used in making the batch: 10 pack­ this chapter, preparing the sample for (b) Tests and methods of assay— (1) ages, each containing approximately 300 assay as follows: Dissolve an accurately Potency— (i) Sample preparation. Re­ milligrams. weighed portion of the sample in suffi­ constitute as directed in the labeling. cient 1 percent potassium phosphate (b) The batch: A minimum of 30 Using a suitable hypodermic needle and buffer, pH 6.0 (solution 1), to give a stock capsules. syringë, remove all of the withdrawable solution of convenient concentration. (b) Tests and methods of assay— (1) contents if it is represented as a single­ Further dilute an aliquot of the stock Potency— (i) Sample preparation. Place dose container, or if the labeling specifies solution with solution 1 to the reference a representative number of capsules into the amount of potency in a given volume concentration of 2 micrograms of a high-speed glass blender jar containing of the resultant preparation remove an nafcillin per milliliter (estimated). sufficient 1 percent potassium phosphate accurately measured representative por­ (ii) Iodometric assay. Proceed as di­ buffer, pH 6.0 (solution 1), to give a stock tion from each container. Dilute the rected in § 141.506 of this chapter. solution of convenient concentration. sample thus obtained with 1 percent (iii) HydroxyTamine colorimetric as­ Blend for 3 to 5 minutes. Remove an potassium phosphate buffer, pH 6.0 (solu­ say. Proceed as directed in § 141.507 of aliquot and further dilute with solution 1 tion 1), to the reference concentration this chapter. to the reference concentration of 2.0 of 2.0 micrograms of nafcillin per milli­ (2) Sterility. Proceed as directed in micrograms of nafcillin per milliliter liter (estimated) for the microbiological § 141.2 of this chapter, using the method (estimated) for the microbiological agar agar diffusion assay and to the pre­ described in paragraph (e )(1 ) of that diffusion assay and to the prescribed con­ scribed concentration for the iodometric section. centration for the iodometric assay. assay. (3) Pyrogens. Proceed as directed in (ii) Assay procedures. Assay for po­ (ii) Assay procedures. Assay for po­ § 141.4(a) of this chapter, using a solu­ tency by either of the following methods; tency by either of the following methods; tion containing 20 milligrams of however, in the results obtained from however, the results obtained from the nafcillin per milliliter. the microbiological agar diffusion assay microbiological agar diffusion assay shall (4) Safety. Proceed as directed in shall be conclusive. ' be conclusive. (a) Microbiological agar diffusion § 141.5 of this chapter. (a) Microbiological agar diffusion as­ assay. Proceed as directed in § 141.110 of (5) Moisture. Proceed as directed say. Proceed as directed in § 141.110 of this chapter. in § 141.502 of this chapter. this chapter. (6) pH. Proceed as directed in § 141.- (b) Iodometric assay. Proceed as di­ (b) Iodometric assay. Proceed as di­ rected in § 141.506 of this chapter. 503 of this chapter, using an aqueous rected in § 141.506 of this chapter. solution. containing 30 milligrams per (2) Sterility. Proceed as directed in (2) Moisture. Proceed as directed in milliliter. § 141.2 of this chapter, using the method § 141.502 of this chapter. (7) Crystallinity. Proceed as directed described in paragraph (e) (1) of that in § 141.504(b) of this chapter. § 149d.I2 Sodium nafcillin monohy­ section. (8) Sodium nafcillin monohydrate drate for injection. (3) Pyrogens. Proceed as directed in content. Proceed as directed in § 149d.l (a) Requirements for certification— § 141.4(a) of this chapter, using a solu­ (b )(6 ). (1) Standards of identity, strength, qual­ tion containing 20 milligrams of nafcil­ (9) Identity. The absorption spectrum ity, and purity. Sodium nafcillin mono­ lin per milliliter. of the sample determined as directed in hydrate for injection is a dry mixture of (4) Safety. Proceed as directed in subparagraph (8) of this paragraph com­ sodium nafcillin monohydrate and a suit­ § 141.5 of this chapter. pares qualitatively with that of the naf­ able buffer substance. Its potency is sat­ (5) Moisture. Proceed as directed in cillin working standard. isfactory if it is not less than 90 percent § 141.502 of this chapter.

FEDERAL REGISTER, VOL. 37, NO. 45—-TUESDAY, MARCH 7, 1972 RULES AND REGULATIONS 4909

(6) pH. Proceed as directed in (b ) Iodometric assay. Proceed as di­ without substantive change. Accordingly, § 141.503 of this chapter, using the solu­ rected in § 141.506 of this chapter. pursuant to provisions of the Federal tion obtained when the product is re­ (2) Moisture. Proceed as directed in Hazardous Substances Act (sec. 2(q) (1) constituted as directed in the labeling. 5 141.502 of this chapter. (B ), (2), 74 Stat. 374, as amended 80 Stat. 1304-05; 15 U.S.C. 1261) and of § 149d.l3 Sodium nafcillin monohy­ (3) pH. Proceed as directed in § 141.503 of this chapter, using the drug the Federal Food, Drug, and Cosmetic drate for ora! solution. Act (sec. 701 (e), ( f ) , (g) , 52 Stat. 1055- reconstituted as directed in the labeling. (a) Requirements for certification— 56, as amended; 21 U.S.C. 371 (e), (f ), (1) Standards of identity, strength, qual­ (Sec. 507, 59 Stat. 463 as amended; 21 U.S.C. (g )), and under authority delegated to ity, and purity. Sodium nafcillin mono­ 357) the Commissioner (21 CFR 2.120): It is hydrate for oral solution is a packaged Dated: February 28, 1972. ordered, That § 191.9(a) be amended by combination of one immediate container adding thereto a new subparagraph (5), of odium nafcillin monohydrate and H . E . S im m o n s , as follows: Director, Bureau of Drugs. one immediate container of an aqueous § 191.9 Banned hazardous substances. diluent containing one or more suitable [FR Doc.72-3285 Filed 3-6-72;8:45 am ] and harmless colorings, flavoring, buff­ (a ) Under the authority of section 2 ers, dispersants, diluents, and preserva­ (q) (1) (B ) of the act, the Commissioner tives. When reconstituted as directed in SUBCHAPTER D— HAZARDOUS SUBSTANCES declares as banned hazardous substances the labeling, each, milliliter contains so­ PART 191— HAZARDOUS SUB­ the following articles because they pos­ dium nafcillin monohydrate equivalent sess such a degree of hazard that ade­ to 50 milligrams of nafcillin. Its potency STANCES: DEFINITIONS AND PRO­ quate cautionary labeling cannot be is satisfactory if it is not less than 90 CEDURAL AND INTERPRETATIVE written and the public health and safety percent and not more than 120 percent REGULATIONS can be served only by keeping such articles out of interstate commerce: of the number of milligrams of nafcillin Household Products Containing Sol­ that it is represented to contain. Its * * * * * uble Cyanide Classified as Banned moisture content is not more than 5 per­ (5) Products containing soluble cya­ cent. When reconstituted as directed in Hazardous Substances nide salts, excluding unavoidable manu­ the labeling, its pH is not less than 5.5 In the matter of classifying household facturing residues of cyanide salts in and not more than 7.5. The sodium naf­ products containing soluble cyanide salts other chemicals that under reasonable cillin monohydrate used conforms to the as banned hazardous substances within and foreseeable conditions of use will not standards prescribed by § 149d.l(a) (1). the meaning of section 2(q) (1) (B ) of the result in a concentration of cyanide (2) Labeling. It shall be labeled in ac­ Federal Hazardous Substances Act: greater than twenty-five parts per cordance with the requirements of •million. 1 148.3 of this chapter. Three comments were received in re­ (3) Requests for certification; sam­ sponse to the notice of proposed rule Any person who will be adversely af­ fected by the foregoing order may at any ples. In addition to complying with the making in the above-identified matter requirements of § 146.2 of this chapter* published in the F ederal R eg ister of Oc­ time within 30 days following the date of each such request shall contain: ' tober 5, 1971 (36 F.R. 19391). One sup­ its publication in the F ederal R e g ister file with the Hearing Clerk, Department (i) Results of tests and assays on:. ports the proposal and the other two, from manufacturers of household sub­ of Health, Education, and Welfare, (a) The sodium nafcillin monohy­ stances containing soluble cyanide salts, Room 6-88, 5600 Fishers Lane, Rock­ drate used in making the batch for po­ request exemptions: ville, Md. 20852, written objections tency, safety, moisture, pH, crystallinity, 1. An exemption is requested to per­ thereto. Objections shall show wherein sodium nafcillin monohydrate content, the person filing will be adversely af­ and identity. mit depletion of existing stocks of such household substances. The Commissioner fected by the order and specify with par­ (b) The batch for potency, moisture, of Food and Drugs finds that permitting ticularity the provisions of the order and pH. the marketing of such products after deemed objectionable and the grounds

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 No. 45— Pt. I- 4910 RULES AND REGULATIONS

three-phase service for residences and 860 kw. and more but less than 1,000 kw. Title 25— INDIANS small noncommercial users. Unless spe­ of contract demand______24 cifically permitted by the contract, use 1,000 kw. and more of contract demand_25 Chapter I— Bureau of Indian Affairs, must be limited to the consumer’s own (d) Minimum bill. The minimum bill Department of the Interior premises and power supplied must not shall be 50 cents per month per kilowatt SUBCHAPTER U— ELECTRIC POWER SYSTEM be resold. If more than one meter is re­ of billing demand and no discount shall quired by the customer’s installation or apply to this minimum. PART 233— SAN CARLOS INDIAN for the customer’s convenience, bills will (e) Contract demand. Each contract IRRIGATION PROJECT, ARIZONA be independently calculated for each shall state the number of kilowatts which meter. Regulations and Rates the customer expects to require and de­ (b) Monthly rate. (1) 4 cents per kilo­ sires to have reserved for his service. This M arch 2, 1972. watt hour for the first 100 kilowatt quantity is called the contract demand. The authority to issue regulations is hours. The stated quantity need not be the same vested in the Secretary of the Interior (2) 3.5 cents per kilowatt hour for the for all months of the year, but the con­ by sections 161, 463, and 465 of the Re­ next 100 kilowatt hours. tract demand shall not be less than 20 vised Statutes (5 U.S.C. 301; 25 U.S.C. (3) 3 cents per kilowatt hour for the kilowatts in any month for which a de­ 2 and 9). next 100 kilowatt hours. mand is stipulated. (4) 1.75 cents per kilowatt hour for Beginning on page 13096 of the F ed­ (f) Actual demand. The actual de­ the next 200 kilowatt hours. eral R egister of July 14, 1971 (36 F.R. mand for any month shall be the average 13096-13097) there was published a (5) 1.35 cents per kilowatt hour for all amount of power used during the period notice to amend Part 233 of Title 25 of additional kilowatt hours. of 15 consecutive minutes when such the Code of Federal Regulations, dealing (c) Minimum bill. The minimum bill average is the greatest for the month as with providing,additional power revenue shall be $4 per month except when a determined by suitable meters, or, if to meet the increased cost of operating higher minimum bill is stipulated in the meters are unavailable, the actual de­ and maintaining the power system of the contract. mand shall be connected load or such San Carlos Indian Irrigation Project, portion of the connected load as the § 233.52 Rate Schedule No. 2— general Project Engineer may determine to be Arizona. The regulations were proposed rate. pursuant to 5 U.S.C. Section 301 (1970 appropriate based on available informa­ E d .), section 5 of the Act of June 7, 1924 (a) This schedule is applicable to tion as to the customer’s use of connected (43 Stat. 475, 476), and the Act of three-phase electric service for all pur­ lights, appliances, and equipment, or March 7, 1928 (45 Stat. 200, 210-211). poses and is especially suitable for larger from check metering. Interested persons were given 30 days commercial and industrial concerns. Un­ (g) Billing demand. The billing de­ in which to submit written comments, less specifically permitted by the con­ mand for a month shall be the contract suggestions or objections regarding the tract, use must be limited to the con­ demand or the actual demand for the proposed amendments. sumer’s premises and the power supplied month, whichever is greater. must not be resold. If more than one No objections have been received and § 233.53 Rate Schedule No. 3— irriga­ meter is required by the customer’s in­ the proposed regulations are hereby tion and commercial pumping rate. adopted without change and are set forth stallation, or for the customer’s conven­ (a) Application of schedule. This below. ience, bills will be independently calcu­ schedule is applicable to three-phase Because the additional power revenue lated for each meter. electric service for irrigation or commer­ is urgently needed to provide adequate (b) Monthly rate. (1) 2.6 cents per cial pumping loads of 25 kilowatts de­ and proper operation and maintenance kilowatt hour for the first 25 kilowatt mand or more. The necessary metering of the San Carlos Indian Irrigation Proj­ hours per kilowatt of billing demand. equipment will be supplied and main­ ect power system, the 30-day deferred (2) 1.7 cents per kilowatt hour for the tained by the Project for all installations. effective date is dispensed with under next 50 kilowatt hours of billing demand. Each service will be at one point of de­ the exception provided in subsection (d) (3) 1.25 cents per kilowatt hour for all livery and measured through one meter. (3) of 5 U.S.C. 553 (Supp. V, 1965-1969). additional kilowatt hours. This schedule is not applicable to tem­ Accordingly, these regulations will be­ (c) Discounts. The following dis­ porary, breakdown, standby, supple­ come effective upon date of publication counts will be applied in accordance with mentary, nor resale service. in the F ederal R eg ister (3-7-72). the contract demand as defined below. (b) Monthly rate, either of the follow­ H a r r iso n L o e s c h , Discounts do not apply to the minimum ing. (1) The sum of demand and energy Assistant Secretary of the Interior. charge. charges as follows where Project fur­ Percent Sections 233.20, 233.51, 233.52, 233.53, nishes and maintains substation facili­ Less than 25 kw. of contract demand____ 0 ties: and 233.54 are amended to read as 25 kw. and more but less than 37 kw. of follows: contract demand______10 (1) Demand charges of 50 cents per 37 kw. and more but less than 51 kw. of kilowatt of billing demand, and § 233.20 Connect, reconnect, and ac­ contract demand______l i (ii) Energy charges of 6.5 mills per counting charges. 51 kw. and more but less than 70 kw. of kilowatt hour for the first 200 kilowatt A nonrefundable service establishment contract demand______12 hours per kilowatt of billing demand, and 70 kw. and more but less than 96 kw. of fee of $5 will be charged each time the contract demand______13 (iii) Energy charges of 9.5 mills per Project is requested to establish or re­ 96 kw. and more but less than 130 kw. of kilowatt hour for all additional kilowatt establish electric service to the custom­ contract demand______14 hours, or er’s delivery point. The charge will be 130 kw. and more but less than 170 kw. of (2) The sum of demand and energy included in and rendered with the first contract demand ______15 charges as follows where the customer month’s bill for electricity after con­ 170 kw. and more but less than 215 kw. of contract demand______ie furnishes and maintains substation nection or reconnection service. An facilities: accounting charge of $5 will be made 215 kw. and more but less than 270 kw. of contract demand______!______17 (i) Demand charges of 50 cents per when a check is returned unpaid by a 270 kw. and more but less than 340 kw. of kilowatt of billing demand, and bank because of insufficient funds or contract demand______18 other reasons. This charge will be in ad­ 340 kw. and more but less than 410 kw. of (ii) Energy charges of 6.5 mills per dition to any other applicable charges contract demand______19 kilowatt hour for the first 200 kilowatt and will appear on the next month’s bill 410 kw. and more but less than 500 kw. hours per kilowatt of billing demand, and for electricity. of contract demand______20 (iii) Energy charges of 9 mills per 500 kw. and more but less than 600 kw. kilowatt hour for all additional kilowatt § 233.51 Rate Schedule No. 1— combi­ of contract demand______21 hours. nation rate. 600 kw. and more but less than 720 kw. of contract demand______22 (c) Minimum bill. The minimum bill (a) Application of schedule. This 720 kw. and more but less than 860 kw. shall be 50 cents per month per kilowatt schedule is applicable to single-phase or of contract demand______23 of billing demand.

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, T972 RULES AND REGULATIONS 4911

(d) Billing demand. The billing de­ § 233.55 Rate Schedule No. 5— commer­ PART 102— RULES AND mand for a month shall be the contract cial rate. REGULATIONS, SERIES 8 demand or the actual demand for that (a) Application of schedule. This month, whichever is the greater. schedule, is applicable to single-phase Subpart B— Procedure Under Section (e) Contract demand. Each customer or three-phase service to commercial 10 (a) to (i) of the Act for the Preven­ shall state the number of kilowatts which users, including but not limited to, stores, tion of Unfair Labor Practices the customer expects to require and de­ garages, service stations, taverns, motels, A p pe a l to t h e G e n e r a l C o u n s e l sires to reserve for his service. This quan­ mobile home parks, light manufacturing tity is called the contract demand. The and industrial plants, and installations Section 102.19(c) is corrected to read contract demand shall apply for not less with similar load characteristics having as follows: than eight (8) months of the year. Dur­ normal load factors and maximum de­ § 102.19 Appeal to the general counsel ing the remainder of the year the cus­ mands of less than 50 kilowatts. Unless from refusal to issue or reissue. tomer may elect to reduce his contract specifically permitted by the contract, * * * * * demand to not less than 25 kilowatts on use must be limited to the consumer’s this schedule, arrange for power under own premises and power supplied must (c) The general counsel may sustain the regional director’s refusal to issue another rate schedule, or disconnect his not be resold. If more than one meter is or reissue a complaint, stating the facilities. required by the customer's installation or for the customer’s convenience, bills will grounds of his affirmance, or may direct (f) Actual demand. The actual demand the regional director to take further ac­ for any month shall be the average be independently calculated for each meter. tion; the general counsel’s decision shall amount of power used during the period be served on all the parties. A motion of 15 consecutive minutes when such (b) Monthly rate. (1) 5.33 cents per kilowatt hour for the first 75 kilowatt for reconsideration of the decision must average is the greatest for the month as be filed within 10 days of service of the determined by suitable meters, or, if me­ hours. (2) 3 cents per kilowatt hour for the decision, except as hereinafter provided, ters are unavailable or inoperable, the and shall state with particularity the actual demand shall be the connected next 175 kilowatt hours. (3) 2.2 cents for the next 350 kilowatt error requiring reconsideration. A mo­ load or such portion of the connected tion for reconsideration based upon load as the Project Engineer may de­ hours. (4) 1.8 cents for the next 600 kilowatt newly discovered evidence which has be­ termine to be appropriate based on avail­ come available only since the decision able information as to the customer’s use hours. (5) 1.3 cents for all additional kilowatt on appeal shall be filed promptly on of connected load or from check discovery of such evidence. Motions for metering. hours. (c) Minimum bill. The minimum bill reconsideration of a decision previously (g) Substation facilities. Substation reconsidered will not be entertained, ex­ shall be $4 per month except when a facilities shall be considered to include cept in unusual situations where the higher minimum bill is stipulated in the moving party can establish that new evi­ high voltage safety and isolating equip­ contract. ment, transformers, and substation dence has been discovered which could structures. Normal utilization voltages [PR Doc.72-3425 Filed 3-6-72;8:49 am] not have been discovered by diligent in­ shall be 240 volts, 480 volts, 2,400 volts, quiry prior to the first reconsideration. or such primary distribution voltages as This amendment is effective upon may be available. Measurement of power Title 29— LABOR publication in the F ederal R egister and energy used will be at secondary Chapter I— National Labor Relations (3-7-72). voltages. O g d en W . F ie l d s , § 233.54 Rate Schedule No. 4— street Board Executive Secretary, and area lighting. PART 101— STATEMENTS OF National Labor Relations Board. (a) Application. This rate schedule PROCEDURE, SERIES 8 [F R Doc.72-3407 Piled 3-6-72;8:49 am] applies to service for lighting public streets, alleys, thoroughfares, public Subpart B— Unfair Labor Practice parks, schoolyards, industrial areas, Cases Under Section 10 (a) to (i) of PART 102— RULES AND parking lots, and similar areas where the Act and Telegraph Merger Act REGULATIONS, SERIES 8 dusk-to-dawn service is desired. The Cases Project will own, operate, and maintain Subpart B— Procedure Under Section H e a r in g s the lighting system including normal 10 (a) to U) of the Act for the Preven­ lamp and globe replacements. x Section 101.10(b) is amended by the tion of Unfair Labor Practices (b) Monthly rate. (1) Lamps: addition of a new paragraph (4) as D u t ie s an d P o w e r s o f T r ia l E x a m in e r s Per lamp follows: 200 watts or less, incandescent (2,800 § 101.10 Hearings. Section 102.35 is amended by the ad­ lumens or less)______$2. 80 * * * * * dition of a new paragraph (i) which 175 watts mercury vapor (approxi­ reads as follows and by relettering exist­ mately 6,500 lum ens)______4.50 (b) * * * ing paragraphs (i) through (1) to read 250 watts mercury vapor (approxi­ (4) Subject to the approval of the trial (j) through (m ): mately 10,000 lum ens)______5. 40 examiner, all parties to the proceeding 400 watts mercury vapor (approxi­ voluntarily may enter into a stipulation § 102.35 Duties and powers of Trial Ex­ mately 18,000 lumens) ______7. 00 dispensing with a verbatim written tran­ aminers. The minimum term of a service con­ script of record of the oral testimony * * * * * tract will be 12 months, payable in ad­ adduced at the hearing and providing (i) To approve a stipulation volun­ vance. The advance payment may be for the waiver by the respective parties tarily entered into by all parties to the waived in special cases by the Project of their right to file with the Board ex­ Engineer. Installation charges, the cost ceptions to the findings of fact (but not case which will dispense with a verbatim of wood poles or special steel, aluminum, to conclusions of law or recommended written transcript of record of the oral or other supports, special fixtures, and orders) which the trial examiner shall testimony adduced at the hearing, and the cost of underground service, will be make in his decision. which will also provide for the waiver by charged as determined by the Project This amendment is effective upon the respective parties of their right to Engineer. Special yellow lamps to repel publication in the F ederal R egister file with the Board exceptions to the insects will be subject to a surcharge of (3-7-72). findings of fact (but not to conclusions 50 cents per month, 12-month minimum, I s e a l ] O gden W . F ie l d s , of law or recommended orders) which payable in advance. Executive Secretary, the trial examiner shall make in his A new section is added to Part 233 to National Labor Relations Board. decision. read as follows: [P R Doc.72-3406 Piled 3-6-72; 8:48 am]

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 4912 RULES AND REGULATIONS

This amendment is effective upon pub­ paragraph (o) of this section if divorce 2 - diethylamino - 6 - methyl - 4 - pyrim­ lication in the F ederal R eg ister <3—7— was without fault on part of the wife. idinyl phosphate. 72). (d ) Child— (1) Marriage. Last day of * * * * * the calendar year in which marriage 2. In Subpart C, by adding a new sec­ [ s e a l ] O gd en W . F ie l d s , occurred unless discontinuance is re­ Executive Secretary, tion as follows: quired at an earlier date under other National Labor Relations Board, provisions. § 180.308 0,0-Diethyl O- (2-diethylami- [FR Doc.72-8408 Filed 3-8-72; 8:49 am] * * * * * no-6-methyl-4-pyrimidinyl ) phos­ phorothioate and its oxygen analog; (72 Stat. 1114; 38 U.S.C. 210) tolerances for residues. These VA Regulations are effective A tolerance of 0.02 part per million is Title 38— PENSIONS, BONUSES, January 1,1972. established for negligible residues of the Approved: March 1,1972. insecticide 0,0-diethyl O- (2-diethyl- AND VETERANS’ RELIEF amino - 6 - methyl - 4 - pyrimidinyl) By direction of the Administrator. ¿ Chapter I— Veterans Administration phosphorothioate and its oxygen analog [ s e a l ] F red B. R h o d e s , diethyl 2 - diethylamino - 6 - methyl - PART 21— VOCATIONAL Deputy Administrator. 4-pyrimidinyl phosphate in or on the REHABILITATION AND EDUCATION [F R Doc.72-3417 Filed 3-6-72;8:49 am] raw agricultural commodity bananas. Any person who will be adversely af­ Subpart A— Vocational Rehabilitation fected by the foregoing order may at any Under 38 U.S.C. Ch. 31 time within 30 days after its date of Title 40— PROTECTION OF publication in the F ederal R egister file Subpart D— Administration of Educa­ with the Objections Clerk, Environmen­ tional Benefits; 38 U.S.C. Chapters tal Protection Agency, Room 3175, South 34, 35, and 36 ENVIRONMENT Agriculture Building, 12th Street and In­ dependence Avenue SW., Washington, R e d u c t io n or D iscontinuance of Chapter I— Environmental Protection DC 20460, written objections thereto in E d u c a t io n a l A w a r d s Agency quintuplicate. Objections shall show Effective dates of educational awards SUBCHAPTER E— PESTICIDES PROGRAMS Wherein the person filing will be ad­ are required by law to conform, where PART 180— TOLERANCES AND EX­ versely affected by the order and specify feasible, to those for compensation. These EMPTIONS FROM TOLERANCES FOR with particularity the provisions of the regulations provide that discontinuance order deemed objectionable and the or reduction because of the death, PESTICIDE CHEMICALS IN OR ON grounds for the objections. If a hearing divorce, or marriage of a dependent of RAW AGRICULTURAL COMMODI­ is requested, the objections must state a payee, in most instances, shall be the TIES the issues for the hearing. A hearing will end of the year rather than the end of be granted if the objections are supported the month because of a similar provision 0 ,0 - Diethyl O - (2 - Diethylamino - 6- by grounds legally sufficient to justify for compensation provided by Public Methyl-4-Pyrimidinyl) Phosphoro- the relief sought. Objections may be ac­ Law 92-198, 85 Stat. 663. thioate; and Its Oxygen Analog companied by a memorandum or brief in 1. In Subpart A, § 21.132 (b), (c), and support thereof. A notice was published by the Environ­ (d )(1 ) are amended to read as follows: mental Protection Agency in the F ederal Effective date. This order shall become § 21.132 Reduction or discontinuance. R eg ister of January 5,1972 (37 F.R. 94), effective on its date of publication in the * * * * * proposing establishment of a tolerance F ederal R egister (3-7-72). (b) Death of dependent. Last day of of 0.02 part per million for negligible (Sec. 408(e), 68 Stat. 514; 21 U.S.C. 346a(e)) residues of the insecticide 0 ,0 -diethyl O- attendance or last day of approved leave Dated: March 1, 1972. status (whichever is applicable), or last (2 - diethylamino - 6 - methyl - 4 - pyri- day of the calendar year in which death midinyl) phosphorothioate and its oxy­ W il l ia m M . U p h o l t , occurred, whichever is earlier. gen analog diethyl 2-diethylamino-6- Deputy Assistant Administrator (c) Divorce. Last day of attendance or methyl-4-pyrimidinyl phosphate in or on for Pesticides Programs. last day of approved leave status (which­ bananas. [FR Doc.72-3428 Filed 3-6-72;8:50 am] ever is applicable), or last day of the No comments or requests for referral calendar yeat in which the divorce oc­ to an advisory committee were received. curred, whichever is earlier. It is concluded that the proposal should PART 180— TOLERANCES AND EX­ be adopted. EMPTIONS FROM TOLERANCES FOR (d) Child— (1) Marriage. Last day of Therefore, pursuant to provisions of attendance or last day of approved leave the Federal Food, Drug, and Cosmetic PESTICIDE CHEMICALS IN OR ON status (whichever is applicable), or last Act (sec. 408(e), 68 Stat. 514; 21 U.S.C. RAW AGRICULTURAL COMMODI­ day of the calendar year in which the 346a(e)), the authority transferred to TIES marriage occurred, whichever is earlier. the Administrator of the Environmental a-Naphthaleneacetamide * * * * * Protection Agency (35 F.R. 15623), and 2. In Subpart D, §21.4135 (b), (c), the authority delegated by the Adminis­ A notice was published by the Environ­ and (d )(1 ) are amended to read as trator to the Deputy Assistant Adminis­ mental Protection Agency in the F ederal follows: trator for Pesticides Programs (36 F.R. R egister of January 5, 1972 (37 F.R. 92), 9038), Part 180 is amended as follows: proposing establishment of tolerances for § 21.4135 Discontinuance dates. 1. In § 180.3(e) (5), by alphabeticallycombined negligible residues of the plant * * * * * inserting in the list of cholinesterase-in­ regulator a-naphthaleneacetamide and (b) Death of dependent. Last day of hibiting pesticides a new item, as its metabolite a-naphthaleneacetic acid the calendar year in which death occurs follows: (calculated as a-naphthaleneacetic acid) unless discontinuance is required at an in or on apples and pears at 0.1 part per earlier date under other provisions. § 180.3 Tolerances for related pesticide chemicals. million. No comments or requests for re­ (c) Divorce. (1) Veteran, chapter 34: * * * * '* ferral to an advisory committee were Last day of the calendar year in which received. divorce occurs unless discontinuance is (e) * * * It is concluded that the proposal s h o u ld required at an earlier date under other (5) * * * be adopted. provisions. 0 ,0 - Diethyl O - (2 - diethylamino - Therefore, pursuant to provisions of (2) Wife, chapter 35: Date the decree6 - methyl - 4 - pyrimidinyl) phosphoro - the Federal Food, Drug, and Cosmetic became final, subject to extension under thioate and its oxygen analog diethyl Act (sec. 408(e), 68 Stat. 514; 21 U.S.C.

FEDERAL REGISTER. VOL. 37, NO. 4S— TUESDAY, MARCH 7f 1972 RULES AND REGULATIONS 4913

346a (e )), the authority transferred to PART 180— TOLERANCES AND EX­ (Sec. 408(e), 68 Stat. 514; 21 U.S.C. 346a(e) ) the Administrator of the Environmental EMPTIONS FROM TOLERANCES FOR Dated: March 1,1972. Protection Agency (35 F.R. 15623), and PESTICIDE CHEMICALS IN OR ON the authority delegated by the Adminis­ W il l ia m M . U p h o l t , trator to the Deputy Assistant Adminis­ RAW AGRICULTURAL COMMODI­ Deputy Assistant Administrator trator for Pesticides Programs (36 F.R. TIES for Pesticides Programs. 9038), Part 180 is amended as follows: Sodium Trichloroacetate [F R Doc.72-3430 Filed 3-6-72; 8:50 am ] 1. In Subpart A, by adding a new subparagraph (7) to § 180.3(d), as fol­ A notice was published by the Environ­ lows, to avoid a conflict when two dif­ mental Protection Agency in the F ed ­ ferent tolerances for the subject pesticide eral R eg ister of January 5, 1972 (37 Title 41— PUBLIC CONTRACTS and/or its metabolite are established on F.R. 93), proposing establishment of tol­ the same commodity. erances for residues of the herbicide so­ dium trichloroacetate in or on the raw AND PROPERTY MANAGEMENT § 180.3 Tolerances for related pesticide agricultural commodities sugar beet chemicals. roots and sugarcane at 0.5 part per mil­ Chapter 9— Atomic Energy ***** lion. Commission (d) * * * No comments or requests for referral PART 9-T— GENERAL (7) Where tolerances are establishedto an advisory committee were received. for residues of a-naphthaleneacetamide It is concluded that the proposal should Subpart 9—1.7— Small Business and/or «-naphthaleneacetic acid in or be adopted. Concerns on the same raw agricultural commod­ Therefore, pursuant to provisions of M iscellaneous A m e n d m e n t s ity, the total amount of such pesticides the Federal Food, Drug, and Cosmetic shall not yield more residue than that Act (sec. 408(e), 68 Stat. 514; 21 U.S.C. The changes in AECPR Subpart 9-1.7, permitted by the higher of the two 346a(e)>, the authority transferred to Small Business Concerns, are made to ( 1 ) tolerances, calculated as «-naphthalene- the Administrator of the Environmental add FPR 1-1.703-1 to the FPR provi­ acetic acid. Protection Agency (35 F.R. 15623), and sions listed in AECPR 9-1.700 as apply­ ing to cost-type contractor activities, 2. In Subpart C, by adding a new sec­ the authority delegated by the Admin­ (2) clarify AECPR 9-1.705-3 as it applies tion thereto, as follows: istrator to the Deputy Assistant Admin­ istrator for Pesticides Programs (36 F.R. in the case of formally advertised con­ § 180.309 «-Naphthaleneacetamide; tol­ 9038), Part 180 is amended as follows: struction set-asides made by cost-type erances for residues. contractors, and (3) supplement FPR 1. In § 180.3(e) (4) by alphabetically Tolerances are established for com­ inserting in the list of chlorinated or­ 1-1.713 Contracts with the Small Busi­ ness Administration. bined negligible residues of the plant ganic pesticides a new item, as follows: regulator «-naphthaleneacetamide and 1. Section 9-1.700, General, is revised § 180.3 Tolerances for related pesticide its metabolite «-naphthaleneacetic acid to read as follows : chemicals. (caculated as «-naphthaleneacetic acid) § 9—1.700 General. (e) * * * in or on the raw agricultural com­ (4) * * * The policies and procedures pre­ modities apples and pears at 0.1 part scribed in this subpart and in FPR 1- Sodium trichloroacetate. per million. 1.7 apply to all AEC direct procurement. ***** Any person who will be adversely af­ The following shall be applied to cost- 2. By adding the following new section: type contractor procurement activities. fected by the foregoing order may at any time within 30 days after its date of § 180.310 Sodium trichloroacetate; tol­ FPR AECPR erances for residues. 1-1.703-1 ______9—1.702(b) (2). publication in the F ederal R eg ister file 1-1.703-2 ______9—1.703-2(a), with the Objections Clerk, Environ­ A tolerance of 0.5 part per million is 9-1.705-3 (a ). mental Protection Agency, Room 3175, established for residues of the herbicide 9-1.706-1 (d ). sodium trichloroacetate in or on the raw South Agriculture Building, 12th Street 1-1.706-5 ______9-1.706-5(b ). agricultural commodities sugar beet roots 1-1.706-6______and Independence Avenue SW., Wash­ and sugarcane. 9-1.709. ington, DC 20460, written objections 1-1.710-1 (a) and Any person who will be adversely af­ (c) ------thereto in quintuplicate. Objections shall fected by the foregoing order may at any 1-1.710-2______show wherein the person filing will be time within 30 days after its date of 9-1.710-4 (a ). adversely affected by the order and publication in the F ederal R e g ister file 9-1.751. 1-1.712-2______;_ specify with particularity the provisions with the Objections Clerk, Environmen­ tal Protection Agency, Room 3175, South of the order deemed objectionable and 2. Section 9-1.705-3, Screening of pro­ Agriculture Building, 12th Street and curements, is revised to read as follows: the grounds for the objections. If a hear­ Independence Avenue SW., Washington, ing is requested, the objections must DC 20460, written objections thereto in § 9—1.705—3 Screening o f procurements. state the issues for the hearing. A hear­ quintuplicate. Objections shall show (a) Class set-asides. An agreement has ing will be granted if the objections are wherein the person filing will be ad­ been reached between the AEC and the versely affected by the order and specify supported by grounds legally sufficient SBA that AEC would accept SBA initia­ with particularity the provisions of the to justify the relief sought. Objections tion of class set-asides for formally ad­ order deemed objectionable and the vertised construction procurements esti­ may be accompanied by a memorandum grounds for the objections. If a hearing is mated to cost between $2,500 and $1 or brief in support thereof. requested, the objections must state the million, including new construction and repair and alteration of structures. When Effective date. This order shall be­ issues for the hearing. A hearing will be come effective on its date of publication in the judgment of the contracting officer granted if the objections are supported a particular procurement falling within in the F ederal R eg ister (3-7-72). by grounds legally sufficient to justify these dollar limits is determined unsuit­ (Sec. 408(e), 68 Stat. 514; 21 U.S.O. 346a(e)) the relief sought. Objections may be ac­ able for a set-àside for exclusive small Dated: March 1,1972. companied by a memorandum or brief business participation, he shall notify in support thereof. the appropriate SBA representative of W il l ia m M . U p h o l t , this decision. Unless SBA appeals the Deputy Assistant Administrator Effective date. This order shall become decision (see FPR 1-1.706-2), the con­ for Pesticides Programs. effective on its date of publication in the tracting officer shall proceed to process [PR Doc.72-8429 Piled 3-6-72;8:50 am ] F ederal R egister (3-7-72).’ the procurement on an unrestricted basis.

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 4914 RULES AND REGULATIONS

Small business set-aside preferences Suspension of Work clause found in FPR PART 9-7— CONTRACT CLAUSES should be considered for construction 1-7.601-4 is being added to the Outline procurements in excess of $1 million on a for lump-sum architect-engineering con­ Subpart 9-7.50— Use of Standard case-by-case basis, favoring such prefer­ tracts on an optional basis. The Termi­ Clauses ential participation o f small business nation for Convenience article for lump­ 3. In § 9-7.5004, Standard AEC clauses whenever appropriate. (In the case of sum architect-engineering contracts in which are mandatory as to text, § 9- cost-type contractor procurements, noti­ AECPR 9-8.752 is being deleted along 7.5004-11, Security, paragraphs (a) and fication to SBA shall be made through with the reference to it in AECPR 9- (g) are revised to read as follows: AEC channels.) 7.5007-16. Other minor editorial changes 3. A new paragraph (c) is added to are being made. § 9—7.5004 Standard AEC clauses which are mandatory as to text. § 9-1.705-7, Performance of contract by PART 9-5— SPECIAL AND DIRECTED SBA, to read as follows: SOURCES OF SUPPLY § 9—7.5004—11 Security. § 9—1.705—7 Performance of contract by (a) Contractor’s duty to safeguard Re­ SBA. Subpart 9—5.52— Procurement of stricted Data, Formerly Restricted Data, ***** Special Items and other classified information. The contractor shall, in accordance with the (c) Detailed arrangements for han­ 1. In § 9-5.5201, Motor vehicles, § 9- Atomic Energy Commission’s security dling individual 8(a) contracts should be 5.5201-4, Direct purchase, is revised to regulations and requirements, be respon­ worked out between AEC and SBA offices, read as follows: sible for safeguarding Restricted Data, consistent with FPR 1-1.713, and AFJCFR § 9—5.5201 Motor vehicles. Formerly Restricted Data, and other 9-1.713-1. Any problems relating to con­ classified information and protecting tracting with the Small Business Admin­ § 9—5.*5201—4 Direct purchase. against sabotage, espionage, loss and istration which cannot be readily re­ Vehicles may be procured by field theft, the classified documents and ma­ solved between Managers of AEC Field offices from other sources where specific terial in the contractor’s possession in Offices and Regional Directors of SBA clearance has been granted by GSA. In connection with the performance of work should be reported to the Director, Di­ those cases where a clearance has not under this contract. ISxcept as otherwise vision of Contracts. been granted by GSA and where it is expressly provided in this contract, the 4. A new § 9-1.713, Contracts vHth the believed that procurement through GSA contractor shall, upon completion or ter­ Small Business Administration, is added would impair or adversely affect the pro­ mination of this contract, transmit to the to read as follows: gram, clearance for direct procurement Commission any classified matter in the § 9—1.713 Contracts with the Small Busi­ shall be obtained from the Director, Di­ possession of the contractor or any per­ ness Administration. vision of Contracts, prior to • the pro­ son under the contractor’s control in curement. The purchase price shall not connection with performance of this con­ § 9—1.713—1 Authority. exceed any statutory limitation in effect tract. If retention by the contractor of The prohibition contained in AECPR at the time the procurement is made. any classified matter is required after 9-1.452 relative to authorizing disputes 2. In § 9-5.5267, Special materials, § 9- the completion or termination of the provisions in subcontracts under fixed- 5.5207-3, Platinum, and § 9-5.5207-4, contract and such retention is approved price prime contracts, shall not be con­ Radium and radium compounds, are re­ by the Contracting Officer the contractor strued to preclude the use of the prime vised to read as follows: will complete a certificate of possession and subcontract language regarding con­ to be furnished to the Atomic Energy tracting officer decisions and appeals § 9—5.5207 Special materials. Commission specifying the classified therefrom as prescribed by FPR 1-1.713-3 § 9—5.5207—3 Platinum. matter to be retained. The certification (d ) and (e) and FPR 1-1.713-4 (g) and shall identify the items and types or (h ). The Chicago Operations Office is re­ sponsible for maintaining the AEC categories of matter retained, the condi­ (Sec. 161, Atomic Energy Act of 1954, as amended, 68 Stat. 948, 42 U.S.C. 2201; sec. platinum supply. AEC offices and cost- tions governing the retention of the mat­ 205, Federal Property and Administrative type contractors shall clear with the ter and the period of retention, if known. Services Act of 1949, as amended, 63 Stat. Chicago Operations Office as to the avail­ If the retention is approved by the Con­ 390, 40 UJS.C. 486) ability of AEC platinum prior to the tracting Officer, the security provisions purchase of platinum on the open Effective date. These amendments are of the contract will continue to be ap­ market. effective upon publication in the F ederal plicable to the matter retained. R eg ister (3-7-72). § 9—5.5207—4 Radium and radium com­ * * * * * pounds. Dated at Germantown, Md., this 1st (g) Subcontracts and purchase orders. day of March 1972. (a) The Division of Production and Except as otherwise authorized in writ­ Materials Management is responsible for For the U.S. Atomic Energy Commis­ procuring radium and radium com­ ing by the Contracting Officer, the con­ sion. pounds (including radium, mesothorium, tractor shall insert provisions similar to R o bert A . K o h l e r , radium D, and associated radioactive the foregoing in all subcontracts and Acting Director, purchase orders under this contract. Division of Contracts. substances) as requested by the Chicago Operations Office. AEC offices and cost- N ote A: Except as provided in N ote A to [FR Doc.72-3390 Filed 3-6-72; 8:47 am ] type contractors shall place require­ § 9-7.5004-22, this clause is required in con­ ments directly with the Chicago tracts entered into under sections 31 or 41 MISCELLANEOUS AMENDMENTS TO Operations Office. of the Atomic Energy Act of 1954, as amended, and in other contracts, subcontracts, and CHAPTER (b) The Chicago Operations Office is purchase orders the performance of which responsible for the procurement of serv­ The changes made in AECPR Subpart involves or is likely to involve Restricted 9-5.52, Procurement of Special Items, ices for: Data, Formerly Restricted Data or other are made in order to clarify the require­ (1) Storage of radium salts and classified information. ment to obtain a clearance from the Di­ sources returned. rector, Division of Contracts, for the 4. In § 9-7.5007, Suggested A E C (2) Recovery of radium from AEC- procurement of motor vehicles from clauses, § 9-7.5007-16, Termination arti­ owned encapsulated radium sources. AEC other sources in the absence of a waiver cle for lump-sum architect-engineer con­ for such procurement from GSA and also offices and cost-type contractors shall tracts, is deleted and reserved. to delete the responsibilities of the New obtain such services in accordance with § 9—7.5007 Suggested AEC clauses. York Operations Office and assign them arrangements established by the Chicago to the Chicago Operations Office. The Operations Office. § 9—7.5007—16 [Reserved]

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 RULES AND REGULATIONS 4915

PART 9-8— TERMINATION OF 4. Paragraph (a) of § 90.4 is changed CONTRACTS by deleting the word “in” after “lead- Title 42— PUBLIC HEALTH based paint” and inserting in lieu thereof Subpart 9—8.7—Clauses Chapter I— Public Health Service, De­ “on applicable surfaces of”, and para­ graph (b) changed by deleting the word 5. Section 9-8.752 Termination article partment of Health, Education, and Welfare “the” after “prohibiting” and inserting for lump-sum architect-engineer con­ in lieu thereof “such”. tracts is deleted and reserved. SUBCHAPTER H— LEAD-BASED PAINT POISONING 5. Section 90.5 is changed by insert­ § 9-8.752 tReserved] PREVENTION ing “ (a )” Jpefore “to assist”, and by add­ PART 90— LEAD-BASED PAINT POI­ ing a new paragraph, to read as set forth PART 9-16— PROCUREMENT FORMS SONING PREVENTION IN FEDERAL below. AND FEDERALLY ASSISTED CON­ Effective date. These regulations shall Subpart 9-16.7— Forms for Negoti­ STRUCTION be effective upon publication in the F ed ­ ated Architect-Engineer Contracts eral R eg ister (3-7-72). On November 16,1971, a notice of pro­ 6. In § 9-16.701-50, Forms prescribed, posed rule making was published in the Dated: February 2,1972. revise subparagraph (4) of paragraph F e d e r a l R e g i s t e r (36 F.R. 21833) pro­ V e r n o n E. W il s o n , (b ), Statement of architect-engineer posing the addition to Title 42, Code of Administrator, Health Services services, under Title I—Preliminary Federal Regulations, of a new Subchap­ and Mental Health Adminis­ Services and subparagraph (3) under ter H, entitled “Lead-Based Paint Poi­ tration. Title II— Design Services, under para­ soning Prevention,” and a new Part 90, graph (b) Statement of architect- entitled “Lead-Based Paint Poisoning Approved: February 24,1972. engineer services, as follows: Prevention in Federal and Federally As­ E l l io t L. R ic h a r d s o n , § 9-16.701—50 Forms prescribed. sisted Construction.” Secretary. Interested persons were invited to sub­ (to) Statement of architect-engineer Sec. mit, within 30 days, written comments, services. 90.1 Scope. suggestions or objections regarding the 90.2 Definitions. T itle I—P r e l im in a r y Services proposed regulations. 90.3 Federal construction; prohibition ***** Sixteen responses were received. The against use of lead-based paint. (4) The drawings, plans, and outline substance of these comments, and the 90.4 Federally assisted construction; pro­ specifications and documents shall be pre­ Department’s response thereto, is sum­ hibition against use of lead-based pared in such form and furnished in such marized below. paint. 90.5 Reports to the Secretary. quantity as directed by the Commission. 1. Definition of “residential structure.” N o t e : Specific quantities of the drawings, A u t h o r it y : The provisions of this Part 90 plans, outline specifications, and documents The most frequently commented-upon item was the proposed definition of issued under sec. 401, 84 Stat. 2079; 42 U.S.C. should be indicated here or elsewhere in the 4831. contract. “residential structure” as set forth in ***** § 90.2(f) of the notice. Generally, it was § 90.1 Scope. contended that the definition was am­ T it le II—Design Services The regulations of this part are pro­ biguous in that (a) it defined the term * * * * * mulgated to implement section 401 of the “structure” as meaning only the “sur­ Lead-Based Paint Poisoning Prevention (3) Prepare and revise, for the approval faces” of buildings, which is inconsistent of the Commission, and furnish complete Act, which directs the Secretary of with the usage of that term in the fields sets of contract bidding documents, includ­ Health, Education, and Welfare to take of construction, engineering and archi­ ing working drawings, details and specifica­ such steps and impose such conditions tecture, and (b) it inadequately described tions for construction, in such form and as may be necessary or appropriate to quantity and including such provisions as those external surfaces upon which the prohibit the use of lead-based paint in may be required by law or the directions of use of lead-based paint is prohibited. residential structures constructed or re­ the Commission. As a result of these comments, the habilitated by the Federal Government N o t e : Specific quantities of drawings and definition of . “structure” has been or with Federal assistance in any form. specifications should be indicated here, or changed and a new term, “applicable elsewhere in the contract. The regulations are applicable to all surfaces”, has been introduced and de­ Federal agencies. * * * * * fined in the regulations. W e think these 7. In § 9-16.703-50, Terms, conditions, changes, along with certain other con­ § 90.2 Definitions. and provisions, a new paragraph (31), forming changes, resolve the issues Any term not defined herein shall have Suspension of Work, is added as follows: raised. the meaning given it by the Act. 2. Definition of lead-based paint. Sev­ (a) “Act” means the Lead-Based § 9—16.703—50 Terms, conditions, and eral responses objected to the definition Paint Poisoning Prevention Act (Public provisions. of lead-based paint set forth in § 90.2(e) ***** Law 91-695, 84 Stat. 2078). of the notice. Each proposed a reduction 31. Suspension of work (FPR 1-7.601-4). in the allowable lead content to less than (b) “Secretary” means the Secretary N o t e : The u se of this clause is optional. 1 percent. of Health, Education, and Welfare and (Sec. 161, Atomic Energy Act of 1954, as The definition of lead-based paint is any other officer or employee of the amended, 68 Stat. 948, 42 U.S.C. 2201; sec. taken directly from section 501(3) of the Department of Health, Education, and 205, of Federal Property and Administra­ Lead-Based Paint Poisoning Prevention Welfare to whom the authority involved tive Services Act of 1949, as amended, 63 Stat. may be delegated. 390, 40 U.S.C. 486) Act (84 Stat. 2080r 42 U.S.C. 4841(3)), and may be changed only by amendment (c) “Federal agency” means t h e Effective date. These amendments are of the statute. United States and all executive depart­ effective upon publication in the F ederal After consideration of all the com­ ments, independent establishments, ad­ ministrative agencies and instrumentali­ R egister (3-7-72). ments and suggestions received, Part 90 as proposed is hereby adopted, subject ties of the United States, including cor­ Dated at Germantown, Md., this 1st to the following changes: porations in which all or substantially day of March 1972. 1. Section 90.1 is changed to read as all of the stock is beneficially owned by the United States or by any of the fore­ For the U.S. Atomic Energy Com­ set forth below. going departments, establishments, agen­ mission. 2. Paragraph (f) of § 90.2 is changed and a new paragraph (g) is added to cies and instrumentalities. R obert A. K o h l e r , read as set forth below. (d) “Agency Head” means the prin­ Acting Director, 3. Section 90.3 is changed by adding cipal official of a Federal agency and Division of Contracts. “on applicable surfaces” after the word includes those persons duly authorized [FR Doc. 72-3391 Filed 3-6-72; 8:48 am ] “paint”. to act in his behalf.

FEDERAL REGISTER. VOL. 37. NO. 45— TUESDAY, MARCH 7, 1972 4916 RULES AND REGULATIONS

(e) “Lead-based paint” means any Sec. 27, lots 11, 12, 13, 14* 15, 16; paint containing more than 1 per centum Title 43— PUBLIC LANDS: Sec. 28, lots 4, 6, 7; Sec. 33, lots 1 to 10, inclusive, N W ^ S W U . lead by weight (calculated as lead metal) T. 19 N., R. 12 E., in the total nonvolatile content of liquid INTERIOR Sec. 13, SE^Sfii/4; paints or in the dried film of paint jChapter I— Bureau of Land Manage­ Sec. 21* S%NEi4, SE& ; ment, Department of the Interior Sec. 22, w y 2sw v 4 ; already applied. Sec. 24, Ei/2, SE14NW&, NE& SW U, (f) “Residential structure” means any APPENDIX— PUBLIC LAND ORDERS sy2sw y 4; house, apartment, or structure intended sec. 25, Ny2Ny2, s w & n e ^ , sy2Nwy4, Ny2 [Public Land Order 5165] SW 14, sw y 4sw y 4; ■ for human habitation including any in­ [New Mexico 9512] Sec. 26, N E 14NE 14, Sy2NEiA, NE&SW&, stitutional structure where persons re­ sy2sw y 4, s e ]4 ; side such as an orphanage, boarding NEW MEXICO sec. 27, w y 2, NWV4SE14, s y2 se v 4 ; Sec. 28, NE^4, Ny2SE%, SE%SE%; school dormitory, day care center, or ex­ Powersite Restoration No. 686; Power- Sec. 34; tended-care facility. site Cancellation No. 280; Partial Sec. 35, Ny2NEV4, S W ^ N E ^ , NW%, (g) “Applicable surfaces” means all Revocation of Waterpower Desig­ Ni/2SWi/4; Sec. 36, SE14NE14, SE^. interior surfaces and those exterior sur­ nation No. 1, New Mexico No. 1; T. 18 N., R. 13 E. (unsurveyed), faces, such as stairs, decks, porches, rail­ and Revocation of Powersite Re­ All lands of the United States which, when ings, windows, and doors, which are serve No. 574 surveyed, shall he included within legal subdivisions situated in whole or in part readily accessible to children under 7 By virtue of the authority contained in within a quarter of a mile of Pecos River years of age. section 24 of the Act of June 10, 1920, 41 or Mora Creek. Stat. 1075, as amended, 16 U.S.C. section T. 19 N., R. 13 E. (unsurveyed), § 90.3 Federal construction; prohibition All lands of the United States which, when against use of lead-based paint. 818 (1964), and pursuant to the deter­ surveyed, shall be included within legal mination of the Federal Power Commis­ subdivisions situated in whole or in part No Federal agency shall, in any resi­ sion in DA-79-New Mexico, it is ordered within a quarter of a mile of Pecos River dential structure constructed or rehabili­ as follows: or Mora Creek below the mouth of its trib­ tated by such agency, use or permit the 1. The departmental order of August 7, utary, Valdez Creek. 1916, creating Waterpower Designa­ T. 20 N., R. 13 E. (unsurveyed), use of lead-based paint on applicable A1J lands of the United States which, when surfaces. tion No. 1, New Mexico No. 1, and the surveyed, shall be included within legal Executive Order of February 1, 1917, subdivisions situated in whole or part § 90.4 Federally assisted construction; creating Powers^e Reserve No. 574, are within a quarter of a mile of Pecos River. prohibition against use o f lead-based hereby revoked so far as they affect the P ublic Do m a in and P atented L ands paint. following described lands: T. 22 S., R. 27 E„ San ta F e and Carson N a tio n al F orests (a) Each Agency Head shall issue Sec. 23, NE^4NE]4- regulations and take such other steps as NEW MEXICO PRINCIPAL MERIDIAN T. 22 S„ R. 28 E„ in his judgment are necessary to pro­ Sec. 29, S W ^ S E ^ ; T. 16 N., R. 12 E., sec. 33, sw y 4NW>/4, sw y 4. hibit the use of lead-based paint on ap­ Sec. 4, lots 3, 4, sy2NWy4, SW % ; T. 23 S., R. 28 E„ plicable surfaces of any residential struc­ Sec. 5, lots 2, 5, 6, 7, Sy2NE]4, Ey2SE}4; Sec. 3, sy2N W % , Si/2; Sec. 8, Ei/2Ey2; tures constructed or rehabilitated by Sec. 4, lots 1,2,3, 4, Sy2Ny2; Sec. 9, W y2; Sec. 5, lot 1, S%NEy4, E 14SW&, N^SE^, such agency under any federally assisted Sec. 16, lots 5 and 6; SWV4SE14; program. Sec. 17, lot 3. Sec. 9, N E 14NW 14. T. 17 N., R. 12 E., (b) Such regulations shall require the Sec. 4, lots 5, 6 and 7; The areas described aggregate approx­ inclusion of appropriate provisions in Sec. 5, lots 13 and 18; imately 15,712.95 acres in San Miguel and contracts and subcontracts pursuant to Sec. 8, lots 1 and 3; Eddy Counties, of which approximately Sec. 9, lots 3, 9, 12, 13; which such federally assisted construc­ Sec. 16, lots 3, 4, 5; 14,352 acres are located within the Santa tion or rehabilitation is performed, pro­ Sec. 17, lots 1, 4, 5, 6, 7, 10, 11, 12; Fe and Carson National Forests. hibiting such use of lead-based paint, Sec. 20, lots 1, 2, 3, 4; The State of New Mexico failed to Sec. 29, lots 1 and 2; exercise its preference right of applica­ and shall include provisions for enforce­ Sec. 32, lots 1 to 11, Inclusive; tion for highway rights-of-way or ma­ ment of that prohibition. Sec. 33, lots 5, 6, 7, 8. terial sites as provided by section 24 of T. 18 N., R. 12 E., § 90.5 Reports to the Secretary. Sec. 1, lots 7 and 8; the Federal Power Act of June 10, 1920, supra, whfen notified of the proposed (a) To assist the Secretary in fulfill­ Sec. 2, lot 5; Sec. 10, lots 3, 4, SW&NEi/i, Sy2NW ]4, restoration Sf the lands from powersite ing his responsibilities under the Act, SE14; withdrawals. each Federal agency shall furnish to the Sec. 11, lot 3; 2. The lands described as the Si4NEi4, Secretary, not later than 3 months after Sec. 12, Ei/2, Ey2w y 2, SWV4SIW14; Ey2sw y 4, Ny2SEy4, and s w y 4sEy4, Sec. 13, Ni/2NE%, SW^NE%, NW>/4, the effective date of these regulations, a N y2 SW i4, NWV4SE14; sec. 5, T. 23 S., R. 28 E., are patented report of the steps it has taken to comply Sec. 14, lot, 2, N E & , Ey2SW%, SW^SIW^, lands. The remainder, which are unap­ propriated public domain lands outside with this Part 90. Ny2SEi/4, SW1/4SE14; Sec. 15, lots 1, 3, 4, 5, 6, Ny2NEy4, SE%NE%, of the national forests, shall at 10 a.m. (b) Each Federal agency shall submit ei/2sw %, e y2n e 14ne%se 14, Ey2wy2 on April 5, 1972, be open to operation of such additional reports on its activities NE&NE14SE14, Wy2Ey2NW%NE^SE%, the public land laws generally, subject to Wy2NW%NE%SE%, Sy2NE^SEV4; valid existing rights, the provisions of in the implementation of this part as Sec. 21, lot 1; existing withdrawals, and the require­ may be deemed necessary by the Sec. 22, lots 3 to 12, inclusive, E % NW ]4, ments of applicable law. All valid appli­ Secretary. SE%SE%; Sec. 23, lot 1, NE]4NW]4> S W % N W & , cations received at or prior to 10 a.m. [FR Doc.72-3439 Filed 3-6-72;8:51 am] NW%SW%; on April 5, 1972, shall be considered as

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 RULES AND REGULATIONS 4917 simultaneously filed at that time. Those Wirtz, trustees, is unable to operate over (c) Rates applicable. Inasmuch as received thereafter shall be considered its line between Plymouth, Ind., and this operation by the Norfolk and West­ in the order of filing. South Bend, Ind.; that shippers located ern Railway Co. over tracks of the Penn 3. The public lands within the Santaon this line at Lakeville, Ind., are hereby Central Transportation Co., George P. Baker, Richard C. Bond, Jervis Langdon, Pe and Carson National Forests shall at deprived of railroad service; that all Jr., and Willard Wirtz, trustees, is 10 a.m. on April 5, 1972, be open to such other shippers served by this line being deemed to be due to carrier’s disability, forms of disposition as may by law be located within the station limits of South the rates applicable to traffic moved by made of national forest lands. Bend, Ind., or of Plymouth, Ind., con­ tinue to receive railroad service pro­ the Norfolk and Western Railway Co, All of the above-identified public do­ vided by other lines of the Penn Central over these tracks of the Penn Central main and national forest lands have Transportation Co., George P. Baker, Transportation Co., George P. Baker, been and continue to be open to appli­ Richard C. Bond, Jervis Langdon, Jr., Richard C. Bond, Jervis Langdon, Jr.,' cations and offers under the mineral and Willard Wirtz, trustees; that the and Willard Wirtz, trustees, shall be the leasing laws, and to location and entry Norfolk and Western Railway Co. has rates which were applicable on the ship­ under the U.S. mining laws. agreed to serve shippers located at Lake­ ments at the time of shipment as origi­ Inquiries concerning the lands should ville, Ind., on the tracks of the Penn nally routed. be addressed to Chief, Division of Tech­ Central Transportation Co., George (d) Effective date. This order shall nical Services, Bureau of Land Manage­ P. Baker, Richard C. Bond, Jervis Lang­ become effective at 11:59 p.m., March 3, ment, Post Office Box 1449, Santa Fe, don, Jr., and Willard Wirtz, trustees; 1972. NM 87501. that the Commission is of the opinion (e) Expiration date. The provisions H a r r iso n L o e s c h , that operation by the Norfolk and West­ of this order shall expire at 11:59 p.rru. Assistant Secretary of the Interior. ern Railway Co. at Lakeville, ind., over June 30, 1972, unless otherwise modified, approximately 4,946 feet of trackage of F e b r u a r y 28, 1972. changed, or suspended by order of this the Penn Central Transportation Co., Commission. [FR Doc.72-3369 Filed 3-6-72;8:46 am] George P. Baker, Richard C. Bond, Jer­ (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, vis Langdon, Jr., and Willard Wirtz, 384, as amended; 49 U.S.C. 1, 12, 15, and trustees, is necessary in the interest of 17(2). Interprets or applies secs. 1(10-17), the public and the commerce of the 15(4), and 17(2), 40 Stat. 101, as amended, Title 49— TRANSPORTATION people; that notice and public proce­ 54 Stat. 911; 49 tJ.S.C. 1(10-17), 15(4), and Chapter X— Interstate Commerce dure herein are impractical and contrary 17(2)) Commission to the public interest; and that good It is further ordered, That copies of cause exists for making this order ef­ this order shall be served upon the As­ SUBCHAPTER A— GENERAL RULES AND fective upon less than 30 days’ notice. REGULATIONS It is ordered, That: sociation of American Railroads, Car Service Division, as agent of the rail­ [S.O. 1091] § 1033.1091 Service Order No. 109L roads subscribing to the car service and PART 1033— CAR SERVICE (a ) Norfolk and Western Railway Co. car hire agreement under the terms of authorized to operate over tracks of the that agreement, and upon the American Norfolk and Western Railway Co. Au­ Penn Central Transportation Co., George thorized To Operate Over Tracks of P. Baker, Richard C. Bond, Jervis Lang­ Short“ Line Railroad Association; and Penn Central Transportation Co., don, Jr., and Willard Wirtz, trustees. The that notice of this order shall be given George P. Baker, Richard C. Bond, Norfolk and Western Railway Co. be, to the general public by depositing a Jervis ~ Langdon, Jr., and Willard and it is hereby authorized to operate copy in the Office of the Secretary of Wirtz, Trustees over tracks of the Penn Central Trans­ the Commission at Washington, D.C., portation Co., George P. Baker, Richard At a session of the Interstate Com­ C. Bond, Jervis Langdon, Jr., and W il­ and by filing it with the Director, Office merce Commission, Railroad Service lard Wirtz, trustees, between Penn Cen­ of the Federal Register. Board, held in Washington, D.C., on the tral milepost 171.22 and Penn Central By the Commission, Railroad Service 1st day of March 1972. milepost 172.13 at Lakeville, Ind., a dis­ Board. It appearing, that because of bridge tance of approximately 4,946 feet. damage the Penn Central Transporta­ (b) Application. The provisions of [ s e a l ] R obert L. O s w a l d , tion Co., George P. Baker, Richard C. this order shall apply to intrastate, in­ Secretary. Bond, Jervis Langdon, Jr., and Willard terstate, and foreign traffic. [FR Doc.72-3438 Filed 3-6-72;8:51 am]

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 No. 45— Pt. I -----4 4918 Proposed Rule Making

ing to the need, if any, of revising the variety of warmblooded animals cov­ DEPARTMENT OF AGRICULTURE standards ‘to include mandatory exer­ ered by the Act. Although information is cise requirements for animals. Such data, being accumulated on minimum space Animal and Plant Health Service views, arguments, or information may requirements for a number of animals, [ 9 CFR Part 3 ] contain published scientific articles or the Department needs to canvas the re­ other evidence supporting the views of sources of the public to obtain all data ANIMAL WELFARE the writer. and information available on such min­ Proposed Mandatory Exercise ' Any person who wishes to submit writ­ imum space requirements. ten data, views, arguments, or informa­ This notice is for the purpose of re­ Requirements tion concerning this notice may do so questing data, views, arguments, and Notice is hereby given in accordance by filing them with the Deputy Adminis­ any other information from the public with the administrative procedure provi­ trator, Animal and Plant Health Service, relating to standards covering the min­ sions in 5 U.S.C. 553, that pursuant to the U.S. Department of Agriculture, Federal imum space requirements for all warm­ provisions of the Act of August 24, 1966 Center Building, Hyattsville, Md. 20782, blooded animals other than dogs, cats, (Public Law 89-544), as amended by the within 60 days after publication of this rabbits, guinea pigs, hamsters, and Animal Welfare Act of 1970 (Public Law notice in the F ederal R eg ist e r . nonhuman primates. W e would hope to 91-579) (7 0.S.C. 2131 et seq.), the Ani­ All written submissions made pursuant receive comments regarding space re­ mal and Plant Health Service is consid­ to this notice will be made available for quirements for animals being trans­ ering revising the standards in Subparts public inspection at times and places and ported, being held for permanent exhi­ A, B, C, D, and E of Part 3, Subchapter A, in a manner convenient to the public bition, or being used for circus or animal Chapter I, Title 9, Code of Federal Regu­ business (7 CFR 1.27(b)). act exhibition. Such data, views, argu­ lations, with respect to mandatory exer­ ments, or information may contain Done at Washington, D.C., this 29th cise requirements for animals,, especially published scientific articles or other evi­ day of February 1972. dogs and cats. dence or material supporting the views The statement of considerations which F. J. M ttlhern, of the writer. The written comments was included with the miscellaneous Administrator. may be for one species of animal, classes amendments to the regulations and [PR Doc.72-3405 Filed 3-6-72;8:48 am] of animals, groupings of animals, or in standards under the Act, as published in whatever manner the writer feels stand­ the F ederal R eg ister on December 24, ards should be published. 1971, discussed the present status of man­ [ 9 CFR Part 3 1 Any person who wishes to submit writ­ datory exercise requirements for animals. ten data, views, arguments, or informa­ Although such requirements were not ANIMAL WELFARE tion concerning this notice may do so by mentioned in the proposal (36 F.R. Proposed Space Requirements filing them with the Deputy Adminis­ 20473-20480) published prior to the trator, Animal and Plant Health Serv­ amendments of December 24, 1971, a Notice is hereby given in accordance ice, U.S. Department of Agriculture, number of comments were received indi­ with the administrative procedure pro­ Federal Center Building, Hyattsville, Md. cating that dogs held and used for re­ visions in 5 TJ.S.C. 553, that pursuant to 20782, within 60 days after publication search should be removed from cages and the provisions of the Act of August 24, of this notice in the F ederal R egister. placed in runs or rooms for exercise each 1966 (Public Law 89-544), as amended All written submissions made pursuant day. In the more than 4 years since the by the Animal Welfare Act of 1970 (Pub­ to this notice will be made available for promulgation of the initial regulations lic Law 91-579) (7 U.S.C. 2131 et seq.), public inspection at times and places and standards under Public Law 89-544, the Animal and Plant Health Service is and in a manner convenient to the pub­ there has been no definitive research to considering revising the standards in lic business (7 CFR 1.27(b)). indicate that exercise for animals should Subpart E of Part 3, Subchapter A, Done at Washington, D.C., this 29th be a mandatory requirement. Several pre­ Chapter I, Title 9, Code of Federal Regu­ day of February 1972. liminary studies have been conducted to lations, with respect to space require­ determine possible parameters for such ments for animals other than dogs, cats, F. J. M u l h e r n , scientific studies. The Department recog­ rabbits, guinea pigs, hamsters, and non­ . Administrator. nized that under the Animal Welfare Act human primates. [FR Doc.72-3404 Piled 3-6-72; 8:48 am] it was responsible for developing mini­ The statement of considerations mum standards for the humane care and which was included with the miscella­ handling of animals, as charged by Con­ neous amendments to the regulations and gress, but on the basis of facts available standards under the Act, as published DEPARTMENT OF HEALTH, at that time, it did not feel that exercise in the F ederal R eg ister on December 24, outside a cage should be included as a 1971, discussed the Department’s reasons EDUCATION, AND WELFARE mandatory requirement. for not including more specific space The department did declare its intent requirements for animals covered by the Food and Drug Administration to revise the standards and request data, standards. The Department recognizes views, and arguments from the public that the problem is compounded in mag­ [ 21 CFR Part 3 1 * as to what standards, if any, should be nitude by the differences in sizes, activity NITROGLYCERIN PREPARATIONS issued with respect to the exercise re­ patterns, social patterns and environ­ quirements for animals. The Department mental needs of animals. The Depart­ Packaging Requirements and Warn* will consult with persons with expertise ment utilized the expertise and knowl­ ings Directed to Pharmacist and relevant to any analysis and evaluation edge of an expert committee comprised of the written data, views, and arguments Patient; Proposed Statement of of nationally known zoo directors, zoo as submitted and all other available Policy curators, and zoo veterinarians in de­ knowledge and material to determine the veloping the standards set forth in Sub­ Information including laboratory data relationship of exercise to the health and part E. It was the consensus of the com­ available to the Food and Drug Adm inis­ and well-being of an animal. mittee that definitive information was tration, indicates that improper packag­ This notice is for the purpose of re­ questing data, views, arguments, and any not available on the minimum space ing of nitroglycerin preparations, either other information from the public relat­ required for the large number and before or after dispensing to the patient,

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 PROPOSED RULE MAKING 4919 will likely result in a substantial loss of low appreciable evaporation of nitroglyc­ (preferably in quintuplicate) regarding nitroglycerin because of the volatility of erin from nitroglycerin tablets. this proposal. Comments may be accom­ the nitroglycerin component. This infor­ (b) The Commissioner views these panied by a memorandum or brief in sup­ mation raises serious questions concern­ findings as raising serious questions con­ port thereof. Received comments may be ing the packaging' practices for nitro­ cerning the packaging practices for ni­ seen in the above office during working glycerin preparations and their relation­ troglycerin preparations and their rela­ hours, Monday through Friday. ship to the potency characteristics of the tionship to the potency characteristics of Datfed: February 25, 1972. drug at the time of dispensing and use the drug at the time of dispensing and by the patient. use by the patient. Stability studies with S am D. F in e , The United States Pharmacopeia has containers other than glass are needed Associate Commissioner notified the Food and Drug Administra­ before reasonable assurance can be made for Compliance. tion that it proposes to modify the pack­ that packaging and storage in these con­ [FR Doc.72-3398 Filed 3-6-72;8:48 am] aging and labeling requirements for tainers does not contribute to the loss of nitroglycerin tablets in a forthcoming nitroglycerin in any dosage form. Interim Revision Announcement. Briefly, (c) The following packaging and the Pharmacopeia proposes requiring labeling is required for preparations con­ DEPARTMENT OF that this preparation be packaged in taining nitroglycerin: tight containers, preferably of glass, (1) Preparations containing nitrogly­ TRANSPORTATION holding not more than 100 tablets; that cerin shall be packaged in glass contain­ the labeling indicate that the tablets are ers with tightly fitting metal screw caps Federal Aviation Administration to be dispensed in the original, unopened or in other containers approved by the container; and that the label of all con­ Food and Drug Administration. No more [1 4 CFR Part 39 1 tainers, including those on the container than 100 dosage units shall be packaged [Airworthiness Docket No. 72-WE-4-AD] dispensed to the patient, bear a state­ in any such container. ment directing the user to keep the tab­ ( 2 ) In addition to other required label­ BOEING 707 AND 720 SERIES lets in the original container and to close ing information, the following warnings AIRPLANES shall be displayed on the container in a tightly between uses. Proposed Airworthiness Directive The Food and Drug Administration prominent and conspicuous manner: and The United States Pharmacopeia (1) “Warning. This drug should be The Federal Aviation Administration recognize the need for immediate col­ stored in a cool place and dispensed only is considering amending Part 39 of the lateral action to insure potency of all in the original, unopened container.” Federal Aviation Regulations by adding nitroglycerin preparations at the time of (ii) “ Warning. To prevent loss of po­ an airworthiness directive applicable to use by the patient. tency, keep these tablets in the original Boeing 707 and 720 series airplanes. container. Close tightly immediately There have been failures of the spring Accordingly, pursuant to provisions of after use.” the Federal Food, Drug, and Cosmetic pins, which connect the emergency es­ (d) Thè holder of an approved new- Act (secs. 501, 502, 505, 701, 52 Stat. cape slide girt attachment ring to the drug application for a nitroglycerin prep­ 1049-53 as amended, 1055-56 as amended floor fitting base on the Boeing Model aration should either submit a supple­ by 70 Stat. 919 and 72 Stat. 948; 21 U.S.C. 707 and 720 series airplanes. This failure ment to his new-drug application under 351, 352, 355, 371) and under authority could result in loss of escape slide reten­ the provisions of § 130.9(d) of this chap­ delegated to the Commissioner of Food tion during deployment. Since this condi­ ter to provide for the use of glass con­ and Drugs (21 CFR 2.120), it is proposed tion is likely to exist or develop in other tainers and labeling as described in this that the following new section be added airplanes of the same type design, the section or submit data or reference to to Part 3: proposed airworthiness directive would data adequate to show that such changes require replacement of the existing spring § 3.------Nitroglycerin for human use; are not necessary. pin with a more corrosion-resistant packaging and warnings. (e) For containers other than glass, spring pin. (a) Nitroglycerin preparations have approval must be obtained from the Food Interested persons are invited to par­ long been used used under medical super­ and Drug Administration on the basis ticipate in the making of the proposed vision for the management of angina of data submitted by interested persons rule by submitting such written data, pectoris. The volatility of nitroglycerin establishing its suitability for packaging views, or arguments as they may desire. has been recognized for many years, and of nitroglycerin. Upon review and ap­ Communications should identify the consequently packaging requirements proval of alternate packaging this section docket number and be submitted in for preparations containing this drug will be amended to provide for such duplicate to the Regional Counsel, FAA provide for storage in tight containers. packaging.. Western Region, Attention: Airworthi­ When glass containers were used almost (f) (1) Any nitroglycerin drug prep­ ness Rules Docket, Post Office Box 92007, exclusively this limited packaging re­ aration which is shipped within the juris­ Worldway Postal Center, Los Angeles, quirement was probably adequate, even diction of the act and which is contrary CA 90009. All communications received though no provisions were made to in­ to the provisions of this section after on or before April 10, 1972, will be con­ form the user that his filled prescrip­ 30 days from the date of its publication sidered by the Administrator before tak­ tion should be kept in a tight con­ in the F ederal R eg ister may be made ing action upon the proposed rule. The the subject of regulatory proceedings. tainer. The recent trend toward pack­ proposals contained in the notice may (2) Any nitroglycerin drug prepara­ aging containers made of materials be changed in light of comments received. other than glass presents new prob­ tion which is dispensed within the juris­ All comments will be available, both be­ lems because- of the different prop­ diction of the act and which is contrary erties of such materials. Recent informa­ to the provisions of this section after 60 fore and after the closing date of com­ tion, including laboratory data, available days from the date of its publication in ments, in the Rules Docket for examina­ to the Food and Drug Administration the F ederal R egister may be made the tion by interested persons. indicates that improper packaging of the subject of regulatory proceedings. This amendment is proposed under the drug either before or after dispensing to Interested persons may, within 60 days authority of sections 313(a), 601, and 603 the patient will likely result in a substan­ after publication hereof in the F ederal of the Federal Aviation Act of 1958 (49 tial loss of nitroglycerin. The Food and R e g ister , file with the Hearing Cerk, Drug Administration’s studies indicate Department of Health, Education, and U.S.C. 1354(a), 1421, 1423) and section that commonly used plastic containers Welfare, Room 6-88, 5600 Fishers Lane, 6(c) of the Department of Transporta­ and certain kinds of strip packaging al- Rockville, Md. 20852, written comments tion Act (49 U.S.C. 1655(c)).

1FEDERAL REGISTER, VOL 37, NO. 45— TUESDAY, MARCH 7, 1972 4920 PROPOSED RULE MAKING

In. consideration of the foregoing, it is accomplished, replace the two spring pins in proposed to amend § 39.13 of Part 39 of the floor attach fitting with new spring pins the Federal Aviation Regulations by add­ in accordance with Boeing Service Bulletin ing the following new airworthiness No. 3078, dated January 10, 1972, or later directive: PAA-approved revision, or an equivalent B oeing. Applies to 707 and 720 Series Air­ modification approved by the Chief, Aircraft planes utilizing single attachment point Engineering Division, PAA Western Region. escape slides listed in Boeing Service Bulletin 3078, dated January 10, 1972, or Issued in Los Angeles, Calif., on Feb­ later FAA-approved revision. ruary 25,1972.

To preclude loss of escape slide retention R o bert O . B lan c h a r d , at the forward and aft passenger doors ac­ Acting Director, complished the following: FAA Western Region. Within the next 500 hours in service after the effective date of the AD, unless previously [P R Doc.72-3379 Filed 3-6-72; 8:46 am ]

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 4921 ] Notices

Alexander, Earl Green, 15805 11-Mile Road, Keeney, Charles Ross, Route 1, Union Bridge, Apartment 3, Roseville, MI, convicted on Md., convicted on October 3, 1961, in the DEPARTMENT OF THE TREASURY May 9, 1960, In the Superior Court, County Frederick County Circuit Court, Maryland. Internal Revenue Service of Yakima, State of Washington. Kegler, Solomon, 1305-B 22d Avenue North, Blssonette, Merton, 810 Blssonette Road, Birmingham, AL, convicted on Novem­ [Price Commission. Ruling 1972-87] Oscoda, MI, convicted on June 2, 1948, ber 18, 1960, in the Tenth Judicial Circuit AMBULANCE SERVICE by the Circuit Court of Iosco County, Court in Birmingham, Ala. Mich. Knutson, Barbara Ann, 240 Mount Washing­ Price Commission Ruling Bryant, Franklin, 333 Centennial Street, ton Avenue, Eau Claire, W I, convicted on Dallas, TX, convicted on February 17, October 14, 1969, by the U.S. District Facts. Ambulance Service is in the 1955, in the District Court of Dallas Corut in and for the Western Judicial business of providing emergency trans­ County, Tex. District, Madison, Wis. portation and emergency first aid for Canida, William Ray, Post Office Box 253, Laney, Eugene McNeil, 3102 Buddy Lawrence injured or seriously ill individuals. Bay City, OR, convicted on October 10, Street, Corpus Christ!,' TX, convicted on 1962, in the Circuit Court of Yamhill May 17, 1940, by the U.S. District Court, Issue. Is Ambulance Service a nonin- Comity, State of Oregon; and on Novem­ in and for the Southern District of Texas, stitutional provider of health services? ber 2, 1959, in the Circuit Court of Tilla­ Brownsville Division. Ruling. No. Economic Stabilization mook County, State of Oregon. Litzell, Darwin Chelsey, Box 175, Woodville, Regulations, 6 CFR Part 300 Appendix I Carter, Allan Bruce, 1058 West Fourth Ave­ WI, convicted on August 10, 1969, in the nue, Eugene, OR, convicted on September St. Croix County Court, Hudson, Wis. section (b) (35), 36 F.R. 25384 (Decem­ 26, 1962, and on May 14, 1962, in the Cir­ ber 30, 1971) defines noninstitutional Lorenz, Frank John, 16156 Blair Street, West cuit Court of the State of Oregon for Lane Olive, MI, convicted on September 30, 1960, provider of health services as “any other County. on January 5, 1961, and on June 11, 1962, institution (which is not listed) that pro­ Cosner, William Harrison, 13417 Lakeshore in the Ottawa County Circuit Court, Mich­ vides health services.” While Ambulance Drive, Fenton, MI, convicted on March 23, igan. Service does in fact provide health serv­ 1955, in the Recorder’s Court of the city Lutz, Jim Clarence, 733 y2 Sterling Road, ices, this service is incidental to its pri­ of Detroit, Mich. Bakersfield, CA, convicted on June 6, 1962, mary service, emergency transportation. Craft, Donald Ray, 1314 Penmar Avenue, SE., by the Superior Court in and for Kern Since ambulance services do not provide Roanoke, VA, convicted on October 18,1962, County, Calif. on March 20, 1963, and on April 9, 1963, by health services as their primary function, McCook, W illiam D., Route 1, Sanderson, Fla., the Hustings Court in and for the city of convicted on July 7, 1938, and on April 14, they may not be considered noninstitu­ Roanoke, Va. 1941, in the U.S. District Court, Southern tional providers of health services and DePaul, Louis, Jr., 3602 Edgegreen Avenue, Judicial District of Florida, Jacksonville do not qualify for treatment under Eco­ Baltimore, MD, convicted on March 20, Division; and on October 2, 1939, on Sep­ nomic Stabilization Regulations, 6 CFR 1942, in the U.S. District Court for New tember 21, 1942, and on September 20, 300.19,36 F.R. 25384 (December 30,1971). Jersey. 1949, in the U.S. District Court, Middle This ruling has been approved by the Deschenes, Arthur J., 131 West Kingsbridge District of Georgia. General Counsel of the Price Commission. Road Bronx, NY, convicted on Decem­ Madera, Frank, 147-72 Huxley Street, Rose- ber 17, 1946, by the Supreme Court in and dale, NY, convicted on February 21, 1940, Dated: February 29, 1972. for Bronx County, N.Y. in the Kings Comity Criminal Court, Kings Dodson, Jack M., Rural Delivery 1, Everett, County, N.Y. L ee H. H e n k e l , Jr., Pa., convicted on September 9, 1970, in the Malava, Hawaii Uota, 54-127 Homestead Acting Chief Counsel, U.S. District Court for the Western District Road, Hauula, Oahu, HI, convicted on July Internal Revenue Service. of Pennsylvania, Pittsburgh, Pa. 27, 1951, in the First Circuit Court, Terri­ Glover, William O., 4135 Southeast 64th Ave­ tory of Hawaii. Approved: February 29,1972. nue, Portland, OR, convicted on May 2, Medina, Teofllo Vargas, Sr., 1243 East 14th S a m u e l R. P ie r c e , Jr., 1949, in the Boone County Circuit Court, Street, Santa Ana, CA, convicted on General Counsel, Lebanon, Ind. March 29, 1945, in the U.S. District Court, Department of the Treasury. Grassier, David Eugene, 109 East Canal Street, Northern Division, Ogden, Utah. Apartment 3, Navarre, OH, convicted on Patterson, Daniel R., 1411 South Seventh [PR Doc.72-3410 Piled 3-6-72;8:46 am] December 1, 1966, in the U.S. District Avenue, Yakima, WA, convicted on May 23, Court for the Southern District of Indiana; 1968, in the Superior Court of the State and on March 28, 1967, in the U.S. District of Washington for Yakima County. NOTICE OF GRANTING OF RELIEF Court for the Western District of Ken­ Pfantz, Jim L., Box 271, Campbellsport, WI, tucky. convicted on February 26, 1970, in Fond Notice is hereby given that pursuant Green, Michael Roy, 2111 McKinley Street, du Lac County Court, Fond du Lac, Wis.; to 18 U.S.C. 925(c) the following named Sioux City, IA, convicted on February 27, and on July 2, 1968, in Juvenile Court, persons have been granted relief from 1970, in the Woodbury County, Iowa, Dis­ Lincoln County, Wis. disabilities imposed by Federal laws trict Court. Poole, Arthur, 826 East 167th Street, Bronx, with respect to the acquisition, transfer, Harris, Curtis Lee, 4171 Chene Street, De­ NY, convicted on October 30, 1940, in the troit, MI, convicted on October 20, i960, Manhattan Criminal Court, New York. receipt, shipment, or possession of fire­ in the Recorder’s Court for the city of De­ Powell, Mark Lawrence, 1127 W alnut Street, arms incurred by reason of their con­ troit, Mich. No. B, Lebanon, PA, convicted on Septem­ victions of crimes punishable by impris­ Hesse, Roland Andrew, 2657 Cleveland Ave­ ber 16, 1969, by general court martial, Headquarters, U.S. Army Theater Support onment for a term exceeding 1 year. nue, New Orleans, LA, convicted on April 2, 1970, in the U.S. District Court, Eastern Command, Europe. It has been established to my satis­ Judicial District of Pennsylvania, Phila­ Primiano, Nicholas Francis, 40 Barbara faction that the circumstances regard­ delphia, Pa. Street, Staten Island, NY, convicted on February 9, 1961, by the Supreme Court Isenberg, Roger Dale, 3027 Pascal Street, ing the convictions and each applicant’s of Kings County, N.Y. Roseville, MN, convicted on May 12, 1969, record and reputation are such that the Roan, Allan Donald, 16626 Southeast, 34th in the Ramsey County District Court, St. Street, Bellevue, WA, convicted on April 3, applicant will not be likely to act in Paul, Minn. 1959, in the Superior Court for King a manner dangerous to public safety, Jisonna, John Howard, 150 Asylum Street, County, Wash. and that the granting of the relief will Bridgeport, CT, convicted on October 29, Smith, John William, 1115 Moseley Drive, 1965, in the Second Circuit Court, Bridge­ not be contrary to the public safety. Lynchburg, VA, convicted on September port, Conn.; and on May 18, 1965, in the 10, 1963, in the Circuit Court for Bucking­ Adsit, Robert Lee, 662 Albona Place, Po­ Circuit Court of Fairfield, Conn. ham County, Va. mona, CA, convicted on June 28, 1949, Kasper, George A., Post Office Box 104, Star Stone, Hugh Dillard, R.F.D. 1, Box 68A, Al­ in the U.S. District Court for the District Route 3, Hibbing, MN, convicted on June 1, berta, Va., convicted on November 16, 1964, of Colorado; and on June 19, 1955, in the 1970 in the Ninth Judicial .District Court, in the U.S. District Court for the Eastern Compton, Calif., Municipal Court. County of Itasca, State of Minnesota. District of Virginia.

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 4922 NOTICES

Stoolfire, Robert Wallace, 389 Northwest Ce­ of July 29, 1968, issued pursuant to sec­ 2. As amended, Part 2— Authority to dar Street, Post Office Box 595, Pilot Rock, tion 5 of the United Nations Participa­ superintendents functions relating to OR, convicted on July 14, 1961, in the Cir­ tion Act of 1945 and all other authority specific programs reads as follows: cuit Court of the State of Oregon for Lane residing in the President. County. P art 2— A u t h o r ity to Superintendents Taylor, Thomas Cluff, 135 East Gordon Lane, (3) The Director of Foreign Assets F u n c tio n s R elating to S pecific P ro­ Salt Lake City, UT, convicted on May 17, Control shall be assisted in the exercise grams 1967, in the U.S. District Court for the and performance of such authority, 4c 4c 4« 4c 4c District of Utah, Central Division. duties, and functions by such assistants Tharp, Lee Frederick, Box 236, Rising Sun, and other staff as may be appointed or LANDS AND MINERALS MD, convicted on July 14, 1961, in the Peo­ detailed for the purpose. 4c 4c * 4c 4¡ ples Court, Bel Air, Md. Tuggle, Milton Jefferson, 18272 Manor, De­ (4) This order shall take effect S ec. 2.14 Revocation of Departmental troit, MI, convicted on May 5, 1949, in the immediately. reserves. The authority of the Area Di­ Municipal Court of Milwaukee County, rector to revoke Departmental reserves Dated: March 1,1972. State of Wisconsin. of Indian lands of agency, school or other Vierra, James Ortiz, 1704-C Laumaile Street, [ s e a l ] J o h n B. C o n n a l l y , administrative purposes under the juris­ Honolulu, HI, convicted on February 17, Secretary of the Treasury. diction of the Bureau of Indian Affairs, 1950, in the Circuit Court for the First Circuit, Territory of Hawaii. [FR Doc.72-3426 Filed 3-6-72;8:51 am] when the Superintendent determines Walls, Garry Robert, 9234 20th Street SE„ such lands are no longer needéd for the Everett, WA, convicted on November 12, purposes for which they were set aside, 1964, in the Superior Court of the State and the restoration of jurisdiction over of Washington in and for the County of DEPARTMENT OF THE INTERIOR the lands to the tribe: Provided, That be­ Snohomish. fore such action is taken the Area Title Williams, Charles Rea, 707 East Marshall, Bureau of Indian Affairs Plant and/or the Field Solicitor has ex­ Carrollton, MO, convicted on October 13, 1966, in the Circuit Court of Carroll Coun­ [Phoenix Area Office Redelegation Order 3, amined title. ty, Mo. Arndt. 3 ] S e c . 2.15 Mineral leasing— coal, sand, Wilson, Franklin Taylor, Box 669, Ralls, TX, SUPERINTENDENTS ET AL. gravel, pumice and building stone. The convicted on March 24, 1931, in the U.S. authority of the Area Director relating District Court, Northern District of Texas, Delegation of Realty Authority to the leasing or permitting of tribal or Wichita Falls Division. individually owned Indian lands for the Zak, Jake Jacob, 26020 Radcliff Place, Oak F e b r u a r y 16,1972. Park, MI, convicted on January 8, 1946, in following minerals: Ooal, sand, gravel, the Recorder’s Court for the City of De­ This notice is published in exercise of pumice, and building stone. This author­ troit, Mich. authority delegated by the Secretary of ity does not apply to lands purchased or the Interior to the Commissioner of In­ reserved for agency, school, or other ad­ Signed at Washington, D.C., this 24th dian Affairs by 230 DM 2 (32 F.R. ministrative purposes. Also, this author­ day of February 1972. 13938). ity does not apply in the case of leases or [ s e a l ] R ex D . D a v is , This delegation is issued under the permits of such lands for coal to matters Director, Alcohol, Tobacco and authority delegated to the Commissioner involving (1) the payment of overriding Firearms Division. of Indian Affairs from the Secretary of royalty and (2) assignments of sepa­ [FR Doc.72-3416 Filed 3-6-72;8:49 am ] the Interior in section 25 of Secretarial rate horizons or strata of the subsurface. Order 2508 (io BIAM 2.1) and redele­ S e c . 2.16 Mineral leasing— all other gated by the Commissioner to the Area minerals except oil and gas. To the Su­ Office of the Secretary Directors in 10 BIAM 3. perintendents of the Colorado River, [Treasury Department Order No. 128 The Phoenix Area Office Redelegation Nevada, Salt River, Papago, Pima, and (Rev. 4) ] Order 3 published on page 11108 in the Uintah, and Ouray Agencies, only, the July 1, 1969 issue of the F ederal R eg ­ authority of the Area Director relating OFFICE OF FOREIGN ASSETS ist e r (34 F.R. 11108), as amended, is to the leasing or permitting of tribal or CONTROL further amended by revoking, revising, individually owned Indian lands for all adding, and renumbering sections under other minerals except oil and gas. This Authority and Functions the heading “Lands and Minerals” in authority does not apply to: Treasury Department Order No. 128 Part 2— Authority to Superintendents (1) Lands purchased or reserved for (Revision 3) is amended to read as Functions Relating to Specific Programs. agency, school, or other administrative follows: 1. As amended, the table of sections purposes; and, By virtue of the authority vested in for Part 2— Authority to superintendents (2) Modification of any forms ap­ me as Secretary of the Treasury I hereby functions relating to specific programs proved by the Commissioner. order that: reads as follows: * * * * * (1) There is established in the Treas­ P art 2— A u t h o r it y to S uperintendents ury Department the Office of Foreign As­ S e c . 2.19 Surface leases, terms to 65 sets Control, successor to Foreign Funds F u n c t io n s R e la t in g to S p e c if ic years. To the Superintendents of the Control. The Office shall function under P rograms Colorado River, Nevada, Salt River, Pap­ the immediate supervision of a Director 4c 4* * * * ago, Pima, and Uintah, and Ouray Agen­ of Foreign Assets Control, who shall be LANDS AND MINERALS cies, only, the authority of the Area designated, with my approval, by the Sec. Director relating to surface leases for Special Assistant to the Secretary (N a­ 2.11 Rights-of-way. terms up to sixty-five (65) years pursu­ 2.12 Tax exemption certificates. ant to 25 CFR 131. tional Security Affairs). The Director 2.13 Adoption or application of State or 4t * * 4s * shall report to-the Special Assistant to local laws. the Secretary (National Security Affairs). 2.14 Revocation of Departmental reserves. S ec. 2.22 Land acquisitions, partitions, (2) The Director of Foreign Assets 2.15 Mineral leasing— coal, sand, gravel, exchanges, and sales. To the Superin­ Control shall exercise and perform all pumice, and building stone. tendents of the Colorado River, Nevada, authority, duties, and functions which 2.16 Mineral leasing—all other minerals ex­ Salt River, Papago, Pima, and Uintah, I am authorized or required to exercise cept oil and gas. and Ouray Agencies, only, the authority or perform under— 2.17 Oil and gas leasing, Uintah and Ouray. 2.18 Surface leases, terms to 10 years. of the Area Director concerning acquisi­ (a) Sections 3 and 5(b) of the Trad­ 2.19 Surface leases, terms to 65 years. tions, partitions, exchanges, and sales ing with the Enemy Act, as amended, and 2.20 Homesite leases, tribal lands. except sales to non-Indians; subject to any proclamations, orders, regulations, or 2.21 Residential leases, Fort Apache. the condition that when fee lands are rulings that have been or may be issued 2.22 Land acquisitions, partitions, ex­ being acquired, the case will be referred thereunder, and changes, and sales. to the Field Solicitor’s Office for title (b) Executive Order 11322 of Janu­ 2.23 Sales of improvements on tribal lands. ary 5, 1967, and Executive Order 11419 ***** examination/

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 NOTICES 4923

S ec. 2.23 Sales of improvements on Smyrna vicinity, Duck Creek Village, Dela­ Baltimore County ware 65, between Duck Creek and Green’s tribal lands. The approval, with tribal Brooklandville, Brooklandwood, Falls Road consent, of sales of improvements made Branch. upon tribal lands by individual Indians. New Castle County Cecil County * * V * * * Rockland, Rockland, intersection of Rock­ Cecilton, Greenfields on U.S. 213. land and Mount Lebanon roads, Brandy­ Perryville, Principle Furnace, on Post Road, L a F o l le t t e B u t l e r , wine, and Routes 232 and 235. 1.5 miles east of Perryville. Acting Area Director. Wilmington, Lower Louviers and Chicken Alley, 1 Black Gates Road. Frederick County Approved: February 24,1972. Wilmington, Walker’s Mill and Walker’s Oatoctin Furnace, Catoctin Furnace Historic J o h n O. C r o w , Banks, east bank of Brandywine at Rising District, on U.S. 15, 12 miles northwest Deputy Commissioner Sun Lane Bridge. of Frederick. of Indian Affairs. GEORGIA Frederick, Hanson-Thomas Houses, 108 and 110 West Patrick Street. [PR Doc.72-3370 Piled 3-6-72;8:46 am] Baldwin County Harford County Milledgeville, Atkinson Hall, Georgia College Campus. Bel Air, Hays-Heighe House, 401 Thomas Run National Park Service Bibb County Road. Kent County NATIONAL REGISTER OF HISTORIC Macon, Findlay House, 785 Second Street. PLACES Macon, Lanier, Sidney, Cottage, 935 High Chestertown, Godlington Manor, Wilkins Street. Lane. MASSACHUSETTS Additions, Deletions, or Corrections Macon, Munroe-Goolsby House, 159 Rogers Avenue. Hampden County By notice in the F ederal R egister of February 20, 1971, Part n , there was Macon, Old U.S. Post Office and Federal Springfield, First Church of Christ, Con­ published a list of the properties in­ Building, 475 Mulberry Street. gregational, 50 Elm Street. cluded in the National Register of His­ Macon, Randolph-Whittle House, 1231 Jef­ Springfield, Hampden County Courthouse, ferson Terrace. toric Places. This list has been amended Elm Street. Macon, Rogers, Rock, Home, 337 College MICHIGAN by a notice in the F ederal R egister of Street. Chippewa County March 2 (36 F.R. 3930-31), April 6 (36 Clayton County F.R. 6526-28), May 4 (36 F.R. 8333-36), Sault Ste. Marie, SS Valley Camp, Old Union June 3 (36 F.R. 10811-13), July 8 (36 Jonesboro, Jonesboro Historic District. Carbide dock. F.R. 12868-70), August 3 (36 F.R. 14275- Coweta County Huron County 76), September 8.(36 F;R. 18016-19), Newnan, Gordon-Banks House, Route 4. October 5 (36 F.R. 19409-10), November Bad Axe, Sleeper, Albert E., House, 802 West 2 (36 F.R. 20995-96), December 7 (36 Fulton County Huron. Ingham County F.R. 23258), and January 4 (37 F.R. 24- Atlanta, Peters, Edward C., House, 179 Ponce 27). Further notice is hereby given that de Leon Avenue. Lansing, Davis, Benjamin, House, 528 South Washington Avenue. certain amendments or revisions in the Glynn County nature of additions, deletions, or cor­ MINNESOTA rections to the previously published list Jekyll Island, Jekyll Island Club, between Dakota County are adopted as set out below. Riverview and Old Village Boulevard. It is the responsibility of all Federal Lumpkin County Mendota, Sibley House. agencies to take cognizance of the prop­ Dahlonega, Price Memorial Hall, College Koochiching County Avenue. erties included in the National Register Little Fork vicinity, Laurel Mounds, W & , as herein amended and revised in ac­ Morgan County NE}4, sec. 32, T. 70 N., R. 26 W. cordance with section 106 of the N a­ Madison, Bonar Hall, Dixie Avenue. * MISSOURI tional Historic Preservation Act of 1966, Muscogee County Gasconade County 80 Stat. 915, 16 U.S.C. 470. Columbus, Dinglewood, 1429 Dinglewood. Hermann, Hermann Historic District. The following properties have been Columbus, Hilton, 2505 Macon Road. Jackson County added to the Register: Columbus, The Lion House, 1316 Third Avenue. Kansas City, Union Station, Pershing Road ALABAMA Columbus, McGehee-Woodall House, 1534 and Main Street. Mobile County Second Avenue. St. Louis County Mobile, De Tonti Square Historic District. Columlbus, The Wynn House, 1230 Wynnton Road. St. Louis vicinity, Jefferson Barracks Historic ARIZONA District, 10 miles south of St. Louis on Columbus, Wynnwood, 1846 Buena Vista the Mississippi River. Cochise County Road. MONTANA Tombstone, Tombstone City Hall, 315 East HAWAII Fremont Street. Honolulu County Yellowstone County CALIFORNIA Honolulu, Aliiolani Hale, King street. Billings, Billings Chamber of Commerce Building, 303 North 27th Street. Los Angeles County KENTUCKY NEVADA he» Angeles, Catholic-Protestant Chapels, Franklin County Elsenhower Avenue near Bonsall Avenue. Clark County Frankfort, Kentucky Governor’s Mansion, COLORADO Capital Avenue: Las Vegas, Las Vegas Mormon Fort, 900 Las Vegas Boulevard North. Denver County LOUISIANA NEW JERSEY Denver, Broum, Molly, House, 1340 Pennsvl- Orleans Parish vania Street. Atlantic County Denver, Denver Mint, West Colfax Avenue New Orleans, Lafayette Cemetery No. 1, and Delaware Street. 1400 Washington Avenue. Atlantic City, Traymore Hotel, Illinois Avenue and the Boardwalk. Las Animas County MARYLAND Bergen Coy,nty Trinidad, Jaffa Opera House, 100-116 West Anne Arundel County M ain Street. Paramus, Terhune-Gardner-Lindenmeyer Sandy Point, Sandy Point Farm House, House, 218 Paramus Road. DELAWARE Sandy Point State Park. Cumberland County Kent County Baltimore (independent city) Greenwich, Greenwich Historic District, Main Dover, Delaware State Museum, 316 South First'Unitarian Church, 2-12 West Franklin Governors Avenue. Street from the Cohansey River north to Street. Othell.

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 4924 NOTICES

NE W YORK Orange County Providence County Albany County __ Chapel -Hill, Chapel of the Cross, 304 East Providence, Amold-Palmer House, 33 Chest­ Franklin Street. nut Street. Albany, Old Post Office, comer of Broadway Smithfield, Allenville Mill, 5 Esmond Street. and State Street. Pasquotank County TENNESSEE Dutchess County South Mills, Morgan House, 4.1 miles north of the junction of Route 1333 and U.S. 17. Clairbome County Poughkeepsie, Mill Street-North Clover Street Historic District, Mill, Mansion, Vassar, Pender County Tazewell, Parkey House, Main Street. North Clover Streets, Davies and Lafayette Vista, Sloop Point, off Route 1561, 2.4 miles Davidson County Place. from the junction with U.S. 17. Poughkeepsie, Poughkeepsie City Hall, 228 Nashville, J. S. Reeves and Co. Building, 208- Main Street. Perquimans County 210 Public Square. Poughkeepsie, Second Baptist Church, 36 Bethel Vicinity, Myers-White House, north­ TEXAS Vassar Street. east of Bethel on Route 1347, 0.7 mile east Bexar County Poughkeepsie, Vassar Institute, 12 Vassar of the junction with Route 1339. Street. Randolph County San Antonio, King William Historic District. Kings County San Antonio, La Villita Historic District, New York City, The Grecian Shelter Prospect Flint tun Vicinity, Skeen’s Mill Covered bounded by Durango, Navarro, Alamo Park near Parkside Avenue. Bridge, Southwest of Flint Hill, 1.7 miles Streets and the San Antonio River. west on Route 1406 from the junction New York City, Old Brooklyn Fire Headquar­ Washington County ters, 365—367 Jay Street. with Route 1408. Pisgah, Pisgah Community Covered Bridge, Chappell Hill, Browning House, 0.6 mile New York County Route 1109, 0.5 mile south of the junc­ south of U.S. 290 and F.M. 1155 inter­ New York City, Fire House, Engine Company tion with Route 1112. section. 31, 87 Lafayette Street. Rowan County WISCONSIN New York, U.S. Customhouse, Bowling Green. Rockwell vicinity, Grace Evangelical and Brown County Richmond County Reformed Church, south of Rockwell near Green Bay, East Moravian Church, 512 Mora­ the intersection of Routes 1221 and 2335. Staten Island, Battery Weed, Fort Washing­ vian Street. ton Reservation. Salisbury, Henderson, Archibald, Law Office, comer of Church and Fisher Streets. Columbia County— NORTH CAROLINA Salisbury, McNeely-Strachan House, 226 Portage, Old Indian Agency House, northeast South Jackson Street. Alleghany County end of Old Agency House Road near north­ Salisbury, Maxwell Chambers House, 116 Whitehead vicinity, Brinegar Cabin, at mile east corporate limits of Portage. South Jackson Street. 238.5, Blue Ridge Parkway. Salisbury, Zion Lutheran Church, Route Crawford County Burke County^ 1006, 0.5 mile from the junction with Prairie du Chien, Rolette House, northeast Morganton, Creekside, intersection of U.S. 70 Route 1221. corner of North Water and Fisher Streets. Spencer, Long, Alexander, House, Sowers and 70-A west of Morganton. Iowa County Morganton vicinity, Pleasant Valley, junc­ Ferry Road. tion of Routes 1423, 1439, and 1638. Wake County Dodgeville, Iowa County Courthouse, north­ west comer of Iowa and Chapel Streets. Camden County Raleigh, Andrews-Duncan House, 407 North Blount Street. Rock County Camden, Camden County Courthouse, on Raleigh, Hawkins-Hartness House, 310 North North Carolina 343, 0.25 mile north of junc­ Milton, Milton House, 18 South Janesville Blount Street. tion with U.S. 158 and U.S. 168. Street. Raleigh, Heck-Andrews House, 309 North R obert M . U t l e y , Craven County Blount Street. Acting Director, Office of Arche­ New Bern, Attmore-Oliver House, 513 Broad Watauga County ology and Historic Preserva­ Street. tion. New Bern, Central Elementary School, 311- Valle Crucis vicinity, Mast Farm, on Route 313 New Street and 517 Hancock Street. 1112, 0.4 mile east of the junction with [FR Doc.72-3478 Filed 3-6-72;8:51 am] New Bern, Coor-Gaston House, 421 Craven Route 1135. Street. Wilkes County New Bern, First Presbyterian Church and Churchyard, New Street between Middle Purlear vicinity, Cleveland, Robert, Log and Hancock Streets. House, on Route 1300, 0.2 mile northwest DEPARTMENT OF AGRICULTURE New Bern, Simpson-Oaksmith-Patterson of the junction with Route 1317. Consumer and Marketing Service House, 226 East Front Street. PENNSYLVANIA [Marketing Agreement 146] Cumberland County , Philadelphia County 1971 CROP PEANUTS Fayetteville, Nimocks House, 225 Dick Street. Philadelphia, The Athenaeum of Phila­ delphia, 219 South Sixth Street. Durham County Indemnification Philadelphia, Fairmount Park, extends along Bahama vicinity, Hardscrabble, southwest of both banks of the Schuylkill River and Pursuant to the provisions of section Bab«™«- on Route 1003, 0.9 mile west of Wissahickon Creek, from the Art Museum 36 of the marketing agreement regulat­ the junction with Route 1461. at Spring Garden Street to Northwestern ing the quality of domestically produced Edgecombe County Avenue. peanuts heretofore entered into between Philadelphia, Ivy Lodge, 29 East Penn Street. the Secretary of Agriculture and various Battleboro, Old Town Plantation, U.S. 97, Philadelphia, Metropolitan Opera House, 4.7 miles east of the junction with U.S. 301. handlers of peanuts (30 P.R. 9402) and 858 North Broad Street. upon recommendation of the Peanut Ad­ Gates County RHODE ISLAND ministrative Committee established pur­ Gatesville, Elmwood Plantation, 0.6 mile suant to such agreement and other in­ Newport County north of the junction of Route 1400 and formation, it is hereby found that the North Carolina 37. Newport, Cook, Clark, House, 285 Thames amendment hereinafter set forth to the Jones County Street. Newport, House, 319 Thames Street. Terms and Conditions of Indemnifica­ Trenton, Grace Episcopal Church, Lake View Newport, Newport Steam Factory, 449 Thames tion Applicable to 1971 Crop Peanuts (36 Drive and Weber Street. Street. P.R. 12632) will tend to effectuate the Mecklenburg County Newport, Sayer Building, 281-283 Thames objectives of the Agricultural Marketing Street. Huntersville, Cedar Grove, Route 2136, 0.8 Agreement Act of 1937, as amended, and mile northeast of Junction with Route Newport, Tillinghast, Charles, House, 243- 2131. 245 Thames Street. of such agreement.

FEDERAL REGISTER, VOL 37, NO. 45— TUESDAY, MARCH 7, 1972 NOTICES 4925

Amendment of the terms and condi­ United States for 6 consecutive calendar tions is necessary to permit indemnifica­ months. ATOMIC ENERGY COMMISSION tion of handlers sustaining losses due to Section 202(t) (2) of the Social Secu­ [Docket No. 50-358] rejections not recognized in the original rity Act (42 U.S.C. 402(t) (2 )) provides issuance. Such losses arise from situa­ that section 202 (t) ( 1 ) shall not apply to CINCINNATI GAS & ELECTRIC CO. tions where analysis of the product made any individual who is a citizen of a for­ ET AL. from a lot of peanuts is unwholesome eign country which the Secretary of due to aflatoxin. As a consequence, the Health, Education, and Welfare finds Notice of Hearing on Application for manufacturer withholds the product (in­ has in effect a social insurance or pen­ Construction Permit cluding any portion thereof returned to sion system which is of general applica­ the manufacturer) from the market and, tion in such country and under which Pursuant to the Atomic Energy Act of to cover his loss, rejects the handler in­ (A ) periodic benefits, or the actuarial 1954, as amended (the Act), and the voice on the peanuts and claims reim­ equivalent thereof, are paid on account regulations in Title 10, Code of Federal bursement. This causes a loss to the han­ of old age, retirement, or death, and (B ) Regulations, Part 50, “Licensing of Pro­ dler which should be indemnified. individuals who are citizens of the duction and Utilization Facilities,” and Therefore, after the present seventh United States but not citizens of such Part 2, “Rules of Practice,” notice is paragraph of the Terms and Conditions foreign country and who qualify for such hereby given that a hearing will be held, of Indemnification Applicable to 1971 benefits are permitted to receive such at a time and place to be set in the fu­ Crop Peanuts there is added the follow­ benefits or the actuarial equivalent there­ ture by an Atomic Safety and Licensing ing paragraph : of while outside such foreign country Board (Board), to consider the appli­ without regard to the duration of the cation filed under the Act by the Cin­ Claims for indemnification on 1971 crop cinnati Gas & Electric Co., Columbus & peanuts may be filed by any handler sus­ absence. Southern Ohio Electric Co., and Dayton taining a loss as result of a buyer withhold­ Pursuant to authority duly vested in ing from human consumption a portion or the Commissioner of Social Security by Power & Light Co. (the applicants), for all the product made from a lot of peanuts the Secretary of Health, Education, and a construction permit for a boiling water which has been determined to be unwhole­ nuclear reactor designated as the W il­ Welfare, and redelegated to him, the Di­ some due to aflatoxin. The Committee shall rector of the Bureau of Retirement and liam H. Zimmer Nuclear Power Station, pay, to the extent of the raw peanut equiv­ which is designed for initial operation at alent value of the peanuts used in the Survivors Insurance has approved a find­ ing that Fiji does not have a social in­ approximately 2,436 thermal megawatts product so withheld, such claims as it de­ with a net electrical output of approxi­ termines to be valid. surance or pension system which pays periodic benefits, or the actuarial equiva­ mately 810 megawatts. The proposed fa ­ This amendment should be issued as lent thereof, on account of old age, re­ cility is to be located at the applicants’ soon as possible so as to implement and tirement, or death. site 24 miles southeast of Cincinnati on effectuate the provisions of the market­ the Ohio side of the Ohio River and about Accordingly, it is hereby determined ing agreement dealing with indemnifica­ one-half mile north of Moscow, Ohio. tion, and no useful purpose will be served and found that Fiji does not have in The hearing will be held in the vicinity by any postponement thereof. Marketing effect a social insurance or pension sys­ of the site of the proposed facility. tem which meets the requirements of of the 1971 peanut crop is partly com­ The Board will be designated by the pleted and one handler is involved in a section 202 (t) (2) (A ) of the Social Secu­ rity Act (42 U.S.C. 402(t) (2) (A )). Atomic Energy Commission (Commis­ claim of the type covered by the amend­ sion). Notice as to its membership will Subparagraphs (A) and (B) of section ment. Hence, this amendment should be be published in the F ederal R e g ist e r . effective as soon as possible, i.e., on the 202(t) (4) of the Social Security Act (42 The date and place of a prehearing effective date specified herein. Handlers U.S.C. 402(t) (4) (A ) and (B )) provide conference will be set by the Board. The of peanuts who will be affected by such that section 202(t> ( 1 ) shall not be ap­ date and place of the hearing will be amendment have signed the marketing plicable to benefits payable on the earn­ set at or after the prehearing confer­ agreement authorizing the issuance of ings record of an individual who has 40 ence. In setting these dates due regard such terms and conditions. quarters of coverage under social secu­ will be had for the convenience and nec­ The foregoing amendment is hereby rity or who has resided in the United States for a period or periods aggregat­ essity of the parties or their representa­ approved, issued and fe to become effec­ tives, as well as of the Board members. tive this 1st day of March 1972. ing 10 years or more. However, the pro­ visions of subparagraphs (A ) and (B ) of Notices of the dates and places of the P a u l A'. N ic h o l s o n , section 202 (t) (4) shall not apply to an prehearing conference and the hearing Deputy Director, Fruit and Veg­ individual who is a citizen of a foreign will be published in the F ederal R e g is ­ etable Division, Consumer country that has in effect a social insur­ ter. and Marketing Service. ance or pension system which is of gen­ Upon completion by the Commission’s [PR Doc.72-3401 Piled 3-6-72;8:48 am] eral application in such country and regulatory staff of a favorable safety which satisfies the provisions of subpara­ evaluation of the application and an graph (A) of section 202(t) (2) but not environmental review, the Director of the provisions of subparagraph (B ) of Regulation will consider making affirm­ DEPARTMENT OF HEALTH, section 202 (t) (2). ative findings on Items 1-3, a negative By virtue of the finding herein, the finding on Item 4, and an affirmative EDUCATION, AND WELFARE limitation on payment of monthly bene­ finding on Item 5 specified below as a fits to aliens included in section 202 basis for the issuance of a construction Social Security Administration (t) (1) does not apply to citizens of Fiji permit to the applicant. FIJI receiving benefits on the earnings rec­ Issues pursuant to the Atomic Energy ords of individuals who have 40 quarters Act of 1954, as amended: Notice of Finding Regarding Foreign of coverage under social security or who 1. Whether in accordance with the Social Insurance or Pension System have resided in the United States for a provisions of 10 CFR 50.35(a): Section 202(t) (1) of the Social Secu­ period or periods aggregating 10 years or (a) The applicant has described the rity Act (42 U.S.C. 402(t) ( 1 ) ) prohibits more. proposed design of the facility includ­ ing, but not limited to, the princi­ payment of monthly benefits to aliens, Dated: February 28,1972. subject to the exceptions described in pal architectural and engineering cri­ sections 202(t) (2) through 202(t) ( 5) of H u g h F . M cK e n n a , teria for the design, and has identified the Social Security Act (42 U.S.C. 402 Director, Bureau of Retirement the major features or components in­ (t) (2) through 4 0 2 (t)(5 )), for any and Survivors Insurance. corporated therein for the protection of month after they have been outside the [P R Doc.72—3420 Piled 3-6-72,*8:49 am ] the health and safety of the public;

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 No. 45— Pt. I - 4926 NOTICES

(b) Such further technical or design and (D) of NEPA and Appendix D of R egister. The petition shall set forth the information as may be required to com­ 10 CFR Part 50 have been complied with interest of the petitioner in the pro­ plete the safety analysis and which can in this proceeding; (2) independently ceeding, how that interest may be af­ reasonably be left for later considera­ consider the final balance among con­ fected by Commission action, and the tion, will be supplied in the final safety flicting factors contained in the record contentions of the petitioner in reason­ analysis report; of the proceeding with a view to deter­ ably specific detail. A petition which sets (c) Safety features or components, if mining the appropriate action to be forth contentions relating only to mat­ any, which require research and devel­ taken; and (3) determine whether the ters outside the Commission’s jurisdic­ opment have been described by the ap­ construction permit should be granted, tion will be denied. A petition for leave plicant and the applicant has identified, denied, or appropriately conditioned to to intervene which is not timely will be and there will be conducted a research protect environmental values. denied unless, in accordance with 10 CFR and development program associated As they become available, the applica­ 2.714, the petitioner shows good cause with such features or components; and tion, the proposed construction permit, for failure to file it on time. (d) On the basis of the foregoing, the applicant’s summary of the applica­ A person permitted to intervene be­ there is reasonable assurance that (i) tion, the report of the Commission’s comes a party to the proceeding and has such safety questions will be satisfac­ Advisory Committee on Reactor Safe­ all the rights of the applicant and regu­ torily resolved at or before the latest guards (A C R S ), the Safety Evaluation by latory staff to participate fully in the date stated in the application for com­ the Commission’s regulatory staff, the conduct of the hearing. For example, he pletion of construction of the proposed applicant’s Environmental Report, the may examine and cross-examine wit­ facility, and (ii) taking into considera­ Detailed Statement on Environmental nesses. A person permitted to make a tion the site criteria contained in 10 Considerations, and the transcripts of the limited , appearance does not become a CFR Part 100, the proposed facility can prehearing conference and of the hear­ party, but may state his position and be constructed and operated at the pro­ ing, will be placed in the Commission’s raise questions which he would like to posed location without undue risk to the Public Document Room 1717 H Street have answered to the extent that the health and safety of the public. NW., Washington, DC., where they will questions are within the scope of the 2. Whether the applicant is techni­ be available for inspection by members hearing as specified in the issues set out cally qualified to design and construct of the public. Copies of those documents above. A member of the public does the proposed facility; will also be made available at the Cler­ not have the right to participate unless 3. Whether the applicant is financially mont County Library, Third and Broad­ he has been granted the right to inter­ qualified to design and construct the way Streets, Batavia, Ohio 45103, for vene as a party or the right of limited proposed facility; and inspection by members of the public dur­ appearance. 4. Whether the issuance of a permit ing business hours. Copies of the pro­ An answer to this notice, purusant to for construction of the facility will be posed construction permits, the ACRS the provisions of 10 CFR 2.705 of the inimical to the common defense and report, the regulatory staff’s Safety Commission’s rules of practicef must be security or to the health and safety of the Evaluation and the Detailed Statement filed by the applicant not later than public. on Environmental Considerations may twenty (20) days from the date of publi­ Issue pursuant to National Environ­ be obtained, when available, by request cation of this notice in the F ederal mental Policy Act of 1969 (N E P A ): to the Director of the Division of Re­ R egister. Papers required to be filed in 5. Whether, in accordance with the actor Licensing, U.S. Atomic Energy this proceeding may be filed by mail or requirements of Appendix D of 10 CFR Commission, Washington, D.C. 20545. telegram addressed to the Secretary of Part 50, the construction permit should Any person who wishes to make an the Commission, U.S. Atomic Energy be issued as proposed. oral or written statement in this pro­ Commission, Washington, D.C. 20545, In the event that this proceeding is not ceeding setting forth his position on the Attention: Chief, Public Proceedings a contested proceeding, as defined by 10 issues specified, but who does not wish Branch, or may be filed by delivery to CFR 2.4(n) of the Commission’s rules of to file a petition for leave to inter­ the Commission’s Public Document practice, the Board will (1) without con­ vene, may request permission to make Room, 1717 H Street NW., Washington, ducting a de novo review of the applica­ a limited appearance pursuant to the DC. tion, consider the issues of whether the provisions of 10 CFR 2.715 of the Com­ Pending further order of the Board, application and the record of the pro­ mission’s rules of practice. Limited parties are required to file, pursuant to ceeding contain sufficient information, appearances will be permitted at .the the provisions of 10 CFR 2.708 of the and the review of the Commission’s regu­ time of the hearing in the discretion of Commission’s rules of practice, an orig­ latory staff has been adequate, to support the Board, within such limits and on inal and 20 conformed copies of each the findings proposed to be made by the such conditions as may be fixed by the such paper with the Commission. Director of Regulation on Items 1-4 Board. Persons desiring to make a limited With respect to this proceeding, the above, and to support, insofar as the appearance are requested to inform the Commission has delegated to the Atomic Commission’s licensing requirements Secretary of the Commission, U.S. Safety and Licensing Appeal Board the under the Act are concerned, the con­ Atomic Energy Commission, Washing­ authority and the review function which struction permit proposed to be issued by ton, D.C. 20545, not later than thirty (30) would otherwise be exercised and per­ the Director of Regulation; and (2) de­ days from the date of publication of this formed by the Commission. The Com­ termine whether the environmental re­ notice in the F ederal R egister. mission has established the Appeal Board view conducted by the Commission’s Any person whose interest may be pursuant to 10 CFR 2.785 of the Com­ regulatory staff pursuant to Appendix affected by the proceeding who does not mission’s rules of practice, and has made D of 10 CFR Part 50 has been adequate. wish to make a limited appearance and the delegation pursuant to paragraph In the event that this proceeding be­ who wishes to participate as a party in (a) (1) of that section. The Appeal Board comes a contested proceeding, the Board the proceeding must file a petition for is composed of Algie A. Wells, Esq., and will decide any matters in controversy leave to intervene. Dr. John Buck, with a third member to among the parties and consider and Petitions for leave to intervene, pur­ be designated by the Commission. initially decide, as issues in this proceed­ suant to the provisions of 10 CFR 2.714 A “Notice of Receipt of Application for ing, Items 1-5 above as a basis for de­ of the Commission’s rules of practice, Construction Permit and Operating Li­ termining whether the construction per­ must be received in the Office of the cense; Time for Submission of Views on mit should be issued to the applicant. Secretary of the Commission, U.S. Antitrust Matters” was published in the With respect to the Commission’s re­ Atomic Energy Commission, Washing­ F ederal R egister on May 21 and 28, sponsibilities under NEPA and regardless ton, D.C. 20545, Attention: Chief, Public and June 4 and 11, 1971. The notice af­ of whether the proceeding is contested or Proceedings Branch, or the Commission’s forded an opportunity for any person uncontested, the Board will, in accord­ Public Document Room, 1717 H Street wishing to have his views on the anti­ ance with section A.ll of Appendix D NW., Washington, DC, not later than trust aspects of the application pre­ of 10 CFR Part 50, (1) determine whether thirty (30) days from the date of publi­ sented to the Attorney General for con­ the requirements of section 102(2) (C) cation of this notice in the F ederal sideration to submit such views to the

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 NOTICES 4927

Commission within 60 days after May 21, are received, they will be made available In an application dated July 24, 1970, 1971. for public inspection at the above-desig­ the applicant applied for permits to con­ Dated at Germantown, Md., this 3d nated locations. Comments on the Draft struct a boiling water nuclear power re­ day of March 1972. Detailed Statement on environmental actor designated as the Edwin I. Hatch considerations from interested members Nuclear Plant Unit 2 (facility), at the U n it e d S tates A t o m ic of the public should be addressed to the applicant’s site in Appling County, Ga. E n e r g y C o m m is s io n , U.S. Atomic Energy Commission, Wash­ In a letter dated July 1, 1971, and sup­ W . B. M cC o o l , ington, D.C. 20545, Attention: Director, plemented by letters of August 2 and 6, Secretary of the Commission. Division of Radiological and Environ­ 1971, the applicant requested an exemp­ [PR Doc.72-3481 Filed 3-6-72;8:51 am] mental Protection. tion from the provisions of 10 CFR 50.10 Dated at Bethesda, Md., this 29th day (b) that would allow the performance of certain construction work prior to the [Docket No. 50-293] of February 1972. issuance of a construction permit. In ad­ BOSTON EDISON CO. For the Atomic Energy Commission. dition, the applicant provided informa­ R oger S. B o y d , tion pertaining to the environmental im­ Notice of Availability of AEC Draft De­ Assistant Director for Boiling pact of the requested exemption in a tailed Statement on Environmental Water Reactors, Division of document entitled “Statement of Rea­ Considerations for the Pilgrim Nu­ Reactor Licensing. sons Why Exemption Should be Granted to Allow Certain Activities Prior to Issu­ clear Power Station [PR Doc.72-3364 Piled 3-6-72:8:45 am] ance of a Construction Permit at Geor­ Pursuant to the National Environ­ gia Power Co. Edwin I. Hatch Nuclear mental Policy Act of 1969 and the regu­ [Docket No. 50-270] Plant Unit No. 2” dated December 28, lations of the Atomic Energy Commis­ 1971. DUKE POWER CO. sion (the Commission) in 10 CFR Part 50 On the basis of our review of the in­ Appendix D, notice is hereby given that formation provided by the applicant in a Draft Detailed Statement on the Order Extending Provisional Construc­ tion Permit Completion Date support of the request for an exemption environmental considerations related to and after consideration and balancing of the proposed issuance of an operating By application dated January 25, 1972, the environmental factors specified in license to the Boston Edison Co. for the Duke Power Co. requested an extension the proposed revision to 10 CFR 50.12 Pilgrim Nuclear Power Station located on of the latest completion date specified in published in the F ederal R eg ister on De­ the company’s site on the western shore Provisional Construction Permit No. cember 1, 1971 (36 F.R. 22848), it has of Cape Cod Bay in the town of Plym­ CPPR-34. The permit authorizes the been determined that the requested ex­ outh, Mass., has been prepared and has construction of a pressurized water nu­ emption is authorized by law and will not been made available for public inspec­ clear reactor designated as the Oconee endanger fife

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 4928 NOTICES

[Docket No. 40-8027] factors set out in section E.2 of Appendix D, alleged to warrant a determination CIVIL AERONAUTICS BOARD KERR-McGEE CORP. other than that made by the Director of [Docket No. 23941] Determination Not To Suspend Opera­ Regulation and shall set forth the factual basis for the request. If the Commission AIR HAITI, S.A. tions Pending Completion of NEPA determines that the matters stated in Environmental Review such a request warrant a hearing, a Notice of Prehearing Conference and In the matter of Kerr-McGee Corp., notice of hearing will be published in the Hearing Sequoyah Uranium Hexafluoride Pro­ F ederal R egister. Application for amendment of foreign duction Plant, Gore, Okla., Docket No. The licensee’s statement of reasons, air carrier permit to authorize New York furnished pursuant to section E.3 of Ap­ 40-8027, License No. SUB-1010. service. Kerr-McGee Corp., Kerr - McGee pendix D, as to why the license should Notice is hereby given that a prehear­ not be suspended'pending completion of Building, Oklahoma City, Okla. 73102, ing conference in the above-entitled the NEPA environmental review, and the holds License No. SUB-1010, issued by matter is assigned to be held on March 22, document entitled “Discussion and Find­ the Atomic Energy Commission on Feb­ 1972, at 10 a.m. (local time), in Room ruary 20,1970. The license authorizes the ings by the Division of Materials Licens­ 503, Universal Building, 1825 Connecti­ ing, U.S. Atomic Energy Commission, Re­ licensee to operate a plant for producing cut Avenue NW., Washington, DC, before lating to Consideration of Suspension uranium hexafluoride (UF0) from ura­ Examiner Joseph L. Fitzmaurice. Pending NEPA Environmental Review of nium concentrates (U 3Os) . The plant is the Operating License for the Kerr- Notice is also given that the hearing located in a rural area approximately 2 McGee Sequoyah Uranium Hexafluoride may be held immediately following con­ miles southeast of Gore, Okla., and 4 Plant, AEC Docket No. 40-8027, Febru­ clusion of the prehearing conference miles west of Vian, Okla. The facility is ary 9, 1972,” are available for public in­ unless a person objects or shows reason designed to produce 5,000 tons of ura­ spection at the Commission’s Public for postponement on or before March 17, nium hexafluoride per year. Document Room, 1717 H Street NW., 1972. In accordance with section E.3 of the Washington, DC, and at the Sallisaw Dated at Washington, D.C., March 1, Commission’s regulations implementing City Library, 111 North Elm, Sallisaw, 1972. the National Environmental Policy Act O K 74955. Copies of the “Discussion and of 1969 (N E PA ), Appenedix D of 10 CFR Findings * * *” document may be ob­ [ seal! R alph L. W iser, Chief Examiner. Part 50, • the licensee has furnished to tained upon request addressed to the the Commission a written statement of Atomic Energy Commission, Washing­ [FR Doc.72-3422 Filed 3-6-72;8:51 am] reasons, with supporting factual submis­ ton, D.C. 20545, Attention: Director, Di­ sion, why the license should not be sus­ vision of Materials Licensing. pended, in whole' or in part, pending [Docket No. 23708] Dated at Bethesda, Md., this 29th day completion of the NEPA ’environmental AIR WEST TACOMA DELETION CASE review. This statement of reasons was of February 1972. furnished to the Commission on Octo­ For the Atomic Energy Commission. Notice of Prehearing Conference ber 20, 1971, and supplemented by in­ formation furnished the Commission on L. M a n n in g M u n t z in g , Notice is hereby given that a prehear­ November 15, 1971, January 25,1972, and Director of Regulation. ing conference in the above-entitled February 3, 1972. The Director of Regu­ [PR Doc.72-3393 Piled 3-6-72;8:47 am] matter is assigned to be held on lation has considered the licensee’s sub­ March 29, 1972, at 10 a.m. (local time), mission in the light of the criteria set [Docket No. 50-305] in Room 503, Universal Building, 1825 out in section E.2 of Appendix D, and has Connecticut Avenue NW., Washington, determined, after considering and bal­ WISCONSIN PUBLIC SERVICE CORP. DC, before Examiner Merritt Ruhlen. ancing the criteria in section E.2 of Ap­ ET AL. In order to facilitate the conduct of pendix D, that operations at the Se­ the conference parties are instructed to quoyah Uranium Hexafluoride Plant Order Extending Provisional Construc­ submit to the Examiner and other par­ authorized pursuant to License No. S U B - tion Permit Completion Date ties ( 1 ) proposed statements of issues; 1010 should not be suspended pending By application dated January 28,1972, (2) proposed stipulations; (3) requests completion of the NEPA environmental Wisconsin Public Service Corp., Wiscon­ for information; (4) statement of posi­ review. sin Power & Light Co., and Madi­ tions of parties; and (5) proposed pro­ Further details of this determination son Gas and Electric Co. requested an cedural dates. The Bureau of Operating are set forth in a document entitled extension of the latest completion date Rights will circulate its material on or “Discussion and Findings by the Divi­ specified in Provisional Construction before March 15, 1972, and the other sion of Materials Licensing, U.S. Atomic Permit No. CPPR-50. The permit author­ parties on or before March 22, 1972. The Energy Commission, Relating to Con­ izes the construction of a pressurized submissions’of the other parties shall be sideration of Suspension Pending NEPA water nuclear reactor designated as the limited to points on which they differ Environmental Review of the Operating Kewaunee Nuclear Power Plant at the with the Bureau of Operating Rights. Licfense for the Sequoyah Uranium Hexa­ applicant’s site in the town of Carlton, Dated at Washington, D.C., March 2, fluoride Plant, AEC Docket No. 40—8027, Kewaunee County, Wis. 1972. February 9, 1972.” Good cause having been shown for this extension pursuant to section 185 of the [ seal] R alph L. W iser, The determination herein and the dis­ Chief Examiner. cussion and findings hereinabove re­ Atomic Energy Act of 1954, as amended, ferred to do not preclude the Commission, and § 50.55(b) of 10 CFR Part 50 of the [FR Doc.72-3424 Filed 3-6-72; 8:51 am] as a result of its ongoing environmental Commission’s regulations: It is hereby review, from continuing, modifying, or ordered, That the latest completion date [Docket No. 24024] terminating the license or from appro­ specified in Provisional Construction priately amending the license to protect Permit No. CPPR-50 is extended from PI AIR LTD. environmental values. March 1,1972 to December 31,1972. Notice of Postponement of Hearing Any person whose interest may be af­ Date of issuance: February 29, 1972. Regarding Foreign Air Carrier Permit fected by this proceeding, other than For the Atomic Energy Commission. the licensee, may file a request for a hear­ Notice is hereby given, pursuant to ing within thirty (30) days after publi­ P eter A. M orris, the provisions of the Federal. Aviation Director, Division cation of this determination in the F ed­ Act of 1958, as amended, that a hearing of Reactor Licensing. in the above-entitled proceeding has eral R egister. Such a request shall set been postponed from March 8, 1972 (37 forth the matters, with reference to the [FR Doc.72-3396 Filed 3-6-72:8:47 am]

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 NOTICES 4929

P.R. 2462, February 1, 1972), to April 10, World Airways, Inc., is hereby ex­ 1972, at 10 a.m. (local time), in Room empted from section 403 of the Act and FEDERAL COMMUNICATIONS 503, Universal Building, 1825 Connecti­ Part 221 of the economic regulations cut Avenue NW., Washington, DC before insofar as necessary to permit it to pro­ COMMISSION the undersigned. vide the transportation described in its [Dockets Nos. 19168-19170; FCC 72-149] Dated at Washington, D.C., Febru­ application in Docket 24245. ary 28, 1972. This order will be published in the COWLES FLORIDA BROADCASTING, F ederal R eg ist e r . [ s e a l] H e n r y W h it e h o u s e , INC., ET AL. Hearing Examiner. By the Civil Aeronautics Board. Redesignation Order Redesignating [PR Doc.72-3423 Filed 3-6-72;8:51 am] [ s e a l ] H a r r y J. Z i n k , Applications for Hearing on Stated Secretary. Issues [Docket No. 24245; Order 72-3-2] [P.R. Doc.72-3421 Piled 3-6-72;8:49 am] In regard applications of Cowles Flor­ WORLD AIRWAYS, INC. ida Broadcasting, Inc. (W E S H -T V ), Daytona Beach, Fla., Docket No. 19168, Order Granting Exemption File No. BRCT-354, for renewal of li­ ENVIRONMENTAL PROTECTION cense; Cowles Florida Broadcasting, Inc. Adopted by the Civil Aeronautics (W E S H -T V ), Daytona Beach, Fla., Board at its office in Washington, D.C., AGENCY Docket No. 19169, File No. BPCT-4158, on the 1st day of March 1972., for modification of authorized facilities; On February 24, 1972, World Airways, 2,4-DICHLOROPHENYL Central Florida Enterprises, Inc., Day­ Inc., filed an application seeking exemp­ p-NITROPHENYL ETHER tona Beach, Fla., Docket No. 19170, File tion from section 403 of the Act in order No. BPCT-4346, for a construction to transport passengers and cargo be­ Notice of Extension of Temporary permit. tween Honolulu, Hawaii, and Wake Tolerances Island from February 29, 1972, to June 1. The Commission has under con­ 30, 1972, under contract to the Federal Rohm and Haas Co., Independence sideration: (1) An order of the U.S. Court Aviation Administration. The contract Mall West, Philadelphia, Pa. 19105, was of Appeals for the District of Colum­ is for a minimum of seven round-trip granted temporary tolerances for resi­ bia Circuit (adopted January 21, 1972, flights at $9,645 for all-cargo flights and dues of the herbicide 2,4-dichlorophenyl in Cases»Nos. 24,471 and 24,491) directing $10,979 for mixed passengers/cargo p-nitrophenyl ether in or on rice straw the Commission to comply with the man­ flights. The contract also provides for a at 0.5 part per million and rice at 0.1 date of that court in “Citizens Communi­ ferry charge of $10,692 between Oakland, part per million on May 20, 1968 (notice cations Center, et al. v. F.C.C.”, 447 F. 2d was published in the F ederal R eg ister Calif., and Honolulu. World filed a sup­ 1201 (1971), “ * * * forthwith by redesig­ plement to the application on February of May 28, 1968 (33 F.R. 7775)). At the 28,1972, specifying certain cost informa­ request of the firm, the temporary tol­ nating the Hampton Roads case for tion. erances were extended to May 20, 1970 hearing,” and ( 2) our order adopted this In support of its application, World (notice was published in the F ederal date, complying with the Court of Ap­ R egister of May 2, 1969 (34 F.R. 7252)), submits that the contracted service is a peals’ mandate by redesignating for and a renewal was granted to March 18, unique operation that does not lend it­ hearing the Hampton Roads proceeding. self to the normal tariff provisions be­ 1972 (notice was published in the F ed­ cause the FAA will furnish many services eral R eg ister of March 24, 1971 (36 F.R. 2. The above-captioned applications that normally would be supplied by the 5531)). were originally designated for hearing by carrier; that on the basis of its current The firm has requested a 1-year exten­ our order (FCC 71-237, 36 F.R. 4901, costs a profit will be produced and con­ sion of the renewal to obtain additional released March 10,1971) as subsequently tribute to its other operations; and that efficacy data. It is concluded that such amended (FCC 71-823, 36 F.R. 16706, it therefore would be in the public inter­ extension will protect the public health. est to grant the application. World fur­ A condition under which the temporary released August 20, 1971). The issues ther alleges that enforcement of section tolerances are extended is that the her­ upon which the applications are to be 403 would not be in the public interest bicide will be used in accordance with heard, the reasons their designation, and due to the limited duration and scope of the temporary permits which are being the matters of fact and law involved issued concurrently by the Environ­ the contracted service; and that it is have been adequately set forth in prior authorized to state the president of Air mental Protection Agency and which Micronesia, the only air carrier now pro­ provide for distribution under the Rohm orders and are hereby incorporated by viding service between the Hawaiian and Haas Co. name. reference. In conformity with our action Islands and Wake Island, has no objec­ As extended these temporary toler­ in the Hampton Roads proceeding, we tion to the grant of this exemption for ances expire March 18, 1973. shall redesignate the above applications the period through June 30, 1972. This action is taken pursuant to pro­ for hearing on the issues heretofore The Board has determined to grant visions of the Federal Food, Drug, and the application. The contracted rates do specified for determination in this Cosmetic Act (sec. 408(j), 68 Stat. 516; proceeding. not appear unreasonable in light of the 21 U.S.C. 346a(j)), the authority trans­ fact that the FAA will furnish fuel and ferred to the Administrator of the En­ , 3. Since the existing participants in food, and will also pay landing fees and vironmental Protection Agency (35 F.R. this case have already filed with the for conversion of the aircraft’s configu­ 15623), and the authority delegated by Commission written notices of appear­ ration. In view of this, and the unique ance, pursuant to § 1.221 of the rules, we nature and limited duration of the con­ the Administrator to the Deputy Assist­ tracted services, the Board finds that the ant Administrator for Pesticides Pro­ deem the filing of additional notices to enforcement of section 403 of the Act grams (36 F.R. 9038). be unnecessary. Moreover, to insure fair would be an undue burden on World Dated: March 1,1972. and equitable treatment of all parties, and would not be in the public interest. we believe that each applicant herein Accordingly, pursuant to the Federal W il l ia m M . U p h o l t , Aviation Act of 1958, and particularly Deputy Assistant Administrator should be allowed a period of thirty (30) section 416(b) thereof, for Pesticides Programs. days from the date of release of this order It is ordered, That: [P R Doc.72-3427 Filed 3-6-72;8:50 am ] within which to amend its application as

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 4930 NOTICES a matter of right subject to the limita­ per night during their prime hours. The gram’s special merit and educational tions of § 1.522(a) of the rules.1 requests are by the licensees of Stations value, it wants to carry it at “an earlier 4. Accordingly, it is ordered, That, “WTVJ,” Miami, and “K H O U -TV,” and more desirable time period”, Sun­ pursuant to section 309(e) of the Com­ Houston (respectively Wometco Enter­ day, from 9:30 to 11 instead of 11 to munications Act of 1934, as amended, the prises, Inc., and Gulf Television Corp.). 12:30. Thus, it requests waiver to present above-captioned applications of Cowles Both requests are occasioned by the fact 3 V2 hours of network material on Sun­ Florida Broadcasting, Inc., and Central that the network (CBS in both oases) day, February 27, which of course would Florida Enterprises, Inc., are redesig­ will cany special material on two eve­ be compensated by the fact that it will nated for hearing in a consolidated pro- nings in late February, instead of two present only 1 hour on Friday, Febru­ ceeding upon the issues heretofore speci­ usual network programs, and the sta­ ary 25. fied for determination and hereby in­ tions wish to handle these somewhat 4. It appears that in both of these corporated by reference. ' differently from their presentation of cases waiver is warranted, taking into the usual network program scheduled account the “one time” nature of these 5. It is further ordered, That the situations, the special character of the Hearing Examiner and, where appropri­ at the time involved. - Neither station would, with the waiver, exceed the 21 network-programs which prompts the re­ ate, the Review Board are directed to take hours in 7 days which would be per­ quests, and the fact that, in both cases, any further steps necessary to conform mitted under the rule if it were applied there appears to be public-interest con­ the conduct of the proceeding to this on a weekly basis. siderations in favor of the arrangement order. 2. The W TVJ request is almost identi­ proposed if waiver is granted. It does not 6. It is further ordered, That the -ap­ cal with one submitted last fall concern­ appear that the availability of prime time plicants herein shall, pursuant to section ing October dates, which we granted on to nonnetwork sources— one of the im­ 311(a)(2) of the Communications Act October 14, 1971 (FCC 71-1074), but in­ portant objectives of the rule—will be of 1934, as amended, and § 1.594 of the dicated that it was granted only because substantially impaired. Accordingly, both Commission’s rules, give notice of the of the imminence of the date involved of the requests are granted. hearing within the time and in the man­ and that similar waiver would not be 5. In view of the foregoing: It is ner prescribed in such rule, and shall ad­ granted in the future. W TVJ regularly ordered, That: the provisions of § 73.658 vise the Commission of the publication carriers a “National Geographic” syn­ (k) of the Commission’s rules, the “prime of such notice as required by § 1.594(g) dicated series of hour-long programs time access rule”, are waived, to permit of the rules. from 7 to 8 p.m. on Mondays. The fol­ Station WTVJ, Miami, Fla., to carry up 7. It is further ordered, That the lowing day, Tuesday, it carries at the to 4 hours of network programing on. above-captioned applicants may amend same hour the regular CBS “Glen Camp­ Monday, February 28, 1972, and Station their applications as a matter of right bell Hour,” delayed from the previous KH O U-TV, Houston, Tex., to present up subject to the limitations of § 1.522(a) Tuesday. On Tuesday, February 22, CBS to 3Vz hours of network programing on of the rules within a period of time end­ will not present its regular Glen Camp­ Sunday, February 27: Provided, That in ing thirty (30) days from the release bell program, but instead will present a both cases the total network programing date of this order. 1-hour program in a new “National Geo­ presented during prime time on these Adopted: February 16, 1972. graphic” series: If W TVJ followed its dates and the other evening involved for usual practice, it would present this at each station (Tuesday, February 29 for Released: February 24, 1972. 7 p.m. the following Tuesday, Febru­ W TVJ and Friday, February 25 for F ederal C ommunications ary 29. However, it does not wish to do K H O U -T V ) shall not exceed 6 hours. this, but instead wants to treat this CBS C o m m issio n ,8 Adopted: February 23, 1972. [ s e a l ] B e n F . W a p l e , program as part of its regular National Secretary. Geographic series, presenting it on Mon­ Released: February 24,1972. day, February 28 at 7 p.m., instead of F ederal Communications [ 1 « Doc.72-3413 Filed 3-6-72; 8:49 am] using one of its regular syndicated pro­ Commission,1 grams of this material. Since the CBS [ seal] B en F. W aple, [FCC 72-183] program of course, originated on the net­ Secretary. work, and since on Mondays W TJV pre­ STATIONS WTVJ, MIAMI, FLA.t AND sents the regular CBS 3 hours from 8 to [FR Doc.72-3412 Filed 3-6-72;8:49 am] KHOU-TV, HOUSTON, TEX. 11, t-bis would mean 4 hours of network programs that evening, requiring a [Docket No. 18559, etc., FCC 72-143] Memorandum Opinion and Order waiver. W TVJ states that it wants to Regarding “ Prime Time’’ Waiver give the maximum support to its syn­ UNITED TELEVISION CO., INC., ET AL. In the matter of requests far one­ dicated series, and therefore does not want to present the same type of mate­ Redesignation Order Redesignating time waiver of the “prime time access Applications for Hearing on Stated rule”, 1 73.658 (k) of the Commission rial on two successive nights, which rules, by Stations WTVJ, Miami, Fla., would be the case if it followed its usual Issues and K H O U-TV, Houston, Tex. practice, and which could lead to viewer In regard applications of United Tele­ confusion. Therefore, it seeks a waiver to vision Co., Inc. (W F A N -T V ), Washing­ 1. The Commission here considers twopresent 4 hours of network material on ton, D.C., Docket No. 18559, File No. "one-time” requests for waiver of the Monday, February 28. This would be BRCT-585, for renewal of license; Unit­ prime time access rule, § 73.65®(k) of compensated by presentation of less, ed Television Co., Inc. (W F A N -T V ), the Commission’s rules, which in general only 1 hour, on Tuesday, with the usual Washington, D.C., Docket No. 18561, File limits stations in the top 50 markets W TVJ Glen Campbell period being filled No. BPCT-3917, for construction per­ (including Miami and Houston) to no with a syndicated variety program, more mit; United Broadcasting Co., Ihc. more than 3 hours of network programs like the usual Glen Campbell material. (W O O K ), Washington, D.C., Docket No. 3. The K H O U -T V request represents 18562, File No. BR-1104, for renewal 01 1 In view of our action herein, we believethe following circumstances: K H O U -T V license; Washington Community Broad­ that it would be appropriate for each of the normally preempts the 90-minute CBS casting Co., Washington, D.C., Docket No. parties to give earnest consideration to the Friday night movie for a local feature question of the acceptability of those aspects 18563, File No. BP-17416, for construc­ film, and carries the CBS movie on Sun­ of the record already completed in this pro­ tion permit for new standard broadcast day evenings after prime time, 11 p.m.- ceeding. Thus, the parties will be accorded station. 45 days following the release of this order 12:30 a.m., c.t. However, on Friday, within which to attempt to reach a stipula­ February 25, CBS, instead of its regular 1. The Commission has under consid­ tion concerning the validity of those portions movie, will present the Thomas Wolfe eration: (1) An order of the U.S. Court of the existing record which may be admitted dramatic classic “Look Homeward into evidence in the ensuing proceeding'in Angel.” K H O U -T V plans to delay this 1 Commissioners Robert T. Bartley and this case. until Sunday, in accordance with its Nicholas Johnson dissenting. Commission a Commissioners Johnson and H. Rex Lee H. Rex Lee absent. absent. usual practice, but in view of the pro­

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 NOTICES 4931

of Appeals for the District of Columbia vise the Commission of the publication ment No. 9823 (Caribbean Cruise As­ Circuit (adopted January 21, 1972, in of such notice as required by § 1.594(g) sociation) . However, because of the Cases Nos. 24,471 and 24,491) directing of the rules. extensive revisions being made, the the Commission to comply with the man­ 7. It is further ordered, That the:v broad jurisdiction of the proposed asso­ date of that court in “Citizens Commu­ above-captioned applicants may amend ciation, the change in the basic concept nications Center, et al. v. F.C.C.,” 447 F their applications as a matter of right of operations, and the fact that we un­ 2d 1201 (1971), *** * * forthwith by re­ subject to the limitations of § 1.522(a) derstand that upon approval of this pro­ designating the Hampton Roads case of the rules within a period of time end­ posed Agreement the Caribbean Cruise for hearing,” and ( 2) our order, adopted ing thirty (30) days from the release date Association (Agreement No. 9823), the this date, complying with the Court of of this order. Atlantic Passenger Steamship Confer­ Appeals’ mandate by redesignating for ence (Agreement No. 7840) and the Adopted: February 16, 1972. hearing the Hampton Roads proceeding. Trans-Atlantic Passenger Steamship 2. The above-captioned applications Released: February 24, 1972. Conference (Agreement No. 120) will be were originally designated for hearing terminated, it was decided to treat the by our order (FCC 69-618, 18 FCC 2d F ederal C ommunications C o m m issio n ,2 proposed agreement as a new agreement 363, released June 13, 1969) as subse­ which was assigned Federal Maritime quently amended (FCC 71-816, 36 F.R. [ seal] B en F. W aple, Secretary. Commission No. 9856. 16710, released August 20, 1971). The is­ Agreement No. 9856 includes the sues upon which the applications are to [FR Doc.72-3411 Filed 3-6-72; 8:49 am ] following: be heard, the reasons for their designa­ 1. Articles. tion, and the matters of fact and law 2. Subagency Appointment Agreement. involved have been adequately set forth 3. Regulations governing subagencies. in prior orders and are hereby incorpo­ FEDERAL MARITIME COMMISSION The Articles of the proposed agree­ rated by reference. In conformity with ment cover name, purpose and organi­ our action in the Hampton Roads pro­ INTERNATIONAL PASSENGER SHIP zation; jurisdiction; membership; fares ceeding, we shall redesignate the above ASSOCIATION and rates of commission; agencies; joint applications for hearing on the issues Notice of Agreement Filed promotion and advertising; self-policing heretofore specified for determination in and compliance with law. Of particular this proceeding. Notice is hereby given that the follow­ interest, among other things, is the pro­ 3. Since the existing participants in ing agreement has been filed with the vision for the establishment of sections this case have already filed with the Commission for approval pursuant to by member lines having a similarity of Commission written notices of appear­ section 15 of the Shipping Act, 1916, as geographic operations or marketing ance, pursuant to § 1.221 of the rules, we amended (39 Stat. 733, 75 Stat. 763, 46 and/or competitive conditions. The sec­ deem the filing of additional notices to U.S.C. 814). tions will bé autonomous provided that be unnecessary. Moreover, to insure fair Interested parties may inspect and ob­ any action taken by any section is not and equitable treatment of all parties, tain a copy of the agreement at the to be more liberal than the action taken we believe that each applicant herein Washington office of the Federal Mari­ by the association as a whole, except as should be allowed a period of thirty (30) time Commission, 1405 I Street NW., agreed by the Principals’ Forum. The days from the date of release of this Room 1015; or may inspect the agree­ jurisdiction of the association encom­ order within which to amend its appli­ ment at the Field Offices located at New passes trans-Atlantic service and any cation as a matter of right subject to York, N.Y., New Orleans, La., and San other voyages operated by a member line, the limitations of § 1.522(a) of the rules.1 Francisco, Calif. Comments on such as defined therein, except those voyages 4. Accordingly, it is ordered, That, pur­ agreements, including requests for hear­ which are wholly within the jurisdic­ suant to section 309(e) of the Commu­ ing, may be submitted to the Secretary, tion of the Trans-Pacific Passenger nications Act of 1934, as amended, the Federal Maritime Commission, Wash­ Conference. above-captioned applications of United ington, D.C. 20573, within 20 days after The Subagency Appointment Agree­ Television Co., Inc., United Broadcasting publication of this notice in the F ederal ment has been revised. Co., Inc., and Washington Community R egister. Any person desiring a hearing The regulations governing Subagen­ Broadcasting Co. are redesignated for on the proposed agreement shall pro­ cies have been revised and now include hearing in a consolidated proceeding vide a clear and concise statement of standards for appointment of Sub­ upon the issues heretofore specified for the matters upon which they desire to agencies. determination and hereby incorporated adduce evidence. An allegation of dis­ The parties to Agreement No. 9856 are: by reference. crimination or unfairness shall be ac­ 5 .It is further ordered, That the Hear­ companied by a statement describing the Chandris America Lines, S.A. (Chandris America Lines, Inc., G .A .). ing Examiner and, where appropriate, discrimination or unfairness with par­ French Line (Compagnie Generale Trans­ the Review Board are directed to take ticularity. If a violation of the Act or atlantique) . any further steps necessary to conform detriment to the commerce of the United German Atlantic Line (Deutsche Atlantik the conduct of the proceeding to this States is alleged, the statement shall set Schiffahrts-Gesellschaft m.b.H. & Co. ). order. forth with particularity the acts and cir­ Hapag-Lloyd Aktiengesellschaft (North Ger­ 6. It is further ordered, That the appli­cumstances said to constitute such viola­ man Lloyd Passenger Agency, Inc., G.A.). cants herein shall, pursuant to section tion or detriment to commerce. Holland America Line (N.V. Nederlandsch- Amerikaansche Stoomvaart-MaatschappiJ 311(a) (2) of the Communications Act of A copy of any such statement should “Holland-Amerika Lijn”) . 1934, as amended, and § 1.594 of also be forwarded to the party filing the Home Lines (Home Lines, In c .). the Commission’s rules, give notice of the agreement (as indicated hereinafter) Incres Line (Victoria Steamship Co., Ltd.). hearing within the time and in the man­ and the statement should indicate that Italian Line (“Italia” Società per Azioni di ner prescribed in such rule, and shall ad- this has been done. Navigazione). Norwegian America Line (Den Norske Ameri- Notice of agreement filed for approval kalinje A/S, O lso). 1 In view of our action herein, we be­ by: ^ Paquet Lines—Nouvelle Compagnie de lieve that it would be appropriate for each Mr. William J. Armstrong, Secretary, Carib­ Paquebots. of the parties to give earnest consideration bean Cruise Association, 17 Battery Place, Swedish American Line (Aktiebolaget Sven- to the question of the acceptability of those Suite 631, New York, N Y 10004. ska Amerika Lin ien ). aspects of the record already completed in this proceeding. Thus, the parties will be Agreement No. 9856 between the par­ Dated: March 2,1972. accorded 45 days following the release of ties identified hereafter, was originally By order of the Federal Maritime this order within which to attempt to reach filed as an agreement modifying Agree- ? stipulation concerning the validity of Commission. those portions of the existing record which F rancis C. H u r n e y , may be admitted into evidence in the en­ 2 Commissioners Johnson and H. Rex Lee Secretary. suing proceeding in this case. absent. [FR Doc.72-3418 Filed 3-6-72;8:49 am ]

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 4932 NOTICES

[Dockets Nos. RP69-27, RP70-19, RP70-40, UNITED STEVEDORING CORP. AND RP71-1] BOSTON SHIPPING ASSOCIATION FEDERAL POWER COMMISSION [Docket No. E-7634] TRANSWESTERN PIPELINE CO. Notice of Agreement Filed COLUMBUS AND SOUTHERN OHIO Notice of Petition To Amend Notice is hereby given that the follow­ Stipulation and Agreement ing agreement has been filed with the ELECTRIC CO. Commission for approval pursuant to Notice of Application M arch 3,1972. section 15 of the Shipping Act, 1916, as Take notice that Transwestem Pipe­ amended (39 Stat. 733, 75 Stat. 763, 46 M arch 3, 1972. line Co. (Transwestem), on February 4, U.S.C. 814). Take notice that on June 3, 1971, Co­ 1972, filed a petition to amend the stipu­ Interested parties may inspect and ob­ lumbus and Southern Ohio Electric Co. lation and agreement approved in these tain a copy of the agreement at the (Columbus) filed an application pursu­ proceedings by the Commission’s order Washington office of the Federal Mari­ ant to section 203 of the Federal Power issued November 24, 1970, in the above time Commission, 1405 I Street NW., Act for authority to lease certain electric proceedings and modified by its order Room 1015; or may inspect the agree­ facilities from Cincinnati Gas & Electric issued December 30,1971. ment at the Field Offices located at New Co. (Cincinnati) and the Dayton Power The proposed amendment would ex­ York, N.Y., New Orleans, La., and San and Light Co. The initial application was tend from February 29, 1972, to Decem­ supplemented on September 20, 1971, Francisco, Calif. Comments on such ber 31, 1972, the period of time during by a joint application of all three above- which Transwestem may track increases agreements, including requests for hear­ mentioned parties for the lease of facili­ and decreases in its CDQ rates pursuant ing, may be submitted to the Secretary, ties and was further supplemented by to Article III thereof, and similarly ex­ Federal-Maritime Commission, Washing­ letter application of October 5, 1971. tend the period of time during which ton, D.C. 20573, within 10 days after All applicants are incorporated under Transwestern shall make refunds under publication of this notice in the F ederal the laws of the State of Ohio and are Article IV of said agreement. Transwest­ engaged in the electric utility business em states that increased rates of several R egister. Any person desiring a hearing in the State of Ohio. of its suppliers will exceed $4,767,000 for on the proposed agreement shall provide The facilities involved in the applica­ the period between February 1, 1972 a clear and concise statement of the tion consist of 13.2 miles of 345-kv. trans­ through and including December 31, matters upon which they desire to adduce mission line running from Columbus’ 1972, and that unless the tracking provi­ evidence. An allegation of discrimination Bixby substation to Columbus. Beatty sions of its settlement agreement are or unfairness shall be accompanied by a substatiorvand located a few miles south extended, as proposed in the amendment thereto, Transwestem will be required to statement describing the discrimination of the city of Columbus, Ohio. The line file a general rate increase in the near or unfairness with particularity. If a vio­ was built to transmit electric power and energy generated by a jointly owned fa­ future. lation of the Act or detriment to the cility of the three parties to the appli­ Copies of this petition were served on commerce of the United States is alleged, cation, which station is now under con­ all parties to these proceedings, all of the statement shall set forth with par­ struction and scheduled for service Jan­ Transwestem’s jurisdictional customers ticularity the acts and circumstances uary 1,1973. The line which was put into and interested State commissions. Answers or comments relating to the said to constitute such violation or detri­ operation on June 21,1971, is also jointly owned, in equal shares, by the three par­ petition may be filed with the Federal ment to commerce. ties to the application. Power Commission, Washington, D.C. A copy of any such statement should 20426, on or before March 15, 1972. According to the application, until the also be forwarded to the party filing the completion of the jointly owned generat­ K en ne th F. P lu m b , agreement (as indicated hereinafter) ing station neither Dayton nor Cincin­ Secretary. and the statement should indicate that nati would have a use for the transmis­ [FR Doc.72-3480 Filed 3-6-72;8:51 am] this has been done. sion line, however, Columbus can make Notice of agreement filed by: use of the full capacity of the line in its operation prior to the activation of the [Docke-t No. RI72-182 etc.] Leo F. Glynn, Esq., Glynn & Dempsey, 1 generating station. The term of the lease AMERADA HESS CORP. ET AL. Boston Place, Boston, MA 02108. is from June 21, 1971, to December 31, In Docket No. 70-3, United Stevedoring 1972. Order Providing for Hearing on and Corp. v. Boston Shipping Association Any person desiring to be heard or to Suspension of Proposed Changes (B S A ), the Commission found certain make any protest with reference to said in Rates, and Allowing Rate application should on or before March 15, Changes'To Become Effective Sub­ agreements between the members of BSA 1972, file with the Federal Power Com­ to be subject to section 15, Shipping Act, mission, Washington, D.C. 20426, peti­ ject to Refund 1 1916, and ordered they be filed for Com­ tions to intervene or protests in accord­ F ebruary 23, 1972. mission approval. In compliance with ance with the requirements of the Com­ Respondents have filed proposed the Commission’s order, BSA has filed mission’s rules of practice and procedure changes in rates and charges for juris­ the following documents which have (18 CFR 1.8 or 1.10). All protests filed dictional sales of natural gas, as set forth been designated collectively as FMC with the Commission will be considered below. The proposed changed rates and Agreement No. T-2574. by it in determining the appropriate ac­ charges may be unjust, unreasonable, 1. Articles of Incorporation and by­ tion to be taken but will not serve to unduly discriminatory, or preferential, or laws of the BSA; make the protestants parties to the pro­ otherwise unlawful. 2. Understanding regarding the allo­ ceeding. Persons wishing to become par­ The Commission finds: It is in the pub­ cation o: labor gangs among stevedores; ties to a proceeding or to participate as lic interest and consistent with the Nat­ and a party in any hearing therein must file ural Gas Act that the Commission enter upon hearings regarding the lawfulness 3. A descriptive statement of the “first petitions to intervene in accordance with of the proposed changes, and that the call-recall” system applicable ta the the Commission’s rules. The application supplements herein be suspended and utilization of the labor gangs. is on file with the Commission and avail­ their use be deferred as ordered below. Dated: March 2, 1972. able for public inspection. The Commission orders: F rancis C. H u r n e y , K en ne th F. P l u m b , Secretary. Secretary. 1 Does not consolidate for hearing or dis­ [FR Doc.72-3419 Filed 3-6-72;8:49 am] [FR Doc.72-3479 Filed 3-6-72; 8:51 am] pose of the several matters herein.

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 NOTICES 4933

(A) Under the Natural Gas Act, par­ dafye shown in the “Date Suspended (C) Unless otherwise ordered by the ticularly sections 4 and 15, the regula­ Until” column. Each of these supple­ Commission, neither the suspended sup­ tions pertaining thereto (18 CFR, Chap­ ments shall become effective, subject to plements, nor the rate schedules sought ter I ), and the Commission's rules of refund, as of the expiration of the sus­ to be altered, shall be changed until dis­ practice and procedure, public hearings pension period without any further ac­ position of these proceedings or expira­ shall be held concerning the lawfulness tion by the respondent or by the Commis­ tion of the suspension period, whichever of the proposed changes. sion. Each respondent shall comply with is earlier. (B) Pending hearings and decisions the refunding procedure required by the By the Commission, thereon, the rate supplements herein are Natural Gas Act and § 154.102 of the reg­ [ seal] K e n ne t h P. P l u m b , suspended and their use deferred until ulations thereunder. Secretary.

’ . . , ■ Rate In Rate Sup- Amount Date Effective Date Cents per Mcf* effect sub- Docket Respondent sched- pio­ Purchaser and producing area of filing date suspended — ------jectto No. tile ment . annual tendered unless until— Rate in Proposed refund In No. No. increase suspended effect Increased docket rate No.

RI72-182-. Amerada Hess Corp. 148 4 Transwestem Pipeline Co. $8,737 1-24-72 . : ____ . . ... 3-26-72 * 16.8936 8 17.8678 RI69-93. (Gomez Field, Pecos County, Tex.) (Permian Basin). R172-183.. Koch Industries, Inc. 2 9 El Paso Natural Gas Co. (acreage 19,643 2- 2-72 ...... 8- 4-72 14.0 29.11 in San Juan County, N . Mex., RI69-537. San Juan Basin). c.-.-do...... 5 5 do______j.: ______90,736 2- 2-72 ______8- 4-72 14.0 29.11 RI65-Ô36. s____do...... 6 8 ...... do...... 13,146 2 - 1-72 ...... 8- 3-72 a___ do...... 14.0 29.11 RI65-636. 1 6 ...... do...... j ...... 8,658 ...... 2- 1-72 _¿.... 8- 3-72 14.0 29.11 R172-184.. Pubco Petroleum Corp. 16 RI69-536. 7 El Paso Natural Gas Co. (Aztec 330 2- 3-72 ...... 4- 5-72 13.2188 21.33 RI70-217. Pictured Cliffs Field, San Juan County, N . Mex., San Juan Basin). 13 25 El Paso Natural Gas Co. (Basin 51,098 2- 3-72 ...... 4- 5-72 15.2510 21.33 Dakota Field, San Juan and RI70-218. Rio Arriba Counties, N . Mex., San Juan Basin). 4 32 El Paso Natural Gas Co. (Pic­ 69,245 2- 3-72 ...... 4r 5-72 13.2188 21.33 tured Cliffs Field, San Juan RI70-217. and Rio Arriba Counties, N. Mex., San Juan Basin). •.— do. 7.. 11 El Paso Natural Gas Co. (South 2,000 2- 3-72 ...... 4- 5-72 13.2175 21.33 Blanco Pictured Cliffs Field, RI70-217. Rio Arriba County, N . Mex., San Juan Basin).

‘ Unless otherwise stated, the pressure base is 15.025 p.s.i.a. 8 Not applicable to acreage added by Supplements Nos. 28,29, and 30. » Applicable only to acreage covered by basic contract and Supplements Nos. 1-5 8 The pressure base is 14.65 p.s.i.a. thereto. The proposed increases involved here for rather than company basis. This practice (Docket No. RI72-181] sales to El Paso in San Juan Basin are based was established by Area Rate Proceeding, on a favored-nation clause which was al­ Docket No. AR61-1 et al., Opinion No. 468, MOBIL OIL CORP. legedly activated by Aztec Oil & Gas Co.'s 34 FPC 159 (1965), and affirmed by the Su­ unilateral rate increase to 29.23 cents which preme Court in Permian Basin Area Rate Order Providing for Hearing on and became effective subject to refund in Docket Case, 390 U.S. 747 (1968). In such cases as Suspension of Proposed Change No. RI71-744 on August 1, 1971. El Paso this, producer rates are approved by this Natural Gas Co. is expected to protest these Commission if such rates are contractually in Rate, and Allowing Rate Change favored-nation increases, as they have pre­ authorized and are at or below the area To Become Effective Subject to vious filings, on the basis that they are not ceiling. Refund contractually authorized. In view of the con­ (2) In the instant case, the requested in­ F ebruary 23, 1972. tractual problem presented, the hearing creases in Rate Schedule Nos. 148, 13, 4, and herein shall concern itself with the con­ 7 do not exceed the area ceiling. Respondent has hied a proposed change tractual basis for these favored-nation filings (3) By Order No. 423 (36 F.R. 3464) issued in rate and charge for the jurisdictional as well as the justness and reasonableness of February 18, 1971, this Commission deter­ sale of natural gas, as set forth below. the proposed increased rates. Those proposed mined as a matter of general policy that it increases which exceed the corresponding The proposed changed rate and charge would suspend for only 1 day a change in rate filing limitations imposed in southern may be unjust, unreasonable, unduly rate filed by an independent producer un­ Louisiana of 21.33 cents per Mcf are sus­ discriminatory, or preferential, or other­ der section 4(d) of the Natural Gas Act (15 pended for 5 months. The proposed increases U.S.C. 717c(d)) in a situation where the wise unlawful. to 21.33 cents per Mcf do not exceed the Commission decides to suspend such rate corresponding rate filing limitations imposed The Commission finds: It is in the change under section 4(e) of the Act (15 in southern Louisiana and are suspended for public interest and consistent with the U.S.C. 717c(e)). 1 day since Pubco has waived its right to Natural Gas Act that the Commission file for additional increases for a period of (4) In the discharge of our responsibili­ 1 year from the dates such increases were ties under the Natural Gas Act, this Com­ enter upon a hearing regarding the law­ filed except in the event that the Commission mission has been confronted with conclu­ fulness of the proposed change, and that sive evidence demonstrating a natural gas determines higher rates to be acceptable or the supplement herein be suspended and that the buyer and seller agree by negotiation shortage. (See Opinions Nos. 595, 598, and to higher rates. 607, and Order No. 435). The Commission its use be deferred as ordered below. AH of the producers’ proposed rates and is of the opinion in this case that the ab­ The Commission orders: breviated suspension authorized herein will charges exceed the applicable area price levels (A ) Under the Natural Gas Act, par­ for increased rates as set forth in the Com­ be consistent with the letter and intent of mission’s Statement of General Policy No. the Economic Stabilization Act of 1970, as ticularly sections 4 and 15, the regula­ 61-1, as amended (18 CFR 2.56). amended, as well as the rules and regulations tions pertaining thereto (18 CFR, Chap­ of the Price Commission, 6 CFR Part 300 Certification of A bbreviated Su spe n sio n (1972). Specifically, this Commission is of ter I ), and the Commission’s rules of Pursuant to § 300.16(1) (3) of the Price the opinion that the authorized suspension practice and procedure, a public hearing Commission rules and regulations, 6 CFR is required to assure continued, adequate shall be held concerning the lawfulness Part 300 (1972), the Federal Power Commis­ and safe service and will assist in providing sion certifies the abbreviated suspension of the proposed change. period in this case as follows: for necessary expansion to meet present and

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 No. 45— Pt. 4934 NOTICES shown in the “Date Suspended Until” quired by the Natural Gas Act and sition of this proceeding or expiration of column. This supplement shall become § 154.102 of the regulations thereunder. the suspension period, whichever is effective, subject to refund, as of the ex­ (C ) Unless otherwise ordered by the earlier. piration of the suspension period without Commission, neither the suspended sup­ By the Commission. any further action by the respondent or by the Commission. Respondent shall plement, nor the rate schedule sought to [ s e a l] K e n n e t h F. P l u m b , comply with the refunding procedure re­ be altered, shall be changed until dispo­ Secretary.

Bate in Kate Sup- Amount Date Effective Date Cents per Mcf* effect sub- Docket Respondent sched- pie- Purchaser and producing area of filing date suspended ------jectto No. ule ment annual tendered unless until— Kate in Proposed refund in No. No. increase suspended effect increased dockets rate Nos.

R 172-181.. Mobil Oil Corp...... 480 'B m Phillips Petroleum Co. (McElroy ______1-27-72 3-29-72 44 Accepted .. and Dune Fields, Crane and Upton Counties, Tex.) (Per­ mian Basin Area). .do...... do...... ______1-27-72 3-29-72 14 Accepted .do. <2 ...... do...... 1-27-72 3-29-72 44 Accepted .. .do. «3 ____ do...... ______1-27-72 3-29-72 14 Accepted __ .do. «4 ...... do...... ______1-27-72 3-29-72 44 Accepted .. .do. 1 5 ...... do...... ______1-27-72 3-29-72 44 Accepted .. .do. 8 6 ...... do...... - ...... ______1-27-72 3-29-72 44 Accepted .do. »7 ...... do...... -...... 1-27-72 3-29-72 44 Accepted .. do. » 8 ...... do...... ______1-27-72 3-29-72 44 Accepted .do. 9 ...... do...... (12) 1-27-72 .. 3-29-72

♦Unless otherwise stated, the pressure base is 14.65 p.s.i.a. i Cancels contract dated Sept. 30,1949. 1 Mobil proposes to continue percentage type sale undér'a fixed price arrangement. 8 Cancels contract dated Feb. 1,1954. 8 Contract also covers production from terminated contracts dated Apr. 20, 1951, ,• Cancels contract dated Sept. 20,1951. Sept. 30,1949, Feb. 1,1954, Sept. 20,1951, and Nov. 28,1956, except as to term, pricing Cancels contract dated Nov. 28,1956. provisions and pressure base. » N o current fixed rate—Sale previously made under a percentage type arrange­ » List of producing properties covered under this filing. ment. * Amendment dated Aug. 14,1962. w Not determinable due to prior percentage type arrangement, s Cancels contract dated Mar. 1,1949. u Unilateral rate increase. * Cancels contract dated Apr. 20,1951. 14 Accepted for filing to be effective Mar. 29,1972.

Mobil Oil Corp. has submitted a unilateral market. Although Bank is one of the rate increase to 20.98 cents per Mcf for sales FEDERAL RESERVE SYSTEM larger banks in the market, it is not oc casinghead gas to Phillips Petroleum Co. dominant. The first and third largest in the Permian Basin Area of Texas currently MERCANTILE BANCORPORATION INC. banks in the market hold, respectively, being made under six percentage type con­ 26.’4 and 23.3 percent of deposits. Appli­ tracts which were terminated in accordance Order Approving Acquisition of Bank cant’s subsidiary closest to bank is lo­ with the contract provisions effective A u ­ Mercantile Bancorporation Inc., St. gust 1, 1971. Since the unilateral rate in­ cated 40 miles northeast of Bank, and crease does not exceed the corresponding Louis, Mo., a bank holding company none of applicant's subsidiaries com­ rate filing limitations imposed in southern within the meaning of the Bank Holding petes with Bank to any significant ex­ Louisiana, the proposed increase is suspended Company Act, has applied for the tent. Furthermore, in light of the facts until March 29, 1972 (61 days after filing). Board’s approval under section 3 (a )(3 ) of record, including the large number of Mobil’s proposed rate and charge exceeds of the Act (12 U.S.C. 1842(a) (3 )) to ac­ banks in the area, Missouri’s restrictive the applicable area price level for increased quire at least 90 percent of the voting branching law, and the unattractiveness rates as set forth in the Commission’s State­ shares of Franklin County Bank and of Bank’s service area for de novo entry, ment of General Policy No. 61—1, as amended Trust Co., Washington, Mo. (Bank). (18 CFR 2.56). the development of potential competi­ Notice of receipt of the application has tion appears unlikely. It appears, there­ Certification of A bbreviated Su spe n sio n been given in accordance with section fore, that no meaningful existing com­ Pursuant to § 300.16(1) (3) of tiie Price 3(b) of the Act, and the time for filing petition would be eliminated, nor sig­ Commission rules and regulations, 6 CFR comments and views has expired. The nificant potential competition foreclosed, Part 300 (1972), the Federal Power Commis­ Board has considered the application and by consummation of applicant’s pro­ sion certifies the abbreviated suspension pe­ all comments received in the light of posal, nor that there would be adverse riod in this case as follows: the factors set forth in section 3(c) of (1) This proceeding involves producer effects on any bank in the area involved. rates which are established on an area rather the Act (12 U.S.C. 1842(c)) and finds The financial and managerial re­ than company basis. This practice was es­ that: sources and future prospects of appli­ tablished by Area Rate Proceeding, Docket Applicant, the largest banking organi­ cant, its subsidiaries, and Bank are No. AR61-1 et al., Opinion No. 468, 34 FPC zation and largest bank holding com­ regarded as satisfactory and consistent 159 (1965), and affirmed by the Supreme pany in Missouri on the basis of with approval of the application. The Court in Permian Basin Area Rate Case, 390 deposits, has six subsidiary banks with major banking needs of the Washington U.S. 747 (1968). aggregate deposits of $1.134 billion, rep­ area are being met by the existing finan­ (2) In the discharge of oùr responsibilites resenting 9.9 percent of total commer­ under the Natural Gas Act, this Commis­ cial institutions. Applicant proposes, cial bank deposits in the State. (All however, to assist Bank in providing sion has been confronted with conclusive banking data are as of June 30, 1971, evidence demonstrating a natural gas short­ trust, bond, and related corporate serv­ age. (See Opinions Nos. 595, 598, and 607, adjusted to reflect holding company ac­ ices. By means of participations with and Order No. 435). The Commission is of the quisitions and formations approved by applicant’s subsidiaries, Bank would be opinion in this case that the abbreviated the Board through January 31, 1972.) better able to increase its lending in the suspension authorized herein will be con­ Consummation of the proposal herein area of home mortgages and business sistent with the letter and intent of the Eco­ would increase applicant’s share of com­ loans. The addition of services and nomic Stabilization Act of 1970, as amended, mercial bank deposits in the State to 10.1 Bank’s increased lending capability as well as the rules and regulations of the percent. Price Commission, 6 CFR Part 300 (1972). which would be made possible by con­ Specifically, this Commission is of the opin­ Bank ($18.2 million of deposits) is the summation of the proposal should bene­ ion that the authorized suspension is re­ second largest of seven banks operating fit the residents of Bank’s service area. quired to assure continued, adequate and in the Washington banking market, Considerations relating to convenience safe service and will assist in providing for which is approximated by the northern and needs of the area are consistent necessary expansion to meet present and fu ­ half of Franklin County and the south­ ture requirements of natural gas. east comer of Warren County, and holds with and lend some weight toward ap­ [FR Doc.72-3258 Filed 3-ff-72;8:45 am ] about 23.5 percent of the deposits in the proval of the application. It is the Board’s

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7 , 1972 NOTICES 4935

judgment that consummation of the pro­ of Fabens Bank ($5.2 million in deposits). or by the Federal Reserve Bank of Dallas posed acquisition would be in the public (All banking data are as of December 31, pursuant to delegated authority. interest, and that the application should 1970.) By authority of the Board of Gover­ be approved. State Bank, Bassett Bank, Ysleta nors,4 February 29, 1972. On the basis of the record, the appli­ Bank, and Fabens Bank are the second, cation is approved for the reasons sum­ sixth, 10th, and 11th largest of 13 banks [ s e a l ] T y n a n S m it h , marized above. The transaction shall not in the El Paso SMSA and control 33.1 Secretary of the Board. be consummated (a) before the 30th percent, 2.5 percent, 1.1 percent, and 0.9 [FR Doc.72-3367 Filed 3-6-72;8:45 am] calendar day following the date of this percent, respectively, of area deposits. order or (b) later than 3 months after Applicant would become the second larg­ the date of this order, unless such period est banking organization in the area2 TRANS TEXAS BANCORPORATION, is extended for good cause by the Board, with 37.6 percent of area deposits. INC. or by the Federal Reserve Bank of St. Although all four banks whose shares Louis pursuant to delegated authority. are to be acquired by applicant are lo­ Order Approving Formation of Bank By order of the Board of Governors,4 cated in the same area, no meaningful Holding Company February 29,1972. existing or potential competition would Trans Texas Bancorporation, Inc. (Ap­ be eliminated by consummation of the plicant), El Paso, Tex., has applied for [ seal] T y n a n S m it h , proposal. State Bank and Bassett Bank Secretary of the Board. the Board approval under section 3(a) have been affiliated since 1964 through (1) of the Bank Holding Company Act common ownership (State Bank share­ [FR Doc.72-3366 Filed 3-6-72;8:45 am] (12 U.S.C. 1842(a) (1 )) of formation of a holders presently own 67.4 percent of bank holding company through acquisi­ Bassett Bank), and The Flory Co. has STATE NATIONAL BANCSHARES, INC. tion of 80 percent or more of the voting owned a substantial amount of stock of shares of El Paso National Bank (El Paso Order Approving Formation of Bank Ysleta Bank since 1962 and of Fabens Bank), First State Bank (First Bank), Bank since 1965. Since the proposal is a Northgate National Bank of El Paso Holding Company formalization of an existing banking (Northgate Bank), and Border City Bank State National Bancshares, Inc., El structure and there appears to be little (Border Ban k), all of El Paso, Tex. Paso, Tex., has applied for the Board’s likelihood of discontinuance of the pres­ Notice of receipt of the application approval under section 3(a) ( 1 ) of the ent relationships, consummation of the has been given in accordance with sec-, Bank Holding Company Act (12 U.S.C. proposal should have little effect on com­ tion 3(b) of the Act, and the time for petition in the 121 Paso area. Moreover, 1842(a)(1)) of formation of a bank filing comments and views has expired. State Bank is located in downtown 121 holding company through acquisition of The Board has considered the applica­ (1) 100 percent (less directors’ qualifying Paso, while the other three banks are tion and all comments received in the shares) of the voting shares of the suc­ suburban or rural banks which service light of the factors set forth in section cessor by merger to The State National primarily their own local areas. Based 3(c) of the Act (12 U.S.C. 1842(c)) and Bank of El Paso, El Paso, Tex. (State upon the foregoing and other facts of finds that: Bank) and (2) indirect control of 30.07 record, the Board concludes that con­ Applicant is a recently organized cor­ percent of the voting shares of Bassett summation of the proposal would not poration formed for the express purpose National Bank, El Paso, 24.99 percent of have an adverse effect on competition in of acquiring El \paso Bank ($201.4 mil­ the voting shares of Citizens State Bank any relevant area. lion in deposits), First Bank ($18.6 mil­ of Ysleta, Ysleta, and 24.27 percent of the On the record before the Board, con­ lion in deposits), Northgate Bank $14 voting shares of The First National Bank siderations relating to the financial and million in deposits) and Border Bank of Fabens, Fabens, all in Texas. The bank managerial resources and future pros­ ($1 million in deposits). (All banking into which State Bank is to be merged pects of Applicant and of each of the data are as of June 30, 1971.) These has no significance except as a means of banks whose shares are to be acquired are banks are respectively the first, fifth, acquiring all of the shares of State Bank. generally satisfactory and consistent sixth, and 13th largest of the 13 banks Accordingly, the proposed acquisition of with approval of the application. in the El Paso banking market and con­ the successor organization is treated Affiliation with applicant should en­ trol, respectively, 35.5, 3.3, 2.5, and 0.2 herein as the proposed acquisition of the able Bassett Bank,«Ysleta Bank, and percent of market deposits. Upon con­ shares of State Bank. Fabens Bank to accommodate more Notice of receipt of the application has summation of the proposal, Applicant’s easily larger loan requests, especially 41.5V percent of deposits would make it been given in accordance with section those from large manufacturing firms 3(b) of the Act, and the time for filing the largest banking organization in the locating in the El Paso area. Considera­ market. State National Bancshares, Inc., comments and views has expired. The tions relating to the convenience and Board has considered the application and whose application was approved by the needs of the communities to be served Board today, would be the second largest all comments received in the light of the are consistent with approval. It is the factors set forth in section 3 (c) of the organization with 37.6 percent of area Board’s judgment that consummation of deposits. Act (12 U.S.C. 1842(c)) and finds that: the proposed transaction would be in the Applicant is a recently organized public interest, and that the application Majority shareholders of El Paso Bank corporation formed for the express pur­ should be approved. organized First Bank in 1948, Northgate Bank in 1959, and Border Bank in 1971. pose of acquiring State Bank ($184.1 On the basis of the record, the appli­ million in deposits). The Flory Co.,1 at El Paso Bank is a full service bank serv­ cation is approved for the reasons sum­ ing the entire El Paso area, whereas the the present time a wholly owned sub­ marized above.* The transaction shall not sidiary of State Bank, owns 30.07 per­ other three serve primarily their own be consummated (a) before the 30th particular suburban area. All four banks cent of the voting shares of Bassett Bank calendar day following the date of this ($13.7 million in deposits), 24.99 percent are in the same market area and absent order or (b) later than 3 months after the common ownership would be com­ °* J sleta ■^an^; ($6.3 million in deposits), the date of this order, unless such period and 24.27 percent of the voting shares petitors to some extent despite the dis­ is extended for good cause by the Board, parities in their size. The U.S. Department of Justice ad­ 4 Voting for this action: Chairman Burns 3 This reflects the market position of Trans ana Governors Robertson, Mitchell, Daane, vised the Board that in its opinion con­ Texas Bancorporation, Inc., whose applica­ summation of the proposal would have Maisel, Brimmer, and Sheehan. tion to form a bank holding company has As a part of this transaction, The Flory been approved by the Board. a significantly adverse effect on compe­ Co. wiU become a direct subsidiary of appli- »Dissenting Statement of Governor Rob­ tition. Its advice was based on its view The Flory Co. now holds certain non- ertson filed as part of the original document. anking interests, which the Act requires Copies available upon request to the Board »Voting for this action: Governors Mitch­ inat applicant will divest Itself of within 2 of Governors of the Federal Reserve System, ell, Daane, Maisel, Brimmer and Sheehan. 7 ars, or within such other time as may be Washington, D.C. 20561, or the Federal Re­ prescribed by section 4 of the Act. Voting against this action: Governor Robert­ serve Bank of Dallas. son. Absent and not voting: Chairman Burns.

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 4936 NOTICES that the subject banks were in actual sentations therein which are summarized competition and that there was some NATIONAL CAPITAL PLANNING below. degree of impermanence in the control Insurance Company is a stock life in­ relationship. COMMISSION surance company organized under the On the basis of the record; the Board laws of South Carolina. Separate Ac­ concludes that there is no significant ex­ [NCPC File No. 0735] count, an integral part of Insurance isting competition between the banks Company, has been established for the PROTECTION AND ENHANCEMENT OF purpose of maintaining assets accruing involved. This is due to the fact that two ENVIRONMENTAL QUALITY IN NA­ individuals and their business associates from the sale of individual and group control a majority of the voting shares of TIONAL CAPITAL REGION variable annuity contracts provided by Insurance Company. Separate Account is El Paso Bank, 86 percent of the shares Policies and Procedures of First Bank, 86 percent of the shares an open-end, diversified, management of Northgate Bank, and 75 percent of the The Commission’s policies and proce­ investment company registered under the shares of Border Bank. The two individ­ dures for Protection and Enhancement Act. uals themselves control over 25 percent of Environmental Quality in the National Applicants presently offer various in­ of the voting shares of each of the three Capital Region, as amended through Au­ dividual variable annuity contracts as smaller banks. gust 9,1971, were published by the Coun­ well as “a present group variable annuity Tn view of the close relationship be­ cil on Environmental Quality on Decem­ contract”. Under a present group con­ tween the banks over a long period of ber 11, 1971 (36 F.R. 23706-23709). On tract an individual accumulation account time, and the lack of any evidence on the March 2, 1972, the Commission adopted is maintained for each participant and record that dissipation of the common the following amendments: payments are subject to a deduction of control is likely in the future, the Board 1. Delete subparagraph numbered 5.25 percent for sales and administrative concludes that present and potential “ (b )” in the first paragraph of section 2 expenses. Applicants propose to offer competition would neither be foreclosed and renumber subparagraphs “(c)” group deposit administration contracts by approval of the application nor en­ through “(i)” as subparagraphs “(b)” and group terminal funding contracts in couraged by its denial. Neither does it through “ (h) ”, respectively. addition to the present group contracts. appear that competition with and be­ 2. Amend subparagraph number “(a )” Under a deposit administration con­ tween other banks in the area would be in the first paragraph of section 3 to read tract, accumulation units are allocated affected in any significant way. as follows: to the contract owner’s general account Considerations relating to the finan­ (a) Require that each submission by Fed­ rather than to any individual participant. cial and managerial resources and future eral agencies shall include a determination When a participant reaches his retirer prospects of Applicant and the banks by the head of the agency, or other author­ ment date, an appropriate number of ac­ concerned are satisfactory and consistent ized official, as to whether an environmental cumulation units is drawn from the gen­ with approval. Since the institutions in­ statement for the project is required pur­ eral account and an annuity is effected volved are presently under common con­ suant to section 102(2) (C ) of the National for the retired individual. Applicants trol it is unlikely that consummation of Environmental Policy Act of I960. The agency assert that none of the group contracts shall submit such an environmental state­ previously offered to the public have been the proposal will have a significant effect ment, if determined to be required, or a de­ on the banking convenience and needs of scription of the environmental impact of the deposit administration contracts al­ the communities to be served, although proposed development. though the latter are described in the Applicant does propose to expand the current prospectus of the Separate services offered by the smaller banks. D aniel H. S hear, Account. Secretary to the Commission. These considerations are consistent with Under a group terminal funding con­ but provide little weight toward approval M arch 2, 1972. tract, the trustee of a retirement plan or of the applications. It is the Board’s [FR Doc.72-3442 Filed 3-6-72;8:51 am] an employer, at or prior to the time of an employee’s retirement, purchases a judgment that consummation of the retirement annuity for the benefit of said proposed transaction would be in the employee. There is no accumulation public interest, and that the application SECURITIES AND EXCHANGE period. Applicants undertake that termi­ should be approved. nal funding contracts will be offered only On the basis of the record, the appli­ COMMISSION to representatives of qualified retirement plans. cation is approved for the reasons sum­ [812-2983] marized above. The transaction shall not Applicants propose to impose deduc­ be consummated (a) before the 30th ITT VARIABLE ANNUITY INSURANCE tions for sales and administrative ex­ calendar day following the date of this CO. AND ITT VARIABLE ANNUITY penses from payments made under de­ order or (b) later than 3 months after INSURANCE CO. SEPARATE AC­ posit administration contracts within the date of this order, unless such pe­ COUNT each contract year as follows: riod is extended for good cause by the Notice of Application Pursuant for 5.25 percent of the first $20,000 of annual contributions; Board, or by the Federal Reserve Bank Exemption From Certain Provisions 4.50 percent of contributions between of Dallas pursuant to delegated M arch 1, 1972. $20,001 and $39,000; authority. 4 percent of contributions -between $40,001 Notice is hereby given that IT T Varia­ and $60,000; By order of the Board of Governors,1 ble Annuity Insurance Co. (Insurance 3.50 percent of contributions between February 29, 1972. Company) and ITT Variable Annuity $60,001 and $80,000; Insurance Co. Separate Account (Sepa­ 3 percent of contributions between $80,001 [ seal] T y n a n S m it h , and $100,000; Secretary of the Board. rate Account) (hereinafter “Appli­ cants”), 212 South Central Avenue, St. 1 percent of contributions over $100,000; [FR Doc.72-3368 Filed 3-6-72; 8:45 am] Louis, MO 63105, have filed an applica­ plus any applicable premium taxes. The tion pursuant to section 6(c) of the minimum payment under a deposit admin­ istration contract shall be $5,000. The pro­ 1 Voting for this action: Governors Mitchell, Investment Company Act of 1940 (Act) posed deduction under terminal funding Daane, Maisel, Brimmer, and Sheehan. Vot­ for an order exempting Applicants, to contracts is $100 plus a percentage deduction ing against this action: Governor Robertson. the extent described below, from the pro­ of 4 percent of the balance of the sum paid Absent and not voting: Chairman Burns. to purchase each annuitant’s benefit plus any Governor Robertson dissents for the reasons visions of sections 22(d) and 27(a) (3) of set forth in his dissent in the matter of the Act. All interested persons are re­ applicable premium taxes. the application of State National Bancshares, ferred to the application on file with the Applicants seek an exemption from Inc., to become a bank holding company, which was approved on this date. Commission for a statement of the repre­ sections 27(a)(3) and 22(d) of the Act

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 NOTICES 4937

to the extent necessary to permit im­ of the information stated in said appli­ of such service (by affidavit or, in case of position of the fee schedules described cation, unless an order for hearing any attorney at law, by certificate) shall above. Applicants assert that the exemp­ thereon shall be issued upon request or be filed contemporaneously with the re­ tions sought are necessary and appropri­ upon the Commission’s own motion. Per­ quest. At any time after said date, as ate in the public interest and consistent sons who request a hearing or advice as provided by Rule 0-5 of the rules and with the protection of investors and the to whether a hearing is ordered will re­ regulations promulgated under the Act, purposes fairly intended by the policy ceive notice of further developments in an order disposing of the application and provisions of the Act because in the this matter, including the date of the herein may be issued by the Commission normal course of events, larger sums of hearing (if ordered) and any postpone­ upon the basis of the information stated money are paid under the terms of de­ ments thereof. in said application, unless an order for posit administration contracts and ter­ For the Commission, by the Division of hearing upon said application shall be minal funding contracts than under issued upon request or upon the Com­ Corporate Regulation, pursuant to dele­ ordinary group contracts issued in con­ mission’s own motion. Persons who re­ gated authority. nection with other types of pension, quest a hearing or advice as to whether profit-sharing or savings programs. Ac­ [ seal] R onald F. H u n t , a hearing is ordered will receive notice cordingly, the proposed scales of sales Secretary. of further developments in this matter, charges will allow for decreasing [FR Doc.72-3372 Filed 3-6-72;8:46 am] including the date of the hearing (if or­ amounts of sales load to be charged as dered) and any postponements thereof. the amounts of money paid pursuant to For the Commission, by the Division the terms of the contracts increases, [811-2163] of Corporate Regulation, pursuant to del­ thereby reflecting the decreasing sales egated authority. and administrative costs necessary to NATURAL RESOURCES FUND, INC. maintain such contracts. Notice of Filing of Application for [ seal] R onald F. H u n t , Section 27(a) (3) provides that no reg­ Secretary. istered investment company issuing pe­ Order Declaring That Company Has [FR Doc.72-3373 Filed 3-6-72;8:46 am] riodic payment plan certificates and no Ceased To Be an Investment Corti- underwriter for such company may sell pany any such certificates if the amount of M arch 1, 1972. [70-5142] sales load deducted from any payment Notice is hereby given that Natural subsequent to the first 12 monthly pay­ Resources Fund, Inc. (Applicant), 1309 OHIO ELECTRIC CO. AND ments exceeds proportionately the Highland' Avenue, Abington, PA 19001, OHIO POWER CO. amount deducted from any other sub­ registered under the Investment Com­ Notice of Proposed Sale of Nuclear sequent payment. pany Act of 1940 (Act) as a management Section 22(d) provides, in pertinent open-end nondiversified investment com­ Plant to Newly Organized Subsid­ part, that no registered investment com­ pany, has filed an application pursuant iary Company and Related Trans­ pany or principal underwriter thereof to section 8(f) of the Act for an order of actions shall sell any redeemable security issued the Commission declaring that Applicant F ebruary 29,1972. by it to any person except at a current has ceased to be an investment company Notioe is hereby given that Ohio Power offering price described in the prospectus. as defined in the Act. All interested per­ Co. (Ohio Power), an electric utility Section 6 (c) of the Act provides, sons are referred to the application on subsidiary company of American Elec­ among other things, that the Commis­ file with the Commission for a statement tric Power Co., Inc. (A E P), 301 Cleve­ sion, by order upon application, may con­ of the representations set forth therein land Avenue SW., Canton, OH 44702, a ditionally or unconditionally exempt any which are summarized below. registered holding company, and Ohio person from any provision or provisions Applicant represents that no securi­ Electric Co. (Generating Company), a of the Act or of any rule or regulation . ties have been issued; that it has no newly organized subsidiary company of thereunder, if and to the extent that assets; that a proposed public offering Ohio Power, have filed an application- such exemption is necessary or appropri­ of its securities has been abandoned be­ declaration with this Commission pur­ ate in the public interest and consistent cause of current market conditions; and suant to the Public Utility Holding Com­ with the protection of investors and the that its registration statement filed un­ pany Act of 1935 (Act), designating sec­ purposes intended by the policy and pro­ der the Securities Act of 1933 is being tions 6(a ), 7, 9, 10, and 12 of the Act as visions of the Act. withdrawn. applicable to the proposed transactions. Notice is further given that any inter­ Section 8(f) of the Act, provides, in All interested persons are referred to ested person may, not later than pertinent part, that when the Commis­ the application-declaration, which is March 22, 1972, at 5:30 p.m., submit to sion, upon application, finds that a reg­ summarized below, for a complete state­ the Commission in writing a request for istered investment company has ceased ment of the proposed transactions. a hearing on the matter accompanied by to be an investment company, it shall Ohio Power proposes to transfer to a statement as to the nature of his in­ so declare by order, and upon the taking Generating Company the General James terest, the reason for such request and effect of such order the registration of M. Gavin Plant (Gavin Plant), a fossil- the issues of fact or law proposed to be such company shall cease to be in effect. fired steam electric generating station, controverted, or he may request that he Notice is further given that any inter­ which will consist of two 1,300,000-kilo­ be notified if the Commission shall order ested person may, not later than watt steam electric generating units. The a hearing thereon. Any such communica­ March 24, 1972, at 5:30 p.m., submit to first unit is scheduled fo r' commercial tion should be addressed: Secretary, Se­ the Commission in writing a request for operation in 1974 and the second unit in curities and Exchange Commission, a hearing on the matter accompanied by 1975 or later. The Gavin Plant is being Washington, D.C. 20549. A copy of such a statement as to the nature of his inter­ constructed along the Ohio River near request shall be served personally or by, est, the reason for such request, and the Cheshire, Ohio, and is estimated to cost juail (airmail if the person being served issues, if any, of fact or law proposed to approximately $500 million. The book in­ is located more than 500 miles from the be controverted, or he may request that vestment of Ohio Power in the Gavin point of mailing) upon applicant at the he be notified if the Co111111*158!011 should Plant at the time of transfer (less con­ address stated above. Proof of such serv­ order a hearing thereon. Any such com­ tract retentions, accrued taxes, and ice (by affidavit or in case of an attorney munication should be addressed: Secre­ other liabilities assumed by Generating at law by certificate) shall be filed con­ tary, Securities and Exchange Commmis- Company) is currently estimated at $50 temporaneously with the request. At any sion, Washington, D.C. 20549. A copy of million. In consideration for the transfer time after said date, as provided by Rule such request shall be served personally of the Gavin Plant, Generating Company ■0-5 of the rules and regulations pro­ or by mail (airmail if the person being will issue 1 million shares of its common mulgated under the Act, an order dis­ served is located more than 500 miles stock, par value $1 per share, and $20 posing of the application herein may be from the point of mailing) upon Appli­ million principal amount of 10-year un­ issued by the Commission upon the basis cant at the address stated above. Proof secured promissory notes, and Ohio

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 4938 NOTICES with its covenant in the bank loan Power will acquire such securities. The 1975, (ii) the date on which the bank agreement as to the maintenance of a notes will bear interest at the prime to which such note was originally issued m inim um equity capital of 35 percent of commercial loan rate of Manufacturers shall have made loans to Generating capitalization, for Ohio Power to convert Hanover Trust Co. (Manufacturers) in Company under the bank loan agreement required amounts of the subordinated effect from time to time. Such notes will in an amount equal to the commitment notes initially issued by Generating Com­ be subordinated to any debt securities of such bank, and (iii) the date of com­ pany into common equity of Generating issued by Generating Company to banks, mercial operation of Unit No. 2 of the Company. It is further proposed, there­ institutions, or the public and will be Gavin Plant, at a rate per annum equal fore, that as a part of the proposed trans­ subject to prepayment by Generating to one-half of 1 percent plus the prime actions, Ohio Power will from time to Company at any time in whole or in part commercial loan rate from time to time time either (i) donate amounts to Gen­ without premium or penalty. of Manufacturers. Generating Company will be obligated to pay to each bank erating Company as cash capital con­ Ohio Power and Generating Company tributions and concurrently receive pay­ propose to enter into a capital funds substitute interest computed at the rate of one-half percent on the daily average ments, not exceeding $20 million in the agreement, pursuant to which Ohio unused amount of the commitment for aggregate, on account of the principal of Power will supply, or cause to be sup­ the subordinated notes initially issued by plied, after the transfer of the Gavin such bank, such obligation to pay sub­ stitute interest commencing with a date Generating Company to Ohio Power or Plant, such amounts of capital as may (ii) donate to Generating Company as a be required from time to time to main­ to be specified in the bank loan agree­ ment and to terminate on the earliest of capital contribution such subordinated tain stockholder’s equity at not less than notes. 35 percent of the capitalization of Gen­ (i)., (ii)', and (iii) set forth above. The notes may be prepaid in whole or in Ohio Power intends, upon acquiring erating Company, and such amounts of part at any time without premium or the common stock of Generating Com­ capital, in addition to (i) the capital pany, to file under Rule 2 for an exemp­ made available to Generating Company penalty, unless such prepayment is made from the proceeds of, or in anticipation tion from the Act as a holding company by Ohio Power as the purchase price of of, a borrowing by Generating-Company on the basis that it will be predominantly the Gavin Plant and (ii) an amount a public-utility company whose opera­ equal at any time in question to the from banking institutions at a rate of interest equal to or less than the then tions as such do not extend beyond the amount of capital made available to State in which it is organized and States Generating Company under a bank loan applicable interest rate on the notes, in which event Generating Company will be contiguous thereto. agreement (described below), as required obligated to pay a premium in an amount for Generating Company to continue to Fees and expenses to be incurred in own, and to complete construction of, equivalent to interest at the rate of one- connection with the proposed transac­ fourth of 1 percent per annum on the the Gavin Plant, to provide for pre­ tions are to be filed by amendment. It operating and other expenses, and to per­ amount of such prepayment from the is stated that the issuance of the com­ mit the commercial operation of the date thereof to May 31, 1979. The effec­ mon stock and the subordinated notes tive cost of borrowing to Generating by Generating Company, and the issu­ Gavin Plant. Company under the bank loan agree­ ance of the notes by Generating Com­ Ohio Power and Generating Company ment, after the full $300 million has been pany under the bank loan agreement, also propose to enter into a power agree­ borrowed, assuming compensating bal­ will in each case be subject to the au­ ment, pursuant to which Generating ances to be maintained with each of the thorization of The Public Utilities Com­ Company will make available, or cause banks in an amount of 15 percent of the mission of Ohio. It is further stated that to be made available, to Ohio Power all amount of the loans, and assuming a the capital funds agreement and the power available at the Gavin Plant, and prime commercial credit rate equal to power agreement will be the subject of Ohio Power will pay to Generating Com­ the prime commercial credit rate of an application to, and will be author­ pany, in consideration for the right to Manufacturers of 4% percent in effect ized by, the Ohio Commission and that receive all such power, such amounts on January 31, 1972, would be 6.18 per­ no other State commission and no Fed­ from time to time as, when added to cent per annum. eral commission, other than this Com­ amounts received by Generating Com­ It is stated that the total indebtedness mission, has jurisdiction over the pany from all other sources, will at least of Generating Company for borrowed proposed transactions. be sufficient to enable Generating Com­ money, including the subordinated notes pany to pay, when due, all of its operat­ Notice is further given that any in­ terested person may, not later than ing and other expenses, including (i) any -to be issued to Ohio Power and exclud­ ing short-term debt, as defined, in a March 20, 1972, request in writing that a amount which Generating Company may principal amount not exceeding 10 per­ hearing be held on such matter, stating be required to pay on account of prin­ cent of capitalization (exclusive of short­ the nature of his interest, the reasons cipal and interest and (ii) such addi­ term debt of Generating Company), will for such request, arid the issues of fact tional amount as is necessary after any not, after giving effect to the issuance of or law raised by said application- required provision for taxes on, or meas­ the notes to banks, the subordinated declaration which he desires to contro­ ured by, income to enable Generating notes, any other long-term debt subse­ vert; or he may request that he be noti­ Company to pay required dividends on quently issued, and the application of fied if the Commission should order a any preferred stock which it may issue the proceeds thereof, exceed 65 percent hearing thereon. Any such request should and such amount as will represent a fair of the capitalization (exclusive of short­ be addressed: Secretary, Securities and return on the common stock equity of term debt) of Generating Company. It is Exchange Commission, Washington, D.C. Generating Company as may be per­ further stated that Generating Company 20549. A copy of such request should be mitted by governmental regulatory au­ intends, from time to time, subject to served personally or by mail (airmail if thorities having jurisdiction. requisite regulatory authorization, to is­ the person being served is located more Generating Company proposes to issue sue and sell long-term securities to the than 500 miles from the point of mail­ its unsecured promissory notes to a group public. The proceeds of such securities ing) upon the applicants-declarants at of 17 banks pursuant to a bank loan will be utilized for construction or to the above-stated address, and proof of agreement in an aggregate principal prepay the notes issued under the bank service (by affidavit or in case of an at­ amount up to $300 million. The proceeds loan agreement, and, to the extent that torney at law, by certificate) should be will be utilized by Generating Company such notes remain outstanding at filed with the request. At any time after for the construction of, and the acquisi­ May 31, 1979, Generating Company will said date, the application-declaration, as tion of equipment and materials for, the pay such notes as shall then be outstand­ filed or as it may be amended, may be Gavin Plant, and for other corporate ing from internal cash resources and granted and permitted to become effec­ purposes. The notes will mature on from the issuance and sale of long-term tive as provided in Rule 23 of the general May 31, 1979, and will bear interest at a securities. rules and regulations promulgated under rate equal to one-fourth of 1 percent As notes are issued under the bank the Act, or the Commission may g ^ f “ plus the prime commercial loan rate exemption from such rules as provided i from time to time of Manufacturers and, loan agreement, it will be necessary, to Rules 20(a) and 100 thereof or take such after the earliest of (i) December 31, enable Generating Company to comply

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 NOTICES 4939

other action as it may deem appropriate. (3) Supervisory Loan Officer, District MC 1872 Sub 76, Ashworth Transfer, Inc., and Persons who request a hearing or ad­ LA Division, if assigned. MC 43716 Sub 28, Bigge Drayage Co., now vice as to whether a hearing is ordered (4) Supervisory Loan Officer, LA Di­ assigned for hearings on March 6, through will receive notice of further develop­ vision, Gulfport, Miss., Branch Office. March 16, 1972, at Los Angeles and San ments in this matter, including the date Francisco, Calif., Portland, Oreg., and Den­ c. Except: To compromise or sell any ver, Colo., canceled and reassigned to of the hearing (if ordered) and any primary obligation or other evidence of March 6, 1972, at the Miyako Hotel, Post postponements thereof. indebtedness owed to the Agency for a and Laguna Streets, San Francisco, Calif. For the Commission, by the Division sum less than the total amount due MC 114004 Sub 109, Chandler Trailer Convoy, of Corporate Regulation, pursuant to thereon; to deny liability of the Small Inc., assigned March 8, at Dallas, Tex., can­ celed and application dismissed. delegated authority. Business Administration under the terms of a participation or guaranty agree­ [ seal] R obert L. O sw ald , [ seal! R onald F. H u n t , ment, or the assertion of a claim for re­ Secretary. Secetary. covery from a participating bank under [FR Doc.72-3437 Filed 3-6-72;8:50 am ] [PR Doc.72-3374 Filed 3-6-72;8:46 am] any alleged violation of a participation or guaranty agreement; to authorize the liquidation of a loan other than a dis­ FOURTH SECTION APPLICATION FOR PRECISION SOUND CENTERS, INC. aster home , loan and the cancellation of RELIEF Order Suspending Trading authority to liquidate any loan other than a disaster home loan. M arch 2, 1972. M arch 1, 1972. (1) Chief, District LA Division, Los Protests to the granting of an applica­ It appearing to the Securities and Angeles District Office. tion must be prepared in accordance with Exchange Commission that the summary Effective date: February 15, 1972. Rule 1100.40 of the General Rules of suspension of trading in the ‘common Practice (49 CFR 1100.40) and filed stock, $0.01 par value, of Precision Sound T homas S. K leppe, within 15 days from the date of publica­ Administrator. Centers, Inc., being traded otherwise tion of this notice in the F ederal than on a national securities exchange is [FR Doc.72-3371 Filed 3-6-72;8:46 am] R egister. required in the public interest and for the protection of investors: L ong- and-S hort H aul It is ordered, Pursuant to section 15 FSA No. 42364— Coffee to Detroit, (c) (5) of the Securities Exchange Act INTERSTATE COMMERCE Mich. Filed by M. B. Hart, Jr., agent (No. of 1934, that trading in such securities A6299), for interested rail carriers. Rates otherwise than on a national securities COMMISSION on coffee, roasted, or coffee, extract of exchange be summarily suspended, this (condensed, instant, or soluble coffee) , order to be effective for the period from ASSIGNMENT OF HEARINGS dry, in carloads, as described in the ap­ March 2, 1972, through March 11, 1972. plication, from Jacksonville and South M arch 2, 1972. Jacksonville, Fla., to Detroit, Mich. By the Commission. Cases assigned for hearing, postpone­ Grounds for relief— Market competi­ ment, cancellation or oral argument ap­ *. [ seal] R onald F. H u n t , tion. Secretary. pear below and will be published only once. This list contains prospective as­ Tariff— Supplement 79 to Southern [FR Doc.72-3375 Filed 3-6-72;8:46 am] signments only and does not include Freight Association, agent, tariff ICC cases previously assigned hearing dates. S-750. Rates are published to become ef­ The hearings will be on the issues as fective on April 6,1972. SMALL BUSINESS presently reflected in the Official Docket By the Commission. of the Commission. An attempt will be made to publish notices of cancellation [ seal] R obert L. O sw ald , ADMINISTRATION of hearings as promptly as possible, but Secretary. [Delegation of Authority 30 (Rev. 13), interested parties should take appropri­ [FR Doc.72-3436 Filed 3-6-72;8:50 am ] Arndt. 11] ate steps to insure that they are notified of cancellation or postponements of SUPERVISORY LOAN OFFICER, RE­ hearings in which they are interested. [Notice 23] GIONAL LA DIVISION, LOS AN­ MC 61231 Sub 58, Ace Lines, Inc., assigned MOTOR CARRIER TRANSFER GELES DISTRICT OFFICE, ET AL. for bearing May 23, 1972, at St. Louis, Mo., in a hearing room to be later designated. PROCEEDINGS Delegation of Authority To Conduct MC 135649 Sub 1, Friederich Truck Service, M arch 2, 1972. Inc., assigned for bearing May 22, 1972, at Program Activities in the Field Synopses of orders entered pursuant to Offices St. Louis, Mo., in a bearing room to be later designated. section 212(b) of the Interstate Com­ Delegation of Authority No. 30 (Revi­ MC 135944, Air Cargo Transporters, Inc., as­ merce Act, and rules and regulations sion 13) (36 F.R. 5881), as amended (36 signed for hearing May 24, 1972, at St. prescribed thereunder (49 CFR Part PR. 7625, 36 F.R. 11129, 36 F.R. 13713, Louis, Mo., in a bearing room to be later 1132), appear below: designated. 36 F.R. 14712, 36 F.R. 15769, 36 F.R. As provided in the Commission’s spe­ FD 26825, St. Louis-San Francisco Railway 22876, 36 F.R. 23421, 36 F.R. 25194, 37 Co. abandonment between Winona and cial rules of practice any interested per­ F.R. 2615, and 37 F.R. 3581) is hereby Chicopee, in Shannon and Carter Counties, son may file a petition seeking recon­ further amended to provide certain au­ Mo., assigned for hearing May 15, 1972, at sideration of the following numbered thorities in connection with disaster Van Buren, Mo., in a hearing room to be proceedings within 20 days from the date home loans to the Chief, Loan Adminis­ later designated. of publication of this notice. Pursuant tration Division, Lofc Angeles District FD 26879, St. Louis-San Francisco Railway to section 17(8) of the Interstate Com­ Office. Co. abandonment between Senath, Mo., and merce Act, the filing of such a petition Leachville, Ark., FD 26879 Sub 1, St. Louis- will postpone the effective date of the Part m , Section A, paragraph 1 is San Francisco Railway Co. abandonment revised to read as follows: between Madrid County, and Holcomb, order in that proceeding pending its dis­ Section A. * * * position. The matters relied upon by pe­ 1. * * * Dunklin County, Mo., FD 26879 Sub 2, St. Louis-San Francisco Railway Co. abandon­ titioners must be specified in their peti­ a. * * * ment between Campbell and Gibson, Dunk­ tions with particularity. b. * * * lin County, Mo., and FD 26879 Sub 3, St. No. MC-FC-73352. By order of Febru­ (1) Supervisory Loan Officer, Regional Louis-San Francisco Railway Co. abandon­ LA Division. ment between Malden and Clarkton, Dunk­ ary 25, 1972, the Motor Carrier Board lin County, Mo., assigned for hearing May approved the transfer to Totem Toters, (2) Chief, District LA Division, except 17, 1972, at Malden, Mo., in a hearing room Inc., Anchorage, Alaska, of the operat­ Los Angeles District Office. to be later designated. ing rights set forth in certificates Nos.

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 4940 NOTICES wood, N.J., which holds a license in No. MC-118758 (Sub-No. 1) and MC-118758 No. MC-FC-73457. By order of Feb­ MC-12762 authorizing operations as a (Sub-No. 3), issued May 26 and 27, 1964, ruary 25, 1972, the Motor Carrier Board broker at Maplewood, N.J., in connec­ respectively, to J. L. Houck (Ardis Oreal approved the acquisition by Data Trans­ tion with the transportation of passen­ Houck, Executrix), doing business as portation Co., Inc., San Jose, Calif., of gers and their baggage, in round-trip, White Birch Trailer Sales & Service, An­ control of Data Transportation Sales special and charter, all-expense ski chorage, Alaska, authorizing the trans­ Co., Inc., San Jose, Calif., which holds a license in No. MC-12465 issued March 8, tours, during the season extending from portation of mobile homes, between November 1 to March 31 of each year, points in Alaska (except that area south­ 1971, authorizing it to engage in oper­ ations as a broker at Salt Lake City, beginning and ending at specified points east of Yakutat B a y ), on the one hand, in New Jersey and extending to points in and, on the other, points in California, Utah, and Los Angeles, Calif., in connec­ tion with transportation by motor ve­ Connecticut, Massachusetts, New Hamp­ Oregon, Washington, Wisconsin, Michi­ shire, Vermont, New York, and Pennsyl­ gan, Indiana, Kentucky, and Tennessee; hicle of household goods, as defined by the Commission, between points in Utah, vania, Edward F. Bowes, 744 Broad and between points in Alaska (except Street, Newark, NJ 07102, attorney for points in that area southeast of Yakutat Arizona, California, Colorado, Idaho, applicants. B a y ), David J. Free, 101 Christensen Montana, Nevada, Oregon, Washington, Drive, Anchorage, A K 99501, attorney for and Wyoming, on the one hand, and, on No. MC-FC-73472. By order of Feb­ applicants. the other, points in the United States, ruary 25, 1972, the Motor Carrier Board Elliott Bunce, 618 Perpetual Building, approved the transfer to Trombly Mo­ No. MC-FC-73433. By order of Febru­ Washington, D.C. 20004, attorney for tor Coach Service, Inc., North Andover, ary 25, 1972, the Motor Carrier Board applicants." Mass., of the operating rights in certif­ approved the transfer to American icates Nos. MC-116313 and MC-116313 Freight Line, Inc., Kansas City, Mo., of No MC-FC-73458. By order of Febru­ (Sub-No. 2) issued March 27, 1957, and the operating rights in certificates Nos. ary 25, 1972, the Motor Carrier Board approved the transfer to Salvatore V. June 14, 1967, respectively, to Francis MC-18061, MC-18061 (Sub-No. 1), and J. Trombly, doing business as Trombly MC-18061 (Sub-No. 2) issued June 21, Lascari and Vito Lascari, a partnership, doing business as S. V. Lascari and Son, Motor Coach Service Co., Andover, Mass., 1955, April 13,1960, and October 18,1968, authorizing the transportation of pas­ respectively, to Roy R. Caswell, Louis- Lodi, N.J., of that portion of the operat­ ing rights set forth in certificate No. sengers and their baggage, between burg, Kans., authorizing the transporta­ Lawrence, Mass., and Manchester, N.H., tion of general commodities, with excep­ MC-32144 issued October 13, 1959, to A & J Limone, Inc., Teaneck, N.J., au­ serving all intermediate points, and be­ tions, from Kansas City, Mo., over speci­ tween junction New Hampshire High­ fied routes, to Bucyrus, Kans., serving thorizing the transportation of house­ hold goods, as defined by the Commis­ way 28 and Harvey Road (town of specified intermediate and off-route Manchester, Hillsboro County, N.H.) points with restrictions; between Am­ sion, between points in Bergen, and Hud­ son Counties, N.J., on the one hand, and, and junction New Hampshire Highway sterdam, Mo., and points within 25 miles 28 and Goffs Falls Road (town of Lon­ of Amsterdam, on the one hand, and, on on the other, New York, Connecticut, Pennsylvania, and New Jersey, John M. donderry, Rockingham County, N.H.), the other, Kansas City, Mo., and Kansas serving the intermediate point of the City, Kans.; and between points within Zachara, Post Office Box Z, Paterson, NJ 07509, practitioner for applicants. U.S. Army- Air Base in the town of 25 miles of Amsterdam, Mo., including Manchester, Hillsboro County, N.H.; Amsterdam; household goods, as defined No. MC—FC-73462. By order of Feb­ and passengers, in special operations, by the Commission, between Bucyrus, ruary 25, 1972, the Motor Carrier Board beginning and ending at Andover, Haver­ Kans., and points within 20 miles approved the transfer to William H. hill, Lawrence, Methuen, and North thereof, on the one hand, and, on the McCammon, doing business as McCam- Andover, Mass., and extending to Derry, other, points in Missouri; between Bucy­ mon Truck Line, Route 1, Parker, Kans. Dover, Exeter, Goffs Falls, Hudson, Jaf- rus, Kans., and points within 15 miles 66072, of the operating rights in certifi­ frey, Manchester, Nashua, Portsmouth, thereof, on the one hand, and, on the cate No. MC-3422 issued May 26, 1971, to Salem, and Seabrook, N.H., and Central other, Kansas City, Kans.; and between Thomas W. King, doing business as King Falls and Pawtucket, R.I., Robert G. Amsterdam, Mo., and points within 25 Truck Line, Route 1, Parker, Kans. Bleakney, Jr., 225 Franklin Street, Bos­ miles of Amsterdam, on the one hand, 66072, authorizing -the transportation of ton, M A 02110, attorney for applicants. and, on the other, points in Kansas and agricultural commodities, over a regular Missouri; and various specified commod­ route from Parker, Kans., to Kansas [ s e a l ] R obert L. O s w a l d , ities, from, to, and between specified City, Mo.; general commodities, usual Secretary. points in Missouri and Kansas, serving exceptions, from Kansas City, Mo., over [FR Doc.72-3434 Filed 3-6-72;8:50 am] specified intermediate and off-route a regular route to Parker, Kans.; live­ points; and from, to, and between points stock, from Oentreville, Kans., td Kan­ [Notice 23-A] in Kansas and Missouri, Clyde N. sas City, Mo.; feed, livestock, farm ing Christey, 641 Harrison, Topeka, KS machinery, and building material, from MOTOR CARRIER TRANSFER 66603, attorney for applicants. Kansas City, Mo., to Centreville, Kans., ' PROCEEDINGS and livestock, between Parker, Kans., No. MC-FC-73455. By order of Febru­ M arch 2,1972. and points within 25 miles thereof, on ary 25, 1972, the Motor Carrier approved the one hand, and, on the other, Kansas Application filed for temporary au­ the transfer to Butterworth & Sons, Inc., City, Mo., and Kansas City, Kans. thority under section 210a(b) in con­ Fairfield, Conn., of the operating rights nection with transfer application under of in certificates Nos. MC-124523 and No. MC-FC-73264. By order of Febru­ section 212(b) and Transfer Rules, 49 ary 25, 1972, the Motor Carrier Board MC-124523 (Sub-No. 2) issued March 19, CFR Part 1132: approved the transfer to James E. G rif­ 1971, and December 23, 1971, respec­ No. MC-FC-73521. By application filed tively, to Henry A. Butterworth, doing fin & Sons, Inc., Hanover, Mass., of a February 29, 1972, RICHMOND TRANS­ business as Butterworth & Sons, Fair- portion of the operating rights in certifi­ cate No. MC-27965 issued December 8, FER, INC., Post Office Box 295, Rich­ field, Conn., authorizing the transporta­ mond, MO 64095, seeks temporary tion of general commodities, with ex­ 1952 to Davis Transportation Co., Inc., West Acton, Mass., authorizing the authority to lease the operating rights ceptions, between Bridgeport, Hamden, of KNAUS TRUCK LINE, INC., R.F.D. Norwalk, and Waterbury, Conn., on the transportation of new furniture from Concord and Acton, Mass, to a described No. 3, Liberty, Mo. 64068, under section one hand, and, on the other, New York 210a(b). The transfer to RICHMOND International (Kennedy) and La area of New York, Frederick T. O ’Sulli­ van, 372 Granite Avenue, Milton, Mass. TRANSFER, INC., of the operating Guardia Airports, New York, N.Y., and rights of KNAUS TRUCK LINE, INC., IS Newark Airport, Newark, N.J.; and be­ 02186; attorney for applicants. presently pending. tween New Haven, Conn., on the one No. MC-FC-73468. By order of Febru­ By the Commission. hand, and, on the other, East Haven, ary 25, 1972, the Motor Carrier Board West Haven, and Hamden, Conn., sub­ approved the acquisition by Youth Sport [ s e a l ] R obert L. O s w a l d , ject to restrictions, Thomas W . Murrett, Secretary. 842 North Main Street, West Hartford, and Camp Tours, Inc., Millbum, N.J., of [FR Doc.72-3435 Filed 3-6-72;8:50 am] CT 06117, attorney for applicants. control of Alpine Ski Tours, Inc., Maple­ FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 FEDERAL REGISTER 4941 CUMULATIVE. LIST OF PARTS AFFECTED— MARCH

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 March.

3 CFR Page 14 CFR—Continued Page 24 CFR Page Ex e c u t iv e O r d e r s: P roposed R u l e s : 201______-- 4256 October 28, 1912 (revoked in part 39------_ 4721, 4919 215-_____ 4256 by PLO 5163) —______4713 71_------4357, 4721, 4722 1914 _ 4434 January 14, 1915 (revoked in part 121_i------4358 1915 _ 4435 by PLO 5163)______4713 250______4722 11052 (superseded by EO 11651) __ 4699 373— _____ 4452 25 CFR 11214 (superseded by EO 11651) __ 4699 399______4722 233______11651______!______4699 4910 15 CFR 29 CFR 5 CFR 701______4325 55------4436 213. 4325 101 ------4911 316. 4256 16 CFR 102 ------4911 930- 4325 13— *— ------4246-4255 31 CFR 501 ______;____ 4429 6 CFR 332______4944 P roposed R ules: 201____ 4899 303------4724-4726 32 CFR 7 CFR 70_. 4257 17 CFR 301. 4334 47______4705 230 ------_------4327 730_____ 4899 231 ------4327 32A CFR 811_____ 4706 239 ------4329 Ch.X : 906 ______4707 240 ------4329, 4330, 4708 OI Reg. 1— ------4259, 4260 907 ______4342 249------4830, 4331 908— '_ 4342 P roposed R ules: 33 CFR 910------4708, 4899 987______230------__------1____ 4359 117------4432,4433 207------4337 993______239 ------4359, 4365 1046______240 ------4454 P roposed R u l e s : 1137 _ 249______.______4365 80------4292 95— ;------4292 P roposed R u l e s : 18 CFR 117------4451, 4452 301 P roposed R ules: 319______38 CFR 911______101------4724 ______4345 104 ______4724 21______4912 929______946______105 ------4724 141------4724 CFR 987______154------4724 1065_____ . 180------4338, 4912, 4913 201------4724 1133______P roposed R u l e s : 1804______204 ------4724 205 _____ 4724 164------4298 1823______260_____ 4724 41 CFR 9 CFR 19 CFR 8- 52__. — ------4257 97______19______4905 9 - 1______------1 ------4913 P roposed R u l e s : 9-5____ ------4914 3______20 CFR 9-7____ ------4914 9-8____ ------4915 318 _ 405------4711 9-16— ------— 4915 12 CFR 21 CFR Ch. 12. ------4802 14-1— ------_ 4710 201___ 27_ ------4905 14-2------_------4710 14-16------4710 P roposed R u l e s : 121------4331, 4332, 4711, 4712 14-30— ------4710 225_____ 135------4332, 4333,4429 135b------4332, 4333 114-35------4257 135c------4333, 4430 13 CFR 135e------4429 42 CFR 141------4431, 4906 P roposed R u l e s : 90. 4915 141a------4906, 4907 120. 4365 144 ------4712 43 CFR 14 CFR 145 -—— ------!------4431 146a------4907 P u b l ic L a n d O r ders: 21 ______4325 148w------4334, 4906 5163 ------4713 39------4701, 4702, 4900-4902 149b------4906 5164 ------4713 ------4325,4326, 4702-4704, 4902, 4903 149d------4907 5165 ------4916 149U------4431 I”--—------4326, 4903 P roposed R u l e s : 191------4909 lo------4326, 4704, 4904 1720------4262 P roposed R u l e s : 4110------4262, 4263 3------»._____ 4918 4120------— 4262, 4263 ------4904 148e------4357 4130------4262, 4263

No. 45— Pt. I- 4942 FEDERAL REGISTER

Page ^ Page Page 4 5 CFR 46 CFR— Continued 49 CFR P roposed R ules—Continued P roposed R u l e s : 393— ___ - ...... ____ 4340 75______4292 118______— 4721 1005______4257 90______4292 143______4721 1033____ — ______4429, 4917 91_____ — ------____ 4292 92 ------4292, 4357 P roposed R u l e s : 4 6 CFR 93 ______4292 172 ____ ------4295 P roposed R u l e s : 94^______4292 173 ______4295 4292 ____ 4292 10______—- 112______174— ______4295 25______4292 146______4294 ____ 4295 30 ______4292 180______4292 % 177— —______4295 31 ____ 4292 187 ______4292 178 ...... ____ 4292 ____ 4295 32 ____ 4292 188 _------179 ______190— ______4292,4357 ____ 4727 33 ____ 4292 1048______192______4292 4292 34_.l______50 CFR 61______4292 47 CFR 33------4342 70__— ______4292 73______4339,4714 240______4714 71 ____ 4292 81------* ------____ 4441 ____ 4441 280____ ———. 4715 72 ____ 4357 83______P roposed R ules: 2____ - ...... — ...... 4454

LIST OF FEDERAL REGISTER PAGES AND DATES— MARCH

Pages Date 4239-4318. Mar. 1 4319-4424. 2 4425-4692. 3 4693-4891. 4 4893-4945. 7 TUESDAY, MARCH 7, 1972 WASHINGTON, D.C.

Volume 37 ■ Number 45

PART II

DEPARTMENT OF THE TREASURY

Fiscal Service, Bureau of the Public Debt

■

U.S. SAVINGS BONDS, SERIES H

Dept. Circular No. 905, 5tli Rev., as amended, First Supplement 4944 RULES AND REGULATIONS Title 31— MONEY AND FINANCE: TREASURY Chapter II— Fiscal Service, Department of the Treasury SUBCHAPTER B— BUREAU OF THE PUBLIC DEBT PART 332— OFFERING OF UNITED STATES SAVINGS BONDS, SERIES H Miscellaneous Amendments The tables to Department Circular No. 905, Fifth Revision, dated December 12, 1969, as amended (31 CFR Part 332), are hereby supplemented by the addition of Tables 2-A, 3-A, 23-A, and 24-A, as set forth below. Dated: February 18,1972. J o h n K . C a r l o c k , [SEAL] Fiscal Assistant Secretary.

TABLE 2-A BONDS BEARING ISSUE DATES FROM JUNE 1 THROUGH SEPTEMBER 1, 1952 1

Approximate investment yield (annual percentage $500 $1,000 $5,000 $10,000 Face ralue|jie(jenlpt|on an(j maturity value...... 500 1,000 5,000 10,000 (2) From beginning (3) For (4) From each interest (1) Amounts of interest checks for each denomination of second ex­ half-year period tended maturity preceding in- payment date to Period of time bond is held after extended maturity aate terest payment second extended SECOND EXTENDED MATURITY PERIOD period to each interest payment date maturity date

Percent Percen t Percent 5.50 $27.50 $137.50 $275.00 6.50 5.50 $13.76 5.50 5.50 ...... (2/1/73) 13.75 27.60 . 5.60 27.60 5.50 ...... (8/1/73) 13.75 5. 50 5.50 ...... (2/1/74) 13.75 27. 50 5.50 27.60 . 5. 50 ...... (8/1/74) 13.75 6.50 5.50 ...... (2/1/75) 13.75 27.50 5.50 27.50 5. 50 ...... (8/1/75) 13.75 5. 50 5.50 (2/1/76) 13.75 27. 50 5.50 27.50 5. 50 ...... (8/1/76) 13.75 5. 50 5.50 ...... (2/1/77) 13. 75 27.50 5.50 27.50 5.50 ...... - (8/1/77) 13.75 5. 50 6.50 ...... (2/1/78) 13.75 27. 50 6.50 5.50 ...... (8/1/78) 13.76 27.50 5.50 6.50 ...... (2/1/79) 13.76 27.50 6.50 6.50 ...... (8/1/79) 13.75 27.50 5.60 27.60 6.50 ...... (2/1/80) 13.75 5. 50 6.50 (8/1/80) 13.75 27.50 “I " ¿X 5.60 27.50 5. 50 ...... (2/1/81) 13.75 5. 50 5.60 ...... (8/1/81) 13.75 27.50 2”5 00 27.50 137.50 275.00 5.50 10 years (second extended maturity) 5------— ...... (2/1/82) 13.75

» 29 years and 8 months after issue date...... „ « Yield on purchase price from issue date to second extended maturity is 3.97 percent.

TABLE 3-A BONDS BEARING ISSUE DATES FROM OCTOBER 1, 1952 THROUGH MARCH 1, 1953 1 $10,000 Approximate investment yield (annual percentage $500 $1,000 $5,000 _ . (Issue price______10,000 rate)______/______' race ™ ue\Redemption and maturity value - 500 1,000 5,000

beginning (3) For (4) (1) Amounts of interest checks for each denomination rif ^ n d half-yea^period Period of time bond is held after extended maturity date SECOND E X T E N D E D M A T U R IT Y PERIOD.period t o ^ c h terest^ayment s e c o n d g ^ e date

Percen t Percent Percent 6.50 5.50 5.50 . 2(12/1/72) $13.75 $27.50 $137.50 $27100 5.50 27.50 137.50 5.50 ... (6/1/73) 13.75 5.50 5.50 .. (12/1/73) 13.75 27. 60 137.50 5.50 27.60 137.50 5.50 ... (6/1/74) 13.75 5.50 6.50 .. (12/1/74) 13.-75 27. 50 137.50 ’ 5.50 27.50 137.50 5.50 ... (6/1/75) 13.75 r’ rn 5.50 5.50 .. (12/1/75) 13.76 27.50 137.50 5.50 27.50 137.50 5.50 ... (6/1/76) 13.75 5.50 5.50 .. (12/1/76) 13.75 27. 50 137.60 5.50 27. 50 137.50 5.50 ... (6/1/77) 13.75 5.50 6.50 .. (12/1/77) 13.75 27.50 137.50 5.50 27.50 137:50 6.50 ... (6/1/78) 13.75 5.50 5S60. .. (12/1/78) 13.75 27.60 137. 50 5.50 137.50 6.50 ... (6/1/79) - 13.75 27.50 5.50 6.«) .. (12/1/79) 13.75 27. 50 137.50 5.50 27.50 137.50 5.50 ... (6/1/80) 13.75 5.50 5.50 . |g " .. (12/1/80) 13.75 27.50 137.50 6.60 27.50 137.50 5.50 ... (6/1/81) 13.75 5.50 6.50 .. (12/1/81) 13.76 27. 50 137.50 27.50 137.50 5.50 10 years (second extended maturity) *------.. (6/1/82) 13.75 • \ ; saia Sanrfif * : f t o second „tended mstnrit, date on bonds d .M ; Oct. 1 end Nov. 1, .%2 ,s 3.99 pen»«!; Dec. * 1 « through Mar. 1. W f . * - percent.

FEDERAL REGISTER, VOL. 37, NO. 45— TUESDAY, MARCH 7, 1972 RULES AND REGULATIONS 4945

TABLE 23-A BONDS BEARING ISSUE DATES PROM JANUARY 1 THROUGH MAY 1, 1962 1

Issue price______; ______Face value! $500 $1,000 $5,000 $10,000 Approximate investment yield Redemption and maturity value. 500 1,000 5,000 ' 10,000 (annual percentage rate)

(2) From (3) For (4) From (1) Amounts of interest checks for each denomination beginning half-year period each interest Period of time bond is held after maturity date of extended preceding payment date EXTENDED MATURITY PERIOD maturity period interest to extended to each interest payment date maturity payment date

Percen t Percen t Percen t )4year...... -...... ------K7/1/72) $13.75 $27.50 $137,50 $275.00 5.50 5.50 5.50 lyear...... - ...... (1/1/73) 13.76 27.50 137.50 275.00 5 50- 5.50 5.50 1 yi years...... -...... - ...... (7/1/73) 13.75 27.50 137.50 275.00 5.50 5.50 5. 50 2years...... ------(1/1/74) 13.75 27.50 137.50 275.00 5.50 5.50 5. 50 2)4 years...... (7/1/74) 13.75 27.50 137.50 275.00 5 50 5.50 6. 50 3 years...... (1/1/75) 13.75 27.50 137.50 .275.00 5.50 5.50 5. 50 3)4 years...... (7/1/75) 13.76 27.50 137. 50 275.00 5 50 5.50 5. 50 4 years...... _•....—-----...... (1/1/76) 13.75 27.50 137.50 275.00 5.50 5.50 5. 50 1)4 years...... (7/1/76) 13.75 27.50 137. 50 275.00 5.50 5.50 5.50 Byears______* _____ t___ _ —- ...... (1/1/77) 13.75 27.50 137.50 275.00 5.50 5.60 5. 50 5)4 years...... - (7/1/77) 13.75 27.50 137.50 275.00 5 50 5.50 5.50 Byears...... (1/1/78) 13.75 27.50 137. 50 275.00 5.50 5.60 5.50 6)4 years...... - (7/1/78) 13.75 27.50 137.50 ' 276.00 5 50 5.50 5. 50 7years...... ■___ ...... - (1/1/79) 13.76 27.50 137.50 275.00 5.50 5.50 6. 50 7)4 years...... (7/1/79) 13.75 27.50 ' 137. 50 275.00 5 50 5.50 5.50 8years______------d/1/80) 13.75 27.50 137.50 275.00 5.50 5.50 5.50 8)4 years...... ------— - (7/1/80) 13.76 27.50 137.50 275.00 5.50 5.50 5. 50 9 years...... ------(1/1/81) 13.75 27.50 137.50 275.00 5.50 5.50 5. 50 9)4 years______------(7/1/81) 13.75 27.50 137.50 275.00 5.50 5. 50 5.50 10 years (extended maturity) 3...... (1/1/82) 13.75 27.50 137.50 275.00 4 5.5Q 5.50

! ?,his,Ìal)Ì e does ?ot aPf>ly If the prevailing rate for Series H bonds being issued at the time the extension begins is different from 5.50 percent. Month, day, and year on which interest check is payable on issues of Jan. 1,1962. For subsequent issue months add the appropriate number Of months 3 20 years after issue date. * Yield on purchase price from issue date to extended maturity is 4.63 percent.

TABLE 24-A BONDS BEARING ISSUE DATES FROM JUNE 1 THROUGH NOVEMBER 1, 1962 3

Face value(Issue price______: ______?500 $1,000 $5,000 $10,000 .. Approximate investment yield Redemption and maturity value. 500 1,000 5,000 10,000 (annual percentage rate)

(2) From (3) For ‘ (4) From (1) Amounts of interest checks for each denomination beginning half-year period Period of time bond is held after maturity date each interest of extended preceding payment date EXTENDED MATURITY PERIOD maturity period interest to extended to each interest payment date maturity payment date

Percent Percent Percent Ml year...... $13.75 $27.50 $137.50 $275.00 5.50 5.50 5.50 lyear...... 13.75 1)4 years...... 5.50 5.50 13.75 27.60 137.50 276.00 6.50 5.50 5.50 2 years___ 13.75 2)4 years...... 5.50 5.50 13.75 27.50 137.50 275.00 5.50 5.50 6.50 3 years...... 13.75 3)4 years...... 5.50 13.75 27.50 137.50 275.00 5.50 5.50 5.50 1 years... 13.75 27.50 137.50 1)4 years...... 275.00 5.50 5.50 5.50 13.75 27.50 137.50 276.00 5.50 5.50 5.50 6 years___ _ 13.75 5)4 years.. . 5.50 5.50 13.75 27.50 137.50 275.00 5.50 5.50 5.50 6 years. 13.75 ■ 6)4 years__ 5.50 5.50 13.75 27.50 137.50 275.00 5.50 5.50 5.50 7 years... 13.75 7)4 years____ 5.50 13.75 27! 50 137.50 275.00 5.50 5.50 5.50 8 years... 13.75 8)4 years__ 5.50 13.75 27.50 137.50 275.00 5.50 5.50 5.50 9 years... 13.75 9)4 years__ . 5.50 6.50 13.76 5.50 5.50 lo years (extended maturity) 3______...... — - (6/1/82) 13.75 27.50 137.50 275.00 4 5.50 5.50 :

2 S i? * abJe doesi lot aPPfy if the Prevailing rate for Series H bonds being issued at the time the extension begins is different from 5.50 percent. 3 20 years afterissue date ° W“Ch Interest check is Payable on issues of June 1, 1962. For subsequent issue months add the appropriate number of months; 4 Yield on purchase price from issue date to extended maturity is 4.67 percent.

[FR Doc.72-3208 Filed 3-6-72;8:45 am]

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