NOTICES 44369

For purposes of paragraph (3), the regulation are met. After review by the Miami University: Hamilton, OH; Middle- term “contributed importantly" means a Division, the authority may be continued town, OH; Oxford, OH. cause which is important but not neces­ in effect for up to one year from the Milton College, Milton, WT. sarily more important than any other date the application was forwarded to Mount Union College, AUiance, OH. cause. Mt. Vernon Academy, Mount Vernon, OH. the Division. Since there was insufficient Muskingum Area Technical College, Zanes­ Significant Total or Partial Separa­ time before the effective date of the Fair ville, OH. tions. Employment in the first six months Labor Standards Amendments of 1974 Muskingum College, New Concord, OH. of 1975 decreased 16 percent from the fo r application forms to be distributed, Notre Dame College, Cleveland, OH. same period in 1974. Average hours completed, and acted on, a grace period Ohio College of Applied Science, Cincinnati, worked in the first six months of 1975 through August 31, 1974, permitted au­ OH. were 11 percent below the average level thority to be effective May 1, 1974, pro­ Ohio University, Athens, OH. of hours worked in the first six months vided the specific conditions of the grace Ohio Wesleyan University, Delaware, OH. of 1974. period were met and a proper applica­ Otterbein College, Westerville, OH. Sales or Production, or Both, Have De­ Raymond Walters General and Technical tion was made to the Division before the College, Cincinnati, OH. creased Absolutely. Sales at the St. Louis end o f the grace period. The expiration RIpon College, Rlpon, WT. plant declined 24 percent in the first half date of the authority granted to a par­ St. Norbert College, De Pere, WT. of 1975 compared to the first half of 1974. ticular institution of higher education Silver Lake College of the Holy Family, Inc., Increased Imports Contributed Im por­ listed in this notice occurs between Manitowoc, WI. tantly. While"imports of articles like or May 30, 1975, and August 31, 1975. Steubenville, The College of, Steubenville, directly competitive with those produced The terms and conditions of the regu­ OH. at Western Supplies Company increased lation further limit the authority to em­ Toledo, The University of, Toledo, OH. from 2300 units in 1973 to 2700 units in Walsh College, Canton, OH. ploy full-time students at subminimum Wayne General &. Technical College, Orrville, 1974, they have been an insignificant wages to not more than 20 hours per OH. factor in the U.S. market, comprising less week when school is in session, prohibit Wilmington College Main Campus, Wilming­ than two tenths of one percent of total subminimum wage employment in un­ ton, OH. domestic consumption and production related trades or businesses such as Wisconsin, University of: Menomonie; Osh­ during the period. apartment houses, stores, or other busi­ kosh; River Falls and Stevens Point, WI. Increased imports of shoes and de­ nesses not primarily catering to the stu­ Wittenberg University, Springfield, OH. W right State University, Dayton, OH. creases in total domestic production of dents o f the institution, and prohibit the footwear have resulted in reduced de­ Xavier University, Cincinnati, OH. hiring of full-time students at submini­ Youngstown State University, Youngstown, mand for domestically produced shoe mum wages for work in a unit or units OH. cutting dies. Reduced orders for shoe cut­ of the campus where abnormal labor ting dies resulted from declining shoe conditions, such as a strike or lockout The authority has been granted to production rather than from increased exist. The authority does not excuse each institution of higher education imports of shoe cutting dies. noncompliance with higher standards upon the representations of the institu­ Conclusion. After careful review of the applicable to full-time students under tion which, among other things, were facts obtained in the investigation, I any other Federal law. State law, local that employment of full-time students at conclude that increases of imports like or ordinance, or union or other agreement. subminimum wages is necessary to pre­ directly competitive with shoe cutting vent curtailment of opportunities for dies produced at Western’s St. Louis, Akron, The University of, Akron, OH. employment, the hiring of full-time stu­ Missouri plant did not contribute impor­ Alverno College, Milwaukee, WI. dents at subminimum wages will not Ashland College, Ashland, OH. tantly to the total or partial separations Baldwin-Wallace College, Berea, OH. create a substantial probability of reduc­ of the workers at such plant. Bluff ton College, Bluff ton, OH. ing the full-time employment oppor­ Signed at Washington, D.C. this 18th Bowling Green State University, Huron, OH. tunities of persons other than those em­ day of September 1975. Carroll College, Waukesha, WI. ployed under the authority, and such au­ Case Western Reserve University, Cleveland, thority will not result in a reduction of G loria G. P ratt, OH. the wage rate paid to a current em­ Director,Office of Cedarville College, Cedarville, OH. ployee. The authority may be annulled Foreign Economic Policy. Cincinnati, University of, Cincinnati, OH. or withdrawn in the manner provided The Cincinnati Bible Seminary, Cincinnati, IPB Doc.75-25775 Filed 9-25-75;8:45 am] OH. in Fart 528 of Title 29 of the Code of CIrclevlUe Bible College, Circleville, OH. Federal Regulations. Any person ag­ Clermont General and Technical College, grieved by the granting of the authority Wage and Hour Division Batavia, OH. to any of the institutions listed may seek INSTITUTIONS OF HIGHER EDUCATION Cleveland. State University, Cleveland, O H a review or reconsideration thereof on or College of Mount St. Joseph, Mount St. before November 10, 1975. Certificates Authorizing Employment of Joseph, O H Full-Time Students at Subminimum Wages Cuyahoga Community College: Cleveland, Signed at Washington, D.C. this 22nd -OH; Parma, OH; Warrensville Township, day of September, 1975. Notice is hereby given that pursuant OH D onald T. C rttmback, to section 14 of the Fair Labor Standards Defiance College, Defiance, OH. Act of 1938, as amended, the regulation Denison University, GranvUle, O H Authorized Representative on employment of full-time students at Edgecliff College, Cincinnati, OH. of the Administrator. subminimuin wages (29 CFR 519), and Edgewood College, Madison, WI. [FR Doc.75-25695 Filed 9-25-75; 8:45 am] Administrative Order No. 621 (36 FR Findlay College, Findlay, OH. Heidelberg College, Tiffin, OH. the institutions of higher educa­ Hocking Technical College, Nelsonvllle, OH. LEGAL SERVICES CORPORATION tion listed in this notice have been John Carroll University, Cleveland, OH. granted authority to employ their full- Kent State University: Ashtabula, OH; COMMITTEE ON PRESIDENTIAL SEARCH tune students outside of the individual Canton, OH; Chardon, OH; East Liverpool, Notice of Meeting j student’s regularly scheduled hours of OH; Kent, OH; New Philadelphia, OH; instruction at hourly rates not less than Salem, OH; Warren, OH. The Committee on Presidential Search . Percent of the applicable statutory Kenyon College, Gambler, OH. of the Board o f Directors of the Legal minimum rate specified under section 6 Lake Erie College, Painesvllle, OH Services Corporation will meet at 1:30 of the Act. Lakeland College, Sheboygan, WI. p.m. on Friday, October 3, 1975 at the Lawrence University, Appleton, WI. regulation provides for the au- Statler Hilton Hotel, Washington, D.C., Malone College, Canton, o h , and at 5:30 p.m. on Saturday, October 4, thonty to be effective on the date a Marietta College, Marietta, OH. Marquette University, Milwaukee, WI. 1975 at the Marvin Center, Washington, properly completed application is for­ D.C. warded to the Wage and Hour Division Mary Manse College, Toledo, OH. Miami-Jacobs Junior College o f Business, The meetings will be in Executive Ses­ provided applicable conditions of the Dayton, OH. sion. for the purpose of interviewing can-

FEDERAL REGISTER, VOL. 40, NO . 188— FRIDAY, SEPTEMBER 26, 1975 44370 NOTICES didates for President of the Corporation. Pa. 15021. Applicant’s representative: N.H.; Boston and Cambridge, Mass.; Representatives of specific organizations Robert J. Gallagher, 1776 Broadway, Clinton, Conn.; Wilmington, Del.; and will be invited to attend portions of the New York, N.Y. 10019. Authority sought points in New York, Maryland, New Jer­ meetings. to operate as a common carrier, by motor sey, and Rhode Island. The purpose of vehicle, over irregular routes, transport­ this filing is to eliminate the gateways Dated: September 25,1975. ing: Household goods as defined by the at Bedford, Pa., Connellsville, Pa. and R oger C. C ram to n, Commission, (1) between points in Con­ Washington, Pa. (b) from Salem, N.J., Chairman. necticut, Delaware, Massachusetts, North to points in Allegheny, Fayette, Greene, [PR Doc.76-26069 Piled 9-25-75; 12:08 pm] Carolina, Rhode Island, Tennessee, on Washington, and Westmoreland Coun­ the one hand, and, on the other, Florida, ties, Pa. and points in Pennsylvania Georgia, Illinois, Indiana, Kentucky, within 50 miles of Bedford, Pa.; those INTERSTATE COMMERCE Maryland, Michigan, Missouri, New Jer­ points in Ohio (except Cleveland, Ohio), COMMISSION sey, New York, Ohio, Oklahoma, Penn­ ChicagOi 111., and those points in that IRREGULAR-ROUTE MOTOR COMMON sylvania, South Carolina, Texas, Vir­ part of Illinois within 50 miles of the CARRIERS OF PROPERTY ginia, West Virginia and the District of intersection of Clark and Madison Columbia, (2) between points in Illinois, Streets in Chicago. The purpose of this Elimination of Gateway Applications Indiana, Kentucky, Maryland, Michigan, filing is to eliminate the gateways at September 23, 1975. Missouri, New Jersey, New York, Ohio, Connellsville, Pa. and Washington, Pa. The following applications to eliminate Pennsylvania, Virginia, West Virginia, (c) From points in Allegheny, Fay­ gateways for the purpose of reducing and the District of Columbia, (3) be­ ette, Washington, and Westmoreland highway congestion, alleviating air and tween points in Florida, Georgia, Okla­ Counties, Pa., and points in Bedford, noise pollution, minimizing safety haz­ homa, South Carolina, and Texas, on the Blair, Fulton, Franklin, and Hunting­ ards, and conserving fuel have been filed one hand, and, on the other, points in Il­ don Counties, Pa. and points in that part with the Interstate Commerce Commis­ linois, Indiana, Kentucky, Maine, Michi­ of Pennsylvania within 50 miles of Bed­ sion under the Commission’s Gateway gan, Missouri, New Jersey, New York, ford, Pa., to points in Ohio, and Chicago, Elimination Rules (49 CFR 1065(d) (2 )), Ohio, Pennsylvania, Virginia, West Vir­ 111. and those points in Illinois within and notice thereof to all interested per­ ginia, and the District of Columbia, (4) 50 miles of the intersection of Clark and sons is hereby given as provided in such between points in Connecticut and Dela­ Madison Streets in Chicago. The pur­ rules. ware, on the one hand, and, on the other, pose of this filing is to eliminate the Carriers having a genuine interest in points in North Carolina, Rhode Island, gateways at Bedford, Pa. and Washing­ an application may file an original and and Tennessee, and (5) between points ton, Pa. (2) Glassware, glass containers three copies of verified, statements in op­ in Rhode Island, on the one hand, and, and caps, stoppers and covers, from Al­ position with the Interstate Commerce on the other, points in North Carolina legheny, Fayette, Greene, Washington, Commission on or before October 28, and Tennessee. The purpose of this filing and Westmoreland Counties, Pa., to Bos­ 1975. (This procedure is outlined in the is to eliminate the gateways of Pitts­ ton and Cambridge, Mass., Keene, N.H., Commission’s report and order in Gate­ burgh, Pa. and points in Pennsylvania Clinton, Conn, and those points in Rhode way Elimination, 119 M.C.C. 530.) A copy within 100 miles of Pittsburgh and Island and New York. The purpose of of the verified statement in opposition points in West Virginia and points in this filing is to eliminate the gateway at must also be served upon applicant or Brook and Hancock Counties, W. Va. Washington, Pa. (3) Glass containers its named representative. The verified and points within 125 miles of said and caps for glass containers, from Al­ statement should contain all the evidence counties. legheny, Fayette, Washington, and West­ upon which protestant relies in the ap­ No. MC 22988 (Sub-No. 9G), filed moreland Counties, Pa., to points in West plication proceeding including a detailed April 22, 1974. Applicant: K. G. MOORE, Virginia. The purpose of this filing is to statement of protestant’s interest in the INC., 16 Progress Avenue, Nashua, N.H. eliminate the gateway at Connellsville, proposal. No rebuttal statements will be 03060. Applicant’s representative: Rob­ Pa. accepted. ert G. Parks, 189 Nehoiden Street, Need­ No. MC 119864 (Sub-No. 61G), filed No. MC 15643 (Sub-No. 6G), filed ham, Mass. 02192. Authority sought to June 3, . 1974. Applicant: CRAIG June 4, 1974. Applicant: FOUR WINDS operate as a common carrier, by motor TRANSPORTATION CO., a Corporation, VAN LINES, INC., 7035 Convoy Court, vehicle, over irregular routes, trans­ 26699 Eckel Road, Perrysburg, Ohio San Diego, Calif. 92138. Applicant’s rep­ porting general commodities (except 43551. Applicant’s representative: Dale resentative > Robert J. Gallagher, 1776 those of unusual value, classes A and B K. Craig (same address as applicant). Broadway, New York, N.Y. 10019. Au­ explosives, commodities in bulk, and Authority sought to operate as a com­ thority sought to operate as a common those requiring special equipment), be­ mon carrier, by motor vehicle, over ir­ carrier, by motor vehicle, over irregular tween those points along Massachusetts regular routes, transporting: Frozen routes, transporting: Household goods, as Highway 9 within 10 miles of Boston, foods, from points in that part of Mich­ defined by the Commission, between Mass., on the one hand, and, on the igan south of Michigan Highway 21, and points in Connecticut, Pennsylvania, New other, points in Maine on and south of that part of Ohio bounded by a line be­ Jersey, New York, Ohio, Michigan, Il­ Maine Highway 25. The purpose of this ginning at tiie Ohio-Indiana State line linois, Indiana, North Carolina, Mary­ filing is to eliminate the gateway at and extending east along U.S. Highway land, Missouri, Virginia, West Virginia, Manchester, N.H. 36 to Delaware, Ohio thence northeast Wisconsin, Rhode Island, Maine, New No. MC 111956 (Sub-No. 30G), filed along U.S. Highway 42 to Cleveland, Hampshire, Vermont, Massachusetts, June 4, 1974. Applicant: SUWAK Ohio, thence west along the shore of Lake Erie to the Ohio-Michigan State Oklahoma, Colorado, Louisiana, Arkan­ TRUCKING COMPANY, 1105 Fayette line to the Ohio-Indiana State line and sas, Kansas, Texas, New Mexico, District Street, Washington, Pa. 15301. Appli­ of Columbia, Alabama, Florida, Georgia, thence south along the Ohio-Indiana cant’s representative: Henry M. Wick, State line to point of beginning, South Carolina, Tennessee, Kentucky, Jr., 2310 Grant Building, Pittsburgh, . including points on the indicated por­ and Delaware. The purpose of this fil­ Pa. 15219. Authority sought to operate tions of the highways specified, to points ing is to eliminate the gateways of Bos­ as a by motor vehicle, common carrier, in Illinois, Kentucky, Ohio, and St. Louis, ton, Mass, and points within 25 miles, over irregular routes, transporting: (1) Mo. The purpose of this filing is to elimi­ points in Oklahoma, North Carolina, (a) Glassware, glass containers, and nate the gateways of LaPorte, Ind. and Tennessee, Kentucky, Delaware, and Mis­ caps, stoppers, and covers, therefor, souri, and points in Cleveland, Me Claine, in cartons, from Lancaster, Ohio, to Archbold, Ohio. and Beckham Counties, Okla. points in Allegheny, Fayette, Greene, No. MC 119864 (Sub-No. 62G), filed No. MC 21958 (Sub-No. 9G), filed Washington, and Westmoreland Coun­ June 3,1974. Applicant: CRAIG TRANS­ June 4, 1974. Applicant: STARCK VAN ties, Pa. and points in Pennsylvania PORTATION CO., a Corporation, LINES, INC., R.D. No. 1, Burgettstown, within 50 miles of Bedford, Pa,; Keene, 26699 Eckel Road, Perrysburg, Ohio

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975

* NOTICES 44371

43551. Applicant’s representative: Dale products, and materials and supplies weight, requires the use of special equip­ K. Craig (same address as applicant). used in the operation and maintenance ment, between points in New Hampshire, Authority sought to operate as a common of packinghouses, from points in Ohio on the one hand, and, on the other, points carrier, by motor vehicle, over irregular Starting at the State line of Ohio- in Wisconsin and Nebraska. The purpose routes, transporting: (A )(1) Foodstuffs, Michigan at U.S. Highway 127, thence of this filing is to eliminate the gateways (a) from Chicago, Freeport, Joliet, south on U.S. Highway 127 to West of Worcester, Mass.; New York; Brad- and Marshall, HI., to points in Indiana Unity, Ohio, thence south on State High­ dock, Pa.; and Illinois. The purpose of and (b) from points in Indiana, to way 191 to junction U.S.., Highway 6, this correction is to correct the territorial points in Illinois and St. Louis, Mo. and thence east on U.S. H ig h ly 6 to Fre­ description. (2) foodstuffs (except frozen), from mont, Ohio, thence east on US. Highway Chicago, Freeport, Joliet, and Marshall, 20 to Elyria, Ohio, thence east on State No. MC 83539 (Sub-No. E169) (Correc­ HI., and points in Indiana, to points in Highway 82 to junction U.S. Highway 42, tion) , filed May 23,1974, published in the F ederal R egister July 21, 1975. Appli­ Michigan north of Michigan Highway thence southwest on U.S. Highway 42 to cant: C & H TRANSPORTATION, P.O. 21. The purpose of this filing is to elim­ Delaware, Ohio, thence west on U.S. Box 5976, Dallas, Tex. 75222. Applicants inate the gateway of Archbold, Ohio. Highway 36 to the 'Ohio-Indiana State (B) (1) Dairy products, canned goods, line, thence north along the Ohio- representative: Kenneth Weeks (same as above). Authority sought to operate as packinghouse products and by-products, Indiana State line to the junction of the and materials and supplies used in the a common carrier, by motor vehicle, over Ohio-Michigan State line, thence east irregular routes, transporting: Heavy operation and maintenance of packing­ along the Ohio-Michigan State line to houses, restricted to shipments of food­ point of beginning, including points on ■machinery, which because of size or weight, requires the use of special equip­ stuffs, from St. Louis, Mo. and points in the highways specified, to points in, Il­ ment, between points in New Hampshire, Illinois, to points in Indiana and (2) linois. The purpose of this filing is to on the one hand, and, on the other, points dairy, products, canned goods, packing­ eliminate the gateways of Chicago, HI. house products and by-products, and and Gary, Ind. in Oklahoma. The purpose of this filing is to eliminate the gateways of Worcester, materials and supplies used in the op­ The following letter-notices of pro­ Mass.; New York; and Braddock, Pa. The eration and maintenance of packing­ posals to eliminate gateways for the pur­ houses, restricted to shipments of food­ purpose of this correction is to correct the pose of reducing highway congestion, territorial description. stuffs, (not frozen), from points in Illi­ alleviating air and .noise pollution, mini­ nois, to points in Michigan north of mizing safety hazards, and conserving No. MC 83539 (Sub-No. E176) (Correc­ Michigan Highway 21. The purpose of fuel have been filed with the Interstate tion) , filed May 23,1974, published in the this filing is to eliminate the gateways Commerce Commission under the Com­ F ederal R egister July 21, 1975. Appli­ of Chicago, 111., Gary, Ind., and Archi- mission’s Gateumy Elimination Rules cant: C & H TRANSPORTATION, P.O. bold, Ohio. (49 CFR 1065) , and notice thereof to all Box 5976, Dallas, Tex. 75222. Applicant’s No. MC 119864 (Sub-No. 63G), filed interested persons is hereby given as representative: Kenneth Weeks (same as June 3,1974. Applicant: CRAIG TRANS­ provided in such rules. above). Authority sought to operate as PORTATION CO., a Corporation, An original and two copies of protests a common carrier, by motor vehicle, over 26699 Eckel Road, Perrysburg, Ohio against the proposed elimination of any irregular routes, transporting: Heavy 43551. Applicant’s representative: Dale gateway herein described may be filed machinery, which because of size or K. Craig (same address as applicant). with the Interstate Commerce Commis­ weight, requires the use of special equip­ Authority sought to operate as a common sion within 10 days from the date of this ment, between points in Vermont, on the carrier, by motor vehicle, over irregular publication* A copy must also be served one hand, and, on the other, points in routes, transporting: Dairy products, upon applicant or its representative. Pro­ Arkansas. The purpose of this filing is to canned goods packinghouse products tests against the elimination of a gate­ eliminate the gateways of Worcester, and by-products, and materials and sup­ way will not operate to stay com­ Minn.; East Port Chester, Conn.; and plies used in the operation and mainte­ mencement of the proposed operation. Braddock, Pa. The purpose of this correc­ nance of packinghouses, from points in Successively filed letter-notices of the tion is to correct the territorial descrip­ Illinois, to points in Ohio starting at the same carrier under these rules will be tion. Stater line of Ohio-Michigan at U.S. numbered consecutively for convenience No. MC 83539 (Sub-No. E178) (Cor­ Highway 127, thence south on U.S. High­ in identification. Protests, if any, must rection), filed May 23, 1974, published refer, to such letter-notices by number. way 127 to West Unity, Ohio, thence in the F ederal R egister July 21, 1975. south on State Highway 191 to junction No. MC 83539 (Sub-No. E162) (Correc­ Applicant: C & H TRANSPORTATION, U.S. Highway 6, thence east on U.S. tion) , filed May 23,1974. Applicant: C & H P.O. Box 59.76, Dallas, Tex. 75222. Appli­ Highway 6 to Fremont, Ohio, thence east TRANSPORTATION, P.O. Box 5976, cant’s representative: Kenneth Weeks on U.S. Highway 20 to Elyria, Ohio, Dallas, Tex. 75222. Applicant’s represent­ (same as above). Authority sought to op­ thence east on State Highway 82 to junc­ ative: Kenneth Weeks (same as above) . erate as a common carrier, by motor ve­ tion U.S Highway 42, thence south­ Authority sought to operate as a common hicle, over irregular routes, transport­ west on U.S. Highway 42 to Delaware, carrier, by motor vehicle, over irregular ing: Heavy machinery, which because of Ohio, thence west on U.S Highway 36 to routes, transporting: Heavy machinery, size or weight, requires the use of special the Ohio-Indiana State line, thence which because^of size or weight, requires equipment, between points in Vermont, north along the Ohio-Indiana State line the use of special equipment, between on the one hand, and, on the other, to tiae junction of the Ohio-Michigan points in New Hampshire, on the one points in Iowa, Minnesota, and Missouri. State line, thence east along the Ohio- hand, and, on the other, points in Mis­ The purpose of this filing is to eliminate Michigan State line to point of begin­ sissippi. The purpose of this filing is to the gateways of Worcester, Mass.; East ning, including points on the high­ eliminate the gateways of Worcester, Port Chester, Conn.; New York; Brad­ ways specified. The purpose of this filing Mass.; New York; and Braddock, Pa. The dock, Pa.; and Hlinois. The purpose of is to eliminate the gateways! of Chicago, purpose of this correction is to correct this correction is to correct the territorial 111., and Gary, Ind. the territorial description. description. No. MC 119864 (Sub-No. 64G), file« No. MC 83539 (Sub-No. E165) (Correc­ No. MC 83539 (Sub-No. E179) (Correc­ June 3,1974. Applicant: CRAIG TRANS tion) , filed May 23,1974, published in the tion) , filed May 23,1974, published in the PORTATION CO., a Corporation, 2669! F ederal R egister July 21, 1975. Appli­ F ederal R egister July 21, 1975. Appli­ Eckel Road, Perrysburg, Ohio 43551. Ap cant: C & H TRANSPORTATION, P.O. cant: C & H TRANSPORTATION, Phcant’s representative: Dale K. Craif Box 5976, Dallas, Tex. 75222. Applicant’s P.O. Box 5976, Dallas, Tex. 75222. Appli­ (same address as applicant). Authorit; representative: Kenneth Weeks (same as cant’s representative: Kenneth Weeks sought to operate as a common carrie above). Authority sought to operate as (same as above). Authority sought to op­ uy motor vehicle, over irregular routes a common carrier, by motor vehicle, over erate as a common carrier, by motor ve­ transporting: Dairy products, cannei irregular routes, transporting: Heavy hicle, over irregular routes, transporting: gooas, packinghouse products and by machinery, which because of size or Heavy machinery, which because of size

FEDERAL REGISTER, VOL. 40, NO. T88— FRIDAY, SEPTEMBER 26, 1975 44372 NOTICES or weight, requires the use of special mission, (1) from points in Ohio in and points in Montana in and west of Toole, equipment, between points in Vermont, east of Cuyahoga, Medina, Wayne, Teton, Cascade, Meagher, Wheatland, on the one hand, and, on the other, Holmes, Coshocton, Guernsey, Noble, an^ Golden Valley, Yellowstone, and Carbon points in Kansas, Louisiana, and Missis­ Washington Counties, to point in Arkan­ Counties, (14), from points in Ohio on, sippi. The purpose of this filing is to sas on and south of a line beginning at south and east of a line beginning at the eliminate the gateways of Worcester, the Arkansas-Texas State line .near De- Ohio-Indiana State line extending along Mass.; East Port Chester, Conn.; New Queen extending along U.S. Highway 70 Ohio Highway 122 to Eaton, thence along York; and Braddock, Pa. The purpose of to Brinkley, thence along U.S. Highway U.S. Highway 35 to Dayton, thence along this correction is to correct the territorial 49 to the Arkstnsas-Mississippi State line, Ohio Highway 4 to Sandusky, to points description. (2) from points in Ohio to points in Ala­ in Nebraska on, south and west of a bama on and south of a line beginning line beginning at the, Nebraska-Kansas No. MC 83539 (Sub^No. E180) (Cor­ State line near McCook extending along rection) , filed May 23, 1974, published in at the Alabama-Mississippi State line ex­ tending along U.S. Highway 82 to Tusca­ U.S. Highway 83 to North Platte, thence the F ederal R egister July21, 1975. Ap­ plicant: C & H TRANSPORTATION, loosa, thence along U.S. Highway 11 to along U.Sr. Highway 30 to junction U.S. Highway 26, thence along U.S. Highway P.O. Box 5976, Dallas, Tex. 75222. Appli­ the Alabama-Georgia State line, (3) from points in Ohio on and east of a line cant’s representative: Kenneth Weeks 26 to the Nebraska-Wyoming State line, (same as above). Authority sought to op­ beginning at Cleveland extending along (15>' from points in Ohio to points in erate as a common carrier, by motor ve­ Ohio Highway 21 to junction Ohio High­ Oregon on and west of a line beginning hicle, over irregular routes, transporting: way 18, thence along Ohio Highway 18 to at the Oregon-California State line near Heavy machinery, which because of size Akron, thence along Interstate Highway Lakeview extending along U.S. Highway or weight, requires the use of special 77 to Cambridge, thenee along U.S. High­ 395 to Pendleton, thence along Oregon equipment, between points in Vermont, way 40 to Zanesville, thence along Ohio Highway 11 to the Oregon-Washington on the one hand, and, on the other, Highway 93 to junction Ohio Highway State line, (16) from points in Ohio, points in Nebraska. The purpose of this 13, thence along -Ohio Highway 13 to to points in Cherokee County, Tex., (17) filing is to eliminate the gateways of Athens, thence along U.S. Highway 33 to from points in Ohio on, north and west Worcester, Mass.; East Port Chester, junction Ohio Highway 7, thence along of a line beginning at the Ohio-Kentucky Conn.; New York; Braddock, Pa.; and Ohio Highway 7 to Gallipolis, to points State line near Cincinnati extending Illinois. The purpose of this correction is in Alabama. along Interstate Highway 71 to Colum­ to correct the territorial description. (4) From points in Ohio to points inbus, thence along Interstate Highway California on, north and west p i a line 70 to the Ohio=West Virginia State line, No. MC 83539 (Sub-No. E183) (Cor­ beginning at Eureka extending along to points in Texas on and west of a line rection) , filed May 23, 1974, published in California Highway 299 to Redding, begining at Laredo extending along U.S. the F ederal R egister July 21, 1975. Ap­ thence along Interstate Highway 5 to Highway 81 to Hillsboro, thence along plicant: C & H TRANSPORTATION, Weed, thence along U.S.'Highway 97 to U.S. Highway 77 to Dallas, thence along P.O. Box 5976, Dallas, Tex. 75222. Appli­ the California-Oregon State line, (5) U.S. Highway 75 to the Texas-Oklahoma cant’s representative: Kenneth Weeks from points in Ohio, to points in Idaho State line. (same as above). Authority sought to op­ on, north and west of a line beginning (18) From points in Ohio -on, south erate as a common carrier, by motor ve­ at the Idaho-Montana State line extend­ and east of a line beginning at the Ohio- hicle, over irregular routes, transport­ ing along U.S. Highway 91 to Pocatello, Indiana State line near Greenville ex­ ing: Heavy machinery, which because of thence along U.S. Highway 30 to Twin tending along U.S. Highway 36 to junc­ size or weight, requires the use of special Falls, thence along U.S. Highway 93 to tion U.S. Highway 25, thence along U.S. equipment, between points in Vermont, the Idaho-Nevada State line,. (6) from Highway 25 to junction U S. Highway 23, on the one hand, and, on the other, points in Ohio on and east of U.S. High­ thence along U.S. Highway 23 to the points in Oklahoma. The purpose of this way 23 to points in Louisiana, (7) from Ohio-Michigan State line, to points in filing is to eliminate the gateways of points in Jefferson County, Ohio, to Wyoming on, south and west of a line Worcester, Mass.; East Port Chester, points in New York in, east and south beginning at the Wyoming-Nebraska Conn.; New York; and Braddock, Pa. of Orange, Ulster, Greene, Albany, Sche­ State line near Torrington extending The purpose of this correction is to cor­ nectady, Montgomery (on and east of along U.S. Highway 26 to Casper, thence rect the territorial description. New York Highway 30), Saratoga Coun­ along 'U.S. Highway 87 to the Wyoming- No. MC 83539 (Sub-No. E186) (Correc­ ties, and points on and east of Interstate Montana State line. The purpose of this tion), filed May 23, 1974, published in Highway 87 from Saratoga County to filing is to eliminate the gateways of the F ederal R egister July 21, 1975. Ap- the United States-Canada International Bledsoe, Ky., and Florence, Ala., in (1) licant: C & H TRANSPORTATION, P.O. Boundary line, (8) from points in Ohio, above; Harland, Bledsoe, and Molus, Ky., Box 5976, Dallas, Tex. 75222. Applicant’s to points in Louisiana in, south and east in (2) above; Harland and Bledsoe, Ky., representative: Kenneth Weeks (same of Califcasieu, Jefferson Davis, Acadia, in (3) above; Clinton, 111., Newton, Kans., as above). Authority sought to operate Lafayette, St. Martin, Iberville, Pointe Sterling, Colo., Dalesport, Wash., in (4) as a common carrier, by motor vehicle, Coupee and West Feliciana Parishes,, (9) above; Clinton, 111., Newton, Kans., over irregular routes, transporting: from points in Ohio to points in Missis­ Sterling, Colo., and Monida, Mont., in (5) Heavy machinery, which because of size sippi on and south of U.S. Highway 80, above; Bledsoe, Ky., Florence, Ala., or weight, requires the use of special (10) from points in Ohio on and east Molus, Ky., and Birmingham, Ala., in (6) equipment, between points in Vermont, of Interstate Highway 77 including Cam­ above; Philadelphia, Pa., in (7) above; on the one hand, and, on the other jo in ts bridge, Ohio, to points in Mississippi, (11) Bledsoe, Ky., Florence, Ala., and Molus, in Wisconsin. The purpose of this filing from points in Ohio to points in Missouri Ky., and Birmingham, Ala., in (8) above; is to eliminate the gateways of East Port in, north and west of Howeli, Texas, Molus, Ky., Huntsville Ala., and Bledsoe, Chester, Conn.; Braddock, Pa.;-and Illi­ Dent, Washington, and Jefferson Coun­ Ky., in (9) above; Bledsoe, Ky., and Flor­ nois. The purpose of this correction is to ties, (12) from points in Ohio on and ence, Ala., in (10) above; Clinton, HI., in correct the territorial description. north of a line beginning at the Ohio- CUT above; Clinton, 111., in (12) above; Indiana State line extending along Ohio Clinton, 111., Newton, Kans., Sidney, No. MC 88368 (Sub-No. E40), filed Highway 22 to Eaton, thence along U.S. Nebr., Casper, Wyo., and Sheridan, Wyo., May 15,1974. Applicant: CARTWRIGHT Highway 35 to Dayton, thence along Ohio in (13) above; Goessel Kans., Clinton, 111., VAN LINES, INC., 1109 Cartwright Ave., Highway 4 to junction U.S. Highway and Newton, Kans., in (14) above; Clin­ Grandview, Mo. 64030. Applicant’s repre­ 40, thence along U.S. Highway 40 to the ton, 111., Newton, Kans., Sterling, Colo., sentative: Theodore Polydoroff, Suite 600, Ohio-Pennsylvania State line, to points Dalesport, Wash., and Walla Walla, 1250 Connecticut Ave. NW., Washington, in Missouri. Wash., in (15) above; Pototoc, Miss., D.C. 20036. Authority sought to operate (13 J From points in Ohio in and south Bledsoe, Ky., Florence, Ala., Shreveport, as a common carrier, by motor vehicle, of Preble, Montgomery, Clark, Madison, La., and Harlan, Ky., in (16) above; Clin­ over irregular routes, transporting: Franklin, Licking, Coshocton, Tuscara­ ton, .111., Cowley City, Kans., and Arkan­ Household goods, as defined by the Com­ was, Harrison, and Jefferson Counties, to sas City, Kans., in (17> above; and Clin-

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 NOTICES 44373 ton, 111., Goessel, Kans., and Sidney, Highway 73 to junction US. Highway 22, points in Michigan on and west of Inter­ Nebr., in (18> above. thence along US. Highway 22 to junc­ state Highway 75 and on and north of No. M C 102616 (Sub E68>, filed June 3, tion US. Highway 68, thence along US. U.S. Highway 10, and points in Indiana 1074. Applicant: COASTAL TANK Highway 68 to junction US. Highway 35, on, south, and west of a line beginning at LINES, INC., 215 E. Waterloo Rd., Akron, thence along US. Highway 35 to junction the Ohio-Indiana State line and extend­ Ohio 44310. Applicant’s representative: Ohio Highway 49, thence along Ohio ing along U.S. Highway 40 to junction Fred H. Daly (same as above). Authority Highway 49 to junction Ohio Highway U.S. Highway 35, thence along UJS. High­ sought to operate as a common carrier, 571, thence along Ohio Highway 571 to way 35 to junction Indiana Highway 18, by motor vehicle, over irregular routes, the Indiana-Ohio State line, to points in thence along Indiana Highway 18 to the transporting: liquid petrochemicals,'as North Carolina on and west of U S. Indiana-Illinois State fine; (b) from defined by the Commission, in bulk, in Highway 321; (f> from points in Ohio to Hays and Neville Island, Pa., to points tank vehicles, from Crossville, 111., to points in North Carolina on and east of in Ohio on and west of Interstate High­ points in New Hampshire, Vermont and US. Highway 321 and on and west of a way 77 and on and south of U.S. Highway Maine. The purpose of this filing is to line beginning at the Virginia-North 40, and points in Michigan on and north eliminate the gateway of Granger, Ind. Carolina State line and extending along o f Michigan Highway 21 and on and west and Bay City or Ludington, Mich. North Carolina Highway 39 to junction of Michigan Highway 66; (c) from Del- US. Alternate Highway 70, thence along mont, Pa., to points in Ohio on, south, No. MC 102616 (Sub-No, E255), filed US. Alternate Highway 70 to junction and west of a fine beginning at the Ohio- June 3, 1974. Applicant:. COASTAL U.S. Highway 70, thence along US. High­ West Virginia State fine and extending TANK LINES, INC., 215 East Waterloo way 70 to junction US. Highway 117, along U.S, Highway 40 to junction U.S. Rd., Akron, Ohio 44319. Applicant’s rep­ thence along US. Highway 117 to the At­ Highway 23, thence along U.S. Highway resentative: PTed H. Daly (same as lantic Ocean; (g) from points in Ohio 23 to junction Ohio Highway 53, thence above). Authority sought to operate as a on and west of a fine beginning at the along Ohio Highway 53 to junction Ohio common carrier, by motor vehiele, over West Virginia-Ohio State line and ex­ Highway 19, thence along Ohio Highway irregular routes, transporting: Liquid tending along Ohio Highway 800 to 19 to Lake Erie, points in Indiana and chemicals, in bulk, in tank vehicles; (a) junction US. Highway 250, thence along Michigan; and (d) from Freedom, Hays, from points iri Ohio on and south of U.S. US. Highway 250 to junction Interstate Delmonti and Neville Island, Pa., to Highway 35 to points in Delaware and Highway 77, thence along Interstate points in Illinois and Missouri The pur­ points in Maryland on and east of a fine Highway 77 to Lake Erie, to points in pose of this filing is to eliminate the beginning at the Maryland-Pennsylvania North Carolina on and east of a fine be­ gateway of the Allied Chemical plant State line and extending along Interstate ginning at the Atlantic Ocean and ex­ sites near MoundsviHe, W. Va. Highway S3 to junction U.S, Highway I, tending along US. Highway 117 to junc­ No. MC 102616 (Sub-No. E395) (Cor­ thence along U.S. Highway 1 to junction tion US. Highway 70, thence along U.S. Maryland Highway 151, thence along Highway 70 to junction North Carolina rection), filed June 3, 1974, published in Maryland Highway 151 to the Chesa­ Highway 39, thence along North Carolina the F ederal R egister July 29, 1975. Ap­ peake Bay; (b) from points in Hamilton, Highway 39 to the Virginia-North Caro­ plicant: COASTAL TANK LINES, INC., Clermont, Warren, and Butler Counties, lina State line; (h) from points in Ohio 215 East Waterloo Road, Akron, Ohio Ohio, to points in North Carolina on and on and north of US. Highway 30 to 44319. Applicant’s representative: Fred east of U.S. Highway 301, and points in points in North Carolina on and east of EL Daly) (same as above). Authority Virginia on and south of U.S. Highway U.S. Highway 21 and on and west of US. sought to operate as a common carrier, 60, on and east of U.S. Highway 220, and Highway 70 and U.S. Highway 501; (i) by motor vehicle, over irregular routes, on and-north of U.S. Highway 460; (c) from points in Ohio on and west of a fine transporting: Liquid chemicals, in bulk, from points in Ohio on, south, and west beginning at the Ohio-Kentucky State in tank vehicles, from points In Virginia to points in Minnesota and Wisconsin. of a line beginning at the Ohio-West line and extending along Interstate The purpose of this filing is to eliminate Virginia State line and extending along Highway 71 to junction Ohio Highway 13, US. Highway 35 to junction Ohio High­ thence along Ohio Highway 13 to junc­ the gateways of South Charleston or In ­ way 72, thence along Ohio Highway 72 tion US. Highway 20, thence along U.S. stitute, W. Va., and Chicago, 111. The to junction U.S. Highway 68, thence Highway 20 to junction Ohio Highway purpose of this correction is to clarify along U.S. Highway 68 to junction U.S. 57, thence along Ohio Highway 57 to the destination points and to include the Highway 36, thence along US. Highway Lake Erie, to points in Virginia on and origin point. 36 to junction Interstate Highway 75, west of US. Highway 60 and on and east No. MC 103993 (Sub-No. E59), filed thence along Interstate Highway 75 to of U.S. Highway 1; and (j) from points May 25, 1974. Applicant: MORGAN junction US. Highway 33, thence along in Franklin, Delaware, Licking, and Fair- DRIVE AWAY, INC., 2800 W. Lexington US. Highway 33 to the Indiana-Ohio field Counties, Ohio, to points in Meck­ Avenue, Elkhart, Ind. 46514. Applicant’s State line, to the District of Columbia; lenburg, Union, Stanly, Cabarrus, Lin­ representative: Paul D. Borghesani (d) from points in Ohio south of a line coln, Gaston, Cleveland, Catawba, and (same as above). Authority sought to beginning at the West Virghna-Mary- Iredell Counties, N.C. The purpose of this operate as a common carrier, by motor land State line and extending along US. filing is to eliminate the gateway of vehicle, over irregular routes, transport­ Highway 35 to junction Ohio Highway South Charleston or Institute, W. Va. ing; Prefabricated buildings, complete, 776, thence along Ohio Highway 776 to knocked down, or in sections, and equip­ junction Ohio Highway 124, thence along No. MC 102616 (Sub-No. E373), filed ment and materials incidental to the Ohio Highway 124 to junction Ohio June 3, 1974. Applicant: COASTAL erection and completion of such build­ Highway 41, thence along Ohio Highway TANK LINES, INC., 215 East Waterloo ings when shipped therewith, and re­ 41 to the Ohio-Indian a State line, to Rd., Akron, Ohio 44319. Applicant’s rep­ jected shipments of such commodities points in Maryland on and east of Inter­ resentative: Fred H. Daly (same as and equipment incidental to the han­ state Highway 81 and cm and west of a above). Authority sought to operate as dling of such commodities from (1) all hoe beginning at the Maryland-Pennsyl­ a common carrier, by vehicle, over irreg­ points in Mississippi, to all points in Del­ vania State line and extending along ular routes, transporting: Liquid petro­ aware, Maryland, and Washington, D.C., Interstate Highway 83 to junction Inter­ chemicals, in bulk, in tank vehicles; (a) (2) all points in Alabama, to points in state Highway 695, thence along Inter­ from Freedom, Pa.T to points in Ohio on, Garrett, Allegany, Washington, Fred­ state Highway 695 to junction Interstate south, and west of a line beginning at the erick, Carroll, Baltimore, Harford and Highway 95, thence along Interstate Ohio-Indiana State line and extending Cecil Counties, Md. (except Baltimore Highway 95 to the Maryland-District of along U S. Highway 40 to junction Ohio City, M d.), and New Castle County, Del.; Columbia border line; Highway 93, thence along Ohio Highway and (3) all points in Alabama (except 93 to junction Ohio Highway 13, thence (e) From points in Ohio north and east points in Russell, Macon, Montgomery, along Ohio Highway 13 to junction U.S. Lowndes, Butler, Crenshaw, Pike, Bul­ of a line beginning at the Ohto-Kentueky Highway 33, thence along UJS. Highway State line and extending along Ohio lock, Barbour, Henry, Houston, Dale, 33 to the Ohio-West Virginia State line, Coffee, Geneva, and Covington Counties,

FEDERAL REGISTER, VOL. 40, NO . 188— FRIDAY, SEPTEMBER 26, 1975 44374 NOTICES

Ala.), to all points in Delaware, Mary­ thence along Interstate Highway 10 to nessee (except points in and east of land, and Washington, D.C. The purpose the New Mexico-Texas State line. The Bradley, McMinn, Loudon, Knox, of this filing is to eliminate the gateway purpose of this filing is to eliminate the Grainger, and Hancock Cpunties, Tenn.), of the plantsite of Walker-Parkersburg, gateway of Pinellas County, Fla. to points in New Jersey and points in that a division of Textron, Inc., at Parkers­ No. MC 103993 (Sub-No. E62), filed part of Pennsylvania south of a line be­ burg, W. Va. May 25, 1974. Applicant: MORGAN ginning at the Pennsylvania-Ohio State line, thence along Interstate Highway 80 No. MC 103993 (Sub-No. E60), filed DRIVE AWAY, INC., 2800 W. Lexington Avenue, Elkhart, Ind. 46514. Applicant’s to the junction of Interstate Highway 81, May 25, 1974. Applicant: MORGAN thence along Interstate Highway 81 to DRIVE AWAY, INC., 2800 W. Lexington representative: Paul D. Borghesani {same as above). Authority sought to op­ the New York-Pennsylvania State line. Avenue, Elkhart, Ind. 46514. Applicant’s The purpose of this filing is to eliminate representative: Paul D. Borghesani erate as a common carrier, by motor ve­ the gateway of the plant site of Walker- (same as above). Authority sought to hicle, over irregular routes, transporting: Prefabricated buildings, complete, Parkersburg, a division of Textron, Inc., operate as a common carrier, by motor at Parkersburg, W. Va. vehicle, over irregular routes, transport­ knocked down, or in sections and equip­ ing: Prefabricated buildings, complete, ment and materials incidental to the No. MC 103993 (Sub-No. E69), filed knocked down, or in sections and equip­ erection and completion of such build- > May 25, 1974. Applicant: MORGAN ment and materials incidental to the ings when shipped therewith, and re­ DRIVE AWAY, INC., 2800 W. Lexington erection and completion of such build­ jected shipments of such buildings and Avenue, Elkhart, Ind. 46514. Applicant’s ings when shipped therewith, and re­ commodities and equipment incidental to representative: Paul D. Borghesani jected shipments of such buildings and the handling of such commodities from (same as above). Authority sought to commodities and equipment incidental all points in Wisconsin (except points operate as a common carrier, by motor to the handling of such commodities in Douglas, Washburn, Burnett, Polk, vehicle, over irregular routes, transport­ from (1) all points in Iowa and Minne­ Barron, Saint Croix, Dunn, Pierre and ing: Prefabricated buildings, complete, sota, to all points in Virginia, North Pepin County, W ise.), points in that part knocked down, or in sections and equip­ Carolina, and South Carolina; and (2) of Illinois on and north of Interstate ment and materials incidental to the all points in Wisconsin on and west of a Highway 80, and points in the Upper erection and completion of such build­ line beginning at the Wisconsin-Michigan Peninsula of Michigan to all points in ings when shipped therewith, and re­ State line and U.S. Highway 45, thence Colorado and New Mexico. The purpose,* jected shipments of such buildings and along U.S. Highway 45 to its junction of this filing is to eliminate the gateway commodities and equipment incidental with Wisconsin Highway 153, thence of Monticello, Iowa. to the handling of such- commodities along Wisconsin Highway 153 to its junc­ No. MC 103993 (Sub-No. E64), filed from (1) points in Illinois on and south tion with U.S. Highway 51, thence along May 25, 1974. Applicant: MORGAN of Interstate Highway 80, and in that U.S. Highway 51 to its junction with DRIVE AWAY, INC., 2800 W. Lexington part of Iowa south and east of a line Wisconsin Highway 78, thence along Avenue, Elkhart, Ind. 46514. Applicant’s beginning at the Iowa-Missouri State Wisconsin Highway 78 to its junction representative; Paul D. Borghesani line, thence along Interstate Highway 35 with the Wisconsin-Hlinois State line, (same as above). Authority sought to to junction Interstate Highway 80, thence along Interstate Highway 80 to the Iowa- to all points "in Virginia, North Carolina, operate as a common carrier, by motor Illinois State line to points in North and South Carolina. The purpose of this vehicle, over irregular routes, transport­ Dakota and South Dakota, and (2) from filing is to eliminate the gateway of ing: Prefabricated buildings, complete, Monticello, Iowa. all points in Illinois to points in North knocked down, or in sections, and equip­ Dakota and South Dakota on and west of No. MC 103993 (Sub-No. E61), filed ment and materials incidental to the U.S. Highway 281. The purpose of this May 25, 1974. Applicant: MORGAN erection and completion of such build­ filing is to eliminate the gateway of Polk DRIVE AWAY, INC., 2800 W. Lexington ings when shipped therewith, and reject­ County; Iowa. Avenue, Elkhart, Ind. 46514. Applicant’s ed shipments of such commodities and representative: Paul D. Borghesani equipment incidental to the handling of No. MC 103993 (Sub-No. E70), filed (same as above) . Authority sought to op­ such commodities from points in Mich­ May 25, 1974. Applicant: MORGAN erate as a common carrier, by motor ve­ igan and Ohio (except points in Preble, DRIVE AWAY, INC., 2800 W. Lexington hicle, over irregular routes, transporting: Butler, Hamilton, Montgomery, Warren, Avenue, Elkhart, Ind. 46514. Applicant’s Prefabricated buildings, complete, Clermont, Greene, Clinton, Brown, High­ representative: Paul D. Borghesani (same knocked down, or in sections, and equip­ land, Adams, Pike, Sciota, and Lawrence as above). Authority sought to operate as ment. and materials incidental to the Counties, Ohio), to all points in North a common carrier, by motor vehicle, over erection and completion of such buildings Carolina, South Carolina, and Virginia. irregular routes, transporting: Prefabri­ when shipped therewith, and rejected The purpose of this filing is to eliminate cated buildings, complete, knocked down, shipments of such commodities and the gateway of the plant site and storage or in sections, and equipment and ma­ equipment incidental to the handling of facilities of Walker-Parkersburg, a divi­ terials incidental to the erection and such commodities, from all points in that sion of Textron at Parkersburg, W. Va. completion of such buildings when part of Florida in and east of Jefferson shipped therewith, and rejected ship­ No. MC 103993 (Sub-No. E65), filed ments of such buildings and commodities County, Fla., to (1) all-points in Alaska, May 25, 1974. Applicant: MORGAN California, Colorado (except Las Animas, and equipment incidental to the handl­ DRIVE AWAY, INC., 2800 W. Lexington ing of such commodities from all points Baca, Prowers, Bent, Otero, Crowley, and Avenue, Elkhart, Ind. 46514. Applicant’s Kiowa Counties, Colo.), Idaho, Montana, in Alabama, Florida, Georgia, Illinois, representative: Paid D. Borghesani Indiana, Kentucky, Mississippi, Ohio, Nevada, North Dakota, Oregon, South (same as above). Authority sought to Dakota (except Lake, Moody, McCook, Tennessee, West Virginia, points in that operate as a common carrier, by motor Minnehaha, Hutchison, Turner, Lincoln, part of Michigan on and south of U.S. vehicle, over irregular routes, transport­ Highway 10, and points in that part of Bon Homme, Yankton, Clay, and Union ing: Prefabricated buildings, complete, Counties, S. Dak.), Utah, Washington, Missouri on and east of U.S. Highway 63, knocked down, or in sections, and equip­ to all points in Oregon and Washington. and Wyoming; and (2) all points in New ment and materials incidental to the Mexico on and west of a line beginning The purpose of this filing is to eliminate erection and completion of such buildings the gateway of the plantsite or facilities at the junction of the New Mexico-Colo- when shipped therewith, and rejected rado State line and New Mexico High­ of the Binkly Co., in Warren County, shipments of such commodities and Mo. way 3, thence along New Mexico High­ equipment incidental to the handling of way 3 to its junction with U.S. Highway such commodities from (1) points in No. MC 106603 (Sub-No. E20), filed 64, thence along UB. Highway 64 to its Tennessee to all points in Connecticut, May 10, 1974. Applicant: DIRECT junction with Interstate Highway 25, Massachusetts, Rhode Island, and points TRANSIT LINES, P.O. Box 8008, Grand thence along Interstate Highway 25 to in that part of New York, south of New Rapids, Mich. 49508. Applicant’s repre­ its junction with Interstate Highway 10, York Highway 7; and (2) points in Ten-' sentative: Martin J. Leavitt, 22375 Hag-

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 NOTICES 44375

gerty Rd., P.O. Box 400, Northville, Rapids, Mich, 49508. Applicant’s repre­ Highway 34 to junction Illinois Highway Mich. 48167. Authority sought to operate sentative: Martin J. Leavitt, 22375 Hag­ 17, thence along Illinois Highway 17 to as a common carrier, by motor vehicle, gerty Rd., P.O. Box 400, Northville, Mich. junction UJS. Highway 51, thence along over irregular routes, transporting: 48167. Authority sought to operate as a U.S. Highway 51 to junction Illinois Roofing materials, as described by the common carrier, by motor vehicle, over Highway 48, thence along Illinois High­ Commission, which are building con­ irregular routes, transporting: Roofing way 48 to junction U.S. Highway 66, tractors’ material and supplies, from and roofing materials, which are building thence along UJS. Highway 66 to junc­ points in Ohio on and south of U.S. contractors’ equipment, materials, and tion Illinois Highway 140, thence along Highway 30 to those points in the Upper supplies, from those points in Ohio south Illinois Highway 140 to the Illinois-Mis- Peninsula of Michigan west of a line be­ of a line beginning at the Ohio-West souri State line, to points in Ohio on ginning at the Michigan-Wisconsin Virginia State line and extending along and north of a line beginning at the State line and. extending along Michigan Ohio Highway 39 to junction U.S. High­ Ohio-Indiana State line and extending Highway 35 to junction U.S. Highway way 36, thence along U.S. Highway 36 to along U.S. Highway 30 to junction U.S. 41, thence along U.S. Highway 41 to Lake junction Ohio Highway 229, thence along Highway 30S, thence along U.S. High­ Superior. The purpose of this filing is to Ohio Highway 229 to junction U.S. High­ way 30S to junction Illinois Highway 95, eliminate the gateways of Whiting, Ind.r way 23, thence along UJS. Highway 23 to thence along Illinois Highway 95 to junc­ and Wilmington, HI. junction UJS. Highway 33, thence along tion Illinois Highway 13, thence along No. MC 106603 (Sub-No. E21), filed UJS. Highway 33 to junction UJS. High­ Illinois Highway 13 to junction U.S. May 10, 1974. Applicant: DIRECT way 50, thence along U.S. Highway 50 to Highway 36, thence along U.S. Highway TRANSIT LINES, P.O. Box 8008, Grand junction Ohio Highway 7, thence along 36 to junction U.S. Highway 22, thence Rapids, Midi. 49508. Applicant’s repre­ Ohio Highway 7 to the Ohio-West Vir­ along U.S. Highway 22 to the Ohio-West sentative: Martin J. Leavitt, 22375 Hag­ ginia State line, to those points in the Virginia State line. The purpose of this gerty Rd., P.O. Box 400, Northville, Lower Peninsula of Michigan north and filing is to eliminate the gateway of Midi. 48167. Authority sought to operate west of a line beginning at Lake Michigan Whiting or Lowell, Ind. and extending along U.S. Highway 10 to as a common carrier, by motor vehicle, No. MC 106603 (Sub-No. E27), filed over irregular routes, transporting: junction U.S. Highway 131, thence along U.S. Highway 131 to Lake Michigan. The May 10, 1974. Applicant: DIRECT Roofing materials, as described by the TRANSIT LINES, P .CL Box 8008, Grand Commission, which are contractors’ ma­ purpose of this filing is to eliminate the gateway of South Bend, Ind. Rapids, Mich. 49508. Applicant’s repre­ terials and supplies, from those points sentative: Martin J. Leavitt, 22375 Hag­ in Ohio north of U.S. Highway 30 to No. MC 100603 (Sub-No. E25), filed gerty Rd., P.O. Box 400, Northville, Mich. those points in the Upper Peninsula of May 10, 1974. Applicant: DIRECT 48167. Authority sought to operate as a Michigan south of a line beginning at TRANSIT LINES, P.O. Box 8008, Grand common carrier, by motor vehicle, over Lake Michigan and extending along U.S. Rapids, Mich. 49508. Applicant’s repre­ irregular routes, transporting: Roofing Highway 2 to junction Michigan High­ sentative: Martin J. Leavitt, 22375 Hag­ and roofing materials, and insulating way 95, thence along Michigan Highway gerty Rd., P.O. Box 400, Northville, Mich. bride siding, which are building con­ 95 to junction U.S. Highway 41, thence 48167. Authority sought to operate as a tractors’ materials, from those points in along U.S. Highway 41 to Lake Superior. common carrier, by motor vehicle, over Illinois on, north, and west of a line be­ The purpose of this filing is to eliminate irregular routes, transporting: Roofing ginning at the Illinois-Missouri State the gateways o£ Whiting, Ind., and W il­ and roofing materials, and insulating line and extending along U.S. Highway mington, HI. brick siding, whjch are building contrac­ 51 to junction Interstate Highway 57, No. MC 106603 * (Sub-No. E22>, filed tors’ materials, from those points in Illi­ thence along Interstate Highway 57 to May 4, 1974. Applicant: DIRECT nois on and north of a line beginning junction Illinois Highway 13, thence TRANSIT LINES, P.O. Box 800», Grand at the Illinois-Indiana State line and ex­ along Illinois Highway 13 to junction Rapids, Mfcft. 49508. Applicant’s repre­ tending along Illinois Highway 114 to Illinois Highway 127, thence along Il­ sentative: Martin J. Leavitt, 22375 Hag­ junction Illinois Highway 17, thence linois Highway 127 to junction Interstate gerty Rd., P.O. Box 400, Northville, along Illinois Highway 17 to junction Highway 70, thence along Interstate Mich. 48167. Authority sought to operate U.S. Highway 51, thence along U.S. 51 to Highway 70 to junction UJS. Highway 51, as a common carrier, by motor vehicle, junction U.S. Highway 6, thence along thence along UJ3. Highway 51 to junction over irregular mutes, transporting r UJS. Highway 6 to junction U.S. Highway U.S. Highway 36, thence along u.S. Roofing and roofing materials, which 30, thence along U.S. Highway 30 to Highway 36 to junction UJS. Highway 45, are building contractors’ equipment, the minois-Indiana State line, to those thence along U.S. Highway 45 to junc­ materials, and supplies, from those points in Ohio on and east of a line tion Illinois Highway 17, thence along points in Ohio south of a line beginning beginning at the Ohio-Kentucky State at the Indiana-Ohio State line and ex­ Illinois Highway 17 to junction U.S. line and extending along U.S. Highway Highway 51, thence along U.S. Highway tending along U.S. Highway 30 to junc­ 127 to junction U.S. Highway 75, thence tion U.S. Highway 30N, thence along 51 to junction U.S. Highway 48, thence along U.S. Highway 75 to junction U.S. along UJS. Highway 48 to junction UJ3. U.S. Highway 30N to junction U.S. Highway 49, thence along U.S. Highway Highway 23, thence along U.S. Highway Highway 66, thence along UJ3. Highway 49 to junction U.S. Highway 36, thence 66 to junction Illinois Highway 140, 23 to junction U.S. Highway 33, thence along U.S. Highway 36 to the Ohio-In- along U.S. Highway 33 to junction U.S. thence along Illinois Highway 140 to the diana State line. The purpose of this fil­ Mfesouri-Hlinois State line, to those Highway 50, thence along U.S. Highway ing is to eliminate the gateway of Whit­ 50 to junction Ohio Highway 7, thence ing or Lowell, Ind. points in Ohio on and north of a line be­ along Ohio Highway 7 to the Ohio-West ginning at the Ohio-Indiana State line Virginia State line, to those points in No. MC 106603 (Sub-No. E26), filed and extending along U.S. Highway 6 to the Lower Peninsula of Michigan north May 10, 1974.. Applicant: DIRECT junction Ohio Highway 15, thence along oi a line beginning at Lake Michigan TRANSIT LINES, P.O. Box 8068, Grand Ohio Highway 15 to junction UJS. High­ and extending along UJS. Highway 10 Rapids, Mich. 49508. Applicant’s repre­ way 23, thence along UJS. Highway 23 to to junction U.S. Highway 131, thence sentative: Martin J. Leavitt, 22375 Hag­ junction U.S. Highway SON, thence along along u.S. Highway 131 to junction U.S. gerty Rd., P.O. Box 400, Northville, Mich. 48167. Authority sought to operate as a UJS. Highway 30N to junction Ohio Highway 31, thence along U.S. Highway Highway 39, thence along Ohio Highway to Lake Michigan. The purpose of this common carrier, by motor vehicle, over irregular routes, transporting: Roofing 39 to junction U.S. Highway 250, thence «¡tag k to eliminate the gateway of couth Bend, Ind. and roofing materials and insulated brick along U.S. Highway 250 to junction UJS. siding, which are building contractors’ Highway 22, thence along U.S. Highway Tvyria 100603 (Sub-No. E23), filed materials, from those points in Illinois 22 to the Ohio-West Virginia State line. S hcI t? 4, Applicant: DIRECT south of a line beginning at the IHinois- TRANSIT LINES, P.O. Box 8008, Grand The purpose of this filing is to »Umina^ Iowa State line and extending along UJS. the gateway of Whiting or Lowell, Ind.

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44376 NOTICES

No. MC 106603 (Sub-No. E29), filed (Tupelo and Washington County, extending along the Red River to U.S. May 10, 1974. Applicant: DIRECT Miss.) *, and those in Illinois on and Highway 287, to junction U.S. Highway TRANSIT LINES, P.O. Box 8008, Grand south of a line beginning at Chester and 66, thence along U.S. Highway 66 to the Rapids, Mich. 49508. Applicant’s repre­ extending along Illinois Highway 150 to Texas-New Mexico State line (Florida) *, sentative: Martin J. Leavitt, 22375 Hag­ junction Illinois Highway 154, to junc­ (5) Candy and confectionery and re­ gerty Rd., P.O. Box 400, Northville, Mich. tion U.S. Highway 51, to Ashley, thence lated advertising and promotional ma­ 48167. Authority sought to operate as a along U.S. Highway 460, to the Ulinois- terials, from Philadelphia, Pa., to those common carrier, by motor vehicle, over Indiana State line, restricted against points in Georgia on and south of a line irregular routes, transporting: Insulated the transportation of (a) asphalt to beginning at the Atlantic Ocean and ex­ brick siding, which is building contrac­ points in Illinois; (b) asphalt and lique­ tending along Georgia Highway 99 to tors’ materials and supplies, from those fied petroleum gas to points in Missouri junction Georgia Highway 23, thence points in Illinois bounded on the west by and Oklahoma, and (c> liquefied petro­ along Georgia Highway 23 to junction a line beginning at the Ulinois-Indiana leum gas to points in Sevier, Howard, U.S. Highway 341, thence along U.S. State line and extending along Illinois Little River, Hempstead, Miller, Lafay­ Highway 341 to junction U.S. Highway Highway 114 to junction Illinois Highway ette, Nevada, and Columbia Counties, 280, thence along U.S. Highway 280 to 17, thence along Illinois Highway 17 to Ark., points in that part of Ouachita junction Georgia Highway 257, thence junction Interstate Highway 57, thence County, Ark., lying west of the Ouachita along Georgia Highway 257 to junction "along Interstate Highway 57 to junction River, and points in that part of Union Georgia Highway 91, thence along Geor­ U.S. Highway 36, thence along U.S. High­ County, Ark., lying west of a line extend­ gia Highway 91 to the Georgia-Alabama way 36 to junction U.S. Highway 51, ing along Arkansas Highway 7 to El State line (Jacksonville, Fla.)*; (6) thence along UJS. Highway 51 to junc­ Dorado Ark., and thence along U.S. candy and confectionery, from Philadel­ tion Interstate Highway 70, thence along Highway 167 to the Arkansas-Louisiana phia, Pa., to points in Louisiana, those In Interstate Highway 70 to junction Illi­ State line; and (2) liquid petrochmeicals, Alabama on and south of a line begin­ nois Highway 127, thence along Illinois as defined by the Commission, in bulk, in ning at the Alabama-Georgia State line Highway 127 to junction Illinois High­ tank vehicles, from the plantsites and and extending along U.S. Highway 82 to way 13, thence along Illinois Highway 13 storage facilities utilized by American junction U.S. Highway 80, thence along to junction Interstate Highway 57* thence Mineral Spirits Company at Birming­ U.S. Highway 80 to junction Alabama along Interstate Highway 57 to the Illi- port, Ala., to Iowa, Kansas, Wisconsin Highway 5, thence along Alabama High­ nois-Missouri State line, and on the east (Tupelo, Miss., points in Mississippi way 5 to junction U.S. Highway 84, by a line beginning at the Illinois-Ken­ within the Memphis, Tenn. Commercial thence along U.S. Highway 84 to the tucky State line and extending along In­ Zone, and Barfield, Ark., and points Alabama-Mississippi State line, and terstate Highway 24 to junction Inter­ within 10 miles thereof)*, Illinois (Tu­ those in Mississippi on and south of U.S. state Highway 57, thence along Inter­ pelo, Miss., and points in Mississippi Highway 80 (Pensacola and Tallahassee, state Highway 57 to junction U.S, High­ within the Memphis, Tenn. Commercial Fla.) *; and (7) canned tomato products, way 50, thence along U.S. Highway 50 to Zone) *, Minnesota, and those in Mich­ cheese and spices, from Philadelphia, junction U.S. Highway 51, thence along igan on and north of Interstate High­ Pa., to those points in Alabama on and UJS. Highway 51 to junction Interstate way 94 (Cedartown, Ga.) *. The purpose south of a line beginning at the Alabama- Highway 70, thence along Interstate of this filing is to eliminate the gate­ Georgia State line and extending along Highway 70 to junction Illinois Highway ways as indicated by asterisks above. U.S. Highway 84 to junction Interstate 128, thence along Illinois Highway 128 to No. MC 107107 (Sub-No. E38), filed Highway 65, thence along Interstate junction Illinois Highway 16, thence April 18, 1975. Applicant: ALTERMAN Highway 65 to the Baldwin-Escambia along Illinois Highway 16 to junction In­ TRANSPORT LINES, INC., P.O. Box County line, thence along the Baldwin- terstate Highway 57, thence along In­ 425, Opa Locka, Fla. 33054'. Applicant’s Escambia County line to the Baldwin- terstate Highway 57 to junction Inter­ representative: Ford W. Sewell (same as Monroe County line, thence along the state Highway 74, thence along Interstate above). Authority sought to operate as Baldwin-Monroe County line to the Highway 74 to the Ulinois-Indiana State a common carrier, by motor vehicle, over Baldwin-Clarke County line, thence line, to those points in Ohio on and north irregular routes, transporting: (1) Fro­ along the Baldwin-Clarke County line to of a line beginning at the Ohio-Indiana zen foods, meats, meat products, and the Baldwin-Washington County line, State line and extending along U.S. High­ meat by-products, as defined by the thence along the Baldwin-Washington way 6 ot junction Ohio Highway 15, Commission, from Philadelphia, Pa., to County line to the Mobile-Washington thence along Ohio Highway 15 to junc­ those points in Louisiana on and south of County line, thence along the Mobile- tion U.S. Highway 23, thence along U.S. U.S. Highway 80, and those in Mississippi Washington County line to the Alabfema- Highway 23 to junction U.S. Highway on and south of U.S. Highway 98 (Syl­ Mississippi State line, those in Missis­ 30N, thence along U.S. Highway 30N to vester, Ga.) * ; (2) meats, meat products, sippi on and south of U.S. Highway 84, junction U.S. Highway 30, thence along and meat by-products, as defined by the and those in Louisiana south and west of U.S. Highway 30 to the Ohio-West Vir­ Commission, from Philadelphia, Pa., to a line beginning at the Louisiana-Missis- ginia State line. The purpose of this fil­ those points in Texas on and south of a sippi State line and extending along U.S. ing is to eliminate the gateway of Lowell, line beginning at thè Texas-Arkansas Highway 84 to junction U.S. Highway Ind. State line and extending along U.S. 165, thence along U.S. Highway 165 to No. MC 107002 (Sub-E30), filed May Highway 84 to junction U.S. Highway 82, junction U.S. Highway 80, thence along 12, 1974. Applicant: MILLER TRANS­ thence along U.S. Highway 82 to the U.S. Highway 80 to the Louisiana-Texas PORTERS, INC., P.O. Box 1123, Jackson, Texas-New Mexico State line (Sylvester, State line (Jacksonville, Fla.) *. The pur­ Miss. 39205. Applicant’s representative: Ga.)*; (3) fresh meats, from Philadel­ pose of this filing is to eliminate the gate­ John J. Borth (same as above). Author­ phia, Pa., to those points in Texas north ways as indicated by asterisks above. ity sought to operate as a common car­ of a line beginning at the Texas-Arkan­ No. MC 107295 (Sub-N o. E58), filed sas State line and extending along U.S. rier, by motor vehicle, over irregular May 9,1974. Applicant: PRE FAB TRAN­ routes, transporting: (1) Petroleum Highway 84 to junction U.S. Highway 82, S IT CO., P.O. Box 146, Farmer City, 111. products, as described by the Commis­ thence along U.S. Highway 82 to the 61842. Applicant’s representative; Dale Texas-New Mexico State line, and south sion, in bulk, in tank vehicles, from the L. Cox (same as above). Authority so u g h t plantsites and storage facilities utilized of a line beginning at the Texas-Okla- to operate as à common carrier, by motor homa State line and extending along the by American Mineral Spirits Company vehicle, over irregular routes, t r a n s p o r t ­ Red River to U.S. Highway 287, to junc­ at Birmingport, Ala., to points in Ar­ ing: Hardwood flooring, from W h ite tion U.S. Highway 66, thence along U.S. kansas (Tupelo and Friars Point, Miss., Lake, Wis., to points in Arizona, points in Highway 66 to the Texas-New Mexico California in and south of Monterey, San or Tupelo, Miss., Union County, Miss., State line (Florida) * ; (4) frozen foods, and Memphis, Tenn.) *, Louisiana (Tu­ from Philadelphia, Pa., to those points Benito, Fresno, Tulare, and San Bernar­ pelo and Vicksburg, Miss., or Tupelo and in Texas on and south of a line beginning dino Counties, points in New Mexico in, Lamberton, Miss.) *, Oklahoma, Missouri at the Texas-Oklahoma State line and West, and south of San Juan, McKinley,

FEDERAL REGISTER, VOL. 40, NO . 188— FRIDAY, SEPTEMBER 26, 1975 NOTICES 44377

V a le n c ia , Bernalillo, Torrance, Lincoln, North Carolina in and east of Caswell, Counties, Wyo.; (4) between points in De Baca, Roosevelt, and Curry Counties. Alamance, Chatham, Lee, Moore, and Greenlee, Graham, Gila, - Maricopa, The purpose of this filing is to eliminate Richmond Counties, and points in Vir­ Yuma, Pinal, Pima, Cochise, and Santa the gateway of Warren, Ark. ginia in -and east of Highland, Bath, Cruz Counties, Ariz., on the one hand, No. MC 107295 (Sub-No. E32) (Correc­ Rockridge, Bedford, and Pittsylvania and, on the other, points in Campbell tion) , filed May 14,1974, published in the Counties. The purpose of this filing is to County, Wyo.; (5) between points in eliminate the gateway of Harrisonburg, Federal R e g i s t e r March 10, 1975. Appli­ Greenlee, Graham, Gila, Pima, Pinal, Va. cant: PRE-PAB TRANSIT CO., P.O. Box Cochise, and Santa Cruz Counties, Ariz., 146, Parmer City, 111. 61842. Applicant’s No. MC 107993 (Sub-No. E l), filed on the one hand, and, on the other, representative: Dale L. Cox (same as June 4, 1974. Applicant: J. J. W ILLIS Sheridan County, Wyo. (n ) (A) (1) be­ above). Authority sought to operate as a TRUCKING COMPANY, P.O. Box 20096, tween points in Benton, Carroll,,Boone, common carrier, by motor vehicle, over Dallas, Tex. 75220. Applicant’s repre­ Washington, Madison, Newton, Craw­ irregular routes, transporting: Prefabri­ sentative: Joseph P. Willis (same asf ford, Franklin, Johnson, Pope, Sebas­ cated, buildings, complete, knocked down, above). Authority sought to operate as a' tian, Logan, Yell, Scott, Polk, Montgom­ or in sections, and when transported in common carrier, by motor vehicle, over ery, Garland, Howard, Pike, Clark, Hot connection with the transportation of irregular routes, transporting: Machin­ Spring, Sevier, Hempstead, Nevada, Lit­ such buildings, component parts thereof ery, equipment, materials, and supplies tle River, Miller, and Lafayette Counties, and equipment and materials incidental used in, or in connection with, the dis­ Ark., on the one hand, and, on the other, to the erection and completion of such covery, development, production, refin­ points in that part of Caddo Parish, La., buildings: * *.* (4) from points in that ing, manufacture, processing, storage, south of U.S. Highway 80, De Soto, Red part of Pennsylvania located in, west, transmission, ahd distribution of natural River, Sabine, Natchitoches, Vernon, and south of Mercer, Butler, Armstrong, gas, and petroleum and their products Rapides, Beauregard, Allen, Evangeline, Indiana, Cambria, Blair, Huntingdon, and by-products, machinery, materials, Saint Landry, Calcasieu, Jefferson Davis, and Franklin Counties to points in Con­ equipment, and supplies used in, or in Acadia, Lafayette, Saint Martin, Iber­ necticut, Massachusetts, New Hampshire connection with, the construction, op­ ville, Ascension, Cameron, Vermilion, Rhode Island, and Vermont; and (5) eration, repair, servicing, maintenance, Iberia, Saint Mary, part of Saint Martin, from points in that part of Pennsylvania and dismantling of pipelines, including Assumption, Saint James, Saint John located in, west, and south of Mercer, the stringing and picking up thereof, the Baptist, Lafourche, Saint Charles, Venango, Clarion, Jefferson, Clearfield, (I) (A ) between points in Arizona, on the Orleans, Terrebonne, Jefferson, Plaque­ Centre, Mifflin, Juniata, Perry, Dauphin, one hand, and, on the other, points in mines, and Saint Bernard Parishes, La. and Lancaster Counties to points in Arkansas; (B) (1) ' between points in (2) Between points in Benton, Carroll, Maine. The purpose of this filing is to Pueblo, Larimer, Otero, Las Animas, and Boone, Washington, Madison, Newton, eliminate the gateways of: In (4) above, Denver Counties, Colo., on the one hand, Crawford, Franklin, Johnson, Pope, Se­ Baltimore, Md.; and in (5) above, Balti­ and, on the other, points in Pima, Santa bastian, Logan, Yell, Scott, Polk, Mont­ more, Md. The purpose of this partial Cruz and Yuma Counties, Ariz.; (2) be­ gomery, Garland, Howard, Pike, Clark, correction is to correct the territorial tween points in Moffat County, Colo., on Hot Spring, Sevier, Hempstead, Nevada, description. The remainder of this letter- the one hand, and, on the other, points Little River, Miller, and Lafayette Coun­ notice remains as previously published. in Santa Cruz County, Ariz.; (3) be­ ties, Ark., on the one hand, and, on the tween points in Otero and Las Animas No. MC 107295 (Sub-No. E76), filed other, points in Ouachita Parish, La.; Counties, Colo., on the one hand, and, on (3) between points in Benton, Carroll, May 14, 1974. Applicant: PRE-PAB the other, points in Gila, Yavapai, and TRANSIT CO., P.O. Box 146, Parmer Boone, Washington, Madison, Newton, Maricopa Counties, Ariz.; (4) between Crawford, )Franklin, Johnson, Pope, Se­ City, HI. 61842. Applicant’s representa­ points in Logan, Washington, Sedgwick, tive: Dale L. Cox (same as above). bastian, Logan, Yell, Scott, Polk, Mont­ Phillips, Yuma, Lincoln, K it Carson, gomery, Garland, Howard, Pike, Clark, Authority sought to operate as a com­ Cheyenne, Kiowa, Crowley, Bent, Prow­ mon carrier, by motor vehicle, over Hot Spring, Sevier, Hempstead, Nevada, ers, and Baca Counties, Colo., on the one Little River, Miller, and Lafayette Coun­ irregular routes, transporting: Compo­ hand, and, on the other, points in Mari­ sition board, from Chicago, HI., to points ties, Ark., on the one hand, and, on the copa, Navajo, Pima, Pinal, Santa Cruz, other, points in Beauregard, Allen, Evan­ in Alabama in and south of Choctaw, Yavapai, Yuma Counties, Ariz., and that Marengo, Wilc6x, Dallas, Lowndes, Mont­ geline, Saint Landry, Pointe Coupee, part of Arizona on and south of U.S. West Feliciana, East Feliciana, Saint gomery, Macon, and Russell Counties, Highway 66 in Coconino County, Ariz.; points in Arizona and New Mexico. The Helena, Tangipahoa, Washington, Cal­ (5) between points in Greenlee, Graham, casieu, Jefferson Davis, Acadia, Lafay­ purpose of this filing is. to eliminate the and Cochise Counties, Ariz., on the one gateway of Trumann, Ark. ette, Saint Martin, Iberville, West Baton hand, and, on the other, points in that Rouge, East Baton Rouge, Livingston, No. MC 107295 (Sub-No. E149) , filed part of Colorado on, and north and east Saint Tammany, Cameron, Vermilion, JSLri3’ 1974< Applicant: PRE-FAB of a line beginning at the Colorado-NeW Iberia, Saint Mary, part of Saint Mar­ RANSIT CO., P.O. Box 146, Farmer Mexico State line extending along U.S. tin, Assumption, Ascension, Saint James, City, 111. 61842. Applicant’s representa- Highway 550 to Montrose, thence along Saint John the Baptist, Lafourche, Terre­ tive: Dale L. Cox (same as above). U.S. Highway 50 to the Colorado-Utah bonne, Saint Charles, Orleans, Jefferson, Authority sought to operate as a com­ State line. . Plaquemines, and Saint Bernard Par­ mon carrier,, by motor vehicle, over (C) Between points in Arizona, on the ishes, La.; (B) between points in Arkan­ irregular routes, transporting: Insula- one hand, and, on the other, points in sas, on the one hand, and, on the other, turn materials, from Chicago, 111., to Kansas; (D) between points in Arizona, points in New Mexico; (C) between points in New Mexico in and south of on the one hand, and, on the other, points in Arkansas, on the one hand, and, McKinley, Valencia, Socorro, Lincoln, De points in Oklahoma; (E) (1) between on the other, points in that part of Texas ■tsaca, Roosevelt, and Curry Counties. The points in Cochise County, Ariz., on the west and south of a line beginning at Purpose of this filing is to eliminate the one hand, and, on the other, points in the New Mexico-Texas State line ex­ gateway of Camden, Ark. Wyoming; (2) between points in Pima, tending along U.S. Highway 80 to junc­ Pinal, and Santa Cruz Counties, Ariz., tion U.S. Highway 54, thence along U.S. No. MC 107295 (Sub-No. E190), fi on. the one hand, and, on the other, 1974. Applicant: p r e -F Highway 54 to El Paso, Tex., thence points in Sheridan, Johnson, Natrona, along U.S. Highway 80 to Abilene, thence K TfiCO.( P.O. Box 146, Farr Carbon, Campbell, Converse, Albany, tivp’ r ! 1-! 6i 842* Applicant’s represen along U.S. Highway 84 to the Texas- Crook, Weston, Niobrara, Platte, Lara­ Louisiana State line, including points thorifi?ale \ F ? X (same as above). I mie, and Goshen Counties, Wyo.; (3) be­ on the indicated portions of the high­ c a r r iZ i f " ? * « operate as. a comm tween points in Yuma County, Ariz., on rontoe m°k)r vehicle, over irregu ways specified, and points in Lea and the one hand, and, on the other, Camp­ Eddy Counties, N. M e^ Doors door s bell, Converse, Albany, Crook, Weston, tions,t2 Tfin from ans/?°1rting: Columbus, Ohio, and to points (III) (A) Between points in Colorado, Niobrara, Platte, Laramie, and Goshen on the one hand, and, on the other, points

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44378 NOTICES in Louisiana; (B) (1) between points in Bernalillo, Torrance, Guadalupe, Quay, 'Smith Xsame as above). Authority sought Moffat, Routt, Jackson, Larimer, Boul­ Catron, Socorro, De Baca, Curry, Lin­ to operate ns a common carrier, by motor der, Weld, Logan, Sedgwick, Morgan, coln, Roosevelt, Chaves, Sierra, Otero, vehicle, over irregular routes, transport­ Phillips, Washington, Yuma, Adams, Lea, Grant, Hidalgo, Luna, Dona Ana, ing: (1) Meats, meat products, meat by­ Denver, Arapahoe, Douglas, Elbert, Lin­ and Eddy Counties, N. Mex. (V) (A) products, and articles distributed by meat coln, K it Carson, El Paso, Cheyenne, between points in Louisiana, onthe one packinghouses, as described in Sections Pueblo, Crowley, Kiowa, Otero, Bent, hand, and, on the other, points in Okla­ A and C of Appendix I to the report in Prowers, and Baca Counties, Colo., on homa; (B) between points in Louisiana, Descriptions in Motor Carrier Certifi­ the one hand, and, on the other, points in on the one hand, and, on thft other, cates, 61 M.C.C. 209, 273, 766, dairy prod­ Quay, De Baca, Curry, Roosevelt, Chavis, points in Utah; (C) between points in ucts., frozen foods, satad dressing, yeasts, Grant,« Sierra, Otero, Hidalgo, Luna, and Louisiana, on the one hand, and, on the uncooked bakery goods, fish, and pre­ Dona Ana Counties, N. Mex.; (2) between other, points in Wyoming. pared salads, in vehicles equipped with points in Moffat, Routt, Jackson, Lari­ (V I) (A ) Between points in New Mex­ mechanical refrigeration, and (2) Food­ mer, Boulder, Weld, Logan, Sedgwick, ico (except points in Union County), on stuffs, in vehicles equipped with mechan­ Morgan, Phillips, Washington, Yuma, the one hand, and, on the other, points ical refrigeration (except those described Adams, Denver, Arapahoe, Douglas, El­ in Oklahoma (except points an Cimar­ in Paragraph L above, and alcoholic bev­ bert, Lincoln, K it Carson, El Paso, Chey­ ron County); -(B) (1) between points in erages, and except canned goods from enne, Pueblo, Crowley, Kiowa, Otero, Quay, Curry, Roosevelt, ¡Chaves, Otero, Paris, Tex., when moving in mixed loads Bent, Prowers, Baca, Rio Blanco, Gar­ and Dona Ana Counties, N. Mex., on the with one or more of the commodities-de­ field, Eagle, Grand, Summit, Gilpin, Jef­ one hand, and, on the other, points in scribed in Paragraph 1 above), from ferson, Clear Creek, Mesa, Pitkin, Lake, Utah; (2) between points in Hidalgo and points in ¡California to points in Ohio, Park, Delta, Gunnison, Chaffee, Fremont, Colfax Counties, N. Mejj., on the one Arkansas, Oklahoma, Kansas, Missouri, Saguache, Custer, Huerfano, and Las hand, and, on the other, points in Cache Illinois, Iowa, Michigan, Mississippi, Animas Counties, Colo., on the one hand, County, Utah; (3) between points in Wisconsin, Indiana, Minnesota, and Ne­ and, on the other, points in Hidalgo and Hidalgo County, N. Mex., on the one braska. The purpose of this filing is to Quay Counties, N. Mex.; (3) between hand, and, on the other, points in Utah eliminate the gateways of points In points in Logan, Sedgwick, Phillips, and Unitah Counties, Utah; (4) between Texas. The purpose of this correction is Washington, Yuma, K it Carson, Chey­ points in Colfax County, N. Mex., on the to correct the origin States. enne, Kiowa, Bent, Prowers and Baca ^ene hand, and, on the other, points in No. MC 108207 (Sub-No, E40) (Cor­ Counties, Colo., on the one hand, and, Iron County, Utah; CC) (1) between' rection), filed May 31,1974, published in points in Quay, Curry, De Baca, Roose­ on the other, points in Bernalillo, Tor­ the F ederal R egister December 3, 1974. rance, and Socorro Counties, N. Mex.; velt, Chaves, Lincoln, Otero, Dona Ana, Applicant: FROZEN FOOD EXPRESS, (4) between points in K it Carson County, Luna and Hidalgo Counties, N. Mex., on INC., P.O. Box 5888, Dallas, Tex. 75222. Colo,, on the one hand, and, on the the one hand, and, on the other, points in Applicant’s representative: Mike Smith other, points in McKinley, Sandoval, Los Wyoming; (2) between points in Ber­ (same as above). Authority sought to Alamos, and Santa Fe Counties, N. Mex.; nalillo and Socorro Counties, N. Mexico, operate as a common carrier, by motor (5) between points in Mesa County, on the one hand, and, on the other, points vehicle, over irregular routes, transport­ Colo., on the one hand, and, on the other, in Teton, Yellowstone National Park, ing: Fresh meats, from points ln Cali­ points in Otero County, N. Mex. ; (C) be­ Park, Hot Springs, Washakie, Big Horn, fornia, New Mexico, Texas, and Arizona tween points in Colorado, on the one Sheridan, Johnson, Campbell, Converse, to Louisville, Ky., and Pittsburgh, Pa. hand, and, on the other, points in that Crook, Weston, Niobrara, Platt, and The purpose of this filing is to eliminate part of Texas west and south of a line Goshen Counties, Wyo.; (3) between the gateway of Mt. Pleasant, Tex. The beginning at the New Mexico-TexaS points in Santa Fe County, N. Mex., on purpose of this correction Is to correct State line extending along U S. Highway the one hand, and, on the other, points the gateway above. 80 to junction U.S. Highway 54, thence in Sheridan County, Wyo. (V II) (A ) be­ tween points in that part of Texas west No. MC 108207 (Sub-No. E51) (Cor­ along U.S. Highway 54 to El Paso, thence rection) . filed May 31, 1974, published in along U.S. Highway 80 to Abilene, thence and south of a line beginning at the the F ederal R egister December 3, 1974. along U.S. Highway 84 to the Texas- New Mexico-Texas State line extend­ ing along U.S. Highway 80 to junction Applicant; FROZEN FOOD EXPRESS, Louisiana State line, including points on INC., P.O. Box 5888, Dallas, Tex. 75222. the indicated portions of the, highways U.S. Highway 54, thence along U.S. Highway 54 to El Paso, thence along U.S. Applicant’s representative: xMike Smith specified and points in Lea and Eddy Highway 80 to Abiliene, thence along (same as above). Authority sought to Counties, N. Mex. U S. Highway 84 to the Texas-Louisiana operate as a common carrier, by motor (IV ) (A ) Between points in Kansas State line, including points on the indi­ vehicle, over irregular routes, transport­ on the one hand, and, on the other, ing: Meats, meat products, meat by­ points in Louisiana; (B) between points cated portions of the highways specified, and points in Lea and Eddy Counties, N.^ products, and dairy products, from Co­ in Phillips, Smith, Jewell, Republic, Mex., on the one hand, and, on the other,' lumbus Junction, Iowa, to points in New Washington, Marshall, Nemaha, Brown, points in Utah and Wyoming. The pur­ Mexico, Arizona, California, Texas, Doniphan, Rooks, Osborne, Mitchell, pose of this filing is to eliminate the Louisiana, Mississippi, and Memphis, Cloud, Clay, Riley, Pottawatomie, Jack- gateway of points in that part of Texas Term. The purpose of this filing is to son, Atchison, Jefferson, Leavenworth, east and north of a line beginning at the eliminate the gateways of points in Ottawa, Lincoln, Shawnee, Wabaunsee, New Mexico-Texas State line extending Texas, Oklahoma, and Arkansas. The Wyandotte, Ellis,Russell, Dickinson, along U.S. Highway 80 to junction U.S. purpose of this correction is to correct Geary, Douglas, Johnson, Saline, Ells­ Highway 54, thence along U.S. Highway the above gateway. worth, Morris, Osage, Lyon, Franklin, 54 to El Faso, thence along U.S. Highway No. MC 108676 (Sub-No. E l), filed Miami, Rush, Barton, McPherson, 80 to Abilene, thence along U.S. High­ Marlon, Rice, Chase, Coffey, Anderson, September 14, 1974. Applicant: A. J. way 84 to the Texas-Louisiana State line, METLER HAULING & RIGGRSTG, INC., Linn, Pawnee, Stafford, Reno, Harvey, including points on the indicated por­ Gneepwood. Edwards, Butler, Woodson, 117 Chicamauga Ave., Knoxville, Tenn. tions of the highways specified, and 37917. Applicant’s representative: A. A- Allen, Bourbon, Sedgwick, Pratt, Kiowa, points in Lea and Eddy Counties, N. Kingman, Wilson, Neosho, Crawford, Metier (same as above). Authority Mex. Elk, Ford, Meade,Clarke, Comanche, sought to operate as a common carrier, Barber, Harper, Sumner, Cowley, Labette, No. MC 108207 (Sub-No. E35) (Cor­ by motor vehicle, over irregular routes, Cherokee, Seward,and Chautauqua rection) , filed May 19, 1974, published transporting: Marble and iron and steel articles, the transportation of which, Counties, Kans., on the one hand, and, in the F ederal R egister December 12, __ fvu> use on the other, points in Colfax, Union, 1974. Applicant: FROZEN FOOD EX­ Mora, Harding, McKinley, Sandoval, Los PRESS, INC., P C . Box 5888, Dallas, Tex. of special equipment or special handling, Alamos, Santa Fe, San Miguel, Valencia, 75222. Applicant’s representative: Mike and when moving in connection there-

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 NOTICES 44379

with, related marble and iron and steel Graham, Swain, Jackson, Transylvania, and, on the other, points in Watauga, articles, the transportation of which, Henderson, Rutherford, Cleveland, Lin­ Wilkes, Surry, Allegheny, and Ashe because of size or weight, does not re­ coln, Mecklenburg, Cabarrus, Stanly, Counties, N.C. quire the use of special equipment'or, Montgomery, Moore, Hoke, Robeson, (C) Between points in Alabama, on the handling; (A ) (1) between points in Bladen, and Pender Counties; (5) be­ one hand, and, on the other, points in Lancaster, Kershaw, Lee, Chesterfield, tween points in that part of Alabama in Virginia; (D) (1) between points in Bar­ Marlboro, Spartanburg, Cherokee, Dar­ and west of Jackson, De Kalb, Cherokee, bour County, Ala., on the one hand, and, lington, York, Chester, Fairfield, Rich­ Cleburne, Randolph, Clay, Coosa, El­ on the other, points in that part of Ken­ land, Sumter, Florence, Marion, Dillon, more, Montgomery, Lowndes, Wilcox, tucky in and east of Daviess, Ohio, But­ and Horry Counties, S.C., on the one Monroe, and Baldwin Counties, on the ler, Edmonson, Barren, and Monroe hand, and, on the other, points in Lau­ one hand, and, on the other, points in Counties, (2) between points in Houston, derdale and Colbert Counties, Ala., (2) that part of North Carolina north of Henry, Barbour, Dale, and Geneva Coun­ between points in Lancaster, Kershaw, Graham, Swain, Jackson, Transylvania, ties, on the one hand, and, on the other, Lee, Chesterfield, Marlboro, Darlington, Henderson, Rutherford, Cleveland, Lin­ points in that part of Kentucky in and Dillon, Spartanburg, Cherokee, York, coln, Mecklenburg, Cabarrus, Stanly, east of Hancock, Breckinridge, Grayson, Chester, Lancaster, Kershaw, Sumter, Montgomery, Moore, Lee, Harnett, Edmonson, Barren, and Monroe Coun­ Florence, Marion, and Horry Counties, Sampson, Duluth, Onslow, and Carteret ties, (3) between points in that part of S.C., on the one hand, and, on the other, Counties. Alabama located in, east, and north of points in that part of Alabama on, west, (6> Between points in that part of Covington, Crenshaw, Pike, and Barbour and north of a line beginning at the Alabama located in and west of Jack- Counties, on the one hand, and, on the Tennessee-Alabama State line, thence son, De Kalb, Cherokee, Cleburne, Ran­ other, points in that part of Kentucky in along U.S. Highway 231 to junction U.S. dolph, Clay, Coosa, Elmore, Montgomery, and east of Meade, Hardin, Larue, Green, Highway 72, thence along U.S. Highway Crenshaw, and Covington Counties, on Adair, and Cumberland Counties; (4) 72 to the Mississippi-Alabama State line, the one hand, and, on the other, points in between points in that part of Alabama and (3) between points in Spartanburg, that part of North Carolina in, east, and located in or east of Chambers, Talla­ Cherokee, York, Lancaster, Chesterfield, north of Madison, Buncombe, McDowell, poosa, Elmore, Montgomery, Butler, Cov­ Darlington, Marlboro, Dillon, Marion, Burke, Catawba, Iredell, Rowan, David­ ington, Escambia, Baldwin, and Mobile Florence, and Horry Counties, S.C., on son, Randolph, Chatham, Wake, Frank­ Counties, on the one hand, and, on the the one hand, and, on the other, points lin, Nash, Wilson, Edgecombe, Pitt, and other, points in that part of Kentucky in that part of Alabama on, west, and Craven Counties; (7) between points in in and east of Jefferson, Spencer, Nelson, north of a line beginning at the Ten­ Alabama (except Russell, Barbour, Marion, Taylor, Adair, and Cumberland nessee-Alabama State line and extending Henry, Dale, Geneva, and Houston Coun­ along U.S. Highway 231 to junction Counties; (5) between points in that part ties) , on the one hand, and, on the other, of Alabama located in and south of Cle­ Alabama Highway 20, thence along points iff that part of North Carolina on Alabama Highway 20 to junction Ala­ burne, Calhoun, Talladega, Coosa, Chil­ and north of a line beginning at the ton, Dallas, Marengo, and Choctaw bama Highway 24, thence along Alabama Tennessee-North Carolina State line ex­ Highway 24 to the Alabama-Mississippi Counties, on the one hand, and, on the tending along U.S. Highway 441 to junc­ other, points in Kentucky located in and State line. tion U.S. Highway 19 and 23, thence (B) (1) Between points in Alabama east of Carroll, Henry, Franklin, Ander­ along U.S. Highway 19 and 23 to junction son, Washington, Marion, Casey, Pulaski, located in and west of Jackson, Marshall, Blue Ridge Parkway, thence along Blue Blount, Jefferson, Tuscaloosa, Hale, and McCreary Counties; (6) between Ridge Parkway to junction U.S. Highway points in Alabama located in and south Marengo, Clarke, and Washington 421, thence along U.S. Highway 421 to Counties, Ala., on the one hand, and, on of Cherokee, Etowah, Saint Claire, Jef­ junction Interstate Highway 40, thence ferson, Tuscaloosa, and Pickens Counties, the other, points in North Carolina (ex­ along Interstate Highway 40 to junction cept Cherokee, Clay, Macon, Graham, on the one hand, and, on the other, Interstate Highway 85, thence along In­ points in that part of Kentucky on and Swain, Jackson, Transylvania, Hender­ terstate Highway 85 to junction North son, Polk, Rutherford, Cleveland, Lin­ east of a line beginning at the Tennessee- Carolina Highway 98, thence along North Kentucky State line, thence along U.S. coln, and Gaston Counties, N.C.); (2) Carolina Highway 98 to junction U.S. between points in Alabama located in, Highway 27 to junction U.S. Highway Highway 64, thence along U.S. Highway 127, thence along U.S. Highway 127 to north, and west of Cherokee, Etowah, 64 to the Atlantic Ocean; (8) between the Kentucky-Ohio State line. Blount, Walker, Tuscaloosa, Hale, points in Alabama (except Russell, Bar­ (7) Between points in Alabama (ex­ Marengo, Clarke, and Washington Coun­ bour, and Henry Counties), on the one ties, on tiie onp hand, and, on the other, hand, and, on the other, points in that cept Lauderdale, Colbert, Lawrence, and points in North. Carolina (except Chero­ part of North Carolina on, north, and Franklin Counties), on the one hand, and, on the other, points in that part of kee, Graham, Swain, Clay, Macon, Jack- east of a line beginning at the Tennessee- Kentucky east of a line beginning at the son, Transylvania, Henderson,. Polk, North Carolina State line extending Rutherford, Cleveland, Lincoln, Gaston, along U.S. Highway 441 to junction U.S. Tennessee-Kentucky State line, thence Mecklenburg, Cabarrus, Stanly, Mont­ along Interstate Highway 75 to junction Highway 19 and 23, thence along U.S. Kentucky Highway 627, thence along gomery, Orrien, Arison, Richmond, and Highway 19 and 23 to junction Blue Scotland Counties, N.C.) -r (3) between Kentucky Highway 627 to Winchester, Ridge Parkway, thence along Blue Ridge Ky., thence along Kentucky Highway 227 points in that part of Alabama in, north, Parkway to junction U.S. Highway 421, to Paris, Ky., thence along U.S. Highway and west of a Cherokee, Etowah, Blount, thence along U.S. Highway 421 to junc­ Jefferson, Shelby, Bibb, Perry, Dallas, tion Interstate Highway 40, thence along 27 to the Kentucky-Ohio State line; (8) Wilcox, Monroe, and Baldwin Counties, Interstate Highway 40 to junction Inter­ between points in Alabama, on the one on tiie one hand, and, on the other, state Highway 85, thence along Inter­ hand, and, on the other, points in that poljJte in that part of North Carolina state Highway 85 to junction North part of Kentucky in and east of Boyd, nortii and east of Graham, Swain, Carolina Highway 86, thence along North Lawrence, Johnson, Magoffin, Breathitt, Jackson, Transylvania, Henderson, Carolina Highway 86 to the Virginia- Owsley, Jackson, Laurel, and Whitley Rutherford, Cleveland, Lincoln, Meck- North Carolina State line; (9) between Counties; (E) (1) between points in that part of Alabama in and south of Bar­ enburg, Cabarrus, Stanly, Montgomery, points in Alabama (except points in bour, Pike, Crenshaw, Butler, Conecuh, Moore, Hoke, Robeson, Columbus, and Henry, Dale, Geneva, and Houston Counties; (4) between points Counties), on the one hand, and, on the Escambia, Baldwin, and Mobile Counties, m that part of Alabama in and west of other, points in that part of North Caro­ on the one hand, and, on the other, Jackson, De Kalb, Cherokee, Cleburne, lina located in and north of Watauga, points in that part of Tennessee on, east, and north of a line beginning at the Ten­ Shelby. Chilton, Dallas, W il- Wilkes, Yadkin, Stokes, Rockingham, tc£*’ Conroe, and Baldwin Counties, on Caswell, Person, Granville, Vance, and nessee-Kentucky State line, thence along U.S. Highway 127 to Crossville, Tenn., i? ha?d’ and’ on other, points Warren Counties; and (10) between n that part of North Carolina north of thence along U.S. Highway 70 to the points in Alabama, on the one hand, Tennessee-North Carolina State line;

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(2) between points in Alabama, on the land, Powhattan, Chesterfield, Charles shaw, 'Stephens, Franklin, Hart, Elbert, one hand, and, on the other, points in City, New Kent, King and Queen, and Wilkes, Taliaferro, Warren, Glascock, that part of Tennessee in, east, and Middlesex Counties. Jefferson, Emanuel, Toombs, A p pling’ north of Campbell, Anderson, Knox, and (5) Between points in that part ofBaton, Ware, Atkinson, Berrien, Cook, Sevier Counties; (P) (1) between points Georgia in and west of Union, Lumpkin, Colquitt, and Thomas Counties, on the in that part of Georgia east and south of Dawson, Forsyth, Fulton, Fayette, Pike, one hand, and, on the other, points in U.S. Highway 411, on the one hand, and, Upson, Taylor, Schley, Sumter, Worth, that part of Kentucky in and west of on the other, points in that part of North Colquitt, and Thomas Comities, on the Lawrence, Johnson, Magoffin, Breathitt, Carolina in and east of Watauga, Wilkes, one hand, and, on the other, points in Owsley, Clay, and Bell Counties; (2) Alexander, Iredell, Rowan, Davidson, that part of Virginia in, west, and north between points in Georgia (except points Randolph, Chatham, Lee, Harnett, Cum­ of Carroll, Floyd, Roanoke, Bedford, in and west of Fannin, Gilmer, Pickens, berland, and Robeson Counties; (2) be­ Campbell, Appomatox, Buckingham, Cherokee, Fulton, DeKalb, Henry, Butts, tween points in that part of Georgia west Cumberland, Fluvanna, Louisa, Spotsyl­ Lamar, Upson, Talbot, and Harris Coun­ and north of a line beginning at the vania, Caroline, Essex, and Westmore­ ties), on the one hand, and, on the other, Georgia-Tennessee State line, thence land Counties; (6) between points in that points in that part of Kentucky in and along U.S. Highway 411 to junction U.S. part of Georgia in and west of Towns, east of Daviess, Ohio, Grayson, Hart, Highway 41, thence along U.S. Highway White, Hall__Gwinnett, Dekalb, Henry, Barriem, and Monroe Counties, and on 41 to junction Georgia Highway 61, Spalding, Pike, Upson, Taylor, Schley, and west of Boyd, Carter, Elliott, Mor­ thence along Georgia Highway 61 to Villa Sumter, Worth, Colquitt, and Thomas gan, Wolfe, Breathitt, Owsley, Clay, and Rila, Ga., thence along U.S. Highway 78 Counties, on the one hand, and, on the Bell Counties; (3) between. points in to the Georgia-Alabama State line, on other, points in that part of Virginia in, Georgia (except points in and north of the one hand, and, on the other, points west, and north of Washington, Smyth, Haralson, Paulding, Cobb, Fulton, Clay­ in that part of North Carolina located in, Wythe, Pulaski, Montgomery, Roanoke, ton, Fayette, Merriwether, Harris, Mus­ west, and south of Watauga, Wilkes, Al­ Botetourt, Rockbridge, Amherst, Lynch­ cogee, and Chattahoochee Counties, on exander, Iredell, Rowan, Davidson, Ran­ burg, Nelson, Albemarle, Fluvanna, the one hand, and, on the other, points dolph, Chatham, Wake, Johnston, Louisa, Spotsylvania, and King George in that part of Kentucky in and east Wayne, Duplin, and Onslow Counties. Counties; (7) between points in that part of Bullitt, Hardin, Larue, Taylor, Casey, (3) Between points in that part ofof Georgia in and west of Towns, White, Pulaski, and McCreary Counties and in Georgia located in, east, and south of Hall, Gwinnett, Rockdale, Newton, Jas­ and west of Boyd, Carter, Elliott, Mor­ Union, Fannin, Gilmer, Gordon, Bartow, per, Jones, Twiggs, Houston, Dooly, Crisp, gan, Wolfe, Breathitt, Owsley, Clay, and Paudling, and Haralson Counties, on the Turner, Tift, Cook, and Lowndes Coun­ Bell Counties; (4) between points in one hand, and, On the other, points in ties, on the one hand, and, on the other, Georgia (except points in and west of that part of North Carolina east and points in that part of Virginia in, west, Murray, Gordon, Bartow, and Polk Coun­ north of a line beginning at the North and north of Washington, Smyth, Wythe, ties, on the one hand, and, on the other, Carolina-Virginia State line, thence Pulaski, Montgomery, Roanoke, Botetour, points in that part of Kentucky in and along U.S. Highway 301 to Rocky Mount, Rockbridge, Nelson, Albemarle, Flu­ east of Hancock, Breckinridge, Hardin, thence along U.S. Highway 64 to Wil- vanna, Louisa, Spotsylvania, and Staf­ Larue, Green, Adair, and Cumberland liamston, thence along U.S. Highway 17 ford Counties; (8) between points in that Counties and in and west of Boyd, Carter, to New Bern, thence along U.S. Highway part of Georgia in and west of Towns, Elliott, Morgan, Wolfe, Breathitt, Ows­ 70 to the Atlantic Ocean; (G) (1) be­ White, Hall, Gwinnett, Rockdale, New­ ley, Clay, and Bell Counties; (5) between tween points in that part of Geòrgia in ton, Jasper, Putnam, Baldwin, Wilkinson, points in Georgia (except points in and and west of Murray, Gordon, Bartow, Bleckley, Pulaski, Wilcox, Turner, Tift, east of Hart, Elbert, Oglethorpe, Talia­ Paudling, Douglas, Coweta, Merriwether, Cook, and Lowndes Counties, on the one ferro, Warren, Glascock, Jefferson, Harris,. Muscogee, and Chattahoochee hand, and, on the other, points in that Burke, Jenkins, and Screven Counties, on Counties, on the one hand, and, on the part of Virginia in and west of Alleghany, the one hand, and, on the other, points in other, points in Virginia; (2) between Rockbridge, Augusta, Rockingham, Page, that part of Kentucky in and east of points in that part of Georgia in and west Warren, and Clarke Counties; (9) be­ Martin, Floyd, Knott, Perry, Leslie, and of Union, Fannin, Gilmer, Pickens, Bar- tween points in that part of Georgia in Harlan Counties; and (6) between points town, Paulding, Douglas, Coweta, Merri­ and west of Towns, White, Hall, Gwin­ in Georgia, on the one hand, and, on wether, Harris, Muscogee, and Chat­ nett, Rockdale, Newton, Jasper, Jones, the other, points in that part of Ken­ tahoochee Counties; on the one hand, Twiggs, Laurens, Wheeler, Telfair, Cof- tucky in and east of Jefferson, Spencer, and, on the other, points in Virginia (ex­ f e, Atkinson, Lanier, and Lowndes Washington, Marion, Casey, Pulaski, and cept points in and south of Patrick, Counties, on the one hand, and, on the McCreary Counties and in and west of Franklin, Pittsylvania, Halifax, and other, Bristol and Winchester, Va. Boyd, Carter, Elliott, Morgan, Wolfe, Becklenburg Counties, Va.) ; (3) between (10) Between points in that part of Breathitt, Owsley, Clay, and Bell Coun­ points in that part of Georgia in and Georgia in and west of Towns, White, ties. west of Union; Lumpkin, Dawson, Hall, Jackson, Clarke, Oconee, Morgan, (I) (1) Between points in Chatham, Forsyth, Fulton, Fayette, Merriwether, Putnam, Baldwin, Wilkinson, Twiggs, Effingham, Bryan, and Liberty Counties, Harris, Muscogee,' and Chattahoochee Houston, Dooly, Crisp, Turner, Tift, Cook, Ga., on the one hand, and, on the other, Counties, on the one hand, and, on the and Lowndes Counties, on the one hand, points in that part of Tennessee in and other, points in that part of Virginia and, on the other, points in that part west of Claiborne, G r a i n g e r , Hamblen, located in, west, and north of Carroll, of Virginia on, north, and west of a line Jefferson, and Sevier Counties and in Floyd, Roanoke, Bedford, Campbell, Ap- beginning at the West Virginia-Virginia and north of Lauderdaler Haywood, pomatox, Buckingham, i Cumberland, State line, thence along U.S. Highway Madison, Henderson, Decatur, Peny, Powhattan, Chesterfield, Charles City, 250 to junction Interstate Highway 81, Lewis, Maury, Williamson, Rutherford, James City, and York Counties (except thence along Interstate Highway 81 to Cannon, Warren, Van Buren, Bledsoe, Northampton and Accomack Counties) ; the West Virginia-Virginia State line; Rhea, Meigs, McMinn, and Monroe Coun­ (4) between points in that part of and (11) between points in that part ties; (2) between points in Fannin, Georgia in and west of Union, Lumpkin, of Georgia on and west of a line begin­ Union, and Towns Counties, Ga., on the Dawson, Forsyth, Fulton, Fayette, Merri­ ning at the North Carolinh-Georgia State one hand, and, on the other, points in wether, Harris, Muscogee, Chatta­ line, thence along U.S. Highway 441 to that part of Tennessee in and west of hoochee, Stewart, Randolph, Calhoun, junction U.S. Highway 23, thence along Henry, Carroll, Henderson, Chester, and Baker, and Decatur Counties, on the one U.S. Highway 23 to the Georgia-Florida McNairy Counties, and in and east of State line, on the one hand, and, on hand, and, on the other, points in that Scott, Anderson, Knox, and Sevier Coun­ the other, Winchester, V a.;-(KD (1) be­ part of Virginia in, west, and north of ties; (3) between points in that part Carroll, Floyd, Roanoke, Bedford, Camp­ tween points in that part of Georgia bell, Appomatox, Buckingham, Cumber- in and east ofi' Union, White, Haber- of Georgia in and east of Columbia, Rich-

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mond, Burke, Screven, Effingham, and son, Knox, Union, and Campbell Coun­ other, points in that part of Tennessee Chatham Counties, on the one hand, and, ties; (ID- between points in that part of in and west of Campbell, Anderson, on the other, points in that part of Ten­ Georgia in and west of Union, Lumpkin, Knox, and Blount Counties; and (4) be­ nessee in and north and west of Dyer, Hall, Gwinnett, De Kalb, Henry, Butts, tween points in that part of South Caro­ Gibson, Carroll, Benton, Humphreys, Monroe, Bibb, Twiggs, Bleckley, Dodge, lina on and east of U.S. Highway 601, on Dickson, Cheatham, Davidson, Wilson, Telfair, Ben Hill, Irwin, Berrien, and the one hand, and, on the other, points Cannon, Warren, Van Buren, Cumber­ Lowndes Counties, on the one hand, and, in Tennessee in, west, and north of Clai­ land, Morgan, Anderson, Knox. Union, on the other, points in that part of Ten­ borne, Grainger, Hamblen, Jefferson, and Claiborne Counties; (4) between nessee in and east of Campbell, Ander­ Knox, Roane, Cumberland, Van Buren, points in that part of Georgia in and son, Knox, and Sevier Counties and in Warren, Cannon, Rutherford, Marshall, east of Columbia, Richmond, Burke, or west of Greene and Sullivan Counties. and Giles Counties; ( L ) ( l ) between Screven, Effingham, Bryan, Liberty, Mc­ (12) Between points in that part of points in that part of North Carolina in, Intosh, Glynn, and Camden Counties, on Georgia in and west of Union, Lumpkin, east, and south of Gaston, Lincoln, Ca­ the one hand, and, on the other,' points Hall, Gwinnett, Dekalb, Henry, Butts, tawba, Alexander, Iredell, Davie, David­ in that part of Tennessee in and north Jasper, Putnam, Baldwin, Wilkinson, son, Guilford, and Rockingham Coun­ of Montgomery, Cheatham, Davidson, Laurens, Wheeler, Jeff Davis, Bacon, ties, on the one hand, and, on the other, Wilson, Smith, Putnam, Cumberland) and Ware Counties, on the one hand, points in that part of Kentucky in and Morgan, Anderson, Knox, Union, and and, on the other, points in that part of west of Pendleton, Harrison, Bourbon, Claiborne Counties; (5) between points Tennessee in and north of Campbell, Clark, Madison, Rock Castle, Laurel, in that part of Georgia located in and Anderson, Knox, Grainger, Hamblen, Knox, and Bell Counties; (2) between east of Union, Towns, Habersham, and Hawkins Counties and that part of points in that part of North Carolina in, Stephens, Franklin, Hart, Elbert, Wilkes, Sullivan County, Tenn., on and west of south, and east of Robeson, Bladen, Pen­ McDuffie, Richmond, Burke, Screven, U.S. Highway 23; (13) between points in der, Onslow, Carteret, Craven, Beaufort, Effingham, and Chatham Counties, on Georgia (except points in that part of Martin, Bertie, and Hertford Counties, the one hand, and, on the other, points Georgia in and east of Lincoln, Wilkes, on the one hand, and, on the other points in that part of Tennessee in and north McDuffie, Jefferson, Burke, Jenkins, and in that part of Kentucky in and west of of Dyer, Crockett, Madison, Carroll, and Screven Counties), on the one hand, Campbell, Pendleton, Harrison, Bourbon, Henry Counties, and points in Knox and and, on the other, points in Campbell, Clark, Powell, Wolfe, Breathitt, Owsley, Anderson Counties, Tenn.; (6) between Anderson, Knox, Grainger, Hamblen, Clay, Knox, and Bell Counties; (3) be­ points in that part of -Georgia in and Hancock, Claiborne, and Union Coun­ tween points in North Carolina (except east of Columbia, Richmond, Burke, ties, Tenn.; (14) between points in points in that part of North Carolina in Emanuel, Toombs, Appling, Bacon, Ware, Georgia, on the one hand, and, on the and north of Watauga, Wilkes, Yadkin, Clinch, Lanier, and Lowndes Comities, other, points in Knox, Anderson, Camp­ Forsyth, Guilford, Alamance, Caswell, on the one hand, and, on the other, points bell, and Union Counties, Tenn.; (J) (1) Person, Granville, Vance, Warren, Hali­ in that part of Tennessee in and north between points in Jasper, Hampton, fax, and Bertie Counties), on the one of Montgomery, Robertson, Sumner, Colleton, Dorchester, Charleston, and hand, and, on the other, points in that Trousdale, Smith, Putnam, Cumberland, Beaufort Counties, S.C., on the one part of Kentucky in and west of Mason, Morgan, Anderson, Knox, Union, and hand, and, on the other, points in Ken­ Fleming, Bath, Menifee, Powell, Estill, Claiborne Counties. tucky; (2) between points in that part Jackson, Lauren, and Whitley Counties; (7) Between points in that part of of South Carolina in and south of and (4) between points in North Caro­ Georgia in and east of Union, Townsr Coonee, Anderson, Abbeville, Green­ lina, on the one hand, and, on the other, Habersham, Stephens, Franklin, Hart, wood, Saluda, Lexington, Richland, Cal­ points in that part of Kentucky in and Elbert, Wilkes, McDuffie, Richmond, houn, Orangeburg, Dorchester, and west of Campbell, Pendleton,'Harrison, Burke, Emanuel, Toombs, Appling, Charleston Counties, on the one hand, Bourbon, Clark, Powell, Estill,. Jackson, Bacon, Ware, Clinch, Lanier, and and, on the other, points in that part of Laurel, and Whitley Counties; (M ) (1) Lowndes Counties, on the one hand, and, Kentucky in and west of Boyd, Carter, between points in that part of North on the other, points in Weakley, Henry, Elliott, Morgan, Wolfe, Breathitt, Ows­ Carolina in, east, and south of Vance, Anderson, and Knox Counties, Tenn.; ley, Clay, and Bell Counties; and (3) Franklin, Nash, Wilson, Wayne, Samp­ (8) between points in that part of Geor­ between points in South Carolina, on the son, Cumberland, Hoke, and Scotland gia in and west of Union, Fannin, Daw­ one hand, and, on the other, points in Counties, on the one hand, and, on the son, Forsyth, Fulton, Clayton, Henry, that part of Kentucky in and west of other, points in that part of Tennessee Butts, Monroe, Bibb, Twiggs, Bleckley, Mason, Robertson, Nicholas, Bourbon, in and west of Claiborne, Grainger, Pulaski, Wilcox, Ben Hill, Irwin, Berrien, Fayette, Madison, Rock Castle, Laurel, Hamblen, Jefferson, and Sevier Coun­ and Lowndes Counties, on the one hand, Knox, and Bell Counties; (K ) (1) be­ ties; and (2) between points in that part and, on the other, points in that part tween points in South Carolina, on the of North Carolina in and east of Madi­ of Tennessee in and east of Campbell, one hand, , and, on the other, points in son, Buncombe, and Rutherford Coun­ Anderson, Knox, and Sevier Counties; that part of Tennessee west and north of ties, on the one hand, and, on the other, (9) between points in that part of Claiborne, Grainger, Jefferson," Cocke, points in that part of Tennessee in and Georgia in and east of Hart, Madison, Lincoln, Bedford, Coffee, Grundy, Se­ west of Claiborne, Union, Knox, and Clarke, Oglethorpe, Wilkes, McDuffie, quatchie, Bledsoe, Rhea, Meigs, McMinn, Blount Counties. Jefferson, Emanuel, Treutlen, Wheeler, Monroe, Blount, and Sevier Counties; (N) (1) Between points in Northamp­ Telfair, Ben Hill, Irwin, Tift, Worth, (2) between points in that part of South ton County, Va., on the one hand, and, Dougherty, Baker, Miller, and Seminole Carolina located in, north, and east of on the other, points in that part of Ken­ «y n^es’ on one hand, and, on the Greenville, Spartanburg, Union, Fair- tucky in and west of Kenton, Grant, other, points in that part of Tennessee field, Richland, ' Calhoun, Orangeburg, Scott, Fayette, Madison, Estill, Lee, m and north of Macon, Jackson, Put­ Colleton, and Jasper Counties, on the Breathitt, Owsley, Clay and Bell Coun­ nam, Cumberland, Morgan, Anderson, one hand, and, on the other, points in ties; (2) between points in that part of Knox, Union, and Campbell Counties; Tennessee (except points in and east of Virginia in, east, and south of Henry, GO) between points in that part of Claiborne, Grainger, Jefferson, and Franklin, Roanoke, Bedford, Campbell, Georgia in and east of Hart, Madison, Sevier Counties, and points in Marion, Appomattox, Prince Edward, Nottoway! Clarke, Oconee, Greene, Putnam, Bald­ Sequatchie, . Hamilton, Bradley, and Dinwiddie, Prince George, James City, win, Wilkinson, Laurens, Dodge, Wilcox, Polk Counties). Gloucester, arid Northampton Counties, crisp, Lee, Dougherty, Baker, Miller, (3) Between points in that part ofon the one hand, and, on the other, points in that part of Kentucky in and ana Seminole Counties, on the one hand, South Carolina in and east of Spartan­ and, on the other, points in that part of west of Gallatin, Owen, Scott, Fayette, burg, Union, Fairfield, Richland, Sum­ Madison, Jackson, Laurel, and Mc­ Tennessee in and north, of Pickett, ter, Clarendon, Berkeley, and Charleston Creary Counties; (3) between points in Fentress, Cumberland, Morgan, Ander­ Counties, on the one hand, and, on the Virginia in, north, and east of Augusta,

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Albemarle, Fluvanna, Cumberland, ger, Union, Anderson, fCnox, and Blount Cocke, Hambjlen, Jefferson, Knox, An­ Amelia, Nottoway, and Brunswick Coun­ Counties; (3) between points in that part derson, Roane, Cumberland, Van Buren, ties, and in and south of Mecklenberg, of Kentucky in Trimble, Henry, Franklin, Warren, Grundy, and Marion Counties; Halifax, and Pittsylvania Counties, on Anderson» Washington, Marion, Nelson, (12) between points in that part of Ken­ the one hand, and, on the other, points in Bullitt, Jefferson, Oldham, Shelby, and tucky in, south, and east of Pike, Floyd,. that part of Kentucky in, west, and south Spencer Counties and in and west of Magoffin, Breathitt, Perry, Leslie, and of Hardin, Larue, Marion, Casey, Pu­ Hancock, Daviess, McLean, Hopkins, Bell Counties, on the one hand, and, on laski, Laurel, Knox, and Bell Counties; Caldwell, Lyon, Marshall, and Calloway the other, points in that part of Ten­ (4) between points in that part of Vir­ Counties, on the one hand, and, on-the nessee in and south of Blount, Knox, ginia in and south of Washington, other, points in that part of Sullivan Anderson, Roane, Cumberland, White, Smythe, Wythe, Pulaski, Montgomery, County, Tenn., on and east of U.S. High­ DeKalb, Cannon, Rutherford, Marshall, Roanoke (including Roanoke), Bedford way 19 and 19E, and points in, south, and Maury, Hiclpnan, Perry, Decatur, Hen­ (including Lynchburg), Campbell, Appo- east of Johnson, Carter, Washington, derson, Madison, Gibson, and Dyer Coun­ matox, Prince Edward, Amelia, Powhat- Greene, Hamblen, Jefferson, Knox, An­ ties; (13) between points in Pike, Knott, tan, Henrico, New Kent, Gloucester, and derson, Loudon, McMinn, and Monroe Perry, Leslie, Bell, Harlan, and Letcher Northampton Counties, on the one hand, Counties. Counties, Ky., on the one hand, and, on and, on the other, points in that part of (4) Between points in Franklin, Owen,the other, points in that part of Tennes­ Kentucky in and west of Carroll, Henry, Gallatin,. Carroll, Trimble, and Henry see in and south of Blount, Knox, Ander­ Franklin, Anderson, Washington, Mar­ Counties, Ky., on the one hand, and, on son, Morgan, Cumberland, Putnam, De- ion, Taylor, Adair, Russell, and Clinton the other, points in Sullivan County, Kalb, Wilson, Davidson, Williamson, Counties; (5) between points in that Tenn., and east of U.S. Highway 19 and Hickman,. Perry, Decatur, Henderson, part of Virginia in, south, and east of 19E, and points in, south, and east of Madison, Gibson, and Dyer Counties; and Washington, Smythe, Wythe, Pulaski, Johnson, Carter, Washington, Greene, (14) between points in Harlan and Bell Montgomery, Roanoke (including Roa­ Hamblen, Jefferson, Knox, Anderson, Counties, Ky., on the one hand, and, on noke), Bedford (including Lynchburg), Roane, Meigs, and Hamilton Counties; the other, points in that part of Tennes­ Campbell, Appomatox, Prince Edward, (5) between points in that part of Ken­ see in and south of Blount, Knox, Ander­ Amelia, Powhattan, Henrico, Hanover, tucky in Jefferson County and in and son, Morgan, Cumberland, Putnam, De- Spotsylvania, Culpeper, and Stafford west of Hancock, Daviess, McLean, Hop­ Kalb, Wilson, Davidson, Cheatham, Counties, on the one hand, and, on tlie kins, Caldwell, Lyon, Marshall,, and Cal­ Montgomery, Stewart, Henry, Weakley, other, points in that part of Kentucky in loway Counties, on the one hand, and, Obion, and Lake Counties; (Q) between and west of Jefferson, Bullitt, Nelson, on the other, points in that part of Ten­ points in that^part of Kentucky in, south, Marion, Taylor, Adair, Russell, and Clin­ nessee in, southland east of Johnson, and west of Livingston, Lyon, Trigg, and ton Counties; (6) between points in that Sullivanr Washington, Greene, Hamblen, Christian Counties, on the one hand, and, part of Virginia east of Giles, Pulaski, Jefferson, Knox, Anderson, Loudon, Mc­ on the other, points in that part of Ken­ Floyd, and Patrick Counties, on the one Minn, and Monroe Counties; (6) between tucky in and south of Bell, Harlan, hand, and, on the other, points in that points in that part of Kentucky in and Fletcher, and Pike Counties; (R ) (1) be­ part of Kentucky in, west, and south of east of Mason, Robertson, Nicholas, tween points in that part of Tennessee Hardin, Larue, Marion, Casey, Pulaski, Bourbon, Fayette, Madison, Rock Castle, in and west of Henry, Carroll, Madison, Laurel, and Whitley Counties. Pulaski, and McCreary Counties, on the Haywood, Tipton, and Shelby Counties, (7) Between points in that part of one hand, and, on the other, points in on the one hand, and, on the other, points Virginia east of Giles, Pulaski, Wythe, Knox, Blount, Monroe, McMinn, and in that part of Tennessee in and east of and Grayson Counties, on the one hand, Loudon Counties, Tenn.; (7) between Campbell, Anderson, Knox, Loudon, Mc­ and, on the other, points in that part of points in Fayette County, Ky., on the Minn and Monroe Counties. Kentucky in, west, and south of Hardin, one hand, and, on the other, points in (2) Between points in that part of Ten­ Larue, Marion, Casey, Pulaski, and Mc­ that part of Tennessee in, south, and east nessee in and west of Montgomery, Dick­ Creary Counties; (8) between points in of Unicoi, Washington, Greene, Hamblen, son, Hickman, Maury, and Giles Coun­ that part of Virginia, on the one hand, Jefferson, Knox, Anderson, Roane, Meigs, ties, on the one hand, and, on the other, and, on the other, points in that part of and Hamilton Counties; (8) between points in that part of Tennessee in and Kentucky in and west of Hardin, Larue, points in that part of Kentucky in and east of Campbell, Anderson, Knox, and Marion Taylor, Adair, Russell, and Clin­ east of Boyd, Lawrence, Elliott, Morgan, Blount Counties; (3) between points in ton Counties; (O) (1) between points in Wolfe, Lee, Jackson, Laurel, and Whit­ that part of Tennessee in and west of that part of Virginia in and east of ley Counties, on the one hand, and, on Pickett, Fentress, Morgan, Anderson, Frederick, Warren, Rappahannock, the other, points in Shelby, Knox, Sevier, Knox, and Blount Counties, on the one Madison, Greene, Albemarle, Fluvanna, Blount, Monroe, McMinn, and Loudon hand, and, on the other, points in that Goochland, Powhattan, Amelia, Notto­ Counties, Tenn.; (9) between points in part of Tennessee in and east of Han­ way, and Brunswick Counties, on the one Mason, Lewis, Greenup, Carter, and Boyd cock, Grainger, Jefferson, and Cocke hand, and,, on the ôther, points in that Counties, Ky., on the one hand, and, on Counties; (4) between points in that part part of Tennesepe in and west of Clai­ the -other, points in that part of Ten­ of Tennessee in and south of Bradley, borne, Grainger, Hamble, and Cocke nessee in, south, and east of Cocke, Ham­ McMinn, Loudon, Blount, Sevier, and Counties; and (2) between points in Vir-' blen, Jefferson, Knox, Anderson, Roane, Cocke Counties, on the one hand, and, on ginia, on the one hand, and, on the other, Cumberland, Bledsoe, Sequatchie, the other, points in Scott and Campbell points in that part of Tennessee in and Grundy, Coffee, and Franklin Counties; Counties, Tenn.; and (5) between points west of Scott, Anderson, Knox, and (10) between points in that part of Ken­ in that part of Tennessee in and south of Blount Counties; (P) (1) between points tucky in, south, and east of Pike, Floyd, Hamilton, Meigs, Loudon, Blount, and in that part of ■ Kentucky in, west, and MaGoffin, Breathitt, Owsley, and Jack- Sevier Counties, on the one hand, and, south of Jefferson, Bullitt, Hardin, Gray­ son Counties, Laurel and Whitley Coun­ on the other, points in Campbell and son, Edmonson, Barren, Monroe, Cum­ ties, on the one hand, and, on the other, Claiborne Counties, Tenn.; and (6) be­ berland, and Clinton Counties, on the one points in that part of Tennessee located tween points in that part of Virginia in hand, and, on the other, points in that in, south, and east of Blount, Knox, and west of Buchanan, Russell, aim part of Tennessee in and east of Haw­ Roane, Cumberland, Van Buren, Warren, Washington Counties, on the one hand, kins, Grainger, Knox, and Blount Coun­ Coffee, and Franklin Counties and in and, on the other, points in Graham, ties; (2) between points in that part of Tipton, Haywood, Madison, Hardeman, Cherokee, and Clay Counties, N.C. The Kentucky in and west of Jefferson, Bul­ Fayette, and Shelby Counties, Tenn. purpose of this filing is to eliminate the litt, Hardin, Grayson, Edmonson, War­ (11) Between points in Boyd County,gateway of Knoxville, Tenn.- ren, and Allen Counties, on the one hand, Ky., on the one hand, and, on the other, No. MC 109478 (Sub-No. E17) (Correc­ and, on the other, points in that part of points in that part of Tennessee in Shel­ tion) , filed May 15,1974, published in the F ederal R egister January 22, 1975. Ap- Tennessee in and east of Hancock, Grain­ by County and in, south, and east of

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 NOTICES 44383

plicant: WORSTER MOTOR LINES, Orleans, Wayne, and Wyoming Counties, fruits and vegetables, and fruit and vege­ INC., Gay Road, P.O. Box 110, North N.Y., and points in Ontario County, N.Y., table juice, from points in New York on East, Pa. 16428. Applicant’s represent­ on and west of New York Highway 21. and west of a line extending from Lake ative: Joseph F. MacKrell, 23 West Tenth The purpose of this filing is to eliminate Ontario south along New York Highway St., Erie, Pa. 16501. Authority sought to the gateways of Genesee and Monroe 250 to junction New York Highway 104, operate as a common carrier, by motor Counties, N.Y. thence along New York Highway 104 to vehicle, over irregular routes, transport­ junction New York Highway 350, thence ing: (1) Food products (except frozen No. MC 109478 (Sub-No. E22), filed May 15, 1974. Applicant: WORSTER along New York Highway 350 to junction foods), in bulk, in tank vehicles, from New York Highway 31, thence along New Lawton, Mich., to Fall River, Boston, MOTOR LINES, INC., Gay Road, P.O. Box 110, North East, Pa. 16428. Appli­ York Highway 31 to junction New York New Bedford, and Taunton, Mass., Highway 21, thence along New York Jersey City, N.J., and those points in cant’s representative: Joseph F. Mac- Krall, 23 West Tenth St., Erie, Pa. 16501. Highway 21 to junction New York High­ New Jersey within 25 miles thereof, way 17, thence along New York Highway Swedesboro, N.J., Providence, R.I., all Authority sought to operate as a common carrier, by motor vehicle, over irregular 17 to junction New York Highway 19, points in New York and points in Penn­ thence along New York Highway 19 to sylvania on and west of a line begin­ routes, transporting: (1) Foodstuffs, in bulk, in tank vehicles, from points in the New York-Pennsylvania State line, ning at the Pennsylvania-New York to points in Allegheny, Beaver, Butler, State line extending along U.S. High­ New York on and west of a line begin­ ning at Lake Ontario and extending Crawford, Erie, Fayette, Greene, Law­ way 15 to junction U.S. Highway 220, rence, Mercer, Somerset, Venango, Wash­ thence along U.S. Highway 220 to the along New York Highway 14 to junction New York Highway 230, thence along ington, and Westmoreland Counties, Pa. Pennsylvania-Maryland State line; and The purpose of this filing is to eliminate (2) Preserved foodstuffs (except frozen New York Highway 230 to junction New York Highway 54, thence along New York the gateways of Chautauqua and Erie foods), in bulk, in tank vehicles, from Counties, N.Y. Lawton, Mich., to the District of Colum­ Highway 54 to the New York-Pennsyl­ bia. The purpose of this filing is to elimi­ vania State line to Fall River, Boston, No. MC 109473 (Sub-No. *E30) (Cor­ nate the gateways of (1) Geneva, Ohio New Bedford, and Taunton, Mass., and rection) , filed May 15, 1974, published in and LeRoy, N.Y., and points within 50 Providence, R.I.; and (2) Foodstuffs, in the F ederal R egister January 22, 1975. miles thereof, and (2) Geneva, Ohio, and bulk, in tank vehicles, from points in Applicant: WORSTER MOTOR LINES, LeRoy or Mt. Morris, or Oakfield, N.Y. Chautauqua, Erie, Livingston, Niagara, INC., Gay Road, P.O. Box 110, North The purpose of this correction is to clar­ Orleans, Wayne, and Wyoming Counties, East, Pa. 16428. Applicant’s representa­ ify the filing. N.Y., and points in Ontario County, N.Y., tive: Joseph F. MacKrell, 23 W. 10th on and west of New York Highway 21 to St., Erie, Pa. 16501. Authority sought to No. MC 109478 (Sub-No. E18) (Correc­ Jersey City, N.J., and points in NeW Jer­ operate as a common carrier, by motor tion) , filed May 15, 1974, published in the sey within 25 miles thereof and Swedes­ vehicle, oyer irregular routes, transport­ Federal R egister Januafy 22, 1975. Ap­ boro, N.J. The purpose of this filing is ing: Grape juice or grape juice concen­ plicant: WORSTER MOTOR LINES, to eliminate the gateways of Monroe and trates, in bulk, in tank vehicles, . . . The INC., Gay Road, P.O. Box 110, North Genesee Counties, N.Y. purpose of this correction is to reflect the East, Pa. 16428. Applicant’s represent­ correct commodity description. The re­ ative: "Joseph F. MacKrell, 23 West No. MC 109478 (Sub-No. E23), filed May 15, 1974. Applicant: WQRSTER mainder of the letter-notice remains as Tenth St., Erie, Pa. 16501. Authority previously published. sought to operate as a common carrier, MOTOR LINES, INC., Gay Road, P.O. by motor vehicle, over irregulajL routes, Box 110, North East, Pa. 16428. Appli­ No. MC 109478 (Sub-No. E31) (Cor­ transporting: Food products (except cant’s representative: Joseph F. Mac­ rection) , filed May 15, 1974, published in frozen foods), in bulk, in tank vehi­ Krell, 23 West Tenth St., Erie, Pa. 16501. the F ederal R egister January 22, 1975. cles, from Boston and Waban, Mass., Authority sought to operate as a common Applicant: WORSTER MOTOR LINES, Jersey City, N.J., and points in New carrier, by motor vehicle, over irregular INC., Gay Road, P.O. Box 110, North Jersey within 25 miles thereof, points routes, transporting: (1) Fruit and vege­ East, Pa. 16428. Applicant’s representa­ in New York, Geneva, Ohio, Phila­ table juices, in bulk, in tank vehicles, tive: Joseph F. MacKrell, 23 W. 10th delphia, and Erie County, Pa., to points from points in the Lower Peninsula of St., Erie, Pa. 16501. Authority sought to in the Lower Peninsula of Michigan. The Michigan to Fall River, Boston, New Bed­ operate as a common carrier, by motor purpose of this filing is to eliminate the ford, and Taunton, Mass., Jersey City, vehicle, over irregular routes, transport­ gateways of Brocton, N.Y., Genesee and N.J., and points in New Jersey within 25 ing: Grape juice and grape juice concen­ Monroe Counties, N.Y., LeRoy, N.Y., and miles thereof, Swedesboro, N.J., points in trates, from points in Erie County, N.Y., points within 50 miles thereof and Erie New York and Pennsylvania and Provi­ within 50 miles of LeRoy, N.Y., to points County, Pa. The purpose of this correc­ dence, R.I.; and (2) Preserved fru it and in Massachusetts, Rhode Island, and tion is to clarify the filing. vegetable juices, in bulk, in tank vehicles, Connecticut; and (2) Grape juice, from from points in the Lower Peninsula of Chautauqua and Erie Counties, N.Y., and No. MC 109478 (Sub-No. E21), filed Michigan and Ohio to Baltimore, Md., Erie County, Pa., to- points in Massa­ May 15, 1974. Applicant: WORSTER and the District of Columbia. The pur­ chusetts, Rhode Island, Connecticut, MOTOR LINES, INC., Gay Road, P.O. pose of this filing is to eliminate the New Jersey, Delaware, Maryland, West Box 110, North East, Pa. 16428. Appli­ gateways of; (1) Westfield, N.Y., LeRoy, Virginia, and the District of Columbia. cant’s representative: Joseph F. Mac­ N.Y., and 50 miles thereof, Genesee and The purpose of this filing is to eliminate Krell, 23 West Tenth St., Erie, Pa. 16501. Monroe Counties, N.Y., Geneva, Ohio, the gateways of (1) Brocton and West- Authority sought to operate as a common Erie County, Pa„ Chautauqua and Erie field, N.Y., and (2) Brocton and West- carrier, by motor vehicle, over irregular Counties, N.Y.; and (2) Westfield, N.Y., field, N.Y., and North East, Pa. The pur­ routes, transporting: (1) Foodstuffs, in North East, Pa., Erie County, Pa., Ge­ pose of this correction is to clarify the bulk, in tank vehicles, from Boston and neva, Ohio, LeRoy, Mt. Morris, and Oak- filing. Waban, Mass., to points in New York on field, N.Y. and west of a line beginning at Lake On­ No. MC 109478 (Sub-No. E34), filed tario and extending along New York No. MC 109478 (Sub-No. E26), filed May 15, 1974. Applicant: WORSTER Highway 14 to junction New York High- May 15, 1974. Applicant; WORSTER MOTOR LINES, INC., Gay Road, P.O. way 23°’ thence along New York Highway MOTOR LINES, INC., Gay Road, P.O. Box 110, North East, Pa. 16428. Appli­ to junction New York Highway 54, Box 110, North East, Pa. 16428. Appli­ cant’s representative: Joseph F. Mac­ thence along New York Highway 54 to cant’s representative: Joseph F. Mac­ Krell, 23 West Tenth St., Erie, Pa. 16501. the New York-Pennsylvania State line; Krell, 23 West Tenth St., Erie, Pa. 16501. Authority sought to operate as a com­ and (2) Foodstuffs, in bulk, in tank ve- Authority sought to operate as a common mon carrier, by motor vehicle, over hicles, from Philadelphia, Pa., to points carrier, by motor vehicle, over irregular irregular routes, transporting: (1) Wine; in Chautauqua, Erie, Livingston, Niagara, routes, transporting: Fresh and preserved (a) from Boston and Waban, Mass., and

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Jersey City, N.J., and points in New Highway 219, thence along U.S. Highway representative: Joseph F. MacKrell, 23 Jersey within 25 miles thereof to points 219 to junction U.S. Highway 322, thence West Tenth St., Erie, Pa. 16501. Au­ in Illinois, Indiana, Ohio, and points in along U.S. Highway 322 to, Harrisburg, thority sought to operate as a common the Lower Peninsula of Michigan; (b) Pa., thence along U.S. Highway 15 to carrier; by motor vehicle, over irregular from Philadelphia, Pa., to points in Illi­ the Maryland-Pennsylvania State line. routes, transporting: (1) Preserved food nois, Indiana, the Lower Peninsula of The purpose of this filing is to eliminate products (other than frozen or in bulk, Michigan and points in Ohio on, north, the gateways of Brocton and Westfield, in tank vehicles); (a) from Crawford and west of a line extending from the N.Y., and Northeast, Pa. County, Pa., to Connecticut, Delaware, Pennsylvania-Ohio State line extending Massachusetts, New Jersey, New York, No. MC 109478 (Sub-No. E36), filed and Rhode Island; and (b) from Cam­ along Interstate Highway 90 to junction May 15, 1974. Applicant: WORSTER Interstate Highway 271, thence along In ­ bridge Springs, Pa., to Baltimore, Md., MOTOR LINES, INC., Gay Road, P.O. and Washington, D.C. (2) Food products terstate Highway 271 to junction Inter­ Box 110, North East, Pa. 16428. Ap­ state Highway 71, thence along Interstate (other than frozen or in bulk, in tank plicant’s representative: Joseph F. Mac- vehicles); (a) from Crawford County, Highway 71 to junction U.S. Highway 224, Krall, 23 West Tenth St., Erie, Pa. 16501. thence along U.S. Highway 224 to Find­ Pa., to points in Illinois, New Hampshire, Authority sought to operate as a common Vermont, and points in Maine on and lay, Ohio, thence along Interstate High­ carrier, by motor vehicle, over irregular way 75 to junction U.S. Highway 33, south of a line beginning at the Maine- routes, transporting: Wine; (a) from New Hampshire State line and extend­ thence along U.S. Highway 33 to the North East, Pa., to points in Massachu­ Ohio-Indiana State line; (c) from points ing along U.S. Highway 2 to Bangor, setts, Connecticut, Rhode Island, that Maine, thence along Alternate U.S. High­ in New York on, south, and west of a part of New York on and east of a line line beginning at Lake Ontario and ex­ way 1 to Ellsworth, Maine, and thence beginning at Lake Erie and extending along Maine Highway 3 to Bar Harbor, tending along New York Highway 13 to along UJ3. Highway 17 to junction U.S. junction U.S. Highway 11, thence along Maine; and (b) from Cambridge Springs, Highway 62, thence along U.S. Highway Pa., to points in Indiana located on and U.S. Highway 11 to the New York-Penn- 62 to the Pennsylvania-New York State sylvania State line to points in Illinois, west of U.S. Highway 31. (3) Foodstuffs line, New Jersey, Delaware, Maryland, (other than frozen or in bulk, in tank ve­ Indiana, Ohio, and points in the Lower West Virginia, the District of Columbia, Peninsula of Michigan; and (d) from hicles) , from points in Crawford County, Indiana, Illinois, the lower Peninsula of Pa., to points in Connecticut, Massachu­ Erie County, Pa., to points in Illinois on, Michigan, and that part of Ohio on, north, and west, and south of a line ex­ setts, New Hampshire, Rhode Island, west, and south of a line extending from Vermont, and points in New Jersey (ex­ tending from Lake Michigan, thence Cleveland, Ohio, along Interstate High­ along Illinois Highway 22 to junction cept New Brunswick, N.J., and points in way 77 to junction Interstate Highway Bergen, Essex, Hudson, Middlesex, Mor­ Illinois Highway 59, thence along Illinois 80, thence along Interstate Highway 80 Highway 59 to junction U.S. Highway 52, ris, Somerset, Passaic, and Union Coun­ to the Ohio-Pennsylvania State line; (b) ties, N.J.). (4) Grape juice, tomato juice, thence along U.S. Highway 52 to the from points in Chautauqua County, N.Y., Illinois-Indiana State line. (2) Wine (ex­ honey, jams, jellies, and preserves, and within five miles of the shore of Lake frozen fruits, frozen fru it juices, and cept in bulk), from Crawford County* Pa., Erie to points in Massachusetts, Connec­ to points in Illinois. The purpose of this frozen tomato juice, from LeRoy, N.Y., ticut, Rhode Island, New Jersey, Penn­ and points within 50 miles thereof to filing is to eliminate the gateways of: sylvania, Delaware, Maryland, West Vir­ in (I ) (a) and (b), Brocton, N.Y.; in (1) points in Illinois. ginia, the District of Columbia, Indiana, (5) Grape juice, tomato juice, jams, (c), North East, Pa.; and in (1) (d) and Illinois, the Lower Peninsula of Michi­ (2), Westfield, N.Y. jellies, and preserves (other than frozen gan, and points in Ohio on and south of or in bulk, in tank vehicles), from points No. MC 109478 (Sub-No. E35), filed a line extending from Cleveland, dhio, in New York to points in Indiana. (6) May 15, 1974. Applicant: WORSTER along Interstate Highway 77 to junction Preserved foodstuffs, in vehicles equipped MOTOR LINES, INC., Gay Road, P.O. Interstate Highway 80, and thence along with mechanical refrigeration (other Box 110, North East, Pa. 16428. Appli­ * Interstate Highway 80 to the Ohio- than frozen or in bulk, in tank vehicles), cant’s representative: Joseph F. Mac- Pennsylvania State line; and (c) from from points in New York within 50 miles Krell, 23 West Tenth St., Erie, Pa. 16501. Erie, Pa., to points in Massachusetts, of LeRoy, N.Y., to points in Indiana. (7) Connecticut, Rhode Island, points in Authority sought to operate as a com­ Food products (other than frozen or in New York on and east of a line extending mon carrier, by motor vehicle, over bulk, in tank vehicles); (a) from points irregular routes, transporting: Wine (a) from Lake Erie along U.S. Highway 17 to in New York on, north, and east of a line junction U.S. Highway 62, thence along from Lawton and Mattawan, Mich., to beginning at Lake Ontario and extending U.S. Highway 62 to the Netv York-Penn­ points in Massachusetts, Rhode Island, along New York Highway 13 to junction New York, Connecticut, New Jersey, sylvania State line (except New York U.S. Highway 11, thence along U.S. High­ Delaware, and the District of Columbia, City), Connecticut, New Jersey, Dela­ way 11 to the New York-Pennsylvania ware, Maryland, points in West Virginia and points in Maryland and Pennsyl­ State line to points in the Lower Penin­ on and south of a line extending from vania on, north, and east of a line ex­ sula of Michigan; and (b) from points tending from the Ohio-Pennsylvania the Ohio-West Virginia State line along U.S. Highway 50 to the West Virginia- in New York) except points in Allegany, State line along U.S. Highway 6 to Mead- Cattaraugus, Chautauqua, Erie, Wyo­ Maryland State line, the District of Co­ ville, Pa., thence along U.S. Highway 322 ming, and Steuben Counties, N.Y.), to to junction Pennsylvania Highway 36, lumbia, Indiana, Illinois, the Lower Peninsula of Michigan, and points in points in Ohio. (8) Preserved fruits and thence along Pennsylvania Highway 36 vegetables and fruit or vegetable juices to Altoona, Pa., thence along U.S. High­ Ohio on and south of a line extending from the Ohio-West Virginia State line (other than frozen or in bulk, in tank way 220 to Bedford, Pa., thence along U.S. vehicles); (a) from points in Allegany, Highway 30 to junction Pennsylvania along U.S. Highway 50 to Athens, Ohio, thence along U.S. Highway 33 to junc­ Cattaraugus, Steuben, and Wyoming Highway 16, thence along Pennsylvania Counties, N.Y., to points in Ohio; (b) Highway 16 to junction U.S. Highway tion Ohio Highway 65, thence along Ohio Highway 65 to junction Ohio Highway from points in Genesee, Livingston, Mon­ 15, thence along U.S. Highway 15 to the roe, Niagara, Orleans, Wayne, and Wyo­ Mary land-Virginia State line; and (b) 109, thence along Ohio Highway 109 to the Michigan-Ohio State line. The pur­ ming Counties, N.Y., to points in Penn­ from Geneva, Ohio, to points in Massa­ sylvania on and south of Interstate High­ chusetts, Rhode Island, New York, Con­ pose of this filing is to eliminate the gateways of: in (a) and (b) above, Broc­ way 80 and on and west of Interstate necticut, New Jersey, Delaware, and the Highway 81; (c) from points in Genesee, District of Columbia, and points in Mary­ ton or Westfield, N.Y.; and (c) Westfield, N.Y. Niagara, and Orleans Counties, N.Y., to land and Pennsylvania on, north, and points in Pennsylvania on and west of east of a line extending from the New No. MC 109478 (Sub-No. E57), filed Interstate Highway 8 1 ;' and (d) fro® York-Pennsylvania State line along U.S. May 15, 1974. Applicant: WORSTER points in New York (except points in Highway 62 to Warren, Pa., thence MOTOR LINES, INC., Gay Rd., P.O. Box Chautauqua and Erie Counties, N.Y.)* along U.S. Highway 6 to junction U.S. 110, North East, Pa. 16428. Applicant’s located on, west, and north of a line

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 NOTICES 44385

extending from Lake Ontario east along vania Highway 147, thence along Penn­ York Highway 28 to Kingston, N.Y., and New York Highway 13 to junction U.S. sylvania Highway 147 to junction Inter­ junction with New York Highway 199, Highway 11, thence along U.S. Highway state Highway 80, thence along Interstate thence along New York Highway 199 to 11 to junction U.S. Highway 20, thence Highway 80 to junction U.S. Highway junction U.S. Highway 44, thence along along U.S. Highway 20 to Erie County, 219, thence along U.S. Highway 219 to U.S. Highway 44 to the New York-Con- N.Y., to points in Pennsylvania on, west, the New York-Pennsylvania State line; necticut State line to points in Ohio; (c) and north of a line extending from the (b) from Cleveland, Ohio, to points in from points in New York on and south New York-Pennsylvania State line along New Jersey and Massachusetts and of a line extending from Hancock, N.Y., U.S. Highway 219 to junction U.S. High­ points in Pennsylvania located on, east, east along New York Highway 17 to junc­ way 22, thence along U.S. Highway 22 to and north of a line extending from the tion New York Highway 30, thence along the Pennsylvania-Ohio State line. Delaware-Pennsylvania State line along New York Highway 30 to junction New (9) Preserved foodstuffs and canned Pennsylvania Highway 41 to junction York Highway 28, thence along New fruit and vegetable juices (other than U.S. Highway 30, thence along U.S. High­ York Highway 28 to Kingston, N.Y., and frozen or in bulk, in tank vehicles), from way 30 to junction Pennsylvania High­ junction with New York Highway 199, points in New York located on and north way 72, thence along Pennsylvania High­ thence along New York Highway 199 to of U.S. Highway 20 and points in Chau­ way 72 to junction Interstate Highway junction U.S. Highway 44, and thence tauqua, Erie, Livingston, Onondaga, 81, thence along Interstate Highway 81 along U.S. Highway 44 to the New York- Ontario, Wyoming, and Yates'Counties, to junction Pennsylvania Highway 125, Connecticut State line to points in Ohio N.Y., to points in West Virginia. (10) thence along Pennsylvania Highway 125 located on and north of a line beginning Food products (other than frozen or in to junction Pennsylvania Highway 61, at the Kentucky-Ohio State line, and bulk, in tank vehicles); (a) from Boston thence along Pennsylvania Highway 61 extending north and east along Inter­ and Waban, Mass., to points in Wayne to junction Pennsylvania Highway 147, state Highway 71 to junction U.S. High­ County, N.Y., that part of New York lo­ thence along Pennsylvania Highway 147 way 62, thence along U.S. Highway 62 to cated on, west, and north of a line ex­ and 405 to Lewisburg, Pa., and thence junction Ohio Highway 183, thence along tending from Lake Ontario along New along U.S. Highway 15 from Lewisburg, Ohio Highway 183 to junction Ohio York Highway 14 to junction New York Pa., to the Pennsylvania-New York State Highway 14, thence along Ohio Highway Highway 17, thence along New York line. (13) Preserved food products (ex­ 14 to junction Ohio Highway 5, thence Highway 17 to Lake Erie, and points in cept commodities in bulk), frozen or re­ along Ohio Highway 5 to._fche Ohio- Ohio; (b) from Boston and Waban, frigerated; (a) from Crawford, Pa., to Pennsylvania State line; (d) from Se- Mass., to points in Pennsylvania on, west, points in Massachusetts, New York, New caucus, N.J., to points in Ohio located on and north of a line extending from the Jersey, and Pennsylvania; and (b) from and north of a line beginning at the New York-Pennsylvania State line along Cambridge Springs, Pa., to Baltimore, Kentucky-Ohio State line, and extending U.S. Highway 219 to junction U.S. High­ Md., and Washington, D.C. along Interstate Highway 71 to junction way 22, thence along U.S. Highway 22 to (14) Frozen food products; (a) from U.S. Highway 62, thence along U.S. the Pennsylvania-West Virginia State Boston and Waban, Mass., LeRoy, N.Y., Highway 62 to junction Ohio Highway line; (c) from Boston and Waban, Mass., and points in New York within 50 miles 183, thence along Ohio Highway 183 to to points in West Virginia located on, thereof to points in Crawford County, junction Ohio Highway 14, thence along west, and.north of a line extending from Pa., points in Ohio and the Lower Penin­ Ohio Highway 14 to junction Ohio High­ the Ohio-West Virginia State line along sula of Michigan; (b) from Jersey City, way 5, thence along Ohio Highway 5 to West Virginia Highway 2 to junction In­ N.J., and points in New Jersey within the Ohio-Pennsylvania State line; and terstate Highway 77, thence along Inter­ 25 miles thereof to points in Crawford (e) from Philadelphia, Pa., to points in state Highway 77 to junction U.S. High­ County, Pa., the Lower Peninsula of Ohio located on and north of a line ex­ way 119, thence along U.S. Highway 119 Michigan and points in Ohio located on tending from the Pennsylvania-Ohio to the Kentucky-West Virginia State and north of a line extending from the State line along U.S. Highway 20 to junc­ line; (d) from Philadelphia, Pa., to Ohio-Pennsylvania State line along Ohio tion Ohio Hierhway 18. thence along Ohio Wayne, Ontario, Livingston, Wyoming, Highway 82 to junction Ohio Highway Highway 18 to junction U.S. Highway Erie, and Chautauqua Counties, N.Y.; 5, thence along Ohio Highway 5 to junc­ 224, thence along U.S. Highway 224 to and (e) from Boston and Waban, Mass., tion Ohio Highway 44, thence along Ohio junction Interstate Highway 75, thence and Philadelphia, Pa., to points in the Highway 44 to junction Interstate High­ along Interstate Highway 75 to junction Lower Peninsula of Michigan. ( 1 1 ) Pre­ way 76, thence along Interstate Highway Ohio Highway 29, thence along Ohio served fruits and vegetables and fruit 76 to junction Ohio Highway 585, thence Highway 29 to the Ohio-Indiana State and vegetable juices, from Philadelphia, along Ohio Highway 585 to junction line. Pa., to points in Ohio located on and Ohio Highway 3, thence along Ohio High­ north of a line beginning at the Penn­ way 3 to junction Interstate Highway 71, (16) Food products, refrigerated (ex­ sylvania-Ohio State line and extending and thence along Interstate Highway 71 cept frozen foods and commodities in along U.S. Highway 20 to junction Ohio to the Ohio-Kentucky State line; and bulk; (a) from Cattaraugus, Chau­ Highway 18, thence along Ohio Highway (c) from Philadelphia, Pa., to points in tauqua, Erie, Genesee, Livingston, Mon­ 18 to junction U.S. Highway 224, thence Ohio located on and north of a line ex­ roe, Niagara, Orleans, Wayne, and Wyo­ along U.S. Highway 224 to the Ohio- tending from the Pennsylvania-Ohio ming Counties, N.Y., to points in Con­ Indiana State line. State line along U.S. Highway 20 to junc­ necticut; (b) from points in New York (12) Frozen prepared foodstuffs; d tion Ohio Highway 18, thence along Ohio (other than the above-described counties from Detroit, Mich., to points in Masss Highway 18 to junction U.S. Highway in (a )), located on and west of a line chusetts, New Jersey, Baltimore, M< 224, thence along U.S. Highway 224 to extending from Lake Ontario along New and Washington, D.C., and points junction Interstate Highway 75, thence York Highway 14 to junction New York Pennsylvania located on and north of along Interstate Highway 75 to junction Highway 54, thence along New York line extending from the Delaware-Peni Ohio Highway 29, thence along Ohio Highway 54 to the New York-Pennsyl­ sylvania State line along Pennsylvan Highway 29 to the Ohio-Indiana State vania State line to points in Connecticut Highway 41 to junction U.S. Highway 3 line. located on and east of a line beginning thence along U.S. Highway 30 to jum at Bridgeport, Conn., and extending tion Pennsylvania Highway 72, then (15) Frozen prepared foodstuffs; (a) along Connecticut Highway 8 to junction along Pennsylvania Highway 72 to jum from Dedham, Mass., to points in Ohio; Interstate Highway 84, thence along In­ tion Interstate Highway 81, thence aloi (b) from points in New York on and terstate Highway 84 to junction Inter­ Interstate Highway 81 to junction Pern north of a line extending from Hancock, state Highway 91, thence along Inter­ sylvania Highway 125, thence aloi N.Y., along New York Highway 17 to state Highway 91, to the Connectlcut- Pennsylvania Highway 125 to juncti< junction New York Highway 30, thence Massachusetts State line; and (c) from Pennsylvania Highway 61, thence aloi along New York Highway 30 to junction points in New York located on and west Pennsylvania Highway 61 to Pennsy New York Highway 28, thence along New of a line extending from Lake Ontario

FEDERAL REGISTER, VOL. 40, NO. 18*8— FRIDAY, SEPTEMBER 26, 1975 44386 NOTICES along New York Highway 14 to junction tion U.S. Highway 20, thence along U.S. N.Y., within five miles of Lake Erie and New York Highway 414, thence along Highway 20 to the New York-Massachu- Erie, Pa.; in (7) (a) above, Hamlin, Hol­ New York Highway 414 to junction New setts State line to points in West Vir­ ley, and Williamson, N.Y., and points in York Highway 17, thence along New ginia. (19) Frozen food products (except New York within 50 miles of LeRoy, N.Y.; York Highway 17 to junction U.S. High­ commodities in bulk), from Philadelphia, in (7) (b) above, Hamlin, Holley, and way 15, and thence along U.S. Highway Pa., to points in Illinois, and those points Williamson, N.Y.; in (8) (a) above, Erie 15 to the New York-Pennsylvania State in Indiana on, north, and west of a line County, N.Y.; in (8) (b) above, Chautau­ line to points in Rhode Island. extending from the Ohio-Indiana State qua and Erie Counties, N.Y., and Hamlin, (17) Frozen fruits, frozen berries, andline along U.S. Highway 224 to junction Holley, and Williamson, N.Y.; in (8) (c) frozen vegetables; (a) from points in U.S. Highway 27, thence along U.S. High­ above, Erie County, N.Y., and Holley, New York and points in Pennsylvania way 27 to junction Indiana Highway 67, N.Y.; in (8) (d) above, Chautauqua and located on, east, and north of a line ex­ thence along Indiana Highway 67 to Erie County, N.Y., and Hamlin, Holley, tending from the Ohio-Pennsylvania junction Indiana Highway 3, thence and Williamson, N.Y.; in (9) above, State line east and south along Pennsyl­ along Indiana Highway 3 to junction In ­ points in Chautauqua County, N.Y., lo­ vania Highway 51 to junction Interstate diana Highway 46, thence along Indiana cated within five miles of Lake Erie, and Highway 70, thence along Interstate Highway 46 to junction U.S. Highway 31, Hamlin, Holley, and Williamson, N.Y.; Highway 70 to junction U.S. Highway thence along U.S. Highway 31 to the in (10) (a )-(c ) above, Hamlin, Holley, 219, thence along U.S. Highway 219 to Indiana-Kentucky State line at New Al­ and Williamson, N.Y., and Genesee and the Pennsylvania-Maryland State line bany, Ind. (20) Fresh preserved food­ Monroe Counties, N.Y.; in (10) (d) above, to points in Illinois; (b) from points in stuffs, frozen or refrigerated (other than Brocton, N.Y., and Genesee and Monroe Pennsylvania to points in Illinois on and in tank vehicles), from Lawton and Mat- Counties, N.Y.; in (10) (e) Genesee and north of a line extending from the In- tawan, Mich., to points in Connecticut, Monroe Counties, N.Y.; in (11) above, diana-Hlinois State line along U.S. High­ Delaware, Maryland, Massachusetts, New Brocton, N.Y.; in (12) and (13) above, way 24 to junction Illinois Highway 116, Jersey, New York, Rhode Island, and the that part of Chautauqua County, N.Y., and thence along Illinois Highway 116 to District of Columbia, and points in Penn­ within five miles of the shore of Lake the Ulinois-Iowa State line; (c) from sylvania in and east of Blair, Clearfield, Erie; in (14) (a) above, Brocton, N.Y., points in New York and Pennsylvania to Crawford, Elk, Erie, Fulton, Huntingdon, Chautauqua County, N.Y., and Lines- points in Indiana located on, west, and McKean, and Warren Counties, Pa. (21) viile, Pa.; in (14) (b) and (c) above, north of a line beginning at the Michi- Preserved food products, frozen or refrig­ Brocton, N.Y., and Linesville, Pa.; in gan-Indiana State line and extending erated (other than in bulk, in tank vehi­ (15) above, Westfield, N.Y.; in (16) along Indiana Highway 19 to junction cles), from the plant sites and storage above, Hamlin,. Holley, and Williamson, U.S. Highway 20, thence along U.S. facilities of Duffy-Mott Co., Inc., at or N.Y.; in (17) (a )-(e ) above, Linesville, Highway 20 to junction U.S. Highway 31, near Hartford, Bailey, and Grawn, Mich., Pa fin (17) (f) above, North Girard, Pa., thence along U.S. Highway 31 to junction to the District of Columbia. (22) Frozen Linesville, Pa.; in (18) above, Erie U.S. Highway 30, thence along U.S. High­ fruits and vegetables and frozen fish County, N.Y. within 50 miles of LeRoy, way 30 to junction U.S. Highway 35, (other than in bulk, in tank vehicles), N.Y., and Linesville, Pa.; in (19) above, thence along U.S. Highway 35 to junc­ from Boston, Dedham, and Waban, Brocton, N.Y., and Linesville, Pa.; in (20) tion Indiana Highway 119, thence along Mass., to points in Illinois, Indiana, and above, North East, Pa., and Westfield, Indiana Highway 1,19 to junction In­ West Virginia. N.Y.; in (21) above, Bergen, Hamlin, diana Highway 39, thence along In­ (23) Frozen fruits and vegetables Holley, N.Y., and LeRoy, Mt. Morris and diana Highway 39 to junction U.S. (other than in bulk, in tank vehicles), Oakfield, N.Y.; in (22) above Linesville, Highway 24, and thence along U.S. from Jersey City, N.J., and New Jersey Pa * in (23) above, North Girard, Pa.; in Highway 24 to the Indiana-Hlinois points within 25 miles thereof to points (24) above, LeRoy, Mt. Morris, and Oak- State line; (d) from points in Penn­ in Illinois and Indiana. (24) Preserved field, N.Y.; and in (25) above, Brocton, sylvania located on, east, and north food products (other than frozen or in Hamlin, and Williamson, N.Y., and of a line extending from the Ohio-Penn- bulk, in tank vehicles); (a) from points Genesee and Monroe Counties, N.Y. in Erie, Genesee, Livingston, Monroe, sylvania State line and extending along No MC 109637 (Sub-No. E31) (Correc­ Niagara, Ontario, Orleans, Wayne, and U.S. Highway 422 to junction U.S. High­ tion), filed May 29, 1974, published in way 22, thence along U.S. Highway 22 to Wyoming Counties, N.Y., to Baltimore, Md., and the District of Columbia. (25) the F ederal R egister September 3,1975. junction U.S. Highway 522, and thence Applicant’s representative; SOUTHERN Food products (other than frozen or in along U.S. Highway 522 to the Pennsyl­ TANK LINES, INC., 10 W. Baltimore bulk, in tank vehicles); (a) from points vania-Maryland State line to points in Ave., Lansdowne, Pa. 19050. Applicant’s Indiana; (e) from points in Erie, Craw­ in Allegany, Cattaraugus, Chautauqua, Genesee, Livingston, Monroe, Niagara, representative: John Nelson (same as ford, and Warren Counties, Pa., to points above). Authority sought to operate as a in West Virginia; and (f) from points in Orleans, and Wayne Counties, N.Y., to common carrier, by motor vehicle, over Cattaraugus, Chautauqua, Erie, Living­ points in Connecticut; (b) from points in irregular routes, transporting: Petro­ Allegany, Cattaraugus, Chautauqua, ston, Ontario, Seneca, Wyoming, and chemicals, in bulk, in tank vehicles, from Yates Counties, N.Y., and other points in Genesee, Livingston, Monroe, Niagara, Madison, Ind., to points in Arkansas, New York located on and north of a line Orleans, and Wayne Counties, N.Y., to Kansas, Louisiana, Nebraska, Oklahoma, extending from the Massachusetts-New points in Massachusetts and Rhode Is­ Texas, and points in Florida on and south York State line along U.S. Highway 20 land; (c) from points in Chautauqua, of Florida Highway 40 and points m to junction U.S. Highway 20A, thence Erie, Genesee, Monroe, Niagara, Orleans, Escambia and Santa Rosa Counties, Fla. along U.S. Highway 20A to junction U.S. and Wayne Counties, N.Y., to points in The purpose of this filing is to eliminate Pennsylvania on and east of Interstate Highway 20, and thence along U.S. High­ the gateway of Calvert City, Ky. The way 20 to the New York-Pennsylvania Highway 81; and (d) from points in purpose of this correction is to correct State line to points in West Virginia. Chautauqua, Erie, Genesee, Monroe, Ni­ the “E” number, previously published as (18) agara, Ontario, Orleans, and Wayne Fresh and preserved fruits and E37. vegetables, and fruit and vegetable juices, Counties, N.Y., to points in New Jersey. frozen or refrigerated; (a) from points The purpose of this filing is to elimi- No. MC 109637 (Sub-No. E40), filed in New York located east and north of . nate the gateways o f: in (1) above, Chau­ May 29, 1974. Applicant: SOUTHERN Chautauqua and Erie Counties, N.Y., to tauqua County, N.Y.; in (2) (a) above, „ TANK LINES, INC., Ten West Baltimore points in Illinois and Indiana; and (b) Chatham and Westfield, N.Y.; in (2) (b) Avenue, Lansdowne, Pa. 19050. Appli­ from points in New York located on and above, Westfield, N.Y.; in (3) above, cant’s representative: John Nelson (same north of a line extending from Lake Erie, Chautauqua County, N.Y., and Hamlin, as above). Authority sought to operate along New York Highway 75 to junction Holley, and Williamson, N.Y.; in (4) and as a common carrier, by motor vehicle, U.S. Highway 20, thence along U.S. High­ (5) above, Erie County, N.Y., and North over irregular routes, transporting. way 20 to junction U.S. Highway 20A, East, Pa., or Westfield, N.Y.; in (6) Petrochemicals, in bulk, in tank vehicles, thence along U.S. Highway 20A to junc­ above, points in Chautauqua County, from West Point, Ky., to points in Ala-

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 NOTICES 44387

bama, Mississippi, points in South Caro­ points in Tennessee west of Tennessee Mich., Wurtsmith Air Force Base, Os­ lina on and south of a line beginning at Highway 56. The purpose of this filing is coda, Mich., Duluth International Air­ the Georgia-South Carolina State line to eliminate the gateway of Louisville, port, Duluth, Minn., Columbus Air Force and extending along U.S. Highway 76 to Ky. Base, Columbus, Miss., Keesley Air Force junction South Carolina Highway 34, Base, Biloxi, Miss., Naval Air Station, thence along South Carolina Highway 34 NO; MC 111401 (Sub-No. E51) (Cor­ rection), filed May 12, 1974, published Meridian, Miss., Naval Construction Bat­ to the Atlantic Ocean, points in Arkansas talion, Gulfport, Miss., Fort Leonard in the F ederal R egister May 2, 1975. on and south of U.S. Highway 64, and Wood, Waynes ville, Mo., Richards- points in Georgia on and south of U.S. Applicant: GROENDYKE TRANSPORT, INC., P.O. Box 632, Enid, Okla. 73701. Gebaur Air Force Base, Kansas City, Mo., Highway 76. The purpose of this filing is Whiteman Air Force Base, Knob Noster, to eliminate the gateways of Floyd Applicant’s representative: Victor R. Comstock (same as above). Authority Mo., Offutt Air Force Base, Omaha, County, Ind., and Robertson County, Nebr., Grand Forks Air Force Base, Em- Tenn. sought to operate as a common carrier, by motor vehicle, over irregular routes, erado, N. Dak., Minot Air Force Base, No. MC 109637 (Sub-No. E58), filed transporting: Petrochemicals, in bulk, Minot, N. Dak., Lockboume Air Force May 29, 1974. Applicant: SOUTHERN in tank vehicles, from Kingsport, Tenn., Base, Columbus, Ohio, Wright-Patterson TANK LINES, INC., Ten West Baltimore to points in Colorado, Oklahoma west Air Force Base, Dayton, Ohio, Altus Air Avenue, Lansdowne, Pa. 19050. Appli­ of U.S. Highway 81 and on and north Force Base, Altus, Okla., Fort Sill, Law- cant’s representative: John Nelson (same of U.S. Highway 60 and Texas located ton, Okla., Tinker Air Force Base, Okla­ as above). Authority sought to operate on and north of U.S. Highway 66 and homa City, Okla., Vance Air Force Base, as a common carrier, by motor vehicle, on and east of U.S. Highway 83. The pur­ Enid, Okla., Ellsworth Air Force Base, over irregular routes, transporting:’ pose of this filing is to eliminate the Rapid City, S. Dak., Arnold Air Force Whiskey, in bulk, in tank vehicles, from gateway of Longview, Tex. The purpose Base, Tullahoma, Tenn., Naval Air Sta­ pointa in Maryland and Pennsylvania to of this correction is to correct the des­ tion Memphis, Millington, Tenn., Berg­ TuHahoma, Tenn., and points in Illinois tination territory. strom Air Force Base, Austin, Tex., on and south of a line beginning at the Brooks Air Force Base, San Antonio, Indiana-Illinois State line and extending No. MC 111823 (Sub-No. E86) (Correc­ Tex., Carswell Air Force Base, Fort along U.S. Highway 24 to junction U.S. tion) , filed June 4,1974, published in the Worth, Tex., Dyess Air Force Base, Abi­ Highway 74, thence along U.S. Highway F ederal R egister August 19,1975. Appli­ lene, Tex., Ellington Air Force Base, 74 to junction U.S. Highway 34, thence cant: SHERWOOD' VAN LINES, INC., Houston, Tex., Naval Air Station, Dallas, along U.S. Highway 34 to the Hlinois- 4322 Milling Road, San Antonio, Tex. Tex., Fort Bliss, El Paso, Tex., Fort Hood, Iowa State line. The purpose of this filing 78219. Applicant’s representative: Rob­ Killeen, Tex., Fort Sam Houston, San is to eliminate the gateway of Ashland ert J. Gallagher (same as above!. Au­ Antonio, Tex^ Fort Wolters, Mineral Ky. thority sought to operate as a common Wells, Tex., Goodfellow Air Force Base, carrier, by motor vehicle, over irregular San Angelo, Tex., Kelly Air Force Base, No. MC 109637 (Sub-No. E59), filec routes, transporting: Household goods, San Antonio, Tex., Laredo Air Force May 29, .1974. Applicant: SOUTHERN as defined by the Commission, between Base, Laredo, Tex., Laughlm Air Force TANK LINES, INC., Ten West Baltimore the Pentagon, Arlington Hall Station, Base, Del Rio, Tex., Naval Air Station, Avenue, Lansdowne, Pa. 19050. Appli­ Henderson Hall, and Navy Security Sta­ Corpus Christi, Tex., Naval Air Station cants representative: John Nelson (same tion, District of Columbia area, Bolling Chase Field,. Beeville, Tex., Naval Air as above!. Authority sought to operate Air Force Base, Fort McNair, Walter Station, Kingsville, Tex., Randolph Air as a common carrier, by motor vehicle Reed Army Medical Center, and Naval Force Base, Universal City, Tex., Reese over irregular routes, transporting: Station, District of Columbia, Andrews Air Force Base, Lubbock, T e x , Sheppard Whiskey, in bulk, in tank vehicles, re­ Air Force Base, Camp Springs, Md., Na­ Air Force Base, Wichita Falls, Tex, stricted to the transportation of traffic tional Naval Medical Center, Bethesda, Webb Air Force Base, Big Spring, Tex, nayaag an immediate prior movement by Md., Fort Myer, Arlington, Va., and and Càmp McCoy, Sparta, Wis. The pur­ water, from points in New Jersey, Dela­ Cameron Station, Alexandria, Va., on the pose of this filing is to eliminate the ware, New York, and points in Virginia one hand, and, on the other, Craig Air gateway of St, Louis, Mo., or Louisville, on and south of U.S. Highway 211 to Force Base, Selma, Ala., Redstone Ar­ Ky., or that part of Ohio, Indiana, and pomts m Illinois. The purpose of this senal, Huntsville, Ala., Blytheville Air Illinois on and north of a Tina beginning nhnff is to eliminate the gateway of Force Base, Blytheville, Ark., Little Rock Lawrenceburg, Ind. at the Pfennsylvania-Ohio State line, and Air Force Base, Jacksonville, Fla., Eht extending along, U.S. Highway 422 to No. MC 109637 (Sub-No. E61), filed Air Force Base and Peterson Field, Colo­ junction U.S. Highway 62, thence along rado Springs, Colo., Fitzsimons General S i r 9t AppMcant: SOUTHERN U.S. Highway 62 to junction UJS. High­ A LINES, INC., 10 w. Baltimore Hospital, Denver, Colo., U.S. Air Force way 4Q, thence along UJS. Highway 40 to Academy, Colorado Springs, Colo., Cha- r Z f ; L ^ f ? 0Wne’ Pa- 19050- Applicant’s junction U.S. Highway 36, thence along representative :|Jah3a Nelson (sam eas nute Air Force Base, Rantoul, III., Fort U.S. Highway 36 to the Hlinois-Missouri above). Authority sought to operate as a Sheridan, Highland Park, HI., Joliet State line The purpose of this correction com m on earner, by motor vehicle, over Army Ammunition Depot, Joliet, HI., is to- correct the “E” number, which was routes> transporting: Liquefied Savanna Army Depot, Savanna, HI., previously published as E6Ü. ^troieum gas m bulk, in tank vehicles, Naval Air Station, Glenview, HI., Naval No. MC 112304 (Sub-No. El>, filed S t Crossville, 111., to points in Ken­ Training Center, Great Lakes, HI.,. Scott tucky east of U.S. Highway 61. The pur- Air Force Base, Belleville, HI., Grissom May 14, 1974. Applicant: ACE DORAN Air Force Base, Peru, Ind., Fort Ben­ HAULING & RIGGING CO„ 1601 Blue S S L °f m n g » t0 eliminate tìbe jamin Harrison, Indianapolis, Ind., Naval Rock, Cincinnati, Ohio 45223. Applicant’s K ^ I n d °f DaViess County’ Ky., and Ammunition Depot, Crane, Ind., Forbes representative: A. Charles Tell, Suite A ir Fprce Base; Topeka, Kans., Fort 1800,100 East Broad St., Columbus, Ohio iurNo,J^C 109637 (Sub-No. E81), filed Leavenworth, Leavenworth, Kans., Fort 43215. Authority sought to operate as a TANWt’ttJt^ ' AppIicant: SOUTHERN Riley, Junction City, Kans., McConnell common carrier, by motor vehicle, over INC-,Ten West Baltimore Air Force Base, Wichita, Kans., Fort irregular routes, transporting: Commod­ Avenue, Landsdowne, Pa. 19050. Appli- Campbell, Hopkinsville, Ky., Fort Knox, ities, which because of size or weight re­ a <5 » h i 6 ' John Nelson (same Fort Knox, Ky., Barksdale Air Force quire special handling and the use of as above). Authority sought to operate Base, Shreveport, La., England Air Force special equipment; (A) (1) between « L Ì carrier> by motor vehicle, Base, Alexandria, La., Fort Polk, Lees- points in Maryland, Virginia, the Dis­ nmtes, transporting: Cal­ ville, La., Naval Air Station, New Orleans, trict of Columbia, and points in Pennsyl­ cium carbide residue, fly ash, plastic La., Kincheloe Air Force Base, Sault Ste. vania east of UJS. Highway 15, on the granules, and resin, powder, in bulk, in Marie, Mich., K. I. Sawyer Air Force one hand, and, on the other; Ca) points ank vehicles, from Ironton and South Base, Gwinn, Mich., Selfridge Air Na­ in Michigan (Clarksburg, W. Va., or pomf, Ohio to points in Missouri and tional Guard Base, Mount Clemens, points within 50 miles thereof) *; (bl

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44388 NOTICES points in Wisconsin (points within 50 beginning at the Indiana-Michigan State along U.S. Highway 271 to junction U.S. miles of Clarksburg, W. Va., and Ohio) *; line and extending along Indiana High­ Highway 80, thence along U.S. Highway (A ) (2) between points in Maryland, the way 327 to junction Interstate Highway 80 to junction U.S. Highway 20, thence District of Columbia, points in Pennsyl­ 69, thence along Interstate Highway 69 along U.S. Highway 20 to junction U.S. vania east of U.S. Highway 15, and to junction Indiana Highway 3, thence Highway 127, thence dlong U.S. Highway points in Virginia on and east of U.S. along Indiana Highway 3 to junction 127 to the Michigan-Ohio State line to Highway 220, on the one hand, and, on U.S. Highway 421, thence along U.S. points in that portion of Tennessee on the other; (a) points in Indiana and Highway 421 to the Indiana-Kentucky and west of Interstate Highway 65 from Ohio (Clarksburg, W. Va., or points State line, on the one hand, and, on the the Kentucky-Tennessee State line to the within 50 miles thereof) *; (b) points in other, points in Illinois and Wisconsin Tennessee-Alabama State line (Oakland Illinois (points within 50 miles of Clarks­ (Ohio) *; or Wayne Counties, Mich.) *; (31 Alumi­ burg, W. Va., and Ohio) *; (B) between (H ) Between points in West Virginia num products, which because of size or points in the Lower Peninsula of Michi­ on, west, and north of a line beginning weight require the use of special equip­ gan on and east of a line beginning at at the West Virginia-Pennsylvania State ment, from points in Indiana on and east Lake Michigan and extending along U.S. line and extending along U.S. Highway of a line beginning at the Indiana-Mich­ Highway 75 to junction U.S. Highway 27, 19 to junction West Virginia Highway 3, igan State line and extending along In­ thence along U.S. Highway 27 to the thence along West Virginia Highway 3 to diana Highway 327 to junction Indiana Michigan-Indiana State line, on the one junction West Virginia Highway 99, Highway 3, thence along Indiana High­ hand, and, on the other, points in Illinois thence along West Virginia Highway 99 way 3 to junction U.S. Highway 421, (Ohio) *, points in Illinois; (C) between to junction West Virginia Highway 85, thence along U.S. Highway 421 to the points in West Virginia and points in thence along West Virginia Highway 85 Indiana-Kentucky State line, Maryland, Kentucky on and east of U.S. Highway to junction West Virginia Highway 10, the Lower Peninsula of Michigan, Ohio, 127, on the one hand, and, on the other, thenc6 along West Virginia Highway 10 Pennsylvania, West Virginia, and the points in Illinois on and north of a line to junction West Virginia Highway 65, District of Columbia, to points in Mis­ beginning at the Illinois-Indiana State thence along West Virginia Highway 65 souri, Arkansas, Kansas, Colorado, Okla­ line and extending along U.S. Highway to the West Virginia-Kentucky State homa, Texas, and New Mexico (Mur- 36 to junction Illinois Highway 125, line, on the one hand, and, on the other, physboro, 111.) *; (4) Self-propelled arti­ thence along Illinois Highway 125 to points in New York, points in New Jer­ cles, each weighing 15,000 pounds or junction U.S. Highway 67, thence along sey on and north of New Jersey Highway more, and related machinery, tools, parts, U.S. Highway 67 to junction U.S. High­ 33, points in Pennsylvania bounded on, and supplies moving in connection there­ way 24, thence along U.S. Highway 24 to south, and east of a line beginning at the with; (A) between points in the Lower the Illinois-Missouri State line, and Pennsylvania-New York State line, and Peninsula of Michigan on and east of a points in Wisconsin (Ohio) *; extending along U.S. Highway 15 to line beginning at Lake Michigan and ex­ (D) Between points in Indiana, Ken­junction U.S. Highway 76, thence along tending along U.S. Highway 75 to junc­ tucky, and Michigan, on the one hand, U.S. Highway 76 to junction U.S. High­ tion U.S. Highway 27, thence along U.S. and, on the other, points in New Jersey, way 276, thence along U.S. Highway 276 Highway 27 to the Michigan-Indiana New York, Maryland, points in Pennsyl­ to junction U.S. Highway 1, thence along State line, on the one hand, and, on the vania on afid east of U.S. Highway 15, U.S. Highway 1 to the Pennsylvania-New other, points in Illinois (Ohio) *; (B) be­ and the District of Columbia (Clarks­ Jersey State line (Ohio) *; (I) between tween points in Kentucky on and east of burg, W. Va., and points within 50 miles points in Pennsylvania on and west of a U.S. Highway 127 and points in West Vir­ thereof, and Ohio) *; (E) between points line beginning at Lake Erie and extend­ ginia, on the one hand, and, on the other, in Kentucky on and west of U.S. High­ ing along U.S. Highway 19 to junction points in Illinois on and north of a line way 127, on the one hand, and, on the U.S. Highway 79, thence along U.S. High­ beginning at the Illinois-Indiana State other, points in Virginia north and west way 79 to the Pennsylvania-West Vir­ line and extending along U.S. Highway of a line beginning at the West Virginia- ginia State line, on the one hand, and, on 36 to junction Illinois Highway 125, Virginia State line and extending along the other, points in New Jersey and, thence along Illinois Highway 125 to U.S. Highway 60 to junction U.S. High­ points in New York on and east of U.S. junction U.S. Highway 24, thence along way 29, thence along U.S. Highway 20 Highway 81 (except Onandago and Os­ U.S. Highway 24 to the Illinois-Missouri to the Virginia-District of Columbia wego Counties) (Ohio) *; (J) between State line, and points in Wisconsin State line (Clarksburg, W. Va., and points points .in Hancock, Brooke, Ohio, and (Ohio) *; within 50 miles of Clarksburg) *; (F) be­ Marshall Counties, W. Va., on the one (C) Between points, in Indiana, Ken­ tween points in the Lower Peninsula of hand, and, on the other, points in New tucky, Michigan, and points in West Vir­ Michigan on and bounded by a line be­ Jersey, New York, and points in Pennsyl­ ginia on, west, and north of a line be­ ginning at Clare, Mich., and extending vania on and east of U.S. Highway 15 ginning at the West Virginia-Pennsyl­ along U.S. Highway 10 to junction Mich­ (Ohio) *; (2) Iron and steel articles, vania State line and extending along igan Highway 25, thence along Michigan which because of size or weight requires West Virginia Highway 3 to junction Highway 25 to junction Michigan High­ the use of special equipment; (A ) from West Virginia Highway 99, thence along way 29, thence along Michigan Highway points in Indiana, the Lower Peninsula West Virginia Highway 99 to junction 29 to junction Michigan Highway 25, of Michigan, Ohio, Kentucky,,West Vir­ West Vigrinia Highway 85, thence along thence along Michigan Highway 25 to ginia, Pennsylvania, New York, New Jer­ West Virginia Highway 85 to junction the Michigan-Ohio State line to junction sey, Virginia, Maryland, and the District West Virginia Highway 10, thence along U.S. Highway 27, thence along U.S. High­ of Columbia, to points in Texas (Daviess West Virginia Highway 10 to junction way 27 to point of beginning, on the one County, Ky.) *; West Virginia Highway 65, thence along hand, and, on the other, points in Wis­ (B) Cl) From point? in New York westWest Virginia Highway 65 to the West consin on and south of a line beginning and north of a line beginning at Lake Virginia-Kentucky State line, on the one at Lake Michigan and extending along Ontario and extending along New York hand, and, on the other, points in New U.S. Highway 18 to junction U.S. High­ Highway 98 to junction New York High­ Jersey and New York, and points in way 16, thence along U.S. Highway 16 way 39, thence along New York Highway Pennsylvania on and east of U .S . High­ to junction Interstate Highway 94, 39 to junction U.S. Highway 20, thence way 15 (Ohio) *; (D) between points in thence along Interstate Highway 94 to along U.S. Highway 20 to the New York- the Lower Peninsula of Michigan on and junction U.S. Highway 16, thence along Pennsylvania State line; (2) from points bounded by a line beginning at Clare, U.S. Highway 16 to junction U.S. High­ in that portion of Pennsylvania on and Mich., and extending along U.S. High­ way 53, thence along U.S. Highway 53 to north of U.S. Highway 90; (3) from way 10 to junction U.S. Highway 25, thence along U.S. Highway 25 to Junc­ junction U.S. Highway 8, thence along points in Ohio on and north of a line be­ U.S. Highway 8 to the Wisconsin-Minne- ginning at the Ohio-Pennsylvania State tion Michigan Highway 29, thence along Michigan Highway 29 to junction U.fc>. sota State line (O hio)*; (G ) between line and extending along U.S. Highway Highway 25, thence along U.S. Highway points in Indiana on and east of a line 90 to junction U.S. Highway 271, thence

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 NOTICES

25 to the Michigan-Ohio State line, to routes, transporting: Chemicals (exeept Missouri Highway 17 to the Missouri- junction U.S. Highway 27, thence along liquid propane gas) , in bulk, in tank ve­ Arkansas State line, on the one hand, U.S. Highway 27 to the point of begin­ hicle, from points in Massachusetts to and, mi the other, points in Louisiana ning, on the one hand, and, on the other, points in Maine. The purpose of this fil­ on and west of a line beginning at the points in Wisconsin on and south of a ing is to eliminate the gateway of Louisiana-Arkansas State line and ex­ line beginning at Lake Michigan and ex­ Everett, Mass. tending along U.S. Highway 71 to junc­ tending along U.S. Highway 18 to junc­ No. MC 112963 (Sub-No. E6), filed tion U.S. Highway 190, thence along U.S. tion U.S. Highway 16, thence along U.S. Highway 190 to junction US. Highway Highway 16 to junction U.S. Highway 94, March 4, 1975. Applicant: ROY BROS., INC., 764 Boston Rd., Pinehurst, Mass. 61, thence along U.S.. Highway 61 to thence along U.S. Highway 94 to junction junction Louisiana Highway 23, thence U.S. Highway 53, thence along U.S. High­ 01866, Applicant’s representative: Leon­ ard E. Murphy (same as above). Author­ along Louisiana Highway 23 to the Gulf way 53 to junction U.S. Highway 8, of Mexico. The purpose of this filing is thence along U.S. Highway 8 to the Wis- ity sought to operate as a common car­ rier, by motor vehicle, over irregular to eliminate the gateway of points in consin-Minnesota State line (Ohio*; (E) Texas. between points in Indiana on and east of routes, transporting; Chemicals (except a line beginning at the Indiana-Michi- liquid propane gas), in bulk, in tank ve­ No. MC 113843 (Sub-No. E92) (Correc­ gan State line and extending along In ­ hicles, from points in New Jersey to tion), filed May 8, 1974, published in the diana Highway 327 to junction Indiana points in Maine and New Hampshire. F ederal R egister June 12, 1975. Appli­ Highway 3, thence along Indiana High­ The purpose of this filing is to eliminate cant: REFRIGERATED FOOD EX­ way 8 to junction U.S. Highway 421, the gateway of Everett, Mass. PRESS, INC., 316 Summer St., Boston, thence along U.S. Highway 421 to the No. MC 112963 (Sub-No. E7>, filed Mass. 02210. Applicant’s representative: Indiana-Kentucky State line, on the one March 4, 1975. Applicant: ROY BROS., Lawrence T. Shells (same as above). Au­ hand, and, on the other, points in Illi­ INC., 764 Boston Rd., Pinehurst, Mass. thority sought to operate as a common nois and Wisconsin (Ohio) *; (5) Un­ 01866. Applicant’s representative: Leon­ carrier, by motor vehicle, over irregular crated new office and institutional ard E. Murphy (same as above). Author­ routes, transporting: Frozen foods; (3) furniture, fixtures, and equipment, un­ ity sought to operate as a common car­ between those points in Berkshire crated cooling or freezing boxes and re­ rier, by motor vehicle, over irregular County, Mass., on the one hand, and, on frigerators, and uncrated new store fix­ routes, transporting: Chemicals (except the other, those points in Pennsylvania tures and equipment, which, because of liquid propane gas), in bulk, in tank ve­ on and west of a line beginning at the size or weight, require the use of special hicles, from Barnstable, Bristol, Norfolk, Pennsylvania-New York State line and equipment, between points in Kentucky Plymouth, and Suffolk Counties, Mass., extending along Pennsylvania Highway on and west of a line beginning at the to points in New Hampshire. The pur­ 14 to junction U.S. Highway 15, thence Kentucky-Ohio State line and extending pose of this filing is to eliminate the along U.S. Highway 15 to Williamsport, along U.S. Highway 27 to junction U.S. gateway of Everett, Mass. thence along U.S. Highway 226 to the Highway 75, thence along U.S. Highway Pennsylvania-Maryland State line; (4) 75 to the Kentucky-Tennessee State No. MC 112963 (Sub-No. E8>, filed between those points in Bristol County, line, on the one hand, and, on the other, March 4,1975. Applicant: RO Y BROS., Mass., on the one hand, and, on the points in Connecticut, Delaware, Maine, INC., 764 Boston Rd., Pinehurst, Mass. other, Lewistown and State College, Pa., Maryland, Massachusetts, New Hamp­ 81866. Applicant’s representative: Leon­ and those points in Pennsylvania on and shire;. Rhode Island, and Vermont (Nor­ ard E. Murphy (same as above). Author­ west of a line beginning at the Pennsyl­ wood, Ohio) *. The purpose of this filing ity sought to operate as a common car­ vania-Maryland State line and extend­ is to eliminate the gateways indicated by rier, by motor vehicle, over irregular ing along Pennsylvania Highway 281 to asterisks above. mutes, transporting: Chemicals (except Somerset, thence along U.S. Highway 219 liquid propane gas), in bulk, in tank ve­ to junction US. Highway 22, thence No. MC 112963 (Sub-No. E3), filed hicles, from points in Barnstable, Bristol, along US. Highway 22 to junction U.S March 4, 1975. Applicant: ROY BROS., Norfolk, Plymouth, and Suffolk Counties, Highway 226, thence along U.S. Highway INC., 764 Boston Rd., Pinehurst, Mass. Mass., to points in Vermont. The purpose 220 to Williamsport, thence along U.S 01866. Applicant’s representative: Leon­ of this filing is to eliminate the gateway Highway 15 to the Pennsylvania-New ard E. Murphy (same as above). Author­ of Everett, Mass. York State line; (5) between those points ity sought to operate as a common car­ No. MC 113459 (Sub-No. E113), filed in Plymouth, Essex, Norfolk, and Suffolk rier, by motor vehicle, over irregular Counties, Mass., on the one hand, and, routes, transporting: Dry di-caleium May 14,1974. Applicant: H. J. JEFFRIES TRUCK LINE; INC., P.O. Box 94858, on the other, Lewistown, State College, phosphate, in bulk, in tank vehicles, from Mifflinburg, and Lewisburg, Pa., and points in New Jersey to points in Maine. Oklahoma City, Okla. 73189. Applicant’s representative: Robert Fisher (same as those points in Pennsylvania, . . The The purpose of this filing is to eliminate purpose of this filing is to eliminate the the gateways of Peabody, Mass. above). Authority sought to operate as a common carrier, by motor vehicle, over gateway of Elmira, N.Y. The purpose of No. MC 112963 (Sub-No. E4), filed irregular routes, transporting: Com­ this partial correction is to correct the March 4, 1975. Applicant: ROY BROS., modities, the transportation of which, by highway description in (3) above; cor­ INC., 764 Boston Rd., Pinehurst, Mass. reason of size or weight, require the use rect the territorial description in (4) 01866. Applicant’s representative: Leon­ of special equipment, restricted against above; and correct a typographical error ard E Murphy (same as above). Author­ the transportation of agricultural ma­ in (5) above. The remainder of this ity sought to operate as a common car­ chinery and agricultural tractors, self- letter-notice remains as previously published. rier, by motor vehicle, over irregular propelled articles, each weighing 15,000 routes, transporting: Chemicals (except pounds or more, and related machinery, No. MC 113843 (Sub-No. E388) (Cor­ liquid propane gas), in bulk, in tank ve­ tools, parts, and supplies when moving m rection) , filed May 22, 1974, published in hicles, from New York, N.Y., to points in connection therewith, restricted to com­ the F ederal R egister June 5, 1974. Ap­ Maine and New Hampshire. The purpose modities which are transported on plicant: REFRIGERATED FOOD EX­ of this filing is to eliminate the gateways trailers, (1) between points in Louisiana, PRESS, INC., 316 Summer St., Boston, uf points in Massachusetts (exeept on the one hand, and, on the other, Mass. 02210. Applicant’s representative: Worcester, Boston, and points within 25 points in Missouri on and west of U.S. Lawrence T. Sheils (same as above). Au­ D*ues of the State House in Boston), and Everett, Mass. Highway 65, and (2) between points in thority sought to operate as a common Missouri on and west of a line beginning carrier, by motor vehicle, over irregular . jrNo- MC 112963 (Sub-No. E5)„ filed at tire Missouri-Hlinois State line and routes, transporting: Canned goods; (1) March 4, 1975. Applicant: ROY BROS., extending along Missouri Highway 19 to (b) from Havre de Grace, Md., to points INC., 764 Boston Rd., Pinehurst, Mass. junction Missouri Highway 22, thence in Nebraska, North Dakota, South Da­ 01866. Applicant’s representative: Leon­ along Missouri Highway 22 1 » junction kota, and those points in Iowa on, north, ard E. Murphy (same as above). Author­ U S. Highway 54, thence along U.S. and west of a line beginning at the Iowa- Highway 54 to junction U.S. Highway 68, ity sought to operate as a common car- Minnesota State line and extending thence along U.S. Highway 63 to junc­ along U.S. Highway 218 to Charles City, Tier, by motor vehicle, over irregular tion Missouri Highway 17, thence along Iowa, thence along U.S. Highway 218 to

FEDERAL REGISTER, VOL. 40, NO. 18»— FRIDAY, SEPTEMBER 26, 1975 44390-44410 NOTICES junction Iowa Highway 14, thence along The purpose of this correction is to cor­ machinery parts and related contractors’ Iowa Highway 14 to junction Iowa High­ rect a typographical error above. materials and supplies when their trans­ portation is incidental to the transpor­ way 147, thence along Iowa Highway 147 No MC 113855 (Sub E99), filed May 30, to Rockford, Iowa, thence along Iowa tation by said carrier of commodities 1974. Applicant: INTERNATIONAL which by reason of size or weight require Highway 147 to junction unnumbered TRANSPORT, INC., 2450 Marion Road highway, thence along unnumbered high­ special equipment, between points in SE„ Rochester, Minn. 55901. Applicant’s Minnesota on and west of U.S. Highway way to junction U.S. Highway 18 to Ma­ representative: Michael E. Miller, 502 son City, Iowa, thence along U.S. High­ 71, on the one hand, and, on the other, First Nat’l Bank Bldg., Fargo, N. Dak. points in Iowa on, west and south of a way 18 to junction U.S. Highway 65, 58102. Authority sought to operate as a thence along U.S. Highway 65 to junc­ line beginning at the Iowa-Minnesota common carrier, by motor vehicle, over State line and extending along U.S. High­ tion U.S. Highway 20, thence along U.S. irregular routes, transporting: (1) .(a) Highway 20 to junction U.S. Highway 69, way 71 to junction U.S. Highway 20, to Commodities (except boats) the trans­ junction Interstate Highway 35, to junc­ thence along U.S. Highway 69 to the portation of which, because of their size Iowa-Missouri State line, those in Kan­ tion Interstate Highway 80, to junction or weight, require the use of special U.S. Highway 63, to junction U.S. High­ sas on and west of a line beginning at equipment, and related machinery parts the Kansas-Oklahoma State line and ex­ way 34, to the Iowa-Illinois State line. and related contractors’ materials and The purpose of this filing is to eliminate tending along U.S. Highway 77 to junc­ supplies when their transportation is tion U.S. Highway 160, thence along U.S. incidental to the transportation by said the gateway of points in Minnesota Highway 160 to junction U.S. Highway carrier of commodities which by reason within 50 miles of Sioux Falls, S.D. 81, thence along U.S. Highway 81 to the of size or weight require special equip­ By the Commission. Kansas-Nebraska State line, . . . The ment, and (b) self-propelled articles, purpose of this filing is to eliminate the each weighing 15,000 pounds or more and [ seal] R obert L. O swald, gateways of Hamlin, Holley, and W il­ related machinery, tools, parts and sup­ Secretary. liamson, N.Y., for points in Michigan, plies moving in connection therewith (re­ [P R Doc.75-25790 Filed 9-25-75; 8:45 am] and the plant sites and storage facilities stricted to commodities transported on of Duffy-Mott Co., Inc., at or near Ham­ trailers), (A) between points in Wash­ lin, Holley, and Williamson, N.Y., for ington, on the one hand, and, on the [Notice No. 866] points in Iowa, Nebraska, Kansas, North other, points in South Dakota east of ASSIGNMENT OF HEARINGS Dakota, South Dakota, Minnesota, Wis­ Missouri River. (Montana) * (B) between consin, and Missouri. The purpose of this points in Pacific, Wahkiakum, Cowlitz S eptember 23, 1975. partial correction is to correct the high­ and Clark Counties, Wash., on the one Cases assigned for hearing, postpone­ way description in (1) (b) above. The re­ hand, and, on the other, points in ment, cancellation or oral argument ap­ mainder of this letter-notice remains as South Dakota west of the Missouri River pear below and will be published only previously published. and south erf U.S. Highway 212. (Utah) * once. This list contains prospective as­ (C) between points in Skamania, Klicki­ signments only and does not include No. MC 113843 (Sub-No. E820) (Cor­ tat,- Yakima, Benton, Franklin, What­ cases previously assigned hearing dates. rection) , filed May 19, 1974, published in com and Walla Walla Counties, Wash., The hearings will be on the issues as the F ederal R egister June 19, 1975. Ap­ on the one hand, and, on the other, points presently reflected in the Official Docket plicant: REFRIGERATED FOOD EX­ in Pennington, Custer, Fall River, of the Commission. An attempt will be PRESS, INC., 316 Summer St., Boston, Shannon, Bennett, Washabaugh, Jack- made to publish notices of cancellation Mass. 02210. Applicant’s representative: son, Haakon, Stanley, Jones, Lyman, of hearings as promptly as possible, but Lawrence T. Sheils (same as above). Au­ Mellette, Todd, Tripp and Gregory interested parties should take appropri­ thority sought to operate as a common Counties, S.D. (Utah) *. ate steps to insure that they are notified carrier, by motor vehicle, over irregular (D) Between points in Skagit, Snoho­ of cancellation or postponements of routes, transporting: Frozen foods, from mish, King, Pierce, Thurston, Lewis, hearings in which they are interested. Pittsburgh, Pa., to points in Illinois, those Grays, Harbor, Mason, Jefferson, Clallam MC 51312 Sub 14, Bowling Green Transfer in Kentucky on and west of U.S. High­ and Kitsap Counties Wash., on the one Inc., now assigned November 14, 1975 at way 45, and those in Indiana on, north, hand, and, on the other, points in Chicago, Illinois; is canceled and the ap­ and west of a line beginning at the Indi- Fall River, Shannon, Bennett, Washa­ plication is dismissed. ana-Ohio State line and extending along baugh, Melette, Todd, Tripp and MC 116763 Sub 313, Carl Subler Trucking, Indiana Highway 14 to junction Inter­ Gregory Counties, S.D. (Utah) * (2) (a) Inc., now being assigned November 14,1975 state Highway 69, thence along Interstate (1 day) at Chicago, Illinois; in a hearing heavy machinery and other contractors’ room to be designated later. Highway 69 to junction Indiana Highway materials, supplies, and equipment, MC 82492 Sub 118, Michigan & Nebraska 26, thence along Indiana Highway 26 to which because of size or weight require Transit Co., Ipc. and MC 106920 Sub 61, junctionU.S. Highway 231, thence along the use of special equipment, (b) self- Leonard Bros. Trucking Co., Inc. now being U.S. Highway 231 to junction U.S. High­ propelled articles, each weighing 15,000 assigned December 5, 1975 (1 day) at Chi­ way 136, thence along U.S. Highway 136 pounds or more and related machinery, cago, Illinois; in a hearing room to be des­ to the Indiana-Illinois State line, and tools, parts and supplies moving in ignated later. those in Indiana on and west of U.S. connection therewith (restricted to com­ MC-P 12438, Neuendorf Transportation Com­ pany —Purchase— Charles A. Groepepper, Highway 41. The purpose of this filing is modities transported on trailers), d.b.a. Badger Truck Line, Inc., now being to eliminate the gateways of points in between points in Washington, on the one assigned December 8, 1975 (1 week) at Chi­ the Lower Peninsula of Michigan. The hand, and, on the other, points in South cago, Illinois;, in a hearing room to be des­ purpose of this correction is to correct Dakota on and east of South Dakota ignated later. the territorial description. Highway 73. (Montana) * The purpose of MC 4405 Sub 520, Dealers Transit, Inc., now this filing is to eliminate the gateways assigned October 24, 1975, at Atlanta, Ga., No. MC 113843 (Sub-No. E1040> (Cor­ indicated by asterisks above. is canceled and application dismissed. rection), filed December 2, 1974, pub­ AB—1 Sub 18, Chicago and North Western lished in the F ederal R egister July 10, No. MC 113855 (Sub E107), filed May Transportation Company Abandonment 1975. Applicant: REFRIGERATED 30, 1974. Applicant: INTERNATIONAL Between Clutier and Buckingham, in Tama FOOD EXPRESS, INC., 316 Summer St., TRANSPORT, INC., 2450 Marion Road County, Iowa, now being assigned Decem­ SE., Rochester, Minnesota 55901. Appli­ ber 2, 1975 (2 days) at Traer, Iowa; in » Boston, Mass. 02210. Applicant’s repre­ hearing room to be designated later. sentative: Lawrence T. Sheils (same as cant’s representative: Michael E. Miller, MC 114457 Sub 235, Dart Transit Company, above). Authority sought to operate as 502 First Nat’l Bank Bldg., Fargo, N. now assigned November 13, 1975, ® • a common carrier, by motor vehicle, over Dak. 58102. Authority sought to operate Paul, Minn., is canceled and application irregular routes, transporting: Frozen as a common carrier, by motor vehicle, dismissed. foods, from Hanover, Pa., to Calais, over irregular routes, transporting: Com­ .[ seal] R obert L. O swald, Maine, and points in Aroostook County, modities, the transportation of which, Secretary. because of their size or weight, require Maine. The purpose of this filing is to [PR Doc.75-25791 Filed 9-25-75;8:45 am] eliminate the gateway of Elmira, N.Y. the use of special equipment, and related

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 FRIDAY, SEPTEMBER 26, 1975

PART II:

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

ENDANGERED AND THREATENED WILDLIFE AND PLANTS

Reclassification of American Alligator and Other Amendments 44412 RULES AND REGULATIONS

Title 50— Wildlife and Fisheries necessary and advisable for the conser­ served by more flexible management pro­ CHAPTER I— UNITED STATES FISH AND vation of such species. grams. WILDLIFE SERVICE, DEPARTMENT OF On March 29, 1974, Governor Edwin P u b l i c C o m m e n t s THE INTERIOR Edwards of Louisiana submitted a peti­ The proposed rulemaking was pub­ tion to the Secretary of the Interior re­ SUBCHAPTER B— TAKING, POSSESSION, TRANS­ lished in the F e d e r a l R e g i s t e r on July 8, PORTATION, SALE, PURCHASE, BARTER, EX­ questing that “in southwestern coastal 1975 (40 FR 28712). Interested persons PORTATION, AND IMPORTATION OF WILD­ marshes (Chenier Plain) in the parishes LIFE were invited to submit written comments of Cameron, Vermilion, and Calcasieu of to the Director until September 8, 1975. PART 17— ENDANGERED AND Louisiana, the American alligator be re­ THREATENED WILDLIFE AND PLANTS The written responses are summarized] moved from the Secretary of the In ­ essentially, as follows: Reclassification of the American Alligator terior’s list of threatened and endan­ (1) 26 Responses supported the pro­ and Other Amendments gered species; that in the southcentral posed rulemaking; and southeastern coastal Louisiana (2) 17 Responses opposed any change On July 8, 1975, the Service proposed marshes, the American alligator be clas­ in current classification of the American certain changes in regulations on en­ sified as a threatened species; and that dangered and threatened wildlife (40 PR alligator as endangered throughout its throughout the remainder of the State, entire range; 28712). The proposal would reclassify the classification of the American alli­ (3) 24 Responses generally approved the American alligator, removing it com­ gator remain unchanged.” the proposed rulemaking, but recom­ pletely from an endangered or threat­ This petition, as amplified by other ened status in a portion of its range. It available information, was found by the mended one or more changes to reflect the writer’s position; also would add new provisions to Part 17 Director to present substantial informa­ on similarity of appearance, on captive, tion warranting a review of the status of (4) 4 Responses generally opposed the proposed rulemaking, unless one or more self-sustaining populations, and on inter­ the alligator ¡throughout its range. A no­ changes are made in the final rules; and pretations of prohibitions applicable to tice to that effect was placed in the F e d ­ (5) 17 Responses either were totally ir­ endangered and threatened wildlife. eral R egister on July 16, 1974 (39 F R Finally, the proposal would establish a 26050). Simultaneously, Governors of relevant or merely acknowledged receipt new format for lists of endangered and States in which alligators are resident of the proposed rules and their transmit­ threatened wildlife. With the changes were notified of the review and requested tal to an appropriate official for further noted in this preamble, this rulemaking to supply data relative to the status of response. adopts the proposal, effective Septem­ the species in their respective States. Despite reservations on the part of ber 26, 1975. This review produced evidence that the some responders with respect to impact f In response to comments received dur­ American alligator is making encourag­ of a classification change on welfare of ing the comment period, it has been de­ ing gains in population over much of its the American alligator, and on other termined to retain the alligator in the known historical range. Population levels endangered wildlife which also may be endangered status in all of its range ex­ in parts of South Carolina, Georgia, reclassified at some future date, the sum cept Cameron, Vermilion and Calcasieu Florida, Louisiana, and Texas are high, of all responses reflects a preponderance ■f Parishes in Louisiana. Alligators in those and, in many areas over these regions- of opinion in general support of the pro­ three parishes will be listed as threat­ are considered to be ecologically secure. posed rulemaking. Several significant is­ ened, due to their similarity in appear­ Increasing urbanization and development sues of major concern to responders are ance to the endangered alligators. The is resulting in more frequent human- referred to below. Service will re-study the distribution and alligator conflicts, and control of certain (1) Extent to which the alligator has ; density of alligator populations in the populations is needed to minimize public recovered from previously depressed pop­ 1 southeastern coastal areas and the prob­ hostility toward the species. Even though ulation numbers and restricted occupa­ lems of enforcement and administration. actual numerical levels of alligators may tion of its range, and sufficiency of data [Rased on this study, the Service will soon be below the biotic carrying capacity in to verify its recovery. Information avail­ i propose a reclassification of the endan­ most habitats, socioeconomic factors able to the Director confirms such sub­ gered populations into threatened and must be considered in setting manage­ stantial and sufficient increase in the endangered, with a new boundary line ment goals to maximize public interest American alligator since 1967 through­ separating the classifications. in, and acceptance of, coexistence with out the important habitat of its range to this potentially troublesome but eco­ allow utilization of the species within the B a c k g r o u n d logically important species. constraints imposed, with confidence ! In 1967, the U.S. Department of th e' Available data Indicate that the pri­ that its welfare currently and in the Interior determined the American alli­ mary threats to alligator populations in future will not be jeopardized by the gator to be an endangered species areas named above are not biotic, but management programs afforded by these throughout its entire range. This deter­ rather the absence of adequate regu­ rules. mination expressed concern for alligator latory and enforcement mechanisms (1) (2) Adequacy of controls to protect al­ populations which had become drastically to prevent malicious and illicit commer­ ligators from unlawful take and commer­ reduced after many years of excessive cially-oriented killing, and (2) to control cial utilization. The proposed rules were exploitation and habitat usurpation by illegal commerce in products. Malicious adjusted to eliminate objectionable fea­ man. Within recent years, however, al­ killing stems to a large degree from pub­ tures in the system of controls applicable ligators have increased considerably in lic hostility and fear, and to some extent to the taking, inventory, accountability, some areas, mainly in response to inten­ could be ameliorated through public edu­ and disposition of alligators and products sive State and Federal protection. In cation. Illegal commercial killing cur­ made from their hides so that effective 1972 and 1973, the State of Louisiana rently is being held at a ¡tolerable level protection of the species can be accom­ was able to allow a limited commercial by rigid enforcement programs. These plished. hunting season on the species. programs, however, are inadequate in the (3) Need for an Environmental I m p a c t On December 28,1973, the new Endan­ face of burgeoning alligator populations Statement. An environmental assessment gered Species Act (16 U.S.C. 1531-1543, and increasing human-alligator conflicts. was prepared which indicates that an En­ 87 Stat. 884) went into effect. This Act Reorientation of enforcement efforts vironmental Impact Statement is not made it a violation of Federal law to take toward effective control of commerce in prerequisite to accomplishing the changes any species listed as endangered, except parts and products of legally taken alli­ contemplated by the proposed r u le m a k ­ under permit for scientific purposes or gators would permit the initiation of ing. This assessment is on file at the Of­ to enhance the propagation or survival practicable management programs and fice of Endangered Species, U.S. Fish and of the species. The Act also established a realistic reappraisal of the population Wildlife Service, in Suite 1100 at 1612 K a new “ threatened” classification, and status of the species. Some populations Street, N.W., Washington, D.C., and is authorized the Secretary of the Interior in States named above now are at the available for inspection during regular to Issue such regulations as he deemed point where the species could be best working hours.

FEDERAL REGISTER, VJ)L. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 RULES AND REGULATIONS 44413

(4) Failure to invoke “similarity of ap­injury. In addition, the definition of 17.12, and 17.13 into one list, appearing pearance” provisions against importation “harass” has been modified by restrict­ in Section 17.11. In addition, several spe­ of products of all crocodilian species. ing its application to acts or omissions cies have been included which have This is acknowledged as a valid consider­ which are done intentionally or negli­ previously been listed under the Act ation which would enhance capability to gently. In the proposal, “harass” would (kangaroos, grizzly bears, American effectively administer the degree of pro­ have applied to any action, regardless of crocodile, Cedros Island mule deer, sev­ tection to American alligators antici­ intent or negligence. Also, definitions of eral trout, and other species). As indi­ pated under these rules. A change in the “ endangered” and “ threatened” have cated above, the proposed reclassification fin al rules to accommodate this provision been added. of alligators has been temporarily with­ is not possible, however, since the pro­ By moving the concept of environmen­ drawn, pending further study, except for posed rulemaking failed to include such tal degradation to the definition of the alligators in the parishes of Cameron, a requirement. The Service intends to “harm”, potential restrictions on en­ Vermilioh, and Calcasieu in Louisiana. initiate further action at an early date to vironmental modifications áre expressly This is reflected in changes in the listing effect this desirable change. limited .to those actions causing actual in Section 17.11. Description op th e R u le m a k in g death or injury to a protected species of The inclusion of the species which were fish or wildlife. The actual consequences previously listed, brings together in one Following careful review and consid­ of such an action upon a listed species is place all of the endangered and threat­ eration of all written comments, the pro­ paramount. ened species. This will be more conven­ posed rulemaking is modified to include These environmental restrictions rep­ ient for all users of the regulations. It more definitive population data in sup­ resent a reasonable response to the habi­ will also avoid an apparent conflict in port of reclassification of the American tat needs of listed species. Congress drafting that would otherwise have oc­ alligator, and to accommodate other sub­ specifically acknowledged these needs by curred because the previous listings stantive changes as described below. Fi­ stating in the “Purposes” subsection of utilized a Section 17.32 for the list of nally, extensive editorial and format the Act: “ The purposes of this Act are to threatened species, but this proposal uses changes were made to correct incongru­ provide a means whereby the ecosystems the same section number for a different ity in statements and other grammati­ upon which endangered and threatened purpose. cal deficiencies, and to facilitate reada­ species depend may be conserved . . .” The listing of the alligator in this final bility and understanding. (87 Stat. 885, Section 2 (b ), 16 U.S.C. 1531 rulemaking differs from the proposal in (1) Population estimates of the Amer­ (b) ). Furthermore, Congress acknowl­ several respects. First, as mentioned ican alligator. Following is a summary of edged that a rational relationship ex­ above, the alligator will retain its en­ population estimates pertaining to the isted between the protection of the needs dangered status in all places except Cam­ status of the alligator in Cameron, Ver­ of listed species and the public welfare: eron, Vermilion, and Calcasieu Parishes milion, and Calcasieu Parishes in Lou­ “ The Congress^ finds and declares in Louisiana. Second, captive alligators isiana: 77,300 alligators in 1226 square that . . . (3) these species of fish, wild­ will be treated as threatened due to their miles of suitable habitat in Cameron life, and plants are of esthetic, ecological, similarity of appearance to endangered Parish, Louisiana (density of 63/mi2) ; educational, historical, recreational and alligators. (This is indicated on the list 20,851 alligators in 562 square miles of scientific value to the Nation and its peo­ in § 17.1KD by the entry “ T (S / A )” in suitable habitat in Vermilion Parish ple . . .” .(87 Stat. 884, Section 2 (a )(3 ), the “status” column. The decision to (density of 37/mf); 400 alligators in 15 16 U.S.C. Section 1541(3)*) . change the status of only the alligators square miles of suitable habitat in Cal­ It should be noted that this definition in the three parishes in Louisiana is ex­ casieu Parish (density of. 27/mi2). In of “harm” which includes significant en­ plained elsewhere in this preamble. these three parishes, population densities vironmental modification, does not per­ There are two “populations” of alliga­ may have reached maximum carrying manently limit tiie environmental modi­ tors which are treated as threatened capacity. fications that are permissible for the species because of their similarity of ap­ (2) Changes from the proposal. Gen­ habitat of a listed species of fish or wild­ pearance to endangered alligators. These erally speaking, there is only one major life. I f the species was originally classi­ are (i) the alligators in Cameron, Ver­ change from the proposal, dealing with fied as endangered and made a significant milion and Calcasieu Parishes in Lou­ the status of the alligator. However, recovery, it could be down-listed to isiana, and (ii) alligators in captivity. there are a number of editorial revisions threatened with regulations that don’t These populations clearly meet the cri­ for clarity, and some minor substantive prohibit “ takings”. Second, the species teria for “similarity of appearance” changes to further define concepts set out could recover completely and be delisted treatment set out in the Act and in these in the proposal. Also, the drafting and altogether. Finally, the species in ques­ regulations. typographical errors in the proposal have tion could abandon its use of the area. The Act requires three things: been corrected. The differences between In all of these situations, the limited re­ (i) that the species be substantially the proposal and this final rulemaking strictions on environmental modification difficult to distinguish, at the point in will be discussed subpart by subpart, under the definition of “harm” would be question, for law-enforcement personnel; below. removed. (ii) that this difficulty is an additional Subpart A ( I ntroduction and G eneral Subpart A, as proposed, also contained threat to the endangered or threatened P rovisions) rules on the exemption for Alaskan na­ species; and tives, of pre-Act wildlife, on the new (iii) that the treatment of the similar In the proposal, Subpart A contained a concept of captive, self-sustaining popu­ species as threatened or endangered will series of definitions necessary for proper lations, and on the similarity-of-appear­ facilitate enforcement. implementation of the Act. Especially ance provisions in the Act. All of these notable were the definitions of “industry rules have been retained without sub­ The regulations expand upon these cri­ and trade” , which clarified the scope of stantial change. They have been edited teria to a certain degree, especially by some of the interstate commerce prohi­ somewhat for clarity and consistency. making it clear that the difficulty in dis­ bitions, and of “harass” , which clarified The rules on similarity-of-appearance tinction can arise between two different the scope of the prohibition on taking. have been moved to subpart E (Similar­ geographic “populations” of the same The definition of “harass” has been re­ ity of Appearance). This was done to im­ taxonomic species, as well as between dif­ tained in a modified form in this final prove the organization and clarity of the ferent species. The regulations also make rulemaking, to make it applicable to ac­ rules, by grouping all of the similarity- it clear that one method of facilitating tions or omissions with the potential for law enforcement can be by providing a injury. The concept of environmental of-appearance provisions in one place, system of controls to distinguish the damage being considered a “ taking” has and cutting down the need for cross­ similar species from the endangered or been retained, but is now found in a new referral in reading the rules. threatened. definition, of the word “harm”. “Harm” S ubpart B (L is t s ) The designation of these two popula­ covers actions or omissions which actu­ tions as threatened species, due to their This subpart has been changed by con­ similarity in appearance, fits the criteria ally, (as opposed to potentially), cause solidating the lists in Sections 17.11, very well. First, alligators in the three

FEDERAL REGISTER, V O L 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44414 RULES AND REGULATIONS parishes or in captivity are impossible described above apply to actions by State been inserted. The application require­ to distinguish from endangered alligators and Federal employees under this ex­ ments for this permit have been refined, since they are, in fact, taxonomically and ception. from the proposal, to deal specifically morphologically identical. Especially An exception has been added to § 17.21 with these permits. An example has been when it comes to the identification of (d), to authorize the possession, trans­ added to clarify the role of these permits, products, distinction between the various portation, etc. of endangered wildlife as and the flexibility available with them. populations is impossible, without some necessary to perform law enforcement Specific reporting and recordkeeping re­ controls. Second, a major factor in the functions. While this activity is author­ quirements will be set out in the permits threat to the alligator’s existence is the ized by law, it was felt to be useful to themselves. The Service is considering illegal killing of alligators in order to put state it expressly, and thereby avoid several different methods, and will en­ alligator hide products on the com­ confusion, and avoid misapprehensions deavor to cut out all unnecessary paper­ mercial market. Once a legal market is on the part of State personnel. work. established for one of the populations, The provisions on permits have been In order to incorporate previous rule- that market may in fact serve as adopted substantially as they were pro­ makings on threatened species in this re­ “screen” for products of alligators taken posed, with some editorial revisions. A publication, the rules pertaining to 3 from the other populations. Without similar proposal for permit provisions species of kangaroos, to grizzly bears, and being able to identify one alligator popu­ was made on Hay 20, 1975 (40 F.R. to 3 western species of trout have been lation as opposed to another, there is no 21977), in conjunction with the proposal put into the appropriate sections for spe­ way for enforcement officers to prevent to designate certain sea turtles as threat­ cial rules. These rules have been in­ this misuse of the legal market. Third, ened species (40 F.R. 21974). The May corporated without substantive change. the controls established by this rulemak­ 20 proposal regarding permit provisions The special rule for the American al­ ing will provide a practicable, enforce­ is hereby rescinded, and this final rule- ligator has been changed significantly in able, method for distinguishing between making will serve instead. form, but not in substance. First, the ex­ emptions to the taking provisions which the various populations of alligators. It Subpart D (T hreatened W il d l if e ) is based on a series of marking and tag­ were proposed in § 17.35 (a) (1) for ging requirements which provide what A number of significant changes have "nuisance”'animals and for research and nature could not—a reliable method for been made in this subpart. First, the conservation programs have been re­ identifying an alligator, throughout the adoption of the general prohibitions, in drafted to be consistent with the same processing and marketing chain, to the § 17.31, has been modified to make it provisions in §§ 17.21 and 17.31, discussed population from which it was taken. Any clear that all of the provisions of § 17.21, above. Second, the application of each pro­ alligator which cannot be identified, by including the exceptions, are adopted for threatened species. Thus, a threat­ hibition to American alligators has been this method, to the “legal” population specified and clarified. Thus, users of for taking, is then automatically suspect. ened specimen may be taken by a State wildlife officer if it has been orphaned these regulations will be able, without The editorial revisions in § 17.11 (for­ cross references, to find all the rules re­ merly § 17.13) are intended to clarify or injured, for example. In addition, there is a special rule authorizing certain lating to threatened alligators in one the meaning of the different entries on place. the list of species. This new format of Federal and State personnel to take threatened wildlife in the course of re­ Third, the rules which were found in listing is designed to provide all users the “similarity-of-appearance” subpart of these regulations with one, easy-to- search or conservation programs, pro­ vided (in the case of a State) that a in the proposal are now moved to the use source of information on endangered special rule on threatened alligators. and threatened species. cooperative agreement's in effect. Section 17.31 has also been changed by This is appropriate, since § 4(e) of the S ubpart C (E ndangered W il d l if e ) the addition of paragraph (c), which Act provides that species which are simi­ lar in appearance shall be treated as en­ The major changes in Subpart C from states that when a special rule is in ef­ fect, it completely supersedes the general dangered or threatened species. Thus, the the proposal have been the revision of alligators in the three parishes in Louisi­ the exception to the taking prohibition, rules set out in paragraphs (a) and (b) of § 17.31. This change clarifies what was ana are treated as threatened. The actual the addition of a law enforcement ex­ rules for the marketing of hides have ception to the prohibition on the posses­ proposed, and is the cornerstone of the system for regulating threatened wild­ been reviewed for consistency with the sion, transportation, etc. of unlawfully proposed Louisiana regulations for the taken wildlife, and editorial revisions of life. To restate it, the general prohibi­ tions and exceptions stated in § 17.31 taking and tagging of alligators. The pro­ the permit provisions.' visions for permits for buyers, tanners The proposed exception in Section apply to any wildlife designated as threatened, unless that species is sub­ and fabricators have been edited to cor­ 17.21(c) (2) to the taking prohibition to rect drafting errors in the proposal. allow State, local and- Federal employees ject to a special rule. Likewise, the gen­ eral permits available under § 17.32 The controls over the marketing of the to “ take” endangered wildlife in emer­ hides of American alligators in these gency situations has been revised sub­ apply (as further exceptions to the ac­ tions prohibited by § 17.31), unless a regulations are based on the implementa­ stantially. It now includes an exception tion and enforcement of Louisiana’s reg­ applicable to the general public for tak­ special rule is in effect for that species. When a special rule is in effect for a ulations. If at any time the Director finds ings in self defense or defense of the lives particular species, it will contain all the that the program in Louisiana is unsatis­ of others. Although most endangered prohibitions, exceptions and permits ap­ factory, he will re-designate the alliga­ species would not pose a threat to human plicable to that species. The special rule tor, in the three parishes in Louisiana life, there are some, such as alligators in will be referred to in the “special rules” where it will be “ de-listed” , as threat­ certain areas, that could be dangerous. column in § 17.1 l(i) (the endangered ened or endangered, by emergency rule- A reporting requirement has been added and threatened wildlife list). making. to help assure that this provision is not Section 17.32, on general permits for S ubpart E (S im il a r it y of A ppearance) abused. In addition, the disposition of threatened wildlife has been editorially the specimen must be under the guidance revised. The information requirements This subpart has been substantially of the Service. The language in the ex­ for permit applicants have been included redrafted and reorganized, but there ception with actions by State, local and in their entirety, rather than simply by have been no significant changes in sub­ Federal employees has been revised. The reference back to § 17.21. The applicant stance. The material from § 17.7 in the types of persons covered by this provi­ must submit all information relevant to proposal has been inserted in § 17.50, in­ sion have been defined, and are now the purpose for which he is seeking a stead of the material originally in Sec­ limited to those whose duties include the tion 17.50 as proposed. Thus all the rules permit, but need not submit information handling of wildlife, and who work for pertaining to the determination that a agencies which normally become in­ which does not appear relevant. species is similar in appearance to an en­ volved with wildlife in the course of their A ,new § 17.33, providing special per­ dangered or threatened species, and per­ land management activities. Also, the re­ mits for transactions with specimens of taining to the treatment applied to such porting and disposition requirements captive, self-sustaining populations, has species, are now found in one subpart.

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 RULES AND REGULATIONS 44415

Generally, the similar species will be weather is still warm and alligators are Sec. treated as endangered, and all the rules still feeding actively. 17.39 Permits. [Reserved] in Subpart C (Endangered Wildlife) will For these reasons, the Service finds 17.40 Special rules—mammals. apply to it, or as threatened, in which 17.41 Special rules—birds. [Reserved] there is good cause to make these rules 17.42 Special rules—reptiles. case all the rules in Subpart D (Threat­ effective September 26, 1975. 17.43 Special rules— amphibians. [Reserved] ened Wildlife), including special rules, It was noted above that several species 17.44 Special rules—fishes. will apply. In addition, a special permit which were recently added to the regu­ 17.45 Special rules—mollusks. [Reserved] is available to distinguish a specimen of lations have been included in the new 17.46 Special rules—crustaceans [Reserved] a “similar” species from the endangered consolidated listing in § 17.11 (i). This 17.47 Special rules—inspects. [Reserved] or threatened species. A new provision has been done for the convenience of the 17.48 Special rules— other forms. [Reserved] has been added to that permit section, users of the regulations. However, the Subpart E— Similarity of Appearance indicating that the availability of this effective date of the addition of some of 17.50 General. permit could be nullified by a special rule. those species is later than the effective 17.51 Treatment as endangered or threat­ Such special rules could appear in Sub­ date of this rulemaking. Therefore, to ened. part C (Endangered Wildlife) as well as avoid any inconsistency, the effective 17.52 Permits—similarity of appearance. Subpart D (Threatened W ildlife). They date of the portion of this regulation A u t h o r it y : Endangered Species Act of would be used where there is no reliable which lists those eight species has been 1973 (16 JLS.C. 1531-1543). way to distinguish the “similar” speci­ delayed to coincide with the effective mens, or, as in the case of the American date shown in the final rulemaking docu­ Subpart A— Introduction and General Provisions alligator (see § 17.42(a) (3) (ii) ), where ment for those species (see 40 FR 44149). a different system is provided to distin­ Accordingly, Part 17 of Chapter I, § 17.1 Purpose of regulations. guish the “similar” specimen from the Title 50, Code of Federal Regulations, is threatened specimens. (a) The regulations in this part im­ amended as set forth below. This amend­ plement the Endangered Species Act of F uture R ulem aking s ment is effective on September 26, 1975, 1973, 87 Stat. 884, 16 U.S.C. 1531-43. As indicated at the beginning of this except that the insertion of the following (b) The regulations identify those preamble, a proposed rulemaking will be species in § 17.11

FEDERAL REGISTER, VOL. 40, NO . 188— FRIDAY, SEPTEMBER 26, 1975 44416 RULES AND REGULATIONS more Alaska Indian (including Tsim- “Population” means a group of fish or This applies even if the trophy was in the shian Indians enrolled or not enrolled in wildlife in the same taxon below the sub- possession of the taxidermist on December 28, 1973. the Metlaktla Indian Community), specific level, in common spatial arrange­ Example 4. On January 15, 1974, a hunter Eskimo, or Aleut blood, or combination ment that interbreed when mature; kills a leopard legally in Africa. He has the thereof. The term includes any Native, “ Specimen” means any animal or leopard mounted and imports it into the as so defined, either or both of whose plant, or any part, product, egg, seed or United States in June 1974. This importation adoptive parents are not Natives. It also root of any animal or plant; is a violation of the Act since the leopard was includes, in the absence of proof of a “Subsistence” means the use of en­ not in captivity or a controlled environment minimum blood quantum, any citizen of dangered or threatened wildlife for food, on December 28, 1973. the United States who is regarded as an clothing, shelter, heating, transportation (b) Service officers or Customs officers Alaska Native by the Native village or and other uses necessary to maintain the may refuse to clear endangered or threat­ town of which he claims to be a member life of the taker of the wildlife, or those ened wildlife for importation into or ex­ and whose father or mother is (or, if de­ who depend upon the taker to provide portation from the United States, pursu­ ceased, was) regarded as Native by any them with such subsistence, and includes ant to § 14.53 of this subchapter, until Native village or Native town. Any citi­ selling any edible portions of such wild­ the importer or exporter can demonstrate zen enrolled by the Secretary pursuant life in native villages and towns in Alaska that the exemption referred to in this to section 5 of the Alaska Native Claims for native consumption within native vil­ section applies. Exempt status may be Settlement Act shall be conclusively pre­ lages and towns; established by any sufficient evidence, in­ sumed to be an Alaskan Native for pur­ “Threatened” means a species of wild­ cluding an affidavit containing the fol­ poses of this part; life listed in § 17.11 or plant listed in lowing : “ Authentic native articles of handi­ § 17.12 and designated as threatened. (1) The affiant’s name and address; crafts and clothing” means items made “ Wasteful manner” means any taking (2) Identification of the affiant; by an Indian, Aleut, or Eskimo which (a) or method of taking which is likely to (3) Identification of the endangered or were commonly produced on or before result in the killing or injury of endan­ threatened wildlife which is the subject December 28,1973, and (b) affe composed gered or threatened wildlife beyond those of the affidavit; wholly or in some significant respec.t of needed for subsistence purposes, or which (4) A statement by the affiant that to natural materials, and (c) are signifi­ results in the waste of a substantial por­ the best of his knowledge and belief, the cantly altered from their natural form tion of the wildlife, and includes without ^endangered or threatened wildlife which and which are produced, decorated,, or limitation the employment of a method is the subject of the affidavit was in fashioned in the exercise of traditional of taking which is not likely to assure the captivity or in a controlled environment native handicrafts without the use of capture or killing of the wildlife, or which on December 28,1973, and was not being pantographs, multiple carvers, or similar is not immediately followed by a reason­ held for. purposes contrary to the Act or mass copying devices. Improved methods able effort to retrieve the wildlife. in the course of a commercial activity; of production utilizing modem imple­ § 17.4 Pre-Act wildlife. (5) A statement by the affiant in the ments such as sewing machines or mod­ following language: ern techniques at a tannery registered (a) The prohibitions defined in Sub-' The foregoing is principally based on the pursuant to § 18.23(c) of this subchapter parts C and D of this Part 17 shall not apply to any activity involving endan­ attached exhibits which, to the. best of my (in the case of marine mammals) may be knowledge and belief, are complete, true and used so long as no large scale mass pro­ gered or threatened wildlife which was correct. I understand that this affidavit is duction industry results. Traditional na­ held in captivity or in a controlled en­ being submitted for the purpose of inducing tive handicrafts include, but are not lim­ vironment on December 28, 1973: Pro­ the Federal Government to recognize an ex­ ited to, weaving, carving, stitching, sew­ vided, empt status regarding ( insert description of ing, lacing, beading, drawing, and paint­ (1) That the purposes of such hold­ w ildlife), under the Endangered Species Act of 1973 (16 U.S.C. 1531-1543), and regulations ing. The formation of traditional native ing were not contrary to the purposes promulgated thereunder, and that any false groups such as cooperatives, is permitted of the Act; and statements may subject me to the criminal so long as no large scale mass production (2) That the wildlife was not held in penalties of 18 U.S.C. 1001. results; “Endangered” means a species of wild­ the course of a commercial activity. (6) As an attachment, records or life listed in § 17.11 or a species of plant Example 1. On January 25, 1974, a tourist other available evidence to show: listed in § 17.12 and designated as buys a stuffed hawksbill turtle (an endan­ (i) That the wildlife in question was endangered. gered species listed since June, 1970), in a being held in captivity or in a controlled foreign country. On December 28, 1973, the environment on December 28, 1973; “ Harass” in the definition of “ take” stuffed turtle had been on display for sale. in the Act means an intentional or negli­ The tourist' imports the stuffed turtle into (ii) The purpose for which the wild­ gent act or omission which creates the the United States on January 26, 1974. This life was being held; and likelihood of injury to wildlife by annoy­ is a violation of the Act since the stuffed (iii) The nature of such holding (to ing it to such an extent as to significantly turtle was held for commercial purposes on establish that no commercial activity was disrupt normal behavioral patterns December 28, 1973. involved). which include, but are not limited to, Example 2. On December 27, 1973 (or (c) This section applies only to wild­ breeding, feeding or sheltering. earlier), a tourist buys a leopard skin coat life born on or prior to December 28, (the leopard has been listed as endangered 1973. It does not apply to the progeny “Harm” in the definition of “take” in since March 1972) for his wife in a foreign the Act means an act or omission which country. On January 5, he imports it into of any such wildlife born after Decem­ actually injures or kills wildlife, includ­ the United States. He has not committed a ber 28, 1973. violation since on December 28, 1973, he was ing acts which annoy it to such an extent § 17.5 Alaska natives. as to significantly disrupt essential be­ the owner of the coat, for personal purposes, havioral patterns, which include, but are and the chain of commerce had ended with (a) The provisions of Subpart C of not limited to, breeding, feeding or shel­ the sale on. the 27th. Even if he did not this part relating to the importation or tering; significant environmental mod­ finish paying for the coat for another year, the taking of endangered wildlife, and as long as he had possession of it, and he was any provision of Subpart D of this part ification or degradation which has such not going to resell it, but was using it for effects is included within the meaning of personal purposes, the Act does not apply to relating to the importation or the tak­ “harm” ; that coat. ing of threatened wildlife, shall not ap­ “Industry or trade” in the definition of Example 3. On or before December 28, 1973, ply to: “ commercial activity” in the Act means a hunter kills a leopard legally in Africa. He (1) Any Indian, Aleut, or Eskimo who the actual or intended transfer of wild­ has the leopard mounted and imports it into the United States in March 1974. The impor­ is an Alaskan native and who resides life or plants from one person to another tation is not subject to the Act. The hunter person in the pursuit of gain or profit; in Alaska; or has not engaged in a commercial activity, (2) Any non-native permanent resi­ “Native village or town” means any even though he bought the services of a community, association, tribe, clan or guide, outfitters, and a taxidermist to help dent of an Alaskan native village who is group; him take, preserve, and import the leopard. primarily dependent upon the taking of

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 RULES AND REGULATIONS 44417

wildlife for consumption or for the crea­ such listing shall bear the notation (4) The number of generations of the tion and sale of authentic native articles “ (C /P)” following the designation of % species that have been successfully prop­ of handicrafts and clothing: status, to indicate that the reason for agated in captivity; if the taking is primarily for subsistence treating it as threatened rather than (5) The likelihood that persons own­ purposes, and is not accomplished in a endangered was the attainment of adap­ ing or controlling such captive specimens wasteful manner. tive, self-sustaining population within will cooperate in insuring the continued (b) Edible portions of endangered or the United States. existence of and reproduction among threatened wildlife taken or imported

SPECIES RANGE When Special Common Name Scientific Name Populations Status Listed . Rules Known Distribution Portion of Range Where 'v E n d a n g e re d o r T h re a te n e d

X Y pheasant G ig a n tu s s m a llu s N / A Southeast Asia Entire Do do In captivity in U.S. E 6 N / A N / A E n tire TOC/P) 6 N/A Subpart B— Lists (c) If the “status” column has an “E” , “N/A” (not applicable) •will appear in § 17.11 Endangered and threatened that species is thereby designated as en­ this column. wildlife. dangered. If the “status” column has a (f) For information purposes only, the (a) The list in this section contains all “ T ”, that species is thereby designated as “When listed” column provides a foot­ the species of wildlife which are deter­ threatened. The addition of the letters note reference to the date and location mined by the Director or by the Secre­ “ S/A” in parentheses indicates that the of the F ederal R egister publication ac­ tary of Commerce to be endangered or reason for designating the species as en­ tually listing the species. That publica­ threatened. It also contains species of dangered or threatened is its similarity tion will include a statement indicating wildlife treated as endangered or threat­ in appearance. The addition of the let­ the basis for the current status. ened because they are similar in appear­ ters “C/P” in parentheses indicates that (g) The “special rules” column is a ance to an endangered or threatened the reason for designating the species as reference to any special rules. The letters species (see Subpart E) or because they threatened is that it constitutes a cap­ “N/A” (not applicable) appearing in this constitute a captive, self-sustaining pop­ tive, self-sustaining population. column indicate that there are ho such ulation (see § 17.7). (d) For information purposes only, the special rules which apply to that species. (b) The columns entitled “Common “known distribution” column will indi­ However, all other appropriate rules in name”, “ Scientific name” and “Popula­ cate the normal, known distribution of a this Part 17 still apply to that species. tion” define the “species” of wildlife species, subspecies, or a smaller taxon. In addition, there may be other rules in within the meaning of the Act. Thus, two This column does not imply any limita­ this Subchapter B (Parts 10-22) that different geographic populations of the tion on the application of the prohibi­ also relate to such wildlife, such as port- same subspecies or species will be identi­ tions in the Act and in this Part 17. of-entry requirements, etc. It is not in­ fied by their differing geographic bound- Such prohibitions apply to all specimens tended that the references in the “Spe­ an®s> even though the common and sci­ of the species, wherever found. cial rules” column list all the regulations entific names are identical for both en­ (e) The column entitled “Portion of of the Service which might apply to the tries. The same is true for two different the range where endangered or threat­ wildlife in question, or the regulations of color phases, identified by their unique ened” designates that portion of the other Federal, State or local agencies. ^ Tlle prohibitions in the Act and in range of the species over which it is en­ (h) The listing of a particular taxo­ this Part 17 apply to all specimens of the dangered or threatened. The Act requires nomic group includes all lower taxo­ species” listed, wherever they are found, that the species must be endangered or nomic groups. Example: If the genus and to their progeny. Although common threatened over all or a significant por­ Felis was listed, all species, subspecies, names are included, they cannot be re­ tion of its range in order to be listed. races, and populations of that genus are lied upon for identification of any speci­ When a species is listed because it is considered to be listed. If the species similar in appearance to an endangered Felis concolor was listed, all subspecies, men, since they vary greatly in local or threatened species, this requirement usage. races, and populations of that species are does not apply. Therefore, the notation considered to be listed.

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 2A, 1975 44418 RULES AND REGULATIONS

SPECIES RANGE

Portion of Range Where Threatened or When Special Common Name Scientific Name Population Known Distribution Endangered Status Listed Rules

MAMMALS: 3 Anoa A noa depresslcornis N/A Indonesia Entire E N/A Chlamyphorus truncatus N/A Argentina Do E 3 N/A Armadillo, Pink Fairy E 3 Ass, African Wild Equus asinus N/A Ethiopia,. Somalia, Sudan Do N/A N/A Southwestern and Central Asia Do E 3 N/A Ass, Asian Wild Equus hemionus Do E 4 N/A Avahis A v a h i spp. (all species) N/A Malagasy Republic (Madagascar) Daubentonia madagascariensis N/A Do Do E 3 N/A Aye-aye Do E - 4 Bandicoot, Barred Perameles bougainville N/A Australia N/A Perameles eremiana N/A Do Do E 6 N/A Bandicoot, Desert Do E 4 Bandicoot, Rabbit Macrotis lagotis N/A Do, N/A N/A Do Do E 4 N/A Bandicoot, Lesser Rabbit Macrotis leucura Do E 4 Bandicoot, Pig-footed Chaeropus ecaudatus N/A Do N/A N/A Southeast Asia Do E 4 N/A Banteng Bibo» banteng Entire E 2 Bat, Hawaiian Hoary Lasiurus einereus semotus N/A USA (Hawaii) N/A N/A Eastern and Midwestern USA Do E 1 N/A Bat, Indiana Myotis sodalis Do T 9 17.40(b) Bear, Grizzly TJrsus arctos horribilis USA (48 conter­ USA (Montana, Idaho, Wyoming) minous States) N/A Mexico Do E 3 N/A Bear, Mexican Grizzly Ursus arctos nelsoni Do E 3 N/A Bison, Wood Bison bison athabascae N/A Canada Felis tigrina N/A Costa Rica to Northern South Do -E 4 N/A Cat, Tiger America Do E 3,6 N/A Cheetah Acinonyxjubatus N/A Africa to India Colobus badius rufomitratus N/A Kenya Do E 4 N/A Colobus, Red Do E 4 N/A Colobus, Zanzibar Red Colobus badius kirkii N/A Tanzania (Zanzibar) Fdis coneolor cougar N/A Eastern USA Do E 6 N/A Cougar, Eastern Do E 3 N/A Deer, Bawean Helaphus kuhli ( Cervus kuhli) N/A Indonesia C e r m s e ld i N/A India, Southeast Asia Do E 4 N/A Deer, Brow-antlered, Eld’s Entire E 10 N/A Deer, Cedros Island Mule Odocoileus hemlonus cerrosensis N/A Mexico (Cedros Island) Odocoileus virginianus leucurus N/A USA (Oregon, Washington) Do E 1 N/A Deer, Columbian Whitetailed Do E 1 N/A Deer, Key Odocoileus virginianus davium N/A USA (Florida) Blastocerus dichotomus N/A Argentina, Uruguay, Paraguay, Do E 4 N/A Deer, Marsh Brazil Do E 4 N/A Deer, McNeill's Cervus elaphus macneiW N/A China, Tibet Dama dama mesopotamica N/A Iraq, Iran Do E 3 N/A Deer, Persian Fallow Do E 4 N/A Deer, Swamp Cervus duvauceli N/A India, Nepal Dibatag (see Gazelle, Clark’s) Do E 4 N/A Dibbler Antechinus apicalis N/A Australia Cuon alpinus N/A USSR, India Do E 4 N/A Dog, Asiatic Wild (Dhole) East Africa to Ryukyu Islands Do E 4 N/A Dugong Dugong dugon N/A Mustela nigripes N/A Western U SA and Western Canada Do E 1,3 N/A Ferret, Black-footed Do E 6 N/A Forester, Tasmanian (Kangaroo) Macropus giganteus tasmanien - N/A Australia sis Canada Do • E 3 N/A Fox, Northern Kit Vulpes velox hebes N/A 1 N/A Vulpes macrotis m utica N/A USA (California) Do E Fox, San Joaquin Kit Somalia, Ethiopia Do E 3 N/A Gazelle, Clark’s (Dibatag) Ammordorcas clarkii N/A E 4 N/A OazeUa cuvieri N/A Morocco, Tunisia Do Gazelle, Cuviers Do E 4 N/A Gazelle, Mhorr Oazella dama m horr N/A Morocco Oazella dorcas massaesyla N/A Morocco, Algeria Do E 4 N/A Gazelle, Moroccan (Dorcas) Spanish Sahara Do E 4 N/A Gazelle, Rio de Oro Dama OazeUa dama lozanoi N/A E _ 4 N/A OazeUa leptoceros N/A Sudan, Algeria, Egypt, Libya Do Gazelle, Slender-horned (Rhim) Indonesia Do E 4 N/A Gibbon, Kloss Hylobates klossi N/A 4 N/A Hylobates pileatus , - N/A Laos, Thailand, Cambodia Do E Gibbon, Pileated Central and Western Africa Do E 4 N/A Gorilla OoriUa goriUa N/A 4 N/A Alcelaphus busdaphus swaynei N/A Ethiopia Do E Hartebeast, Swayne’s India Nepal, Bhutan, Sikkim Do E 4 N/A Hog, Pygmy Sus salvanius N / A E 4 N/A Hyaena hyaena barbara N/A Morocco Do Hyaena, Barbary South Africa Do E 4 N/A Hyaena, Brown Hyaena brunnea N/A E 3 N/A Capra pyrenaica pyrenaica N/A Spain Do Ibex, Pyreanean Ethiopia Do E 3 N/A Ibex, Walia Capra walie N/A Southwest Africa, Angola Do E 4 N/A Impala, Black-faced Aepyceros mdampus petersi N/A Do E 3,4 N/A In d r i spp (all species) N/A Malagasy Republic (Madagascar), Indris Comoro I. Central and South America Do E 4 N/A Jaguar , Panthera onca N/A Dp T 7 17.40(a) Kangaroo, Eastern Gray (see also Macropus giganteus (all sub- N/A Australia species except tasmaniensis) Forester, Tasmanian) Australia Do T 7 17.40(a) Kangaroo, Red Megaleia rufa N/A T 7 17.40(a) Macropus fvMginosus N/A Australia Do Kangaroo, Western Gray Cambodia Do E 3 N/A Kouprey Bos sauveli N/A Entire E 4 N/A Pygathrix nemaeus N/A Indochina, China (Hainan) Langur, Douc Indonesia Do E 4 N/A Langur, Pagi Island Simias coneolor N/A Do E 4 N/A Kobus leche smtthemani N/A Zambia Lech we, Black Malagasy Republic (Madagascar) Do E 8,4 N/A Lemurs L e m u r id a e ; all members of the N/A Genera Lemur, Hapalemur, N/A and Comoro Islands Lepiltm ur, Cheirogaleus, Microcebus, Phaner Do E 3,5 N/A Panthera pardus N/A Africa and Asia Leopard N/A Taiwan Do E 4 N/A Leopard, Formosan Clouded Neofelis nebulosa brachyurus Do E 5 N/A Panthera uncia N/A Central Asia N/A Leopard, Snow N/A India Do E 3 Lion, Asiatic Panthera leo persica Spain Do E 3 N/A Lynx, Spanish Felis lynx pardina ( F e lis N/A p a rd in a ) N/A N/A India Do E 3 Macaque, Lion-tailed Macaca sUenus South America: Amazon River Do E 3 N/A Manatee, Amazonian Trichechus inunguis N/A Basin N/A N/A USA (Florida), Caribbean, South Entire E 1, 3 Manatee, West Indian (Florida) Trichechus manatus America Do E 8 N/A Cercocebus galeritus galeritus N/A Kenya N/A Mangabey, Tana River N/A Central and South America Do E 5 Margay Felis wiedii Brazil, Colombia, Ecuador, Peru Do E 4 N/A Marmoset, Goeldi’s CaUimico goeldii N/A N/A Marmoset, Golden (See Tamann) N/A Australia Do E 4 Marsupial, Eastern Jerboa Antechinomys laniger Do E 4 N/A Sminthopsis psammophüa N/A Australia N/A Marsupial-mouse, Large Desert N/A Australia Do E 4 Marsupial.mouse, Longtafled Sminthopsis longicaudata Taiwan Do E 4 N/A Marten, Formosan Yellow-throated Martes ftavigula chrysospila N/A Monk-seal (See Seal, Mediterranean Monk). Do E 3 N/A Ateles geoffrayi frontatus N/A Costa Rica, Nicaragua N/A Monkey, Spider...... N/A Costa Rica, Panama Do E 3 Monkey, Spider Ateles geoffroyi panamensis Costa Rica, Panama Do E 8 N/A Monkey, Red-backed Squirrel Saim irí oerstedii (Siam iri schir- N/A eus oerstedii.

FEDERAL REGISTER, VOL. 40, NO . 188— FRIDAY, SEPTEMBER 26, 1975 RULES AND REGULATIONS 44419

SPECIES RANGE

P o rtio n o f Range Where Threatened or W h e n S p e Common Name Scientific Nam e P o p u la tio n Known Distribution E n d a n g e re d S ta tu s L is te d R u

Monkey, Woolly Spider Brachyteles arachnoides N /A - B ra z il E n tire E 4 N / A Mouse, Field’s Pseudomys fleldi N / A A u s tra lia D o E ' 4 N / A Mouse, Gould’s Pseudomys gouldii N / A v D o D o E 6 N / A Mouse, N ew Holland Pseudomys novaehollandiae N / A D o D o E 4 N / A Mouse, Salt Marsh Harvest Reithrodontomys raviventris N /A U SA (California) D o E 2 N/A Mouse, Shark B ay Pseudomys praeconis N / A A u s tra lia D o E 4 N/A Mouse, Shortridge’s Pseudomys shortridgei N / A D o . D o E 4 N/A Mouse, Smoky • Pseudomys fUmeus N / A D o D o E 4 N / A Mouse, Western Pseudomys occidentalis N / A D o D o E 4 N/A Native-cat, Eastern Dasyurus viverrinus N / A D o D o E 6 N / A ■ N u m b a t Myrmecobius fasciatus N / A D o D o E 6 N / A Ocelot JTL L ■ ' , Felis parddlis N / A Central and South America D o E 5 N '/ A Orangutan Pongo pygmaeus N / A Indonesia, Malaysia, Brunei E n tire E 3 N / A Oryx, Arabian Oryxteucoryx N / A Arabian Peninsula D o E 3 N / A Otter, Cameroon Clawless - P a r a o n y x m ic ro d o n N / A C a m e ro o n s D o E 4 N/A Otter, Giant Pteronura brasUiensis N / A South America D o E 3 N / A Otter, La Plata Lutra platensis N / A Uruguay, Argentina, Bolivia, D o E 4 N/A B ra z il Panther, Florida Felis concolor coryi N / A USA (Florida) D o E 1 N/A Planigale, Little Planigale subtUissima N / A A u s tra lia D o E 4 N / A Planigale, Southern Planigale tenuirostris N / A D o D o E 4 N / A Porcupine, Thin-spined __ " Chaetomys subspinosus N / A B ra z il D o E 3 N / A Possum, Mountain Pygmy " Burramys parvus N / A A u s tra lia D o E 4 N / A Possum, Scaly-tailed Wyulda sguamicaudata N / A D o D o E 4 N/A Prairie Dog, Mexican Cyonomys mexicanus N / A Mexico D o E 4 N / A Prairie Dog, Utah • Cyonomys parvidens -_j. .ii N/A U S A (U t a h ) E n tire E 6 N/A Pronghorn, Peninsular AntUocapra americana penin- N / A Mexico (Baja California) D o E 10 N / A sularisr Pronghorn, Sonoran AntUocapra americana sonor- N / A U S A (Arizona) Mexico D o E 1, 3 N / A ien sis Quokka Setonix brachyurus N / A A u s tra lia D o E 6 N/A R abbit, V olcan o Romerolagus diazi N / A M exico D o E 4 N/A Rat, Morro Bay Kangaroo Dipodomys heermanni mor- N / A U SA (California) D o E 2 N / A roen sis Rat, Stick:nest LeporUlus conditor ■ N / A A u s tra lia D o E 6 N / A Rat, False W ater Xeromys myoides - — — N / A D o D o E 4 N/A Rat-kangaroo, Brushtailed Bettongia, pendlTata N / A D o D o E 4 N/A Rat-kangaroo, Gaim ard’s Bettongia gaimardi N / A D o D o E 6 N/A Rat-kangaroo, Hesueur’s Bettongia lesueur N / A D o D o E 4 N/A Rat-kangaroo, Plain Caloprymnus eampestris N / A D o D o E 4 N/A Rat-kangaroo, Queensland Bettongia tropica N / A A u s tra lia E n tire E 4 N / A Rhim (see Gazelle, Slender-horned) Rhinoceros, Great Indian Rhinoceros unicornis N / A India, Nepal D o E 4 N / A Rhinoceros, Javan .Rhinoceros sondaicus N / A Indonesia, Burm a, Thailand D o E 3 N/A Rhinoceros, Northern White Ceratotherium simum cattoni N / A Zaire, Uganda, Sudan, Central D o E 4 N / A African Republic Rhinoceros, Sumatran Didermoceros sumatrensis ' N / A Bangladesh to. Viêt-Nam to Indo­ D o E 3 N / A nesia (Borneo) Saki, W hite-nosed Chiropotes albinasus N / X B ra z il D o E 4 N / A Seal, M editerranean M o n k M o n a c h u s m o n a ch u s N / A Mediterranean, Northwest Afri­ D o E 3 N/A can Coast and Black Sea. Seledang (Gaur) B o s g a u ru s N / A India, Southeast Asia, Bangla­ D o E 4 N/A desh. Serval, Barbary Felis serval constantina N / A A lg e ria D o E 4 N/A Shou Cervus elaphus wallichi N / A Tibet, Bhutan D o E 4 N / A Sifakas Propithecus. spp. (all species) N/A Malagasy Republic (Madagascar) E n tire E 4 N/A Sloth, B ra zilia n T h ree-to ed Brady pus torquatus N / A B ra z il D o E 4 N / A Snow Leopard (see Leopard) Solenodon, Cuban Atopogale cubana N / A C u b a D o E 4 N / A Solenodon, Haitian Solenodon paradoxus ' N / A Dominican Republic, Haiti D o E 4 N/A Squirrel, Delmarva Peninsula Fox Sciurus niger cinereus N / A USA (Maryland) D o E 1 N / A Stag, Barbary Cervus elaphus barbariis N / A Tunisia, Algeria D o E 3 N / A Stag, Kashmir Cervus elaphus hanglu N / A India (Kashmir) D o E 3 N / A T am araw Anoa mindorensis N / A Philippines D o E 4 N / A Tamarin, Golden-rumped (Golden­ L e o n tid e u s spp. (all species) N/A B ra z il D o E 3 N / A headed Tamarin; Golden-lion Marmoset) Tapir,' Brazilian Tapirus terrestris N / A Venezuela, Argentina, Brazil, D o E 4 N/A C o lo m b ia Tapir, Central American Tafhrus bairdii N / A Southern Mexico to Colombia and D o E 4 N/A E c u a d o r Tapir, Mountain Tapirus pinchaque N / A C o lo m b ia \ D o E 4 Thylacine (See Tiger, Tasm anian) N/A Tiger Panthera tigris N / A Temparate and Tropical Asia E n tire E 3 ,5 N/A Tiger, Tasmanian (Thylacine) Thylacinus cynocephalus N / A A u s t r a lia D o E 3 N/A Uakari C a ca ja o spp. (all species) N/A Peru, Colombia, Brazil, Vene­ D o E 3 N/A zuela, Ecuador Vicuna Vicugnq vicugna N/A Peru, Bolivia, Argentina D o E 3 N / A Wallaby, Banded Hare Lagostrophus fasciatus N/A A u s tra lia D o E 4 N/A Wallaby, Brindled Nail-tail Onychogaela frenata N/A D o D o E 4 N/A Wallaby, Crescent Nail-tail Onychogaela lunata N/A D o D o E 4 N/A Wallaby, Parma Macropus parma N/A D o D o E 4 N/A Wallaby, Western Hare Lagorchestes hirsutus N/A D o D o E 4 N/A Wallaby, Yellow-footed Rock Petrogale xanthopus N/A D o Whale, Blue D o E 6 N/A Balaenoptera muscuius N/A O cean ic D o Whale, Bowhead E 4 N/A Balaena mysticetus N/A O cean ic E n tire Whale, Finback E 4 N/A Balaenoptera physalus N/A D o Whale, Gray D o E 4 N/A Eschrichtius gibbosus ‘ N/A D o D o Whale, Humpback E 4 N/A Megaptera novaeangliae N/A D o Whale, Right D o E 4 N/A E u b a la e n a spp (all species) N/A Whale, Sei D o D o E 4 N/A Balaenoptera borealis N/A D o 1 Whale, Sperm D o E 4 N/A Physeter catodon N/A D o D o E 4 N/A Wolf, Eastern Tim ber Canis lupus lycaon N/A USA (Minnesota, Michigan), D o E 1 N/A Wolf, Maned Eastern Canada Chrysocyon brachyurus N/A Argentina, Bolivia, Brazil, Para­ D o E 4 N/A g u a y . s Canis lupus irremotus N/A Wolf’ R e d hCm E o c k y M o u n tain U SA (Wyoming, Montana) D o E 6 N/A Canis rufus N/A U SA (Texas, Louisiana) D o E 2 N/A Wombat, Barnard’s Lasiorhinus barnardi N/A A u s tra lia D o E 4 N[A V ^^h at, Queensland Hairy-nosed Lasiorhinus gUlespiei N/A x ak , W ild A u s tra lia D n E 6 N/A Bos grunniens mutus N/A Tibet, India E n tire E A N/A

FEDERAL REGISTER, VOL. 40, NQ. 188— FRIDAY, SEPTEMBER 26, 1975 44420 RULES A N D REGULATIONS

SPECIES RANGE

P o r t io n of Range Where Threatened or W h e n //Special Common Name Scientifie Ñam e Population Known Distribution E n d a n g e re d Statu s L is te d Rules

HIRES' Akepa, Hawaii (Honeycreeper) Loxops coccínea coccínea N/A USA (Hawaii) Entire E N/A Akepa, Maui (Honeycreeper) (ake- Loxops coccínea ochraccu N/A USA (Hawaii) E n tire E H 1 2 N/A p u ie ) Akialoa, Kauai (Honeycreeper) ITcmignathus procerus N/A USA (Hawaii) E n tire E X N/A Akiapolaau. (Honeycreeper) Hemignathus m ilioni N/A USA (Hawaii) E n tire E 1 N/A Albatross, Shorttailed Momedea albatrus N/A J a p a n E n tire E 3 N/A Bobwliite, Masked (Quail) Colinus lirginianus rídgwayi N/A USA (Arizona. New Mexico), E n tire E I, 3 N/A Northern Mexico. Bristlebird, Western (Flycatcher) Dasyornis brachypterus longi- N/A Austrailia Entire E , I N/A ro s tris Bulbul, Mauritius Olivaceous Ifypsipetes borbónicas olibaceus: N/A M a u ritiu s - E n tire -E 3 N-/A Bullfinch, Sao Miguel (Finch) Pyrrhula pyrrhula marina N/A Eastern Atlantic Ocean; Portugal Entire E , 3 N/A (A z o re s ) Bustard,. Great Indian Choriotis nigriceps N/A India, Pakistan E n tire E 3 N/A Callow (Bermuda Petrel) Ptcrodroma cahow N/A Western Atlantic Ocean: Berm uda E n tire E 4 N/A Condor, Andean Valtar gryphus N/A Colombia to Chile and Argentina E n tire E 4 N/A Condor, California Gymnogyps californianus N/A U SA (California) E n tire E 1 N/A Coot,. H a w a iia n Fidica americana alai N/A USA (Hawaii) Entire E - 2 N/A Crane, Hooded Grus monacha N/A Japan, USSR E n tire E 4 N/A Crane, Japanese Grus japonensis N/A China, Japan, Korea,' USSR Entire E 4 N/A Crane, Mississippi Sandhill Grus canadensis pulla N/A USA (Mississippi) Entire E 6 N/A Crane-, Siberian White Grus leucogeranus N/A. Siberia to India E n tire E 4 N/A Crane, Whooping Grus americana N/A Canada, USA E n tire E 1,3 ; N/ A C re e p e r, H a w a ii Loxops maculata mana N/A USA (Hawaii) E n tire E 10 N/A Creeper, Molokai (Kakawahie) Loxops maculata flammea N/A USA (Hawaii) E n tire E 2 N/A (Honeycreeper) Creeper, Oahu (Alauwahio) Loxops maculata maculata N/A USA (Hawaii), E n tire E ' ->■ ? N/A (Honeycreeper) Crow, Hawaiian (Alala) Cor vus trópicas N/A USA (Hawaii) E n tire E i N/A Cuckoo-shrike, Mauritius Coquus typicus N/A Mauritius Entire E" 3 N/A Cuckeo-shrike Reunion Coquu s newtoni N/A rndian Ocean: France (Rennioir E n tire E 3 N/A I.) Curassow, Red-billed Crax blumenbackii N/A B ra z il E n tire E 4 , N/ A Curassow, Trinidad White-headed Pipile pipile pipile N/A West Indies: Trinidad E n tire E 3 N/A Curlew, Eskimo Numenius borealis N/A Canada to Argentina E n tire E 1,3 N/A Dove, Cloven-feathered tìrepanoptila holosericea N/A Southwest Pacific Ocean: New Entire E N/A / 4 C a le d o n ia Dove, Grenada Leptotila melisi N/A West Indies: Grenada E n tire E 4 N/A Dove, Palau Ground Gaìlicolumba canlfrons N/A West Pacific Ocean: Palau Islands Entire -"7 E 4 N / A Duck, Hawaiian (Koloa) A n a s ■wyvillianu N/A USA (Hawaii) E n tire E 1 N/A Duck, Laysan Anas laysanensis N/A USA (Hawaii) E n tire E 1 N/A Duck, Mexican A n a s danzi N/A U SA (Texas, Arizona), Mexico E n tire E 1 N/A Duck, White-winged Wood Cairina scutulàta N/A India, Burma, Thailand, Ma- Entire E 3 N]A laysia; Indonesia Eagle, Monkeyeating Pithecophaga jefferyi N/A Philippines ' E n tire E 3 N / A Eagle-, Southern Bald Hfíiiaeetus-1'eucoeephalus leueo- N/A U SA (South of the-40th Parallel) Entire E 1 N / A cep h a lu s Eagle, Spanish Imperial Aquila heliaca adalberti N/A Spain, Morocco, Algeria E n tire - E 4 N / A Egret, Chinese Egretta eiderphotes N/A China, Korea E n tire E - 4 N/A Falcon, American Falco peregrinus wiiatum N / A . Canada, ~USA, Mexioo Entire E 2,3 N/A P e re g rin e Falcon, Arctic Peregrine Falco peregrinus tundrius N/A Canada, USA, Greenland to Entire E 2,4 N/A South America Finches, Laysan and-Nihoa P silt ir ostra cantane N/A USA (Hawaii) Entire E 1 N/A (Honeycreepers) Flycatcher,. Chatham Island Robin Petroica, traversi N/A New Zealand E n tire E 4 N / A Flycatcher, Euler’s (Tyrant) Kmpidonax euleri johnslonci N / A ' West Indies: Grenada Entire E . 3 N/A Flycatcher, Greynecked Rock-fowl Picathartes oreas N/A .Cameroon- Entire E 3 N/A Flcatcher, Palau Fantail lihipidura lepida N/A West Paeifie Ocean: Palau Islands E n tire E 4 N / A Flycatcher, Scarletbreasteds Robin Petroica m ulticolor m ulticolor N/A Australia; (Norfolk J.) E n tire - E 3 N/A (T y r a n t ) Flycatcher, Seychelles Black TerpsiphoiTi corvina N/A Tndian Ocean: Seychelles E n tire E 4 N/A Flycatcher, Tahiti Pomerea nigra nigra N/A South Pacific Ocean: Tahiti Entire E 3 N/A Flycather, Whitenecked Rock-fowl Picathartes gymnocephalus N/A Africa: Togo to Sierra Leone Entire E 3 N/A Fody, Seychelles (Weaver-finch) Foudia sechellarum N/A Indian Ocean: Seychelles Entire E 3 N/A Galhnule, Hawaiian Gallínula chloropus saridvicenis N/A USA (Hawaii) E n tire E 1 N/A Goose, Aleutian Canada U rania canadensis leueo paraia N/A Western USA, Japan ... E n tire E 1.4 N/A Goose, Hawaiian (Nene) Branta asndvicensis N/A USA (Hawaii) E n tire E 1 N/A Goshawk, Christmas Island _ Aacipiter fasciaius natalis N/A Indian Ocean : Australia (Christ- E n tire E 3 N/A - m a s I . ) Crackle-; Slender-billed Cassidix palustris N/A Mexico Entire E 4 N/A Grass-wren, Eyrean (Flycatcher) Amytornis goyderi N/A Australia /Entire E 4 N/A Grebe, Atitlan Podilymbus gigas N/A G u a te m a la E n tire E 3 N/A Guan, Horned Greophasis derbianus N/A Guatemala-, Mexico Entire E 3 N/A Gull, Audouin’s Larus audouinii N/A Mediterranean Sea and adjacent Entire E 3 N/A la n d s Hawk, Anjouan Island Sparrow A cdoiter francesii pusillue N / A ' Indian Ocean: Comoro Islands E n tire E ' 3 N/A Hawk, Gallapagos B utto galapagoensis N/A Ecuador (Galapagos Islands) E n tire E 3 N/A Hawk, Hawaiian (Io) Buteo solitarius N/A USA (Hawaii) Entire E 1 N / A Honeycreeper, Crested (Akohekolie) Palmerìa dolei N/A USA (Hawaii) Entire E 1 ■N/A Honeyeater, Helmeted Meliphaga cassidix N/A Australia Entire E ' 4 .N/A Ibis, Japanese Crested Nipponia nippon N/A China, Japan, Korea, USSR E n tire E 3 N/A Kagu (Rail) Rhynocheios jubatus N/A Southwest Pacific Ocean: New E n tire E 3 N/A - Caledonia Kakapo (Owl Parrot) Strigops habroptilus N/A New Zealand Entire E 4 N/A Kestrel, Mauritius Falco punctatus N/A Mauritius E n tire E 3 N/A Kestrel, Seychelles Falco araea N/A Indian Ocean: Seychelles Entire E 3 N/A Kite, Cuba Hookbilled Chondrohierax wilsonii N/A Cuba Entire E 4 N/A Kite, Grenada Hookbilled Chondrohierax uncinatus mirus N/A West Indies: Grenada Entire E 4 N/A Kite, Florida Everglade (Snail Kite) Rostrhamus sociabilis plum btus N/A USA (Florida) Entire E 1 N/A Kokako (Waitlebird) . Callaeas cinerea N/A New Zealand E n tire E 3 N/A Magpie-robin, Seychelles (Thrush) Copsychus sechellarum N/A Indian Ocean: Seychelles E n tire E 3 N/A Malkoha, Redfaced Phaenicophaeus pyrrhocephalus N/A Sri Lanka Entire E 3 N/A Megapode, La Perouse’s Megapodius laperouse N/A Western Pacific Ocean: Palau Ts^ Entire E 4 N/A lands. Mariana Islands

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 RULES AND REGULATIONS 44421

SPECIES RANCE

P o r t io n o f ' Bange Where Threatened or When S p e c ia l Com m on. N a m e Scientific Nam e P o p u la t io n K n o w p D is t r ib u t io n E n d a n g e re d S ta tu s L is t e d B u ie s

Megapode. Maleo M a c ro c e p h a lo n m a le o N/A Indonesia (Celebes) Entire E 4 N / A Millcrbird, Nihoa (Warbler) Acrocephalus ltingi N/A USA (Hawaii) D o E 1 N / A Monals (see Pheasant) Monarch, Tinian (Tyrant Fly­ Monarcha takatsukasae N/A Western Pacific Ocean: Manana D o E 3 N / A catcher) Islands (Tinian) Nukupuus, Kauai & Mam (Honey- Hemignathus lucidus N/A USA (Hawaii) D o E 2 N / A creeper) Moho braccatile N/A Oo, Kauai (Oo Aa) (Honeyeater) USA (Hawaii) D o E N/A Ostrich, Arabian Struthio cam elli» syriacus N/A Jordan, Saudi Arabia D o E N , A Struthio camelus spatzi N/A Ostrich, West African Spanish Sahara Do E N/A Psittirostra psittacea N/A Ou (Honeycreeper) - USA (Hawaii) D o E N/A Otus rutilus capnodes N/A Owl, Anjouan Scops Indian Ocean: Comoro Islands D o E N/A Otus podargina N/A O w l, P a la u Western Pacific Ocean: Palau Entire E N/A Is la n d s Otus insulari» N/A Owl, Seychelles Indian Ocean: Seychelles D o E 3 N / A Otus ireneae N/A Owlet, Mrs. Morden’s K e n y a D o E 3 N / A ' Psittirostra baíUeui N/A Pallia (Honeycreeper) USA (Hawaii) D o E 1 N / A Cyanoramphus auriceps forbesi N/A Parakeet, Forbes’ New Zealand D o E 4 N / A Parakeet, Golden-shouldered Psephotus chrysopterygius N/A A u s tra lia D o E 4 N / A Psittacula krameri echo N/A Parakeet, Mauritius Bingnecked M a u ritiu s D o E N/A Byrrhura cruentala N/A Parakeet, Ochre-marked B ra z il D o E N/A Neophema chrysogaster N/A Parakeet, Orange-bellied A u s tra lia D o E N/A Parakeet, Paradise Psephotus jmlcherrimus N/A A u s tra lia D o E N/A Neophema splendida N/A Parakeet, Scarlet-chested A u s tra lia E n tire E N/A Parakeet, Turquoise Neophema pulcheUa N/A A u s tra lia D o E N/A Amazona leucocephala N / A - Parrot, Bahamas Western Atlantic Ocean: Bahamas D o E N/A baham ensis Parrot, Ground Pezoporus waUicus N/A A u s tra lia D o E 6 N / A Parrot, Imperial Amazona imperialis , N / A West Indies: Dominica D o E 4 N / A Parrot, Night Oeopsittacus occidentalis N/A A u s tra lia D o E 3 N / A Parrot, Puerto Bican Amazona vittata N/A USA (Puerto Bico) Do E 1 N / A Parrot, Bed-browed Amazona rhodocorytha N/A B ra z il D o E 4 N / A Parrot, St. Lucia Amazona versicolor N/A West Indies: St. Lucia D o E • 4 N / A Parrot, St.Vincent Amazona guüdingii N/A W e st In d ie s : S t. V in c e n t D o E 4 N / A Parrot, Thick-billed Rhynchopsitta pachyrhyncha N/A Mexico, USA (Arizona, New E n tire E 3 N / A M e x ic o ) Parrotbill, Maui (Honeycreeper) Pseudbnestor xanthorphrys N/A USA (Hawaii) D o E 1 N / A Pelican, Brown - Pélecanus occidentalis N/A USA, West Indies, Central and D o E 2.4 N / A South America: Coastal Penguin, Galopagos Spheniscus mendiculus N/A Ecuador ( Galapagos Islands) D o E 2.4 N / A Petrel, Hawaiian Dark-rum ped Pterodroma phaepygia sand- N/A USA (Hawaii) D o E 1 N / A w ich en sis Pheasant, Bar-tailed Syrmaticus humiae N/A Burma, China D o E N/A Pheasant, Blyth’s Tragopan Tragopan blythii N/A Burma, China, India Do E N/A Pheasant, Brown-eared Crossoptilon mantchuricum N/A C h in a D o E N/A Pheasant, Cabot’s Tragopan Tragopan caboti N/A C h in a D o E N/A Pheasant, Chinese Monal Lophophorus Ihuysii N/A C h in a D o E N/A Pheasant, Edward’s \ Lophura edwardsi ■ N / A V ie tn a m E n tire E N/A Pheasant, Imperial /Bophura imperialis - N/A V ie tn a m D o E N/A Pheasant, Mikado Syrmaticus. mikado N/A T a iw a n D o E N/A Pheasant, Palaw an Peacock Polyplectron emphaiium N/A Philippines D o E N/A Pheasant, Sclater’s M onal Lophophorus selateri N/A Burma, China, India D o E N/A Pheasant, Swinhoe’s Lophura swinhoii N/A T a iw a n D o E N/A Pheasant, Western Tragopan Tragopan melanocephalus N/A India, Pakistan D o E N/A Pheasant, White-eared Crossoptilon crossoptilon . N/A China (Tibet), India D o E N/A Pigeon, Azores Wood Columba palumbus azorica N/A East Atlantic Ocean: Portugal D o E N/A (A z o re s ). Pigeon, Chatham Island Hemiphaga novaescelandiae N/A New Zealand D o E 4 N / A chatamensis Pigeon, Puerto Bican Plain Colomba inornata wetmorei ' N/A U SA (Puerto Bico) E n tire 2 N / A Piopio (Wattlebird) Turnagra capensis N/A Indian Ocean: France (Beunion Do 3 N / A Is la n d ) Praire Chicken, Attwater’s Greater Tympanuchus cupido attwateri N/A USA (Texas) . D o 1 N / A Plover, N ew Zealand Shore Thinornis novae-seelandiae N/A New Zealand D o 4 N / A P o ’o U l i Melamprosops phaeosoma N/A USA (Hawaii) D o 10 N / A B ail, A u k la n d Isla n d Rallus pectoralis m uelleri N/A New Zealand ' D o 3 N / A Bail, California Clapper Rallus longirostris obsoletus N/A U S A (California) D o 2 N / A Bail, Light-footed Clapper Rallus longirostris levipes N/A Mexico, U S A (California) D o 2 N / A Bail, Yum a Clapper Rallus longirostris yumanensis N/A Mexico, USA (Arizona, California) Do 1 N / A Bhea, Darwin’s Pterocnemia pennata N/A Argentina, Bolivia, Peru, Uru- Do 4 - N / A g u a y Boiler, Long-tailed Ground Uratelornis chimaera N/A Malagasy Bepublic (Madagascar) Entire 4 N / A Scrub-bird, Noisy Atrichornis damosus N/A Australia. D o 3 N / A Shama, Cebu Black (Thrush) Copsychus niger cebuensis N/A Philippines D o 3 N / A Shearwater, New ell’s Manx Puffinus puffinus newelli N/A USA (Hawaii) D o 10 N / A Sparrow, Cape Sable Ammospiza marUima mirabilis N/A USA (Florida) D o 1 N / A Sparrow, Dusky Seaside Ammospiza maritima nigre- N/A U SA (Florida) »... D o 1 N / A scens Sparrow, Santa Barbara Melospiza melodia graminea N/A U SA (California) D o N/A Starling, Ponape Mountain Aplonis pelzelni N/A Western Pacific Ocean: Caroline Do N/A Islands (Ponape) Starling, Bothschild’s (M yna) Leucopsar rothschildi N/A Indonesia (Bali) ^ D o N/A Stilt, Hawaiian Himantopus himantopus knud- N/A USA (Hawaii) D o N/A . se n i Stork, White Oriental Ciconia ciconia boyciana N/A China, Japan, Korea, USSB Entire 4 N / A Tern, California Least Sterna albifrons-browni N/A Mexico, U SA D o 2 ,4 N / A Thrasher, White-breasted Ramphocindus brachyurus N/A West Indies: Martinique, St. Lucia Do 3 N / A Thrush, Large Kauai Phaeornis obscurus myadestina N/A U SA (Hawaii) D o N/A Thrush, Molokai (Olom au) Phaeòrnis obscurus rutha N/A USA (Hawaii) D o N/A Thrush, Small Kauai (Puaiohi) Phaeornis paimeri N/A USA (Hawaii) . D o N/A Tragopans (see Pheasants) l rembler, Martinique Brow n Cinclocerthia ruficauda gut­ N/A West Indies: Martinique D o 3 N / A t u r a li» Wanderer, Plain Pedionomus torquatus N/A A u s tra lia D o 6 N / A Warbler (Wood), Bachman’s Vermivora bachmanii N/A Cuba, U S A (Southeastern) D o 1.4 N / A Warbler (Wood), Barbados Yellow Dendroica petechia petechia N/A West Indies Barbados E n tire Warbler, (Wood) Kirtland’s 4 N / A Dendroica kirtlandii N/A USA, West IndiesrBahamas D o Warbler, Heed 1 .4 N / A Acrocephdlus Tmscinia N/A Western Pacific Ocean: Mariana Do 3 N / A Isla n d s Warbler, Hodrigues Bebromis rodericanus N/A Mauritius (Bodrigues Ï.) D o N/A Warbler, Semper’s Leueopeza semperi ■ N/A West Indies: St. Lucia D o N/A

FEDERAL REGISTER, VOL. 40, N O . 188— FRIDAY, SEPTEMBER 26, 1975 44422 RULES AND REGULATIONS

SPECIES RANGE

P o rtio n o f Bange Where T h re a te n e d o r When Special E n d a n g e re d S ta tu s Listed Buies Common Name Scientific Nam e P o p u la tio n Known Distribution

E 3 N/A Warbler, Seychelles Bebrornis atcheüensis n ;/a Indian Ocean: Seychelles Do D o E 4 N/A Whipbird, Western (Thrush) Psophodes nigrogularia N/A Australia. . D o E 8 N/A Whip-poor-will, Puerto Bican Caprimulgus noctitherus N/A U SA (Puerto Bico) D o E 4 N/A White-eye, Ponape Great . Ruhia sanfordi- N/A Western Pacific Ocean: Caroline Islands (Ponape) D o E 4 N/A White-eye, Seychelles Zosterops modestus N./A Indian "Ocean: Seychelles E n tire E 3 N/A Woodpecker, Imperial Campephilus imperialis N/A M exico D o E 1, 3- N/-A Woodpecker, rvory-billed CœmpéphUus principalis N./A Cuba, USA (South Central and S o u th east) U SA (South Central and South­ D o E - 2 N/A Woodpecker, Eed-cockaded Dendrocòpos borealis N/A east) D o E 3- N/A Woodpecker, Tristram ’s Dryocopus jarensis riehardst N/A K o re a D a E 3 N/A Wren, Guadeloupe House Troglodytes aedonguadeloupen.- N/A West Indies: Guadeloupe sis D o E 3 N/A Wren, N ew Zealand Bush Xenicus longtpes N/A New Zealand D o E 3 N/A Wren, St. Lucia Troglodytes aedon mesoleucus N/A West Indies: St. Lucia

REPTILES“ E H i N / A Alligator, American Alligator in ississippiensis Wherever found Southeastern USA 'Entile in the wild, ex- , cept in Came- j-o n , V erm ilion , a n d C a lc a sie u Parishes in L o u isia n a . USA (Cameron, Vermilion,. Cal- N/A T (S / A ) 11 17.42(a) Alligator, American Alligator mississippiensi» I n th e w i l d in Cameron, Ver­ casieu Parishes in Louisiana) milion, and C a lc a sie u P a ris h e s i n L o u isia n a T(S/A) 11 N/A Alligator, American Alligator m ississippiensis In captivity, Worldwide N/A w h e re v e r fo u n d E • - 2 N/A Boa, Puerto Bican Epieraiss- inornatus N/A Puerto Bico — Entire E * ..... 4 N / A Boa, Jamaican Epicrat.cs subflavus _ N/A Jamaica Entire 10 N / AE Crocodile,, Am erican Crocodylus acutus .Florida U SA (South Florida and Florida Entire K e y s ) E 4 N/A Crocodile, Cuban Crocodylus rhoinbifer N / A Cuba Entire E 4 N/A Crocodile, Morelet’s Crocodylus moreletii N / A Mexico, Britisli Honduras Entire E 4 N/A C ro c o d ile , N ile Crocodylus niloticus N / A Africa Entire E N/A Crocodile, Orinoco Crocodylus intermedius N / A South America: Orinoco Biver Entire X 4 B a s in E 4 N / A Gavial (Gharial) Gaviatus gangeticus N / A Pakistan, India Burma, Bangla- Entire- desh E 4 N / A G e c k o , D a y Phelsuma newtoni N / A Mauritius Entire E 4 N/A Gecko, Bound Island Day Phelsiirna guentheri N / A Do * Entire E 3- N / A Iguana,, Anegada Ground Cydura pinguis N / A Virgin Islands: Anegada Island Entire E 4 N/A Iguana,, Barrington Land Conolophus pallidus : N / A Ecuador: Galapagos Islands Entire 1 ■N/A Lizard, Blunt-nosed Leopard Crotaphytus sttus N / A USA: California Entire E FN/A Snake, San Francisco Garter Thamnophis sirtdlis tetratacnia N / A USA: California _. Entire E . 4 N / A Terrapin, Biver (Tuntong) Balagur baska N / A Burma, India.. Indonesia-, Ma* Entire E laysia, Bangladesh E . 4 N/A Tortoise, Galapagos Testudo elephantopus N / A Ecuador: Galapagos Islands Entire 4 N / A Tortoise, Madagascar Badiated Testudo radiata ' N / A Malagasy Bepublie (Madagascar) Entire E 4 N/A Tortoise, Short-necked or Swamp Pseudemydura umbrUui N / A Australia Entire E E 4 N / A T u a t a r a Sphenodon punctatus N / A New Zealand ' Entire E 6 N/A Turtle, Aquatic Box Terrepene coahuila N / A Mexico Entire 4 N/A Turtle, Atlantic Bidley Lepidochelys kempii N / A D o E n t ir e E E.. 3> N/A Turtle, Hawksbill Eretmochelys imbricata N / A Tropical Seas ' Entire 3, N/A Turtle, Leatherback Dernwchelys coriacea N / A Tropical and Tempefate Seas- Entire E ' 3 N/A Turtle, South American Podocnemis expansa N / A South America: Orinoco and Entire E A m a z o n ; B iv e r B a sin s 4 N/A Turtle, South American Podocnemis unifilis N / A D o E n tire K 3 ■N/A Yacare (Caiman) Caiman yacare N / A Bolivia, Argentina, Peru, Brazil Entire E

AMPHIBIANS: E n tire 4 N / A Frog, Israel Painted Discoglossus nigrim nttr 'N/A Isra e l É Frog, Stephen- Island Leiopelma hanultoni N/A New Zealand D o E 4 N / A 5 N / A Salamander, Desert Slender Batrachoseps aridus- N/A U S A (California) D o E X N / A Salamander, Santa Cruz Long-tailed Ambystoma macrodhctylum ero - N / A - D o . D o E ceium 1 N / A Salamander, Texas Blind Typhlomolge rath bun:a N/A USA (Texas)7 D o E D o E 2 N / A Toad, Houston Bufo houstonensis N , A D o .

FISHES. E n tire 3 N / A A l a B a U k Salmo platycephalus N / A - T u r k e y :E 3 N / A A y u m o d o k i llymenophysa curta N/A J a p a n D o E 3- N / A BUndcat, Mexican P rist ella phreatophila N / A M exico D o E 2: N / A Bonytail, Pafiranagat Gita robusta jprdoni N/A USA/(Nevada) D o E 3 N / A C a tfis h Pangasius sanitwongsei N / A • T h a ila n d D o E 3- N / A Catfish;,: G ia n t Pangasianodon gigas N / A D o D o E. t N / A Chub, Humpback G ita cypha NVA U SA (Arizona. Ltaii, Wyoming ) D o E 2 N / A Chub, Mohave Siphdteles mohavensis N/A U SA (California) D o , E 3 N / A C ic e k . Acauthnm tilus handUrsck i. N/A T u r k e y D a E 1 N / A Cisco, Longjaw Cotegonus alpenaé N/A USA (Lakes Michigan, H u ro n ,. D o E a n d E r ie ) 1 N / A C u i-u i C h a sm istes c u jiis ,N/A USA (Nevada) D o E Dace, Kendall Warm Springs Rhinichthys oscuhis t ti é finalis N/A USA (Wyoming) Do E 2. N / A li N / A Dace, Moapa Moapa coriacea N/A USA (Nevada) D o E 10, N-/A Darter, ¡Bayou Etheostoma rubrum N/A USA (Mississippi) . Do T X N / A Darter, Fountain diurna torna fontocola N/A USA (Texas) " E n tire .' E 1 N / A Darter, Maryland Etheostoma sellare N/A USA (Maryland) D o E 6 N / A Darter, Okaloosa Elheostoma okaloosae N/A - USA (Florida).. D o E a N / A Darter, Watercress Etheostoma nuchale N/A USA (Alabama) D o E 1 N , A Gambusia,, Big Bend Gambusia gaigei N/A U SA (Texas): © a E 1 N / A Gambusia,. Clear Creek Gambusia heterochix N/A „ D o D o E 2. N / A Gambusia,. Pecos Gambusia nobili» N / A D o D o E 1 N / A Killifish, Pahnim p Em pctrich ytliys lotos 5 b A ■ -USA (Nevada) Do E 10: N / A Madtom, Scioto Noturvs trautmani N/A USA (Ohio)- D o E

FEDERAL REGISTER, VOL 40, NO. IT 3— riLDÆYy SEPTEMBER 26, 1 9 7 5 RULES ANO REGULATIONS 44423

SPECIESRANGE

Portion of Range Where Threatened or When Spedai Common Name Sdentine Name Population Known Distribution Endangered Stato Listed Rules

Nekogigi Coreobagru* ichikawai N/A Japan Do E 3 N/A Pike, B lue Stizostedion vitreum glaucum N/A USA (Lakes Erie and Ontario) Do E 1 N/A Pupfish, Comanche Springs Cyprinodon degan* N/A USA (Texas') Do E 1 N/A Pupfish, Devil’s Hole Cyprinodon diaboli* N/A USA (Nevada) Do E 1 N/A Pupfish, Owens River Cyprinodon radiosus N/A USA (California) Do E 1 N/A Pupfish, Tecopa Cyprinodon nevadmsis ealidae N/A USA (California) Do E 2 N/A Pupfish, Warm Springs Cyprinodon nevadensis pedo- N/A USA (Nevada) Do E 2 N/A Scraawfish, C o lo rad o R iv e r Ptychocheilus Indù» N/A USA (Colorado River System) Do E 1 N/A Stickleback, Unarmored Tbreespine Qasterosteru* aculeo tu* wil- N/A USA (California) Do E 2 N/A lia m s o n i Sturgeon, Shortnose Acipenser brevirostrum N/A Atlantic Coast of USA and Canada Do E 1 N/A Tango, Miyako Tanakia tanago N/A Japan Do E 3 N/A Topminnow, Gila Poeciliopsi* occidentali* N/A USA (Arizona), Mexico Do E 1 N/A Trout, Arizona (Apache) Salmo opache N/A USA (Arizona) Do T 8 § Ì7.44(a) Trout, Gila Salmo gilae N/A USA (New Mexico) Do E 1 N/A Trout, Greenback Cutthroat S a lm o c la rk i s tom ias N/A USA (Colorado) Do l_E 1 N/A Trout, Lahontan Cutthroat Salmo clarki henshawl N/A USA (California, Nevada) DO T 8 § i7.44(a) Trout, Paiute Cutthroat Salm o clarki seleniris N/A USA (California) ... Entire T 8 $17.44(a) Woundfin Plagopterus argentmimus N/A USA (Utah) Do E 2 N/A SNAILS; Snail, M anus Island Tree Papustyla pulcherrina N/A Admiralty Islands (Manus I.) Do E 4 N/A MOLLUSKS; [reserved] INSECTS; [reserved] OTHER FORMS; [reserved]

1- 32 FR 4001; March 11,1967 6—38 FR 14678; June 4,1973 2- 35 FR 16047; October 13,1970 7—39 FR 44990; December 30,1974 3- 35 FR 8491; June 2,1970 8—40 FR 29863; June 16,1975 4- 35 FR 18319; December 2,1970 0—40 FR 31734; July 28,1975 5- 37 FR 6476; March 30,1972 . 10—40 FR 44149; Sept. 25,1975 11—40 FR 44412; Sept. 26, 1975

§ 17.12 Endangered and threatened rants a review, a finding to that effect rine Fisheries Service, or a State con­ plants [Reserved] shall be published in the F ederal R eg­ servation agency, who is designated by § 17.13 Amendments to the lists. iste r . Such notice shall give all inter­ his agency for such purposes, may, when ested persons an opportunity to comment acting in the course of his official duties, (a) The lists in §§ 17.11 and 17.12 may and to submit additional data and take endangered wildlife without a per­ be revised from time to time, in accord­ information. mit if such action is necessary to: ance with the procedures specified in the Subpart C— Endangered Wildlife (i) Aid a sick, injured or orphaned Act, as additional data become available specimen; or which show, to the Director’s satisfac­ § 17.21 Prohibitions. tion, that a species should be added to or (ii) Dispose of a dead specimen; or removed from the list, or changed in (a) Except as provided in Subpart A (iii) Salvage a dead specimen which status. of this part, or under permits issued pur­ may be useful for scientific study; or (b) At any time, any interested per­ suant to § 17.22 or § 17.23, it is unlawful (iv) Remove specimens which consti­ son may petition the Director to review for any person subject to the jurisdic­ tute a demonstrable but nonimmediate the status of any species, with a view to tion of the United States to commit, to threat to human safety, provided that taking one of the actions described in attempt to commit, to solicit another to the taking is done in a humane manner; paragraph (a) of this section. Such peti­ commit or to cause to be committed, any the taking may involve killing or injuring tions must be dated and in writing, and of the acts described in paragraphs Cb) only if it has not been reasonably pos­ must be submitted to the Director (FWS/ through (f) of this section in regard to sible to eliminate such threat by live- SE). The petition must contain the fol­ any endangered wildlife. capturing and releasing the specimen lowing information: (b) Import or export. It is unlawful unharmed, in a remote area. (1) Name and address of the person to import or to export any endangered (4) Any taking pursuant to paragraphs making the request; wildlife. Any shipment in transit through (c) (2) and (3) of this section must be (2) Association, organization, or busi­ the United States is an importation and reported in writing to the United States ness, if any, represented by the person an exportation, whether or not it has Fish and Wildlife Service, Division of making the request; entered the country for customs Law Enforcement, P.O. Box 19183, Wash­ (3) Reasons why the person making purposes. ington, D.C. 20036, within 5 days. The the request, or the person he represents, (c) Take. (1) It is unlawful to take specimen may only be retained, disposed should be considered to be an “interested endangered wildlife within the United of, or salvaged in accordance with direc­ person” ; States, within the territorial sea of the tions from the Service. (4) Designation of the particular spe- United States, or upon the high seas. (d) Possession and other acts with un­ cies m question by common and scien­ The high seas shall be all waters seaward lawfully taken wildlife. ( 1 ) It is unlawful tific names; of the territorial sea of the United States, to possess, sell, deliver, carry, transport, (5) Narrative explanation of the re­ except waters officially recognized by the or ship, by any means whatsoever, any quest for review and justification for a United States as the territorial sea of endangered wildlife which was taken in hange in the status of the species in another country, under international law. violation of paragraph (c) of this section. question. (2) Notwithstanding paragraph (c) (1) Example. A person captures a whooping commercial, or other of this section, any person may take en­ crane In Texas and gives It to a. second per­ ^ o i eved to support the request; and dangered wildlife in defense of his own son, who puts it in a closed van and drives wj Signature of the person making life or the lives of others. thirty miles, to another location in Texas. the request. e (3) Notwithstanding paragraph (c) ( 1 ) The second person then gives the whooping of this section, any employee or agent crane to a third person, who is apprehended U »* substantial evi­ of the Service, any other Federal land with the bird in his possession. All three dence has been presented which war­ have violated the law—the first by illegally management agency, the National Ma­ taking the whooping crane; the second by

FEDERAL REGISTER, VOL. 40, NO . 188— FRIDAY, SEPTEMBER 26, 1975 44424 RULES AND REGULATIONS transporting an illegally taken whooping where the wildlife sought to be covered (3) Whether the permit, if issued, crane; and the third by possessing an by the permit will be used, displayed, or would in any way, directly or indirectly] illegally taken whooping crane. maintained; conflict with any known program in­ (2) Notwithstanding paragraph (d) (1) (6) If the applicant seeks to have live tended to enhance the survival proba­ of this section, Federal and State law wildlife covered by the permit, bilities of the population from which the enforcement officers may possess, deliver, (i) A complete description, including wildlife sought to be covered by the per­ carry, transport or ship any endangered photographs or diagrams, of the area mit was or would be removed; wildlife taken in violation of the Act as and facilities where such wildlife will be (4) Whether the purpose for which the necessary in performing their official housed and cared for; permit is required would be likely to re­ duties. (ii) A brief resume of the technical duce the threat of extinction facing the (e) Interstate or foreign commerce. It expertise of the persons who will care species of wildlife sought to be covered is unlawful to deliver, receive, carry, for such wildlife including any experi­ by the permit; transport, or ship in interstate or for­ ence the applicant or his personnel have (5) The opinions or views of scientists eign commerce, by any means whatso­ had in raising, caring for, and propagat­ or other persons or organizations having ever, and in the course of a commercial ing similar wildlife, or any closely related expertise concerning the wildlife or other activity, any endangered wildlife; wildlife; matters germane to the application; and (f) Sale or offer for sale. (1) It is (iii) A statement of the applicant’s (6) Whether the expertise, facilities or unlawful to sell or to offer for sale in willingness to participate in a coopera­ other resources available to the applicant .interstate or foreign commerce any en­ tive breeding program, and to maintain appear adequate to successfully accom­ dangered wildlife. or contribute data to a studbook; plish the objectives stated in the applica­ (2) An advertisement for the sale of (iv) A detailed description of the type, tion. endangered wildlife which carriers a size and construction of all containers (c) Permit conditions'. In addition to warning to the effect that no sale may into which such wildlife will be placed the general conditions set forth in Part be consummated until a permit has been during transportation or temporary stor­ 13 of this subchapter, every permit is­ obtained from the U.S. Fish and Wild­ age, if any, and of the arrangements for sued under this section shall be subject life Service shall not be considered an feeding, watering and otherwise caring to the following special conditions: offer for sale within the meaning of for such wildlife during that period; and (1) In addition to any reporting re­ this subsection. (v) For the 5 years preceding the date quirements contained in the permit itself, of this application provide a detailed the permittee shall also submit to the § 17.22 Permits for scientific purposes description of all mortalities involving Director a written report of his activities or for the enhancement of propaga­ the species covered in the application and pursuant to the permit. Such report must tion or survival. held by the applicant, if any (or any be postmarked or actually delivered no Upon receipt of a complete applica­ other wildlife of the same genus or later than 10 days after- completion of the tion, the Director may issue a permit family held by the applicant), including activity. authorizing any activity otherwise pro­ the causes of such mortalities and the (2) The death or escape of all living hibited by § 17.21, in accordance with steps taken to avoid or decrease such wildlife covered by the permit shall be the issuance criteria of this section, for mortalities. immediately reported to the Service’s scientific research or for enhancing the (7) Copies of the contracts and agree­ office designated in the permit. propagation or survival of endangered ments pursuant to which the activities (3) The carcass of any dead wildlife wildlife. (See § 17.32 for permits for sought to be authorized by the permit covered by the permit shall be stored threatened species.) will be carried out; such copies must in a manner which will preserve its use (a) Application requirements. Appli­identify all persons who will engage in as a scientific specimen. cations for permits under this section the activities sought to be authorized, (d) Duration of permits. The duration must be submitted to the Director by the and must also give the dates for such of permits issued under this section shall person who wishes to engage in the ac­ activities; and be designated on the face of the permit. tivity prohibited by § 17.21. Each appli­ (8) A full statement of the reasons cation must be submitted on an official why the applicant is justified in obtain­ § 17.23 Economic hardship permits. application form (Form 3-200) provided ing the permit, including: Upon receipt of a complete application, by the Service, and must include as an (i) The details of the activities sought the Director may issue a permit author­ attachment, all of the following infor­ to be authorized by the permit; izing any activity otherwise prohibited mation: (ii) The details of how such activities by § 17.21, in accordance with the issu­ (1) The common and scientific names will be carried out; ance criteria of this section in order to of the species sought to be covered by the (iii) The relationship of such ac­ prevent undue economic hardship. permit, as well as the number, age, and tivities to scientific objectives or to ob­ (a) Application requirements. Appli­ sex of such species, and the activity jectives enhancing the propagation or cations for permits under this section sought to be authorized (such as taking, survival of the wildlife sought to be cov­ must be submitted to the Director by exporting, selling in interstate commerce, ered by the permit; and the person allegedly suffering undue eco­ etc.); (iv) The planned disposition of such nomic hardship because his desired ac­ (2) A statement as to whether, at the wildlife upon termination of the activi­ tivity is prohibited by § 17.21. Each ap­ time of application, the wildlife sought ties sought to be authorized. plication must be submitted on an official to be covered by the permit (i) is still in (b) Issuance criteria. Upon receivingapplication form (Form 3-200) provided the wild, (ii) has already been removed an application completed in accordance by the Service, and must include, as an from the wild, or (iii) was bom in with paragraph (a) of this section, the attachment, all of the information re­ captivity; Director will decide whether or not a quired in § 17.22 plus the following addi­ (3) A resume of the applicant’s at­ permit should be issued. In making his tional information: tempts to obtain the wildlife sought to decision, the Director shall consider, in (1) The possible legal, economic or be covered by the permit in a manner addition to the general criteria in § 13.21 subsistence alternatives to the activity which would not cause the death or re­ (b) of this subchapter, the following sought to be authorized by the permit; moval from the wild of such wildlife; factors: (2) A full statement, accompanied by (4) I f the wildlife sought to be covered (1) Whether the purpose for which copies of all relevant contracts and cor­ by the permit has already been removed the permit is required is adequate to respondence, showing the applicant’s in­ from the wild, the country and place justify removing from the wild or other­ volvement with the wildlife sought to be where such removal occurred; if the wise changing the status of the wildlife covered by the permit (as well as his in­ wildlife sought to be covered by the per­ sought to be covered by the permit; volvement with similar wildlife), includ­ mit was raised in captivity, the country (2) The probable direct and indirect ing, where applicable, that portion of ap­ and place where such wildlife was bom; effect which issuing the permit would plicant’s income derived from the taking (5) A complete description and ad­ have on the wild populations of the wild­ of such wildlife, or the subsistence use of dress of the institution or other facility life sought to be covered by the permit; such wildlife, during the calendar year

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 RULES AND REGULATIONS 44425 immediately preceding either the notice under this section shall be subject to the ice, and must include, as an attachment, in the F ederal R egister of review of the following special conditions: as much of the following information status of the species or of the proposal (1) In addition to any reporting re­ which relates to the purpose fc»* which to list such wildlife as endangered, quirements contained in the permit it­ the applicant is requesting a permit: whichever is earliest; self, the permittee shall also submit to (1) The common and scientific names (3) Where applicable, proof of a con­the Director a written report of his ac­ of the species sought to be covered by the tract or other binding legal obligation tivities pursuant to the permit. Such permit, as well as the number, age, and which: report must be postmarked or actually sex of such species, and the activity (i) Deals specifically with the wildlife delivered no later than 10 days after sought to be authorized (such as taking, sought to be covered by the permit; completion of the activity. exporting, selling in interstate commerce, (ii) Became binding prior to the date (2) The death or escape of all living etc.); when the notice of a review of the status wildlife covered by the permit shall be (2) A statement as to whether, at the of the species or the notice of proposed immediately reported to the Service’s time of application, the wildlife sought rulemaking proposing to list such wild­ office designated in the permit. to be covered by the permit (i) is still in life as endangered was published in the (d) Duration of permits issued underthe wild, (ii) has already been removed Federal R egister, whichever is earlier; this section shall be designated on the from the wild, or (iii) was bom in and face of the permit. No permit issued un­ captivity; (iii) Will cause monetary loss of a der this section, however, shall be valid (3) A resume of the applicant’s at­ given dollar amount if the permit sought for more than one year from the date a tempts to obtain the wildlife sought to under this section is not granted. notice is published in the F ederal R egis­ be covered by the permit in a manner (b) Issuance criteria. Upon receivingter to review status of such wildlife, or which would not cause the death or re­ an application completed in accordance to list such wildlife as endangered, moval from the wild of such wildlife; with paragraph (a) of this section, the whichever/is earlier. (4) I f the wildlife sought to be covered Director will decide whether or not a Subpart D— Threatened Wildlife by the permit has already been removed permit should be issued under any of the from the wild, the countrfy and place three categories of economic hardship, § 17.31 Prohibitions. where such removal occurred; if the as defined in section 10(b) (2) of the Act. (a) Except as provided in Subpart A of wildlife sought to be covered by the per­ In making his decisions, the Director this Part, or in a permit issued under this mit was raised in captivity, the country shall consider, in addition to the general Subpart, all of the provisions in § 17.21 and place where such wildlife was bom; criteria in § 13.21(b) of this subchapter, shall apply to threatened wildlife. (5) A complete description and ad­ the following factors: (b) In addition to any other provisions dress of the institution or other facility (1) Whether the purpose for which of this Part 17, any employee or agent of where the wildlife sought to be covered the permit is being requested is ade­ the Service, of the National Marine Fish­ by the permit will be used, displayed, or quate to justify removing from the wild eries Service, or of a State conservation maintained; or otherwise changing the status of the agency which is operating under a Co­ (6) If the applicant seeks to have live wildlife sought to be covered by the per­ operative Agreement with the Service or wildlife covered by the permit, mit; with the National Marine Fisheries Serv­ (i) A complete description, including (2) The probable direct and indirect ice, in accordance with section 6(c) of the photographs or diagrams, of the area effect which issuing the permit would Act, who is designated by his agency for and facilities where such wildlife will be have on the wild populations of the wild­ such purposes, may, when acting in the housed and cared for; life sought to be covered by the permit; course of his official duties, take any (ii) A brief resume of the technical (3) The economic, legal, subsistence, threatened wildlife to carry out scientific expertise of the persons who will care or other alternatives or relief available research or conservation programs. for such wildlife including any experi­ to the applicant; (c) Whenever a special rule in §§ 17.40 ence the applicant or his personnel have (4) The amount of evidence that the to 17.48 applies to a threatened species, had in raising, caring for, and propagat­ applicant was in fact party to a contract none of the provisions of paragraphs (a) ing similar wildlife, or any closely related or other binding legal obligation which; and (b) of this section will apply. The wildlife; . (i) Deals specifically with the wildlife special rule will contain all the applicable (iii) A statement of the applicant’s sought to be covered by the permit; and prohibitions and exceptions. willingness to participate in a coopera­ (ii) Became binding prior to the date tive breeding program, and to maintain when the notice of proposed rulemaking § 17.32 Permits— general. or contribute data to a studbook; proposing to list such wildlife as endan­ Upon receipt of a complete application (iv) A detailed description of the type, gered was published in the F ederal R eg­ the Director may issue a permit for any size and construction of all containers ister. 'V'-'' activity otherwise prohibited with regard into which such wildlife will be placed (5) The severity of economic hardshi to threatened wildlife. Such permit shall during transportation or temporary stor­ which the contract or other binding leg! be governed by the provisions of this age, if any, and of the arrangements for obligation referred to in paragraph (fc section unless a special rule applicable to feeding, watering and otherwise caring (4) of this section would cause if the pei the wildlife, appearing in §§ 17.40 to for such wildlife during that period; and mit were denied; 17.48, below, provides otherwise. Permits (v) For the 5 years preceding the date (6) Where applicable, the portion < issued under this section must be for one of this application provide a detailed the applicant’s income which would t of the following purposes: scientific pur­ description of all mortalities involving iost if the permit were denied, and tl poses, or the enhancement of propaga­ the species covered in the application (or relationship of that portion to the ba tion or survival; or economic hardship; any other wildlife of the same genus or ance of his income; or zoological exhibition; or educational family held by the applicant), including (7) Where applicable, the nature a: purposes; or management by State con­ the causes of such mortalities and the extent of subsistence taking general servation agencies; or special purposes steps taken to avoid or decrease such by the applicant; and consistent with the purposes of the Act. mortalities. (8) The likelihood that applicant c Such permits may authorize a single (7) Copies of the contracts and agree­ reasonably carry out his desired activi transaction, a series of transactions, or ments pursuant to which the activities JSS“ * 0®6 year the date a notice activities over a specific period of time. sought to be authorized by the permit Published in the F ederal R egister to i (a) Application requirements. Appli­will be carried out; such copies must ° f such wildlife, or to list su cations for permits under this section identify all persons who will engage in vuidlife as endangered, whichever must be submitted to the Director by the the activities sought to be authorized, earner. person who wishes to engage in the pro­ and must also give the dates for such (c) Permit conditions. In addition hibited activity. Each application must activities; and (8) A full statement of the reasons ^ J fo e r a l conditions set forth In Pi be submitted on an official application oi this subchapter, every permit issu why the applicant is justified in obtain­ form (Form 3-200) provided by the Serv­ ing the permit, including:

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44426 RULES AND REGULATIONS

(i) The details of the activities sought § 17.33 Permits-—captive, self-sustain­ (6) For the 5 years preceding the date to be authorized by the permit; ing populations. of this application provide a detailed (ii) The details of how such activities Upon receipt of a complete applica­ description of all mortalities involving will be carried out; tion, the Director may issue a permit au­ the species covered in the application (iii) The relationship of such ac­ thorizing delivery, receipt, carriage, and held by the applicant (or any other tivities to scientific objectives or to ob­ transportation or shipment in interstate wildlife of the same genus or family), jectives enhancing the propagation or commerce, in the course of a commercial including the causes of such mortalities survival of the wildlife sought to be cov­ activity, or sale or offer for sale in inter­ and the steps taken to avoid or decrease ered by the permit; and state commerce, of specimens of a cap­ such mortalities. (iv) The planned disposition of such tive, self-sustaining population (see (7) A full statement of the reasons wildlife upon termination of the activi­ § 17.7). Such species are listed in § 17.11 why the applicant is justified in obtain­ ties sought to be authorized. with the notation “T (C/P) ” in the “cur­ ing the permit, including: (b) Issuance criteria. Upon receiving rent status” column. Such permits may (i) The details of the activities sought an application completed in accordance authorize all of the above activities re­ to be authorized by the permit; with paragraph (a) of this section, the lating to interstate commerce during (ii) The planned disposition of such Director will decide whether or not a the duration of the permit. These per­ wildlife upon termination of the activi­ permit should be issued. In making his mits will not be issued for importation ties sought to be authorized. decision, the Director shall consider, in and exportation. (b) Issuance criteria. Upon receiving addition to the general criteria in § 13.21 an application completed in accordance (b) of this subchapter, the following Example: A breeder of exotic endangered with paragraph (a) of this section, the pheasants wants to buy and sell captive- Director will decide whether or not a factors: reared endangered birds for the purpose of (1) Whether the purpose for which propagation. The species he has have aU been permit should be issued. In making his the permit is required is adequate to determined to have captive, self-sustaining decision the Director shall consider, in justify removing from the wild or other­ populations pursuant to § 17.7, and such cap­ addition to the general criteria in § 13.21 wise changing the status of the wildlife tive populations have been listed as threat­ (b) of this- subchapter, the following sought to be covered by the permit; ened IT (C/P) ]. He now may apply for a per­ factors: (2) The probable direct and indirect mit to authorize the interstate sale under (1) Whether the proposed use of the this § 17.33. I f his permit is issued, and is effect which issuing the permit would wildlife would probably result, directly valid for 2 years, it would coyer all transac­ or indirectly, in the death, injury or re­ have on the wild populations of the wild­ tions of the type for which it was issued (such life sought to be covered by the permit; as sales in interstate commerce) for that pe­ duction of the reproductive ability of the (3) Whether the permit, if issued, riod. A separate permit and application fee is wildlife; would in any way, directly or indirectly, not required for each transaction. Individual (2) Whether the ability of the captive conflict with any known program in­ transactions are accounted for by the re­ population in question to sustain itself tended to enhance- the survival proba­ porting and recordkeeping requirements in will be substantially impaired by the pro­ bilities of the population from which the the regulations, and those specified on the posed activities; face of the permit. At the end of the 2-year (3) Whether the expertise, facilities wildlife sought to be covered by the per­ period, the permit may be renewed by fol­ mit was or would be removed; lowing the renewal procedures in Part 13 or other resources available to the ap­ (4) Whether the purpose for which the (General Permit Procedures), § 13.24 (Re­ plicant appear adequate to accomplish permit is required would be likely to re­ newal) . the objectives stated in the application; duce the threat of extinction facing the (4) Whether the applicant has a (a) Application requirements. Appli­recordkeeping system adequate to insure species of wildlife sought to be covered cations for permits under this section by the permit; that wildlife obtained under the permit shall be submitted to the Director by the can be distinguished from wildlife ob­ (5) The opinions or views of scientists intended recipient of the wildlife. Each or other persons or organizations having tained from the wild or otherwise; such application must be submitted on (5) Whether the purpose for which expertise concerning the wildlife or other an official application form (Form 3-200) matters germane to the application; and the permit is sought would establish, provided by the Service, and must in ­ complement or otherwise enhance the (6) Whether the expertise, facilities or clude. as an attachment, the following other resources available to the applicant status of the species in captivity; and information: (6) Such other factors as he deems appear adequate to successfully accom­ (1) The common and scientific names plish the objectives stated in the applica­ relevant. of the species sought to be covered by (c) Permit conditions. In addition to tion. the permit, and the activity sought to be (c) Permit conditions. In addition to the general conditions set forth in Part authorized (such as selling in interstate 13 of this subchapter, every permit is­ the general conditions set forth in Part commerce); 13 of this subchapter, every permit is­ sued under this section shall, unless (2) A complete description, including otherwise authorized on the face of the sued under this section shall be subject photographs or diagrams, of the area and to the following special conditions: permit, be subject to the condition that facilities where such wildlife will be the permittee may not transfer any wild­ (1) In addition to any reporting re­ housed and cared for; quirements contained in the permit itself, life held or obtained under the permit (3) A brief resume of the technical except jto another holder of a permit is­ the permittee shall also submit to the expertise of the persons who will care Director a written report of his activities sued under this section. for such wildlife, including any experi­ (d) Duration of permits. The duration pursuant to the permit. Such report must ence the applicant or his personnel have be postmarked or actually delivered no had in raising, caring for, and propa­ of permits issued under this section shall later than 10 days after completion of the gating similar wildlife, or any closely be designated on the face of the permit. activity. related wildlife; § 17.34 Permits. [Reserved] (2) The death or escape of all living (4) A statement of the applicant’s wildlife covered by the permit shall be willingness to participate in a coopera­ § 17.35 Permits. [Reserved] immediately reported to the. Service’s tive breeding program, and to maintain § 17.36 Permits. [Reserved] office designated on the permit. or contribute data on a studbook; and § 17.37 Permits. [Reserved] (3) The carcass of any dead wildlife (5) A detailed description of the type, covered by the permit shall be stored size and construction of all containers § 17.38 Permits. [Reserved] in a manner which will preserve its use as into which such wildlife will be placed § 17.39 Permits. [Reserved] a scientific specimen. during transportation or temporary (d) Duration of permits. The duration storage, if any, and of the arrangements § 17.40 Special ruleà——inamm-als. of permits issued under this section shall for feeding, watering and otherwise car­ (a) Kangaroo; Eastern Gray (Macro­ be designated on the face of the permit. ing for such wildlife during that period; pus giganteas), Red (Megalia rufa), and

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 RULES AND REGULATIONS 44427

Western Gray (Macropus fuliginosus) — ment, P.O. Box 19183, Washington, D.C. (iii) Import or export. (A ) Except as (1) Prohibitions. The following prohibi­ 20036, and to appropriate State officials, provided in this paragraph (b) (1) (iii) tions apply to the Eastern Gray, Red and within 5 days after it occurs. (A ), below, no person shall import any Western Gray kangaroos: (C) Removal of nuisance bears. A grizzly bear into the United States. (1) Import. (A) Except as permitted grizzly bear constituting a demonstrable il) Federal or State scientific or re­ in paragraph (a) (1) (i) (B) below, or in but non-immediate threat to human search activities. Federal or State em­ paragraph (a) (2) of this section, it shall safety, or committing significant depre­ ployees may import grizzly bears into be unlawful to import any such wildlife dations to lawfully present livestock, the United States for scientific or re­ for commercial purposes. may be taken, but only i f : _ search purposes. (B) Upon receiving from the Austra­ - (1) it has not been reasonably possi­ (2) Public zoological institutions. lian Government a certificate that (1) ble to eliminate such threat or depreda­ Public zoological institutions (see 50 a particular Australian State has de­ tion by live-capturing and releasing un­ CFR 10.12) may import grizzly bears veloped an effective sustained-yieid pro­ harmed in a remote area the grizzly bear into the United States. gram for such wildlife, and (2) the tak­ involved; and (B) Except for publié zoological in­ ing of such wildlife in that State will (2) the taking is done iii a humane stitutions (see 50 CFR 10.12), no,person not be detrimental to the survival of the manner by authorized Federal or State shall, in the course of a commercial ac­ species or subspecies of which such wild­ employees; and tivity, export any grizzly bear from the life is a part, the Director may, consist­ (3) the taking is reported in writing United States. ent with the purposes of the act, permit to the United States Fish and Wildlife (iv) Commercial transactions. (A) Ex­ by publication of a notice in the F ederal Service, Division of Law Enforcement, cept for public zoological institutions (see Register the commercial importation of P.O. Box 19183, Washington, D.C. 20036, 50 CFR 10.12), no person shall, in the any such wildlife originating from that and to appropriate State officials, within course of a commercial activity, deliver, State, upon proof that such wildlife is _ 5 days after it occurs. receive, carry, transport, or ship in inter­ lawfully taken and exported from that (D) Federal or State scientific or re­ state or foreign commerce any grizzly State: Provided, That if the Director de­ search activities. Federal or State em­ bear. termines from all the evidence that a ployees may pursue, capture, or collect (B) Except for public zoological in­ previously certified Australian State no grizzly bears for scientific or research stitutions (see 50 CFR 10.12) dealing longer maintains an effective sustained purposes. with other public zoological institutions, yield program for such wildlife, he may (E) Northwestern Montana. If it is not no person shall sell or offer for sale in 1 (ii) Unlawfully imported kangaroos. contrary to the laws and regulations of interstate or foreign commerce any It shall be unlawful, in the course of a the State of Montana, a person may grizzly bear. commercial activity, to deliver, receive, hunt grizzly bears in the Flathead Na­ (v) Other violations. No person shall carry, transport, or ship in interstate or tional Forest, the Bob Marshall Wilder­ attempt to commit, cause to be com­ foreign commerce any such wildlife im­ ness Area, and the Mission Mountains mitted, or solicit another to commit any ported unlawfully. Primitive Area of Montana: Provided, act prohibited by paragraph (a) (4) (ii) (iii) Commercial transactions. It shah That if in any year in question, 25 grizzly of this section. be unlawful to sell or offer for sale in bears have already been killed for what­ (2) Definitions. As used in paragraph interstate or foreign commerce any such ever reason in that part of Montana, in­ (b) of this section the term “ grizzly wildlife imported unlawfully. cluding the Bob Marshall Wilderness bear” means any member of the species, (2) Permits. The following permits are Area and the Mission Mountains Primi­ Ursus arctos horribilis of the 48 conter­ available for the Eastern Gray, Red and tive Area, which is bounded on the north minous states of the United States, in­ Western Gray .kangaroos: by the United States-Canadian Border, cluding any part, offspring, dead body, (i) Economic hardship. (A) The Di­ on the east by U.S. Highway 91, on the part of a dead body, or product of such rector may grant permits for the impor­ south by U.S. Highway 12, and on the species. tation of such wildlife to prevent eco­ west by Montana-Idaho State line, the nomic hardship. The provisions of § 17.- Director shall post and publish a notice § 17.41 Special rules— birds. [Reserved] 23 (with the exception of §§ 17.23(b) (4), prohibiting such hunting, and any such § 17.42 Special rules— reptiles. 17.23(b)(8), and 17.23(d)), shall apply hunting for the remainder of that year (a) American alligator (Alligator mis- to the issuance of such permits. In addi­ shall be unlawful: Provided further, That sissippiensis').— (1) Prohibitions. The tion, the requirements of section 10(b) any taking of a grizzly bear, for what­ following prohibitions apply to the Amer­ of the Endangered Species Act of 1973 ever reason, in the above-described por­ ican alligator. (16 U.S.C. 1539(b)) regarding hardship tion of Montana shall be reported in (i) Taking. Except as provided in this exemptions for endangered species shall writing to the United States Fish and paragraph (a) (1) (i) of this section, no apply to applications for hardship ex­ Wildlife Service, Division of Law En­ person may take American alligators. emptions under this section as if such forcement, P.O. Box 19183, Washington, (A) Any person may take American wildlife were classified “endangered:” D.C. 20036, and to the Montana Depart­ alligators in defense of his own life or and the applicant for an exemption ment of Fish and Game, within 5 days the lives of others. under this section must submit all in­ after the taking occurs; and except that (B) Any employee or agent of the Serv­ formation required by section 10 (b ). any taking on an Indian reservation ice, any other Federal land management (B) The duration of any economic within the above-described area shall be agency, or a State conservation agency, hardship permit issued for such wildlife so reported only to the United States Fish who is designated by his agency for such under this provision, will be limited by and Wildlife Service, Division of Law En­ purposes, may, when acting in the course section 10(b) of the Endangered Species forcement, P.O. Box 19183, Washington, of his official duties, take American alli­ Act of 1973 as if those species were listed D.C. 20036. gators without a permit if such action is as “endangered” under the act. (F) National Parks. The regulations necessary to: (b) Grizzly bear (Ursus arctos horri- of the National Park Service shall ( 1) Aid a sick, injured or orphaned bilis)— (i) Prohibitions. The following govern all taking of grizzly bears in Na­ specimen; or prohibtions apply to the grizzly bear: tional Parks. (2) Dispose of a dead specimen; or (i) Taking. (A) Except as provided in (ii) Unlawfvly taken grizzly bears. (A) (3) Salvage a dead specimen which Pfasraphs (b )(1 ) (i) (B) through (F ), Except as provided in paragraph (b) may be useful for scientific study; or of this section no person shall take any (1) (ii) (B) of this section, no person (4) Remove specimens which consti­ grizzly bear in the 48 conterminous states shall possess, deliver, carry, transport, tute a demonstrable but non-immediate of the United States. ship, export, or sell grizzly bear taken un­ P rizzly bears may be taken in lawfully. threat to human safety. The taking must sen-defense, or in defense of others, but (B) Federal or State employees may be done in a humane manner, and may any such taking shall be reported in writ­ for scientific or research purposes pos­ involve killing or injuring only if it has ing to the United States Fish and Wild­ sess, deliver, carry, transport, ship, or ex­ not been reasonably possible to elimi­ life Service, Division of Law Enforce- port unlawfully taken grizzly bears. nate such threat by live-capturing and

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44428 RULES AND REGULATIONS releasing the specimen unharmed, in a Louisiana prior to December 28, 1973, system of inventory control and book­ remote area. may be sold or offered for sale in inter­ keeping capable of insuring accurate ac­ (C) Any taking pursuant to para­ state (not foreign) commerce if the Di­ counting for all American alligator hides graphs ( a ) ( l ) ( i ) ( A ) and (B) of-this rector of the State wildlife conservation and tags dealt with; section must be reported in writing to agency certifies to the Director that all (4) A statement detailing any convic­ the United States Fish and Wildlife such hides were lawfully obtained and tions or civil penalties under State or Service, Division of Law Enforcement, can be identified; and such hides are Federal laws for taking or trafficking in P.O. Box 19183, Washington, D.C. 20036, sold, offered for-sale, delivered, carried, wildlife within the previous five years within 5 days. The specimen may only transported, or shipped only to a person for the ‘applicant, or any shareholder, be retained, disposed of, or salvaged in holding a valid Federal license, issued partner, director, officer, principle, em­ accordance with directions from the under this subsection, as a buyer of ployee or agent. Service. hides. (B) Issuance criteria. Upon receiving (D) Any employee or agent of the (2) Definitions. For the purposes of an application completed in accordance Service or of a State conservation this paragraph (a) - with paragraph (a) (3) (iii) (A) of this agency which is operating under a Co­ (i) “Buyer” shall mean a person en­ section, the Director will decide whether operative Agreement with the Service or gaged in the business of buying and sell­ or not a license for one or more of the with the National Marine Fisheries ing hides of American alligators in the three categories in paragraph (a)(2) Service, in accordance with section 6(c) wholesale market. A buyer 'may also be should be issued. In making his decision, of the Act, who is designated by his a tanner and a fabricator; the Director "shall consider, in addition agency for such purposes, may, when (ii) “Tanner” shall mean a person en­ to the general criteria in § 13.21(b) of acting in the course of his official duties, gaged in the business of processing this subchapter, the applicant’s reliabil­ take American alligators to carry out green, untanned hides of American al­ ity and apparent ability and willingness scientific research or conservation pro­ ligators into leather. A tanner may also to maintain accurate inventory and grams. be a buyer and a fabricator; bookkeeping records of all American (E) Any person may take American (iii) “ Fabricator” shall mean a person alligator hides and State tags dealt with. alligators in Cameron, Vermillion and engaged in the business of manufactur­ (c) Special conditions. In addition to Calcasieu parishes in accordance with ing products from American alligator the general conditions set forth in Part the laws and regulations of the State of leather. A fabricator may also be a buyer 13 of the subchapter, licenses issued un­ Louisiana, including that State’s mark­ and a tanner. der this provision shall be subject to ing and tagging requirements: Provided, (iv) “American alligator”' shall mean the following special conditions: That the hides of such alligators are any member of the species Alligator mis- (1) Licensees may not buy, tan or only sold or offered for sale to a person sissippiensis which is designated as fabricate any American alligator hide ex­ holding a valid Federal license, issued threatened in § 17.11, and any part, off­ cept one which was taken, sold, offered under this subsection, as a buyer of spring, dead body, part of a dead body for sale, delivered, carried, transported hides; and that the meat and other parts or product of such species. or shipped in accordance with paragraph (3) Permits and licenses, (i) All per­ are not sold or offered for sale. ( a ) ( l ) ( i ) of this section; mits available under § 17.32 (General (F) When American alligators are (2) A buyer must leave all tags and permits—threatened wildlife) are avail­ taken by Service or State officials in ac­ shipping labels on the hides, unless the able in relation to threatened American cordance with paragraph (a) (1) (i) (D) shipments are broken apart, in which alligators. All the terms and provisions of case the shipping tags or labels must be of this sections the hides may be sold § 17.32 apply to such permits issued under by State or Federal officials: removed, recorded, and returned to the Provided, the authority of this paragraph (a )(3 ) That the hides have first been tagged issuer; (1) . (3) If a buyer has broken apart orig­ by the State of origin with a non- (ii) This paragraph (a) (3) of this sec­ Corrosable numbered tag inserted no inal shipments and removed the ship­ tion applies instead of the permits avail­ ping tags or labels as provided in (a) (3) more than six inches from the tip of the able under § 17.52 (similarity of appear­ tail; the tag number and a description (iii) (c) (2) of this section, he must affix ance) . Therefore, permits issued under a shipping tag or label to the outside of of the hide, including its length and the § 17.52 are not available in relation to date and place of taking are recorded; each new shipment of hides, showing the threatened American alligators. name and address of the consignor and and a shipping tag or label is affixed to (iii) Upon receipt of a complete ap­ the outside of any packages showing the consignee, identifying the contents of the plication, the Director may issue a li­ shipment as American alligator hides, name and address of the consignor and cense, in accordance with the issuance consignee, identifying the contents as and showing the number of hides in the criteria of this paragraph (a) (3) (iii), fdr shipment; alligator hides, and showing the num­ each of the categories defined in para­ ber of hides in the package: Provided (4) A tanner must leave all tags on graph (a) (2) of this section. the hides, but must collect, record, and further, That such hides may be sold (A) Application requirements. Appli­ only to a person holding a valid Federal return to the issuer all shipping tags; cations for licenses under this subpara­ (5) A fabricator must remove, record, license, issued under this subsection, as graph must be submitted to the Director a buyer of hides; and that the meat and and return to the issuer all tags; by the person who wishes to engage in (6) Every licensee must maintain com­ other parts are not sold or offered for the activities described in paragraph (a) sale. plete and accurate records of all Ameri­ (2) of this section (buyer, tanner, or can alligator hides including all State (ii) Unlawfully taken alligators. No fabricator). Each application must be person may possess, sell, deliver, carry, tags, and the stub of the verification submitted on an official application form tag; capacity. transport, or ship, by any means what­ (Form. 3-200) provided by the Service, soever, American alligators taken unlaw­ (7) Fabricators shall in addition and must include, as an attachment, all maintain complete and accurate records fully. of the following information: (iii) Import or export. No person may showing the relationships of American (1) The category (buyer and/or tanner alligator hides processed to finished import or export any American alligator. and/or fabricator) for which the license (iv) Commercial transactions. Except American alligator products; is desired; (3) Fabricators must affix, under the as otherwise provided in this subsection (2) A description of the applicant’s or as may be authorized by a permit is­ supervision of the Service, a m ark pro­ business organization, including; a de­ vided by the Service to each product sued under authority of § 17.32, no per­ scription of the physical plant; the son my deliver, receive, carry, transport, made of American alligator hides. method of operation of the business; ex­ ; (4) Manufactured products of Ameri­ ship, sell, or offer to sell in interstate or perience, if any, over the previous five' foreign commerce, by any means what­ can alligators which have been marked years; all shareholders, partners, direc­ by a licensed fabricator in accordance soever, and in the course of a commercial tors, officers or other parties in interest activity, any American alligator: Pro­ in the business organization; with paragraph (a) (3) (iii) (C) ($) may vided, That the hides of American alliga­ (3) A description, including samples, be transported, shipped, delivered, car­ tors lawfully obtained from the State of of the applicant’s present or proposed ried or received in interstate commerce

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 RULES AND REGULATIONS 44429

in the course of a commercial activity, § 17.45 Special, rules— mollusks. [R e­ tinguishing the species in question from and may -be sold or offered for sale in served] an endangered or threatened species interstate commerce. § 17.46 Special rules— crustaceans. [R e­ especially where: ~(i) The distinction be­ (5) No person shall, except as au­ served] tween the endangered or threatened spe­ thorized pursuant to paragraph (a) cies and other species is based upon geo­ duplicate or apply any mark used to § 17.47 Special rules— insects. [R e­ graphical boundaries; (ii) the normal served] identify products of American alligator morphological or other differentiating hides produced by a fabricator licensed § 17.48 Special rules— other forms. [R e­ characteristics of the species are minute, under this section. served] or can be easily masked, or would not be § 17.43 , Special rules— amphibians. [R e­ Subpart E— Similarity of Appearance apparent when products are processed. served] (2) The additional threat posed to the § 17.50 General. endangered or threatened species by the § 17.44 Special rules— fishes. (a) Whenever the Director determines loss of control occasioned because of the (a) Lahontan cutthroat trout, Paiute that a species which is not endangered similarity of appearance; and cutthroat trout, and Arizona trout (Sal- or threatened closely resembles an en­ (3) The amount of control over trans­ mo clarki henshawi, Salmo clarki dangered or threatened species, such spfe- actions involving endangered or threat­ seleniris, and Salmo apache). cies shall be treated as either endan­ ened species to be gained either by: (i) (1) All the provisions of § 17.31 apply gered or threatened, pursuant to sec­ Imposing the same prohibitions on the to these species, except that they may tion 4(e) of the Act. Such species species which is similar, as apply to the be taken in accordance with applicable shall appear in the list in § 17.11 endangered or threatened species, or (ii) State law. with the notation “ S/A” in the “status” providing, where the species is treated as column, following either a letter “E” or threatened, special rules in Subpart D (2) Violation of State law will also be .a letter “ T ” to indicate whether the a violation of the Act. of this part to distinguish the similar species is being treated as endangered species from the endangered or threat­ (b) ^ Bayou darter (Etheostoma or threatened. rubrum) . - >" (b) In determining whether to treat a ened species. (1) All the provisions of § 17.31 apply species as endangered or threatened due Example 1. The ABC sparrow is endangered wildlife. The ABD sparrow is a subspecies to this species, except that they may be to similarity of appearance, thé Direc­ tor shall consider the following factors that is so similar to the ABC sparrow that taken in accordance with applicable in addition to the criteria in section 4(e) when found outside their normal habitat, State law. the two cannot readily be distinguished by of the Act: law enforcement personnel. The ABD spar­ (2) Any violation of State law will (1) The degree of difficulty which lawrow is listed in § 17.11, after following thé also be a violation of the Act. enforcement personnel would have in dis­ proper procedures as follows :

SPECIESBANGE W h e n S p e c ia l Status Listed B u ie s Common Name Scientific Nam e Population Known Distribution Portion of Bange Where Endangered or Threatened

A B C sparrow A B C u s N/A North America Entire E 7 N/A ABD sparrow A B D u s n /a North America N/A E (S / A ) 7 N / A

Example 2. Suppose the ABC sparrow is listed as endangered “species”, even though it is identical, except in location, to the in only a portion of its range. Within the meaning of the Act, the listed “species.” I f the criteria of this section were met, the two ABC sparrow as defined by geographic boundaries is a “species.” The “species” could be listed as follows: ABC sparrow which occurs beyond, those boundaries is a different

SPECIESBANGE When Special Status Listed Buies Common Name Scientific Name Population Known. Distribution Portion of Bange Where Endangered or Threatened

ABC sparrow A B C u s Id a h o Idaho Entire E 7 N / A Do do N/A X U.S. _ - N/A E(S/A) 7 N/A

§ 17.51 Treatment as endangered qr must be submitted to the Director by the (b) of this subchapter, the following threatened. person who wishes to engage in the ac­ factors : (a) Any species listed in § 17.11, pur­ tivity with'the similar species. Each ap­ (1) Whether the information sub­ suant to § 17.50, shall be treated as en­ plication must be submitted on an official mitted by tjie applicant appears reliable : dangered or threatened, as indicated in application form (Form 3-200) provided (2) Whether the information sub­ the “status” column. by the Service, and must include, as an mitted by the applicant adequately iden­ (b) All of the provisions of Subparts attachment, all of the following infor­ tifies the wildlife in question so as to C (Endangered Wildlife) and D (Threat­ mation: Documentary evidence, sworn distinguish it from any endangered or ened Wildlife) shall apply to any such affidavits, or other information to show threatened wildlife. species of wildlife; as appropriate. species identification and the origin of (c) Permit conditions. In addition to the wildlife (or if bom in captivity, the the general conditions set forth in Part § 17.52 Permits— similarity of appear­ place where bom) of the wildlife in ques­ 13 of this subchapter, every permit is­ ance. tion. This information may be in the sued under this section shall be subject Upon receipt of a complete applica­ form of hunting licenses, hide seals, of­ to the following special conditions: tion, and unless otherwise indicated in a ficial stamps, export documents, expert (1) If indicated in the permit, a special special rule, the Director may issue per- opinion, bills of sale, or other appropriate mark, to be specified in the permit, must pffis for any activity otherwise pro­ information. be applied to the wildlife, and remain for hibited with a species designated as en­ (b) Issuance criteria. Upon receivingthe time designated in the permit; dangered or threatened due to its sim- an application completed in accordance (2) A copy of the permit must accom­ uanty of appearance with an endangered with paragraph (a) of this section, the pany the wildlife at all times. or threatened species (see Subpart E— Director will decide whether or not a (d) Duration of permits. The duration Similarity of appearance). permit should be issued. In making his of permits issued under this section shall (a) Application requirements. Appli­decision, the Director shall consider, in be designated on the face of the permit. cations for permits under this section addition to the general criteria, in § 13.21 [FR Doc.75-25480 Filed 9-25-75;8:45 am]

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 V; FRIDAY, SEPTEMBER 26, 1975

PART III:

DEPARTMENT OF LABOR

Employment Standards Administration

MINIMUM WAGES FOR FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION

General W age Determination Decisions 44432 N014Ç££

DEPARTMENT OF LABOR fications issued subsequent to its publica­ Office of Special Wage Standards, Divi­ tion date shall be made a part of every sion of Wage Determinations, Washing­ Employment Standards contract for performance of the de­ ton, D.C. 20210. The cause for not utiliz­ Administration scribed work within the geographic area ing the rule-making procedures pre­ MINIMUM WAGES FOR FEDERAL AND indicated as required by an applicable scribed in 5 U.S.C. 553 has been set forth FEDERALLY ASSISTED CONSTRUCTION Federal prevailing wage law and 29 CFR, in the original General Wage Determi­ Part 5. The wage rates contained therein nation Decision. General Wage Determination Decisions shall be the minimum paid under such N e w G eneral W age D etermination General Wage Determination Deci­ contract by contractors and subcontrac­ D ecision sions of the Secretary of Labor specify, in tors on the work. accordance with applicable law and on New Jersey------— NJ75-3098 M odifications and Supersedeas D e c i­ the basis of information available to the sio ns to G eneral W age D etermination M odifications to G eneral W age Department of Labor from its study of D etermination D ecisions local wage conditions and from other D ecisions sources, the basic hourly wage rates and Modifications and Supersedeas Deci­ The numbers of the decisions being fringe benefit payments which are de­ sions to General Wage Determination modified and their dates of publication termined to be prevailing for the de­ Decisions are based upon information ob­ in the F ederal R egister are listed with scribed classes of laborers and mechanics tained concerning changes in prevailing each State. employed in construction activity of the hourly wage rates and fringe benefit pay­ California: character and in the localities specified ments since the decisions were issued. CA75-5085; CA75-5086____ July 25,1975. therein. The determinations of prevailing rates Hawaii: and fringe benefits made in the Modifica­ HI75-5098 —...... Aug. 1, 1975. The determinations in these decisions Indiana: of such prevailing rates and fringe bene­ tions and Supersedeas Decisions have IN75—2088 ______June 27, 1975. fits have been made by authority of the been made by authority of the Secretary IN75-2089 ____— ------v July 3, 1975. Secretary of Labor pursuant to the provi­ of Labor pursuant to the provisions of the Missouri: sions of the Davis-Bacon Act of March Davis-Bacon Act of March 3, 1931, as M075-4144; M075-5145— Aug. 1, 1975. 3, 1931, as amended (46 Stat. 1494, as amended (46 Stat. 1494, as amended, 40 New Jersey: amended, 40 U.S.C. 276a) and of other U.S.C. 276a) and of other Federal stat­ NJ75-3049 ______- June 20, 1975. Federal statutes referred to in 29 CFR 1.1 utes referred to in 29 CFR 1.1 (including NJ75-3050 ______July 11, 1975. Ohio: (including the statutes listed at 36 FR the statutes listed at 36 FR 306 follow­ AR-3047 ------Aug. 23, 1974. 306 following Secretary of Labor’s Order ing Secretary of Labor’s Order No. 24- Oregon: No. 24-70) containing provisions for the 70) containing provisions for the pay-- OR75-5111 ______Sept.5, 1975. payment of wages which are dependent ment of wages which are dependent upon Tennessee: upon determinations by the Secretary determination by the Secretary of Labor TN75-1070 ______July 18, 1975. of Labor under the Davis-Bacon Act; and under the Davis-Bacon Act; and pur­ Virginia: pursuant to the provisions of Part 1 of suant to tiie provisions of Part 1 of Sub­ AP-494 ______Mar. 23, 1973. Washington: Subtitle A of Title 29 of Code of Fed­ title A of Title 29 of Code of Federal WA75—5113______Sept. 12, 1975. eral Regulations, Procedure for Pre-de­ Regulations, Procedure for Predetermi­ termination of Wage Rates, (37 FR nation of Wage Rates, (37 FR 21138) and Supersedeas D ecisions to G eneral W age 21138) and of Secretary of Labor’s Orders of Secretary of Labor’s Orders 13-71 and D etermination D ecisions 12-71 and 15-71 (36 FR 8755, 8756). The 15-71 (36 FR 8755, 8756). The prevailing The numbers of the decisions being prevailing rates and fringe benefits de­ rates and fringe benefits determined in superseded and their dates of publica­ termined in these decisions shall, in ac­ foregoing General Wage Determination tion in the F ederal R egister are listed cordance with the provisions of the fore­ Decisions, as hereby modified, and/or with each State. going statutes, constitute the minimum superseded shall, in accordance with the Supersedeas Decision numbers are in wages payable on Federal and federally provisions of the foregoing statutes, con­ parentheses following the numbers of the assisted construction projects to laborers stitute the minimum wages payable on decisions being superseded. and mechanics of the specified classes en­ Federal and federally assisted construc­ gaged on contract work of the character tion projects to laborers and mechanics Alabama: AL75-1056 (AL75—1086) May 30,1975. and in the localities described therein. of the specified classes engaged in con­ District of Columbia: Good cause is hereby found for not tract work of the character and in the DC75-3061 (DC75—3099) — June 20, 1975. utilizing notice and public procedure localities described therein. Kentucky: AR-4047(KY75-1100) ____ Nov. 1, 1974. thereon prior to the issuance of these de­ Modifications and Supersedeas Deci­ AR-4056 (KY75-1096) )----- Nov. 8, 1974. terminations as prescribed in 5 Ü.S.C. sions are effective from their date of pub­ Mississippi: MS75-1013 (MS75-1099) — Jan. 31, 1975. 553 and not providing for delay in effec­ lication in the F ederal R egister without Pennsylvania: tive date as prescribed in that section, limitation as to time and are to be used PA75-3021 (PA75-3093) - — Mar. 28, 1975. because the necessity to issue construc­ in accordance with the provisions of 29 Rhode Island: July 3, 1975. tion industry wage determination fre­ CFR, Parts 1 and 5. * RI75—2090 (RI75-2111) RI75-2091 (RI75-2112)----- July 11, 1975. quently and in large volume causes pro­ Any person, organization, or govern­ South Dakota: cedures to be impractical and contrary mental agency having an interest in the SD75-5112 (SD7 5—5119) — Sept. 5, 1975. to the public interest. wages determined as prevailing is en­ Tennessee: AQ-4128(TN75—1098) June 28, 1974. General Wage Determination Deci­ couraged to submit wage rate informa­ Virginia: sions are effective from their date of pub­ tion for consideration by the Depart­ MD75-3062 (MD75—3100) — June 20, 1975. lication in the F ederal R egister without ment. Further information and self-ex­ Signed at Washington, D.C., this 19th limitation as to time and are to be used planatory forms for the purpose of sub­ day of September 1975. in accordance with the provisions of 29 mitting this data may be obtained by R a y J. D olan, CFR, Parts 1 and 5. Accordingly, the ap­ writing to the U.S. Department of Labor, Assistant Administrator, plicable decision together with any modi­ Employment Standards Administration, Wage and Hour Division.

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 Bosic Fringe Benefits Payments CARPENTERS, INSULATORS 8s Hourly Basic H & W Fringto Benefit« Payments MILLWRIGHTS: (Cont'd) * - Rotas Venaient Vecetien Aw- Tf- Hourly HM a.Mlon. Vocation Rot«« Aw- Tt. Bergen (remainder o f county), Essex (Millburn Twp.) 8s ASBESTOS WORKERS $ 9*202 .5803 .1*971* Passaic Counties: BOILERMAKERS .02 9.1*8 836 19* 10$ .01 Carpenters 8s Insulators • BOILERMAKERS HELPERS $.9*73 6 * .02 8.95 8 * 103» .01 Millwrights BRICKLAYERS, STONE MASONS, 19* 9.98 656 6 * .02 bKYWALL TAPERS 8s FINISHERS 10.25 .50 • 50 .10 CEMENT MASONS & PLASTERERS': ELECTRICIANS 8s-CABLE SPLICERS: Berren (North Arlington, Lynd- Essex County 10.80 6 * 8 * 1036 t o f lie hurs.t - east of Ridge Rd. and Bergen & Hudson County north to Rutherford Ave. and 11.23 3# 65»+. 58 1.53& Passaic County 11.00 h 6# 10# Barry's Creek west of the ELEVATOR CONSTRUCTORS: Hackensack River), Essex (ex­ Construction: cept Millburn Twp.) & Hudson Mechanics .1*1*5 (that portion west of the 9.52 .29+a b+c .02 Helpers 7.1l* .¡*1*5 .29+a b+c .02 Hackensack River) Counties 10.35 .60- .70 Probationary Helpers 1*.76 Berren (except Wellington, part Modernization: of East Paterson, Garfield, Mechanics Lodi, North Arlington, part of 8.75 .1*1*5 .29+a b+c .02 Helpers 6.56 / Lyndhurst and part of Edge- .1*1*5 ' .29+a b+c .02 Probationary Helpers 1*.76

water) County NOTICES 9*70 .97 • 70 .02 Contract Repairs: Bergen (remainder of county) & Mechanics Passaic Counties 7.90 .1*1*5 .29+a b+d .02 9.89 .81* .65 .02 Helpers Hudson (remainder of county) 5.92 ; 1*1*5 .29+a b+d .02 Probationary Helpers U.76 County: GLAZIERS: Bricklayers & Stone Masons IO.58 .87 .75 Bergen 8s Passaic Counties 9.27 .1*5 1.00 .01 Cement Masons & Plasterers 8.50 1.00 .50 Essex Sc Hudson Counties Essex (Millburn Twp.) County • 05 10.80 .70 .65 .05 10.15 .50 • 50 .02 IRONWORKERS: CARPENTERS, INSULATORS 8s MILL­ Structural, Reinforcing & WRIGHTS: Ornamental 10.19 Tf> 2336 103i Bergen (C liffsid e, Fort Lee, LABORERS: ' 1* • Grentwood, Palisades Park, Bergen (Garfield, Passaic 8s Ridgefield, Edgewater, Fair- Wellington Twps., Lodi. Lodi view, Leonia 8s Coytesville) 8s Boro, 8s East Patterson; 8s Hudson (east o f the Hackensack Passaic Counties: River) Counties 9.05 856 85&*-.l*o .02 Laborers, Air Tool Operators Essex (except Millburn Twp.) Sc '(jackhammers, vibrators), Hudson (remainder of county) Mason Tenders, Mortar Mixers, Counties: Pipelayers (concrete 8s clay) Carpenters 8s Insulators 10.13 6 * . # l/ 5 o fl£ . 8s Plasterer Tenders Millwrights 6.85 .50 .70 10.38 6$ 636 l/ 5 o f l*

FEDERAL REGISTER, VOL 40, NO. 1 «« — FRIDAY, SEPTEMBER 26, 1975 B S IliP Page *» 4*. Page__ 3_ 4^ ; I * s ' nmisioN no. NJ75-3098 DFriSION NO. NJ75-3098 1 . Fringe Bene fi s Payments Dosic Fringe Benefits Payments Basic LABORERS: (Cont'd) Hourly . LINE CONSTRUCTION: (Cont'd) H & W Pensions Vocation App. Tt. Rotes H & W Pensions Vocof ion App. Tr. Rates V / : 1 Bergen (remainder of county) Bergen & Hudson Counties: County: Linemen, Cable Splicers, Laborers, Air Tqol Operators Equipment Operators & (jackhammers, vibrators), Groundmen $1 1 .2 3 . 3$ 6$ + .58 Ì of 1$ Mason Tenders, Mortar Mixers, MARBLE SETTERS, TERRAZZO WORKERS, Pipelayers (concrete & clay) & TILE SETTERS: Plasterer Tenders, Wrecking Marble Setters 7.80 .78 .9*i f & Excavation $ 6.80 ON O .60 .02 Terrazzo Workers 9 .10 1.09 1.50 Essex (City of East Orange, Tile Setters 8.i»o .75 1.95 Twps. of South Orange & MARBLE SETTERS, TERRAZZO WORKERS, | .Maplewood) County: & TILE SETTERS HELPERS \ Regular Laborers i M .*»5 .30 Marble Setters Helpers 7.33 .7**. .88 f i Mortar Mixers, Scaffold Men j Terrazzo Workers Helpers 7.*»3 .925 .*»75 CO O & Pneumatic Hammer Operators 7. TO .*»5 | • Tile Setters Helpers 8.i>5 6$ 7$ Essex (Orange and Montclair) PAINTERS: County: ! Bergen & Passaic Counties:. • j ' Common Laborers 7.35 .40 .30 I 1 New & old construction of Essex (Millburn Twp.) County: one & two family houses: 8.80 Common Laborers 6.95 ON O .50 Painters 8s Tapers .90 1.35 .06 | Essex (remainder of county) & | Other Residential Construction: Hudson (Kearny, East Newark 8s Painters & Tapers 9.05 • 90 1.35 .06 Harrison) Counties: Essex & Hudson (west half of Common Laborers, Air Tool county)Counties: t o n Operators, Mason Tenders, Painters on New Construction

Mortar Mixers 8s Pipelayers and Major Alterations 8.90 .55 .50 .1 5 .05 Y (concrete & clay) 7.20 . 1»0 .*»5 Painters on Repaint Work 8.50 .55 • 50 .1 5 .05 ces Hudson (remainder of county) Spraying or application of County: hazardous or dangerous Common Laborers | 6.80 .60 .60 * 35 .02 materials on repaint work 9.10 • 55 .50 .1 5 .05 LATHERS 9 ,10 •35 .25 .02 Exterior work exceeding 3 ' LEADBURNERS -9.25 .35 e .0 1 stories in height for paint­ LINE CONSTRUCTION: ing of open structural steel, 1 Essex County: and on interior work which Linemen, Cable Splicers, Line . requires painting higher than Equipment Operators, Line 20* above the ground or floor 9.05 .55 .50 .1 5 .05 Truck Ooerators, Groundraen Repaint work as described & Welders 10.80 6$ 8 $ 10$ i of 1 $ above 8 .65 .5,5 .50 .1 5 .05 Passaic County: Spraying or application of Linemen & Equipment Operators 11.0 0 i*$ 6* 10$ Ì of 1 $ hazardous or dangerous Cable Splicers 11-95 U$ 6$ 10$ i of 1 $ materials 9.50 .55 .50 .15 .05 Groundmen * 7.70 6$ 10$ -| of -1 $

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 P a g e 6

DECISION NO. NJ75-3098 DECISION NO. HJ75-7QQ8 Bo sic Fringe Benefft Payments Bosic Fringe Benefits Payments WINTERS: (Cont'd) Rotes H & W Pensions Vocation App. Tr. » Rotes HAW Pensions Vocotion App. Tr. Hudson (remainder of county) PLUMBERS & PIPEFITTERS: County: ZONE 1 $ 9.83 .60 .90 10# .05 Painters & Paperhangers $ 6 .75 .70 1.15 .30 ZONE 2 8.95 .1*75 1.16 1,00 .01* Exterior Scaffold work (except 1 & 2 family houses) 7.25 .70 1,15 •30 PILEDRIVERMEN & DOCKBUILDERS 9.86 •95 1.6 3 .6 1 .02 PIPEFITTERS: AREA COVERED BY PLUMBERS AND PIPEFITTERS ZONES Bergen & Hudson Counties ■ • 10.00 .60 .80 1.0 0 .25 PLUMBERS: ZONE 1 - Essex (Orange, West Orange, East Orange, South Orange, Maplewood and ZONE 1 9.30 .60 .6 5 1.0 0 .03 Livingston) County 2 ZONE 9.1*0 .6 1 .55 1.0 0 .02 ! ZONE 3 IO.85 .70 jl.00 .10 ZONE 2 - Bergen (East Paterson, Fairlavn, Glen Rock, Ridgewood, Midland Park, Hohokus, Weldwick, Allendale, Upper Saddle River Twp., Ramsey, Oakland, . % Franklin Lakes and Mahawah) & Passaic (Paterson, West Paterson, L ittle Falls, AREA COVERED BY PLUMBERS ZONES Totowa Boro., Wayne, North Haledon, Haledon, Hawthorne, Pompton Lakes, West Milford Twp., Ringwood Boro. Boro of Wonaque, Bloomingdale, Ftountain View, ZONE 1 - Bergen (Alpine, Bergenfield, Bogota, Carlstadt, Closter, Cresskill, Part of Clifton and Clinton) Counties. Demarest, Dumont, East Rutherford, Emerson, Englewood C liffs , Hackensack,- Harrington Park,. Hasbrouck Heights, Haworth, Hillsdale, Leonia, L ittle Ferry, Lyndhurst, Maywood, Montvale, Moonachie,. North Arlington, Northvale, Norwood, Old Tappan, Oradell, Palisades Park, Paramus, Park Ridge, Ridgefield Park, o " f ® » Rivervale> Rochelle Park, Rockléigh, Rutherford, Saddle Brook, Saddle River, South Hackensack, Teaneck, Tenafly, Teterboro, Upper Saddle PLUMBERS & STE®. MFITTERS: River, Warren Point, Washington Twp., Westwood, Woodcliff Lake and Wood- Bergen (Lodi, Garfield &

■ Ridge) County. . NOTICES • Wallington) & Passaic (Passaic) Counties: 2 7 Bergen (C jiffside Park, Edgewater, Fairview, Fort Lee, Morsemere and Plumbers 9.865 .60 I Ridp fle ld ) and Hudson (Guttenberg, North Bergen, Secaucus, Weehawken and .90 1.00 Steamfitters 10.21 .505 .9° 1.00 I West New York) Counties. Essex (Short Hills & MLllburn) • County 9.97 .60 • 90 .10 ZONE 3 - Hudson (Cities of Hoboken, Bayonne and Jersey City) County. Essex (remainder of county) .75 County: Steamfitters i PLUMBERS & GASFITTERS: 9.85 6* Tf> ivf> \ of Essex (except a ll of the Oranges, Livingston & Maplewood) & -Hud-iou (Harrison, East Newark & Kearny) Counties 10.825 .6a .90 .05

• 44435

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44436 44436 DECISION H0.HJ75-3098 -■ '* Page 8 CLASSIFICATION DEFINITIONS ? POWER EQUIPMENT OPERATORS'(Cont'd) .

Page__ 7_

GROUP 3 - Aerial platform (used as hoist), hoist (a ll type hoists, gas, diesel, . electric, air hydraulic, single and double drum, 'concrete, brick shaft DECISION NO. NJ75-3098 caisson, conveyor, snorkel, roof, tuggerj and house cars or any other similar Bosic Fringe Benefits Povments type hoisting machines, portable or stationary, (except Chicago boom.type), Hourly elevators or house cars, roof hoist I > Rotes H & W Pensions Voeotlon App. Tr. POWER EQUIPMENT OPERATORS: GROUP-i* - Asphalt curbing machine, asphalt plant engineer, autograde tube\ GROUP 1 , ' $1 1 .2 8 . i i 8 15# 3 i finisher & texturing machine (CMI & similar), autograde curecrete machine GROUP 2 10 . Ao l i 15 # 8 3 Ì (CMI & similar), autograde curecrete machine (CMI & similar), au,tograde GROUP 3 10 .20 l i 5Ì 1 8 3 i curb trimmer & sidewalk, shoulder slipform (CMI & similar types), bar bending GROUP A 9.51 l i 15 i 8 3 Ì GROUP 5 9-36 machines (power), batchers, batching plant & crusher on site, belt conveyor l i 15 Ì 8 3 Ì systems, boilers and steam jennies (irrespective of their use), boom type GROUP 6 9.31 l i 15Ì 6 3 Ì skimmer machines, car dumpers (railroad), compressor and blower type units GROUP 7 8.60 l i l i 15 i 8 (used independently or mounted on dual purpose trucks, on job site or in GROUP 8 8 . ¿5 l i 15 i 8 3 Ì conjuction with job site, in loading and unloading of concrete, cement, fly GROUP 9 8.15 l i 15 i > i 8 3 ash> instancrete, or similar type materials), concrete breaking machines, UROUP 10 9.k6 . l i 15 i 8 Ì 3 concrete finishing machines; concrete saws & cutters (ride on type), concrete GROUP 11 8.05 l i 15 i 8 3 i spreaders hetzel, rex'omatic and similar types, conveyors (under 125')» GROUP 12 IO.50 l i 15 i IÌ 8 crushing machines, ditching machines'(small, ditchwitch or similar), d rill GROUP 13 8 .96 l i 15 i 8 3 Ï doctor (duties include dust collector, maintenance), dope pots (mechanical GROUP Ik 12.88 l i 15 i 8 i i with or without pump), dumpsters, fine grade machine (large type), front end GROUP 15 ’ ' 9.76 l i 15 i 8 l i loaders (under 2 yds..), generators giraffe grinders, graders and motor GROUP l6 IO.65 l i ' 15 * 8 i i patrols, gunite machines (excluding nozzle), hammer vibrator (in conjunction CLASSIFICATION DEFINITIONS with generator), hoppers, hopper doors (power operated), ladders (motorized), 'POWER EQUIPMENT OPERATORS laddervator, lim its (portable generating li^ it plants), locomotive (dinky NOTICES type), maintenance and repair of asphalt curbing machines, concrete fmashing machines, gas buggies, leveling machines, portable generators, power saws, GROUP 1 - Autograde - combn. subgrader, base MTL spreader & base trimmer (CMI & compressor equipment or compressor units used in'connection with cement, paint, similar types), autograde placer-trimmer-spreader-combn. ('CMI & similar types), insulating and acoustical sprays, plaster, curing and sandblasting (a ll and autograde slipform paver (CMI & similar types), backhoes (a ll types, including similar types), mechanic, (mixers excepting paving mixers), motor patrols and a ll combination hoe loaders), central power plants (a ll types), concrete graders, pavers (under 21-E), pavement breakers (small, s e lf propelled ride paving machines, cranes (a ll types including overhead & straddle travelling on type, also maintains compressor or hydraulic unit), pipe bending machine type), cranes (gantry), derricks (land or floating), drillmaster, quarrymaster (power), pitch pump, plaster pump (regardless of size), post hole digger, (down the hole d r ill), draglines, elevator graders, engines (large diesel 1620 rod bending maohines (power), scales (power), seaman pulverizing mixer, silas, HP and staging pump), front end loaders (5 yds. and over), gradalls, grader, steam jennies and boilers (irrespective of theiruse), steel cutting machine rago, helicopters (cop ilot), jack (screw-air hydraulic power operated unit or (service & maintains), vibrating plants (used in conjunction with unloading, console type (not hand jack or pile load test type), locomotive (large), mucking machines, pavers ^21-E and over), paver (resinous, broyhill), pavement & concrete breaker (superhammer), pavement breaker truck mounted, piledrfver, GROUP 5 - Welding machines (gas or electric converters of any type 2 or 3 in scooper (loader and shovel) koehring, shovels, tree chopper, trench machines battery), compressors (2 or 3 within a total distance of 100 constitutes a battery), welding system, mutiple (r e c tifie r transformer type) GROUP 2 - "A" frame, boring & d rillin g machines^ brush chopper, chipper & •shredder, cableways carryalls, cherry picker (6 tons & under), concrete pump, GROUP 6 - Bulldozer, fireman, sprinkler and water pump trudks (used on job site concrete pumping system, pumpcrete, squeezecrete & similar types, conveyors or in conjunction with job s ite ), stone, spreaders, sweepers & brooms, tractors . (12J>' & over), economobiles (hilo, lu ll, hyster similar type equipment), fork (d- 8 and over), water & sprinkler trucks (used on job site or in conjunction lif t s , front end loaders (2 yds, but less than $ yds.), grove cutting machine, with job s it e ). —•> ...... — ...... — . *¿'¿>1'.- ••• f...... • heater planer, pans (letourneau, dw's ukes), pumpcrete (unit type), pumpcrete machines (squeezecrete & concrete pumping regardless o f size), scrapers (letourneau, dw's ukes), side booms, squeezecrete, straddle carrier (ross & similar types), winch trucks (hoisting) -

i||

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 2. DECISION NO. HJ75-^0Q8

CLASSIFICATION DEFINITIONS Page 10 POWER EQUIPMENT OPERATORS

DECISION NO. N.T7S-^0QR GROUP'7.- Compressor (single), heaters (nelson or other type including propane, natural gas or flow type units), pumps (1+ inch suction & over including Bosie Fringe Benefits Payments submersible pumps), temporary heating plant (nelson or other type including Hourly propane, natural gas or flow type units), welding machines (gas or electric Rates H & W Pensions Vocation *PP- Tr. converters of any type single), wellpoint system (including installation and ROOFERS: . . maintenance), pumps (2 of less than inch suction including submersible Bergen & Passaic Counties: 1 pumps) Composition $10.35 .68 1.0 0 Slate & Tile 8 .96 .60 1.0 0 GROUP 8 - Concrete spreaders (small type), fe rtilizin g equipment and maintenance Slate & Tile Helpers 7 .2 1 Ï .60 1.0 0 o f), grease, .gas, fuel and o il supply trucks, mulching equipment (operation Essex & Hudson Counties: 1 maintenance o f), seeding equipment (operation and maintenance o f), tamping Composition, Damp & Water­ ' ■ ’machinés '(vibràtiiîg SeT.f/pro^éllëd) i!'' '’ii ''“;> /v'i .>:“:-:; ' 'y'-- vs»** proofing : Essex & Hudson (west of the GROUP 9 “ Assistant engineer/oiler, mechanics helper,)tire repair & maintenance Hackensack River) Counties -.'1 0 .7 1 .70 .5° Hudson (remainder of county) GROUP 10 - Water Operation: On a ll power boats used in conjunction with pipe­ County 8. 8k 12$ 2 . 2Ó .63 line, river crossings and sill types of construction: captain (power boats), Slate & Tile 10 . ko .70 .30 tug master (power boats) Slate & Tile Helpers 9.30 .7° • 30 SHEET METAL WORKERS: GROUP 11 - Water Operations: Deckhand * * ' Essex & Passaic Counties 10.53 ^ . 0 9 ^+.055 8£ .03 Bergen & Hudson Counties 9.70 5 /^»o6+h 5* k - Asphalt spreaders, bridge deck finisher, grader finish only 7 .5 5 .68 .75 i+J GROUP 4 7 .6 5 .68 .75 GROUP $ i+J GROUP 16 - Roller blacktop 7 .7 5 .68 .75 i+J Essex County: GROUP 1 7 .2 7 - k .8 1 i+J GROUP 2 7.5 0 k .8 1 GROUP 3 i+J 7 .5 5 k .8 1 i+J GROUP 5 7 . 65; k .81 i+J GROUP 5 ' 7 .7 5 k .8 1 i+J

for craft performing operation to which welding is incidental. 44437

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44438 • Page_ 11 Page lg

DECISION NO. NJ7S-°.0Q8 • DECISION NO. NJ75-3098 CLASSIFICATION DEFINITIONS

ZONE 1 - Mechanic Helper PAID HOLIDAYS: A-New Year's Day; B-Memorial Day; C-Independence Day; D-Labor Dayf E- ZONE 2 - Drivers on the following type vehicles: Straight Dumps, Flats, Floats, Thanksgiving Day; F-Christmas Day. Pickups, Container Haulers, Fuel, Water Sprinkler, Hoad Oil, Stringer, Bead', % Hot Pass, Bus, Dumpcrete, Transit Mixers, Agitator Mixer, Half Truck, Viinch FOOTNOTES; Truck, Side-o-Matic, Dynamite, Powder, X-Ray, Welding, Skid, Jeep, Station a. Employer contributes $8.00 per day per employee to an Annuity Fund. Wagon, Stringer, A-Frame, All Dual Purpose Trucks, Trucks with mechanical tail gates, Asphalt Distributor, Batch Trucks, Seeding, Mulching, Fertilizer, b. Paid Holidays: A through F; plus Lincoln's Birthday, Washington's Air Compressor Trucks (intransit), Parts Chaser, Escort, Scissor, Hi-lift, Birthday, Columbus Day, Election Day & Armistice Day. Telescope, Concrete Breaker, Gin Pole, Stone, Sand, Asphalt Distributor & Spreader, Nipper, Fuel Trucks (drivers on Fuel Trucks including handling of c. Employees with 6 months of service but less than 5 years of service hose & nozzle-entire unit), Team Drivers, Vacuum or Vac-all Trucks (entire receive 2 weeks vacation; 5 or more years of service receive 3 weeks unit), Skid Truck (debris container - entire unit), concrete Mobile Trucks vacation. (entire unit), Expediter (parts chaser)', Beltcrete Trucks, Pump Crete Trucks, Line Truck, Reel Truck, Wreckers, Utility Trucks, Tack Trucks, Warehousemen, d. Employees with 6 months of service but less 5 years of service receive Warehouse Parts-Men, Yardmen, Lift Truck in Warehouse, Helper when required on 2 yeeks vacation; 5 years but less than 15 years of service receive Lift Truck in Warehouse, Warehouse Clerk, Parts Man, Material Checkers, 3 weeks; 15 or more years of service receive 4 weeks. Receivers, Shippers, Binning Men (Materials), Cardex Man, Helper when required on Broyhill Coal Tar Epoxy Truck & Asphalt & Bituminous Distributor Truck, e. Paid Holidays: A through F; plus Washington's Birthday, Good Friday Drivers on the following type vehicles: Broyhill Coal Tar Epoxy Trucks, Little- and Christmas Eve, providing the employee has worked 1)5 fu ll days for Ford Bituminous Distributor, Slurry Seal Truck or Vehicle, Thiokol Track the employer during'the 120 calendar days immediately prior to the Master Pickup (Swamp Cat.Pickup), Bucket Loader Dump Truck & any Rubber Tired holiday, and the employee works his regularly scheduled work days Tractor used in pulling & towing Farm Wagons & Trailers of any description, * immediately preceeding and following the holiday.

similar type vehicles, Off-site & On-site Repair Shop. NOTICES f. Paid Holiday: St. Patrick's Day. ZONE 3 - Drivers on straight 3-Axle Materials': Trucks & Floats. g. Paid Holidays: A through F; plus Washington's Birthday, Presidential ZONE 1* - Drivers on all Euclid Type Vehicles: Euclids, International Harvesters, Election Day and Veterans' Day providing the employee works any of the Wabcos, Caterpillar, Koehring, Tractors & Wagons, Dumptors, Straight, Bottom, 3 days in the 5 days preceeding the holiday and the firs t work day Rear & Side Dumps, Carryalls & Scrapers (not self loading-loading over the top), after the recognized holiday. Water Sprinkler Trailers, Water Pulls & similar' types of Vehicles; Drivers on Tractors & Trailer type vehicles: Flat, Floats, I-Beams, Low Beds, Water h. Employer contribution of 3$ based on the basic hourly rate plus health Sprinkler, Bituminous Transit Mix, Road Oil, Fuel, Bottom Dump Hopper, Rear & welfare plus pension plus vacation fringes. Dump, Office, Shanty, Eppxy, Asphalt, Agitator Mixer, Mulching, Stringer, Seeding, Fertilizing Pole, Spread, Bituminous Distributor, Water Pulls (entire i . Paid Holidays: A through F; plus Lincoln's Birthday, Washington's Birth­ unit). (Tractor Trailer), Reel Trailer, and similar types o f vehicles. day, Good Friday, General Election Day, Columbus Eby and Veterans' Day provided the employee hps been assigned to work or "shapes" one day of ZONE $ - Winch Trailers Drivers - .. - r the calendar week during which the holiday fa lls . » . j. Eiaployees working or receiving pay for 80 days within a year receive one week's vacation (48 hours); 126 days receive two weeks vacation (96 hours); 145 days receive 15 days (120 hours); 15 years seniority snd 145 days receive 4 weeks vacation (160 hours).

k. Employer contribution of $83.00 per month per employee to Health & Welfare Funds.

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 MODIFICATION P. 2 MODIFICATION P. 1

DECISION #CA75-5085 - Mod. #2 DECISION #CA75-5085 (Cont'd) (40 FR 31457 - July 25, 1975) Alameda, Alpine, Amador, Butte, Fringe Benefits Poymen Basic Fringe Benefits Payments Hourly Hourly Calaveras, Colusa, Contra H & W Costa, Del Norte, Eldorado, Rotos Line Construction: Rates Pensions Vocation A". Tr. Fresno, Glenn, Humboldt, Kings Monterey County Lake, Lassen, Madera,-Marin, Groundmen v $9.08 .60 i% Mariposa, Mendocino, Merced, .01 Linemen; Technicians 12.11 .60 17. Modoc, Monterey, Napa, Nevada, .01 Cable Splicers 13.38 .60 17. .01 Plumas, Placer, Sacramento, San Plumbers; Steamfitters: Benito, San Francisco, San Marin, Mendocino, San Joaquin, San Mateo, Santa Francisco and Sonoma Count es 11.015 1.70 1.15 l . n .15 Clara, Santa Cruz, Shasta, San Mateo County 11.04 .95 1.65 .25 Sierra, Siskiyou, Solano, 1.20 Lake Tahoe Area 10.99 .58 .60 1.95 Sonoma, Stanislaus, Sutter, Roofers: •10 Tehama, Trinity, Tulare, Del Norte and Humboldt Cos. 9.32 .40 .75 .35 Tuolumne, Yolo and Yuba Amador, Sacramento and Yolo Counties, California Counties Roofers (slate, tile and Change: composition) 9.36 .82 1.10 .04 Bricklayers; Stonemasons: Enameler and Pitch 10.36 • 82 1.10 .04 Alpine, Amador, Calaveras, Sheet Metal Workers: San Joaquin, Stanislaus and Del Norte, Humboldt, Lake, Tuolumne Counties $10.30. .55 .60 1.00 Marin, Mendocino, San Carpenters: • Franc i sco, Sonoma'and

Carpenters NOTICES" 10 Jo .74 1.26 .75 Trinity Counties 10.86 .48 1.20 10% Hardwood floorlayers; Power San Mateo County 11.76 :.48 1.61 . 12\ ■saw operator; Saw filers; Tile Setters: Shinglers; Steel scaffold Alpine, Amador, Calaveras, erectors and/or steel San Joaquin and Tuolumne shoring erectors 10.85 .74 1.26 .75 .04 Counties 9.17 .55 .30 Millwrights 1.00 11.20 .74 1.26 .75 .04 Butte, Colusa, Eldorado, Drywall Installers 10.97 .74 1.26 .75 .07 Glenn, Lassen, Modoc, Electricians: Nevada, Placer, Plumas, Alameda County Sacramento, Shasta, Sierra, Electricians 11.41 .70 17.+.50 .03 Sutter, Tehama, Yolo and Cable Splicers Yuba Counties 12.84 .70 17.+.50 .03 9.70 .70 .90 .90 Monterey County .025 Electricians I 12.10 .60 .01 Cable Splicers 13.37 .60 Lathers: .01 Butte, Colusa., Glenn, Humboldt, Lake (That portion of County from Lakeport up to County Line), Nevada, Placer, Plumas, Shasta, Sierra, Tehama and Trinity Counties 10.10 .48 .50 .01 44439

FEDERAL REGISTER, VOL. 40, NO. 188 -FRIDA SEPTEMBER 26, 1975 44440 MODIFICATION P. A MODIFICATION P . .3

DECISION 0CA75-5O86 - Mod. #2 — ------— r - — - (AO FR 31A7A - July 25, 1975) Bosic Fringe BenefitS Payments Basic Fringe Benefit8 Payment» Alameda, Alpine, Amador, 1 H & W Calaveras, Contra Costa, Rotes H & W Pens iene Vacation App. Tf. Roofers: Rotas Pensiona Vacation App. Tt. Del Norte, Eldorado, Fresno, Del Norte and Humboldt Cos. $9.32 • A0 .75 .85 Humboldt, Marin, Mariposa, Amador, Sacramento and Yolo 7; j Merced, Monterey, Napa, Nevada, Counties Placer, Sacramento, San Benito, Roofers 9.36 .82 1.10 .04 San Francisco, San Joaquin, Enamelers and. Pitch 10.36 .82 1.10 .04 San Mateo, Santa Clara, Santa Sheet Metal Workers: ' Cruz, Shasta, Solano, Sonoma, Del Norte, Humboldt, Marin, Sutter, Tehama, Tuolumne, Yolo San Francisco and Sonoma and Yuba Counties, California Counties 10.86 . A8 1.20 107. San Mateo County 11.76 .A8 1.61 .12 Change; Tile Setters: Bricklayers; Stonemasons: Alpine,.Amador, Calaveras, • Alpine, Amador, Calaveras, San Joaquin and Tuolumne San Joaquin and Tuolumne Counties 9.17 .55 .30 1 .0Ü Counties $10.30 • 55 .60 1.00 Eldorado, Nevada, Placer, Carpenters: Sacramento, Shasta, Sutter, «• Carpenters 10.70 . 7.A 1.26 .75 • 0A Tehama, Yolo and Yuba Cos. 9.70 .70 S .90 .90 .025 Hardwood floorlayers; Power saw operator; Saw filers; DECISION #HI75-5098 - Mod..#l Shinglers; Steel scaffold (A0 JR 32555 - August 1, 1975) NOTICES erectors and/or steel shorin ; Statewide, Hawaii erectors 10.85 .7A 1.26 .75 .0A Millwrights 11.20 .7A 1.26 .75 • 0A .___- Drywall Installers 10.97 .7A 1.26 .75 .07 Carpenters: Electricians: Carpenters; Hardwood Floor- Alameda County layers; Patent Scaffold Electricians 11 .Al .70 U+.50 .03 Erectors; PiLedrivermen; Cable Splicers 12.8A .70 17.+.50 .03 Pneumatic Nailers; Shinglers $7.83 ÌA9 .95 .A2 .06 Monterey County Millwrights 8.08 . A9 .95 .42 .06 Electricians 12.10 .60 17. .01 Power Saw Operator (2 HP and Cable Splicers 13.37 .60 17. .01 above) 7.98 .A9 .95 . A2 .06 Lathers: ' Drywali Applicator 7.93 • A9 .95 . A2 .06 Humboldt, Nevada, Shasta and Electricians: Tehama Counties 10.10 .A8 .50 .01 Groundmen 6.75 .57 17.+1.7A 117. .20 Plumbers; Steamfitters: i Line Equipment Men 8.10 .57 17.+1.74 117. .20 Marin, San Francisco and : Electricians; Linemen 9.00 .57 17.+1.7A 117. .20 Sonoma Counties 11.015 1.70 1.15 1.11 .15 Technicians 9.27 .57 17.+1.7A 117. .20 San Mateo County 11.0A .95 1.65 1.20 .25 Cable Splicers 9.90 .57 17.+1.7A 117. .20 Lake Tahoe Area 10.99 .58 .60 1.95 .10 Ironworkers: Bridge; Ornamental; Reinforcing; Structural 8.65 . .A5 .55 .A0 .05 | Painters: ' Brush 7.91 . A2 .50 .04 Tapers ,8.11 • A2 .50 .04 Spray 8.Al ,A2 .50 .04 Plasterfers 8.7A .65 .75 .16

FEDERAL REGISTER, VOL. 40, NO. 189-----FRIDAY, SEPTEMBER 26, 1975 MODIFICATION MODIFICATION P. 6

DECISION NO. IN75-2088 - Mod. #2 (40 FR ¿7422 - June 27, 1975) Allen, Bartholomew, Benton, DECISION NO. 1N75-2088 (Cont'd) Dearborn, Delaware, Grant, Bosic Fringe Benefit! Poyments Bosic Fringe Benefits Poyments Marion, Monroe, Tippecanoe, Hourly Hourly i Vanderburgh, & Vigo Counties ’ Rote* H & W Pensions Voeotion H & W Indiana App. Tr. Change: Rotes Pensions Voeotion App. Ti. ! ' Electricians: Change: Allen County $9.60 .25 Asbestos workers: U+.30 . 06 Benton & Tippecanoe Counties 9.60 .40 1% Bartholomew, Benton, Dela­ Delaware Country k of 1% 9.30 .40 1%+. 30 . % ware, Marion,' Monroe, Grant County 2 9.45 - .40 17„+. 3 o . % Tippecanoe, & Vigo Countiei $10.31 ' .35 .35 Monroe County 2 .05 9.15 .30 17.+.40 .02 Dearborn County 9.96 .45 .85 .02 • Ironworkers: Vanderburgh County 10.09 .35 .30 Benton-& Tippecanoe Counties 9.49 ’ .65 .90 Bricklayers: Lathers: .02 Bartholomew, & Monroe Dearborn County 11.145 .25 Count ies: Painters: .025 Bricklayers; Marble sette: !i 5 Monroe County: Stonemasons; Terrazzo Brush; Drywall; Paperhangin Workers; & Tile setters ¿.50 .30 .30 Roller; & Vinyl .02 7.90 . **0 Benton & Tippecanoe Counties Structural steel 8.65 .30 Bricklayers; Marble setters Sandblasting; Spray 8.90 .30 & Stonemasons 8.85 .48 .35 .01 Pipefitters; Steamfitters: - Terrazzo worker*;'& Tile Dearborn County 10.80 .70 1 .975 .06 setters 8.85 .48 .35 .01 Plumbers; Steamfitters: Marion County: Grant County 9.65 .40 .55 Bricklayers; & Stonemasons 9.90 .30 .05 Monroe County S E TIC O N .20 .06 10.15 .40 .70 Marble setters; & Tile Roofers: .10 setters 9.41 .30 .20 .04 Bartholomew, Marion, Monroe Carpenters: Counties: Bartholomew County(Camp Composition; Waterproofers ,9.49 .30 .30 Atterbury); & Marion County. Slate, Tile, Asbestos, & Carpenters; Millwrights 9.95 .47 .50 .06 precast slab 9.74 .30 .30 Benton; & Tippecanoe Countie 5 Helpers 7.99 .30 Carpenters; & Soft floor .30 Dearborn County 10.745 .85 layers 8.41 ,01 .40 .20 .02 Delaware County 7.45 • 2.5 .10 Millwrights; & Piledriverme i 8.76 .40 .20 .02 Sheet metal workers: Grant County: Bartholomew, Delaware, Marior Carpenters - 8.13 .45 .45 .05 & Monroe Counties 9.91 Piledrivermen .50 ,55 .06 8.33 .45 .45 .05 Sprinkler fitters 10.55 Millwrights .50 .80 .08 8.63 .45 .45 .05 Cement masons: Omit: Benton & Tippecanoe Counties 8.10 .45 .40 Carpenters: Vanderburgh County 8.55 .45 .40 Bartholomew County (Camp Atterbury) & Marion County: Piledrivermen 9.45 .47 .50 .06 Soft floor layers 7.55 .47 06 Add: Terrazzo workers’ helpers: 1 Bartholomew, Delaware, Grant, Marion, Monroe, Tippecanoe, & V i g o Counties 7.95 44441

FEDERAL REGISTER, V O L 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44442 44442 MODIFICATION P. 7 MODIFICATION P. 8

DECISION NO. IN75-2089 - Mod. #2 (40 FR 28346 - July 3, 1975) Bosic Fringe Bonolits Payments S Payments Lake, LaPorte, Porter, & DECISION #11075-4144 - Mod, fll Hiuil (40 FR 32611 - August.1, 1975) Rotes H & W Pensions Vocation A»,. T». St. Joseph Counties, Indiana H 1 W Pensions Vac of ion a m - t». Rafts Cass, Clay, Jackson, Platte and Change: Ray Counties, Missouri; and Bricklayers: Johnson and Wyandotte Counties, Lake & Porter Counties:. Kansas, Missouri Bricklayers; Marble setters Stonemasons; & Terrazzo CHANGE: workers 10.05 .45 .55 .50 .02 BOILERMAKERS $9.45 .70 1.00 .02 St. Joseph County: GLAZIERS 9.23 .40 .40 14% .03 Bricklayers; Stonemasons 10.04 .50 .35 .05 LATHERS 9.70 .50 MSrble setters 8.70 .40 .35 a .01 PIPEFITTERS 10.42 .52 1.05 1% Carpenters: PLUMBERS 10.69 .60 .70 .10 Lake, LaPorte, & Porter TERRAZZO WORKERS 9,93 3.65% 3.25% Counties: Carpenters; Millwrights; Piledrivermen; Soft floor layers 10.51 .50 .57 .05 Electricians: Lake County 10.30 5% 6.3% 4% .7% LaPorte & Porter Counties 10.30 3*% 5*% 4% .2% Roofers: • - Lake & Porter Counties: NOTICES Composition, Damp & water- DECISION #104145 - Mod. #1 proof workers; Slate, Tile (40 FR 32616 - August 1, 1975) & Asbestos 11.34 .47 .35 Cass, Clay, Jackson, Platte and LaPorte & St. Joseph Countie ‘i ■ Ray Counties, Missouri; and Composition, Damp & water- Johnson and Wyandotte Counties, proof ' 8.75 .40 .30 .03 Kansas, Missouri Slate, Tile & Asbestos 8.90 .40 .30 .03 Helpers 5.00 .40 .30 .03 CHANGE: Sprinkler fitters: BOILERMAKERS $9.45 .70 1.00 .02 Lake County (Remainder of GLAZIERS 9.23 .40 .40 14% .03 Co.), LaPorte, Porter, & LATHERS 9.70 : .50 St. Joseph Counties 10.55 .50 /, .80 .08 pipefitters 10.42 .52 1.05 1% Laborers (Heavy & Highway PLUMBERS 10.69 .60 .70 .10 Construction) TERRAZZO WORKERS 9.93 3.65% 3.25% Lake County Group 1 6.90 .35 .35 .07 Group II 7.05 .35 .35 .07 Group III 7.80 .35 ’ .35 .07 Laborers (Heavy & Highway Construction) LaPorte, Porter, & St. Joseph Cos Class I 6.20 .35 .35 .07 .07 Class II 6.35 .35 .35 .07 Class III 8.45 .35 .35

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FEDERAL REGISTER, VOL. 40, NO . I l l -----FRIDAY, SEPTEMBER 26, 1975 I MODIFICATION MODIFICATION P. 10

DECISION NO. NJ75-B04Q (C o n t'd ) l Bosiç Fflng* Benel ts Payment* Basic Laborers, Heavy & Highway Fringe Benel its Payment* Construction (Cont'd), HoOrty RoHi H LW Vocation App. Tc. Rotos H Ip » Ppm Ion, Vocation App. T». DECISION #NJ75-3049 '* Mod. #2 (4o FR 2¿219 - June 20, 1975) Zone 2 Group 1 Atlantic, Burlington, Camden, $ 8.25 .60 •95 d Group 2 Cape May, Cumberland, Gloucest r , 8.10 .60 •95 d Mercer, Monmouth, Ocean and Group 3 7.85 .60 •95 d Group 1» Salem Counties, New Jersey 7.80 ; .60 .95 d Group 5 7.70 .60 •95 d Group 6 Change: 7.60 .60 •95 d Bricklayers, Stone Masons, Group 7 7.35 .60 •95 d Group Marble Masons, Cement Masons, 8 7.20 .60 •95 d Group 9 Plasterers, Tile Setters & 7,15 .60 •95 d Terrazzo Workers: FV-ee Air Tunnel Jobs Group 1 Zone 4 $ 9 .6 0 .6 0 8.62 .60 •95 ■ d .1 .0 0 •03 Group 2 Electricians & Cable Splicers: 8.22 .60 •95 d Zone 1 Group 3 8.06 .60 .95 d 1 1 .4 5 4 * v 15 ^ .3 0 .01 Group 4 Laborers, Building Constructloi : 7.55 .60 •95 d Zone 1. Laborers, Asphalt Construction: Street: Laborers, Mason Tenders & Head Bakers Plasterer Tenders 7.40 .60 •95 à 6 .8 5 .55 .4o .02 Rakers & Screed Man Air, Gas, Electric Tool Ops. 7 . 1 0 7.25 .60 •95 d .55 .40 .02 Tampers, Smoothers, (Cattlemen, Gunnite Men 7 .2 5 • 55 .40 .02 NOTICES Zone 2 Painters, Shovelers & Roller Boys Laborers, Brick Tenders, 7.00 .60 • 95 d Motor Tenders, Scaffold Plant: Scale Mixer & Burner Men Builders (brick), Hod 7.25 .60 •95 d Feeders & Dust Men Carriers (brick) & Power 7.00 .60 •95 d Painters: Tool Ops. 7 .2 0 .40 • 55 .02 Zone 2 Jack Hammer Ops., Bsrko Painters on New Construction Tamper Ops.', Concrete and Major Alterations Vibrator Ops.' (over 27 lbs.) 8.90 .55 .50 .15 .05 7 .^ 5 .4o • 55 .02 Painters on Repaint Work Motorized Buggy Ops., Burners 8.50 .55 .50 .15 .05 Spraying or application of Nozzlemen (gunnite work) 7 .3 2 5 .40 .55 .02 hazardous or dangerous Plaster & Lather Tenders 7 .6 0 .40 • 55 .02 materials on Repaint Work Laborers, Heavy & Highway 9.10 .55 .50 .1 5 .05 Exterior work exceeding 3 Construction: Zone 1 stories in height for painting of open structural steel and Group 1 7 . 7 5 .6 0 • 95 d Group 2 terks under 3 stories in 7.45 .6 0 • 95 d height except flat tanks on Group 3 7.^0 .6 0 .95 d Group 4 the ground and on interior 7.25 .6 0 • 95 d work which requires painting Group 7 . 1 5 .6 0 .95 d Group higher than 20' above the 6 .9 0 .6 0 • 95 d ground or floor (this shall Group 6 .8 5 .6 0 • 95 d Group 8 6.75 .6 0 • 95. d 44443

FEDERAL REGISTER, VOL. 40, NO . 1 r, SEPTEMBER 26, 1975 44444 MODIFICATION P. li MODIFICATION P. 12 I S E TIC O N

DECISION NQ.HJ7S-^0>tQ (Cont'd) Basic Fring* Bonffits Payment* Basic Fringe Benefits Payment* Mourtr Hourly H 4 W P.Mlons Vocation Tr. Painters ( Cont'd) Rotas H 4 If Pensions Vocation *»»• T«. Rotas >*P DECISION #NJ75-3050 - Mod. #2 not be applicable to machinery (40 FR 29501 - July 11, 1975) 'or equipment located therein) $ 9 .0 5 .55 .5 0 .15 .05 Bergen, Essex, Hudson, Hunterdon, Repaint Work aB described above 8 .6 5 .55 .5 0 .15 .05 Middlesex, Morris, Passaic, On Bridges, Television and Somerset, Sussex, Union & Warren Radio Towers, Structural Steel Counties, New Jersey and Tknks above 3 stories in height (30' or over), Smoke Change: Stacks, Water Towers, Sand­ Bricklayers, Stone Ifesons, blasting, Steamcleaning, Cement Masons & Plasterers: # Spraying or application of Zone 8 $10.19 .45 .45 .02 hazardous materials 9 .5 0 •55 .5 0 .1 5 .05 j Carpenters, Insulators & Plumbers & Pipefitters: ' Millwrights: Zone 3 9 -6 5 • 74 .77 1 . 1 0 .09 | Zone 2 Zone 4 1 0 .9 4 .57 .85 .0 5 Carpenters & Insulators 10.13 6jt 6* l/5ofl# Roofers: Millwrights 10.38 6Ì 6* l/ 5ofl£ Zone 4 Laborers, Building Construction: Composition, Waterproofing, - Zone 2 6.80 .*90 .60 .02 Slate and Asphalt Shingle 1 0 .1 5 .50 .6 0 1 Zone 7 6.80 . 60. .60 •35 .02 j Zone 10 7.4o .45 • 45 .02 Add: - Zone 11 7.3 0 .50 • 50 .02 Ironworkers - Structural, Zone 12 7.30 .50 . .50 .02 Ornamental & Reinforcing: Zone 15 7.2 0 . -55 .55 .02 Monmouth and Ocean (northern Zone 16 7.00 • 70 .60 .02 half of comity) Counties 1 0 .1 9 l i 23* 105» 1 i Laborers, Heavy & Highway Construction: Group 1 8 .25 .60 • 95 e Group 2 8 .10 • .60 .95 è Group 3 7.85 .60 .95 e Group 4 7.80 .60 .95 e Group 5 7 .7 0 . .60 .95 e Group 6 7.6 0 .60 • 95 e Group 7 7.35 .60 .95 e Group 8 .60

7.20 VO e

Q •95 ■Group 9 7.15 • 95 ■ e Laborers, Free Air Tunnel Jobs: Group 1 8.62 .60 • 95 e Group 2 8 .22 .60 .95 e Group 3 8.06 .60 •95 e Group 4 7.55 .60 .95 e

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 MODIFICATION P. 13 MODIFICATION P. 14

DECISION NO. NJTS-^OSO ( C o n t 'd ) DECISION NO. n J75-3050 (Cont'd) Bosic Fringe Bene its Payments Fringe Benefits Payments Hourly Hourly Rotes H & W Pensions Vacotlon App. T». Rotos H & W Pensli Vocation App. Tr. Laborers, Asphalt Construction: Omit: Zone 1 Ironworkers-Structural, Street: Reinforcing & Ornamental: Head Rakers $ 7 .7 0 .6 1 .69 e Middlesex County- $ 9.62 7# 23# l# Rakers & Screen Men 7.55 », .6 1 .69 e Tampers, Smoothers, Kettle- Add: - men, Painters, Shovelers & Ironworkers-Structural, Roller Boys Reinforcing Ornamental: 7.30 .6 1 .69 e & Plant: Bergen, Essex, Hudson, Scale Mixer & Burner Men 7.55 .6 1 .69 e Middlesex, Morris, Passaic, Feeders & Dust Men 7.30 .6 1 •69 e Somerset, Sussex & Union Zone 2 Counties 10.19 7# 10 Street: 23# # i# Head Rakers 7.^0 .60 .95 e Rakers & Screed Men 7 .2 5 .60 •95 e Tampers, Smoothers, Kettle- DECISION #AR-301+7 - Mod. #2 men, Painters, Shovelers 8e (39 FR 30800 - August 23, 1971+) Roller Boys 7.00 .60 e Trumbull County, Ohio Plant: •95 Scale Mixer 8s Burner Men 7.2 5 .60 • 95 e Change: Feeders & Dust Men S E TIC O N 7.00 .60 •95 e Painters: Line Construction: Commercial & Residential: Zone 7 Brush, Paperhanging, water­ Linemen 8s Equipment Operators 1 1 .2 9 \# l #+.50 i Of 1# proofing, and Wall washing 9.865 .'60 . 1+0 Groundmen 8s Line Truck Opera­ Lrywall Taping 10.015 .60 tors .1)0 9.74 i+# l#+.50 Í Of 1# Spray- 10.365 .60 . 1+0 Painters: Industrial: Zone 1 Brush & Bridges 10.07 .60 1+0 Commercial, Industrial 8s Taper . ! 9.05 .90 1.35 » .06 Spray & Sandblasting 10.77 . .60 .1+0 Steel Outside 10.05 .90 Spray 1.35 .06 11.55- .90 Plumbers: 1.35 .06 Zotte 5 9.9^ .695 .795 1 .1 9 2 Plumbers & Steamfitters: .099 Zone- 3 10 . 91+ .57 Zone 5 / .85 ' '• .05 9.65 .Ik 1 .1 0 Roofers: .77 .09 Zone 2 Composition, Waterproofing, Slate 8s Asphalt Shingle 1 0 .1 5 .50 .60 Zone 5 Slate 8s Tlie lO.lfO .70 • 30 , Slate 8s Tile Helpers 9.30 .70 v30 Sprinkler Fitters: Zone 2 1 1 .2 5 .50 .80 .08 44445

FEDERAL REGISTER, VOL. 40, NO . 188— FRIDAY, SEPTEMBER 26, 1975 44446 MODIFICATION P. 15

¡¡gl i NOTICES

i 1 (40 FR 41371 - September 5, 1975 ) Bosic :finge Benefit Payments Statewide, Oregon Hourly Rotes H & W Pensions Vocation App. Tr. Change: ■ 1 Sprinkler Fitters $10.55 .50 .80 .08

DECISION #TN75-1070 - Mod. #1 (40 FR 30435 - July 18, 1975) Shelby County, Tennessee

CHANGE: Ironworkers $ 9.15 .35 .60 .125 Steamfitters, air conditioning mechanics and pipefitters 10.47 .30 , .30 ! . / . ;

DECISION #AP-494 - Mod. #1 (38 FR 7693 - March 23, 1973) The Independent Cities of Chesapeake, Hampton , Newport News, Norfolk, Portsmouth & »Virginia Beach, Virginia

Change: Electricians $8.00 57. 6% 1%

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DECISION #WA75-5113 Mod. #1 (40 iFR 42507-September 12, 197 >) Statewide, Washington — Change : Sprinkler Fitters: Skagit, Snohomish, King, Island, Kitsap Pierce and Thurston Counties $12.26 .50 .80 .09 Remaining Counties 10.55 .50 .80 .08.

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FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 SUPERSEDEAS DECISION Page 2

STATE: Alabama COUNTIES: Jefferson & Shelby DECISION NUMBER: AL75-1086 DATE: Date of Publication Supersedes Decision No.: AL75-1056 dated May 30, 197$ in I4O ER 23632 DESCRIPTION OP WORK: Building Construction, (excluding single family homes and garden typer apartments up to and including 1* stories.) AL75-1086 - (Cont'd) / Basic Fringe Benefits Payments Basic Fringe Bene its Payments Hourly Hourly Rotes H & W Pensions Vocotion App. Tf. Rotes H & W Pensions Vocation , . App. Tr. Truck Drivers (Cont'd) 3 tons but not including 5 tons 6.20 : CM O Asbestos workers 8 .6 1 .30 • 30 .05 5 tons and over including spec­ Boilermakers ia l equipment 7.50 4 0 .90 .02 6.35 .2 0 Bricklayers: pointers; caulkers; Heavy Duty - o ff the road truoks 645 .2 0 stonemasons 8 .7 5 • 20 .25 .05 Carpenters: Welders, riggers, riveters - re­ Carpenters: soft floor layers 7.75 4 0 .25 .06 ceive rate prescribed for craft Millwrights 9.15 performing operation to which Piledrivermen .06 7.95 4 0 . .25 welders, riggers and riveters Cement masons .06 7.33 .5? are incidental.. Electricians: j Electricians 8.50 • 30 1% 1 Cable splicers 8 .75 .30 i Elevator constructors $6 8.02 .145 .2 9 3S&-a+b .02 j Elevator constructors helpers PAID HOLIDAYS: ¡j.b 1 •145 .29 3?6fa+b .02 Elevator constructors helpers A-New Year's Day; B-Memorial Day; C-Independence Day; D-Labor Day Thanksgiving Day; P-Christmas Day. _ I (Prob.) U.01 j Glaziers 7.3 3 4 0 4 0 .01 FOOTNOTES: I Ironworkers 8 .25 • 55 • 595 .04 a . 6 paid holidays: S E TIC O N | Lathers 6.90 A through P. ! Linemen: .01 .01 Linemen b. Employer contributes L#é of regular hourly rate to Vacation Pay 7 .1 5 .20 196 Groundmen under one year 3'hh .20 Credit for employee who has worked in business more than 5 years. M Employer contributes 2% of regular hourly rate to Vacation Pay Groundmen one year and over l*.oi+ .20 Hole and ditch digging equipment Credit for employee who has worked in business less than 5 years. traotor with winch and derrick, truck with winch and derrick 6.08 .20 Traotor with towing machine , j truck with winch only 5.01 .20 j Truck without winch U.29 .20 i% i. Marble setters 5.85 Painters: I Brush 745 4 0 I Spray; Structural steel 7.95 4 0 Paperhangers 7.60 4 0 Plasterers 747 •5o Plumbers: Pipefitters 940 4 0 4 0 Hoofers .07 6.80 .20 Sheet metal workers .10 9.00 45 4 0 - % Sprinkler fitters .05 8.75 .50 .70 Terrazzo workers; Tile setters .08 7.60 .30 T ile, Marble terrazzo helpers 5.30 Truck Drivers: Up to but not including 1^ tons 4.75 .20 1-g- to but not including 3 tons 5.95 .20 44447

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44448 44448 P a g e 4 P a g e 3

AL75-1086 - (Cont d) AL75-1086 (Cont d) _ Basic Fringe Benefits Payments Bostc Fringe Benefits Payments BUILDING CONSTRUCTION BUILDING CONSTRUCTION 'Hourly "Hourly Rates H t « Pensions Vocation App. Tr. Rato» H 4 W Pensions Vocation App. T». POWER.EQUIPMENT OPERATORS i LABORERS: „ .20 .10 .20 GROUP A 8.11* •30 GROUP A 5-55 .30 ! v -I .03 .20 .10 .20 I GROUP B 7.91 •30 GROUP B 5.50 .30 .03 .20 .10 .20 GROUP C 7.11* •30 GROUP C 5.1*5 .30 .03 .20 .10 .20 GROUP D 8.81+ .30 GROUP D 5.1*0 .30 .03 .20 .10 5.80 .20 GROUP E 8.1+3 •30 GROUP E .30 .03 •30 .20 • .10 GROUP P 6 .25 .20 .30 •03 GROUP F 7.27 GROUP G 6 .15 .20 .30 « .03 GROUP H $.20 .20 .30 .03 GROUP I 6 .10 .20 .30 • 03 GROUP J 5-95 .20 .30 . -03 GROUP A Asphalt plant; boom tractor} bulldozer} cableways; core driller; com­ pressors (2 or more); orane-derriok-dragline; dinky looomotive; dredges; fork lift; front end loader; gradall; heavy duty meohanio; hoist *1 drum or more); mixers; push tractor; sorapers; shovels; trenohing machine V 8114 all similar equipment); winoh truoks; motor graders; oonorete pump; pile- GROUP A ,■ Air or eleotrio tool operators and asphalt rakers driver; rotary drill

GROUP b . NOTICES GROUP B ~ ' Air compressor (over 125); asphalt spreaders; blade graders (pullA??®!5 Vibrator operators, ohain saw ops., of meohanioal equipment whioh replaoes boat operators conveyor (2 or more up to l+); crawler tractor; distributors (wheelbarrows or buggies), power mowers, mortar mixers, pipe layers, (bituminous Burfaoe); farm tractors; finishing maohine; pumps over U inches; oono. & olay and muckers rollers; welding maohine (1+ or more)

GROUP C GROUP C . Plasterers' tenders & hod oarriers Air“compressor (125 & under); oilers-firemen; oonveyor (1) tended by oiler); pumps (under 1+ inches); welding machines (3 or under); meohanio helpers group d • A : Mason tenders, building laborers and wagon d rill operators' helpers GROUP 3) * ON STEEL ERECTION: Crane; dragline, derriok; hoist; piledriver; winch truok; GROUP_E_ fork l i f t ; tower cranes; climbing cranes; cherry picker*mechanics; locomo-y Burners on demolition, wagon d rill operators and tunnel laborers tives; tug boat ' , ■

GROUP F GROUP B ,, . , /| ■ ■ Powderman Tractors; welding maohine; gas or diesel driven welding machine (L or more); air compressors over 125 .(2 or less); power generating units (.gas GROUP G or diesel) Caisson-driller GROUP F . J . w „ GROUP H Gas or diesel d r iv e n welding maohine (3 or less); mechanic helper, Tunnel miner air compressor 125 and under (2 or less); oiler; fireman; small boat' GROUP I Pneumatic concrete gun operator and nozzleman

GROUP J Chuck tender

FEDERAL REGISTER, VO L. 4 0 , N O . 188— FRIDAY, SEPTEMBER 2 6 , 1975 SUPERSEDEAS DECISION

STATE: Washington, D. C. DATE': Date of Publication DECISION NO.: DC-75-3099 Supersedes Decision No. DC-75-3061, dated June 20, 1975, In 40 FR 26242. P a g e 2 DESCRIPTION OF WORK: Building (excluding single fam ily houses and garden type apartments, up to and Including 4 stories), Heavy (excluding Metro P r o j e c t s ) , and Highway Construction, Demolition and Sewer and Water Lines.

1-D. C. 1-2- DECISION NO.DC-75-3099

Bosic Fringe Benofits Poyments BUILDING & HEAVY CONSTRUCTION BUILDING & HEAVY CONSTRUCTION Hourly H & W MARBLE SETTERS Rotes Pensions Vacoflon . *PI>. T i. MARBLE SETTERS' HELPERS ASBESTOS WORKERS $ 9 .4 5 MILLWRIGHTS .4 5 .5 5 .0 1 5 BOILERMAKERS - Blacksm iths 9 .4 0 PAINTERS: .6 0 .9 0 .0 2 BRICKLAYERS • 9 .8 5 Brush, Spray, Paperhangers, .6 0 v .60 .1 0 CARPENTERS 9 .5 5 T a p e r s .5 0 .4 9 .0 7 CKMENT"MASONS:' Steel, Sandblasting, Swing Stage Cement Masons 9 .6 5 .4 8 5 .45 . 11 Power Brushing Grinding Machine 9 .9 0 CARPET LAYERS ' . 485 .4 5 . 11 ELECTRICIANS 10..10 .3 5 PILEDRIVERMEN 17.+. 75 .1 0 ELEVATOR CONSTRUCTORS 9 .7 7 5 PLASTERERS . .4 4 5 .2 9 37.+a+b .0 2 ELEVATOR CONSTRUCTORS' HELPERS ' 6 .8 4 PLUMBERS .4 4 5 .2 9 37.+a+b .0 2 ELEVATOR CONSTRUCTORS' HELPERS ROOFERS: | (P R O B .) 4 .8 9 Composition . | G L A Z IE R S 9 .0 3 Slate, T ile, Mopmen, Water- .5 6 .4 0 .0 5 IRONWORKERS: •proofers, Sprayers, Sprandrel Structural, Ornamental and Chain ■ and Ironite 'Link- Fence •- ’ 9 .5 5 i H e l p e r s .3 0 .6 0 .0 5 Reinforcing 1 0 .0 0 SHEET M ETAL WORKERS .3 5 .6 0 .0 3 j LABORERS: j SOFT FLOOR LAYERS I S E TIC O N | Common L a b o r e r s , L a n d s c a p e r s 7 .7 1 .3 5 SPRINKLER FITTERS .4 0 .0 5 .! Acetylene Burners Used on STEAMFITTERS, REFRIGERATION and W r e c k in g 8 .2 1 .3 5 Air Conditioning Mechanic .4 0 .0 5 Air Tool Opera ter; Scaffold STONE MASONS BuildeT, Paving Breakers; STONE CUTTERS: iowmasters; Buggy Mobiles; ! Fitters and trimmers Spaders; Mortarmen and Ornamental Carvers Scootcretes 7 .8 6 .3 5 .4 0 Figure Carvers P i p e l a y e r s .0 5 7 .8 6 •35 TERRAZZO a n d M O SAIC WORKERS .4 0 .0 5 Plasterers' Tenders TERRAZZO WORKERS' HELPERS 7 .0 3 ' " .3 2 .3 5 .0 5 Plumbers' Laborers 6 .9 3 .3 0 .4 0 TILE SETTERS P ow d erm en .0 5 8 .8 8 5 .3 5 .4 0 TILE SETTERS' HELPERS Powersaw, Well Points .0 5 7 .9 6 .3 5 .4 0 TRUCK DRIVERS: LATHERS .0 5 8 .7 3 .5 0 .5 0 Boom Trucks LEAD BURNERS .0 2 5 9 .2 5 .3 5 c Small Dump, Water Sprinkler, LINE CONSTRUCTION: .0 1 Grease and Oil Linemen, Cable Splicers, , Flat, Pick-up Hauling M aterials, Equipment Operators 1 0 .8 6 .3 5 U Small Euclids, Dump over 8 w h e e l Truck with Winch, Truck Pole or 1/47. Trailers, Low Boys, Tractor Steel handling 7 .1 8 .3 5 17. P u l l s G rou n dm en (0 t o 1 y e a r ) 1/47. 5 .7 6 .3 5 17. H e l p e r s Groundmen (1 to 2 y e a r s ) 1/47. 6 .6 7 • 35 17. Groundmen (over 2 y e a r s ) 1/47. .3 5 6 .9 2 17. 1/47. 44449

FEDIRAL REGISTER, VOL. 40, NO. 188— I SEPTEMBER 26, 1975 44450 Page_¿¡_ Page _

BUILDING & HEAVY CONSTRUCTION DECISION NO. DC-75-3099 Basi c Fringe Benefit« Poyrr Fringe Benditi Poyrr DECISION NO. DC-75-3099 Hourly Hourly Rote« H&W I Pin Roto TRUCK DRIVERS: (Cont'd) DEMOLITION (excluding Metro Carryalls, Large Eucllds, Projects) Euclid Water Sprinkler, Tunnel $5.62 .28 .25 .03 Work under ground $6.55 .25 g+j Laborers .28, .25 .03 Mechanics 6.30 .25 g+j Burners 6.12 RIGGERS and WELDERS - Receive Power Equipment Operators: - 9.695 .50 .12 rates prescribed for crafts per­ Cranes .5? 9.295 .50 .55 .12 forming operations to which Loaders 4.0Ó rigging and welding are incidents Truck Drivers

PAID HOLIDAYS: A-New Year's Day; ; Memoria Day; C* Independence Day D-Labor Day; E-Thanksgiving Day; F Christma Day.

FOOTNOTES: a. Holidays: A Through Fi b. Employer contributes 47. basic ho urly rat« for 5 years or mo re of ser ice or 27. basic hourly rate for 6 nths to years, service as Vacation ay NOTICES Credit. c. Holidays: A through F plus Waslji ington' s Birthday Good Fri iay and Christmas Eve (provided an -empl ¿yee has orked at least 45 ull days during the 120 calendar days pr or to the holiday and the regular scheduled work days immediately preceding and foil owing the holiday) f. $8.00 per week when employee ha worked days a:nd works 3 days in work week. g. Holidays: A-D-E and F (provided the empi cyee works the regu Larly scheduled work days immediately preceding and following the holiday) h. Five' Paid Holidays: Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day and New Year's Da) j. One.week's paid vacation provid ng employee has wo rked 3 ye rs and a minimum of 1450 hours during ny calendar year

FEDERAL REGISTER, VOL. 40, NO . 188— FRIDAY, SEPTEMBER 26, 1975 PACE 5

2-D.C. - PEO-1-2-R DECISION NO DC-75-3099 P a g e ___6 V .-ju ic... Fr)AQ£ iW.c-fit V Sroynt*ntS BUTXDXirO & HEAVY CO’joTOUC'ITON pplei. M & V/ I W , „ 5 r , At, Tl"" : DECISION NO. DC-75-3099 1 of 3 “Power Equipment Operators : 1 Bosic Fringe Benefits Payment* SEWER and WATER LINES Hourly H & W GROUP 1 $ 1 0 .4 5 .5 0 .5 5 .12 Rotes Pension* Vacation App. T,. GROUP 2 1 0 .2 0 •5 0 .5 5 | .12 BRICKLAYERS. $ 9 .8 5 .4 5 .4 5 .1 0 GROUP 3 9 .0 2 •5 0 • 55 .1 2 CARPENTERS 9 .5 5 .5 0 , .49 GROUP h 1 0 .0 5 .0 7 .5 0 .5 5 .1 2 CEMENT MASONS 9 .6 5 .4 8 5 .4 5 .11 Ô80UÏ 9 .0 7 .5 0 • 55 .3 2 IRONWORKERS; Reinforcing 1 0 .0 0 .3 5 .6 0 .0 3 GROUP .9 .8 0 .5 0 .5 5 . 12 PILEDRIVERMEN ' 9 .7 5 -, .5 0 .4 9 .0 7 GROUP 9 .7 9 • 50 • 55 .1 2 PLUMBERS 9 .A 3 .5 8 .5 5 .1 8 GROUP 9 ,6 2 • 50 .5 5 .1 2 POWER EQUIPMENT OPERATORS: GROUP • "9 .'‘40 •5 0 .5 5 .1 2 Backhoes, Cable ways, Cranes> GROUP 10 9 .6 0 .5 0 •55 .1 2 Draglines power shovels, Tunnel GROUP 11 .8 .7 4 •5.0 • 55 .1 2 Shovels, Tunnel mucking machine s , Derricks, 1 cu. yd. and over 7 ,6 4 .3 5 .3 5 .0 5 Backhoes, Cableways, Cranes 1 Derricks, Dragline, Tunnel Shovels, Tunnel mucking CLASSIF1CATI0K3 machines up to 1 cu. yd., Boom POWER I'XiUXPPEUT OPERATORS cats, Elevating graders, Hoists Paving mixers, Piledriving GROUP 1-35 ton cranes and above, tower and climbing cranes engines, Batch Plants, Concrete GROUP 2 - Backhoes, boom cots, cableways, ersnas or derricks, m d r a g l i n e pumps . elevating greders, hoists, elevator (permanent), paving mixers, piiedrivlno 7 .3 9 .3 5 .3 5 .0 5 Trenching Machines (above 8'3") engines, power shovels, tunnel shovels, mucking machines, batch plants 7 .1 9 .3 5 .3 5 .0 5 Backhoes (hydraulic, under c.y 1 7 .2 7 NOTICES concrete pumps, locomotives (standard harrow gauge), power driven wheel .3 5 .3 5 .0 5 Trenching machines (up to 8'3"), scoops and scrapers (5 0 cu. yds, struck capacity or above), m ultiple Boilers skeleton, Well drilling concrete conveyors, front end loader (over 3 - 1 / 2 cu. yds.) > machines \ GROUP 3 - Mechanic, mechanic welder, welders 7 .0 9 .3 5 .3 5 .0 5 Air Compressors, tunnel 7 .0 6 GROUP 4 - Hydraulic backhoes, under 1 / 2 yd., mounted on tractors, front end .3 5 .3 5 .0 5 . Front end loaders (high lift), ( ° V G r 2 -3A cu. yds., to end including 3 - 1 / 2 c u . y d s . ) Bulldozers GROUP 5 - A ir compressors (on steel) 7 .0 4 .3 5 .3 5 Concrete mixers, Power sheel .0 5 GROUP 6 - Front end loaders (h i-lift), fork lifts scoops and scrapers, Mortor GROUP J - Boilers (skeleton), trenching machines, tug boats, well drillin g m a c h in e s graders, Tunnel motor men, blade Graders, tunnel mechanics 6 .9 4 .3 5 .3 5 G R O W 8 - Air compressors (except on steel), concrete mixers, mechanics Mechanics .0 5 6 .9 2 .3 5 and maintenance men, pumps, tunnel mechanics, tunnel motor-man, welding .3 5 .0 5 Bulldozer, Hydraulic tampers 6 .8 4 .3 5 machines, well points *. . Roller .3 5 .0 5 6 .7 4 .3 5 .3 5 GROUP.9 - Rollers, asphalt spreaders, bull float finishing machines, concrete Air Compressors, Pump, Welding .0 5 spreaders, concrete finishing machines, fine graders concrete machine well points 6 .6 6 5 .3 5 .3 5 .0 5 T \° 'ir°vTr,driVen Vheel GC0°PS nnd scrapers (under 50 cu. yds., struck Apprentice Engineers: o r^ °if^ ty^ bladG Sr°dcrs, bulldozers, motor graders Firemen GROUP 1 1 - F ir e m e n 6 .2 0 .3 5 .3 5 Truck crane oilers .0 5 6 .0 5 .3 5 .3 5 Oilers .0 5 6 .0 0 .3 5 .3 5 TRUCK DRIVERS: .0 5 Dump trucks 2 .7 5 .1 2 c

* 44451

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44452 44452 Page. 8 Page. 7

3 Of 3 DECISION NO. PC-75-3099 DC-75-3099 2 of 3 DECISION NO Fringe Benefits Poyrr Dosic Fringe Be noli > Payments Hourly Hourly Rotes HO Penef Vocation Apf. T H & W Pensions Vocation App. Tr. COMPRESSED AIR; (All rates per daji) Gauge Pressure Work Period Dump trucks over 8 wheels $2.85 : .12 C Pounds Flat trucks 2.85 .12 C Trailers 2.95 .12 C From 26 to 32 4 hours $86.09 .03 Fuel and Oil trucks 2.75 .12 C From 32 to 38 3 hours 89.44 .03 Euclids 3.10 .12 C From 38 to 44 hours 92.77 .03 LABORERS: Open Cut: Laborers, Jackhammer, Rammers and Spaders 5.78 .28 .25 .03 Timbermen Sheeting-men, Shoring FOOTNOTES: ' men, Caulkers, Pipelayers' a. Employer contributes $2.24 per Jay to Hep lth and Ilei fare. Helpers 5.93 .28 .25 . .03 .03 Bottom Man 5.83 - .28 .25 b. Employer contributes $2.00 per lay to Pens ion.. Wagon Drillers, Air Track .03 Drillers 6.13 Í28 .25 c. $4.00 per week when employee hi worked 1 10 days ) dwork three days .25 .03 Pipelayers 6.13 .28 in any work week. Rock Drillers 5.88 .28 .25 .03 THnne1: Brakeman, Bull Gang, Dumper, Trackmen , Concrete Man 6.415 .28 .25 .03 Chuck Tender, Powder in Prime House, Form Setters and Movers, Nippers, Cablernen, Hosemen, NOTICES Grout Men, Bell or Signal Men, TTop or Bottom, Vibrator Operator , Caulkers' Helpers 6.715 .28 .25 .03 Miners, Rodmen, Re-bar under- ground, Concrete or Gunite Nozzlemen, Powermen, Timberman and Retimberman wood pr steel including liner plate or any other support material, motor- man, Caulkers, Diamond Drill, Riggers, Cement Finishers (underground), Welders and Burners, Shield Driver 7.365 .28 .25 .03 Mucking machine Operator (air) 7.615 .28 .25 .03

COMPRESSED AIR: (All rates per day Gauge Pressure Work Period Pounds From 1 to 14 7 hours .72.74 a b .03 From 14 to 18 6 hours 76.08 a b .03 From 18 to 22 • 5% hours 79.41 a b .03 From 22 to 26 5 hours 82.76 a b .03

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26. 1975 5-d Ic ,—3- V Page 9 f>C-75-3099 — --- Boiic Fring« Benefits Payment* Hourly Rates HIGHWAY CONSTRUCTION H & W Pensions Vocation App. Tr. Other«

Asphalt shoveler $6.30 .22 .25 Asphalt raker. 6.50 .22 .25 Asphalt tamper 6.1*0 .22 .25 Bricklayers 9.85 .60 .60 .10 Carpenters 9;55. .50 .49 .07 Cement masons 6.75- .22 .25 Concrete saw operator ; 6.50 .22 .25 Concrete shoveler 6.1*0 .22 .25 Form setter 6.75 .22 .25 Laborers: • • Laborers 6.25 .22 .25 Jackhammer 6.1*5 .22 .25 Hand burner operator 6.1*0 .22 .25 Power Equipment Operators: Concrete spreader operator, finishing machine, roller (rough), compressor, rubber tired loader (l-^ cu. yds., or less), asphalt plant mixer 6.50 .22 .25 Loader operator tracks ($.-% cu. yds. or less), burner planer, bulldozer, i mechanic or welder, rubber tired loader (over X—% cu. yds.) 6.70 .22 .25 Asphalt spreader, hydraulic backhoe (i cu.yd., or. less), asphalt plant engineer, asphalt roller op., j concrete breaker (machine) 6.75 .22 , .25 Crane operator, concrete paving op. 1 I 6.90 .22 .25 NOTICES Shovel operator , 7.00 .22 .25 Gradall operator (1-^ cu. yds., or less), motor grader, loader op.

tracks (over —% cu. yds.) 1

2 ro

7.65 .22 VJ G-1000 Gradall operator (over 1-^ cu.yds.) 7.90 .22 .25 Power broom, oiler 6.1*0 .22 .25 Sand setter 6.75 .22 .25 Truck Drivers: Truck drivers (standard) 6.25 .22 Tandem .25 6.37 .22 .25 Tractor trailer (capable of moving heavy equipment) 6.75 .22 .25

, 44453

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 SUPERSEDEAS DECISION

STATE: Kentucky . COUNTY: Boyd Page__2_ DECISION NUMBER: KY75-1100 DATE: Date of Publication Supersedes Decision No. AR-4047 dated November 1, 1974, in 39 FR 38824 DESCRIPTION OF WORK: Building Construction (excluding single family homes and garden type apartments up to and including 4 stories.) KY75-1100 (Cont d) Bosic Fringe Benefit! Payments Rotes H & W Pensions Vocation , App. Tf. Bosic Fringe Benefit Poyment* Within a 5 mile radius of 17th H & W Pensions Vocation Tr. Street and Winchester Avenue, Rotes Ashland $8.91 .50 .85 c+1.00 .10 ASBESTOS WORKERS $10.65 . 35_ .35 .03 Over 5 mile and within a 15 mile BOILERMAKERS-Blacksmiths 8.55. .60 .80 .02 radius of 17th Street and 9,11 .50 .85 c+1.00 .10 BRICKLAYERS: Winchester Avenue, Ashland Over 15 and within 30 mile radius Bricklayers 9.86 of 17th and Winchester Avenue, Stone Masons . 9.86 9.31 ' .50 .85 c+1.00 .10 CARPENTERS: Ashland Carpenters 8.91 .40 .50 .03 Over 30 miles radius of 17th Street and Winchester Avenue, Millwrights 9 98 .40 a37 .03 9.41 .50 .85 c+1.00 .10 Piledrivermen 9.20 .40 .50. .03 1 Ashland 8.82 .45 CEMENT MASONS 10.11 • 01 ! ROOFERS 9.32 .45 .40 .05 ELECTRICIANS: i SHEET METAL WORKERS 8.91 .40 .50 .03 Electricians 9.80 .30 17.+.32 1.02 .04 j SOFT FLOOR LAYERS 10.55 .50 .80 .08 Cable Splicers 9.79 .30 17.+.32 1.02 .04 SPRINKLER FITTERS ! WELDERS - Receive rate prescribed :or Linemen 8.31 .25 17.+.27 1.02 .02 . ■ j craft performing operation to Groundmen 6.65 .25 17.+.27 1.02 .02 which welding is incidental Cable.Splicers 9.14 .24 17.+.27 1.02 j ELEVATOR CONSTRUCTORS 9.38 -.445 .29 Vt-a+b .02 ELEVATOR CONSTRUCTORS' HELPERS 707„JR .445 .29 %+a+b .02 j FOOTNOTES : ELEVATOR CONSTRUCTORS' HELPERS a. Six Paid Holidays: A through F (PROB.) 507. JR b. Employer contributes 47. of regu ar hourly rate to Vacation ’ay Credi .for IRONWORKERS: employee who has worked in busii ess more than 5 ye ars. Emp oyer con ributes Structural, Ornamental, 27. of regular hourly rate to Vac ation Pay Credit far employ ie who wo: ked in S 3 3 I1 0 N Reinforcing 10.26 • .65 .70 .01 business less than 5 years. LATHERS 7.865 .10 LEADBURNERS 8.25 .30 d .01 c. Two Paid Holidays: C and F. PAINTERS: ‘ ■ Commercial: |'d. Nine Paid Holidays: A through , plus W shington* a Brithda ’, Good -F iday and Brush 6.97 Christmas Eve providing employe has worl.ad 45 ful L days du ■ing the 20 Roller 7.13 calender days prior tb the holi ay and t)>e regular schedule 1 work da s | Spray 7.49 immediately preceding and folio: ing the îaliday. 1 Industrial: i Brush 7.24 Spray 7.44 PAID HOLIDAYS -Indepen« lance Day D-Labor lay; ! PLASTERERS , 10.11 .01 A-New Year's Day; B-Memorial Day; E-Thanksgiving Day; F-Christmas Da •

*

FEDERAL REGISTER, VOL. 40, NO. 188— FRIC SEPTEMBER $6, 1975 Page__ 3_ Page U

KY75-1100 (Cont d) KY75-1100 (Cont d) Bosic ■ ♦ Fringe Benefits Payments Fringe Benefits Payments Hourly Hourly Rates H & W — Vocation App. Tr. Hotel H & W j Pensions Vocation App. T..

Group 1 $6.57 .25 . .25 1 Group 2 6.72 .25 .25 POWER EQUIPMENT OPERATORS: Class A Group 3 6.74 .25 * .25 $9.20 .30 .30 Class B .05 Group 4 6.77 .25 .25 7.06 .30 .30 Class C .05 Group 5 6.82 .25 .25 6.48 .30 .30 .05 Group 6 7.07 .25 .25 i Group 7 7.27 .25 .25 Group 8 7.77 .25 .25 POWER EQUIPMENT OPERATORS

. Class As Auto Patrol, Batcher Plant, Bituminous Paver, Cableway, Cehtral Compressor Plant, Clamshell, Concrete Mixer (21 cu. ft. or over), Concrete LABORERS Pump, Crane, Crusher Plant, Derrick, Derrick Boat, Ditching and Trenching Machine, Dragline, Dredge Operator, Dredge Engineer, Elevating Grader and Group Laborers, Carpenters' Helpers, Concrete Men, Wreckers, Wall Men, all types of Loaders, Hoetype Machine, Hoisting Engine (2 or more drums) Handlers of empty oxygen and acetylene bottles Locomotive, Motor Scraper, Carry-all Scoop, Bulldozer, Heavy Duty Welder Mechanic, Orangepeel Bucket, Pile Driver, Power Blade, Motor Grader, Roller Group 2: Hod Carriers, Mortar Men, Cement Finishers' Helpers, Lathers and {bituminous), Scarifier, Shovel, Tractor Shovel, Truck Crane, Winch Truck. Plasterers' Tenders Push Dozer, Highlift, Forklift (regardless of lift height), all types of Boom Cats, Core Drill, Hopto, Tow or Push Boat, A-Frame Winch Truck, Con­ crete Paver, Gradeall, Hoist, Hyster, Pumpcrete, Ross Carrier, Side Boom, Group 3: Wrapping, Heating and Applying hot and cold tar on all pipes, NOTICES Applying tape on pipes and operating of Tester Tail Boom Rotary Drill, Hydro Hammer, Mucking Machine, Rock Spreader attached to equipment, Scoopmcbile, KeCal Loader, Tower Cranes (French, German and Group 4: Deck Hand and Scow Men other types), Hydro Crane, Backfiller, Gurries, Sub-grader

Group 5s Jackhammer and Electrical, gas or air power driven tools, Burning Class B: All Air Compressors, (600 cu. ft. per min. or greater capacity), Torch, Wagon Drill Operators and Tile Layers, Handling or all creosote Bituminous Mixer, Joint Sealing Machine, Concrete Mixer (under 21 cu. ft.), material, Signal Men, Tool Room Men, Asphalt Raker and Sandblasters Form Grader, Roller (rock^, Tractor (50 HP,P and over) Bull Float, Finish Machine Outboard Motor Boat, Flexoplane, Fireman, Boom type Tamping Machine, Group 6: Rock and Powdermen Truck Crane Oiler, Greaser on grease facilities servicing heavy equipment, Switchman or Brakeraan, Mechanic Helper, Whirley Oiler, self-propelled Com­ Group 7: Sand Hog or Mucker, Tunnel Miners pactor, TraCtair and Road Widening Trencher and Farm Tractor with attachments except Backhoe, Highlift and End. Loader, Elevator (regardless of ownership Group 7: Caisson’Workers when used for hoisting any building material), Hoisting Engine (one drum or buck hoist), Well Points, Grout Pump, Throttle-valve Man, Tugger, Electric Vibrator Compactor

Class Cs Bituminous Distributor, Cement Gun, Conveyor, Mud Jack, Paving Joint Machine, Roller (earth), Tamping Machine, Tractors (under 50 H.P.), Vibrator, OUctf Concrete Saw, Burlap and Curing Machine, Hydro-seeder, Power Form Handling equipment, Deckhand Oiler, Hydraulic Post Driver and Drill Helper 44455

FEDERAL REGISTER, VOL. 4Q, NO. 188— I SEPTEMBER 26, 1975 4456 P a g e _____g.

KT75-1100 (Cont d) Bosic Fringe Benefits Payments Hourly Rotes H & W Pensions Vac 0t Ion APP- Tf. j TRUCK DRIVERS : â b .50 j Group 1 $7.57 a b .50 • Group 2 7.67 a b .50 I Group 3 7.82 a b .50 Group 4 7.87 a b .50 Group 5 8.22 a b .50 Group 6 7.97' a b .50 Group 7 7.92 1 ... . TRUCK DRIVERS

Group is Warehousemen,- Yardmen, Truck Helpers, Pickups, Station Wagons, Panel Trucks, Flatbody material trucks (straight jobs),, Greasers, Washers, Tiremen, Gas Pump Attendants, Dump Trucks (up to 5 cu. yds.)

Group 2: Tank Trucks (straight)

Group 3‘s Dump Trucks (5 cu. yds. or over), Semi-dump Trucks, Semitrailers whether Flat, Rack or Pole and hauling or pushed by trucks or tractors, Agitator or Mixer Trucks (up to 5 cu. yds.), Farm type Tractors, Tank Truck (semi) NOTICES Group 4: Lowboys Trailers, Winch Trucks, Fork Trucks, Distributors Trucks (front and back end), Truck Cranes, Monorail

Group 5: Euclids, Dumpsters, Turnarockers, Ross Carriers, Athey Wagons or similar equipment, A-Frame, Hydro-lifts, Dual purpose trucks and Mechanics

Group 6: Agitators or Mixer Trucks (5 cu. yds. and over)

Group 7: Material Checkers and Receivers Mechanics Helpers

FOOTNOTES! a. $58.30 per month for employees employed over 30 days or more. b. $34.67 per month for employees employed over 30 days or more.

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 SUPERSEDEAS DECISION

S i o / Ä KY75-1096 S IEDateSof S t a t i o n S m O N ^ Ä : ^ Ìn 39 397°3

^Counties t KY75-1096 - Cont' d) Boone, Campbell, Kenton, Bosic Fringe Bene its Payments Basic Fringe Benef ts Payments and Pendleton Hourly Hourly H & W LABORERS notes Pensions Vocation App. Tr. Rates HAW Pensions Vocation App. Tr.

Bricklayers 10.895 GROUP 1 7 . 1 2 1 . 1*5 •35 .01 .55 .1+0 •05 Carpenters GROUP 2 7 . 21*5 .55 .1*0 Cement masons 10.55 ■ . 1*5 •55 .025 GROUP 3 .05 8.83 • 50 7 .3 2 .55 .1*0 Electricians: .02 GROUP 1* .05 7.1*7 .55 .1+0 •05 Wiremen, Linemen 10.80 GROUP 3 7.77 •55 .1*0 j Cable splicers ' .1*0 i% f.5o 4 o f 1% •05 10.80 . 1*0 • Groundmen 156*-'. 50 £ o f 8.10 .1*0 Ironworkers: 1&-.50 h o f 196 Structural and ornamental « 1 1 1 Laborers (construction), plant laborers or yardmen, right-of-wav Reinforcing 10. 51*5 .65 .70 .03 Painters: 10.51*5 .65 • 70 .03 ; Brush and roller =k s ”**-■ — j Sandblasting 9 .9 5 • 15 10.60 • 15 j Spray 10.20 • Painters, bridge: •15 I Brush, roller 10.10 S X T o o irS .'S o te irS rl PUdJ1” ' **«*' **” (pip.ll»), all .«chi», j Sandblasting, hoppertender 15 and waterblasting 10'. 60 “ d ! Bridges, when highest point of • 15 clearenoe is 60 ft . or more 11.10 h'1W ' (pip.ll"«), concrete ... i m , S E TIC O N Sandblasting, hoppertender, • 15 waterblasting (bridges when highest point of clearence is repairing and reconditioning), tunnel laborer (withmi+ \ » °^e^rllnS> cofferdam (below 25 fee, deep), M r track and wa^n t o S 0r*’ 60 ft . or more) 11.60 Piledrivermen .15 10.55 • 1*5 •55 .025 Pipefitters 10.70 Plumbers •50 1.25 .05 S n r^p iS S ^,^sn op ”? iS k*rSl *"”oher l e i » « , « d 10.92 . 1*0 Sprinkler fitters 1.15 • 05 10.55 •50 .80 .08 GROUP 5: Curb setter and cutter, ■tunnels u tility pipeline tapper, miner (without aid), concrete crew in Sunnite nozzle man, waterline caukler

* 1 44457

FEDERAL REGISTER, VOL. 40, NO. 188— 4 SEPTEMBER 26, 1975 4445 P.U P.3 NOTCES E TIC O N g

KÏ75-1096 - (Corit'd)

Fringe Benefits Payments HEAVY & HIGHWAY CONSTRUCTION Basic Hourly KY75-1Ö96 - (Cont d) ______Kentucky 3-TD-2-3-E ¡/Rotes H & W Pensions Vocation, App. Tr POWER EQUIIMENT OPERATORS: Basic Fringe Benefits Payments HEAVY & HIGHWAY CONSTRUCTION 9 .6H .lié .80 .11 Hourly CLASS A ^ Rotes H(W Pensions Vocation App. Tr CLASS B 9 .52 .I46 .80 .11 TRUCK DRIVERS; CLASS C 8.1+8 ' .I46 .80 .11 CLASS D 8.05 • 1+6 .80 .11 GROUP I 6 .I4I4: a b CUSS E 6 . 8Î4 ' .I46 .80 .11 GROUP I I 6.55 a b GROUP I I I 6 .73 a b CUSS A - Power Equipment Operators: Air compressor on steel erection, boiler GROUP IV 6.76 a b operator on compressor or generator when mounted on a rig, cableways, combina­ GROUP V 6.83 a b tion concrete mixer and tower, concrete plants (over It yd. capacity), concrete pumps, cranes (a ll types, including a-frames, boom trucks, cherry pickers), derricks, draglines, dredge (dipper, clam or suction), elevating grader or euclid loader, floating equipment (all types), helicopter crew (operator- GROUP I - Truck helper and warehousemen hoiqt or winch), hoes (a ll types), hoisting engines or shaft or tunnel work, hoisting engines, industrial type tractor, jet engine dryer (D8 or D9) GROUP I I - Driver, 3 tons and under, greaser, tire changer diesel tractor, locomotives (standard gauge), maintencence operator class A and mechanic helper mixer, paving (single or double drum), mucking machines, multiple scraper, piledriving machines (a ll types), power shovels, Quad 9 (double pusher), GROUP I I I - Truck mechanic, driver, over 3 tons, distributors, dump refrigerating machine (freezer operation), Rotary d rill on caisson work, truok and tandem axle, semi-Trailer or pole trailer when slip-form paver, survey crew party chief, tower derricks, tree shredder, used to pull building material or equipment trench machines (over 2I4" wide)," truck mounted concrete pumps tug boat, tunnel machine, wheel excavator - - GROUP IV - Driver on mixer trucks (a ll types)

CLASS B - Asphalt paver, automatic subgrader machine, self-propelled (CMI GROUP V - Driver, euclid and other heavy earth-moving equipment and type),'bulldozers, endloader, kolman laoder ( production type* - D irt), lead low boy, fork lift- truck when used to transport building grease man, maintenoe operators Class B,. power grader, power scoops and materialst pavement breakers, winch truck and A-Frame truok scrapers, push cat, trench machines ( 214." wide and under). when used in transporting materials

CLASS C - Air compressors on tunnel work (low pressure), asphalt plant FOOTNOTES: ’ engineer, locomotive (narrow gauge), mixers, concrete (more than on bag oapacity), mixers, one bag capacity (side loader); power boilers over 15 a. $13.50 per week for each employee who has been employed a minimum ]b. pressure, pump operator installing and operating well points, pumps of twenty (20 work days within any ninety ( 90) conseoutive day period (U" and over discharge), rollers (asphalt, u tility operator (small equipment), for that employer. welding maohines and generators b. Jll+.OO per week for each employee who has been employed in a minimum CLASS D - Bakofillers, bar, (joint and mesh installing chines, batch o f twenty (20) work days within any ninety ( 90) consecutive day period plant, bull floats, burpal and curing machines, compressors (portable, for that employer. sewer, heavy and highway), concrete plant (capacity U yd and under), concrete saw (multiple), conveyors (highway), crushers, deckhand, d rill, hgihway (with integral power), farm type tractors with attachments (highway), finishing machines, fireman, floating equipment•(a ll types), fork l i f t (highway), form trenchers, hydro seeders, plant mixers, post driver, post hole digger (power auger), power brush burner, pqwer form handling equip­ ment, road widening trencher, rollers (brick, grader, macadam), self-propelled power spreaders, self-propelled power subgraders, steam fireman, survey instrument man, tractor (pulling sheetfoot roller or grader), vibratory compactors (with integral power

CLASS E - Drum fireman (asphalt plant), helpers, inboard-outboard motor loat-launch, o il heatehs (ashpalt plants), oilers, power-driven heaters, pumps (under I4" discharge), signalmen, survey rodmen or chairman tire repqirmen

FEDERAL REGISTER, VOL. 40, NO. 188- SEPTEMBER 26, 1975 SUPERSEDEAS DECISION P. 2 STATE: Mississippi COUNTIES: Harrison, Hancock,

DECISION N O ^ MS75-1099 DATE: D a t e ^ f ^ b l i L S « 1 Supersedes Decision No#: MS75-1U13 dated January 31, 1975 In 40 FR 4&54 DESCRIPTION OF WORK: Building construction (excluding single family homes and garden type apartments up to and including A stories), and heavy construction. MS75-1099 - (Contro) Bosic Fringe Benefits Payments Fringe Benefits Peyir Hourly H & W Hourly Rotes Pensions Vocation App. Tr. Rote* Laborers (Cont d); vj" » Asphalt rakers, mason tenders, Hancock) 7 .2 5 •l+o .90 mortar mixers, masonry clean­ Asbestos workers (Jackson and ers, pipelayers, power saw j Harrison) 8.60 .395 • 75 c .02 oper., pipe wrapping, power •Boilermakers 7 .5 0 • 1*0 .9 0 • 02 post hole digger, railroad j Bricklayers: men, sandblasting, and vib­ sBricklayers 7 .9 0 • 15 rator-jackhammer; plasterer i Blockmasons tender * 7 .9 0 .15 M 5 .15 .10 . Caulkers & Pointers Lathers 7 .9 0 • 15 6.00 .1 0 .0 1 | Marble Masons 7.90 .15 Line Contruction: I Stonemasons Linemen 7 . 9O • 15 8-55 .2 5 196*-. 20 Plasterers 7 .8O .1 5 Cable splicers 8.80 .2 5 1?6f.20 Terrazzo workers 7.80 • 15 Painters (Jackson County): Tile setters 7.80 • .15 Commercial: Cement masons 7.28 Brush v. .15 5.83 .0 5 Carpenters: Roller 6.00 Carpenters - Spray .0 5 7 . 1 5 .20 6.68 .0 5 Soft floor layers 7 . 1 5 .2 0 Industrial: Millwrights Brush 7-1*7 .2 0 .0 5

Electricians: Spray & Sandblasting NOTICES Electrioians .05 8.55 .2 5 1961.20 I /896 Painters (Hancock, Harrison, Cable splicers 8 .8 0 .2 5 196)-. 20 1/896 & Pearl River Counties): Elevator constructors: , Commercial: Elevator .constructors 6 .8 9 .1*1*5 .2 9 296+a+b .0 1 5 Brush & roller 5-30 Helpers Spray .03 U.8 2 .10*5 .2 9 296*-a+b .015 6.55 • 03 Helpers (probationary) 3-10*5 Structural steel under 30': Glaziers 5 .0 0 Brush ■& roller $.5$ Ironworkers i Spray .03 6.55 .03 Jackoon & Harrison Cos (E. 1 Piledrivermen ' 8 .6 3 • 30 • 35 of Harrison Co. inol. Biloxi. Piledrivermen on creosote materia|L 8.88 .3 0 •35 Keesler APB, & towns of Plumbers & steamfitters • 8 .3 5 •31 .25 .01 Howison & Success): 1 Roofers: Structural, Ornamental, & Roofers 6.55 Helpers • 15 Reinforcing 8 .7 7 • 30 • 35 1+.1+0 Ironworkers: Kettlemen 5.OO Hancock & Pearl River Counties • Sheet metal workers 7.315 .2 5 •1*0 • 25 .10 & remaining portions of Sprinkler fitters 8.60 •50 • 70 Harrison COuntv; »08 Structural, Ornamental. & Reinforcing 8 .9 8 .3 0 Laborers: •35 Laborers l*.$o .1 0

j 44459

FEDERAL REGISTER, VOL. 40, NO., 188— 1 ’, SEPTEMBER 26, 1975 44460 P.3 P.U

MS75-1099 - (Cont'd) MS75-1099 - (Cont'd) Bosic Fringe Benefits Payments Bosic Fringe Benefits Payments Hourly Hourly Rotes H & W Pension 8 j Vocation App. Tr. TRUCK DRIVERS: Rotes H & W Pensions Vocation App. Ti. GROUP I 6.20 •30 .35 PAID HOLIDAYS: GROUP II 6.78 .30 • 35 A-New Year's Day B-Memorial Day C-Independenoe Day GROUP III 8.06 • 30 .35 D-Labor Day E-Thanksgiving Day F-Christmas Day GROUP IV 8.76 •30 • 35 GROUP V 5-U3 J .30 •35 GROUP VI 6.20 • 30 • 35 FOOTNOTES: GROUP VII 6.51 .30 •35 a. Holidays: A through F GROUP I: Truck drivers on equipment up to but not including 1-J tons, station b. Employer contributes l$> of regular hourly rate to Vaoation Pay Credit wagons, jeeps and automobiles, truck spotters, general warehousemen. for employee who has worked in business more than 5 years. Employer contributes 2% of regular hourly rate to Vacation Pay Credit for employee GROUP II: Truok drivers on equipment 1% tons and up to but not including who has worked in business less than 5 years. . 5 tons. o. Holidays: Labor Day, Mardi Gras Day, provided the employee works at GROUP III: Truck drivers on equipment rated 5 tons or 6 yards and-over, in­ least one day out of the 3 workdays prior to the paid holiday, and the cluding heavy equipment such as pole trucks, miss or coming wagons, dump­ first workday after the paid holiday. sters, semi-drivers, agitators, m s s carriers, demsey dumps, euolid trucks, forklift trucks in warehouse and similar equipment such as tractors, 10 NOTICES wheelers, jeeps or dump trucks or piokup trucks pulling two or four wheel trailers hauling equipment. .

GROUP IY: Mechanics

GROUP V: Truck helpers

GROUP VI: Truok helpers when unloading creosote or Coppertox Materials

GROUP VII: Mechanics.helpers

FEDERAL REGISTER, VOL. 40, NO. 188-----FRIDAY, SEPTEMBER 26, 1975 p. 5

MS75-1099 - .(cont'd) Bosic Fringe Benefit« Poyment« Hourly Rote* H & W Pension« Vocation A». Tr. POWER EQUIPMENT OPERATORS:

GROUP 1 8.2^ .30 .30 GROUP 2 7.30 .30 .30 GROUP 3 ' 7.05 • 30 • 30 GROUP k 6.50 .30 • 30 GROUP 5 5.70 • 30 .30 GROUP 6 5.70 .30 .30

GROUP 1: Engineer - operating under air pressure

GROUP 2: Mechanic

GROUP 3; - Air tugger (2 drum), asphalt plant, hakohoe, blacksmith, boom tractor, bulldozer, oentral mixing plant, cherry picker, olamshell, Crane, derrick, derrick boat, derrick car, dragline, dredge, elevating grader, excavator (power belt), fork­ NOTICES lift, hoist (2 drum) locomotive engineer, marine engineer (chief), master pilot, mixermobile, motor patrol & similar type equipment, paver (21 C.F. or larger), piledriver, recharger, roaming greaser (1st), scoop (skimmer), scraper, shovel, trenching machine (over 18" bucket line width), toumapull, DW-10 & similar pulltype scrapers, traxavator and similar endloaders, welder, welding machines or S/V pumps (2 to 6), well driller, well point pumps

GROUP U: Air tugger, asphlat spreader (bituminous distributor) asphalt spreader (bituminous mixer), backfilling machine, conveyor, drill (earth), finishing machine, fireman, heating plant, hoist, marine engineer (assistnat), mixer, payloader, and similar endloaders, pilot, power generating.plant, pump (concrete), roller, scoopmobile, tractor (with power take-off), trenching machine (18" or smaller bucket line widtfy), tugboat, well driller (1st helper), winch truck

GROUP 5: Ait compressor, form grader, locomotive hostler, mechanic helper, oiler (truck crane) pump, routineck, tractor (without attachments), welding machine

GROUP 6; Batch scale,.deckhand, motorboat (in or outboard), oiler, soowman 44461

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44462

SUPERSEDEAS DECISION

STATE: Pennsylvania COUNTIES: Cameron, Clarion, Clearfield and Jefferson Page DECISION NO.: PA75-3093 DATE: Date of Publication Supersedes Decision No. PA75-3021, dated March 28, 1975, In 90 FR 12997. DESCRIPTION OF WORK: Building construction, (excluding single family homes and garden type apartments up to and including 9 stories). DECISION NO. PA7S-3093 Fringe Benefits Poyments Fringe Benefits Payment Hourly Hourly Rotet H & W Pension, Vocotlon App. T Rotet LABORERS (CONT'D): (Includes drill mounted truck, ASBESTOS WORKERS $ 9.92 ,35 .70 track or similar) sheeters and BOILERMAKERS 9.07 77. 7% .01 shores, vibrator operators, BRICKLAYERS & STONEMASONS: power tamper operators, y-gun, Cameron County 9.755 .95 .70 burnerciittlng torçh, carryable 9.65 .95 .95 Rmalnging Counties pumps, chain saw operator, pipe CARPENTERS & SOFT FLOOR LAYERS 8.65 57. 77. 67. 20%ofl% layers, all material conveyors 9.35 67. 16% CEMENT MASONS and elevators, signal man, walk ELECTRICIANS: behind fork lift or similar, Cameron County 9.05 .95 17.+.25 1% whacker, sand blaster, main­ Remaining Counties 10.10 .35 , 204-17. .60 .05 tenance man, west brick buggies ¡ELEVATOR CONSTRUCTORS 9.59 .995 .29 3%+b+c .02 or similar, scaffold builder for !ELEVATOR CONSTRUCTORS HELPERS 6.68 .995 .29 37.+b+c .02 plasterers' regardless of 'ELEVATOR CONSTRUCTORS HELPERS height, hod carrier, plasterer (PROB.) 9.77 tender, form cleaning machine IRONWORKERS: operator, plaster applicating Clarion County 9.595 ,785 .905 .03 and/or pump machine operator, Remaining Counties 9.08 ,70 .81 .09 paving breaker, asphalt raker, LABORERS:

lancer, berffx cutting tool, NOTICES Clearfield County.: gunnite potman, blacksmith, Building Laborer 6.78 ,90 .50 tool dresser (cable tools) $ 7.67 .90 .50 ht Plasterer tender 6.83 ,90 .50 Blasters, wagon drill operator, Cameron County: drill runner, gunnite nozzle Common laborer, carpenter tender man, grout machine operator, scaffold builder for masons, walk behind power roller and window cleaner, form stripper temper, walder, driller (cable and mover, scaffold and runways tools) 8.22 .90 .50 ht building material handlers Remaining Counties: (Loading and Unloading), con­ Laborers, carryable pumps, west crete pitman, puddler, mason brick buggy or similar vibrator te^.Jer .90 ,50 ht operators, walk behind forklift Mechanical tampers (power) or similar (non self-propelled), powered wheelbarrows and buggies stripper & mover of form», & workllfts,. sweepers and cement masons, footers, window similar, mortar mixer, bell cleaner,'toll room man, all bottom man on furnaces and material conveyor (regardless of stacks, jackhammer man, concrete power used, incl. starting & buster, wagon drill helper, stopping) , 7.90 .90 .50 concrete saw operator, blaster's helper, drill runner's helper

FEDERAL REGISTER, VOL. 40, NO . 188— FRIDAY, SEPTEMBER 26, 1975 e DECISION NO. T A T S -T fl«}! DECISION NO. PA7S.^tn

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44464 Page 5

Page 6 DECISION NO. PA75-3093______■ N

FOOTNOTE: a. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day. DECISION NO. Thanksgiving Day, Christmas Day and Veterans Day and Good Friday, provided Bosic Fringe Benefits Payments the employee is available for work the day before and the day after the Hourly holiday and has been employed by the employer a minimum of AO hours each Rotes H & W Pensions Vocation j Apt. Tt. calendar month for two consecutive months. TRUCK COUNTY (CONT'D) Cameron County: CLASSIFICATIONS DEFINITIONS Trucks up to 30,000 lbs. (includes pickups, fuel and Class 1: Warehouseman, Chauffeur, and Ambulance Driver, Service Truck (pickup, water trucks), warehousemen $ 7.20 .20 .20 Jeep, Busses, Station Wagon, Panel truck, Escort Vehicle, including Fuel and Trucks over 30,000 lbs. Water Trucks) i (includes fuel and water trucks 7.30 .20 .20 Class 2: Dump and Flat Top (including Fuel and Water Trucks, Fork Lift in Ware Tri-Axle Trucks over 30,000 lbs. house or job site storage area and single Axle Trucks with power tailgate); (includes fuel and water tri Distributor Truck over 33,000 lbs. gross weight (Oil, Tar Asphalt products trucks 7.A0 .20 .20 Two man operation, Both men) | Low Boy 7.50 .20 .20 1 Concrete Mixer Trucks 7.35 .20 .20 Class 3: Transit Mix, Single Axle Concrete Mixer Trucks (Tri-Axle) 7.A5 .20 .20 Semi-Trailer 7. A0 .20 .20 Class Transit Mix, Tandem Earth Moving Equipment up to 35 Ton (Belly Dump, Side Dump, Class 5: Heavy Duty Tractor and Trailer with High Bed, A wheels ; End Dump, etc.) 7.70 .20 .20 .Earth Moving Equipment over Class 6: Heavy Duty Tractor and Trailer with Low Bed, 6 to 16 Wheels and Pole 35 -Ton (Belly Dump, Side Dump, Trailer and Wide Load End Dump, etc. 7.80 .20 , .20 NOTICES A-Frame and Winch Trucks (when Class 7: Distributor Truck up to 33,000 lbs. gross weight (Oil, Tar Asphalt used for hauling material on products) One Man Operation; Truck with Dolly and Scissor Truck; Truck with bed of truck) 7.A5 ' .20 .20 Dump Trailer or Tandem, including Fuel and Water, Tandem Axle Truck with Distributor Truck (Oil, Tar, power Tailgate and Scissor Truck; Euclids or Equivalent. Tri-axle including Asphalt, etc.) 7.70 .20 .20 Mixer, drivers towing equipment Clearfield and Jefferson: Service, dump, flat top, jeep, Class : Winch Truck and Form Truck 8 fuel and water 5.A6 g h Transit mix, dump trailer, winch truck- 5.5A g h Euclids, & tractor trailer 5.61 g h Helper 5.36 g h i Welders - receive rate prescribed for craft performing operation to which welding is incidental.

FEDERAL REGISTER, VOL. 40, NO. 188— I SEPTEMBER 26, 1975 J Page

DECISION NO. PA75-3093 DECISION NO. PA-75-3093 PAID HOLIDAYS: (Where Applicable) A-New Year's Day; B-Memorial Day; C-Independence Day; D-Labor Day; E-ThanksiH vi.. F-Christmas Day. ; PA-U2-FE0-1- I BUILDING CONSTRUCTION ; Basic Fringe Benefits Payments , FOOTNOTES; POWER EQUIPMENT OPERATORS Hourly a. Employer contributes $45.00 per year. Rates H & W Pensions Vocation App. Tr. b. Employer contributes 47 of basic hourly rate for 5 years or more of service or 27. basic hourly rate for 6 months to 5 years of service as Vacation Pav CLASS 1 $10. 625 Credit. •5o .60 .09 CLASS 1-A 10. 875 .5 0 .60 .09 CLASS 1-B c. Paid holidays: A through F. 11.125 •5o - .60 .09 CLASS 1-C I T . 375 .5 0 .60 .09 CLASS 2 11.475 • 5o d. Nine paid holidays:' A through F and Washington's Birthday; Good Friday and .60 .09 Christmas Eve provided the employee has worked 45 full days for the CLASS 3 9. 35 • 50 .60 .09 employer during the 120 days prior to the holiday and is available for work CLASS k 8. 70 • 50 .60 the days preceding and following the holidays. CLASS 5 • 09 7.65 • 50 .60 CLASS 6 • 09 7.95 •50 .60 .09 e. Paid holiday Labor Day provided the employee has worked six calendar months, CLASS 6.-A 8. 05 • 5o .60 and appears on the payroll during the pay period in which the Holiday occurs. CLASS 6-B .09 8. 20 •5o .60 .09 f. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day & Good Friday, provide the employee is available for work the day before and the day after the holiday and has been employed by the employer a minimum of 40 hours each calendar month for two consecutive months.

$37.61 pe r month. NOTICES NOTICES h. $8.00 per week. 44465

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44466 44466 DECISION NO. PA-75-3093 PAGE__10 DECISION NO. PA-75-3093 PAGE___9 CLASS U: Ballast regulator, boring machines, broom power (except push type), CLASS 1: Austin-Western or similar type up to 2$ ton, auto grader ( C M or compressor-single (regardless of power used), conveyor-over 1 and up to 3 units - pi mi i arj , backhoe, Latch plant, cahleway, caisson drill, central mix plant, (regardless of power used), form line machine, generator (over 5KW) hoists cranes (excluding overhead^, cranes tower (mobile), crane tower (stationary), monorail (regardless of power used), hoist roof (regardless of power used) crane tower (climbing type), derrick traveler (self-propelled), derrick (all hunk machine or similar type, mixer concrete (regardless of power used), mixer types), derrick boats, dragline, dredge, engineer-maintenance franki or simi­ mortar-over 10 c.f. (regardless of power used) pump (over '1--^" discharge, re­ lar type pile driver, gradall (remote control or otherwise), helicopter & gardless of power (used) spray cure machine (power driven) steam Jenny (or helicopter hoist when used for erection purposes), hi-lift 1| yds. or over, similar type) syphon (steam or air) welding machine single (300 Amp or over) hoist-hod (2 cages up to 10 floors), hoisljfsingle cage with Chicago boom at­ plant, private or industrial air or stream valve tached, hoist (50 ft. or over), hoist (slipform jobs), hop-to or similar type with 180 swing, hop-to or similar type with 360 swing, kocal, koehring CLASS 5,: Compressor - 65 c.f. or under (regardless of power used) conveyor 1 scooper, metro chip harvester or similar type, mix mobile or similar type unit (regardless of power used) heat-up to & including 6, jack motor, hydraulic (with self-loading attachment), mix mobile or similar type, mucking machine (single type) power,driven, ladavator, mixer mortar (10 c.f. or under, mulching (tunnel), mutiple bowl machines, pile driver (sonic or similar type), post machine, pin puller (powered), pulverizer, pump-1^" discharge or less, seeding driver-guard rail (truck mounted), post driver-guard rail (skid type), pumpkrete- machine, spreader side delivery shoulder (attachment tie tamper (multiple mobile or similar type, Quad Nine, shovels (all type), slip form paver (CMI or heads), tractor farm (when used on landscaping) water blaster, oilertruck crane similar), tractors-boom mounted (all type?), tractors (all types with hydraulic 50 ton or over backhole attached), tug boat, Whirley CLASS 6: Brake man, deck hand, helicopter, signalman, oiler, mechanical helper CLASS 1A: Austin-Western or similar type up to 25 ton with jib, Austin- Western or similar type 25 tons or over with jib,.cranes (boom or mast 100 ft. CLASS 6A: Crane truck oiler and fireman or over up to & including 150 ft.), cranes-mobile (any type 15 ton or over placed on any building structure CLASS 6B: Oiler - truck crane 50 ton or over

CLASS IB: Cranes (boom or mast over 150 ft. up to & including 200 ft.) engin­ eer-lead

CLASS 1C! Cranes (boom or mast over 200 ft.)

CLASS 2j Asphalt plant op., athoy loader, auger-truck, truck or tractor

mounted, back-filling machine, boat-material or personnel carrying (powered), NOTICES boat-job work (inboard or outboard), bulldozer, cable layer, comapctor with blade, oompressors-2, compressor and air.pump, compressor and air tugger, com­ pressor & gunnite machine (combination), compressor & sandblasting machine (combination), concrete bolt placer, crane-overhead, crushing and scrooning plants, drillcore (truck or skid mounted) drill-Davey or similar type, drill- well & core (truck mounted), elevator euclid loader, excavating equipment (all other), grader, grader-elevating, greaser-equipment (hoad), hi-liftless than U yds., hoist-one drum (U floors or over), hoist-hod (bldgs., U floors or more), hoist (2 drums or more in one unit), jumbo op., locomotive, lift slab machine (hydraulic), mixer-paving musking machine, pipe cleaning machine, refrigeration plant, ross carrier (or similar type), scoop (single bowl) self-powered & tractor drawn), spreader-concrete, asphalt and stone, tower mobile (hoisting or lowering material, trencher, welding machines (up to two small machines, grout pump (10 H.P. or over) paver op., asphalt (spreader), pumpkrete machine op.', (stationary), tire repairman, welder (repairman)

CLASS 3: Oiler, compactor (ridden or silf-propelled) concrete finishing machine & spreader, crane, carry, curb builder ( self-nropelled), drill well and horizontal (self-propelled and self-contained, elevator, forklifts (ridden or self-propelled, hoist one drum (regardless of power used), pavement breaker (self propelled or ridden), pipe dream, roller saw concrete, soil stabilizer (pump type), stone crusher, stone spreader self-propelled tractors (when used for snaking and hauling), tube finisher C.M.I. or similar type, tugger", truck winch truck or hydraulic boom (when hoisting and placing), all other equipment

FEDERAL REGISTER, VOL. 40, NO. 188— I ’, SEPTEMBER 26, 1975 SUPERSEDEAS DECISION P a g e 2 * STATE: Rhode Island COUNTY: Newport RI75-2U1 DECISION NUMBER: RI75-2111 DATE: Date of Publication Supersedes Decision No. RI75-2090., dated July 3, 1975 In 40 FH 28365. DESCRIPTION OF WORK: Building (including residential), Heavy, Highwav and Marine- Construction.

3-RI-1-N 1 of 3 Basic Fringe Benefits Payments Basic BUILDING CONSTRUCTION BUILDING CONSTRUCTION Fringe Benefits Payments Hourly Rates H & W Pensions Vocation App. Tr. Rotes H & W Pensions Vocation A... Tr. Marble setters, terrazzo worker Asbestos workers $ 9.32 *.71 .83 and tile setters Boilermakers 10.00 .60 $ 9,35 .65 .55 10$ .01 Marble, tile and terrazzo helpers Bricklayers, stonemasons 7.23 .5 0 9.15 .65 ' .55 .01 Lead burners 9.25 .35 C .0 1 Carpenters: Painters: • L ittle Compton, Tiverton: Little Compton & Tiverson Twps.,: Carpenters & soft floor layers 8.95 .50 .65 .02 Brush 7.78 .6 2 8.75 • 60 .50 .07 .1)5 '.01+ Remainder of County: Structural steel & str. steel spray Carpenters and soft floor layers 8.48 .60 .40 10.88 .6 2 .85 .01+ .02 Spray (other than steel) 8.78, Millwrights ?-nd piledrivermen 9.08 .60 .40 .02 .62 .45 .01+ Cement masons; Remainder of County: 8.85 .50 .35 Brush and roller Electricians: 8 .6 5 .5 5 .5 5 Structural steel & steam clean­ Little Compton, Tiverton,N.Tiverto i 9.00 1$+.25 ¥ . ¥ ¥ ing Remainder of County: 3 .9 0 • 55 .5 5 Spray & sand or water blasting Building 9.40 .48 1%+.90 .02 and Pot man up 9 .6 5 .5 5 .5 5 Residential- to and including Air power bursh 9 .1 5 : .5 5 .5 5 3. stories 6.00 • 38 1$ .02 Plasterers 8 :8 5 .50 .35 Elevator constructors 9,39 • «1*1:5 .29 35^+a+b .02 Plumbers 9 .9 4 .75 .70 .0 7 Elevator constructors' helpers 70JÜR .14*5 .29 3?i+a+b .02 Roofers: Elevator constructors' helpers Composition, waterproofers (Prob.) 50$JR 9 .2 0 .1)5 • 25 \ .14+5 .29 3^+a+b .02 Slate, tile,precast concrete Glaziers 8.68 1 0 25 9 .4 0 .1)5 .25 •1)7 . + +. .01 Helpers, Class "A" Ironworkers: 8 .3 5 . .1)5 .25 Helpers, Class "A" S tr., O m . , & reinforcing 7.B0 .1)5 • 25 8.73 .55 . 90+.50 .05 Sheet metal workers [laborers: 9.53 .66 • 75 . 01+ Sprinkler fitters Laborers, Building: 9 . 6 k .50 • 70 .0 1 Steamfitters Laborers, Carpenters tender, 9 .8 5 .70 .91 .0 7 Truck Drivers, Building: cement finisher tender,mason Dumps & 2-axle equipment tender 7.50 .50 .1)5 .10 7.05 .1)8 .525 Jackhammers, paving breaker, chain Trailers & 3“axle equipment 7.13 .1)8 .525 saw Pipelayers, mechanical grin­ Low b e d trailers (2!+ tons & over, der, a ll other pneumatic tools, I-Beam trailers, Special earth moving equipment (Euclid type) barco type jumping tampers 7.75 .10 7.38 .1)8 -.525 .50 .1)5 • Euplid type equipment over 35 ton Air track, block paver, rammers, Capacity c-urbsetters 8.00 .50 .1)5 .10 7.63 .*1)8 .525' Powdermen and blasters 8.25 ,50 .45 .10 Welders - receive rate prescribed Laborers, signalmen (wrecking) .50 7.00 .1)5 .10 fair craft performing operation to .10 Adzman, burner, jackhammer(wrecki ->r.) 7.25- ,50 .1)5 which welding is incidental. tiathers 9.25 •1)5 SS line Construction: Linemen 9.36 .30 156 d Groundman 6.39 .30 1# d Equipment Operator 8.31+ .30 H . d Driver groundman 7.77 .30 1* d S33IJLON

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 M ïft 44468 Page 3 Page 4

RI75- 21)1 R175-2111

PAID HOLIDAYS: 3-RI-1-N

3-RI-2-3-l)-Z 1 of 2 PAID HOLIDAYS: Basic Fringa Banali S Payments A-New Year;s Day; B-Memorial Day; C-Inclependence Day; D-Labor Day; E-Thanks­ HEAVY. HIGHWAY & MARINE giving Day; F-Christmas Day. CONSTRUCTION Ratas H & W Pansions Vacation Ap,. Tt. FOOTNOTES: ' ' Bricklayers, stone masons, catch a. Employer contributes basic hourly rate for 5 years or more of service ' basin, manhole builders « 8.67 .55 .1)0 ' .01 or 2$ basic hourly rate for 6 months to 5 years of service as Vacation Carpenters, dock builders, p ile- Pay Credit. drivers : L ittle Compton, Tiverton 8.85 .30 .30 b. Holidays: A through F. Remainder of County 8.75 .25 .25 .01 Cement masons 7.25 ♦5° .35 c. Holidays: . A through F, Washington's Birthday, Good Friday and Christmas Electricians: Eve providing employee has worked U5 fu ll days during the 120 calendar L ittle Compton, Tiverton 9.00 1$ 15É+.25 1* Days prior to the holiday,and the regular scheduled work days immediately Remainder of County 8.80 .38 1 ^ .5 0 .02 preceding and following the holiday* Ironworkers: Str., Oraa. &Reinf. 8,73 .5 5 . 90+.50 .03 Laborers: d. Holidays: A through F;, Columbus Day provided employee has been employed Laborers, carpenter & oement fin i- 5 working days prior to the holiday and provided the employee works the 3her tenders & wrecking laborers 7.50 .50 .1)5 .10 scheduled work days immediately preceding and following the holiday. Adzsmen, asphalt rakers, barcotype jumping tampers, chain saw opera— tors concrete and power buggy

operators, concrete saw operators NOTICES demolition burners fence and guard ra il erectors,highway stone spreaders, mechanical grinder operators, mortar mixers, pipe- layers, pipe trench bracers, pneumatic tool operators, riprap and dry stonewall builders, set­ ters of metal forms for roadways, stumper operators, tree toppers,. tree trimmers, wagon d rill ops., .10 wood chipper operators 7.75 .50 .1)5 .10 Air track d rill op. 8.00 .50 ,1)5 .10 Blasters & powdermen •5° .1)5 8.25 .10 Pavers, rammers, curb setters 8.00 ,50 ,1)5 Line Construction: Linemen 9.36 .30 156 a Groundman 6.39 .30 1$ a Equipment operator 8.3I) .30 156 a Driver groundman 7.77 V ■ .30 1# a Painters: L ittle Compton & Tiverton Twps: Brush 7.78 .62 •U .01) Structural Steel 10.88 .62 .85 .ou Spray (other than steel) 8..78 .62 .1)5 .ou Remainder of County: Brush & Roller 8 .15 .50 .50 Spray & Pot man 9 .15 .50 .50 Structural steel & steam cleaning 8.1)0 .50 .50 Air power brush 8.65 .50 .50 i FEDERAL REGISTER, VO L. 4 0 , N O . 188----FRIDAY, SEPTEMBER 2 6 , 1975 ♦age 5 P?ge.6 R I 7 5 - 2 1 U RI75-21X1 RHODE ISLAKP-1-TD-2-3-L

B o s ic F rin g e Benefits P a ym e n ts HEAVY & HIGHWAY CONSTRUCTION H o u rly TRUCK DRIVERS Rates H & Vf Pensions Vocation T r. Class I $6.68 •1+5 • 50 , a+b Basic Class I I # 6 . 8 3 . :.5o a+-b HEAVY. HIGHWAY & MARINE Fringa Benefits Payma .1+5 Hourly Class I I I ” 4 6.88 .50 -, a+b CONSTRUCTION .1+5 Ralos Class IV 6.?8 .1+5 .50 1 a+b Class V 7.O8 .1+5 .50 i a+b Class VT .50 1 a+b Plumbers $ 9.94 • 75 .70 7.33 .1+5 ..07 Class VII 7-58 .1+5 . .50 a+b

Welders - receive rate prescribed for craft performing operation to which welding is incidental. Class I PAID HOLIDAYS: Pick-up trucks, .Station Wagons and Panel Trucks Class I I A-New Year's Day; B-Memorial Day; C-Independence Day; D-Labor Day; Two Axle, Helpers on Low Beds E-Thanksgiving Day; F-Christmas Day Class I I I Three Axle Equipment and ready mix equipment FOOTNOTE: Clafes IV *% Holidays A through'F, Columbus Four & Five Axle Equipment- \ Day provided the employee has Class V been employed 5 working days Low Led Trailer*-., Special Earth moving equipment under 35 tons, Mechanics, Paving prior to the holiday and pro­ Restoration Vehicle & Vac Haul vided the employee works the Class VI scheduled work days immediately Special Earth Moving Equipment over 35 tons preceding and following the Class VII ‘ NOTICES holiday. Trailers when used on a double hook-up (pulling 2 trailers)

PAID HOLIDAYS: ' i / , , , A-New Year's Day; B-Memorial Day; C-Independence Day; D-Labor Day; E-Thanksgiving Day; F-Christmas Day.

FOOTNOTES: a. Holidays: A through F; Washington's Birthday, Columbus Day, Veteran's Day; V-J Day provr.aing employee has worked at least one day in the calendar week in-which the 'holiday falls.

b. Employee who has been on payroll for 1 year cr more but less than 5 years and has worked i£0 days during the last year of employment shall receive .: 1 week's vaca­ tion; 5 years or more - 2 weeks vacation. 44469

FEDERAL REGISTER, VOL. 40, 188— FRIDAY, SEPTEMBER 26, 1975 v 44470 Page 7 Page 8 RI75-2111 / RI-I-PEO-l-P RI75-2111 BUILDING CONSTRUCTION POWER B atic Fring* Benefits Pa ymeaft EQUIPMENT OPERATORS R. I. 1-PE0-3 R Vaeotion App. T». R afts • H & W 'pansions Oth HIGHWAY & BRIDGE INCIDENTAL TO HIGHWAY Basic Fringe [ienefi is Poym.nt. Digging Machines, cranes, pile drivers, CONSTRUCTION ! Hourly lighters, locomotives,»derricks, hoists RoteC H & W Pensions Vocation App. Tc. pavers, and front-end loaders 3 yds, and POWER EQUIPMENT OPERATORS .85 .85 over $9.60 .50 .075 Class. I • $9.1)2 •50 1 .075 Economobile type equipment '9.375 .50 .85 " i1 ' ; .075 Class II * 8.57 ,50 .85 .075 Fork lift 9.175 .50 .85 .075 Class III 7.95 x •5o .85 .075 Firemen and Oilers 7.625 .50 .85 .075 Class XV 6.95 .50 .85 .075 Bulldozers, graders, spreaders, tractors, 1 Class V 7.90 .50 , *85 .075 Class VI . . . 8.02 .50 .85 .075 scrapers, rollers and front-end loaders : s j less than 3 yds. 8.175 .50 .85 .075 Class VII . . 8.00 .50 .85 •075 Pippin type backhoes ' 8.525 .50 .85 .075 Class VIII 7.65 ..50 .85 .075 Maintenance Engineers 8.125 .50 .85 .075 Class IX 7.77 . .50 .85 .075 Well-point Installation 8.25 .50' ' .85 .075 Class X 6.80 .50 .85 .075 Gas or electric driven pumps, heater, Class XI' 6.25 •50 .85 .075 concrete mixers, stone crushers, air Claes XII 7-85 .50 .85 .075 Class XIII 9.92 .50 .85 .075 compressors, welding machines and 10.17 generators for light plants 8.175 .50 .85 .075 Class XIV .50 .85 .075

RI-1-PBD-2-4-P CLASSIFICATIONS Class I Digging machines, cranes, piledrivers, lighters, locomotives, derricks, hoists, BRIDGES, CAISSONS, DOCKS, MARINE, PIERS, Batic Fringe Pa rm«nts pavers, front end loaders 3 to it Yds., economobile, ross carriers SUB-EASEMENT, SUBTERRANEAN, TUNNELS, & Hourly Class II Fork lifts '• I HEAVY CONSTRUCTION POWER EQUIPMENT Rates H A * Vocotion ADD.A T If. j Otr Class III Firemen

OPERATORS Class IV Oilers NOTICES Class V Bulldozers, spreader, roller, front end loader less than 3 Yds., tractors Digging Machines, cranes, pile drivers, Class VI Scrapers, graders, dozer pusher operator lighters, locomotives, derricks, hoists ! Class VII Pippin type backhoe operator , pavers and front end loaders, 3 yds, anc Class VIII Maintenance engineer .85 .075 over 10.325 .50 ! Class IX Gas & electric driven heaters, pumps, concrete mixers, stone crusher, air .85 .075 Firemen and Oilers 8.20 .50 compressor, light plants, welding machines! concrete pumps Bulldozers, graders, spreaders, scrapers Class X Test boring machine operator rollers and front-end loaders, less thar Class XI Test boring machine assistant .50 j .85 .075 3 yds 8.875 Class XII Well point installation crews „ .075 Maintenance Engineers 9.025 .50 j .85 Class XIII Operators of truck cranes with booms of 130 to 1$0 feet, operators of cat .075 Well-point Installation Crews 9.05 .50 .85 cranes with booms of 150 to 180 feet Gas or electric driven fumps, heaters, Class XIV Operators of truck cranes with booms over 150 feet, operators of cat cranes concrete mixers, stone crushers, air with booms over 180 feet compressors, welding machines, and .075 generators for light plants 8.625 .50 .85 .075 Boat and Tug Operators 9.95 .50 .85 .075 Apprentices (Deckhands) 8.35 .50 .85

FEDER AL REGISTER, VOL. 40, NO. 188-----FRIDAY, SEPTEMBER 26, 1975 SUPERSEDEAS DECISION PaRe 2

STATE:- Rhode Island County: Washington DECISION NUMBER: R175_2312 DATE: Date of Publication DECISION NO. RI75-213 2 Supersedes Decision No. RI75-.2091, dated July 11, 1975 In AO PR '29523. DESCRIPTION OF WORK: Building (including Residential), Heavy,.Highway and Bosic Fringe Bonof 1. Payment. Marine Construction- Hourly BUILDING CONSTRUCTION Ratos H & W Pensions Vacotion App. Plasterers' tenders 8 7.75 .5 0 •1+5 .1 0 Powdermen blasters 8,255 •50 .1+5 .1 0 ■5-RI-I-I I- of 3 Laborers, Wrecking: B o sic Fringe Benefits Payments Laborers, signalmen 7 .0 0 .5 0 .1*5 .1 0 H ourly Adzman, burner, jackhammer 7.25 . .50 .1*5 .1 0 BUILDING CONSTRUCTION H & W Rotes Pensions Vocotlen App. T r. Lathers 9.25 .1*5 .55 .0 1 Leadbumers Asbestos workers 9.25 .35 C .0 1 $ 9 .3 2 .7 1 .73 Line Construction: Boilermakers 10.00 .60 1C$ .01 Linemen Bricklayers and Stone mason?: 9.36 .3 0 1# d j Driver Groundman Westerly, Hopkington, S. Kingstow; 7.77 .3 0 $ d i Groundman. . 6.39 .3 0 $ d Charlestown, Richmond, Wakefield ! Equipment Operator Peace Dale, Kingston 8.34 .3 0 $ d 9 .1 5 .65 •55 Marble, Tile and Terrazzo workers: Exeter, Johnson, No. Kingstown, Exeter, N. Kingstown, Narragansett Narragansett (including the Pier 1 (including the Pier of Point Judit 1) 9.35 .65 .55 of Point Judith) 9 .1 9 .65 .55 .01 Carpenters, soft floor layers & |Marhle, Tile and Terrazzo helpers 7.23 .50 ¡Painters : j piledrivermen 9 .0 0 .6 0 .1*0 .0 5 j Brush & Roller ¡Carpenters, Residential 8.65 .55 .55 7 . 0 5 .5 0 •35 .0 5 I Millwrights j Structural steel & Steam cleaning. 8.90 . 5 5 . .55 9.06 .5 0 •35 .0 5 ¡Cement masons: i Spray & sand or Water blasting & j Potman Westerly, Hopkington, So. Kingstow 9.65 .55 .55 Air power brush | Charlestown, Richmond, Wakefield, 9.15 .55 .55 ! Peace Dale, Kingston Plasterers: Exeter, Narragansett, 8.85 *5 5 .1*5 j Exeter, Narrangansett, No. N. Kingston 8.85 -50 •35 Plasterers (Westerly, Hopkington, S j Kingstown,Gould 8.85 .5 0 ■ .35 ■Electricians: , Kingston, Charlestown, Richmond, Wakefield and Peace Dale) 8.85 .55 .1*5 | Westerly Township id. 9.95 .75 i?&+.l*o Plumbers 9.94 • .75 .0 7 Westerly Township Residential 5.50 • 75 •$+.1*5 Remainder of County: ¡Roofers : , Building j Composition, waterproofers 9.20 .1*5 •25 9.A0 .AS l $ + . 9 0 .0 2 Slate, Tile precast concrete Residential- up to and including 7.1*0 . .1*5 •25 Helpers, Class "A" 8.35 : 3 stories 6 .0 0 .1+5 .2 5 .38 $ .0 2 j Helpers, Class "B" Elevator con»trui> to m 7.80 .1*5 .2 5 9.39 .10*5 .29 3$+a .0 2 Sheet metal workers Elevator constructors' helpers' 9.53 .66 .75 .01* 7<$JR ' .10*5 .29 3^+a .0 2 Sprinkler fitters Elevator constructors' helpers 9.61* .5 0 .7 0 .0 1 (prob.) Steamfitters 9.85 .70 1 .9 1 .0 7 50$JR .10*5 .29 3#+a .0 2 Slaziers Truck Drivers: Building 8.68 • .1*7 .1*0+. 25 .0 1 Two-axle ; dumps Ironworkers; Structural, ornamental 7.05 .1*8 .525 & reinforcing Three-axle; trailers 7.13 .1*8 .525 8.73 .55 . 90 + .50 Laborers, Building: t .0 5 Low-bed trailers (21+ tons & over), Laborers, Carpenters' tenders, Trailers (i-beamj, specialized cement finisher tenders mason earth moving equipment (Euclid tenders type) 7.38 .1*8 7 .5 0 .50 .1*5 .1 0 .525 Jackhammer, paving breaker, chain Euclid type equipment over 35 ton capacity saw, pipelayers, mechanical grin­ 7.63 .1*8 .525 der, all other pneumatic tools barco type jumping tampers 7 .7 5 .^o .1*5 .1 0 A ir track ops, block p a v e r s , ram mers, & curb setters 8 .0 0 .5 0 .A 5 .10

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44472 RI75-1112, P. 4

DECISION RI75-2112 ■j-M-2-Vii-G______Basic Frinyt Banafi s Payments HEAVY, HIGHWAY AND MARINE CONSTRUCTION Rotas H & W Pans Ion • Vacation *PP- Tr- PATH HOLIDAYS: j A. New year's ¿ay.» B-Memorial Bay; C-Independence Bay; B-Labor Bay: Bricklayers, Storie masons, oatoh I ' ; ^ E-Thanksgiving Bay; F-Christinas Bay basin, manhole builders $ 9.10 .55 .15 ' .01 Carpenters, piledrivermen, N. Kings

Welders - receive rate prescribed for craft performing operation to which welding is incidental.

i

FEDERAL REGISTER, VOL. 40, NO. 1 'RIDAY, SEPTEMBER 26, 1975 ...... _ 18175« 2112 P. 5 » . . RI75-.Z112, P. 6 RI-I-PEO-l -P i of BUILDINC CONSTRUCTION POWER Botic Frinço Pcymanti PAID HOLIDAYS; „ ^ „ _ _ . . , EQUIPMENT OPERATORS Hourly. A-New Year's Pay» B-Memorial Pay» C-Independence Pay; P— Labor Pay; E-Thanksgiving Rot.» H&W Panaiona * Vocofion App. T». Pay; F-Christmas Pay. Digging Machines, cranes, pile drivers, 4 lighters, locomotives, derricks, hoists FOOTNOTES: : pavers, and front-end loaders 3 yds. and i. over t $9.60 .50 .85 .075 a. Holidays: A through F, Columbus Pay provided employee has been employed Economobile type equipment 9.375 .50 .85 5 working days prior to the holiday and provided the employee works the : .075 Fork lift 9.175 .85 scheduled Work days immediately preceding and following the holiday. .50 .075 Firemen and Oilers 7.625, .50 .85 .075 Bulldozers, graders, spreaders, tractors, scrapers, rollers and, front-end loaders less than 3 yds. 8.175 .50 .85 ^ .075 Pippin type backhoes 8.525 .50 .85 ' .075 Maintenance Engineers 8.125 .50 .85 . .075 Veil-point Installation 8.25 .50 .85 .075 Gas or electric driven pumps, heater, concrete mixers, stone crushers, air ■ compressors, welding, machines and generators for light plants 8.175 .50 .85 .075

RI-l-PE2>-2-4-P BRIDGES, CAISSONS, DOCKS, MARINE, PIERS, ---- ~ SUB-BASEMENT, SUBTERRANEAN, TUNNELS, & ®°‘'.e Frlnj. San.fit. Payments HEAVY CONSTRUCTION POWER EQUIPMENT H&W P.n.iona Vocofion App. Tr. OPERATORS ■—!----

Digging Machines, cranes, pile drivers, S E TIC O N lighters, locomotives, derricks, hoists, pavers and front end loaders, 3 yds, anc over 10.325 .50 .85 .075 Firemen and Oilers 8.20 .50 .85 .075 Bulldozers, graders, spreaders, scrapers, rollers and front-end loaders, less that 3 yds 8.875 .50 .85 .075 Maintenance Engineers 9.025 .50 .85 .075 ! Veil-point Installation Crews 9.05 .50 .35 .075 ; Gas or electric driven pumps, heaters, concrete mixers, stone crushers, air compressors, welding machines, and generators for light plants 8.625 .50 .85 .075 Boat and Tug Operators 9.95 .50 ; .85 .075 Apprentices (Deckhands) 8.35 .50 .85 .075

I I 44473

FEDERAL REGISTER, VOL. 40, NO 188— FRIDAY, SEPTEMBER 26, 1975 44474 ÌI75-2112. V. 7 RI75-2112, P» 8

R. I. 1-PEO-3 R NOTICES RHODE ISLAND-1-TD-2-3-L

HIGHWAY & BRIDGE INCÜDENTA1 TO HIGHWAY O o t ic Fringe Bene» s P a y m e n t, B a s ic Fringe Benefits Payments CONSTRUCTION H o u rly ."-WY Si HIGHWAY CONSTRUCTION H o u rly H a w Vocation, App. T ». H fi. W Pansions Vocuflon /op. Tr. R o te i ■ ...... * t r u c k d r i v e r s R o tei, POWER EQUIPMENT OPERATORS : • * ■■ $ 6 . 6 8 .1*5 .50 a+b Class I -> «9.1*2 .5 0 .85 •075 Class I 6 .8 3 .1*5 .50 a+b Class II 8r57 .5 0 .85 •075 Class II ' -.. 6 ; 8 8 .50 a+b Class III 7.95 .5 0 .85 .075 Class 111 .1*5 6.98 .50 a+b Class IV 6.95 .5 0 .85 1 .075 Class IV ' .1*5 7 . 0 8 .50 a+b Class V 7.90 .5 0 .85 1 1 1 .075 Class V •1*5 , .1 .50 a+b 8.02 .5 0 .85 .075 Class VI f 7.33 .1*5 Class VI a+b Class VII 8.00 .5 0 .85 ' .075 Clas3 VII 7.58 . .1*5 , »50 Class VIII 7.65 .5 0 .85 .075 Class IX 7.77 .5 0 ..85 .075 Class X 6.80 .5 0 .85 .075 Class XI 6 .2 5 .5 0 .85 .075 Class XII 7.85 .5 0 ■ .85 .075 Class I . Class XIII 9.92. .5 0 .85 .075 . pick-up trucks, Station Wagons and Panel Trucks Class XIV 10.17 .5 0 .85 .075 Class II Two Axle, Helpers on Lpvr Beds Class III Three Axle Equipment and ready mix equipment CLASSIFICATIONS . .. Class TV ' , Class I Digging machines, cranes, piledrivers, lighters, locomotives, derricks, hoists Four & Five Axle Equipment pavers, front end loaders 3 to 1* Yds., economobile, boss carriers Class V ’ v Class II Fork lifts j .' Lo : bod' Trailers, Special Earth moving equipment under 35 tons, Mechanics, Paving Class III Firemen Restoration Vehicle & Vac Haul Cl&ss IV Oilers Class VI Class V Bulldozers, spreader, roller, front end loader less than 3 Yds., tractors Special Earth Moving Equipment over 35 tons Class VI Scrapers, graders, - dozer pusher operator Class VII . Class VII Pippin type backhoe operator Trailers when used on a double hook-up (pulling 2 trailers) Class VIII Maintenance engineer Class IX Gas & electric driven heaters, pumps, concrete mixers, stone crusher, air compressor, light plants, welding machines, concrete pumps PAID HOLIDAYS; . . Class X Test boring machine operator A-liew Year's Day; 3-Memorial Day; C-Independence Day; D-Labor Day; E-Thanksgiving Day; Class XI Test boring machine assistant * ?-Christmas Day. Class XII Well point installation crews Class XIII Operators of truck cranes with booms of 130 to 150 feet, operators of cat FOOTNOTES: cranes with booms of 150 to 180 feet a. Holidays: A through F;’ Washington's Birthday, Coluipbus Day, Veteran's Day; V-J Day Class XIV Operators of truck cranes with.booms over 150 feet, operators of cat cranes cmdoyee has worked at least one day in the calendar week in which the with booms over 180 feet h oliday falls.

b. Employee who has been on payroll for 1 year or more but less than 5 years and has worked 150 days during the last year of employment shall receive 1 week's vaca- ■tion; 5 years or more - 2 weeks vacation.

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 SUPERSEDEAS DECISION P a g e ____ 2_ STATE; South Dakota .. COUNTIES; Meade and Pennington DECISION NUMBER: SD75-5119 DATE: Date of Publication Supersedes Decision No. SD75-5112 dated September 5, 1975, in'40 FR 41381 DECISION NO. S D 7 5 -5 H 9 DESCRIPTION OF WORK: Building Construction, (excluding single family homes and garden type apartments up to and including 4 stories) B o s ic Fringe Benefits Payments H o u rly H & W PAINTERS: ■ Rotes Pensions Vacation App. T r. Brush $5.25 , . Drywall Finishers and Tapers .005 F rin ge Benefits Paym* 5.40 .005 Hourly All painting over 30 ft.; Paint Rotes Mitt; Sandblasting; Spray Steel (Structural); Swing Stage; * ASBESTOS WORKERS Windowjack 5.75 $8.53 .35 .40 .005 BOILERMAKERS PLASTERERS 6.55 8.35 .60 1.00 .02 BRICKLAYERS; Stonemasons PLUMBERS; Stgamfitiers 7.60 8.53 .30 .20 .03 CARPENTERS: •SHEET METAL WORKERS . 7.64 .005 Carpenters, Acoustifcal and SPRINKLER FITTERS 8.75 .50 .80 RIGGERS; WELDERS: Receive rate .08 Drywall Applicators 8.26 .30 .05 prescribed "for craft performing Piledrivermen 8.51 .30 Millwrights ^05 operation to which rigging or 8.76 .30 .05 CEMENT MASONS 6.175 .20 welding is incidental. ELECTRICIANS: Within 15 miles radius of Rapid City Post Office Electricians 7.85 Cable Splicers 1*7. 8.40 1*7. Outside of 15 miles radius of Rapid City Post Office Electricians 8.25 .30 1% 1*7. Cable Splicers 8.80 .30 17. IRONWORKERS: 1*1 NOTICES NOTICES Fence Erectors; Ornamental; . Reinforcing; Sheeter; Structural 7.10 .40 LABORERS: Laborers, Flagman, Signalman; Power Tool Operator of a,ll Mechanical Air, Gas, Electrical. Tools, including self-propelfed Buggies, Wagon and Air Track Drills; Pipe Layer (non- metallic); Sandblasting; Mortar Mixer; Mason Tender; Plaster Tender; Cement Mixer; Air Compressor up to 210; Masonry Fork Lift 5.40 .05 Gunnite Nozzlemen; Powdermen; •3? Miner; Timberman; Jackhaimrier, Pavement Breaker or Drills of 65 lbs. or over 5.90 .35- .05 44475

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44476 SUIERSEDEAS ELISION

STATE: TENNESSEE COUNTY: »See below DECISION NUMBER: TN75-1098 DATE: Date of Publication .Supersedes Decision Nos.: AQ-M28 dated June 2.8, 197U\in 39 PR 2U198

DESCRIPTION OP WORK: Residential construction consisting of single family homes and garden type apartments up to and including U stories.

B a s ic 5ringe Benefits Poyments

H & W Pensions Vocation App. Tr. •»Carter, Sullivan. Rates

Accoustioal Tile Mechanics «3.50 Air Conditioning Mechanics 3.00 Bricklayers 6.00 Carpenters U.07 Cement Masons U.2$ Electricians 4.76 Drywall Finishers U-50 Drywall Hangers U.50 Ironworkers, ornamental 2.75 Ironworkers, reinforcing u.70 Insulation Installers 3.20 Laborers: Laborers 2.50 Mason Tenders 2.75 Mortar Mixers 2.75 Pipelayers 3.00 Lathers 5.15 NOTICES Painters, brush 3.00 Plasterers 1|.75 Plumbers, U.oU Roofers 3.Q0 Sheet Metal Workers 3.00 Soft Floor Layers 3.30 Tile Setters 3.00 Truck Drivers 2.5?'

Power Equipment Operators: Air Compressor 3-55 ; r- Backhoe 3.50 Bulldozer 3.50 Front End Loader 3-75 Grader 3-55 Higfrlift 3.62 Shovel 3.00

FEDERAL REGISTER, VO L. 4 0 , N O . 188— FRIDAY, SEPTEMBER 2 6 , 1975 Montgomery and Princo Georges Counties, Maryland; Arlington and Fairfax Counties, the c ity ! of Alexandria and BUILDING CONSTRUCTION Dulles International Airport B a sie Fringe Benef ts Payments , •'•-'•* . Virginia i/, Hourly H & W Pensions Vocation | App. Tr. DECISION KO.î MD-75-3I00 DATE: Date of Publication R otes in AO FR 26203. Supersedes Decision No. MD-75-30621 dated June 20, 1975, in AO FR 26203. MARBLE SETTERS $10.80 . A5 .30 .05 DESCRIPTION OF WORK: Building Construction(excluding all residential projects.) MARBLE SETTERS' HELPERS 7.35 . . ü*. :ü I. . i MILLWRIGHTS B o s ic Fringe Be no if • ! Poymen ts 9.99 • 50 . A9 .07 H o u rly " - PAINTERS: BUILDING CONSTRUCTION • II & w R o le » Pensions Voeotion AfP- Tr. Brush, Spray, Paperhangers, ASBESTOS WORKERS Tapers 9.AA V .41 .18 .06 $9. A5 . A5 .55 BOILERMAKERS - Blacksmiths .015 Steel, Sandblasting, Swing Stage, 9.AO .60 .90 BRICKLAYERS , .02 Power Brushing 9.9 A »At .18 .06 9.85 .60 .60 CARPENTERS ' .10 CARPET LAYERS 6.07 . .30 .05 9.55 .50 . A9 CEMENT MASONS: .07 PILEDRIVERMEN 9.75 .50 . A9 .07 Cement Masons PLASTERERS 9 180 . A5 .25 .06 9.65 k A85 ' . A5 Grinding Machine . 11 PLUMBERS 9.A3 .58 ' .55 18 9.90. . A85 . A5 ELECTRICIANS >. . 11 ROOFERS: t 10.10 .35 U + . 7 5 ELEVATOR CONSTRUCTORS .10 Composition 7.51 .£2 .20 y •9.775 . AA5 .29 37.+a+b •Slate, Tile, Mopmen, Water- ELEVATOR CONSTRUCTORS' HELPERS' .02 6.8A . AA5 .29 37.+a+b proofers, Sprayers, Sprandrel ELEVATOR CONSTRUCTORS''HELPERS .02 (PROB.) and Ironite 8.07 *. A2 ¿20 ,A.89 ", * GLAZIERS Helpers 5..A8 . A2 .20 9.03 .56 .A0 IRONWORKERS: . . • .05 SHEET- METAL WORKERS 9.26 >' 76 A .7A .12 SOFT FLOOR LAYERS Structural, Ornamental and Chain 9.55 .50 . A9 .07 SPRINKLER FITTERS Link-Fence 10.60 .50 “ .80 .08 9.55 .50 .60 Reinforcing I .OS STEAMFITTERS, REFRIGERATION and 10.00 • .35 .60 j LABORERS: .03 . Air Conditioning Mechanic 9,.A 5 .52 .65 .12 STONE MASONS .A5 NOTICES | Common Laborers, Landscapers 7.71 10.80 .30 .05 .35 .A0 STONE CUTTERS: Acetylene Burners Used on .05 Wrecking Fitters and trimmers 9.90 \ .18 .20 8.21 .35 .A0 Ornamental Carvers Air Tool Operator; Scaffold .05 9.A9 • .18 .20 h Figure Carvers Builders; Paving Breakers; 10.11 .18 .'20 h TERRAZZO and MOSAIC WORKERS Towmasters; Buggy Mobiles; -9.33 .A0 .30 TERRAZZ0 WORKERS' HELPERS Spaders; Mortarmen and 8.05 .A0 .30 TILE SETTERS Scootcretes 9.33 .A0 .30 7.86 .35 • A0 Pipelayers .05 TILE SETTERS' HELPERS • 8.05 .A0 •30 7.86 .35 .A0 TRUCK DRIVERS: Plasterers' Tenders .05 .7.03 .32 .35 .05 N Boom' Trucks 6.A0 .25 f Plumbers' Laborers 6.93 g+j .30 .A0 .05 Small Dump, Water Sprinkler, Powdermen 8.885 .35 .A0 .05 Grease and Oil ' 6.15 .25 f . Powersaw, Well Points 7.96 .35 E+j LATHERS • A0 .05 Flat, Pick-up Hauling Materials, 8.73 .50 LEAD BURNERS .50 .025, Small Euclids, Dump over 8 wheel 6.25 •25 f 9.25 .35 g+J LINE CONSTRUCTION :- c • 01 Trailers, Low Boys, Tractor Linemen, Cable Splicers, Pulls 6.A5 .25 f g+j Equipment Operators Helpers 6.00 .25 f g+j 10.86 .35 17. \ Truck with Winch, Truck Pole or 1/A7. Steel handling 7.18 .35 17. Groundmen (0 to I year) 1/A7. 5.76 .35 Groundmen (1 to 2 years) I t 1/A7. .35 17. Groundmen (over 2 years) 6.67 1/A7. 6.92 .35 17. 1/A7.

c*tv.n ret wee^i nii U 44477

FEDERAL REGISTER, VOL 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44478 44478 PAGE 4 Page _ 3 2-D.C. « PBO-1-2-R DECISION NO MD-75-3100 DECISION NO HD-75-3100 P-rsic Fringe ilenc-ii I Foyivenl.- n BUILDING CONSTRUCTION BUILDING CONSTRUCTION t Vpcoiian 1 B a s i c :ringe Benofit Paym ents Rates h f. •Vp. Tr. j

H & w Pori» ion t Vocation App. T r. Rales Power Uqi.O prirent Operators: ■ Carryalls, Large Euclids, . .12 GROUP 1 ■ $10.45 .50 .55 Euclid, Water Sprinkler, Tunnel 10.20 .50 .55 _ .12 Work under ground $6.55 ' .25 f GROUP 2 g+j 9.82 .50 .55 . .12 6.30 .25 f GROUP 3 Mechanics- g+j 10.05 .50 .55 .12 RIGGERS and WELDERS - Receive GROUP 4 9.87 .50 .55, .12 rates prescribed for crafts per­ 'cnour" 5: 9.80 ’ .50 .55 .12 forming operations to which GROUP 6 9.79 ,50 .55 ■ .12 rigging and welding are incidenta GROUP T .12 GROUP 8 9.62 • 50 .3.2 GROUP 9 9.40 .50 .5 5 .12 GROUP 10 9.60 .50 .55 .12 GROUP 11 ’ , 8.74 .5 ° • 5 5 ,

PAID HOLIDAYS: A-New Year's Day; 5-Memoria Day; O-l ndependen ce Day; D-Labor- Day; E-Thanksgiv.ing Day; F ■Christmas Day. i CLASSIFICATIONS

POWER KyjIPi-CTT OPERATORS - FOOTNOTES: GROUP 1 - 35 ton crone” and above, tower and climbing cranes GROUP 2 - Backhoes, bcOra cats, cableways, crones or derricKc, draglines, a. Holidays: A Through F. elevating graders, hoists, elevator (permanent), paving mixers, piledriving iurly rate for 5 yd ars or mo re of ser fice b.. Employer contributes 47. basic h< engines, power shovels, tunnel shpvels, mucking machines, batch plants, •years service as Vacation ’ay NOTICES or 27. basic hourly rate for 6 m

[P R Doc.75—25418 Piled 9-25-75:8:45 am ]

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 FRIDAY, SEPTEMBER 2D, 1975

PRIVACY ACT OF 1974

Implementation

VARIOUS AGENCIES 44480 RULES AND REGULATIONS privacy and other personal or property rights Title 7— Agriculture (2) the categories of individuals on whom records are maintained in the system; of individuals or the disclosure of informa­ SUBTITLE A— OFFICE OF THE (3) the categories of records maintained tion relating to such individuals, and its SECRETARY OF: AGRICULTURE in the system; effect on the preservation of the constitu­ (4) each routine use of the records con­ tional principles of federalism and separation PART 1— ADMINISTRATIVE REGULATIONS tained in the system, including the cate­ of powers. Such notice is required for any new system of records tind for any alteration Subpart G— Privacy Act Regulations gories of uses and the purpose of such use; (5) the policies and practices of the agency in an existing one which will: Subpart G, Part 1, Subtitle A of 7 CFR regarding storage, retrievability, access con­ (1) Increase the number or types of in­ is amended by adding Appendix A set­ trols, retention, and disposal of the records; dividuals bn whom records are maintained; ting forth internal procedures for com­ (6) the title and business address of the (2) Expand the type or amount of Infor­ mation maintained; pliance by agencies of the United States agency official who is responsible for the system of records; (3) Increase the number or categories of Department of Agriculture (USDA) with (7) the agency procedures whereby an in­ agencies or other persons who may have ac­ the provisions of the Privacy Act of 1974 dividual can be notified at his request If the cess to those records; (5 U.S.C. 552a). system of records contains a record pertain­ (4) Alter the manner in which the records Subpart G published on August 28, ing to him; are organized so as to change the nature or 1975, 40 FR 39519, prescribed the pro­ (8) the agency procedures whereby an in­ scope of those records (e.g., the combining dividual can be notified at his request how of two or more existing systems); cedures whereby individuals can request (5) Modify the way the system operates at information about, access to, or amend­ he can gain access to any record pertaining to him contained in the system of records, its location(s) in such a manner as to alter ments of, records pertaining to thèm the procedures which individuals can ex­ which are contained in a system of rec­ and how he can contest its content; and (9) the categories of sources of records in ercise their rights under this Subpart; or ords maintained by an agency of USDA; (6) Change the equipment configuration the system; on which the system is operated so as to and the procedures for handling of these (e) Maintain all records which are used create the potential for greater access (e.g., requests by agencies of USDA. The Ap­ by the agency in making any determination adding a telecommunications capability). pendix added by this docket provides about any individual with such accuracy, S e c . 3 Accounting of Certain Disclosures. relevance, timeliness, and completeness as is further guidance to the agencies of USDA Each agency, with respect to each system of reasonably necessary to assure fairness to concerning their responsibilities and ob­ records under its control, shall: ligations under the Privacy Act with re­ the individual in the determination; (a) Except for disclosures made under 5 gard to systems and records they main­ (f) Prior to disseminating any record U.S.C. 552a(b) (1) and (2), keep an accurate about an individual to any person other than tain. account of: an agency, unless the dessemination is made (1) the date, nature, and purpose of each Since these regulations constitute in­ pursuant to 5 U.S.C. 552a(b) (2), make rea­ ternal agency directives and thus are disclosure of a record to any person or agency sonable efforts to assure that such records outside the Department;, and matters of agency management, the no­ are accurate, complete, timely, and relevant (2) the name and address of the person or tice and public procedure requirements for agency purposes; agency to whom the disclosure is made; of 5 U.S.C. 553 are inapplicable. Accord­ (g) Maintain no record describing how any (b) Retain the accounting made under ingly, 7 CFR, Part 1, Subpart G, is individual exercises rights guaranteed by the paragraph (a) of this section for the longer amended by adding Appendix A, reading First Amendment unless expressly author­ of a period of five years, after the date of the ized by statute or by the individual about disclosure for which the accounting is made, as follows: whom the record is maintained, or unless or the life of the record disclosed; A p p e n d ix A— I n t e r n a l D irectives pertinent to and within the scope of an au­ (c) Except for disclosures made under 5 thorized law enforcement activity; U.S.C. 552a(b) (7), make the accounting Se c t io n 1 General Requirements. Each (h ) Make reasonable efforts to serve notice above available to the individual named in agency that maintains a system of records on an individual when any record on such the record at his request. subject to 5 U.S.C. 552a and the regulations individual is made available to any person S e c . 4. Government Contractors. When an of this Subpart shall : under compulsory legal process when such agency within the Department provides by a (a) Maintain in its records only such In ­ process becomes a matter of public record; contract for the operation by or on behalf formation about an individual as is rele­ (i) ‘ Establish rules of conduct for personsof the agency of a system of records to ac­ vant and necessary to accomplish a purpose involved in the design, development, opera­ complish an agency function, the agency of the agency required to be accomplished tion, or maintenance of any system of rec­ shall, consistent with its authority, cause the by statute or-by executive order of the Pres­ ords, or in maintaining any record, and in­ requirements of this Subpart to be applied ident; struct each such person with respect to such to such system. For purposes of 5 U.S.C. (b) Collect information to the greatest ex­ rules and the requireme&te of this section, 552a(i) any such contractor or any employee tent practicable directly from the subject in­ including any other rules and procedures of such contractor, if such contract is agreed dividual when,the information may result in adopted pursuant to this section and the to on or after September 27, 1975, shall-be adverse determinations about an individual’s considered to be an employee of an agency rights, benefits, and privileges under Federal penalties for noncompliance; (J) Establish appropriate administrative, and therefore subject to the criminal penal­ programs; technical, and physical safeguards to. insure ties set forth in that section. (c) Inform each individual whom it asks Sec. 5 Mailing Lists. No agency within the to supply information, on the form which it the security and confidentiality of records and to protect against any anticipated Department shall sell or rent any individual s uses to collect the information, or on a sepa­ name and address unless such action is rate form that can be retained by the indi­ threats or hazards to their security or integ­ rity which could result in substantial harm, specifically authorized by law. This section vidual : embarrassment, Inconvenience, or unfairness shall not be construed to require, or to au­ (1) the authority (whether granted by thorize, the withholding of names and ad­ statute, or by executive order of the Pres­ to any individual on whom information is dresses whose disclosure is required by ident) which authorizes the solicitation of maintained. - Sec. 2 Amendment of routine uses for an XJSC 552. the information and whether disclosure of Sec. 6 Social security account numbers, (a) such information is mandatory or voluntary; existing system of records, or establishment No agency shall deny, or permit any State or (2) the principal purpose or purposes for of a new system of records. local government with whom it is involved which the , information is intended to be (a) Any agency Which intends to add a in a cooperative venture to deny, to any in­ used; routine use, or amend an existing one, in a dividual any right, benefit, or privilege pro­ (3) the routine uses which may be made system of records it maintains, shall, in ac­ vided by law because of such Individual s re­ of the information, as published pursuant cordance with 5 U.S.C. 552a(e) (11), insure fusal to disclose his social security account that 30 days advance notice of such action is to paragraph (d )(4 ) of this section; and number. . . . nf (4) the effects bn him, if any, of not pro­ given by publication in the Federal Register (b) The provisions of paragraph (a) viding all or any part of the requested in­ and an opportunity provided for interested this Section shall not apply with respect to. persons to submit written data, views or formation; (1) a n y disclosure required by Federa (d) Subject to the provisions of section 2 arguments to the agency. (b) Any agency which Intends to estab­ statute; or of this Appendix, prepare for publication in (2) any disclosure to any agency rela “ B the F ederal R egister at least annually a lish a new system of records, or to alter any existing system of records, shall insure that to a system of records it maintained pr notice of the existence and character of each January 1, .1975, if such disclosure was^re­ system it maintains, which notice shall in­ adequate advance notice is provided to Con­ gress and the Office of Management and quired under statute or regulation ad p clude : prior to that date, to verify the identity of an (1) the name and location(s) of the sys­Budget to permit an evaluation of the prob­ individual. tem; able or potential effect of such action on the

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 RULES AND REGULATIONS 44481

(c) Any agency In the Department which amendment of those records. These regu­ lecting, using or disseminating such rec­ requests an individual to disclose his social lations are intended to be read, as a sup­ ords. security account number shall inform that plement to the regulations of the Depart­ (b) The Associate Commissioner, Man­ individual whether the disclosure is ment of Justice in implementation of the agement, shall provide that the provi­ mandatory or voluntary, by what statutory sions of §§ 103.20 through 103.36 of this or other authority the number is solicited, Privacy Act of 1974. and what uses will be made of it. The agency No representations were received in re­ chapter and 28 CFR 16.40 through 16.56, shall also insure that this information is sponse to the proposed rules of August and any revisions thereof, shall be provided by a State or local government with 27, 1975. In addition to numerous non­ brought to the attention of and made whom it is involved in a cooperative substantive changes of an editorial or available to: agreement. clarifying nature, the proposed rules have (1) Each employee at the time of is­ Sec. 7. Annual report. Each agency in the .been modified in the following respects suance of the aforesaid regulations and Department shall submit, to the Office of the any amendment thereto; and General Counsel prior to March 30 of each for the purpose of conforming Service year (beginning March 30, 1976) a report regulations to the regulations of the De­ (2) Each new employee at the time of containing the following information rep partment of Justice in implementation employment. lated to implementation of 5 U.S.C. 552a: of the Privacy Act of 1974: (c) The Associate Commissioner, (a) a summary of major accomplishments; 1. Proposed § 103.21(b) (2) is amended Management, shall be responsible for in­ (b) a summary of major plans for activi­ by adding the words “place of birth,” suring that employees of the Service are ties in the upcoming year; immediately following the words “date trained in the obligations imposed by the (c) a list of the systems which were ex­ of birth,” . Privacy Act of 1974 and by these regula­ empted during the year from any of the tions. operative provisions of this Subpart pursuant 2. In proposed § 103.21(c), the first to 5 U.S.C. 552a (J) and (k ), whether or not sentence is amended to modify the mean­ § 103.21 Access by individuals to rec­ the exemption was effected during that year, ing of parent and child. The terms par­ ords maintained about them. the number of instances with respect to each ent and child are no longer restricted to system exempted in which the exemption the definitions of those terms as con­ (a) Access to available records. An in­ was invoked to deny access, and the reasons tained in the Immigration and National­ dividual seeking access to records about for invoking the exemption; ity Act. Proposed § 103.21(c) is also himself in a system of records, which (d) a brief summary of changes to the have not been exempted from access total inventory of personal data system sub­ amended to provide that a parent or guardian of a child or of a person ju­ pursuant to the Privacy Act of 1974, shall ject to this Subpart including reasons for present his request in person or in writ­ major changes; and dicially determined to be incompetent, (e) a general description of operational ex­ shall establish his own identity, as well ing to the manager of the particular sys­ periences including estimates of the number as the identity of the child or other per­ tem of records to which he seeks access. of individuals (in relation to the total num­ son he represents. Proposed § 103.21(c) is Systems managers are identified in the ber of records in the system) : further amended by deleting the last “Notice of Systems of Records” published (1) requesting information on the exist­ sentence thereof which reads: “In the by the National Archives and Records ence of records pertaining to them; Service, General Services Administration. (2) refusing to provide information; case of a stepchild or illegitimate child, sufficient evidence must be presented to Access to records in multiple systems of (3) requesting access to their records; records shall be addressed to the Office of (4) appealing initial refusals to amend establish the relationship. records; and 3. Proposed § 103.22(a) is amended by the Associate Commissioner, Manage­ (5) seeking redress through the courts. adding “or (k) (3.) or (k) (4) ” immedi­ ment, which shall assist the requester in Sec. 8 Effect of 5 U.S.C. 552. No agency in ately following “5 U.S.C. 552a(j) ”. identifying his request more precisely and the Department shall rely on any exemption 4. The last sentence of proposed shall be responsible for forwarding the in 5 U.S.C. 552 to withhold from an individ­ §§ 103.22(b) (2) and (3) is revised to request to the appropriate system man­ ual any record which is otherwise accessible read as set forth below. agers. to such individual under the provisions of (b) Verification of identity. The fol­ 5 U.S.C. 552a and this Subpart. 5. Proposed § 103.23(a) has been re­ vised in its entirety to read as set forth lowing standards are applicable to any (5 U.S.C. 301, 552a). below. individual who requests records concern­ Effective date: September 27,1975. 6. In proposed § 103.28(a), the first ing himself, unless other provisions for sentence is amended by inserting at the identity verification are specified in the Done at Washington, D.C., this 23rd beginning thereof, the clause: “Unless a published- notice pertaining to the partic­ day of September 1975. record is exempted from correction,” . ular system of records. Earl L. B utz, 7. In proposed § 103.28(f), the first (1) An individual seeking access to Secretary. sentence is revised to read as set forth records about himself in person shall establish his identity by the presentation [PR Doc.75-25795 Piled 9-25-75;8L:45 am] below. 8. In proposed § 103.30(b), the last sen­ of a single document bearing a photo­ tence is deleted. graph (such as a passport, alien registra­ Title 8— Aliens and Nationality The proposed rules, as modified and as tion receipt card or identification badge) CHAPTER I— IMMIGRATION AND NATU- set forth below, are hereby adopted: or by the presentation of two items of RALIZATION SERVICE, DEPARTMENT In Part 103, new §§ 103.20 through identification which do not bear a photo­ OF JUSTICE 103.36 are added to read as follows: graph but do bear both a name and ad­ dress (such as a driver’s license, or credit PART 103— POWERS AND DUTIES OF § 103.20 Purpose and scope. SERVICE OFFICERS; AVAILABILITY OF card). SERVICE RECORDS (a) Sections 103.20 through 103.36 (2) An individual seeking access to comprise the regulations of the Service records about himself by mail shall es­ Implementation of Privacy Act of 1974 implementing the Privacy Act of 1974, tablish his identity by a signature, ad­ Reference is made to the Notice of P.L. 93-597. The regulations apply to all dress, date of birth, place of birth, alien Proposed Rule ,Making which was pub- records contained in systems of records or employee identification number, if lished in the F ederal R egister of August maintained by the Service which are any, and one other identifier such as a 27, 1975 (40 FR 39423) pursuant to sec­ identifiable by individual name or identi­ photocopy of an identifying document. tion 553 of Title 5 of the United States fier and which are retrieved by individ­ (3) An individual seeking access to ode (80 Stat. 383) and in which there ual name or identifier, except those per­ records about himself by mail or in per­ ? erae.se}'. the Proposed amendments sonnel records governed by Civil Service son who cannot provide the necessary /? £>art 103 in implementation of Commission regulations. The regulations documentation of identification may the Privacy Act of 1974 (P. L. 93-579), set forth the procedures by which indi­ provide a notarized statement swearing including provisions for individuals to viduals may seek access to records per­ or affirming to his identity and to the seek access to records pertaining to them taining to themselves and request correc­ fact that he understands the penalties contained in the system of records of tion of those records. The regulations for false statements pursuant to 18 also set forth the requirements applicable U.S.C. 1001. Forms for such notarized the Service and to seek correction or to Service employees maintaining, col­ statements may be obtained on request

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44482 RULES AND REGULATIONS tion for a decision as to access or cor­ from the office of the system manager shall be advised that the information rection; of a system of records at a system loca­ sought is classified; that it has been re­ viewed and continues to warrant classi­ (3) That has been furnished by tion listed in the “Notice of Systems of another agency, the Service shall con­ Records” published in the F e d e r a l fication; and that it has been exempted from access pursuant to 5 U.S.C. 552a sult the other agency before granting ac­ R e g i s t e r cess or making a correction and may re­ (c) Verification of guardianship. The (k) (1). Information which has been ex­ fer the request to the other agency if parent or guardian of a child or of a empted pursuant to 5 U.S.C. 552a(j) and which is also classified shall be re­ referral will provide more expeditious ac­ person judicially determined to be in­ cess or correction, but the requester shall competent and seeking to act on behalf viewed as required by this paragraph of such child or incompetent, shall, in but the response to the individual shall . be notified of the referral. (b) Medical records. When an individ­ addition to establishing his own identity, be in the form prescribed by paragraph ual requests medical records concerning establish the identity of the child or (a) of this section. himself, which are not otherwise exempt other person he represents as required in (2) Requests for information which from disclosure, the system manager paragraph (b) of this section, and estab­ has been exempted from disclosure pur­ shall, if deemed necessary, advise the in­ lish his own percentage or guardianship suant to 5 U.S.C. 552a(k) (2) shall be re­ sponded to in the manner provided in dividual that records will be provided of the subject of the record by furnish­ only to a physician designated in writing ing either a copy of a birth certificate paragraph (a) of this section unless a review of the information indicates that by the individual. Upon receipt of the showing parentage or a court order es­ designation, the system manager will tablishing the guardianship. the information has been used or is being permit the physician to ré view the rec­ (d) Accompanying persons. An in­ used to deny the individual any right, privilege or benefit for which he is eli­ ords or to receive copies of the records by dividual seeking to review records per­ mail, upon proper verification of identity. taining to himself may be accompanied gible or to which he would otherwise be The determination of which records by another individual of his own choos­ entitled under Federal law. In that event, should be made available directly to the ing. Both the individual seeking access the individual shall be advised of the individual and which records should not and the individual accompanying him existence of the record and shall be pro­ be disclosed because of possible harm to shall be required to sign the required vided the information except to the ex­ the individual shall be made by the form indicating that the Service is au­ tent it would identify a confidential thorized to discuss the contents of the source. If and only if information identi­ physician. subject record in the presence of both in­ fying a confidential source can be deleted § 103.24 Requests for accounting of rec­ dividuals. or the pertinent parts of the record ord disclosure. summarized in a manner which protects (e) Specification of records sought. At the time of his request for access or Requests for access to records, either in the identity of the confidential source, the document with deletions made or the correction or at any other time, an in­ person or by mail, shall describe the dividual may request an accounting of nature of the records sought, the ap­ summary shall be furnished to the re­ quester. disclosures made of his record outside proximate dates covered by the record, the Department of Justice. Requests for the system in which it is thought to be (3) Information compiled as part of an employee background investigation accounting shall be directed to the ap­ included as described in the “Notice of propriate system manager listed in the Systems of Records” published in the which has been exempted pursuant to 5 U.S.C. 552a(k).(5) shall be made avail­ “ Notice of Systems of Records”. Any F e d e r a l R e g i s t e r , and the identity of the available accounting, whether kept in individual or office of the Service having able to an individual upon request except to the extent that it identifies a confiden­ accordance with the requirements of the custody of the system of records. In addi­ Privacy Act or under procedures estab­ tion, the published “Notice of Systems of tial source. If and only if information identifying a confidential source can be lished prior to September 27, 1975, shall Records” for individual systems may in­ be made available to the individual ex­ clude further requirements of specifica­ deleted or the pertinent parts of the rec­ ord summarized in a manner which pro­ cept that an accounting need not be tion, where necessary, to retrieve the in­ made available if it relates to: (a) A dis­ dividual Record from the system. tects the identity of the confidential source, the document with deletions made closure with respect to which no account­ § 103.22 Records exempt in whole or in or the summary shall be furnished to ing need be kept (see § 103.30(c) of this part. the requester. part) ; (b) A disclosure made to a law (a) When an individual requests (4) Testing or examination material enforcement agency pursuant to 5 U.S.C. 552a(b) (7) ; (c) An accounting which records about himself which have been which has been exempted pursuant to 5 exempted from individual access pursu­ U.S.C. 552a(k) (6) shall not be made has been exempted from disclosure pur­ ant to 5 U.S.C. 552a(j) or (k) (3) or (k) available to an individual if disclosure suant to 5 U.S.C..552a (j) or (k). (4) or which have been compiled in rea­ would compromise the objectivity or fair­ § 103.25 Notice o f access decisions; sonable anticipation of a dfvil action or ness of the testing or examination process time limits. proceeding either in a court or before an but shall be made available if no such (a) Responsibility for notice. The sys­ administrative tribunal, the Service will compromise possibility exists. tem manager of the system from which neither confirm nor deny the existence (5) The Service records which are ex­ information is sought or his delegate has of the record but shall advise the in­ empted and the reasons for the exemp­ responsibility for determining whether dividual only that there is no record tions are enumerated-in 28 CFR 16.99. access .to records is available under tne which is available to him pursuant to the § 103.23 Special access procedures. Privacy Act and for notifying the mdi- Privacy Act of 1974. vidual of that determination in accord­ (a) Records of other agencies. When (b) Individual requests for access to ance with these regulations. If access is records which have been exempted from information sought from a system of denied because of an exemption, the re­ records of the Service includes informa­ access pursuant to 5 U.S.C. 552a(k) shall sponsible person shall notify the indi­ be processed as follows tion: vidual that he may appeal that determi­ (1) That has been classified pursuant (1) Requests for information classified nation to the Deputy Attorney General by the Service pursuant to Executive Or­ to Executive Order 11652, the request within thirty working days of the re- shall be referred to the appropriate clas­ der 11652 require the Service to review t of the determination. the information to determine whether sifying authority pursuant to 28 CFR ) Time limits for access determna- it continues to warrant classification un­ 17.61 and the individual requesting the s. The time limits provided,by 28 o r « der the criteria of sections 1 and 5(B), record shall be so advised unless the rec­ j shall be applicable to requests for (C ), (D ), and (E) of the Executive Or­ ord is also exempt from disclosure pursu­ • ______m Lilt? der. Information which no longer war­ ant to 5 U.S.C. 552a (j) or (k ) ; rants classification under these criteria (2) That has been furnished by an- § 103.26 Fees for copies of records. shall be declassified and made available another component of the Department of to the individual, if not otherwise ex­ Justice, the request shall be referred to The fees charged by the Service under empt. If the information continues to the Privacy Act shall be those specifie m warrant classification, the individual the component originating the informa­

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 RULES AND REGULATIONS 44483

28 CFR 16.46. Remittances shall be made a record after the filing of a statement pelling circumstances affecting health in accordance with § 103.7(a) of this of disagreement shall be accompanied by or safety, the individual shall be noti­ part. a copy of that statement. Any statement fied at his last known address within 10 § 103.27 Appeals from denials of access. of the Service giving reasons for refusing working days of the disclosure. Notifi­ to correct shall be included in the file. An individual who has been denied ac­ cation shall include the following infor­ cess by the Service, to the records con­ § 103.29 Records not subject to cor­ mation: the nature of the information cerning him may appeal that decision in rection. disclosed, the person or agency to whom the manner prescribed in 28 CFR 16.47. The following records are not subject it was disclosed, the date of the dis­ to correction or amendment by indi­ closure, and the compelling circum­ § 103.28 Requests for correction of rec­ stances justifying the disclosure. Notifi­ ords. viduals: (a) Transcripts or written statementscation shall be given by the officer who (a) How made. Unless a record is ex­ made under oath; made or authorized the disclosure. empted from correction, an individual (bX Transcripts of Grand Jury § 103.32 Information forms. may request amendment or correction of Proceedings, judicial or quasi-judicial a record concerning him by addressing (a) Review of forms. The Service shall proceedings which form the official rec­ be responsible for the review of forms his request to the system manager of the ord of those proceedings; system in which the record is maintained it uses to collect information from and (c) Pre-sentence reports comprising about individuals. either in person or by mail, his identity the property of the courts but main­ to be established as provided in § 103.21 (b) Scope of review. The Service tained in Service files; and Forms Control Unit shall review each of this part. The- request must indicate (d) Records duly exempted from cor­ the particular record involved, the nature form to assure that it complies with the rection by notice published in the F ed­ requirements of 28 CFR 16.52. of the correction sought, and the justifi­ eral R egister. cation for the correction or amendment. § 103.83 Contracting Record Systems. § 103.30 Accounting for disclosures. Requests made by mail should be ad­ Any contract by the Service for the dressed to the system manager at the ad­ (a) As soon as possible, but not later than September 27, 1975, the Service operation of a record system shall be in dress specified in the “Notice of Systems compliance with 28 CFR 16.53. of Records” published by the General shall establish a system of accounting Services Administration and shall be for all disclosures of records, either § 103.34 Security of Records Systems. clearly marked on the request and on the orally or in writing, made outside the The security of records systems shall envelope “Privacy Correction Request.” Department of Justice. Accounting pro­ be in accordance with 28 CFR 16.54. Where the individual cannot determine cedures may be established in the least expensive and most convenient form that § 103.35 Use and collection of Social the precise system manager or believes Security numbers. that the same record appears in more will permit the system manager to ad­ than one system, he may address his re­ vise individuals, promptly upon request, The use and collection of Social Se­ quest to the office of the Associate Com­ of the persons or agencies to which rec­ curity numbers shall be in accordance missioner, Management, Immigration ords concerning them have been dis­ with 28 CFR 16.55. and Naturalization Service, 425 I Street closed. § 103.36 Employee standards of conduct NW., Washington, D.C. 20536, which (b) Accounting records, at a mini­ with regard to privacy. mum, shall include the identification of shall assist him in identifying the system Service employee standards of con­ or systems in which the record is located. the particular record disclosed, the name and address of the person or agency to duct with regard to privacy shall be in (b) Initial determination. Within 10 compliance with 28 CFR 16.56. which disclosed, and the date of the dis­ working days of the receipt of the re­ (Sec. 103, 66 Stat. 173; 8 U.S.0.1103) quest, the appropriate Service official closure. Accounting records shall be shall advise the individual that his re­ maintained for at least 5 years, or until The basis and purpose of the above- quest has been received. If the record is the record is destroyed or transferred to prescribed regulations are to set forth to be amended or corrected, the system the Archives, whichever is later. the procedures by which individuals may manager may so advise the individual (c) Accounting is not required to be seek access to records pertaining to but if correction is refused, in whole or in kept for disclosures made within the De­ themselves and request correction of part, it must be done by the head of the partment of Justice or disclosures made those records, as well as set forth the re­ component in which the record is located, pursuant to the Freedom of Informa­ quirements applicable to Service em­ or his designee. If a correction is to be tion Act.. ployees maintaining, collecting, using or made, the individual shall be advised of § 103.31 Notices of subpoenas and emer­ disseminating such records, in imple­ his right to obtain a copy of the corrected gency disclosures. mentation of the Privacy Act of 1974. record upon payment of the standard fee, (a) Subpoenas. When records con­ Compliance with the provisions of 5 established in 28 CFR 16.46. If a correc­ cerning an individual are subpoenaed U.S.C. 553 as to delayed effective date tion or amendment is refused, hi whole by a Grand Jury, court, or a quad- is impracticable because these regula­ or in part, the individual shall be so ad­ judicial agency, the official served with tions are in implementation of the Pri­ vised, shall be given reasons for the re­ the subpoena shall be responsible for vacy Act of 1974 (Pub. L. 93-579) which fusal, and shall be advised of his right to assuring that notice of its issuance is becomes effective September 27, 1975. appeal to the Deputy Attorney General provided to the individual. Notice shall Effective date. These regulations shall - m accordance with the procedures set be provided within 10 days of the service forth xn28 CFR 16.48. become effective September 27, 1975. of the subpoena or, in the case of a Dated: September 23,1975.- (c) Appeals. A refusal, in whole or in Grand Jury subpoena, within 10 days L. F. C h a pm a n , Jr. part, to amend or correct a record may of its becoming a matter of public rec­ be appealed as provided in 28 CFR 16.48. Commissioner of Immigration ord. Notice shall be mailed to the last and Naturalization (d) Appeal determinations. 28 CFR known address of the individual and shall Provides for appeal determinations. contain the following information: the - [ FR Doc.75-25779 Filed 9-25-75; 8:45 am ] (e) Statements of disagreement. date the subpoena is returnable, the statements of disagreement may be court in which it is returnable, the name <■ Title 10— Energy furnished by the individual in the and number of the case or proceeding, manner prescribed in 28 CFR 16.48. CHAPTER I— NUCLEAR REGULATORY and the nature of the information COMMISSION (f) Notices of correction or disagree­ sought. Notice of the issuance of sub­ PART 9— PUBLIC RECORDS ment. When a record has been corrected, poenas is not required if the system of me system manager shall, within thirty records has been exempted from the no­ Privacy Act Regulations working days thereof, advise all prior tice requirement pursuant to 5 U.S.C. Notice is hereby given that the Nuclear recipients of the record whose identity 552a(j), by a Notice of Exemption pub­ Regulatory Commission has adopted mimHn determined pursuant to the ac- lished in the F ederal R egister. amendments to its regulations in 10 CFR required by the Privacy Act or (b) Emergency disclosures. If infor­ Part 9, Public Records, set forth below any other accounting previously made, mation concerning an individual has to implement the provisions of the Pri­ or the correction. Any dissemination of been disclosed to any person under com­ vacy Act of 1974, Public Law 93-579, FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 RULES AND REGULATIONS 44484 Subpart A— Freedom of Information Act enacted December 31,1974, including, in 5. The following changes are made in Regulations paragraph 9.66(c) for purposes of con­ Sec. particular, those provisions of the Pri­ 9.3 Scope of subpart. vacy Act which require the promulgation sistency and completeness. In paragraph 9.66(c)(1), the phrase “ The Executive 9.3a Definitions. of agency rules. Director for Operations” is changed to 9.4 Availability of records. On August 12, 1975, the Nuclear Reg­ 9.5 Exemptions. ulatory Commission published in the read “The Executive Director for Opera­ 9.6 Deletion of identifying details. tions, or his designee,” . Paragraph 9.66 F ederal R egister (40 FR 33833-33838) 9.7 PubUcly available records. for public comment, proposed amend­ (c) (2) is redesignated as paragraph 9.66 9.8 Bequests for records. ments to 10 CFR Part 9, Public Records. (c )(3 ), and the phrase “ the Executive 9.9 Initial determination. Director for Operations” in that para­ 9.10 Form and content of responses. Interested persons were invited to submit 9.11 Appeal from initial determination. comments or suggestions for considera­ graph is changed to read “the Executive Director for Operations, or his designee,”. 9.12 Production or disclosure of exempt tion in connection with the proposed records. amendments by September 12,1975. Two Immediately following paragraph 9.66 9.13 Extension of time for response. responses concern § 9.95 of the regula­ (c) (1), a new paragraph (c) (2) is added 9.14 Charges for production of records. tions which relates to specific exemp­ which reads as set forth below. 9.15 Committees, boards, panels, and offices tions. A clarifying change in the wording 6. In paragraph (a) of § 9.67, the term reporting to the Commission. of § 9.95 suggested by one comm enter has “ 30 days” is changed to read “ 30 work­ 9.16 Annual report to Congress. been adopted in substance. A suggestion ing days” . Subpart B— Privacy Act Regulations 7. For purposes of clarification and ac­ that § 9.95 be revised to describe the ex­ 9.50 Scope of subpart. emptions in each of the systems of rec­ curacy, paragraph (a) of § 9.69 is re­ 9.51 Definitions. " ords affected with greater specificity and vised to read as set forth below. P rocedures A pp lic a b le to R equests by In ­ that the revision be renoticed for further 8. In § 9.80, in the last sentence of paragraph (a) (7), the words “or if ” im­ d iv id u a ls for I n f o r m a t io n , Access or public comment has not been adopted. A m e n d m e n t of R ecords M a in t a in e d About mediately following the words “F ederal The Commission is of the opinion that T h e m R egister” are deleted and are replaced it is impractical at this time to specify PRESENTATION OF REQUESTS the exempt portions of records more pre­ by the word “and” . cisely. In addition, the Commission has 9. A centerhead “FEES” is inserted im­ 9.52 Types of requests. also made a number of minor clarifying mediately preceding “ § 9.85 Fees.” 9.53 Requests; how and where presented. 10. In § 9.90, a typographical error in 9.54 Verification of identity of individuals changes in the text of the amendments. making requests. These changes are more particularly de­ paragraph (a) is corrected. 11. For purposes of clarification and 9.55 Specification of records. scribed as follows: 9.56 Accompanying persons. 1. In § 9.54, the heading of paragraph accuracy, the following changes are (c) is changed to read “Verification of made in § 9.95. In the first sentence, the NRC PROCEDURES FOR PROCESSING REQUESTS parentage or guardianship” in order to phrase “and from the provisions of this 9.60 Acknowledgment of requests. identify the subject of the paragraph part other than § 9.61:” is reworded to 9.61 Procedures for processing requests for more precisely. For purposes of further read “and are subject to the provisions records exempt in whole or in part. clarifying the text of paragraph 9.54(c), of § 9.61 of this part:” In paragraphs 9.62 Special procedures. the word “legal” is inserted immediately (a), (b), (d), (f) and (j) the names of DETERMINATIONS AND APPEALS the systems of records are corrected to before the word “ guardian” where the 9.65 Access determinations; appeals. latter word first appears and the word read as set forth below. 9.66 Determinations authorizing or deny­ “of” is inserted immediately before the In accordance with the requirements ing correction of records; appeals. words “ an individual judicially deter­ of the Privacy Act of 1974, the amend­ 9.67 Statements of disagreement. mined to be incompetent.” The typo­ ments adopted herein must be in effect 9.68 NRC statements of explanation. graphical errors in this paragraph are on or before September 27, 1975. In view 9.69 Notices of correction or dispute, also corrected. of these requirements and in view of 'the DISCLOSURE TO OTHERS OF RECORDS ABOUT 2. The following changes are made in fact that the amendments do not impose INDIVIDUALS obligations on persons other than the § 9.65 for the purposes of accuracy and 9.80 Disclosure of record to persons other completeness. In paragraph (a) , the last Commission, the Commission has found than the individual to whom it per­ sentence is revised by inserting the words that good cause exists for making the tains. “or deny” between the words “grant ac­ amendments effective without the cus­ 9.81 Notices of subpoenas. cess” and by changing the term “30 tomary 30 day notice. 9.82 Notices of emergency disclosures. days” to read “ 30 working days.” In the Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorgan­ FEES first sentence of paragraph (b ), the term 9.85 Fees. “ 30 days” is changed to read “ 30 working ization Act of 1974, as amended, and sec­ days.” In paragraph (c )(1 ) , the phrase tions 552, 552a and 553 of Title 5 of the ENFORCEMENT “The Executive Director for Operations” United States Code, the amendments to 9.90 Violations. Title 10, Chapter I, Code of Federal Reg­ is changed to read “The Executive Di­ EXEMPTIONS rector for Operations, or his designee,” . ulations, Part 9, set forth below are pub­ In paragraph (c) (2) the phrase “Execu­ lished as a document subject to codifi- 9.95 Specific exemptions. tive Director for Operations” is changed cation. A ppendix A—R equests for Declassification to read “Executive Director for Opera­ E ffective D ate. These amendments R eview become effective on September 27, 1975. tions, or his designee,” wherever it A u t h o r it y : Sec. 161, Pub. L. 83-703, 68 appears. Dated at Bethesda, Maryland, this 19th Stat. 948, (42 U.S.C. 2201); Sec. 201, Pub L. 3. In § 9.66, immediately following the day of September, 1975. 93-438, 88 Stat. 1242 (42 U.S.C. 5841), SUD first sentence in paragraph (a) (1), a new For the Nuclear Regulatory Commis- part A also issued under 5 U.S.C. 552; Subp sentence is added for consistency which sion. B also issued under 5 U.S.C. 552a. L ee V. G o ssick, reads, “Unless the request presents un­ § 9.1 Scope. usual difficulties or involves extensive Executive Director for Operations. The regulations in this part impie* numbers of records, individuals shall be 1. The table of contents, citation of ment: (a) The.provisions of ^Freedom notified of determinations to authorize authority and §§ 9.1 and 9.2 are revised of Information Act, 5 U.S.C. i,. or refuse correction or amendment of a and a new § 9.1a is added, to read as respect to the availability to the p record within 30 working days after re­ follows r of Nuclear Regulatory Commission rec ceipt of the request.” PART 9— PUBLIC RECORDS ords for inspection and copying: ana i the provisions of the Privacy Act ox 4. In paragraph 9.66(b) the term “30 Sec. 9.1 Scope. 1974, Pub. L. 93-579, with respect to days” is changed to reap! “ 30 working 9.1a Subparts. days” . 9.2 Definitions. disclosure and availability of cer

FEDERAL REGISTERr VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 RULES AND REGULATIONS 44485

Nuclear Regulatory Commission records other documentary material regardless patible with the purpose for which it was maintained on individuals. of form or characteristics, made by, in collected, as described in a notice pub­ the possession of, or under the control lished in the F ederal R egister. § 9.1a Subparls. of the NRC pursuant to Federal law or P rocedures A pplicable to R equests b y Subpart A sets forth special rules ap­ in connection with the transaction of I ndividuals for I nformation, A ccess plicable to matters pertaining to the public business as evidence of NRC orga­ or A m endm ent of R ecords M aintained Freedom of Information Act. Subpart B nization, functions, policies, decisions, A bout T hem sets forth special rules applicable to mat­ procedures, operations, programs or ters pertaining to the Privacy Act of other activities. “ Records” do not include presentation of requests 1974. objects or articles such as structures, § 9.52 Types of requests. furniture, tangible exhibits or models, or § 9.2 Definitions. vehicles and equipment. (a) Individuals may make the fol­ As used in this part: lowing requests respecting records about (a) “NRC” means the Nuclear Reg­ 3. A new subpart B following § 9.16 is themselves maintained by NRC in a sys­ ulatory Commission, established by the added to read as follows: tem of records subject to the provisions Energy Reorganization Act of 1974. Subpart B— Privacy Act Regulations of the Privacy Act of 1974: (b) “NRC personnel" means em­ (1) Request a determination whether ployees, consultants, and members of § 9.50 Scope of subpart. a record about the individual is contained advisory boards, committees and panels This subpart implements the provi­ in a system of records. of the NRC; members of boards desig­ sions of section 3 of the Privacy Act of (2) Request access to a record about nated by the Commission to preside at 1974, Pub. L. 93-579, 5 U.S.C. 552a, with the individual. Access requests may in­ adjudicatory proceedings; and officers respect to (a) the procedures by which clude requests to review the record and or employees of Government agencies, individuals may determine the existence to have a copy made of all or any portion including military personnel, assigned to of, seek access to and request correction thereof in a form comprehensible to the duty at the NRC. of NRC records concerning themselves, individual. (c) “Commission” means the commis­ and (b) the requirements applicable to (3) Request correction or amendment sion of five members or a quorum there­ NRC personnel with respect to the use of a record about the individual. of sitting as a body, as provided by sec­ and dissemination of such records. The (b) Requests for accounting of disclo­ tion 201 of the Energy Reorganization regulations in this subpart apply to all sures. Individuals may, at any time, re­ Act of 1974. records which are retrievable from a quest an accounting by NRC of disclo­ (d) “Government agency” means any system of records under the control of sures to any other person or Government executive department, military depart­ the Nuclear Regulatory Commission by agency of any record about themselves ment, Government corporation, Govern­ the use of an individual’s name or of an contained in a system of records con­ ment controlled corporation, or other identifying number, symbol, or other trolled by NRC, except the following: (1) establishment in the executive branch of identifying particular assigned to such Disclosures made pursuant to the Free­ the Government (including the Execu­ individual. Except where specifically pro­ dom of Information Act, 5 U.S.C. 552; tive Office of the President), or any inde­ vided otherwise, this subpart applies to (2) disclosures made within the Nuclear pendent regulatory agency. all NRC records maintained on individ­ Regulatory Commission; (3) disclosures (e) “Working days” means Monday uals whether they predate or postdate made to another Government agency or through Friday, except legal holidays. September 27,1975. instrumentality for an authorized law enforcement activity pursuant to 5 U.S.C. 2. A new subpart heading is added fol­ § 9.51 Definitions. 552a(b) (7 ); (4) disclosures expressly lowing § 9.2, § 9.3 is revised and a new As used in this subpart: § 9.3a is added, to read as follows: exempted by NRC regulations from the (a) “Individual” means a citizen of requirements of 5 U.S.C. 552a(c) (3) pur­ Subpart A— Freedom of information Act' the United States or an alien lawfully suant to 5 U.S.C. 552a(k) . Regulations admitted for permanent residence. § 9.53 Requests: how and where pre­ § 9.3 Scope of subpart. (b) The term “maintain” includes maintain, collect, use or disseminate. sented. This subpart prescribes procedures (c) “Record’ means any item, collec­ (a) Requests may be made in person under which NRC records are made tion or grouping of information about an or in writing. Assistance regarding re­ available to the public for inspection and individual that is maintained by the quests or other matters relating to the copying pursuant to the provisions of 5 NRC, including, but not limited to, his Privacy Act of 1974 may be obtained by U.S.C. 552. This subpart does not affect education, financial transactions, medi­ writing to the Director, Office of Admin­ the dissemination or distribution of NRC cal history, employment history or crimi­ istration, U.S. Nuclear Regulatory Com­ originated, or NRC contractor origi­ nal history, and that contains the mission, Washington, D.C. 20555. Re­ nated, information to the public pursu­ individual’s name, or the identifying quests relating to records in multiple ant to any NRC public, technical, or number, symbol or other identifying par­ systems of records should be made to the other information program or policy, nor ticular assigned to the individual, such Director, Office of Administration, U.S. is it intended to restrict or limit the free as a finger or voice print or a photograph. Nuclear Regulatory Commission, Wash­ of information between the NRC (d> “ System manager” means the ington, D.C. 20555. The Director, or his and its contractors and subcontractors, NRC official responsible for maintaining designee, shall assist the requestor in or between the NRC and a Government a system of records. identifying his request more precisely agency Except where specifically noted (e) “ Systems of records” means a and shall be responsible for forward­ otherwise, this subpart applies to all rec- group of records under the control of ing the request to the appropriate system July 4Wi 96her they predate or Postdate the NRC from which information is manager. retrieved by the name of an individual or (b) All written requests shall be made § 9.3a Definitions. by an identifying number, symbol, or. to the Director, Office of Administration, other identifying particular assigned to U.S. Nuclear Regulatory Commission, As used in this subpart: an individual. Washington, D.C. 20555, and shall clearly ooffl] "0 ® ce”. unless otherwise in (f) “Statistical record” means a rec­ state on the envelope and on the letter, ab °fflces and divisions ord in a system of records maintained as appropriate: “Privacy Act Request” , • Crieporting to or through the I for statistical research or reporting pur­ “Privacy Act Disclosure Accounting Re­ JWJ® ^rector for Operations, exc< poses only and not used in whole or in quest” , “Privacy Act Correction Request”. Director 0® °f Executive '** part in making any determination about (c) Requests may be made in person an identifiable individual, except as pro­ during official hours at the U.S. Nuclear mj b) ‘? f cord” means any book, pap vided by the Census Act, 13 U.S.C. 8. Regulatory Commission office where the S PPtt ° i>graph’ brochure> Punch ca (g) “Routine use” means, with respect record is located, as listed in the “Notice i n / ^ o i tape- Paper tape, sound recoi to the disclosure of a record, the use of of System of Records” for the system in 8, pamphlet, slide, motion picture, such record for a purpose which is com­ which the record is contained.

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44486 RULES AND REGULATIONS (b) Specific exemptions pursuant to 5 § 9.54 Verification o f identity of indi­ requirements contained in the published “ Notice of System of Records” for that U.S.C. 552a(k). individual requests for viduals making requests. access to records which have been ex­ system. (a) Identification requirements in par­ (2) Requests for correction or amend­ empted from access pursuant to the pro­ agraphs (a) (1) and (2) of this section ment of records shall, in addition, specify visions of 5 U.S.C. 552a (k) and §9.95 are applicable to any individual who the particular record involved, state the shall be processed as follows : . makes requests respecting records about nature of the Correction or amendment (1) Information classified pursuant to himself, except that no verification of sought and furnish justification for the Executive Order 11652 and exempted pursuant to 5 U.S^C. 552a(.k) (.1). Re­ identity shall be required if the records correction or amendment. requested are available to the public un­ (b) Requests which do not contain in­ quested information classified by NRC der the provisions of the Freedom of In­ formation sufficient to identify the rec­ will be reviewed by the responsible of­ formation Act. With respect to certain ord requested will be returned promptly ficial of the NRC to determine whether sensitive records, additional requirements to the requestor, with a notice indicating it continues to warrant classification f for verification of identity stated in the what information is lacking. Individuals under the criteria of sections 1 and 5 appropriate published “Notice of System making requests in person will be in­ (B ), (C>, (D ), and (E) of Executive Or­ of Records” may be imposed. formed of any deficiency in the specifica­ der 11652. Information which no longer (1) Written requests. An individual tion of records at the time the request warrants classification under these cri­ making a written request respecting a is made. Individuals making requests in teria shall be declassified and made avail­ record about himself may establish his writing will be notified of any such de­ able to the individual. If the. requested identity by a signature, address, date of ficiency when their request is acknowl­ information has been classified by an­ other agency, the responsible official of birth, employee identification number if edged. any, and one other item of identification the NRC will request the classifying such as a photocopy of a driver’s license § 9.56 Accompanying persons. ‘ agency to review the information to as­ or other document. An individual requesting access to rec­ certain if classification is still warranted. (2) Requests in person. An individual ords about himself may be accompanied If the information continues to war­ making a request in person respecting a by another individual of his own choos­ rant classification, the individual shall record about himself may establish his ing. Both the individual requesting access be advised that the information sought is identity by the presentation of a single and the individual accompanying him classified, that it has been reviewed and document bearing a photograph (such as shall sign the required form indicating continues to warrant classification, and a passport or identification badge) or by that the Nuclear Regulatory Commis­ that it has been exempted from access the presentation of two items of identi­ sion is authorized to discuss the contents pursuant to 5 U.S.C. 552a(k) (1). fication which do not bear a photograph of the subject record in the presence of (2) Investigatory material compiled but do bear a name, address and signa­ both individuals. for lawyenfor cement purposes exempted ture (such, as a driver’s license or credit pursuant to 5 U.S.C. 552a(k) (2). Re­ card). NRC PROCEDURES £OR PROCESSING .REQUESTS quests shall be responded to in the man­ (b) Inability to provide requisite docu­ § 9.60 Acknowledgment of requests. ner provided in paragraph (a) of this mentation of identity. An individual section unless a review of the informa­ (a) Written requests by individuals to making a request in person or in writing tion indicates that the information has verify the existence of, obtain access to been used or is being used to deny the respecting a record about himself who or correct or amend records about them­ cannot provide the necessary documenta­ individual any right, privilege or benefit selves maintained by NRC in a system . for which he is eligible or to which he tion of identity may provide a notarized of records subject to the provisions of statement, swearing or affirming to his would otherwise be entitled under Fed­ the Privacy Act of 1974, shall be acknowl­ identity and to the fact that he under­ eral law. In that event, the individual edged in writing by the Director, Office of shall be advised of the existence of the stands that penalties for false statements Administration, or his designee, within may be imposed pursuant to 18 U.S.C. information and shall be provided the ten working days after date of actual re­ information except to the extent it would 1001, and that penalties for obtaining a ceipt. The acknowledgment shall advise record concerning an individual under reveal the identity of a confidential the requestor if any additional informa­ source. Information that would reveal false pretenses may be imposed pursuant tion is needed to process the request. to 5 U.S.C. 552a(i) (3). Forms for such the identity of a confidential source shall Wherever practicable, the acknowledg­ be extracted or summarized in a manner notarized statements may be obtained on ment shall notify the individual whether request from the Director, Office of Ad­ which protects the source and the sum­ his request to obtain access to the record mary or extract shall be provided to the ministration, U.S. Nuclear Regulatory or to correct or amend the record has Commission, Washington, D.C. 20555. requesting individual. been granted or denied. (3) Material within a system of rec­ (c) Verification of parentage or guard­ (b) When an individual requests ac­ ianship. In addition to establishing the ords required by statute to be main­ cess to records or permission to correct tained and used solely as statisticalrec- identity of the minor, or other individual or amend records in person, every effort he represents as required in paragraph ords and exempted pursuant to 5 U.S.C. will be made to make an immediate de­ 552a(k) (4). The exempted information (a) of this section, the parent or legal termination as to whether access or cor­ guardian of a minor or of an individual requested will be reviewed by the re­ rection or amendment should be granted. sponsible official of the NRC to deter­ judicially determined to be incompetent If an immediate determination cannot shall establish his status as parent or mine whether it continue^ to warran be made, the request will be processed in exemption. Information which no longer guardian by furnishing a copy of a birth the same manner as a written request. cerificate of the minor showing parent­ warrants exemption shall be made avau- Records will be made available for im­ . able to the individual. If the information age or a copy of a court order establish­ mediate inspection whenever possible. ing guardianship. continues to warrant exemption, the in­ § 9.61 Procedures for processing re­ dividual shall be advised, that the in­ § 9.55 Specification o f records. quests for records exempt in whole formation sought is exempt from ais- (a) (1) Requests relating to records or in part. closure, that it has been reviewed and shall, insofar as practicable, specify the (a) When an individual requests in­ continues to warrant exemption, an nature of the record sought, the approxi­ formation concerning the existence of, that it has been exempted from access mate dates covered by the record, the or access to, records about himself which pursuant to 5 U.S.C. 552a(k) (4) • . system of records in which the record is have been compiled in reasonable antic­ (4) Investigatory material compiled thought to be included and the system ipation of a civil action or proceeding in solely for the purpose of manager having custody of the record either a court or before an administra­ suitability, eligibility, or qualjfiÿjMm system as shown in the annual compila­ tive tribunal, the NRC shall advise the for Federal civilian employment, Federal tion, “Notices of Records Systems” , pub­ individual only that no record available contracts, or access to classified mation and exempted pursuant to lished by the General Services Admin­ to him pursuant to the Privacy Act of istration. Requests shall, in addition, U.S.C, 552aŒ) (5). Information exempt- comply with any additional specification 1974 has been identified.

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 RULES AND REGULATIONS 44487

ed pursuant to 5 U.S.C. 552a(k) (5) shall (1) Notices granting access shall in­ relevant and necessary to accomplish an be made available to an individual upon form the individual when and where the NRC function required to be accom­ request except to the extent that the in­ requested record may be seen, how copies plished by statute or by executive order formation would reveal the identity of a may be obtained, and of any fees or of the President; confidential source. Material that would anticipated charges which may be in­ (ii) Records used by NRC in making reveal the identity of a confidential curred pursuant to § 9.85 of this sub­ any determination about any individual source shall be extracted or summarized part. shall be as accurate, relevant, current, in a manner which protects the source (2) Notices denying access shall state and complete as is reasonably necessary and the summary or extract shall be the reasons for the denial, and advise the to assure fairness to the individual in provided to the requesting individual. individual that he may appeal the denial the determination; (5) Testing or examination material to the Executive Director for Operations (iii) No record shall describe how any exempted pursuant to 5 U.S.C. 552a(k) in accordance with the procedures set individual has exercised rights guaran­ (6). Testing or examination material forth in this section. teed by the First Amendment unless such used solely to determine individual qual­ (b) Appeals from denials of access. record is expressly authorized by statute ifications for appointment or promotion Within 30 working days of the receipt of or by the individual about whom the in the Federal service which has been an initial determination denying access record is maintained, or is pertinent to exempted pursuant to 5 U.S.C. 552a(k) to a record, an individual may request a and within the scope of an authorized (6) shall not be made available to an final review and determination of his law enforcement activity. individual if disclosure would compro­ request by the Executive Director for (2) If correction or amendment of a mise the objectivity or fairness of the Operations. Requests for final review record is authorized, the Director, O f­ testing or examination process but may shall be in writing, shall be addressed to fice of Administration, or his designee, be made available if no possibility of the Executive Director for Operations, shall correct or amend the record, notify such compromise exists. U.S. Nuclear Regulatory Commission, the requesting individual in writing that § 9.62 Special procedures. Washington, D.C. 20555, and shall be the correction or amendment has been clearly marked on the request and on (a) Medical records under the control made and provide the individual with the envelope “Privacy Act Appeal—De­ a courtesy copy of the corrected record. of NRC. Requests received by NRC per­ nial of Access”. taining to medical records under the con­ (3) I f correction or amendment of a (c) Final determinations. (1) The Ex­ record is refused, the Director, Office trol of NRC, with the exception of radia­ ecutive Director for Operations, or his tion exposure records, will be made avail­ of Administration, or his designee, shall designee, shall make a final determina­ notify the requesting individual in writ­ able to a physician of the requesting in­ tion within 30 working days of receipt of dividual’s choosing. Both the physician ing of the refusal and the reasons there­ the request for final review, unless he for, and shall advise the individual of and the requestor shall first sign the re­ extends the time for good cause shown quired form indicating that NRC is au­ his right to request a review of the re­ such as the need to obtain additional fusal by the Executive Director for Oper­ thorized to disclose the contents of the information, the volume of records record to the physician. Radiation ex­ ations in accordance with the procedures involved or the complexity of the is­ set forth in this section. posure records will be made available di­ sue. The extension of time shall not rectly to the requesting individual pur­ (b) Appeals from initial adverse de­ exceed 30 additional working days. The terminations. Within 30 working days of suant to § 19.13 of this chapter. requestor shall be advised in advance .(b) Records under the control of an­ the receipt of an initial determination of of any extension of time and of the refusal to amend or correct a record in other government agency. (1) Medical reasons therefor. records. Requests received by NRC per­ whole or in part, an individual may re­ (2) If the Executive Director for Oper­ quest a final review and determination taining to medical records under the con­ ations, or his designee, determines that trol of the U.S. Public Health Service or of his request by the Executive Director access was properly denied because the for Operations. Requests for final review another Government agency will either information requested has been ex­ be referred to the appropriate agency or shall be in writing, shall be addressed empted from disclosure, he shall under­ to the Executive Director for Operations, returned to the requestor with the name take a review of the exemption to de­ of the controlling Government agency, U.S. Nuclear Regulatory Commission, termine whether the information should Washington, D.C. 20555, and shall be if known, within ten working days after continue to be exempt from disclosure. receipt by NRC. NRC will inform the re­ clearly marked on thé request and on The Executive Director for Operations, the envelope “Privacy Act Correction Ap­ questor of any referral of his request to or his designee, shall notify the indi­ another Government agency at the time peal” . Requests for final review shall set the referral is made. vidual in writing of his final determi­ forth the specific item of information nation to grant or deny the request sought to be corrected or amended and (2) Nonmedical records. Requests re­for access. Notices denying access shall ceived by NRC pertaining to nonjnedical the individual’s documentation justify­ state the reasons therefor and shall ad­ records under the control of another ing the correction or amendment. vise the individual of his right to judicial (c) Final determinations. (1) The Ex­ Government agency will be returned to review pursuant to 5 U.S.C. 552a(g). the requestor with the name of the con- ecutive Director for Operations, or his trolling Government agency, if known, § 9.66 Determinations authorizing or designee, shall make a final determina­ tion within 30 working days of receipt of by NRC t611 wor^ n£* days after receipt denying correction of records; ap­ peals. the request for final review unless, for good cause shown such as the need to determination and appeals (a) Initial determinations. ( I ) The 8 g ¿r A , . Director, Office of Administration, or his obtain additional information, the vol­ Access determinations; appeals. designee, with the advice of the system ume of records involved or the complex­ ity of the issue, he extends the time for (a) Initial determinations. The Direc- manager having control of the record, making the final determination. The ex­ «>r Office of Administration, or his sha11 determine whether to authorize or tension of time shall not exceed 30 addi­ designee, with the advice of the system re*use correction or amendment of a tional working days. The requestor shall manager having control of the record record- Unless the request presents un­ be advised in advance of any extension to which access is requested, shall deter- usual difficulties or involves extensive of time and the reasons therefor. mine whether access to the record is numbers of records; individuals shall be available under the Privacy Act and notified of determinations to authorize (2) I f the Executive Director for Oper­ ations, or his designee, makes a final notify the requesting individual in per- or refuse correction or amendment of a determination that an amendment or T?ni °r ¡5 writing of that determination. record within 30 working days after re- uniess the request presents unusual dif- ceiPt of the request. In making this de- correction of the record is warranted on ncuities or involves extensive numbers termination, the Director, or his desig- the facts, he shall notify the Director, Office of Administration, to correct or oi records, individuals shall be notified nee* sha11 he guided by the following amend the record pursuant to the proce­ to grant or deny access standards: dures in § 9.66(a)(2). the requ ^ or^lng days after receipt of (i> Records shall contain only such (3) I f the Executive Director for information about an individual as is Operations, or his designee, makes a

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 44488 RULES AND REGULATIONS final determination that an amend­ DISCLOSURE TO OTHERS OF RECORDS tion, to any committee or subcommittee thereof or to any joint committee of the ment or correction of the record is not ABOUT INDIVIDUALS Congress or to any subcommittee of such warranted on the facts, he shall notify § 9.80 Disclosure of record to persons joint committee; the individual in writing of his re­ other than the individual to whom it (10) To the Comptroller General, or fusal to authorize correction or amend­ pertains. any of his authorized representatives, ment of the record in whole or in part, and of the reasons therefor, and (а) NRC Commissioners and NRC per­ in the course of the performance of the duties of the General Accounting Office; shall advise the individual of his right sonnel shall not disclose any record to provide a “ Statement of Disagree­ which is contained in a system of records or (11) Pursuant to the order of a court of ment” for the record and of his right to maintained by NRC by any means of communication to any person, or4o an­ competent jurisdiction. judicial review pursuant to 5 U.S.C. other Government agency, except pur­ § 9.81 Notices o f subpoenas. 552a(g). suant to a written request by, or with § 9.67 Statements of disagreement. the prior written consent of, the indi­ When records concerning an individ­ ual are subpoenaed or otherwise dis­ (a) Written “ Statements of Disagree­ vidual. to whom the record pertains, closed pursuant to court order, the NRC ment” may be furnished by the individ­ unless disclosure.of the record is: (1) To NRC Commissioners and NRC officer or employee served with the sub­ ual within 30 working days of the date of poena shall be responsible for assuring receipt of the final adverse determina­ personnel who have a need for the rec­ tion of the Executive Director for ord in the performance of their duties; that the - individual is notified of the Operations. “ Statements of Disagree­ (2) Required under 5 U.S.C. 552; disclosure within five days after such subpoena or other order becomes a mat­ ment” shall be addressed to the Execu­ (.3) For a routine use published in the ter of public record. The notice shall be tive Director for Operations, U.S. Nu­ F e d e r a l R e g i s t e r ; clear Regulatory Commission, Washing­ (4) To the Bureau of the Census for mailed to the last known address of the individual and shall contain the follow­ ton, D.C. 20555, and shall be clearly purposes of planning or carrying out a ing information: (1) The date the sub­ marked on the statement and on the en­ census or survey or related activity pur­ poena is returnable; (2) the court in velope “ Privacy Act Statement of suant to the provisions of Title 13 of the which it is returnable; (3) the name Disagreement” . United States Code; (b) The Executive Director for Opera­ (5) To a recipient who has provided and number of the case or proceeding; and (4) the nature of the information tions, or his designee, shall be respon­ the agency with advance adequate writ­ sible for ensuring that: (1) The “ State­ ten assurance that the record will be used sought. ment of Disagreement” is included in solely as a satistical research or reporting § 9.82 Notices of emergency disclosures. record and the record is transferred in a the system or systems of records in When information concerning an in­ which the disputed item of information form that is not individually identifiable. The advance written statement of assur­ dividual has been disclosed to any per­ is maintained; and. (,2) the original rec­ son under compelling circumstances af­ ord is marked to indicate the informa­ ance shall (i) state the purpose for which the record is requested, and (ii) certify fecting health or safety, the NRC officer tion disputed, the existence of a or employee who made or authorized the “ Statement of Disagreement”, and the that the record will be used only for statistical purposes. Prior to release for disclosure shall notify the individual at location of the “ Statement of Disagree­ his last known address within five days ment” within the system of records. statistical purposes in accordance with the provisions of this paragraph, the rec­ of the disclosure. The notice shall con­ § 9.68 NRC Statements of Explanation. ord shall be stripped of all personally tain the following information: (a) The The Executive Director for Opera­ identifying information and reviewed to nature of the information disclosed; (b) tions, or his designee, may, if he deems ensure that the identity of any individual the person or agency to whom the in­ it appropriate, prepare a concise state­ cannot reasonably be determined by com­ formation was disclosed; (c) the date ment of the reasons why the requested bining two or more statistical records; of the disclosure; and (d) the compelling amendments or corrections were not (б) To the National Archives of the circumstances justifying the disclosure. made. Any NRC “ Statement of Explana­ United States as a record which has F e e s tion” shall be included in the system of sufficient historical or other value to war­ § 9.85 Fees. records in the same manner as the rant its continued preservation by the United States Government, or to the Ad­ (a) When charged. Fees shall not be “ Statement of Disagreement” . Courtesy charged for search for or review of rec­ copies of the NRC statement and of the ministrator of General Services or his designee for evaluation to determine ords requested pursuant to this subpart notation of dispute as marked on the or for making copies or extracts of rec­ original record shall be furnished to the whether the record has such value; (7) To another agency or to an instru­ ords in order to grant access to records individual who requested correction or and make them available for review. amendment of the record. mentality of any governmental jurisdic­ tion within or under the control of the Fees established pursuant to 31 U.S.C. § 9.69 Notices of correction or dispute. United States for a civil or criminal law 483a and 5 U.S.C. 552a(f) (5) shall be (a) When a record has been corrected enforcement activity if the activity is au­ charged according to the schedule con­ upon request or when a “ Statement of thorized by law, and if the head of the tained in paragraph (b) of this sec­ Disagreement” has been filed, the Direc­ agency or instrumentality has made a tion for actual copies of records requested tor, Office of Administration, or his des­ written request to the NRC specifying the by individuals pursuant to the Privacy ignee, shall, within 30 working days particular portion of the record desired Act of 1974, unless the Director, Office of thereof, advise all prior recipients of the and the law enforcement activity for Administration, or his designee, waives affected record whose identity can be which the record is sought. A record may the fee because of the inability of tne determined pursuant to an accounting be disclosed to a law enforcement agency individual to pay. Fees shall not pe of disclosures required by the Privacy at the initiative of the NRC if criminal charged where they would amount, in Act or any other accounting previously conduct is suspected, provided that such the aggregate, to less than $3. made, of the correction or of the filing disclosure has been established as a rou­ (b) Schedule of fees. Fees may only be assessed for reproduction charges ior of the “ Statement of Disagreement”. tine use by publication in the F e d e r a l actual copies of records requested by i (b) Any disclosure of disputed infor­ R e g i s t e r , and the instance of miscon­ mation occurring after a “ Statement of duct is directly related to the purpose for dividuals pursuant to the Privacy A Disagreement” has been filed shall which the record is maintained; 1017^ in nnnnvHariPP wlt.Tl the fOllOWlIlS clearly identify the specific information (8) To any person upon a showing of schedule: t - - . disputed and be accompanied by a copy compelling circumstances affecting the (1) Record sizes up to 8 V2 x 14 inches of the “ Statement of Disagreement” and health or safety of any individual; made on office copying machines—$0.1° a copy of any NRC “ Statement of (9) 'To either House of Congress or, to Explanation” . the extent of matter within its jurisdic­ per page copy.

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975 RULES AND REGULATIONS 44489 (2) Record sizes greater than 8 x 14 V2 are exempt from 5 U.S.C. 552a (c) (3) ; 292a.l4 DIA Privacy Act officer. inches—$0.10 for each 8V2 x 14 inch (d ); (e )(1 ); (e )(4 ) (G ), (H ) and (I) 292a.l5 Safeguarding personal information unit or fraction thereof per page copy. and (f) and are subject to the provisions in records systems. (3) Microfiche—8V2 x 11 inches— of § 9.61 of this part: 292a.l6 Disposition and destruction. $0.15 per page copy. (a) Contracts Records Files 292a.l7 System of records content. (4) The charge for reproducing rec­ 292a.l8 Annual report requirements. (b) Office of Inspector and Auditor In ­ 292a. 19 Agency fees for duplication under ords other than those specified above dex File and Associated Records will be computed on the basis of NRC’s the Privacy Act of 1974. .(c) Development and Advancement for 292a.20 Federal Register annual notice. direct costs. Regulatory Employees (DARE) Records 292a.21 Rules of conduct. (c) Notice of anticipated charges. Opportunity (d) Equal Employment B When it is anticipated that fees charge­ Records Files Subpart — Exemptions able under this section will amount to 292a.22 General information. (e) General Personnel Records (Offi­ 292aü3 Specific exemptions. more than $3, and the requestor has not cial Personnel Folder and Related Rec­ indicated in advance his willingness to ords) Au tho rity: 5 U.S.C. 522a (f), (J), and (k ). pay fees as high as are anticipated, the (f ) Personnel Security Files and Asso­ requestor shall be notified of the amount Subpart A— Implementation of the Privacy ciated Records Act of 1974 of the anticipated cost before copies are (g) Personnel Performance Appraisals made. The notification shall offer the (h) Personnel Research and Test Vali­ § 292a. 1 Purpose. requestor the opportunity to confer with dation Records To implement the “Privacy Act of NRC personnel with the object of re­ (i) Recruiting, Examining and Place­ 1974,” 5 U.S.C. 552a and DoD Directive formulating the request to meet the re­ ment Records questor’s needs at lower cost. 5400.11, “ Personal Privacy and Rights of (j) Secretariat Records Facility Files. Individuals Regarding Their Personal (d) Form and place of payment. Fee payments shall be by check, draft or [FR Doc.75-25759 Filed 9-25-75:8:45 am] Records,” within the DIA and outline money order payable to the U.S. Nuclear policy and procedures governing the re­ lease of information maintained in rec­ Regulatory Commission. No employee of Title 32— National Defense ords on individuals (a U.S. citizen or an NRC is authorized to accept payment of CHAPTER I— OFFICE OF THE fees in cash. alien lawfully admitted for permanent SECRETARY OF DEFENSE residence). . (e) Advance deposit. Where the antic­ ipated fee chargeable under this section PART 292a— -PRIVACY ACT OF 1974 § 292a.2 References. exceeds $25, an advance deposit of 25% , Adoption of Rules (a) 5 U.S.C. 552a (Privacy Act of of the-anticipated fee or $25, whichever 1974). is greater, may be required. Where a re­ In FR Doc. 75-22203 published in the F ederal R egister (40 FR No. 166, 37509 (b) 5 U.S.C. 552 (Freedom of Informa­ questor has previously failed to pay a tion A ct). fee under this section, an advance deposit thru 37516) of August 26, 1975, the De­ fense Intelligence Agency, set forth the (c) 13 U.S.C. section 8. of the full amount of the anticipated fee (d) 18 U.S.C. section 3056. may be required. Proposed Rulemaking, prescribed by the Privacy Act of 1974, within the Defense (e) DoD Directive 5400.9, “Publication ENFORCEMENT Intelligence Agency. The Director, De­ of Proposed and Adopted Regulations Affecting the Public,” 23 December 1974. §9.90 Violations. fense Intelligence Agency, after provid­ ing due time for public comment and in (f) DOD Directive 5400.11, “Personal (a) An injunction or other court order accordance with 5 U.S.C. 553, subsections Privacy and Rights of Individuals Re­ may be obtained pursuant to 5 U.S.C. 3 itnd 4 of the Administrative Procedures garding Their Personal Records,” 4 Au­ 552a (g) (1-3) to compel NRC to permit an Act and the Privacy Act of 1974; and, gust 1975. individual to review, amend or copy a after receiving no public participation (g) DoD 5200.1-R, “Information Se­ record pertaining to him, or to be accom­ in the proposed rulemaking either in per­ curity Program Regulation,” November panied by someone of his own choosing son or through the mail, written data, 1973. when he reviews his record. A court order views or arguments, does hereby adopt (h) DoD Directive 5400.7, “Availabil­ may be obtained for the payment of a and implement title 32 of the Code of ity to the Public of Department of De­ civil penalty imposed pursuant to 5 U.S.C. Federal Regulations, Part 292a, effective fense Information,” 14 February 1970. 552a(g) (4) if NRC intentionally or will­ September 27, 1975. (i) DoD Directive 7650.1, “ General Ac­ fully fails to maintain a record accu­ counting Office, Comprehensive Audits,” rately, or fails to comply with any pro- Dated: September 18,1975. 9 July 1958. vision of 5 U.S.C. 552a, or any provision D a n ie l O. G raham , n . (j) Federal Personnel Manual. of this subpart, if such failure results in , Lieutenant General, USA (k) Executive Order 9397, 22 Novem­ an adverse determination or has an ad­ Director. ber 1943. verse effect on amindividual. Court costs (i) DIAR 12-27, “ Control and Protec­ and attorney’s fees may be awarded in M aurice W . R oche, tion of ‘For Official Use Only’ Informa­ civil actions. Director, Correspondence and tion.” (b) Any officer or employee of NR< Directives OASD (Comptroller). (m) DIAR 12-39, “Availability to the who willfully maintains a system of rec September 18, 1975. Public of Department of Defense Infor­ ords without meeting the notice require mation.” of 5 U.S.C. 552a(e) (4), or wh PART 292a— PRIVACY ACT OF 1974 Willfully discloses information knowin Subpart A— Implementation of the Privacy Act of § 292a.3 Applicability. „ 1974 such disclosure to be prohibited by Sec. This regulation applies to all DIA ele­ Jo'18 j 5A2a or by any rules or regulation 292a.1 Purpose. ments and governs the collection, use, issued thereunder, may be guilty of i 292a.2 References. maintenance, storage, destruction, criminal misdemeanor and upon convic 292a.3 Applicability. amendment, appeal procedures, and re­ non may be fined up to $5000. Any persoi 292a.4 Policy. lease of records containing personal in­ who knowingly and willfully requests o 292a.5 Requests for records procedures. 292a.6 Schedule of fees. formation. This regulation is effective 27 J rin iw any record concerning an indi 292a.7 Disclosure of records. September 1975. wdual from NRC under false pretense 292a.8 Deputy Directors’ responsibilities § 292a.4 Policy. may be convicted of a criminal misde for accounting for certain dis­ closures. Upon receipt of a written request, the UP't o X o UPOn convlction mar b* flu® 292a.9 Individual request for amendment DIA will release to individuals those rec­ EXEMPTION^ of personal information. ords or reasonably segregable portions of 292a.10 DIA requirements. records which are rightfully information § 9.95 Specific exemptions. 292a.ll Privacy Act exemptions. 292a. 12 Appeal for refusal to amend or re­ which is releasable and applicable to the individual making the request. Generally, ofttSSSS*Of the following 5 uNRC s c systems - 552a(k) of ’ p°rtt reco lease a record. " 292a.13 Responsibilities. information, other than that exempted

FEDERAL REGISTER, VOL. 40, NO. 188— FRIDAY, SEPTEMBER 26, 1975