1 ----

33423

33398 33408 33398 . 33437 ...... ------No. 232—Pt. i 232—Pt. No...... (Continued inside) ...... 33400 ...... 33428 ...... — ...... — ...... PART II: EFFLUENT lines LIMITATIONS— for grain EPA mills; comment proposes by 1-4-74 guide­ HIGHLIGHTS OF THIS ISSUE TUESDAY, DECEMBER 4, 1973 nominations for Outer Continental Shelf areas off South NUCLEAR POWER PLANTS— AEC notice of draft of gen­ Pages 33385-33445 Texas WASHINGTON, D.C. OIL AND GAS LEASING— Interior Department calls for eral environmental siting guides; comments by 1-18—73.. PETROLEUM— 33412 Interior allocation Department for notice of Postal preferential Service proposes compliance labeling; comments by 12-19-73....INCOMPLETE 33405 MOTOR VEHICLES— DoT proposes certi­ FULL-SIZE CRIBS— Consumer Product Safety Commission Volume 38 ■ Number 232 held priorto approval of firefighting and evacuation plans.. 33397 PART I fication labeling by manufacturers; comments by 1-3—74.. 33404 IMPORT QUOTAS— USDA proposes limitations on sweet­ CABLE TV— FCC relaxes certificate of compliance rules for COAL MINE SAFETY— Bureau of Mines rule on fire drills FOOD ADDITIVES— FDA notice of petition for use of ad­ ened chocolate, candy andments confectionery by for 12-19-73.... 1974; com- PESTICIDES— EPA establishes tolerances for herbicide existing systems; effective 12-5-73...... ditional slimicide in food packaging articles...... 33411 on corn; effective 12-4—73 ANTIDUMPING— Treasury Department notice of inves­ tigation on tapered roller bearings from Japan

December 4. 1973— Pages 33385—33445 REMINDERS

Mo t e : There were no items published after October 1, 1972, that are eligible for Inclusion in the list of R u l e s G o in g I n t o E f f e c t T oday.

Published daily, Monday through Friday (no publication on Saturdays, Sundays, or on official Federal I ^ holidays), by the Office of the Federal Register, National Archives and Récords Service, General Services Administration, Washington, D.C. 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C., Ch' 15) and regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I ) . Distribution ¿¡F is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

The F ederal R eg ister provides a uniform system for making available to the public regulations and legal notices issued by the Executive Branch of the Federal Government. These include Presidential proclamations and Executive orders and Federal agency documents having general applicability and legal effect, documents required to be published by Act of Congress and other Federal agency documents of public interest.

The F ederal R e g ister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

There are no restrictions on the republication of material appearing in the F ederal R e g ist er .

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 HIGHLIGHTS— Continued

MEETINGS— National Capital Memorial Advisory Committee, National Endowment for the Arts: Federal Graphics 12-10-73 ...... 33424 Advisory Panel, 12-9-73...... 33421 National Petroleum Council, 12—5—73...... 33428 Civil Service Commission: Federal Employees Pay Music Advisory Panel, 12—11 through 12—13—73.— 33421 Council, 12-12-73...... 33412 NIH: Molecular Control Working Group, 12-14-73...... 33411 Treasury Department: Advisory Committee on Reform North Atlantic Regional Manpower Advisory Committee, of the International Monetary System; 12—12—73...... 33407 1-20-74 through 9 -2 2 -7 4 ...... — —- 33421 National Science Foundation: Advisory Committee for U.S. Geological Survey Earthquake Studies Advisory Planning and Institutional Affairs, 12—6 and 12—7—73.. 33421 AEC: Advisory Committee on Reactor Safeguards Sub­ Panel, 12—7—73 and 12—8—73------— ———- 33424 committee on the Savannah River Project, 12-10-73.... 33412 33422 Interior: Cedar City District Advisory Board, 1-10-74— GSA: Special Study Committee on the Selection of Grand Junction District Advisory Board, 12—13—73.— 33423 Architects and Engineers, 12-10—73...... 33420 Gateway National Recreation Area Advisory Commis- Defense Department: Advisory Group on Electron De­ sion, 12—11—73..-. 33424 vices, 12-6 and 12-18-73...... 33408 Contents AGRICULTURAL MARKETING SERVICE CUSTOMS SERVICE FEDERAL COMMUNICATIONS Proposed Rules Notices COMMISSION ¡Grapefruit grown in Arizona and Foreign currencies; certification Rules and Regulations California; expenses and rate of of rates______33407 Cable television" services; certifi- ! assessment______33400 DEFENSE DEPARTMENT cate of compliance______33398 Papayas grown in Hawaii; in­ crease in expenses------33400 Notices Proposed Rules Advisory Group on Electron De­ Educational broadcast stations; AGRICULTURAL STABILIZATION AND vices, et al.; meetings------33408 comment period extension____ 33405 CONSERVATION SERVICE DOMESTIC AND INTERNATIONAL FM broadcast stations table of Proposed Rules BUSINESS ADMINISTRATION assignments;' comment period Sweetened chocolate, candy, and Notices extension (2 documents). 33405, 33406 [ confectionery; import quotas__ 33400 Duty-free entry of scientific ar­ Notices AGRICULTURE DEPARTMENT ticles: Princeton University et al------33408 Bahamas notification list______33416 "See Agricultural Marketing Serv- Tulane Medical School______33409 Common carrier services informa­ f ice; Agricultural Stabilization University of Maryland, et al__ 33409 tion; domestic public radio serv­ and Conservation Service. ices applications accepted for ENVIRONMENTAL PROTECTION AGENCY filin g______33414 ATOMIC ENERGY COMMISSION Rules and Regulations Notices S-Ethyl Diethylthiocarbamate; FEDERAL POWER COMMISSION ¡Advisory Committee on Reactor exemptions from tolerances----- 33398 Safeguards Subcommittee on Notices | Savannah River Project; meet- Proposed Rules Exxon Corp., et al; order providing i ing ______33412 Effluent limitations guidelines; for hearing on and suspension Future High Level Waste Facilities grain processing industry____ 33437 of proposed rate changes___ *_ 33416 i Savannah River Plant, Aiken, Notices S.C.; relocation of project_____ 33412 Environmental impact statements FEDERAL RESERVE SYSTEM Nuclear power plants; environ­ and other actions impacting the Notices mental siting guides; draft re­ environment; comments------33412 Acquisitions and approvals of ac­ port ______r______33412 FEDERAL AVIATION ADMINISTRATION quisitions of banks : CIVIL AERONAUTICS BOARD Rules and Regulations Allied Bancshares, Inc______33417 Notices Airworthiness directives: Central Bancshares of the British Airways Board; prehearing Cessna ______33391 South, Inc______33417 conference and hearing______33412 Exchange Bancorporation, Inc. 33418 Piper______i — ------33391 First Security National Corp. CIVIL SERVICE COMMISSION Alterations: (2 documents)______33418 Notices Control zone______33391 Control zone and transition Orbanco, Inc______33420 Federal Employees Pay Council; area------33^92 Illinois Neighborhood Develop­ meeting______33412 RNAV routes and waypoints, ment Corp.; approval of forma­ COMMERCE DEPARTMENT correction ______33394 tion of bank holding company_ 33419 See also Domestic and Interna­ Terminal control area______33392 Interim Bank of Oxford; approval tional Business Administration. Transition area (2 documents). 33393 of application for merger of VOR Federal Airways______33393 banks ______33420 Notices Compulsory reporting point; revo­ Watches and watch movements; cation _____ 33394 GENERAL SERVICES ADMINISTRATION proposed rules for allocation of Temporary restricted area; revo­ Notices quotas for calendar year 1974 cation ______33394 among producers located in Vir­ Reduction in fuel consumption; Transition area designation (2 correction 1 ______33420 gin Islands, Guam, and Ameri- documents)______33392-33394 can Samoa______33410 Secretary of Defense; delegations VOR Federal Airway; editorial of authority (2 documents)__ _ 33420 CONSUMER PRODUCT SAFETY ch an ge______33392 Special Study Committee on the COMMISSION Waypoint reference facility_____ 33394 Selection of Architects and En­ Proposed Rules Proposed Rules gineers; meeting______33420 Full-size baby cribs; compliance Alteration of transition area (2 (Continued on next page) labeling requirement______33405 documents)______33404 33387

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33388 CONTENTS

GEOLOGICAL SURVEY Notices NATIONAL SCIENCE FOUNDATION Notices Assignment of hearings______33428 Notices Studies Advisory Panel; public Atlanta and West Point Rail Road Advisory Committee for Planning Co. et al; car distribution_____ 33429 meeting ______- ______33424 and Institutional Affairs; meet- Motor Carrier Board transfer pro­ in g ------33421 ceedings ______33429 HEALTH, EDUCATION, AND WELFARE Motor carrier temporary authority NORTH ATLANTIC REGIONAL MANPOWER DEPARTMENT applications (2 documents)__ 33430, ADVISORY COMMITTEE See Food and Drug Adminis­ 33432 Notices Penn Central Transportation Co.; tration; National Institutes of rerouting traffic______33434 Meeting ______33421 Health. St. Louis-San Francisco Railway Co.; rerouting traffic——_____ 33435 OCCUPATIONAL SAFETY AND HEALTH Notices STANDARDS Diamond Shamrock Corp.; filing LABOR DEPARTMENT Rules and Regulations of petition for food additive___ 33411 See Occupational Safety and Ground fault circuit protection; Health Administration. deferral______33397

INDIAN AFFAIRS BUREAU LAND MANAGEMENT BUREAU PETROLEUM ALLOCATION OFFICE Proposed Rules Notices Notices Indian judgment funds; use or Idaho: Middle distillate fuels; allocation distribution______33401 Partial termination of proposed preferences______33428 withdrawal of lands Navajo-Hopi lands; joint-use ______33422 National Petroleum Council, 12- Proposed withdrawal and reser­ 5-73____ 33428 grazing regulations______33402 vation of lands______33423 Meetings of the District Advisory RAILROAD RETIREMENT BOARD INTERIOR DEPARTMENT Boards : See also Geological Survey; Indian C edar______33422 Notices Affairs Bureau; Land Manage­ Grand Junction— ______33423 Determination of quarterly rate of Outer Continental Shelf Off South excise tax for Railroad Retire­ ment Bureau; Mines Bureau; Texas; call for nominations of ment Supplemental Annuity National Park Service; Petro­ areas for oil and gas leasing___ 33423 Program______33421 leum Allocation Office. MINES BUREAU SMALL BUSINESS ADMINISTRATION Notices Rules and Regulations Notices Watches and watch movements; Fire drills; application.______33397 proposed rules for allocation of . First Texas Investment Co.; ap­ NATIONAL FOUNDATION ON THE ARTS proval of transfer of control—_ 33422 quotas for calendar year 1974 AND THE HUMANITIES among producers located in Vir­ Notices STATE DEPARTMENT gin Islands, Guam, and Ameri­ Meetings: Notices can Samoa____ .______33428 Federal Graphics Advisory Panel —______——____ 33421 Deputy Under Secretary for Man­ Music Advisory Panel______33421 agement; delegation of author­ INTERNAL REVENUE SERVICE ity ______._____ 33407 Rules and Regulations NATIONAL HIGHWAY TRAFFIC SAFETY Income tax; definition of depend­ ADMINISTRATION TARIFF COMMISSION Proposed Rules ent in regard to American Notices Motor vehicle certification; label­ Bendix Corp.; workers’ petition for Samoans ______2------33395 ing of incomplete vehicles.____ 33404 determination; investigation— 33421 Notices Combination measuring tools; dis­ NATIONAL INSTITUTES OF HEALTH missal of preliminary inquiry— 33421 Regional Commission and each Notices Assistant Regional Commission Molecular Control Working TRANSPORTATION DEPARTMENT (Alcohol and Tobacco Tax); ac­ Group; meeting______33411 See Federal Aviation Administra­ ceptance or rejection of offers"" tion; National Highway Traffic NATIONAL PARK SERVICE Safety Administration. in compromise of certain liabili­ Notices ties ______33407 TREASURY DEPARTMENT Meetings of Advisory Commis­ sions: See also Customs Service; Internal INTERSTATE COMMERCE COMMISSION Gateway National Recreation Revenue Service. Notices Rules and Regulations Area-______33424 Honokohau Study______¡¿¡i 33424 Advisory Committee on Reform of Burlington Northern Inc., au­ National Capital Memorial___ 33424 the International Monetary Sys­ thorization______33399 National Register of Historic tem; meeting______— 33407 Chicago, Milwaukee, St. Paul and Places; list of additions, dele­ Tapered roller bearings from Pacific Railroad; authorization. 33399 tions, and corrections______33425 Japan; antidumping____ 33408

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 CONTENTS 33389 List of CFR Parts Affected

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

7 CFR 16 CFR 40 CFR P roposed R ules: 180—______—______33398 Proposed Rules: 1508______33405 P roposed R ules: 818______33400 __ ' 406_____ 33438 909...... — 33400 25 CFR P roposed R ules: 928______33400 47 CFR 60______33401 153______33402 76______33398 14 CFR 26 CFR P roposed R ules: 39 (2 documents) 33391 l ______33395 73 (3 documents)— _____ 33405, 33406 71 (10 documents)______33391-33394 29 CFR 73— ______— 33394 191Q 33397 49 CFR 75 (2 documents)______33394 192g_[ 33397 1033 (2 documents)______33399 Proposed Rules: 30 Qpp P roposed R ules: 71 (2 documents)______33404 75_____ 33397 567______33404

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973

33391 Rules and Regulations

This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect most of which are keyed to and codified in the Code of Federal Regulations, which is pu blished under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed In the first FEDERAL REGISTER issue of each month.

Title 1A— Aeronautics and Space by the Chief, Engineering and Manufactur­ 7250330; 34-7250331; 34-7250333; 34^7250334; ing Branch, PAA, Central Region. and 34-7250336 and up have had Piper Kit CHAPTER I— FEDERAL AVIATION ADMIN­ No. 760696V installed at the factory. ISTRATION, DEPARTMENT OF TRANS­ This amendment becomes effective PORTATION December 10,1973. This amendment becomes effective De­ cember 3,1973. [Docket No. 73-CE-20-AD, Amdt. 39-1748] (Secs. 313(a), 601, 603, Federal Aviation Act of 1958: (49 U3.C. 1354(a), 1421, 1423); (Secs. 313(a), 601, 603, Federal Aviation Act pART 39— AIRWORTHINESS DIRECTIVES' sec. 6(c), Department of-Transportation of 1958; (49 U.S.C. 1354(a), 1421, 1423); Act (49 U.S.C. 1655(c) ) .) sec. 6(c), Department of Transportation Act Cessna Model 310 Airplanes (49 U.S.C. 1655(c)).) Issued in Kansas City, Mo., on No­ As a result of a service history of fuel Issued in East Point, Ga., on Novem­ line corrosion, leaks, chafing and other vember 21,1973. potential fire hazards in the wing lead­ J ohn R. Walls, ber 16,1973. ing edge of Cessna Model 3101 airplanes, Acting Director, P. M. SWATEK, Amendment 39-1617 (38 PR 8242), AD Central Region. Director, 73-7-7, was issued to require inspection [FR Doc.73-25575 Piled 12-3-73;8:45 ami Southern Region. and modifications in the wing leading [PR Doc.73-25576 Piled 12-3-73;8:45 am] edge area of these model airplanes to [Docket No. 73-SO-29; Amdt. 39-1747] provide drainage of any possible flam­ mable fluid leakage and remove possible PART 39— AIRWORTHINESS DIRECTIVES [Airspace Docket No. 73-SO-76] sources of ignition. Subsequent to this Piper PA-34-200 Airplanes PART 71— DESIGNATION OF FEDERAL action it has been found that the Cessna Amendment 39-1639 (38 FR 13367), AD AIRWAYS, AREA LOW ROUTES, CON­ Model 3101 airplanes have a cabin heater 73-11-2, as amended by Amendment 39- TROLLED AIRSPACE, AND REPORTING fuel pump relay installed in this area 1649 (38 FR 14265), requires inspection POINTS which could be a possible source of igni­ Alteration of Control Zone tion should flammable leakage occur. The of the main landing gear support struc­ manufacturer has issued Cessna Serv­ ture and repair as necessary on Piper The purpose of this amendment to ice Letter No. ME73-5, Supplement No. Model PA-34-200 airplanes. After issuing Part 71 of the Federal Aviation Regula­ 2, dated October 19, 1973, and Service Amendment 39-1649, the Agency deter­ tions is to alter the Pensacola, Fla., con­ Kit No. 310-90A which together provide mined that after appropriate inspection trol zone. instructions and parts for relocation of and reservicing that repetitive inspec­ The Pensacola control zone is de­ this relay to an area where it can present tions are no longer necessary. Therefore, scribed in § 71.171 (38 FR 351). In the no hazard. Since the conditions described the AD is being further amended to pro­ description, a portion of the control zone herein may exist in other airplanes of vide inspection and reservicing proce­ is predicated on NAS Ellyson Field. Since the same type design an Airworthiness dures to eliminate the need for repetitive this field will be closed and all instru­ Directive (AD) is being issued applicable inspections. ment approach procedures cancelled, ef­ to Cessna Model 3101 airplanes making Since this amendment provides a fective December 14, 1973, the portion compliance with the Service Letter means to relieve the requirement for predicated on NAS Ellyson Field will no mandatory. repetitive inspections and imposes no ad­ longer be required. It is necessary to alter Since a situation exists which requires ditional burden on any person, notice the ^description to reflect this change. expeditious adoption of the amendment, and public procedure hereon are unnec­ Since this amendment is less restrictive notice and public procedure hereon are essary and the amendment may be in nature, notice and public procedure impracticable and good cause exists for made effective in less than 30 days. hereon are unnecessary. making the amendment effective in less In consideration of the foregoing, and In consideration of the foregoing, Part than thirty (30) days. pursuant to the authority delegated to 71 of the Federal Aviation Regulations In consideration of the foregoing and me by the Administrator (31 FR 13697), is amended, effective 0901 G.m.t., Decem­ pursuant to the authority delegated to § 39.13 of Part 39 of the Federal Aviation ber 14, 1973, as hereinafter set forth. me by the Administrator, 14 CFR 11.89 Regulations, Amendment 39-1639 as In § 71.171 (38 FR 351), the Pensacola, amended by Amendment 39-1649 is fur­ Fla., control zone is amended as follows: (31 PR 13697) § 39.13 of Part 39 of the ther amended as follows: “ * * * Pickens RBN, and within the Federal Aviation Regulations is (1) By amending applicability to read: portion of a 4-mile radius of NAS Elly­ amended by adding the following new Applies to Model PA-34—200 airplanes Se­ son Field (Lat. 30°31*30" N., Long. 87°- AD. rial Numbers 34-E4 and 34-7250001 through 12*00" W.), extending clockwise from a Cessna. Applies to Model 3101 (Serial Num­ 34-7450039 certificated in all categories. line 2 miles southwest of and parallel to bers 3101-0001 thru 3101-0200) airplanes. (2) By adding the following new para­ the 331° bearing from Brent LOM to the Compliance: Requireed as indicated, unless 5-mile radius zone * * *” is deleted and already accomplished. graph and note at the end thereof : “ * * * Pickens RBN * * *” is substi­ To remove possible sources of ignition in When aft wing modification kit Piper tuted therefor. (be wing leading edge area, within the next Part No. 760 696V has been installed and 25 hours* time in service after the effective the inspection and reservicing of the main (Sec. 307(a), Federal Aviation Act of 1958; date of this AD, accomplish the following:. landing gear oleo struts has been accom­ (49 U.S.C. 1348(a)); sec. 6(c), Department of Relocate the heater fuel pump relay from plished in accordance with the "instruc­ Transportation Act (49 U.S.C. 1655(c)).) (be existing location in the wing leading tions” section of Piper Service Bulletin No. Issued in East Point, Ga., on November ®dge to the inboard side of the third trailing 406, the repetitive inspections in (a), (b), edge wing rib assembly (wing station 47.83) and (c) above are no longer necessary. 19, 1973. outboard of the wing root rib in accordance N o t e : Serial Numbers 34-7250023; 34- P h il l ip M. S w atek, with Cessna Service Letter ME73-5, Supple­ 7250090; 34-7250203; 34-7250262; 34-7250275; Director, ment No. 2, incorporating Cessna Service 34-7250282; 34-7250200; 34-7250296; 34- Southern Region. bbt SK 310-90A, or later PAA-approved re­ 7250316; 34-7250817; 34-7250819; 34-7250322; visions or any other modification approved 34-7250325; 34-7250326; 34-7250328; 34- [PR Doc.73-25677 Piled 12-3-73;8:46 am]

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33392 RULES AND REGULATIONS

[Airspace Docket No. 73-SW-77] sion of comments. All comments received Area C to make sure that no possibility PART 71— DESIGNATION OF FEDERAL were favorable. of misunderstanding exists. AIRWAYS, AREA LOW ROUTES, CON­ In consideration of the foregoing, Part Since there will be no change in the TROLLED AIRSPACE, AND REPORTING 71 of the Federal Aviation Regulations is operation of aircraft, this clarification is POINTS amended, effective 0901 G.m.t., Janu­ minor in nature. Alteration of Federal Airways ary 31, 1974, as hereinafter set forth. The review also revealed minor errors 1. In § 71.171 (38 FR 351) the Sitka, of one degree in four radials used The purpose of this amendment to Part Alaska, Control Zone is amended to read in the description of Area D. In terms of 71 of the Federal Aviation Regulations is as follows: distance the error is so small that it to change the name of the Page, Okla. S it k a , A laska VORTAC to Rich Mountain, Okla., would be difficult to determine by pilot­ where it appears in the description of Within a 5-mile radius of the Sitka Air­ age and it will not affect any air port (Lat. 57°02'55” N., Long. 135“21'45” operations. VOR Federal Airways V-13 and V-315. W.); within 2 miles each side of the Biorka Therefore, it is determined th a t this Since this amendment is a minor edi­ Island VORTAC 029° and 209° radials, ex­ amendment is of such minor nature torial change on which the public would tending from the 5-mile-radius zone to 2 that notice and public procedure hereon have no particular reason to comment, miles southwest of the VORTAC; within 2 are unnecessary. In addition, since there notice and public procedure thereon are miles each side of the Sitka RBN 027° and unnecessary. However, since it is neces­ 207“ bearings, extending from the 5-mile- is no practical possibility of any change sary that sufficient time be allowed to radius zone to 2 miles southwest of the RBN; in legal burden on users, no useful pur­ permit appropriate changes to be made and within 2.5 mUes each side of the localizer pose would be served by delaying the ef­ on aeronautibal charts, this amendment northwest course, extending from the 5-mile- fective date beyond the date of publica­ radius zone to 14 miles northwest of the tion in the F ederal R egister and good will become effective more than 30 days localizer. after publication. cause exists for making this amendment effective upon such publication. In consideration of the foregoing, Part 2. In § 71.181 (38 FR 435) the Sitka, Alaska, 700-foot In consideration of the foregoing, 71 of the Federal Aviation Regulations Part 71 of the Federal Aviation Regula­ is amended, effective 0901 G.m.t., Janu­ Transition Area is amended to read as follows: tions is amended, effective December 4, ary 31,1974, as hereinafter set forth. 1973 as hereinafter set forth. Section 71.123 (38 FR 307, 9488,19814) S it k a , Ala sk a In § 71.401(a) (38 FR 622, 26905) the is amended as follows: That airspace extending upward from 700 Chicago, HI., Terminal Control Area is a. In V-13, all between “ * * *. Tex­ feet above the surface within 3 miles north­ amended as follows: arkana 184° radials;” and “Neosho, west and 2 miles southeast of the Sitka RBN In the description of Area C “* * * Mo.; * * *.” is deleted and “Rich 207° bearing, extending from the RBN to 8 Excluding Areas A and B, previously de­ Mountain, Okla.; Fort Smith, Ark.; miles southwest of the RBN; within 2 miles scribed, Areas D and E described here­ INT Fort Smith 006° and Fayetteville, each side of the Biorka Island VORTAC 148“ inafter, * * *” is deleted and “* * * Ark., 190° radials; Fayetteville, includ­ radial, extending from the VORTAC to 8 miles southeast of the VORTAC; within 2 Excluding Areas A and B, previously de­ ing a W alternate from Rich Mountain to miles each side of the Sitka RBN 147“ bear­ scribed, Area E and the airspace within Fayetteville via INT Rich Mountain 006° ing, extending from the RBN to 8 miles and underlying Area D described and Fayetteville 205° radials;” is sub­ southeast of the RBN; and within 2.5 miles hereinafter* * *” is substituted therefor. stituted therefor. each side of the localizer northwest course, In the description of Area D “* * * b. In V-315 “Page, Okla.” is deleted extending from 14 miles northwest to 22 the west by the Chicago-O’Hare VOR­ and “Rich Mountain, Okla.” is substi­ mUes northwest of the localizer. TAC 321° radial, on the south by the tuted therefor. The 1,200-foot portion of the transition area would remain unchanged. Northbrook VORTAC 269° and 094° (Sec. 307 (a) Federal Aviation Act of 1958 (Sec. 307(a), 1110, Federal Aviation Act of radials, on the east by the Chicago- (49 U.S.C. 1348(a)); sec. 6(c), Department 1958 (49 U.S.C. 1348(a), 1510); Executive O’Hare VORTAC 018° radial * * *” is of Transportation Act (49 U.S.O. 1655(c).) Order 10854 (24 FR 9565); sec. 6(c), Depart­ deleted and ***** the west by the ment of Transportation Act (49 U.S.C. Chicago-O’Hare VORTAC 322* radial Issued in Washington, D.C., on No­ 1655(c).) vember 27, 1973. on the south by the Northbrook Issued in Washington, D.C., on No­ VORTAC 270° and 095° radials, on the C harles H . N ew pol, vember 21, 1973. east by the Chicago-O’Hare VORTAC Acting Chief, Airspace and Air 019° radial * * *” is substituted Traffic Rules Division. Charles H. N ewpol, therefor. Chief, Airspace and Air [FR Doc.73-25568 Filed 12-3-73;8:45 am] (Sec. 307(a), Federal Aviation Act of 1958; Traffic Rules Division. (49 U.S.C. 1348(a)); sec. 6(c), Department ' [FR Doc.73-25574 Filed 12-3-73;8:45 am] of Transportation Act (49 U.S.C. 1655(c).) [Airspace Docket No. 73-AL-10] Issued in Washington, D.C., on No­ PART 71— DESIGNATION OF FEDERAL [Airspace Docket No. 72-WA-31 ] vember 26,1973. AIRWAYS, AREA LOW ROUTES, CON­ PART 71— DESIGNATION OF FEDERAL TROLLED AIRSPACE, AND REPORTING AIRWAYS, AREA LOW ROUTES, CON­ Charles H. N ewpol, POINTS TROLLED AIRSPACE, AND REPORTING Acting Chief, Airspace and Air Alteration of Control Zone and Transition POINTS Traffic Rules Division. Area Alteration of Terminal Control Area [FR Doc.73-25566 Filed 12-3-73;8:45 am] On September 27, 1973, a notice of On September 27, 1973, FR Doc. 73- proposed rulemaking (NPRM) was pub­ 20594 was published in the F ederal [Airspace Docket No. 73-GL-40] lished in the F ederal R egister (38 FR R egister (38 FR 26905), altering PART 71— DESIGNATION OF FEDERAL 26940) stating that the Federal Aviation Chicago, HI., Group I Terminal Control Administration (FAA) was considering AIRWAYS, AREA LOW ROUTES, CON­ Area (TCA) effective November 8,1973. TROLLED AIRSPACE, AND REPORTING an amendment to Part 71 of the Federal The TCA floors in the rule were cor­ POINTS Aviation Regulations that would alter rectly charted and pilots are now follow­ the Sitka, Alaska, Control Zone and ing the rule as chartered. However, the Designation of Transition Area Transition Area to comply with U.S. Federal Aviation Administration (FAA) On Page 24914 of the F ederal Reg­ Standard for Terminal Instrument Pro­ in reviewing the language has identified ister dated September 11, 1973, the cedures (TERP’s) and revised criteria Federal Aviation Administration pub­ for establishment of terminal controlled the possibility of a misinterpretation of the TCA floor that should be positively lished a notice of proposed rulemaking airspace. which would amend § 71.181 of part T1 Interested persons were afforded an prevented. of the Federal Aviation Regulations so opportunity to participate in the pro­ The phrase “within and underlying as to designate a transition area at posed rulemaking through the submis­ Area D” is added to the description of Hillsboro, Wisconsin.

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 oma m\m RULES AND REGULATIONS 33393

Interested persons were given 30 days Airport (lat. 46°32'59” N., long. 90°55'05” lished in the Federal R egister (38 FR to submit written comments, suggestions W.) and that airspace extending upward 27081) stating that the Federal Aviation from 1,200 feet above the surface within 9 % Administration was considering an or objections regarding the proposed miles southeast and 4% miles northwest of amendment. the 208° bearing from the airport extending amendment to Part 71 of the Federal No objections have been received and 18 % miles southwest of the airport; within Aviation Regulations that would alter the proposed amendment is hereby 9 % miles north and 4 % miles south of the several VOR Federal Airways in the vi­ adopted without change and is set forth 126° bearing from the airport extending cinity of Chicago, HI., due to the planned below. from the airport to 18% miles southeast of decommissioning of the Naperville, 111. This amendment shall be effective the airport; within 5 miles each side of the VOR. 0901 G.m.t., January 31, 1974. 306° bearing from the airport extending Interested persons were afforded an from the airport to 12 miles northwest of the opportunity to participate in the pro­ (Sec. 307(a), Federal Aviation Act of 1958 airport, excluding the portion that overlies posed rulemaking through the submis­ (49 U.S.C. 1348)4. sec. 6(c), Department of the Ironwood, Mich., and Hayward and Cable, Wis., transition areas. sion of comments. All comments re­ Transportation Act (49 U.S.C. 1655(c).) ceived were favorable. Issued in Des Plaines, Illinois, on [FR Doc.73-25571 Filed 12-3-73;8;45 am] In consideration of the foregoing, Part November 2, 1973, 71 of the Federal Aviation Regulations [Airspace Docket No. 73—GL-39] is amended, effective 0901 G.m.t., March E. O. Ziegler, 28, 1974, as hereinafter set forth. Acting Director, PART 71— DESIGNATION OF FEDERAL Section 71.123 (38 FR 307, 8133, 26444, Great Lakes Region. AIRWAYS, AREA LOW ROUTES, CON­ TROLLED AIRSPACE, AND REPORTING 15622, 19964, 19672, and 37 FR 23329) In § 71.181 (38 FR 435), the following POINTS is amended as follows: transition area is added: 1. In V-6; “Naperville, HI.;“ is deleted, Alteration of Transition Area H illsb o r o , Wise. and “INT Cordova 087° and DuPage, HI., On Page 26812 of the F ederal R egister 255° radials; to DuPage. From INT Chi­ That airspace extending upward from 700 dated September 26, 1973, the Federal cago Heights, 111., 358° and South Bend, feet above the surface within a 8-mile radius Ind., 271° radials;” is substituted there­ of the Kickapeo Airport (latitude 43°39'24" tice of proposed rulemaking which would N. longitude 90° 19’41” W.). amend §71.181 of Part 71 of the Federal for. Aviation Regulations so as to alter the 2. In V-8 ; “INT Cordova 087° ar.d This amendment is proposed under the transition area at Hayward and Cable, Joliet, HI., 316° radials;” is deleted, and authority of section 307(a) of the Fed­ Wisconsin. “INT Cordova 087° and Joliet, HI., 291° eral Aviation Act of 1958 (49 U.S.C. Interested persons were given 30 days radials:” is substituted therefor. 1348), and of section 6(c) of the to submit written comments, suggestions 3. In V-9; “Naperville, HI.; INT Naper­ Department of Transportation Act (49 or objections regarding the proposed ville 317° and Milwaukee, Wis., 205° U.S.C. 1655(c)). amendment. radials; Milwaukee;” is deleted, and [FR Doc.73-25578 Filed 12-3-73:8:45 am] No objections have been received and “INT Joliet 329° and Milwaukee, Wis., the amendment as so proposed is hereby 209° radials; Milwaukee; including a W adopted, subject to the following change: alternate via INT Pontiac 346° and Mil­ [Airspace Docket No. 73-GL-28] In § 71.181 (38 FR 435) the description waukee 209° radials;” is substituted PART 71— DESIGNATION OF FEDERAL of the Hayward and Cable, Wisconsin, therefor. APRWAYS, AREA LOW ROUTES, CON­ transition area is amended by deleting 4. In V-10; “INT Bradford 056° and TROLLED AIRSPACE, AND REPORTING the proposed 1200-foot transition area, Naperville, HI., 253° radials; Naperville; POINTS the following transition area is amend­ South Bend, Ind., including a N alter­ nate via INT Naperville 075° and South Alteration of Transition Area ed to read: H ayward and Cable, W is c o n s in Bend 290° radials;” is deleted and “INT On Page 16080 of the F ederal R eg­ Bradford 056° and Chicago O’Hare, El., ister dated June 20, 1973, the Federal That airspace extending upward from 700 236° radials; to Chicago O’Hare. From feet above the surface within a 7-mile radius Aviation Administration published a of Hayward Municipal Airport (latitude INT Chicago Heights, HI., 358° and South notice of proposed rulemaking which 46°01'00” N„ longitude 91°27'00” W.) and Bend, Ind., 271° radials; South Bend;” would amend § 71.181 of Part 71 of the within 8-mile radius of. Cable Union Airport is substituted therefor. Federal Aviation Regulations so as to (latitude 46°11'30” W., longitude 91°15'00” 5. In V-97; “Chicago Heights, 111.; alter the transition area at Ashland, W.), and within 4% miles each side of the Joliet, HI.; INT Joliet 008° and Naper­ Wisconsin. 206° bearing from the Hayward Airport ex­ ville, HI., 340° radials; INT Naperville tending from the 7-mile radius to 11 miles Interested persons were given 30 days southwest of the airport and within 4% miles 340° and Janesville, Wis., 111° radials:” to submit written comments, suggestions east and 9% miles west of the 023° bearing is deleted and “to Chicago Heights, H\ or objections regarding the proposed from the Hayward Airport extending from From Northbrook, HI.; Janesville, Wis.; amendment. the 7-mile radius to 18% miles northeast of is substituted therefor. No objections have been received and the airport. 6. In V-100; “INT Rockford 079°” is the proposed amendment is hereby This amendment shall be effective 0901 deleted, and “INT Rockford 080°” is sub­ adopted without change and is set forth G.m.t., January 31,1974. stituted therefor. below. 7. In V-116; “Joliet, HI.; Naperville, (Section 307(a), Federal Aviation ACt of HI.; Keeler, Mich., including a south al­ This amendment shall be effective 1958; (49 U.S.C. 1348); sec. 6(c), Department ternate via Naperville 089° and Keeler 0901 G.m.t., December 6, 1973. of Transportation Act (49 U.S.C. 1655(c).) 234° radials;” is deleted and “to Joliet, (Sec. 307(a), Federal- Aviation Act of 1958 Issued in Des Plaines, Illinois, on No­ HI. From INT Keeler, Mich. 256° and (49 U.S.C. 1348); sec. 6(c) of the Department vember 13, 1973. Knox, Ind., 335° radials; Keeler;” is sub­ of Transportation Act (49 U.S.C. 1655(c)).) R. O. Ziegler, stituted therefor. Acting Director, 8. In V-177; “From Naperville, HI.,” is Issued in Des Plaines, Illinois, on Great Lakes Region. deleted, and “From DuPage, HI., via” is September 13, 1973. [FR Doc.73-25570 Filed 12-3-73;8:45 am] substituted therefor. R. O. Ziegler, 9. In V-218; “Rockford, HI.; INT Acting Director, [Airspace Docket No. 73-GL-44] Rockford 136° and Naperville, HI., 290° Great Lakes Region. PART 71— DESIGNATION OF FEDERAL radials; Naperville; Keeler, Mich.;” is In § 71.181 (38 FR 435), the following AIRWAYS, AREA LOW ROUTES, CON­ deleted and “to Rockford, HI. From transition area is amended to read: TROLLED AIRSPACE, AND REPORTING Keeler, Mich., via” is substituted there­ POINTS A s h la n d , Wis. for. Alteration of VOR Federal Airways 10. In V-227; V-227 is amended to That airspace extending upward from 700 feet above the surface within an 8-mile On September 28, 1973, a notice of read: “From Lafayette, Ind., via Roberts, radius of the John F. Kennedy Memorial proposed rulemaking (NPRM) was pub- HI.; Pontiac, HI.; to Rockford, HI.”

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 No. 232—-Pt. I---- 2 33394 RULES AND REGULATIONS

11. In V-429; All after “Joliet, M.r” islations is to revoke compulsory reporting unnecessary. Since the action relieves a deleted and “INT Joliet 351° and Du­ point, Saufley, Fla. restriction upon the public, it may be­ Page, 111., 185° radials; DuPage; INT Saufley, Fla., is designated as a com­ come effective in less than 30 days after DuPage 346° and Oshkosh, Wis., 187° ra- pulsory reporting point on V-198. How­ publication. dials; to Oshkosh.’’ is substituted there­ ever, V-198 between Brookley, Ala., and In consideration of the foregoing, Part for. Crestview, Fla., via Saufley, Fla., has 73 of the Federal Aviation Regulations- (Sec. 307(a), Federal Aviation Act of 1958 been revoked (ASD 73-SO-32) effective is amended, effective December 4, 1973, (49 U.S.C. 1348(a)); sec. 6(c), Department of November 8, 1973. Since V-198 was the as hereinafter set forth, Transportation Act (49 U.S.C. 1655(c)).) only airway utilizing Saufley VORTAC In § 73.37 (38 FR 650, 28555) for its route alignment, there is no fur­ Issued in Washington, D.C. on Novem­ ther requirement to retain it as a charted R-3705 Brave Shield VII, Fort Camp­ ber 27, 1973. compulsory reporting point. Therefore, bell, Ky., is revoked. Charles H. Newpol, action is taken herein to revoke that (Sec. 307(a), Federal Aviation Act of 1958 Acting Chief, Airspace and Air reporting point. (49 U.S.C. 1348(a) ) ; sec. 6(c), Department of Traffic Rules Division. Since this amendment is minor in Transportaion Act (49 U.S.C. 1655(c).) [FR Doc.73-25567 Filed 12-3-73;8:45 am] nature with no substantive change in the Issued in Washington, D.C., on No­ regulations, and one in which the public vember 27,1973. [Airspace Docket No. 73-GL-41J would have no particular reason to com­ ment, notice and public procedure Charles H. Newpol, PART 71— DESIGNATION OF FEDERAL thereon are unnecessary. However, since Acting Chief, Airspace and Air AIRWAYS, AREA LOW ROUTES, CON­ time must be allowed to make appropri­ Traffic Rules Division. TROLLED AIRSPACE, AND REPORTING ate changes on aeronautical charts, this [FR Doc.73-25569 Filed 12-3-73;8:45 am] POINTS amendment will become effective Jan­ Designation of Transition Area uary 3,1973. On Page 26813 of the F ederal R egister In consideration of the foregoing, Part [Airspace Docket No. 73-WA-19] dated September 26, 1973, the Federal 71 of the Federal Aviation Regulations is amended, effective 0901 G.m.t., Jan­ PART 75— ESTABLISHMENT OF JET Aviation Administration published a no­ ROUTES AND AREA HIGH ROUTES tice of proposed rulemaking which would uary 31, 1974, as hereinafter set forth. amend section 71.181 of part 71 of the Section 71.203 (38 FR 606) is amended Alteration of RNAV Routes and Waypoints; Federal Aviation Regulations so as to as follows; Correction designate a transition area at Staples, “Saufley, Fla.” is deleted. On August 30, 1973, FR Doc. 73-18370 Minnesota. (Sec. 307(a), Federal Aviation Act of 1958 was published in the F ederal Register Interested persons were given 30 days (49 U.S.C. 1348(a)); sec. 6(c), Department (38 FR 23397) and amends Part 75 of the to submit written comments, suggestions of Transportation Act (49 U.S.C. 1655(c)).) Federal Aviation Regulations, effective or objections regarding the proposed Issued in Washington, D.C., on No­ amendment. vember 26,1973. 0901 G.m.t., November 8, 1973, by alter­ No objectives have been received and ing several RNAV routes. FR Doc. 73- the proposed amendment is hereby Charles H. Newpol, 18370 described the location of Cedar adopted without change and is set forth Acting Chief, Airspace and Air Traffic Rules Division. Bluff Waypoint 38°29'43" N., 100°00'41° below. W., which should have correctly been This amendment shall be effective [FR Doc.73-25565 Filed 12-3-73;8:45 am] 0901 G.m.t., January 31,1974. 38°29'43" N., 100°10'41" W. FR Doc. (Sec. 307(a), Federal Aviation Act of 1958 (49 73-18370 showed the Walnut Ridge, Ark., U.S.C. 1348); Sec. 6(c), Department of Trans­ [Airspace Docket No. 73-SO-33] Waypoint as being located in Ariz., in­ portation Act (49 U.S.C. 1655(c)).) PART 73— SPECIAL USE AIRSPACE stead of Ark. Action to make these cor­ rections is taken herein. Issued in Des Plaines, Illinois, on No­ Revocation of Temporary Restricted Area vember 13, 1973. Since amending the description of R. O. Ziegler, The purpose of this amendment to these waypoints is a minor editorial Acting Director; Part 73 of the Federal Aviation Regula­ change on which the public would have Great Lakes Region. tions is to revoke temporary Restricted Area, Rr-3705, Brave Shield VII, Fort no particular reason to comment, notice In § 71.181 (38 FR 435), the following Campbell, Ky. and public procedure thereon are un­ transition area is added: On October 15,1973, an amendment to necessary. S t a pl e s, M i n n . Part 73 of the Federal Aviation Regula­ In consideration of the foregoing, ef­ That airspace extending upward from 700 tions was published in the F ederal fective December 4, 1973, FR Doc. 73- feet above the surface within a 5-mile radius R egister (38 FR 28555) designating a 18370 (38 FR 23397) is amended as here­ of the Staples Municipal Airport (latitude temporary Restricted Area, R-3705, 46°22'48'' N., longitude 94°48'08" W.), and Brave Shield VII, Fort Campbell, Ky., inafter set forth. within 3 miles each side of the 311° bearing effective 0901 G.m.t., December 6, 1973. 1. In center column,' line three; from Staples Municipal Airport, extending Delete “29'43" N., 100°00'41" W., from the 5-mile radius to eight miles north­ The restricted area was designated to west of the 311“ bearing from the airport, contain a joint military exercise “Brave Garden City,” and substitute “29'43'' tending upward from 1200 feet above the Shield VH” scheduled from December 6 N„ 100°10'41" W., Garden City,” there­ surface within 4 y2 miles east and 9 y2 miles through 11, 1973. for. west of the 311° bearing from the airport, As a result of its continuing review extending to 18 y2 miles northwest of the air­ 2. In the right column, line 22 ; port, excluding that portion south of lati­ of Department of Defense activities in Delete “N., 89°57'35" W., Walnut tude 46°30'00” N. light of the energy conservation pro­ Ridge, Ariz.;” and substitute “N., 89°57'- [FR Doc.73-25579 Filed 12-3-73;8:45 am] gram, the Department of Defense has 35" W., Walnut Ridge, Ark.;” therefor. canceled the exercise. Accordingly, the (Sec. 307(a), Federal Aviation Act of 1958, [Airspace Docket No. 73-WA-46] justification for temporary Restricted (49 U.S.C. 1348(a) ) ; sec. 6(c), Department of PART 71— DESIGNATION OF FEDERAL Area, R-3705, no longer exists and the Transportation Act (49 U.S.C. 1655(c).) AIRWAYS, AREA LOW ROUTES, CON­ FAA has determined that its designation Issued in Washington, D.C., on No­ TROLLED AIRSPACE, AND REPORTING should be revoked. vember 2,1973. POINTS Since the revocation of R-3705 is a Claude F eatherstone, Revocation of Compulsory Reporting Point minor matter on which the public would Acting Chief, Airspace and Air The purpose Of this amendment to have no particular desire to comment, Traffic Rules Division. Part 71 of the Federal Aviation Regu- notice, and public procedure thereon are [FR Doc:73-25572 Filed 12-3-73; 8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 RULES AND REGULATIONS 33395

[Airspace Docket No. 73-WA-43] Adoption of amendments to the reg­ (b) Rules relating to general defini­ PART 75— ESTABLISHMENT OF JET ulations. The Income Tax Regulations tion. For purposes of this section— ROUTES AND AREA HIGH ROUTES (26 CFR Part 1) are amended as set (1) The terms “brother” and “sister” forth below: include a brother or sister by the half- Alteration of Waypoint Reference Facility P aragraph 1. Section 1.152(b) (3) is blood. The purpose of this amendment to amended to read as set forth below: (2) In determining whether any of the Part 75 of the Federal Aviation Regula­ P ar. 2. Paragraph (a)(1), (2) (i) and relationships specified in subsection (a) tions is to change the name of the refer­ (iii) of § 1.152-2 is amended to read as or paragraph (I) of this subsection ence facility of Tulsa, Okla., waypoint on set forth below: exists, a legaljy adopted child of an in­ J991R from Oklahoma City, Okla., to Because this Treasury decision is not dividual (and a child who is a member Tulsa, Okla. adverse to the interests of any taxpayer of an individual’s household, if placed Tulsa waypoint is used also,in the de­ and merely conforms the regulations to with such individual by an authorized scription of J992R, effective November statutory changes it is found that it is placement agency for legal adoption by 8,1973 (38 FR 26715), and reference fa­ unnecessary to issue this Treasury such individual), or a foster child of an cility for Tulsa waypoint on J992R will decision with notice and public procedure individual (if such child satisfies the re­ be changed to Tulsa to provide more pre­ thereon under (5 U.S.C. 553 (b)), or sub­ quirements of subsection (a) (9) with re­ cise navigational guidance. Use of a ject to the effective date limitation of (5 spect to such individual), shall be treated single reference facility for waypoints U.S.C. 553 (d)). as a child of such individual by blood. used on multiple routes reduces chart (Sec. 7805 of the Internal Revenue Code of (3) The term “dependent” does not clutter and simplifies traffic control and 1954 (68A Stat. 917; (26 U.S.C. 7805))" include any individual who is not a citi­ flight procedures. Accordingly, action is zen or national of the United States taken herein to specify the same way- [seal] D onald C. Alexander, unless such individual is a resident of the point for Tulsa on J991R as will be used Commissioner of Internal Revenue. United States, of a country contiguous to for Tulsa -on J992R after November 8, Approved: November 21, 1973. the United States, of the Canal Zone, or 1973. bpS of the Republic of Panama. The preced­ Since this amendment is a minor edi­ F rederic W. Hickman, ing sentence shall not exclude from the torial change on which the public would Assistant Secretary of the Treas­ definition of “dependent” any child of have no particular reason to comment, ury. the taxpayer— notice and public procedure thereon are §1.152 Statutory provisions; depend­ (A) Bom to him, or legally adopted by unnecessary, and it may be made effec­ ent defined. him, in the Philippine Islands before January 1, 1956, if the child is a resident tive less than 30 days after publication. Sec. 152.Dependent defined—(a) Gen­ In consideration of the foregoing, Part of the Republic of the Philippines, and eral definition. For purposes of this sub­ if the taxpayer was a member of the 75 of the Federal Aviation Regulations is title, the term “dependent” means any amended, effective 0901 G.m.t., Novem­ Armed Forces of the United States at the of the following individuals over half of time the child was born to him or legally ber 8,1973, as hereinafter set forth. whose support, for the calendar year in Section 75.400 (38 FR 700, 23397) is adopted by him, or which the taxable year of the taxpayer (B) Legally adopted by him, if, for amended as follows: begins, was received from the taxpayer In J991R “Tulsa, OK. 36°11'46" N. the taxable year of the taxpayer,. the (or is treated under subsection (c) or (e) child has as his principal place of abode 95°47T6" W. Oklahoma City, OK.” is as received from the taxpayer): deleted and Tulsa, Okla. 36°11'46" N., the home of the taxpayer and is a mem­ (1) A son or daughter of the taxpayer, ber of the taxpayer’s household, and if 95°47'16" W. Tulsa, Okla.” is substituted or a descendant of either, therefor. the taxpayer is a citizen or national of (2) A stepson or stepdaughter of the the United States. (Sec. 307(a), Federal Aviation Açt of 1958; taxpayer, (4) A payment to a wife which is in­ (49 U.S.C. 1348(a)); sec. 6(c), Department (3) A brother, sister, stepbrother, or of Transportation Act (49 U.S.C. 1655(c).) cludible in the gross income of the wife stepsister of the taxpayer, under section 71 or 682 shall not be Issued in Washington, D.C., on Novem­ (4) The father or mother of the tax­ treated as a payment by her husband for ber 2, 1973. payer, or an ancestor of either, the support of any dependent. (5) A stepfather or stepmother of the Claude F eatherstone, (5) An individual is not a member of taxpayer, the taxpayer’s household if at any time Acting Chief, Airspace and Air (6) A son or daughter of a brother or Traffic Rules Division. during the taxable year of the taxpayer sister of the taxpayer, the relationship between such individual [FR Doc.73-25573 Filed 12-3-73;8:45 am] (7) A brother or sister of the father and the taxpayer is in violation of local or mother of the taxpayer, law. Title 26— Internal Revenue (8) A son-in-law, daughter-in-law, (c) Multiple support agreements. For CHAPTER I— INTERNAL REVENUE SERV­ purposes of subsection (a>, over half of father-in-law, mother-in-law, brother- the support of an individual for a calen­ ICE, DEPARTMENT OF THE TREASURY in-law, or sister-in-law of the taxpayer, SUBCHAPTER A— INCOME TAX dar year shall be treated as received from (9) An individual (other than an in­ the taxpayer if— [Income Tax Regulations; TJD. 7291] dividual who at any time during the tax­ (1) No one person contributed over PART 1— INCOME TAX; TAXABLE YEARS able year was the spouse, determined half of such support; BEGINNING AFTER DECEMBER 31, 1953 without regard to section 153, of the tax­ (2) Over half of such support was re­ Definition of Dependent With Respect to payer) who, for the taxable year of the ceived from persons each of whom, but American Samoans taxpayer, has as his principal place of for the fact that he did not contribute This Treasury decision conforms the abode the home of the taxpayer and is a over half of such support, would have Income Tax Regulations (26 CFR Part member of the taxpayer’s household, or been entitled to claim such individual 1) to subsection (a) of the Act of Octo­ (10) An individual who— as a dependent for a taxable year begin­ ber 27, 1972 (Pub. L. 92-580, 86 Stat. 1276). These amendments extend the (A) Is a descendant of a brother or ning in such calendar year; definition of “dependent” to include “na­ sister of the father or mother of the tax­ (3) The taxpayer contributed over 10 tionals” of the United States who other­ payer, percent of such support; and wise would qualify as dependents under (B) For the taxable year of the tax­ (4) Each person described in para­ Prior law but for the fact that they are payer receives institutional care required graph (2) (other than the taxpayer) who hot citizens of the United States. In prac­ by reason of a physical or mental disabil­ contributed over 10 percent of such sup­ tice, this change will apply only to Ameri­ ity, and port files a written declaration (in such can Samoans as the residents of Puerto (C) Before receiving such institutional manner and form as the Secretary or his Rico, Guam, and the Virgin Islands are care, was a member of the same house­ delegate may by regulations prescribe) United States citizens. hold as the taxpayer. that he will not claim such individual as FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 197! 33396 RULES AND REGULATIONS a dependent for any taxable year begin­ (3) Itemized statement required. If a withstanding temporary absences from ning in such calendar year. taxpayer claims that paragraph (2) (B) the household due to special circum­ (d) Special support test in case of stu­ applies with respect to a child for a cal­ stances. A nonpermanent failure to oc­ dents. For purposes of subsection (a), in endar year and the other parent claims cupy the common abode by reason of the case of any individual who is— that paragraph (2) (B) (i) is not satisfied illness, education, business, vacation, (1) A son, stepson, daughter, or step­ or claims to have provided more for the military service, or a custody agreement daughter of the taxpayer (within the support of such child during such calen­ under which the legally adopted child is meaning of this section), and dar year than the taxpayer, each parent absent for less than six months in the (2) A student (within the meaning of shall be entitled to receive, under regula­ taxable year of the taxpayer shall be section 151(e) (4)), tions to be prescribed by the Secretary considered temporary absence due to amounts received as scholarships for or his delegate, an itemized statement of special circumstances. The fact that a study at an educational institution (as the expenditures upon which'the other legally adopted child dies during the defined in section 151(e) (4)) shall not parent’s claim of support is based. year shall not deprive the taxpayer of be taken into account in determining (4) Exception for multiple-support the deduction if the child lived in the whether such individual received more agreement. The provisions of this sub­ household for the entire part of the year than half of his support from the tax­ section shall not apply in any case where preceding his death. The period during payer. over half of the support of the child is the taxable year preceding the birth of (e) Support test in case of child of di­ treated as having been received from a a child shall not prevent such child from vorced parents, etc.—(1) General rule.— taxpayer under the provisions of subsec­ qualifying as a dependent under this If— tion (c). subparagraph. Moreover, a legally (A) A child (as defined in section 151 (5) Regulations. The Secretary or his adopted child who actually becomes a (e) (3)) receives over half of his support delegate shall prescribe such regulations member of the taxpayer’s household during the calendar year from his par­ as may be necessary to carry out the pirn- during the taxable year shall not be ents who are divorced or legally sepa­ poses of this subsection. prevented from being considered a mem­ rated under a decree of divorce or sepa­ [Sac. 152 as amended by sec. 2, Act of Aug. 9, ber of such household for the entire tax­ rate maintenance, or who are separated 1955 (Public Law 333 , 84th Cong., 69 Stat. able year, if the child is required to re­ under a written separation agreement, 626); sec. 4, Technical Amendments Act of main in a hospital for a period following 1958 (72 Stat. 1607); sec. 1, Act of Sept. 23, its birth and if such child would other­ and 1959 (Public Law 86-376, 73 Stat. 699); sec. wise have been a member of the tax- (B) Such child is in the custody of one 1, Act of Aug. 31, 1987 (Public Law 90-78, 81 paver’s household during such period. or both of his parents for more than Stat. 191); sec. 1, Act of Oct. 27, 1972 (Pub. (iii) For purposes of section 152(b)(3) one-half of the calendar year, L. 92-580,86 Stat. 1276)] (B) and this subparagraph, any child Such child shall be treated, for purposes 0 1.152-2 Rules relating to general defi­ whose legal adoption by the taxpayer (a of subsection (a), as receiving over half nition of dependent. citizen or national of the United States) of his support during the calendar year (a) (1) Except as provided in subpara­becomes final at any time before the end from the parent having custody for a graph (2) of this paragraph, to qualify of the taxable year of the taxpayer shall greater portion of the calendar year as a dependent an individual must be a not be disqualified as a dependent of such unless he is treated, under the provisions citizen or resident of the United States taxpayer by reason of his citizenship, of paragraph (2), as having received over or be a resident of the Canal Zone, the nationality, or residence, provided the half of his support for such year from Republic of Panama, Canada, or Mexico, child lived with the taxpayer and was a the other parent (referred to in this sub­ or, for taxable years beginning after De­ member of the taxpayer’s household for section as the parent not having cember 31, 1971, a national of the United the entire taxable year in which the custody). States, at some time during the calendar legal adoption became final. For example, (2) Special rule. The child of parents year in which the taxable year of the A, a citizen of the United States who described in paragraph (1) shall be taxpayer begins. A resident of the Re­ makes his income tax returns on the treated as having received over half of public of the Philippines who was bom to basis of the calendar year, is employed in his support during the calendar year or legally adopted by the taxpayer in the Brazil by an agency of the United States from the parent not having custody if— Philippine Islands before January 1, Government. In October 1958 he takes (A) (i) The decree of divorce or of 1956, at a time when the taxpayer was a into his household C, a resident of Brazil separate maintenance, or a written member of the Armed Forces of the who is not a citizen of the United States, agreement between the parents applica­ United States, may also be claimed as a for the purpose of initiating adoption ble to the taxable year beginning in such dependent if such resident otherwise proceedings. C lives with A and is a mem­ calendar year, provides that the parent qualifies as a dependent. For definition ber of his household for the remainder not having custody shall be entitled to of “Armed Forces of the United States,” of 1958 and for the entire calendar year any deduction allowable under section see section 7701 (a) (15) . 1959. On July I, 1959, the adoption 151 for such child, and (2) (i) For any taxable year beginning proceedings were completed and C be­ (ii) Such parent not having custodyafter December 31, 1957, a taxpayer who came the legally adopted child of A. If provides at least $600 for the support of is a citizen, or, for any taxable year be­ C otherwise qualifies as a dependent, he such child during the calendar year, or ginning after December 31, 1971, a may be claimed as a dependent by A (B) (i) The parent not having cus­ national, of the United States is per­ for 1959. tody provides $1,200 or more for the sup­ mitted under section 152(b)(3) (B) to (b) A payment to a wife which is in­ port of such child (or if there is more treat as a dependent his legally adopted cludible in her gross income under sec­ than one such child, $1,200 or more for child who lives with him, as a a member tion 71 or section 682 shall not be all of such children) for the calendar of his household, for the entire taxable considered a payment by her husband year, and year and who, but for the citizenship, for the support of any dependent. (ii) The parent having custody of such nationality, or residence requirements of (c ) (1) For purposes' of determining child does not clearly establish that he section 152(b) (3) and subparagraph (1) the existence of any of the relationships provided more for the support of such of this paragraph, would qualify as a specified in section 152 (a) or (b)(1). a child during the calendar year than the dependent of the taxpayer for such tax­ legally adopted child of an individual parent not having custody. able year. shall be treated as a child of such in­ (ii) Under section 152(b)(3)(B) and dividual by blood. For purposes of this paragraph, amounts (2) Fdr any taxable year beginning expended for the support of a child or this subparagraph, it is necessary that the taxpayer both maintain and occupy after December 31, 1958, a child who is children shall be treated as received the household. The taxpayer and his a member of an individual’s household from the parent not having custody to legally adopted child will be considered also shall be treated as a child of such the extent that such parent provided as occupying the household for the en­ individual by blood if the child was amounts for such support. tire taxable year of the taxpayer not­ placed with the individual by an author-

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 RULES AND REGULATIONS 33397

ilzed placement agency for legal adoption be postponed pending reconsideration in Title 30— Mineral Resources [pursuant to a formal application filed order to determine whether the GFCI CHAPTER I— BUREAU OF MINES, by the individual with the agency. For should be set to trip at some other higher DEPARTMENT OF THE INTERIOR Urposes of this subparagraph an au- level. SUBCHAPTER O—COAL MINE HEALTH AND jtharized placement agency is any agency The recommendation of the Advisory SAFETY which is authorized by a State, the Dis­ Committee on Construction Safety and trict of Columbia, a possession of the Health and the petition of the National PART 75— MANDATORY SAFETY STAND­ United States, a foreign country, or a Constructors Association raise serious ARDS, UNDERGROUND COAL MINES [political subdivision of any of the fore­ questions as to whether the GFCI re­ Fire Drills going to place children for adoption. A quirement is feasible. Therefore, it is nec­ On October 31, 1973, there was pub­ taxpayer who claims as a dependent a essary to defer the effective date of the lished and promulgated in the F ederal L.hiifi placed with him for adoption shall requirement until it has been recon­ R egister (38 FR 29997) a new § 75.1101- attach to his income tax return a state­ sidered on the basis of a public hearing, 23 which was added to Part 75. The pur­ ment setting forth the name of the child notice of which will appear shortly in the pose of this notice is to clarify the in­ if or whom the dependency deduction is F ederal R egister. Accordingly, pursuant mimed, the name and address of the to section 6(b) of the Williams-Steiger tent of § 75.1101-23 and to explain an ¡authorized placement agency, and the Occupational Safety and Health Act of apparent conflict in the provisions of the date the formal application was filed 1970 (84 Stat. 1593; 29 U.S.C. 655); Sec­ standard. [with the agency. tion 107 of the Contract Work Hours and Paragraph (c) of § 75.1101-23 provides (3) The application of this paragraphSafety Standards Act (83 Stat. 96; 40 that the operator of an underground coal ¡may be illustrated by the following U.S.C. 333), and Secretary of Labor’s mine shall require all miners to partici­ Order No. 12-71 (36 FR 8754) Parts 1910 pate in fire drills, which shall be held so example: as to ensure that all miners participate I PR Doc.73-25648 Filed 12-3-73; 8:45 am] and 1926 of Title 29 of the Code of Fed­ eral Regulations are amended as set forth in such a drill no later than January 31, below. Public notice and procedure on 1974, and at intervals of not more than Title 29— Labor the suspension is impracticable because 90 days thereafter. Paragraph (c) (2) CHAPTER XVII— OCCUPATIONAL SAFETY of the need to provide quick relief, and provides that a fire drill shall simulate ! AND HEALTH ADMINISTRATION, DE­ immediate notice thereof, to affected em­ the actions required by an approved fire PARTMENT OF LABOR ployers. For the same reasons, these fighting and evacuation plan described in amendments shall become effective on paragraph (a) (1) of § 75.1101-23. [ PART 1910— OCCUPATIONAL SAFETY Paragraph (a) of § 75.1101-23 provides AND HEALTH STANDARDS December 4,1973. 1. Section 1910.309 of 29 CFR Part that the operator shall adopt a program I PART 1926— SAFETY AND HEALTH 1910 is amended by adding thereto a new for the instruction of miners in the loca­ ! REGULATIONS FOR CONSTRUCTION paragraph (c) reading as follows: tion and use-of fire fighting equipment, Ground Fault Circuit Protection; Deferral of location of escapeways, exits, and routes § 1910.309 National electrical code. Effective Date of Standard of travel to the surface, and proper ***** evacuation procedures to be followed in t In February of 1972, Subpart S of 29 the event of an emergency. The approved CFR Part 1910 and Subpart K of 29 CFR (c) Notwithstanding the provisions ofprogram shall Include a specific fire Part 1926 were both amended in order, paragraphs (a) and (b) of this section, fighting and evacuation plan. However, among other things, to adopt the updated the effective date of the requirement in it is provided that operators shall have version of the National Electrical Code, section 210-7 of the National Electrical until June 30, 1974, to submit the pro­ NFPA 70-1971; ANSI Cl-1971 (Rev. of gram and fire fighting and evacuation 1968) (37 FR 3431). The last paragraph Code, that all 15- and 20-ampere recep­ tacle outlets on single-phase circuits for plan for approval. of section 210-7 of the Code provides as It was intended by paragraph (c) that [follows: construction sites shall have approved one or more fire (Drills be held during the All 15- and 20-ampere receptacle outlets on ground-fault circuit protection for per­ interim until the program of instruction ti ingle-phase circuits for construction sites sonnel, is postponed pending reconsid­ and firefighting and evacuation plan is shall have approved ground-fault circuit pro­ eration of the requirement. developed and approved in order to im­ jection for personnel. This requirement shall mediately acquaint miners with fire become effective on January 1,1974. 2. Section 1926.400 of 29 CFR Part 1926 is amended by adding thereto a new fighting and escape procedures existing Ground fault circuit interrupters paragraph (h) to read as follows: at the mine. It was intended that the (GFCI) presently approved are designed interim fire drills should simulate the to interrupt electrical power if a ground § 1926.400 General requirements. actions required by an approved plan. Therefore paragraph (c) (2) will not be fault current of 5 milliampères or greater * * * * * develops in the circuits or equipment applied to those interim fire drills re­ being supplied by 15- and/or 20-ampere (h) Notwithstanding any other pro­ quired to be held until the program of [receptacles. visions of this part, the effective date of instruction and the specific fire fighting On November 8, 1973, the Department the requirement in section 210-7 of the and evacuation plan have been approved. pi Labor’s Advisory Committee on Con­ National Electrical Code, that all 15- and After a fire fighting and evacuation plan struction Safety and Health unanimously 20-ampere recepticle outlets on single­ has been approved a fire drill shall con­ voted to recommend to the Assistant Sec­ sist of a simulation of the actions re­ retary of Labor for Occupational Safety phase circuits for construction sites shall and Health to hold the January 1, 1974, have approved ground-fault circuit pro­ quired by the approved plan. effective date of the GFCI requirement tection for personnel, is postponed pend­ However, operators shall require all m abeyance pending further study. Ad­ ing reconsideration of the requirement. miners to participate in a fire drill no ditionally, on November 19, 1973, rep­ (Secs. 6, Pub. L. 91-596, 84 Stat. 1593 (29 later than January 31,1974, and at inter­ resentatives of the National Constructors U.S.C. 655); Sec. 107, Pub. L. 91-54, 83 Stat. vals of not more than 90 days thereafter, [Association also petitioned the Assistant 96 (40 U.S.C. 333); Secretary of Labor’s Order and shall keep a record of such fire drills j^retary to postpone the effective date No. 12-71, 36 FR 8754). ,°i the requirement. The National Con­ as required by paragraph (c)(1) of structors Association alleges that a level Signed at Washington, D.C. this 29th § 75.1101-23. | or 5 milliampères is too low a value for day of Nov., 1973. Dated: November 28, 1973. [^plication at construction sites and that J ohn H. S tender, S tephen A. Wakefield, ms results in “nuisance tripping” of the Assistant Secretary of Labor. tw P°wer- It, therefore, requests Assistant Secretary of the Interior. ¡mat the January 1, 1974, effective date [FR Doc.73-25649 Fried 12-3-73;8:45 am] [FR Doc.73-25592 Filed 12-3-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33398 RULES AND REGULATIONS

Title 40— Protection of Environment ton, D.C. 2Q46Q, written objections there­ ated by an agency of the state within CHAPTER I— ENVIRONMENTAL to in quintuplicate. Objections shall show which the system is located, without fil­ PROTECTION AGENCY wherein the person, filing will be adverse­ ing an application for a certificate of ly affected by the order and specify with compliance or receiving a certificate.3 In- SUBCHAPTER E— PESTICIDE PROGRAMS particularity the provisions of the order stead, such an existing cable system need PART 180— TOLERANCES AND EXEMP­ deemed objectionable and the grounds only serve the information required by TIONS FROM TOLERANCES FOR PESTI­ for the objections. If a hearing is re­ § 76.13(b) (1) of the rules on the Com­ CIDE CHEMICALS IN OR ON RAW AGRI­ quested, the objections must state the mission and the parties named in § 76.13 CULTURAL COMMODITIES issues for the hearing. A hearing will be (a) (6) at least 30 days before commenc­ S-Ethyl Diethylthiocarbamate granted if the objections are supported ing such carriage. If no objection is filed by grounds legally sufficient to justify the with the Commission within 30 days A petition (PP 3F1383) was filed by relief sought. Objections may be accom­ Gulf Oil Corp., Gulf Building, Pitts­ after such service is made, carriage may panied by a memorandum or brief in sup­ Commence without further Commission burgh, PA 15230, in accordance with pro­ port thereof. action. visions of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a), propos­ Effective date. This order shall become 3. This amendment is designed to re­ effective December 4,1973. lieve unnecessary burdens and expedite ing establishment of a tolerance for neg­ Commission proceedings with respect to ligible residues of the herbicide jS-ethyl Dated: November 28,1973. ' diethylthiocarbamate in or on the raw matters that our experience indicates are agricultural commodities com grain, Henry J. K orp, not the subject of dispute. Accordingly, com fodder and forage, and fresh corn Deputy Assistant Administrator we conclude that prior notice of rule- for Pesticide Programs. making and public procedure thereon are including sweet corn (kernels plus cob unnecessary, pursuant to section 4 of the with husk removed) at 0.1 part per mil­ [FR Doc.73-25564 Filed 12-3-73;8:45 ami lion. Administrative Procedure Act, 5 U.S.C. Based on consideration given the data 553. Similarly, delay in implementing Title 47— Telecommunication this amendment would be contrary to the submitted in the petition and other rel­ public interest. evant material, it is concluded that: CHAPTER I— FEDERAL COMMUNICATIONS COMMISSION 4. Authority for the rule amendment 1. The herbicide is useful for the pur­ adopted herein is contained in sections 2, pose for which the tolerance is being es­ [FCC 73-1214J tablished. 4(i) and (j), 303,, 307, 308, and 309 of PART 76— CABLE TELEVISION SERVICE the Communications Act of 1934, as 2. There is no reasonable expectation amended. of residues in eggs, meat, milk, or poultry Certificate of Compliance Required Accordingly, it is ordered, That effec­ and § 180.6(a) (3) applies. Order. In the matter of amendment of tive December 5, 1973, Part 76 of the 3. The tolerance established by this Part 76* Subpart B, of the Commission’s Commission’s rules and regulations is order will protect the public health. amended as set forth below. Therefore, pursuant to provisions of rules concerning procedures in the Cable the Federal Food, Drug, and Cosmetic Television Service. (Secs. 2, 4, 303, 307, 308, 309, 48 Stat., as Act (sec. 408(d)(2), 68 Stat. 512; (21 1. In recent months, the Commission amended, 1064, 1066, 1089, 1083, 1084, 1085; U.S.C. 346a(d)(2 ))), the authority has received an increasing number of 47 UJ5.C. 152,154, 303, 307, 308, 309) transferred to the Administrator of the petitions for special relief or requests for Adopted: November 21,1973. Environmental Protection Agency (35 special temporary authority in the Cable Released : November 27,1973. FR 15623) , and the authority delegated Television Service that seek either waiver by the Administrator to the Deputy As­ of the certificate of compliance require­ F ederal Communications sistant Administrator for Pesticide Pro­ ment of § 76.11 of the rules or expedited Commission,* grams (36 FR 9038), Part 180 is amended processing of a pending application for [seal 1 Vincent J. Mullins, as follows: certificate in order to permit an existing Secretary. 1. In § 180.3(e) (5), by alphabetically cable television system to commence Chapter 1 of Title 47 of the Code of inserting in the list of cholinesterase-in­ carriage of new “local” television signals Federal Regulations is amended as hibiting pesticides a new item as follows: or in-state non-local educational tele­ follows: vision signals.1 Permitting cable systems A. In § 76.11, a proviso is added to § 180.3 Toleranees for related pesticide to carry such signals is invariably un­ paragraph (a), as follows: chem icals. opposed, but the volume of other pend­ * * * * * ing applications prevents prompt Com­ §76.11 Certificate of compliance re­ (e) * * * mission or staff attention to such quired; (5) * * * requests. (a) No cable television system shall Ethiolate (S-ethyl diethylthiocarbamate). 2. Because of the Commission’s policy commence operations or add a television that favors carriage of “local” and edu­ broadcast signal to existing operations ***** cational signals by cable systems,2 and its unless it receives a certificate of compli­ 2. In Subpart C, by adding a new sec­ general support of newly emerging tele­ ance from the Commission: Provided, tion as follows: vision stations, we have concluded that however, That an existing system may § 180.343 Ethiolate; tolerances for resi­ it would serve the public interest to add a television signal, pursuant to dues. modify the present procedures for au­ §§ 76.57(a) (l)-(3 ), 76.59(a) (l)-(3) and thorizing cable carriage of the type of (5), 76.61(a) (l>-(3), or § 76.63(a) (as it A tolerance of 0.1 part per million is television signals described above, at least relates to § 76.61(a) (1)—(3)), or the sig- established for negligible residues of the for existing cable systems. Accordingly, herbicide ethiolate (S-ethyl diethylthio­ we are amending § 76.11 of the rules to 3 “Significantly viewed.” te le v isio n signals carbamate) in or on the raw agricultural permit an existing system to add “local” are excluded from this special procedure, commodities com grain, com fodder and television signals (as defined in §§ 76.57 since it is likely that determining w hether a forage, and fresh com including sweet 76.61(a) (1)—(3), and 76.63(a) (as it re­ signal is significantly viewed will involve spe­ com (kernels plus cob with husk lates to § 76.61(a) (1)—(3) of the rules), cial showings, which may be disputed, made pursuant to § 76.54 of the rules. likewise, removed). and the signals of noncommercial educa­ signals licensed to other communities in the Any person who will be adversely af­ tional television stations that are oper- same major or smaller television m ark et are fected by the foregoing order may at any excluded, unless they qualify for carriage under other provisions of § 76.59(a), §76.61 time on or before January 3, .1973, file 1 E.g., Letter to Fletcher, Heald, Rowell, (a), or § 76.63(a) (as it relates to § Te-Slis))- with the Hearing Clerk, Environmental Kenehan and Hildreth (Full V.U. Television), Here, too, carriage rights may be disputed. Protection Agency, Room 1019E, 4th & M FCC 73-1020,___ FCC 2d ____ 4 Commissioner H. Rex Lee absent; Com­ 2 Paras. 78-87, 95, Cable Television Report missioners Wiley and Hooks concurring in the Streets, SW., Waterside Mall, Washing- and Order, 36 FCC 2d 143, 173-176,..180. result.

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 RULES AND REGULATIONS 33399 nál of a noncommercial educational tele­ (e) Expiration date. The provisions of Order No. 1131 (38 FR 9232 and 17845), vision station that is operated by an this order shall expire at 11:59 p.m., Feb­ and good cause appearing therefor: agency of the state within which the sys­ ruary 28,1974, unless otherwise modified, It is ordered, That § 1033.1131 Service tem is located, pursuant to §§ 76.57(b), changed, or suspended by order of this Order No. 1131 (Chicago, Rock Island 76.59(0, 76.61(d), or § 76.63(a) (as it Commission. and Pacific Railroad Company author­ reiates to § 76.61 (d) ), without filing an Effective date. This amendment shall ized to operate over tracks of Chicago, application or receiving a certificate of become effective at 11:59 p.m., Novem­ Milwaukee, St. Paul and Pacific Railroad compliance, if the system serves the in­ ber 30, 1973. Company) be, and it is hereby, amended formation required by § 76.13(b)(1) on (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, by substituting the following paragraph the Commission and the parties named 384, as amended; (49 U.S.C. 1, 12, 15, and (e) for paragraph (e) thereof: in § 76.13(a) (6) at least thirty (30) days 17(2)). Interprets or applies Secs. 1(10-17), (e) Expiration date. The provisions of before commencing such carriage and no 15(4), and 17(2), 40 Stat. 101, as amended, 54 this order shall expire at.ll:59 p.m., Feb­ objection is filed with the Commission Stat. 911; (49 U.S.C. 1(10-17), 15(4), and ruary 28,1974, unless otherwise modified, within thirty (30) days after such service 17(2)) changed, or suspended by order of this is made. See § 1.47 of this chapter. It is further ordered, That a copy of Commission. * * * * * this amendment shall be served upon the Effective date. This amendment shall [PR Doc.73-25628 Piled 12-3-73;8:45 am] Association of American Railroads, Car become effective at 11:59 p.m., Novem­ Service Division, as agent of all railroads ber 30, 1973. subscribing to the car service and car Title 49— Transportation (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, hire agreement under the terms of that 384, as amended; (49 U.S.C.. 1, 12, 15, and CHAPTER X— INTERSTATE COMMERCE agreement, and upon the American Short 17(2).) Interprets or applies Secs. 1(10-17). COMMISSION Line Railroad Association; and that no­ 15(4), and 17(2), 40 Stat. 101, as amended, SUBCHAPTER A— GENERAL RULES AND tice of this amendment be given to the 54 Stat. 911; (49 U.S.C. 1(10-17), 15(4), and REGULATIONS general public by depositing a copy in 17(2)) [S. O. 1129, Arndt. 3] the Office of the Secretary of the Com­ It is further ordered, That a copy of mission at Washington, D.C., and by fil­ PART 1033— CAR SERVICE this amendment shall be served upon ing it with the Director, Office of the the Association of American Railroads, Chicago, Rock Island and Pacific Railroad Federal Register. Car Service Division, as agent of all rail­ Co. By the Commission, Railroad Service roads subscribing to the car service and At a session of the Interstate Com­ Board. cax hire agreement under the terms of merce Commission, Railroad Service that agreement, and upon the American Board, held in Washington, D.C., on the [seal] R obert L. Oswald* Short Line Railroad Association; and 27th day of November 1973. Secretary. that notice of this amendment be given Upon further consideration of Service [PR Doc.73-25651 Piled 12-3-73;8:45 am] to the general public by depositing a Order No. 1129 (38 FR 8062, 9668, and copy in the Office of the Secretary of the 18026), and good cause appearing there­ [S.O. 1131, Amdt. 2] Commission at Washington, D.C., and for: PART 1033— CAR SERVICE by filing it with the Director, Office of the It is ordered, That § 1033.1129 Service Chicago, Rock Island and Pacific Railroad Federal Register. Order No. 1129 (Chicago,Rock Island and Co. Pacific Railroad Company authorized to By the Commission, Railroad Service At a session of the Interstate Com­ Board. operate over tracks of Burlington North­ merce Commission, Railroad Service ern Inc.) be, and it is hereby, amended Board, held in Washington, D.C., on the [ seal] R obert L. Oswald, by substituting the following paragraph 27th day of November 1973. Secretary. (e) for paragraph (e) thereof: Upon further consideration of Service [PR Doc.73-25650 Filed 12-3-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33400 Proposed Rules This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rulemaking prior to the adoption of the final rules.

DEPARTMENT OF AGRICULTURE [ 7 CFR Part 92» ] Agricultural Stabilization and Conservation Service Agricultural Markéting Service PAPAYAS GROWN IN HAWAII [ 7 CFR Part 818 ~ [ 7 CFR Part 909 J Proposed Increase in Expenses for 1973 Fiscal Period SWEETENED CHOCOLATE, CANDY, AND GRAPEFRUIT GROWN IN ARIZONA AND CONFECTIONERY DESIGNATED PART OF CALIFORNIA This proposal, if accepted, would in­ crease the maximum amount of expenses Proposed Import Quotas for Calendar Year Proposed Approval of Expenses and Fixing to be incurred by the Papaya Adminis­ 1974 of Rates for 1973-74 Fiscal Period trative Committee during fiscal 1973 to Notice is hereby given that the Secre­ This notice invites written comment $185,000 from the currently approved tary of Agriculture, pursuant to authority relative to the proposed expenses of maximum amount of $182,330, a differ­ vested in him by the Sugar Act of 1948 $112,750 and rate of assessment of two ence of $2,670. (7 U.S.C. 1100 et seq.), is considering the and three-fourths cents ($0.0275) per Consideration is being given to the issuance of Sugar Regulation 818 which carton of grapefruit to support the ac­ following proposal submitted by the Pa­ will establish import quotas on sweetened tivities of the Administrative Committee paya Administrative Committee, estab­ chocolate (other than in bars or blocks for the 1973-74 fiscal period under Mar­ lished under the marketing agreement of 10 pounds or more each), candy, and keting Order No. 909. and Order No. 928 (7 CFR Part 928), confectionery for the calendar year 1974. Consideration is being given to the regulating the handling of papayas In accordance with the rule making re­ following proposals submitted by the Ad­ quirements of 5 U.S.C. 553 (80 Stat. 378), ministrative Committee, established grown in Hawii, effective under the ap­ plicable provisions of the Agricultural all persons who desire to submit data, under Marketing Order No. 909, as views or arguments for consideration in amended (7 CFR Part 909) , regulating Marketing Agreement Act of 1937, as connection with the proposed regulation the handling of grapefruit grown in Ari­ amended (7 ILS.C. 601-674), as the agen­ shall file the same in duplicate with the zona and designated part of California, cy to administer the provisions thereof: Director, Sugar Division, Agricultural effective under the Agricultural Market­ (a) That the Secretary find that pro­Stabilization and Conservation Service, ing Agreement Act of 1937, as amended United States Department of Agriculture, (7 U.S.C. 601-674), as the agency to ad­ visions pertaining to the expenses in par­ agraph (a) of § 928.202 Expenses, rate of Washington, D.C. 20250, not later than minister the terms and provisions there­ December 19,1973. of : assessment, and carryover of unexpended The proposed regulation to establish (1) Expenses that are reasonable and funds (38 FR 5880) be amended as fol­ import quotas on sweetened chocolate, likely to be incurred by the Administra­ lows: candy and confectionery for the calendar tive Committee during the period Sep­ year 1974 is set forth essentially in form tember 1, 1973, through August 31, 1974, § 928.200 Expenses, rate of assessment, and language appropriate for issuance, if will amount to $112,750. and carryover of unexpended funds. (2) . That the rate of assessment for adopted by the Secretary, as follows: such period, payable by each handler in (a Expenses. Expenses that are*rea­ Purpose and basis. The purpose of this accordance with § 909.41, be fixed at two sonable and likely to be incurred by the regulation is to implement the limi­ and three-fourths cents ' ($0.0275) _ per Papaya Administrative Committee dur­ tation on the importation of sweetened carton, or equivalent quantity of grape­ chocolate, candy and confectionery pur­ ing the period January 1, 1973 through suant to paragraph (d) of section 206 of fruit; and December 31, 1973, will amount to (3) That unexpended assessment the Sugar Act which reads in pertinent $185,000. part as follows: funds, in excess of expenses incurred * * * * * during such period, shall be carried over * * * the Secretary shall each year, begin­ as a reserve in accordance with thé ap­ All persons who desire to submit writ­ ning with the calendar year 1972, lim it the quantity of sweetened chocolate, candy and plicable provisions of § 909.42. ten data, views, or arguments in connec­ confectionery provided for in items 156.30 All persons who desire to submit writ­ tion with the aforesaid proposal shall and 157.10 of part 10, schedule 1, of the Tariff ten data, views, or arguments in connec­ file the same, in quadruplicate, with the Schedules of the United States which may be tion with the aforesaid proposals should Hearing Clerk, U.S. Department of Agri­ entered, or withdrawn from warehouse, for file the same, in quadruplicate, with the consumption in the United States as herein­ Hearing Clerk, U.S. Department of culture, Room 112, Administration Build­ after provided. The quantity which m ay be Agriculture, Room 112, Administration ing, Washington, D.C. 20250, not later so entered or withdrawn during any calendar than December 19, 1973. All written sub­ year shall be determined in the fourth Building, Washington, D.C. 20250, not quarter of the preceding calendar year and later than December 12,1973. All written missions made pursuant to this notice the total amount thereof shall be equivalent submissions made pursuant to this notice will be made available for public inspec­ to the larger of (1) the average annual quan­ will be made available for public inspec­ tion at tiie office of the Hearing Clerk tity of products entered, or withdrawn from tion at the office of the Hearing Clerk warehouse, for consumption under the fore­ during regular business hours (7 CFR during regular business hours (7 CFR going items of the Tariff Schedules of the 1.27(b)). United States for the three calendar years 1.27(b)). immediately preceding the year in which Dated: November 29,1973. Dated: November 29,1973. such quantity is determined, or (2) a quan­ tity equal to 5 per centum of the a m o u n t of Charles R. B rader, Charles R. B rader, sweetened chocolate and confectionery of the Deputy Director, Fruit and Veg­ Deputy Director, Fruit and Veg­ same description of United States m anufac­ etable Division, Agricultural etable Division, Agricultural ture sold in the United States during the Marketing Service. Marketing Service. most recent calendar year for which data are available. The total quantity to be im ported [PR Doc.73-25647 Filed 12-3-73;8:45 am] [PR Doc.73-25646 Piled 12-3-73; 8:46 am] under this subsection may be allocated to

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 PROPOSED RULES 33401 countries on such b a sis as the Secretary ited under Section 22 of the Agricultural Netherland—100,000 (all under TSUS determines to be fair and reasonable, taking Adjustment Act <7 U.S.C. 624). 950.15). into consideration the past importations or In view of 1973 imports thus far and entries from such countries. For purposes of Of the remaining quantity of 167,981,650 this subsection the Secretary shall accept sta­ imports in past years, it is likely that pounds (189,661,650—21,680,000) a quan­ tistical data of the United States Department total 1974 import limits will not be ap­ tity not to exceed 117,587,155 pounds may of Commerce as to the quantity of sweetened proached by actual imports. On the as­ be entered or withdrawn from ware­ chocolate and confectionery of United States sumption that imports will not reach the house for consumption in the United manufacture sold in the United States. liberal import limits, a global quota will States and Puerto Rico on or before Bases and considerations. The average provide the least impediment to com­ September 30, 1974. annual quantity of products entered, or merce and to the play of economic fac­ (b) The quota established by para­ withdrawn from warehouse, for con­ tors and the least burden on Customs graph (a) of this section shall not apply sumption under the Tariff Schedules of Service. A global quota will also eliminate to articles with an aggregate value of the United States (TSUS) items 156.30 the possibility of limiting imports from $25 or less in any shipment. some countries when there is little likeli­ and 157.10 for the calendar years 1970, § 818.21 Import requirements. 1971, and 1972 amounted to 148,804,615 hood that the total quota will be filled. pounds. That quantity was determined A portion of the global quota, repre­ Articles subject to quota limitations from data published by the Bureau of senting 30 percent, is reserved for entry pursuant to § 818.20 shall be entered on Census, U.S. Department of Commerce, during the last quarter of the year. Re­ a first-come, first-served basis under the in the annual reports FT 246 under the cent import history indicates about 30 control of the Bureau of Customs, except TSUSA reporting numbers 156.3020, percent of such imports normally occur articles subject to quotas established pur­ 156.3040,157.1020 and 157.1040. during the last quarter of each year. suant to section 22 of the Agricultural The quantity of sweetened chocolate The provision to exempt each ship­ Adjustment Act, as amended. ment of articles with an aggregate value and confectionery of United States man­ § 818.22 Restrictions on importations. ufacture sold in the United States in 1972 of not more than $25 from import quotas amounted to 3,793,232,000 pounds as is necessary so that tourists will be able Subject to the exception in § 818.20(b) shown in “Confectionery Manufacturers’ to bring in small quantities of candy and all persons are prohibited from entering Sales and Distribution 1972” published confectionery for personal use. or withdrawing from warehouse, for con­ by die Domestic and International Busi­ The regulation provides that a quanti­ sumption in the Uriited States and ness Administration, U.S. Department of ty of the quota equivalent to the quota Puerto Rico any article provided for in Commerce. Five percent of that quantity for “chocolate crumb” established pur­ TSUS items 156.30 and 157.10 after the amounts to 189,661,650 pounds. suant to section 22 of the Agricultural applicable quotas set forth in § 818.20(a) Accordingly, the quantity of sweetened Adjustment _ Act, as amended, shall be have been filled. reserved solely for the importation sub­ chocolate,: candy, and confectionery § 818.23 Revision of quotas. which may be imported for consumption ject to the section 22 quota under licenses under TSUS items 156.30 and 157.10 dur­ issued pursuant to regulations of the Ad­ The quota established under this order ing the calendar year 1974 shall be lim­ ministrator, Foreign Agricultural Serv­ may be revised to reflect the substitution ited to 189,661,650 pounds which is the ice, U.S. Department of Agriculture. of revised or corrected data used in the larger of the two alternatives as provided Sec. quota determination. in sec. 206(d) of the Sugar Act, i.e., the 818.20 Confectionery quotas for foreign § 818.24 Delegation of authority. 1970-72 average imports or five percent countries. of 1972 confectionery sales. 818.21 Import requirements. The Director of the Sugar Division (or Pursuant to section 206(d) of the Act 818.22 Restrictions on importation. any person in such division designated 818.23 Revision of quota. by the Director) of the Agricultural Sta­ the total quantity permitted to be im­ 818.24 Delegation of authority. bilization and Conservation Service of ported may be allocated to countries on the Department is hereby authorized to such basis as the Secretary determines“ A u t h o r it y : 818.20 to 818.24 Issued under to be fair and reasonable taking into con­ Sec. 206, 403 ; 61 Stat. 927, as amended, 932, as act on behalf of the Secretary in admin­ sideration the past importations or en­ amended; (7 U.S.C. 1116, 1153). istering §§ 818.20 through 818.22 except tries from such countries. This regula­ as otherwise provided for in §§818.20 § 818.20 Confectionery quotas for for­ and 818.21. tion does not establish import quotas for eign countries, 1974. any individual countries but makes the Signed at Washington, D.C., on No­ total quota available for all countries _ (a) For the calendar year 1974, the vember 30, 1973. , as a group on a first-come, first-served quantity of sweetened chocolate, candy, Glenn A. Weir, basis. and confectionery provided for in items Acting Administrator, Agricul­ The import limitations for 1974 are 156.30 and 157.10 of Part 10, Schedule 1, tural Stabilization and Con­ about 26 percent greater than imports of Tariff Schedules of the United States servation Service. classified under 156.30 and 157.10 in 1972 which may be entered, or withdrawn [FR Doc.73-25675 Filed 11-30-73; 11:35 am] and 27 percent greater than the average from warehouse, for consumption in the annual imports from 1970 through 1972. United States and Puerto Rico is 189,- A global quota has been in effect for 651,650 pounds. Of the total quota DEPARTMENT OF THE INTERIOR 1973, the second year of confectionery 21.680.000 pounds are reserved solely for Bureau of Indian Affairs quotas, and through October 27, just the importation of sweetened chocolate over 108 million pounds of the global for other than consumption at retail as [ 2 5 CFR Part 60 ] quota has been imported. This is only candy or confectionery (TSUS item USE OR DISTRIBUTION OF INDIAN 61 percent of the 1973 global quota with 156.3040). This quantity is subject to JUDGMENT FUNDS 82 percent of the year gone. This com­ quotas established pursuant to section Notice of Public S 'earing pares with 106 million pounds imported 22 of the Agricultural Adjustment Act, through October 28, in 1972. In 1970 and as amended (items 950.15 and 950.16 of Proposed rules for the implementa­ 1971 the annual imports under global Part 3 of the Appendix to TSUS), and tion of the Act of October 19, 1973 (Pub. quotas were 127 and 120 million pounds, may be imported only under licenses L. 93-134, 87 Stat. 466, 467, 468) known respectively. The quantities referred to issued pursuant to regulations of the Ad­ as the Use or Distribution of Indian in this paragraph include only confec­ ministrator, Foreign Agricultural Serv­ Judgment Funds Act of 1973, were pub­ tionery imports for consumption at retail ice, U.S. Department of Agriculture as lished on pages 31430 through 31432 of to which this proposal applies and ex­ follows: Ireland—13,200,000 (9,450,000 the November 14, 1973, issue of the F ed­ clude items imported under Tariff Sched­ under TSUS 950.15 and 3,750,000 under eral R egister. The Act provides that a ules of the United States (TSUSA), TSUS 950.16); United Kingdom— public hearing be held on the proposed 156.3040, which are not for consumption 8.380.000 (7,450,000 under TSUS 950.15 rules no later than thirty days prior to at retail and imports of which are lim­ and 930,000 under TSUS 950.16) and their promulgation as rules and regula-

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 No. 232—Pt. I-----3 33402 PROPOSED RULES

tions, which rules and regulations must Sec. § 1 5 3 .4 Establishm ent o f range units. be promulgated within sixty days of the 153.14 Special permit requirements and publication of the proposed rules. Ac­ provisions. The Project Officer will establish range 153.15 Violations. units on the Joint-Use Area to allow for cordingly, such hearing shall be held at 153.16 Fences. a program of surface land use aimed at the Federal Post Office Building, Room 153.17 Livestock trespass. restoring the land to its full potential and 269, 1823 Stout Street, Denver, Colo­ 153.18 Control of livestock diseases. maintaining this potential. rado on December 13,1973, between 9:00 153.19 Impoundment and disposal of unau­ a.m. and 5:00 p.m. All interested par­ thorized livestock. § 153.5 Grazing capacity. ties are invited to attend; but in lieu of Au t h o r it y : (5 U.S.C. 301 and 25 U.S.C. 2 The Project Officer shall prescribe the actual attendance or, in addition to and 9). maximum number of livestock which may attendance, written comments, sugges­ § 153.1 Definitions. be grazed on each range unit and the tions, or objections regarding the pro­ season, or seasons, of use to achieve the posed rules may be submitted to the As used in this Part 153, terms shall objectives of the land recovery program. Division of Tribal Government Services, have the meanings set forth in this Stocking rates shall be reviewed on a Bureau of Indian Affairs, Washington, section. continuing basis and adjusted as condi­ D.C. 20245. Written comments should be (a) “Joint-Use Committee” means a tions warrant. submitted by December 14,1973, but will committee composed of three representa­ be accepted and considered if post­ tives selected by the Hopi Tribal Council § 153.6 Grazing on range units author­ marked no later than January 5, 1974. and three representatives selected by the ized by perm it. Dated: November 28, 1973. Navajo Tribal Council, to whom have Grazing use of range units is author­ been delegated the authority of each gov­ ized only by a grazing permit. The Spe­ M arvin L. F ranklin, erning body to exercise the powers of cial Project Officer shall allocate grazing Assistant to the each tribe in the Joint-Use Area. A rep­ privileges to each tribe so that each may Secretary of the Interior. resentative of the Joint-Use Administra­ have not more than one-half the grazing [FR Doc.73-25585 Filed 12-3-73,6:45 am] tive Office, Flagstaff, Arizona 86001, shall capacity of the Joint-Use Area. The be a non-voting representative^. Rules of Joint-Use Committee will then, within procedures shall be established by the 60 days, determine use by members of [ 25 CFR Part 153 ] Committee except the chairmanship of each tribe without competitive bidding. NAVAJO-HOPI JOINT-USE AREA GRAZING each successive meeting of the Commit­ Grazing use by tribal enterprises will be REGULATIONS tee shall be alternated between each trib­ permitted and permits may be issued in al delegation and the individual dele­ the name of the tribe. The eligibility re­ Notice of Proposed Rulemaking gate serving as chairman of any one quirements for receiving a permit shall Notice is hereby given that it is pro­ meeting shall not have a vote. be set forth by the Joint-Use Committee. posed to add a new Part 153 to Sub­ (b) “Project Officer” means the Spe­ The Project Officer shall issue permits chapter N, Chapter I, of Title 25 of the cial Project Officer of the Bureau of In­ based on the determination by the Joint- Code of Federal Regulations. This addi­ dian Affairs Joint-Use Administrative Use Committee. tion is proposed pursuant to the author­ Office, Flagstaff, Arizona 86001, to whom ity contained in 5 U.S.C. 301 and sec­ has been delegated the authority of the § 153.7 Kind of livestock. tions 463 and 465 of the Revised Statutes Commissioner to act in all matters re­ The Joint-Use Committee may deter­ (25 U.S.C. 2 and 9). specting the Joint-Use Area. mine, subject to the grazing capacity, the The purpose of the new Part 153 is to (c) “Joint-Use Area” means the area kind of livestock that may be grazed on establish regulations governing grazing established by the United States District the range units. Court for the District of Arizona in the on the Navajo-Hopi Joint Use Area. § 153.8 Grazing fees. It is the policy of the Department of case entitled Healing v. Jones, 210 F. the Interior, whenever practicable, to Supp. 125 (1962), which is inside the (a) The respective tribal governing afford the public an opportunity to par­ Executive Order Area (Executive Order bodies may determine whether grazing ticipate in the rulemaking process. Ac­ of December 16, 1882) but outside Land fees will be charged and the rate to be cordingly, interested persons may submit Management District 6, and held and to charged for the use of their respective written comments, suggestions, or objec­ be used by both the Navajo and Hopi shares of the Joint-Use Area by their tions regarding these proposed regula­ Tribes jointly. members, and the proceeds therefrom tions to the Associate Solicitor for Indian (d) “Range unit” means a tract of shall inure to the benefit of the respec­ Affairs, Office of the Solicitor, Depart­ range land designated as a management tive tribe charging fees. ment of the Interior, Washington, D.C. unit for administration of grazing. (b) Annual grazing fees, if any, shall 20240, on or before January 3. 1974. (e) “Permit” means a revocable priv­ be paid in advance and payment shall be made to the Project Officer for immedi­ It is proposed to add a new Part 153 to ilege granted in writing limited to enter­ ing on and utilizing forage by domestic ate disbursement to the appropriate Subchapter N, Chapter I, of Title 25 of tribal treasurer. the Code of Federal Regulations to read livestock on a specified tract of land. as follows: (f) “Animal Unit” means the ratio es­ § 153.9 Duration of grazing permits. tablished between livestock such as cattle, PART 153— NAVAJO-HOPI JOINT-USE The Joint-Use ConAnittee may de­ horses and sheep according to the rate termine the maximum duration of graz­ AREA GRAZING REGULATIONS of range forage consumption of such Sec. animals. ing permits not to exceed 5 years per 153.1 Definitions. ■‘T" permit period and subject to § 153.10(b). § 153.2 Authority. 153.2 Authority. § 153.10 Assignment, modification and 153.3 Purpose. It is within the authority of the Sec­ cancellation of permits. 153.4 Establishment of range units. retary of Interior to protect Tribal lands 153.5 Grazing capacity. (a) Grazing permits shall not be as­ 153.6 Grazing on range units authorized against waste and to prescribe rules and signed, subpermitted or transferred with­ by permit. regulations under which these lands may out the consent of the delegates to the 153.7 Kind of livestock.. * be leased or permitted for grazing. Joint-Use Committee from the tribe in­ 153.8 Grazing fees. §153.3 Purpose. volved and the Project Officer. 153.9 Duration of grazing permits. (b) The Project Officer may revoke or 153.10 Assignment, modification and can­ These regulations are issued to carry withdraw all or any part of the grazing cellation of permits. out the Secretary’s trust responsibility permit by cancellation or modification 153.11 Conservation" and land use provi­ of conserving range resources, promoting on 30 days written notice of violation of sions. their proper use and affording equal utili­ 153.12 Range Improvements, ownership, zation of these resources by both tribes permit or special conditions affecting the and new construction. according to the judgment in Civil No. land or the safety of the livestock there­ 163.13 Payment of tribal fees. 579 U.S.D.C. Arizona. on, as may result frpm flood, disaster,

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 PROPOSED RULES 33403 drought, contagious diseases, etc. Ex­ § 153.16 Fences. intent to impound unauthorized livestock c e p t in the case of extreme necessity, Fencing may be erected by the Gov­ is mailed by certified or registered mail cancellation or modification shall be ef­ ernment around the perimeter of the or personally delivered to such owners. fected on the next annual anniversary Executive Order Area, Land Manage­ (b) /When the Project Officer deter­ date of the grazing permit following the ment District 6, and such other areas in mines that unauthorized livestock use is date of notice. Revocation or withdrawal the Joint-Use Area as from timfe-to-time occurring but does not have complete of all or any part of a grazing permit by may be required for a range recovery knowledge of the kind of livestock, or if cancellation or modification as provided program, after consultation with the the name and address of the owner herein shall be an appealable decision tribes. Such fencing shall be erected at thereof are unknown, such livestock may under 25 CFR Part 2, or any regulations Government expense and such owner­ be impounded anytime 15 days after the which may supersede Part 2. The appeal ship shall be clearly indentified by ap­ date of notice of intent to impound un­ from the decision of the Project Officer propriate posting on. the fencing. In­ authorized livestock is first published in shall be to the Commissioner. the local newspaper, posted at the near­ tentional destruction of federal property est chapter house and in one or more § 153.11 Conservation and land use pro­ will be treated as a violation of the Fed­ eral Criminal Statutes (18 U.S.C. 1164). local trading posts. The notice will iden­ visions. tify the area or areas in which it will be Grazing operations shall be conducted § 153.17 Livestock trespass. effective. in accordance with recognized principles The owner of any livestock grazing in (c) Unauthorized livestock on the of good range management. Conserva­ trespass on the Joint-Use Area is liable Joint-Use Area which are owned by per­ tion management plans necessary to ac­ to a penalty of $1 per head for each sons given notice under paragraph (a) complish this will be made a part of the animal thereof for each day of trespass, of this section, and any unauthorized grazing permit. together with the reasonable value of livestock in areas for which a notice has been posted and published under para­ §153.12 Range improvements; owner­ the forage consumed and damages to ship; new construction. property injured or destroyed. The Proj­ graph (b) of this section, may be im­ ect Officer shall take action to collect all pounded without further notice anytime Improvements placed on the permitted such penalties and damages and seek in­ within the twelve-month period immedi­ land shall be considered affixed to the junctive relief when appropriate. All pay­ ately following the effective date of the land unless specifically excepted there­ ments for such penalties and damages notice or notices given under paragraphs from under the permit terms. Written shall be divided equally between each (a) and (b) of this section. permission to construct or remove im­ tribe and credited to them. The follow­ (d) Following the impoundment of un­ provements must be obtained from the ing acts are prohibited: authorized livestock, a notice of sale of Joint-Use Committee and the Project (a) The grazing upon or driving across impounded livestock will be published in Officer, who will specify the maximum any of the Joint-Use Area of any live­ the local newspaper, posted at the chap­ tame allowed for removal of improve­ stock without an approved grazing or ter house and in one or more local trad­ ments so excepted. crossing permit. ing posts. The notice will describe the § 153.13 Payment of tribal fees. (b) Allowing livestock to drift and livestock and specify the date, time and place of sale. The date set shall be at Fees and taxes exclusive of annual graze on lands without an approved per­ mit. least 5 days after the publication and grazing rental which may be assessed by (c) The grazing of livestock upon lands posting of such notice. the respective tribes in connection with The owner may redeem the live­ grazing permits shall be billed for by the within an area closed to grazing of that class of livestock. stock any time before the time set for respective tribe and paid annually in the sale by submitting proof of owner­ advance to the designated tribal official. (d) The grazing of livestock by per­ mittee upon any land withdrawn from ship and paying for all expenses in­ Failure to make payments will subject curred in gathering, Impounding, and the grazing, permit to cancellation and use for grazing purposes to protect it from damage by reason of the improper feeding or pasturing the livestock. may disqualify the permittee from re­ (f) If the livestock are not redeemed ceiving future permits. handling of the livestock, after the re­ ceipt of notice from the Project Officer before the time fixed for their sale, they § 153.14 Special permit requirements of such withdrawal, or refusal to remove shall be sold at public sale to the highest and provisions. livestock upon instructions from the bidder, provided his bid is at or above All grazing permits shall contain the Project Officer when an injury is being the minimum amount set by the Project following provisions: done to the Indian lands by reason of Officer. If a bid at or above the mini­ improper handling of livestock. mum is not received, the livestock may be (a) When the lands covered by the sold at private sale at or above the min­ Permit are in trust or restricted status, § 153.18 Control of livestock diseases. imum amount, reoffered at public sale, all of the permittee’s obligations on the In order to prevent the introduction condemned and destroyed, or otherwise Permit and the obligations of his sureties disposed of. When livestock are sold pur­ are to the United States as well as to the and spread of contagious or infectious diseases, the Joint-Use Committee may suant to this regulation, the Project Offi­ owner of the land. Annual rent and other cer shall furnish the buyer a bill of sale obligations under the terms of a valid authorize the rounding-up of livestock for the purpose of inspecting for disease or other written instrument evidencing grazing permit shall constitute a first lien the sale. on livestock permitted. and may authorize the dipping of sheep, or the vaccinating or restricting of (g) The proceeds of any sale of live­ (b) Hie permittee agrees he will not movement of other livestock. stock as provided herein shall be ap­ use, cause, or allow to be used any part plied as follows: First, to the payment of of the permitted area for any unlawful § 153.19 Impoundment and disposal of all expenses incurred by the United conduct or purpose. unauthorized livestock. States in gathering, impounding, and (c) The permit authorizes the grazing Unauthorized livestock within any feeding or pasturing the livestock. Sec­ of livestock only and the permittee shall range unit of the Joint-Use Area which ond, in payment of any penalties or Pot utilize the permitted area for hay are not removed therefrom within the damages assessed pursuant to § 153.17, cutting, hunting, post or timber cutting periods ¡»escribed by this regulation may which penalties or damages shall be di­ be impounded and disposed of by the vided equally between the two tribes as or any other use without authorization Project Officer as provided herein. provided in said section. Third, any re­ from the Project Officer. (a) When the Project Officer deter­ maining amount shall be paid over to § 153.15 Violations. mines that unauthorized livestock use is the owner of said livestock upon his sub­ occurring and has definite knowledge of mitting proof of ownership. If any pro­ Violation of the provisions'of this Part the kind of unauthorized livestock, and are subject to penalties of the law and knows the name and address of the own­ ceeds remaining after payment of the order code applicable to the Joint-Use ers, such livestock may be impounded first and second items noted above are Area. anytime 5 days after written notice of not claimed within one year from the

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33404 PROPOSED' RULES

date of the sale, such remaining pro­ localizer southwest course, extending from National Highway Traffic Safety ceeds will be divided equally between the the 8.5 mile radius to 12 miles southwest of Administration the OM. two tribes owning the land. [ 49 CFR Part 567 ] (Sec. 307(a ), Federal Aviation Act of 1958 (49 Marvin L. F ranklin, Ù.S.C. 1348) ; sec. 6 (c ), Department of Trans­ [Docket No. 73-28; Notice 1] Assistant to the portation Act (40 U.S.C. 1655 ( c) ). Secretary of the Interior. MOTOR VEHICLE CERTIFICATION Issued in Des Plaines, Illinois on No­ ' Labeling of Incomplete Vehicles N ovember 29, 1973. vember 2, 1973. [FR Doc.73-25609 Filed 12-3-73;8:45 am] This notice proposes a requirement R. O. Ziegler, that incomplete vehicle manufacturers Acting Director, DEPARTMENT OF affix a certification label to incomplete Great Lakes Region. vehicles, in accordance with a decision of TRANSPORTATION [FR Doc.73-25880 Filed 12-3-73;8:45 am] the U.S. Court of Appeals. Federal Aviation Administration In the case of Rex Chainbelt, Inc. v. Volpe, No. 72-1540 (7th Cir., September [ 14 CFR Part 71 ] [ 14 CFR Part 71 ] 19, 1973), the Court held that the Na­ [Airspace Docket No. 73-GL-51] [Airspace Docket No. 73-SO-71] tional Traffic and Motor Vehicle Safety TRANSITION AREA TRANSITION AREA Act, 15 U.S.C. 1381 et seq., requires in­ complete vehicle manufacturers to cer­ Proposed Alteration Proposed Alteration tify their incomplete vehicles, and de-, The Federal Aviation Administration The Federal Aviation Administration clared the NHTSA certification regula­ is considering amending Part 71 of the is considering an amendment to Part 71 tions to be invalid to the extent that Federal Aviation Regulations so as to of the Federal Aviation Regulations that thèy required final-stage manufacturers alter the transition area at Quincy, would alter the Fayetteville, N.C., transi­ to make the “sole certification.” Illinois. tion area. The NHTSA reserves the right to seek Interested persons may participate in Interested persons may submit such judicial review of the decision. To con­ the proposed rulemaking by -submit­ written data, views or arguments as they form to the Court’s opinion, however, this ting such written data, views, or argu­ may desire. Communications should be agency hereby proposes to amend the ments as they may desire. Communica­ submitted in triplicate to the Federal certification regulations, 49 CFR Part tions should be submitted in triplicate Aviation Administration, Southern Re­ 567, to require incomplete vehicle manu­ to the Director, Great Lakes Region, At­ gion, Air Traffic Division, P.O. Box 20636, facturers to affix a certification label to tention: Chief, Air Traffic Division, Fed­ Atlanta, Ga. 30320. AH communications their incomplete vehicles. The label eral Aviation Administration, 2300 East received on or before December 19, 1973 would state that the incomplete vehicle Devon Avenue, Des Plaines, Illinois will be considered before action is taken conforms to standards identified by num­ 60018. All communications received on on the proposed amendment. No hearing ber on the label. Since an incomplete ve­ or before January 3, 1974, will be con­ is contemplated at this time, but hicle is a product whose degree of com­ sidered before action is taken on the arrangements for informal conference pletion is highly variable according to proposed amendment. No public hearing with Federal Aviation Administration the wishes of the producer and his cus­ is contemplated at this time, but ar­ offiicals may be made by contacting the tomers, and there are no safety stand­ rangements for informal conferences Chief, Airspace and Procedures Branch. ards applicable to incomplete vehicles, with Federal Aviation Administration of­ Any data, views or arguments presented the determination of what standards ficials may be made by contacting the are to be listed on the label would be Regional Air Traffic Division Chief. Any during such conferences must also be submitted in writing in accordance with made by the incomplete vehicle manu­ data, views, or arguments presented dur­ facturer. This requirement would be in ing such conferences must also be sub­ this notice in order to become part of the mitted in writing in accordance with this record for consideration. The proposal addition to the present requirements of notice in order f^become part of the contained in this notice may be changed the certification and multistage vehicle record for consideration. The proposal in light of comments received. regulations (Parts 567 and 568), which contained in this notice may be changed would otherwise remain unchanged. in the light of comments received. The official docket will be available for examination by interested persons at the In light of the foregoing, it is proposed A public docket will be available for that the Certification regulations, 49 examination by interested persons in the Federal Aviation Administration, South­ Office of the Regional Counsel, Federal ern Region, Room 770, 3400 Whipple CFR Part 567, be amended by renum­ Aviation Administration, 2300 East Street, East Point, Ga. bering paragraph (c) of § 567.5 as para­ Devon Avenue, Des Plaines, Illinois The Fayetteville transition area de­ graph (c) (2), and inserting a new para­ 60018. scribed in § 71.181 (38 FR 435) would be graph (c)(1) to read as follows: Two new RNAV approach procedures § 567.5 Requirements for manufactur­ have been developed for the Quincy amended as follows: “* * * longitude 79W 55" W.) * * *” ers of vehicles manufactured in two Municipal Baldwin Field Airport, Quincy, or m ore stages. Illinois. In addition, the criteria for des­ would be deleted and “* * * longitude ignation of transition areas have been 79°00'55" W .); within 10 miles north and * * * * * (c)(1) Except as provided in para­ changed. Accordingly, it is necessary to 2 miles south of Runway 27 extended graph (c) (2) of this section, each in­ alter the Quincy, Illinois transition area centerline, extending from the 10-mile to adequately protect the aircraft ex­ complete vehicle manufacturer shall affix radius area to 17.5 miles east of the run­ ecuting the new approach procedures. a label to each incomplete vehicle, in the way end; * * *” would be substituted In consideration of the foregoing, the location and form specified in § 567.4, therefor. Federal Aviation Administration pro­ that states, “This Vehicle Conforms to poses to amend Part 71 of the Federal The proposed alteration is required to Federal Motor Vehicle Safety Standards Aviation Regulations as hereinafter set permit radar vector service to Simmons ______,” completing the statement forth; AAF for arriving aircraft. with the numbers (e.g., 101, 207) of the In § 71.181 (38 FR 435), the following (Sec. 307(a), Federal Aviation Act of 1958 transition area is amended to read: (49 U.S.C. 1348(a)); sec. 6(c), Department of standards to which the incomplete ve­ Q u in c y , III. Transportation Act (49 U.S.C. 1655(c)) .) hicle conforms. That airspace extending upward from 700 Issued in East Point, Ga., on Novem­ ***** feet above the surface within an 8.5 mile ber 19, 1973. Interested persons are invited to sub­ radius of Quincy Municipal Baldwin Field P hillip M. S waxek, Airport (latitude 39°56/30'' N, longitude mit comments on the proposal. Coni" W ll'iS'' W), and within 5 miles northwest Director, Southern Region. ments should refer to the docket num­ and 8 miles southeast of the Quincy [FR Doc.73-25581 Filed 12-3-73;8:45 am] ber and be submitted to: Docket Section,

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 PROPOSED RULES 33405

National Highway Traffic Safety Admin­ (secs. 2(f)(1)(D ), (q) (1) (A), (s), 3(e) given in the F ederal R egister on Sep­ istration, Room 5221,400 Seventh Street, (1), 74 Stat. 372, 374, 375, as amended, tember 19, 1973, 38 FR 26212. The dates SW., Washington, D.C. 20590. It is re­ 80 Stat. 1304-05, 83 Stat. 187-89 (15 for filing comments and reply comments quested but not required that 10 copies U.S.C. 1261, 1262) ), and under author­ are presently December 14, 1973 and be submitted. ity vested in the Commission by the January 14,1974, respectively. All comments received before the close Consumer Product Safety Act (sec. 30(a), 2. On November 20, 1973, counsel for of business on the comment closing date 86 Stat. 1231 (15 U.S.C. 2079(a)), the Public Broadcasting Service requested indicated below will be considered, and Commission proposes that 16 CFR Part that the time for filing comments and will be available for examination in the 1508 be amended by revising 4;he head­ reply comments be extended to Febru­ docket at the above address both before ing of § 1508.9 and adding a new para­ ary 1 and March 1, 1974, respectively. and after that date. To the extent possi­ graph (f) to that section, as follows: Counsel states that due to the importance and complexity of the issues raised in ble, comments filed after the closing date §1508.9 Identifying marks, warning will also be considered. However, the statement, and compliance declara­ this proceeding, more time is required to rulemaking action may proceed at any tion. formulate a meaningful proposal for edu­ time after that date, and comments re­ ***** cational ascertainment. Counsel further ceived after the closing date and too states PBS believes that the nature of late for consideration in regard to the ac­ (f ) Each crib and its retail carton shall current ascertainment practices by edu­ tion will be treated as suggestions for fu­ bear a conspicuous label stating that the cational television licensees is an im­ ture rulemaking. The NHTSA will con­ crib conforms to applicable regulations portant factor which the Commission tinue to file relevant material, as it be­ promulgated by the Consumer Product should take into account in formulating comes available in the docket after the Safety Commission. The label need not any specific educational ascertainment : closing date, and it is recommended that be permanently attached to the crib, requirements. He adds that PBS has interested persons continue to examine nor is any particular wording required undertaken a poll of its member stations : the docket for new material. for the statement. The label on the in order to determine the present state Comment closing date: January 3, crib must be conspicuous under normal of educational ascertainment. Counsel 1974. conditions of retail display. Any full-size states that the requested extension will Proposed effective date: February 1, baby crib introduced into interstate com­ allow PBS to complete this poll and to 1974. merce on or after February 1, 1974, provide meaningful data to the Commis­ through January 31,1976, must bear this sion. ! (Sec. 103,108, 112, 114, 119, Pub. L. 89-563, 80 label. Stat. 718 (15 U.S.C. 1392, 1397, 1401, 1403, 3. We are of the view that the public \ 1407); delegations of authority at 49 CFR '.Interested persons are invited to sub­ interest would be served by extending 1 1.51 and 49 CFR 501.8.) mit, on or before December 19, 1973, the time in this proceeding. Accordingly, written comments regarding this propo­ it is ordered, That the dates for filing Issued on November 30, 1973. sal.. Comments and any accompanying comments and reply comments are ex­ R obert L. Carter, material or data should be submitted, tended to and including February 1 and Associate Administrator, preferably in five copies, addressed to March 1,1974, respectively. Motor Vehicle Programs. the Secretary, Consumer Product Safety 4. This action is taken pursuant to | [PRDoc.73-25717 Filed 11-30-73:3:09 pm] Commission, Washington, D.C. 20207. authority found in sections 4(i), 5(d) (1), Comments may be accompanied by a and 303 (r) of the Communications Act memorandum or brief in support there­ of 1934, as amended, and § 0.281(b) (6) CONSUMER PRODUCT SAFETY of. Received comments may be seen in of the Commission’s rules. COMMISSION the Office of the Secretary, Consumer Adopted: November 26,1973. Product Safety Commission, 10th floor, [ 16 CFR Part 1508 ] 1750 K Street NW., Washington, D.C., Released: November 27,1973. FULL-SIZE BABY CRIBS TO BEAR during working hours Monday through DECLARATION OF COMPLIANCE F ederal Communications Friday. Commission, Notice of Proposed Rule Making Dated: November 27, 1973. [Seal] W allace E. J ohnson, In the Federal R egister of Novem­ Sadye E. D un n, Chief, Broadcast Bureau. ber 21, 1973 (38 FR 32129), the Con­ Secretary, Consumer Product [FR Doc.73-25626 Filed 12-3-73;8:45 am] sumer Product Safety Commission pro­ Safety Commission. mulgated a regulation banning hazard­ [FR Doc.73—25623 Filed 12-3-73:8:45 am] ous full-size baby cribs (16 CFR 1500.18 [ 47 CFR Part 73 ] (a) (13)) and regulations establishing [Docket No. 19840] FEDERAL COMMUNICATIONS safety requirements for full-size baby FM BROADCAST STATIONS IN cribs (16 CFR Part 1508). In the pre­ COMMISSION BATH, MAINE amble of the document, the Commission announced that it would subsequently [ 47 CFR Part 73 ] Proposed Table of Assignments; Order Ex­ propose to require cribs subject to 16 [Docket No, 19816] tending Time for Filing Reply Comments CFR Part.1508 to bear affirmative label- EDUCATIONAL BROADCAST LICENSE In the matter of amendment of § 73.- mg; that is, a declaration that the 202(b), Table of assignments, FM Broad­ article is in compliance with the regu­ Order Extending Time for Filing Comments cast Stations. (Bath, Maine), Docket No. lations. That is the purpose of this and Reply Comments 19840, RM-2090. proposal.- • In the matter of ascertainment of 1. On October 3,1973, the Commission To aid consumers in making a knowl­ community problems by Educational adopted a notice of proposed rulemaking edgeable choice between conforming and Broadcast Applicants; amendment of (FCC 73-1032) in the above-entitled pro­ nonconforming cribs, the Commission section IV (Statement of Program Serv­ ceeding. Publication was given in the Proposes that manufacturers attach to ice) of FCC Broadcast application forms F ederal R egister on October 10, 1973, each complying full-size baby crib, and 340 and 342 (Noncommercial Educational 38 FR 28305. The Notice proposed the its retail carton, a label stating that the Broadcast Applications) ; and formula­ substitution of Channel 290 for Channel cnb has been manufactured in accord­ tion of rules and policies relating to the 237A at Bath, Maine. The date for filing ance with applicable Consumer Product renewal of educational broadcast li­ comments was November 16, 1973, and Safety Commission requirements. This censes; Docket 'No. 19816, RM-1851, the date for filing reply comments is No­ ^nl pertain to such cribs shipped in in­ RM-1874. vember 26, 1973. terstate commerce on or after Febru- 1. On September 6, 1973, the Commis­ 2. On November 16, 1973, Andy Valley aiT 1, 1974, through January 31, 1976. sion adopted a notice of inquiry and no­ Broadcasting System, Inc. (Andy Val­ Accordingly, pursuant to provisions of tice of proposed rulemaking in the above- ley), filed a timely counter-proposal the Federal Hazardous Substances Act entitled proceeding. Publication was which would assign Channel 292A to Au-

FEDERAL REGISTER. VO L 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33406 PROPOSED RULES burn, Maine, and substitute Channel Adopted: November 23,1973. ments are November 16 and Novem­ 240A for Channel 292A at Saco, Maine, Released : November 26,1973. ber 26,1973, respectively. in lieu of assigning Channel 290 to Bath, 2. On November 16, 1973, Earl Brad- [seal] Harold L. K assens, sher, requested that the time for filing Maine. Acting Chief, 3. On November 21, 1973, counsel for comments be extended so that he may Broadcast Bureau. prepare a counterproposal believed to be Porter Broadcasting Services, Inc. (pro­ [FR Doc.73-25630 Filed 12-3-73;8:45 am] in the public interest. He states that the ponent) , filed a request for extension of counterproposal is in preparation but re­ the reply comment date from Novem­ quires an unusually extensive presenta­ ber 26 to December 10, 1973. Counsel [ 47 CFR Part 73 ] tion for fair and equitable evaluation. states that the additional time is neces­ [Docket No. 19842] 3. It appears that the requested ex­ tension is warranted. Accordingly, it is sary in order to fully analyze the coun­ FM BROADCAST STATIONS IN ordered, That the dates for filing com­ terproposal of Andy Valley and to pre­ CERTAIN CITIES IN MISSOURI ments and reply comments are extended pare a complete response thereto. Coun­ Proposed Table of Assignments; Order Ex­ to and including November 30 and De­ sel further states than Andy Valley has tending Time for Filing Comments and cember 14,1973, respectively. consented to a grant of the requested Reply Comments 4. This action is taken pursuant to extension of time. authority found in sections 4(i), 5(d) (1), In the matter of amendment of § 73.- and 303 (r) of the Communications Act 4. It appears that the requested ex­ 202(b), Table of assignments, PM Broad­ of 1934, as amended, and § 0.281(b) (6) tension of time would be in the public cast Stations. (Cape Girardeau, Dexter, of the Commission’s rules. interest: Accordingly, it is ordered, That Portageville, Caruthersville, and Malden, Adopted: November 23,1973. the date for filing reply comments is ex­ Missouri), Docket No. 19842, RM-2005, tended to and including December 10, RM-2117. Released: November 26,1973. 1973. 1. On October 3, 1973, the Commission F ederal Communications 5. This action is taken pursuant to au­ adopted a notice of proposed rulemaking Commission, thority found in sections 4(i), 5(d)(1) , in the above-entitled proceeding. Publi­ [seal] Harold L. Kassens, cation was given in the F ederal R egister Acting Chief, and 303 (r) of the Communications Act of Broadcast Bureau. 1934, as amended, and § 0.281(b) (6) of on October 15, 1973, 38 FR 28573. The the Commission’s rules. dates for filing comments and reply com­ [FR Doc.73-25629 Filed 12-3-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 232—-TUESDAY, DECEMBER 4, 1973 33407 Notices

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

DEPARTMENT OF STATE lished in Treasury Decision 73-294 for authority to accept or reject offers in the following countries. Therefore, as to compromise of: [Delegation of Authority No. 127-1] entries covering merchandise exported on a. Tax liabilities arising from: DEPUTY UNDER SECRETARY FOR the dates listed, whenever it is necessary (i) The illegal production of untaxpaid MANAGEMENT for Customs purposes to convert such distilled spirits, wines, or beer, and Delegation of Authority currency into currency of the United (ii) The failure to file returns of, or to States, conversion shall be at the follow­ pay, occupational taxes with respect to By virtue of the authority vested in me ing daily rates: distilled spirits, wines, or beer, and by the act of June 20, 1874 (18 Stat. 90; Austria schilling: b. Criminal liabilities of retail dealers (22 U.S.C. 2664)) and by section 4 of the November 19, 1973------$0.0528 in liquor arising from violatiohs of the act of May 26, 1949 (63 Stat. I ll, (22 November 20, 1973______. 0527 Internal Revenue laws relating to liquor, U.S.C. 2658) ), as amended, Delegation of November 21, 1973— ______.0524 including the reuse of liquor bottles Authority No. 127 of April 4,1973 (38 FR November 22, 1973______Holiday 9336) is amended by deleting everything November 23, 1973______. 0514 to each Regional Commissioner and to after “I hereby delegate:" and substi­ Belgium franc: each Assistant Regional Commissioner tuting: November 20, 1973______0.025685 (Alcohol and Tobacco Tax). November 21, 1973______. 025660 | “(1) All duties, functions, and respon­ November 22, 1973___ - ______Holiday 2. Treasury Department Order No. sibilities vested in the Deputy Under Sec­ November 23, 1973______.025125 221, establishing the Bureau of Alcohol, retary of State for Management, to the Denmark krone: Tobacco and Firearms, transferred the Honorable Curtis W. Tarr; November 23, 1973______0.1635 functions, powers and duties of the In­ “(2) In the absence of the officer France franc: named in section (1), all duties, func­ November 23, 1973______0.2205 ternal Revenue Service arising under tions, and responsibilities vested in the laws relating to alcohol, tobacco, fire­ Deputy Under Secretary for Manage­ Germany deutsche mark: November 19, 1973______;>__ - .3872 arms, and explosives (including the Al­ ment, to the Assistant Secretary for Ad­ November 20, 1973______.3863 J cohol, Tobacco and Firearms Division of ministration; and November 21, 1973______.3860 the Internal Revenue Service) to the “(3) In the absence of the officer November 22, 1973______Holiday named in section (1), and when the As­ November 23, 1973______.3750 Bureau of Alcohol, Tobacco and Fire­ arms. Since this authority is no longer sistant Secretary of State for Adminis­ Italy lira: tration is absent or the latter position is vested in the Commissioner of Internal November 21, 1973______.001682 vacant, all duties, functions, and respon­ November 22, 1973______Holiday Revenue, Delegation Order No. 34, issued sibilities vested in the Deputy Under Sec­ November 23, 1973______.001657 July 27, 1956, is revoked. retary of State for Management, except for the issuance of those rules and regu­ Japan yen: Issued: November 26, 1973. lations and the taking of other actions November 19, 1973______.003570 Effective: November 26, 1973. required by law to be approved by higher November 20, 1973______. 003566 authority, to the Director General of the November 21, 1973______. 003570 [ seal] D onald C. Alexander, November 22, 1973______Holiday Acting Commissioner. Foreign Service.” November 23, 1973______.003563 This Delegation of Authority includes [FR Doc.73-25641 Filed 12-3-73;8:45 am] the authority to redelegate any of the Netherlands guilder: functions herein delegated, and it shall November 19, 1973______.3724 November 20, 1973______. 3709 be effective on November 26,1973. November 21, 1973______. 3701 Office of the Secretary Dated: November 15,1973. November 22, 1973______Holiday ADVISORY COMMITTEE ON REFORM OF November 23, 1973______. 3620 THE INTERNATIONAL MONETARY SYSTEM K enneth R ush, Acting Secretary of State. Portugal escudo: Notice of Meeting November 23, 1973______.0402 [FR Doc.73-25625 Filed 12-3-73;8:45 am] Notice is hereby given that the Ad­ Sweden krona: visory Committee on Reform of the In­ November 23, 1973______.2238 d epa rtm en t o f t h e t r e a s u r y ternational Monetary System will meet Switzerland franc: at the Treasury Department in Wash­ Customs Bureau November 23, 1973______.3096 ]T. D. 73-327] ington, D.C., on December 12,1973. [SEAL] R . N . MARRA, The meeting is called for the purpose of FOREIGN CURRENCIES Director, Appraisement and considering the basic issues involved in Collections Division. Certification of Rates the current international negotiations for [FR Doc.73-25672 Filed 12-3-73; 8:45 am] N ovember 27, 1973. the reform of the international mone­ Rates of exchange certified to the Sec­ tary system. retary of the Treasury by the Federal A determination as required by section Reserve Bank of New York. Internal Revenue Service [Revocation Notice Order No. 34] 10(d) of the Federal Advisory Committee The Federal Reserve Bank of New Act (Pub. L. 92-463) has been made that y°rlc> Pursuant to section 522(c), Tariff COMPROMISE OF CERTAIN LIABILITIES Act of 1930, as amended (31 U.S.C. 372 this meeting of the Committee will con­ vc)) has certified the following rates of Authority To Reject or Accept Offers sider matters falling within one or more exchange which varied by 5 per centum 1. Commissioner’s Delegation Orderof the exemptions to public disclosure 0r more from the quarterly rate pub­ No. 34, issued July 27,1956, delegated the set forth in 5 U.S.C. 552(b) and that the

FEDERAL REGISTER, VOL 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33408 NOTICES

public Interest requires such meetings to Avenue and VanNess St. NW„ Washington, cilia, and flagella, and other parts of eu- be closed to public participation. D.C., December 6, 1973. d. Working Group on Low Power Devices,cargotic cells, (2) the relationships be­ Dated: November 29,1973. Naval Electronic Systems Command, Na­ tween the microtubules and their associ- tional Center Building No. 1, Rm. 9W67, ated structures, (3) characterization of [seal] P aul A. Volcker, Washington, D.C., December 6, 1973. the microtubule organizing centers in Under Secretary these organelles, (4) thé in vivo and in for Monetary Affairs. The purpose of the DoD Advisory vitro growth and assembly of micro­ [FR Doc.73-25783 Filed 12-3-73;8:45 am] Group on Electron Devices, and various tubules, and (5) monitoring the con­ working groups thereof, is to provide the tent and purity of cell fractions in Director of Defense Research and En­ conjunction with biochemical and bio­ TAPERED ROLLER BEARINGS FROM gineering and the Military Departments physical studies on microtubules. AP­ JAPAN with advice and recommendations on the PLICATION RECEIVED BY COMMIS­ Antidumping Proceeding Notice conduct of economical and effective re­ SIONER OF CUSTOMS: August 8,1973 search and development programs in the ADVICE SUBMITTED BY DEPART­ N ovember 30, 1973. field of electron devices, e.g., lasers, ra­ MENT OF HEALTH, EDUCATION, AND On October 31, 1973, information was dar tubes, transistors, infrared sensors, WELFARE ON: November 9, 1973. received in proper form pursuant to etc. The group is also the vehicle for in­ DOCKET NUMBER: 74-00069-33- §§ 153.26 and 153.27, Customs regula­ terservice coordination of planned R&D 46040. APPLICANT: Albert Einstein Col­ tions (19 CFR 153.26, 153.27), indicating efforts. lege of Medicine, Department of Pathol­ a possibility that tapered roller bearings In accordance with Pub. L. 92-463, sec­ ogy, 1300 Morris Park Avenue, Bronx, from Japan are being, or are likely to tion lOd, the Director of Defense Re­ New York 10461. ARTICLE: Electron be, sold at less than fair value within search and Engineering has determined, Microscope, Model Elmiskop 102 and ac­ the meaning of the Antidumping Act, on 28 February 1973, that the meetings cessories. MANUFACTURER: Siemens 1921, as amended (19 U.S.C. 160 et seq.). of the Advisory Group are matters which AG, West Germany. INTENDED USE There is evidence on record concern­ fall within policies analogous to those OF ARTICLE: The foreign article is ing injury to or likelihood of injury to recognized in section 552(b) of Title 5 intended to be used to study the mor­ or prevention of establishment of an in­ of the United States Code and that the phological effects of prolonged and dustry in the United States. public interest requires such activities to chronic exposure to high oxygen ten­ Having conducted a summary in­ be withheld from disclosure insofar as sions in lung using tissue from experi­ vestigation as required by § 153.29 of the the requirements of subsection (a )(1) mental animals, cells from tissue gradi­ Customs regulations (19 CFR 153.29) and subsection (b) of section 10, Pub. L. ents and isolated material taken from and having determined as a result 92-463 are concerned. fractions run on gradients. The article thereof that there are grounds for so M aurice W. R oche, will also be used to train students and doing, the United States Customs Serv­ Director, Correspondence and post-doctoral fellows in use of the elec­ ice is instituting an inquiry to verify the Directives OASD (Comptrol­ tron microscope and its application. AP­ information submitted and to obtain the ler). PLICATION RECEIVED BY COMMIS­ facts necessary to enable the Secretary SIONER OF CUSTOMS: August 13, D ecember 3,1973. of the Treasury to reach a determina­ 1973. ADVICE SUBMITTED BY DE­ tion as to the fact or likelihood of sales [FR Doc.73-25840 Filed 12-3-73; 11:03 am] PARTMENT OF HEALTH, EDUCA­ at less than fair value. TION, AND WELFARE ON: November 9, A summary of information received DEPARTMENT OF COMMERCE 1973. from all sources is as follows: DOCKET NUMBER: 74-00073-33- Domestic and International Business 46040. APPLICANT: University of The infonnation received tends to Administration Indicate that the prices of the merchan­ California, Davis California Primate Re­ PRINCETON UNIVERSITY, ET AL. search Center, Davis, California 95616. dise sold for exportation to the United ARTICLE: Electron Microscope, Model States are less than the prices for home Consolidated Decision on Applications for EM 10. MANUFACTURER: Carl Zeiss, consumption. Duty-Free Entry of Scientific Articles West Germany. INTENDED USE OP This notice is published pursuant The following is a consolidated deci­ ARTICLE: The foreign article is in­ to § 153.30 of the Customs regulations sion on applications for duty-free entry tended to be used in research on pul­ of electron microscopes pursuant to sec­ monary diseases, reproductive and peri­ <19 CFR 1^.30). tion 6 (c) of the Educational, Scientific, natal biology, infectious diseases', and be­ [seal] Edward L. Morgan, and Cultural Materials Importation Act havioral biology. The article will be re­ Assistant Secretary of the Treasury. of 1966 (Pub. L. 89-651,80 Stat. 897) and quired to examine (1) tissue from the [FR Doc.73-25801 Filed 12-3-73;9:04 am] the regulations issued thereunder as respiratory system of nonhuman pri- amended (37 FR 3892 et seq.). (See espe­ quired to examine (1) tissues from the cially § 701.11(e).) central nervous system, locomotor sys­ DEPARTMENT OF DEFENSE A copy of the record pertaining to tem, and integumentary system of em­ Office of the Secretary of Defense each of the applications in this consoli­ bryonic and fetal nonhuman and human dated decision is available for public primates including tissue of the mater­ ADVISORY GROUP ON ELECTRON review during ordinary business hours of nal reproductive system and placenta, DEVICES, ET AL. the Department of Commerce, at the and (3) tissues* of nonhuman primate Notice of Meetings Special Import Programs Division, Office hosts for experimental spontaneous viral, of Import Programs, Department of The Department of Defense Advisory bacterial, and parasite diseases. The ar­ Commerce, Washington, D.C. 20230. ticle will also be used in the education Group on Electron Devices, and various DOCKET NUMBER: 74-00064-33- of postdoctoral fellows and graduate stu­ working groups thereof, will meet in 46040. APPLICANT: Princeton Univer­ dents studying the problems related to closed sessions as indicated below. sity, Purchasing & Office Services, P.O. research in pulmonary diseases, repro­ a. Advisory Group on Electron Devices, 201 Box 33, Princeton, New Jersey 08540. AR­ ductive and perinatal biology, infectious Varick Street, New York, New York, Decem­ TICLE: Electron Microscope, Model diseases, and behavioral biology. The ber 18, 1973. Elmiskop IA. MANUFACTURER: Sie­ courses will be numbered for the gradu­ b. Working Group on Special Devices, In­ mens AG, West Germany. INTENDED ate students and nonspecific for the post­ stitute fbr Defense Analyses, Science and USE OF ARTICLE: The foreign article is doctoral fellows. APPLICATION RE­ Technology Division, 400 Army-Navy Drive, intended to be used in the following re­ CEIVED BY COMMISSIONER OF CUS­ Arlington, Virginia 22202, December 6, 1973. search studies on (1) high resolution TOMS: August 17, 1973. ADVICE SUB­ c. Working Group on Microwave Devices, ultra-structural analysis of microtubules MITTED BY DEPARTMENT OF Harry Diamond Laboratories, Connecticut from the nerve axon, spindle apparatus, HEALTH, EDUCATION, AND WEL-

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 NOTICES 33409

FARE ON: November 9, 1973. COM­ INTENDED USE OF ARTICLE: The for­ 21228. ARTICLE: Mossbauer Effect MENTS: No comments have been re­ eign article is intended to be used in Analyser. MANUFACTURER: Elscint, ceived in regard to any of the forego­ training resident-trainees in a prescribed Inc., Israel. INTENDED USE OF ARTI­ ing applications. DECISION: Applica­ course in the use of the laser photocoag­ CLE: The article is intended to be used tions approved. No instrument or appa­ ulator. Specifically, the article as an at­ in high resolution Mossbauer transmis­ ratus of equivalent scientific value to tachment will facilitate both the means sion and scattering experiments to study the foreign articles, for the purposes for of clinical treatment and the adaptation the dependence of hyperflne fields on ex­ which the articles are intended to be of the resident-trainee staff to the mode ternal influences such as temperature used, is being manufactured in the and method of clinical treatment. surface condition and chemical environ­ United States. REASONS: Each foreign COMMENTS: No qomments have been ment. APPLICATION RECEIVED BY article has a specified resolving capabil­ received with respect to this application. COMMISSIONER OF CUSTOMS. Octo­ ity equal to or better than 3.5 Angstroms. DECISION: Application approved. No ber 26,1973. The most closely comparable domestic instrument or apparatus of equivalent DOCKET NUMBER: 74-00191-80- instrument is the Model EMU-4C elec­ scientific value to the foreign article, for 17800. APPLICANT: Washington, State tron microscope which is manufactured such purposes as this article is intended University, Purchasing Department, by the Forgflo Corporation (Forgflo). to be used, is being manufactured in the Pullman, WA 99163. ARTICLE: Hombak The Model EMU-4C has a specified re­ United States. Type ZOA 18 Drum Type Wood Flaker. solving capability of five Angstroms. (Re­ REASONS: The application relates to MANUFACTURER: Hombak Maschi- solving capability bears an inverse re­ a compatible accessory for an instru­ nenfabrik KG, West Germany. IN­ lationship to its numerical rating in ment that had been previously imported TENDED USE OF ARTICLE : The article Angstrom, units, i.e., the lower the rat­ for the use of the applicant institution. is intended to be used in evaluating the ing, the better the resolving capability.) The article is being furnished by the potential of converting sawmill waste, We aré advised by the Department of manufacturer which produced the in­ plywood waste, and forest slash into Health, Education, and Welfare in the strument with which the article is in­ flakes for further manufacture into respectively cited memoranda, that the tended to be used and is pertinent to the building products. Variables to be re­ additional resolving capability of the applicant’s purposes. searched are: species, moisture content, foreign articles is pertinent to the pur­ The Department of Commerce knows flake size and geometry, and type and poses for which each of the foreign ar­ of no similar accessory being manufac­ quality of residue. APPLICATION RE­ ticles to which the foregoing applica­ tured in the United States, which is in­ CEIVED BY COMMISSIONER OF CUS­ tions relate is intended to be used. We, terchangeable with or can be readily TOMS: October 30,1973. therefore, find that the Forgflo Model adapted to the instrument with which DOCKET NUMBER: 74-00192-01- EMU-4C is not of equivalent scientific the foreign article is intended to be used. 07500. APPLICANT: University of Cali­ value to any of the articles to which (Catalog of Federal Domestic Assistance Pro­ fornia, Department of Food Science & the foregoing applications relate, for gram No. 11.105, Importation of Duty-Free Technology, Davis, California 95616. such purposes as these articles are in­ Educational and Scientific Materials.) ARTICLE: Microcalorimeter, t.k b tended to be used. The Department of A. H. S tuart, 10700-2. MANUFACTURER: T.KB Pro- Commerce knows of no other instrument dukter AB, Sweden. INTENDED USE OF or apparatus of equivalent scientific Director, Special Import Programs Divison. ARTICLE: The article is intended to be value to any of the foreign articles to used to study the energy changes (heats which the foregoing applications relate, [FR Doc. 73-25644 Filed 12-3-73;8:45 am] of reaction) which accompany the chem­ for such purposes as these articles are ical or physical interactions of molecules intended to be used, which is being man­ UNIVERSITY OF MARYLAND, ET AL. of biological interest. The article will be ufactured in the United States. used in a number of projects, most nota­ (Catalog of Federal Domestic Assistance Pro­ Applications for Duty-Free Entry of bly, in investigations which study the gram No. 11.105, Importation of Duty-Free Scientific Articles base-specific interactions of polynucleo­ Educational and Scientific Materials.) The following are notices of the receipt tides or nucleic acids as a function of A. H. S tuart, of applications for duty-free entry of varying ionic strength and solvent com­ Director, Special scientific articles pursuant to section 6 position, in studies which address them­ Import Programs Division. (c) of the Educational, Scientific, and selves to the heat effects associated with Cultural Materials Importation Act of protein denaturation and protein hydrol­ [FR Doc.73-25643 Filed 12-3-73;8:45 am] 1966 (Pub. L. 89-651; 80 Stat. 897). In­ ysis, in- experiments which measure the terested p>ersons may present their views heats of the binding of a substrate to an TULANE MEDICAL SCHOOL with respect to the question of whether enzyme, and in investigations which an-instrument or apparatus of equivalent study the energy changes associated with Decision on Application for Duty-Free Entry scientific value for the purposes for which polyelectrolytemetal ion interactions of Scientific Article the article is intended to be used is being (e.g., the binding of calcium ions to The following is a decision on an ap­ manufactured in the United States. Such casein, myosin, etc.). The article will also plication for duty-free entry of a scien­ comments must be filed in triplicate with be used in a graduate program to demon­ tific article pursuant to section 6(c) of the Director, Special Import Programs strate the principles of calorimetry to the the Educational, Scientific, and Cultural Division, Office of Import. Programs, variety of changes in biological materials Materials Importation Act of 1966 (Pub. Washington, D.C. 20230, on or before De­ that involve emission or absorption of L. 89-651, 80 Stat. 897) and the regula­ cember 24,1973. heat. APPLICATION RECEIVED BY tions issued thereunder as amended (37 Amended regulations issued under COMMISSIONER OF CUSTOMS: Octo­ FR 3892 et seq). cited Act, as published in the February ber 30, 1973. A copy of the record pertaining to this .24, 1972 issue of the F ederal R egister, DOCKET NUMBER: 74-00193-01- decision is available for public review prescribe the requirements applicable to 77040. APPLICANT: Stanford University, during ordinary business hours of the comments. 820 Quarry Road, Palo Alto, California Department of Commerce, at the Office A copy of each application is on file, 94304. ARTICLE: Mass Spectrometer, of Import Programs, Department of and may be examined during ordinary Model MAT 711. MANUFACTURER: Commerce, Washington, D.C. 20230. Commerce Department business hours at Varian, MAT, West Germany. IN­ DOCKET NUMBER: 74-00062-00- the Special Import Programs Division, TENDED USE OF ARTICLE: The article 54500. APPLICANT: Tulane Medical Department of Commerce, Washington, is intended to be used in the development School, Department of Ophthalmology, D.C. 20230. of a closed-loop mass spectrometer-com­ 1430 Tulane Avenue, New Orleans, Loui­ DOCKET NUMBER: 74-00190-75- puter system which in turn is to be used siana 70112. ARTICLE: Optical Attach­ 77065. APPLICANT: University of Mary­ for the automatic analysis of the constit­ ment for Zeiss Photocoagulator. MANU­ land, Baltimore County Campus, 5401 uents of human urine for the detection FACTURER: SADAMEL, Switzerland. Wilkens Avenue, Baltimore, Maryland of metabolic disorders of genetic origin.

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 No. 232—pt. I- A 33410 NOTICES

The system is also required for analysis cally preselected cells or structures of 50 Office of Import Programs of trace amounts of steroids from biologi­ Angstrom units thickness or less for elec- TJ.S. Department of Commerce cal sources. APPLICATION RECEIVED ton microscopy as part of research in­ Washington, D.C. 20230 BY COMMISSIONER OP CUSTOMS: volving such phenomena as elucidation of Attention: Special Import Programs Division October 31,1973. melanogenesis of tissue cultures of malig­ Such communications shall be sub­ DOCKET NUMBER: 74-00194-91- nant cells during their cell cycle. The mitted in an original and three copies 73610. APPLICANT: Cornell University, article will also be used to obtain afore­ and must include the following infor­ N.Y.S. Agricultural Experiment Station, mentioned thin sections of various tissues mation: • Department of Plant Pathology, Geneva, in order to demonstrate disease processes (a) The name, address, and telephone New York 14456. ARTICLE: Recording on electron microscopic level, which will number of the party submitting the Volumetric Spore Trap. MANUFAC­ serve as a very significant visual aid in brief. TURER: Burkard Scientific Sales Ltd., education of medical students in formal (b) The name, address, telephone United Kingdom. INTENDED USE OP classes as well as in training programs of number and official position of the person ARTICLE: The article is intended to be resident physicians. APPLICATION RE­ submitting the brief on behalf of the used in the investigation of live biological CEIVED BY COMMISSIONER OF CUS­ TOMS: November 5,1973. party referred to in subparagraph (a). material to determine the type and quan­ S ection 1. Upon effective date of these tity of spores in the air in relation to DOCKET NUMBER: 74-00201-33- 46040. APPLICANT: Hamilton College, rules, or as soon thereafter as practi­ weather conditions in order to develop cable, each producer located in the Virgin better control of plant diseases caused by Clinton, New York 13323. ARTICLE: Electron Microscope, Model EM 9S-2. Islands, Guam, and American Samoa fungi. APPLICATION RECEIVED BY which received a duty-free watch quota COMMISSIONER OF CUSTOMS: Octo­ MANUFACTURER: Carl Zeiss, West Germany. INTENDED USE OF ARTI­ allocation for calendar year 1973, will ber 30,1973. receive an initial quota allocation for DOCKET NUMBER: 74-00196-33- CLE: The article is intended to be used for individual research programs in em­ calendar year 1974 equal to 50 percent of 30950. APPLICANT: Wistar Institute, the number of watch units assembled by 36th Streets at Spruce, Philadelphia, Pa. bryology, genetics, and microbiology. The Anatomy Dept, will use the article such producer in the particular territory 19104. ARTICLE: High Vacuum Freeze and entered duty-free into the customs Etch Unit, BAF 301. MANUFACTURER: to study the fine structure of vertebrate germ cells and their interrelations with territory of the United States diuing the Balzers Limited, Switzerland. INTENDED first ten months of calendar year 1973, USE OF ARTICLE: The article is in­ enveloping somatic cells dining the''en­ tire life history of the -animal. The arti­ or 5,000 units, whichever is greater. (For tended to be used in the investigation of new entrants see Section 7 below.) nuclear pores of different cell lines to cle will also be used in the course, Biology 35. Cellular Ultrastructure to teach stu­ S ec. 2. Each producer to which an determine whether or not the DNA ini­ initial quota has been allocated pursuant tiation takes place at the site of the nu­ dents rudiments of preparation of bio­ logical materials for transmission elec­ to Section 1 hereof must, on or before clear pores on the nuclear membrane. April 1, 1974, have assembled and en­ APPLICATION RECEIVED BY COM­ tron microscopy, primarily thin sections, and the operation of the instrument to tered duty-free into the customs territory MISSIONER OF CUSTOMS: October 26, of the United States at least 30 percent of 1973. obtain the best possible micrographs. Students will be provided with firsthand its initial quota allocation. Any producer DOCKET NUMBER: 74-00197-33- knowledge of the procedures of electron failing to enter duty-free into the cus­ 46040. APPLICANT: William Beaumont microscopy for subsequent studies in toms territory of the United States on or Hospital, 3601 W. 13 Mile Road, Royal medical or biological school. APPLICA­ before April 1, 1974, a number of watch Oak, Michigan 48072. ARTICLE: Elec­ TION RECEIVED BY COMMISSIONER units assembled by it in a particular tron Microscope, Model EM 201. MANU­ OF CUSTOMS: November 5, 1973. territory equal to, or greater than, 30 FACTURER: Philips Electronic Instru­ percent of the number of units initially (Catalog of Federal Domestic Assistance Pro­ ments NVD, The Netherlands. IN­ gram No. 11.105, Importation of Duty-Free allocated to such producer for duty-free TENDED USE OF ARTICLE: The article Educational and Scientific Materials.) entry from that territory will, upon re­ Is intended to be used to study the ultra­ ceipt of a show cause order from the De­ structure of glomerular and cellular ab­ A. H. S ttjart, partments, be given an opportunity, normalities in the kidney, both as a Director, Special within 30 days from such receipt, to means of identifying the disease process Import Programs Division. show cause why the duty-free quota and as a method of conducting research. [FR Doc.73-25645 Filed 12-3-73:8:45 am] which it would otherwise be entitled to Similarly, cellular alterations in patients receive should not be cancelled or re­ suffering from hepatic disease will be duced by the Departments. Such a show studied ultrastructurally to identify and Office of the Secretary cause order may also be issued whenever investigate the disease process. The ar­ WATCHES AND WATCH MOVEMENTS there is reason to believe that shipments ticle will also be used as an adjunct to the Allocation of Quotas for Calendar Year through December 31, 1974, by any pro­ research into the identifying character­ 1974 Among Producers Located in the ducer under the quota allocated to it for istics of embryonal malignancies; as a Virgin Islands, Guam, and American calendar year 1974 will be less than 90 means of characterizing, the cellular types Samoa percent of the nujnber of units allocated involved in thyroid tumors and of study­ to it. Upon failure of any such producer ing their response to different therapeutic Pursuant to the authority granted the to show good cause, deemed satisfactory and pharmacologic modalities; as a Secretaries by Pub. L. 89-805 the De­ by the Departments, why the remaining, means of studying lymphoid and lympho­ partments of Commerce and the Interior unused portion of the quota to which it cytic reactions in disease states and in are considering rules which will govern would otherwise be entitled should not be malignancies of the hematopoietic sys­ the allocation of duty-free quotas of cancelled or reduced, said remaining, un­ tems. APPLICATION RECEIVED BY watches and watch movements among used portion of its quota shall be either COMMISSIONER OF CUSTOMS: Octo­ producers in the Virgin Islands, Guam cancelled or reduced, whichever is ap­ ber 31,1973. and American Samoa for calendar year propriate under the show cause order. 1974. In the event of a quota cancellation or DOCKET NUMBER: 74-00200-33- Interested parties may participate in reduction under this section, or in the 46500: APPLICANT: Medical College of the proposed rulemaking by submitting event a firm voluntarily reliquishes a Ohio at Toledo, P.O. Box 6190, 945 S. such written data, views or arguments part of its quota, the Departments will Detroit Avenue, Toledo, Ohio 43614. AR­ as they may desire regarding the pro­ promptly reallocate the quota involved, TICLE: Ultramicrotome, Model Om U3. posed rules set out below. All communi­ in a manner best suited to contribute to MANUFACTURER: C. Reichert Optische cations should be submitted within 15 the economy of the territories, among Werke AG, Austria. INTENDED USE OF days from the filing date of this Notice the remaining producers: Provided how­ ARTICLE: The article is intended to be in the F ederal R egister, and addressed ever, That if in the judgment of the used to section single light microscopi­ to the: Departments it is appropriate, applica-

FEDERAL REGISTER, VOL. 38, NO. ,232—-TUESDAY, DECEMBER 4,-1973 NOTICES 33411 tions from new firms may, in lieu of such to its calendar year 1973 Headnote 3(a) Any interested party has the right to reallocation, be invited for any part or all watch assembly operation, irrespective of petition for the amendment or repeal of of any unused portions of quotas remain­ whether such taxes are partially or fully the foregoing rules and may seek relief ing unallocated as a result of cancella­ exempt by the territorial government. In from the application of any of their pro­ tion or reduction hereunder. Every pro­ making allocations under this formula, visions upon a showing of good cause ducer to which a quota is granted is re­ an equal weight of 40% will be assigned under the procedures relating to reviews quired to file a report on April 15, July 15 to production and shipment history and by the Secretaries of Commerce and the and October 15, of each year covering the to wages subject to FICA taxes, and a Interior which were published in the periods January 1 to March 31, April 1 weight of 20% will be assigned to the F ederal R egister on November 17, 1967 to June 30 and July 1 to September 30 total net dollar amount of income taxes (32 FR 15818). respectively via registered mail on Form applicable to calendar year 1973 Head- Dated: November 29,1973. DIB-321P (formerly OIPF-844) copies note 3(a) watch assembly operations. of which will be forwarded to each pro­ S ec. 5. (Guam only) The annual quo­ S eth M. B odner, ducer at its territorial address of record tas for calendar year 1974 for Guam will Deputy Assistant Secretary for at least 15 days prior to the required re­ be allocated as soon as practicable after Resources and Trade Assist­ porting date. Copies of this form may April 1, 1974 on the basis of the number ance, Department of Com­ also be obtained from the Special Import of units assembled by each producer in merce. Programs Division, Office of Import Pro­ the territory and entered by it duty-free F red N odeway, grams, U.S. Department of Commerce, into the customs territory of the United Acting Director, Office of Ter­ Washington, D.C. 20230. Form DIB-321P States during calendar year 1973, and ritorial Affairs, Department of will provide the Departments with in­ the total dollar amount of wages subject the Interior. formation regarding the producer’s to FICA taxes paid by such producer in [FR Doc.73-25632 Piled 12-3-73;8:45 am] watch movement assembly operation in the territory during calendar year 1973 the insular possessions. Such information to persons whose pay was attributable to DEPARTMENT O F HFAITW may include the status of beginning and its Headnote 3(a) watch assembly opera­ ending inventories of finished watch tion. In making allocations under this EDUCATION, AND WELFARE movements and component parts, sched­ formula, equal weight will be assigned to Food and Drug Administration uled delivery dates and number of watch production and shipment history and to [PAP 3H2894] movement parts and components or­ wages subject to FICA taxes. DIAMOND SHAMROCK CORP. dered, number of watch movements as­ S ec. 6,. (Virgin Islands and Guam) For sembled, number of watch movements purposes of allocating watch quotas for Notice of Filing of Petition for Food Additive entered into the customs territory of the calendar year 1974 under Sections 4 and Pursuant to the provisions of the Fed­ United States, and a list of confirmed 5 above, any watches or watch move­ eral Food, Drug, and Cosmetic Act (sec. orders for shipment of finished watch ments shipped from the Virgin Islands or movements into the customs territory of 409(b)(5), 72 Stat. 1786 (21 U.S.C. 348 Guam during calendar year 1973 for (b) (5)), notice is given that a petition the United States prior to December 31, duty-free entry into the customs terri­ 1974. Each producer to which a quota is (FAP 3H2894) has been filed by Nopco tory of the United States against a pro­ Chemical .Division, Diamond Shamrock granted will also report on Form DIB- ducer’s 1973 watch quota, and which Chemical Co., Diamond Shamrock Corp., 321P any change in ownership and con­ were lost prior to entry into the customs trol which has occurred subsequent to the 350 Mt. Kemble Ave., P.O. Box 2386-R, territory of the United States, shall Morristown, NJ 07960, proposing that filing of an application for a watch quota nevertheless be considered as having on Form DIB-334P (formerly OIPF-764) § 121.2505 Slimicides (21 CFR 121.2505) been entered into the customs territory be amended to provide for the safe use (see section 8, below). for purposes of quota fulfillment: Pro­ Sec. 3. Application forms will be mailed of 3,3,4,4 - tetrachlorotetrahydrothio- vided, That the Departments have been phene 1,1-dioxide as a slimicide in the to recipients of initial quota allocations satisfied that shipment was in fact made as soon as practicable and must be filed manufacture of paper and paperboard in but lost prior to entry into the customs contact with food. with the Departments on or before Jan­ territory. uary 31, 1974. All data required must be S ec. 7. (Virgin Islands only) In the Dated: November 21, 1973. supplied as a condition for annual allo­ determination of initial and annual Virgil O. W odicka, cations and are subject to verification watch quota allocations for calendar Director, Bureau of Foods. by the Departments. In order to ac­ year 1974, the Departments propose to complish this verification it will be nec­ take into account and make appropriate [FR Doc.73-25613 Filed 12-3-73:8:45 am] essary for representatives of the De­ adjustments for any new entrant or en­ partments to meet with appropriate trants to whom a quota allocation was National Institutes of Health officials of quota recipients in the insular made during calendar year 1973 pursu­ possessions in order to have access to ant to Section 7 of the Rules for Alloca­ NATIONAL CANCER INSTITUTE company records. Representatives of the tion of Watch Quotas for Calendar Year Notice of Meeting Departments plan to perform this verifi­ 1973 (37 FR 28768, December 29, 1972), Pursuant to Pub. L. 92-463, notice is cation beginning on or about Febru­ and who would not have a full year’s op­ ary 15, 1974 in Guam and American hereby given of the meeting of the Mo­ eration as a basis for computation of a lecular Control Working Gro^ip, National Samoa and beginning on or about quota for calendar year 1974. March 1, 1974 in the Virgin Islands, and Cancer Institute, December 14, 1973, at will contact each producer locally re­ S ec. 8. The rules restricting transfers 9:00 a.m., National Institutes of Health, garding the verification of its data. of duty-free quotas issued on January 29, Building 31, Conference Room 8. This Sec. 4. (Virgin Islands only) The an­ 1968 and published in the Federal R egis­ meeting will be open to the public from nual quotas for calendar year 1974 for ter on January 31, 1968 (33 FR 2399), 9:00 a.m. to 5:00 p.m., to discuss policy the Virgin Islands will be allocated as are hereby incorporated by reference as matters pertaining to the Molecular Con­ soon as practicable after April 1,1974, on applicable to transfers of quotas issued trol Working Group. Attendance by the the basis of (1) the number of units as­ during calendar year 1974 except that public will be limited to space available. sembled by each producer in the territory detailed reporting of ownership and con­ Mr. Frank Karel, Associate Director and entered by it duty-free into the cus­ trol will be reported on an annual basis for Public Affairs, NCI, Building 31, toms territory of the United States dur- on Form DIB-334P at the time the pro­ Room 10A31, National Institutes of nig calendar year 1973, (2) the total ducer applies for an annual duty-free Health, Bethesda, Md. 20014, 301-496- dollar amount of wages subject to FICA watch quota for calendar year 1974. Sub­ 1911, will furnish summaries of the open taxes paid by such producer in the terri­ sequent change in ownership and control meeting and roster of committee tory during caleridar year 1973 to persons will be reported on April 15, July 15, and members. whose pay was and (3) the total net dol­ October 15, 1974, on Form DIB-321P re­ Dr. Timothy E. O’Connor, Executive lar amount of income taxes applicable quired in Section 2 above. Secretary, Bldg. 41, Room A107, National

FEDERAL REGISTER, VOL 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33412 NOTICES

Cancer Institute, National Institutes of within exemptions (1) and (3) of 5 U.S.C. CIVIL AERONAUTICS BOARD Health, Bethesda, Md. 20014, 301-496- 552(b) and it is essential to close this 3647, will provide substantive program meeting to protect the discussion of these [Docket No. 26131] information. classified matters. BRITISH AIRWAYS BOARD Dated: November 23, 1973. John C. R yan, Transfer of Foreign Air Carrier Permits of Advisory Committee, British Overseas Airways Corporation J ohn F. S herman, Management Officer. Deputy Director, Notice is hereby given that a prehear­ National Institutes of Health. [FR Doc.73-25818 Filed 12-3-73; 10:11 am) ing conference in the above-entitled mat­ [PR Doc.73-25584 Filed 12-3-73;8:45 am] ter is assigned to be held on December 20, [Docket No. PR-Misc. Notice (Development 1973, at 10:00 a.m. (local time) in Room of Siting Criteria) ] 503, Universal Building, 1825 Connecticut ATOMIC ENERGY COMMISSION Avenue NW„ Washington, D.C., before FUTURE HIGH LEVEL WASTE FACILITIES NUCLEAR POWER PLANTS Administrative Law Judge Thomas P. SAVANNAH RIVER PLANT, AIKEN, S.C. Notice of Availability of Draft Report Pre­ Sheehan. Relocation of Project pared for General Environmental Siting Notice is also given that the hearing Guides for Nuclear Power Plants may be held immediately following con­ Notice is hereby given that the Atomic On February 1, 1973, the Atomic clusion of the prehearing conference un­ Energy Commission plans to relocate less a person objects or shows reason for four radioactive waste storage tanks and Energy Commission published in the an evaporator from the originally F ederal R egister (38 FR 3106) a Notice postponement on or before December 12, planned “F” Chemical Separations Area of Intent to Develop General Siting Cri­ 1973. to the “H” Chemical Separations Area. teria for Nuclear Power Plants. Notice is hereby given that the Atomic Dated at Washington, D.C., November The environmental impact of construc­ 28,1973. tion of the tanks and evaporator in the Energy Commission is making available “F” area was covered in an environmen­ to the public for cpmment a draft report [seal] R alph L. Wiser, tal statement (WASH 1528) which was entitled “General Environmental Siting Chief Administrative Law Judge. issued in April 1973. Due to a subsequent Guides for Nuclear Power Plants—Topics [FR Doc.73-25640 Filed 12-3-73;8:45 am] change in planned reactor operational and Bases.” This document was prepared modes there is a greater need for the by Battelle Memorial Institute, Columbus tanks to be located in the “H” area. The Laboratories, to assist the Commission in CIVIL SERVICE COMMISSION environmental impact of this change was acquiring and organizing the information evaluated by means of an environmental from existing sources, including existing FEDERAL EMPLOYEES PAY COUNCIL assessment and it was determined that criteria, that will provide the bases for Notice of Meeting general siting guides for nuclear power the action would have no impact signifi­ Pursuant to section 10(a) (2) of the cantly different from that covered in the plants. The topics considered are geology, April 1973 environmental statement. hydrology, meteorology, ecology, land Federal Advisory Committee Act, Pub. L. Therefore, it is not planned to issue an­ use, population density, and esthetics. 92-463, notice is hereby given that the other statement. The environmental The Commission’s purpose is to develop Federal Employees Pay Council will meet assessment of this action can be made criteria that will provide general guid­ at 2:00 p.m. on Wednesday, December 12, ance relative to site suitability and the available upon request in writing to Dr. potential impacts from nuclear power 1973, to continue discussions on the fiscal James L. Liverman, Assistant General year 1974 comparability adjustment for Manager for Biomedical and Environ­ plants on the environment and on the mental Research an

FEDERAL REGISTER, VOL 38, NO. 232— TUESDAY, DECEMBER 4, 1973 NOTICES 33413 mental Policy Act of 1969, and section A p p e n d ix I 309 of the Clean Air Act, as amended, DRAFT ENVIRONMENTAL IMPACT STATEMENTS FOR WHICH COMMENTS WERE ISSUED BETWEEN OCTOBER 16, 1973 AND the Environmental Protection Agency OCTOBER 31, 1073 (EPA) has reviewed and commented in writing on Federal agency actions im­ Responsible Federal General Source for Agency Identifying Number and Title nature of copies of pacting the environment contained in comments comments the following appendices during the pe­ riod of October 16, 1973, and October 31, Atomic Energy Commission____D-AEC-06115-GA: Alvin W. Vogtle Nuclear Plant, LO-2 A 1973. Units 1-4, Ga. Department of Agriculture...... _ D-AFS-39054-GU: Shore protection, Talofofo Bay, LO-2 J Appendix I contains a listing of draft Territory of Guam. environmental impact statements re­ Do_____ .... ______D-AFS-61152-MN: Boundary Waters Canoe Area, LO-2 F viewed and commented upon in writing Superior National Forest, Minn. D o .,______D-AFS-61161-MT: Spanish Peaks Multiple-use plan, LO-1 I during this review period. The list in­ Mont. cludes the Federal agency responsible Do...... ______D-AFS-65038-MT: Upper West Fork Planning Unit, ER-2 I Ravalli County, Mont. for the statement, the number and- title Do______D-AFS-65045-MT: South Cottonwood Multiple-use ER-2 -I of the statement, the classification of the plan, Mont. D o ... ______D-AFS-65046-VA: Cave Mountain Lake Unit Plan, LO-1 D nature of EPA’s comments as defined in Jefferson National Forest, Va. Appendix II, and the EPA source for D o ...... D-AFS-65048-CA: North Shore Huntington Lake LO-1 J copies of the comments as set forth in Timber Sales, Fresno, Calif." Do______D-DOA-36159-ID: Georgetown Creek Watershed Plan, LO-1 K Appendix V. Idaho. Appendix II contains the definitions of D o ...:___i______..... ___ _ D-REA-08009-MD: 230 KV Transmission line Ryce- LO-1 D ville to Lexington, Md. the classifications of EPA’s comments on Corps of Engineers...... __...... D-COE-32456-AL: Black Warrior and Tombigbee ER-2 E the draft environmental impact state­ Rivers (navigation), Ala. D o ...... ______D-COE-36306-CO: Arkansas River and Great Bend, ER-1 I ments as set forth in Appendix I. John Martin Dam, Colo. Appendix n i contains a listing of final D o ...... D-COE-36314r-CA: Water Resource Development along LO-1 J Calleguas Creek, Calif. environmental impact statements re­ Do...... — ...... D-COE-36316-PA: Pottstown Flood Protection Proj- ER-2 D viewed and commented upon in writing D o...... :.. ______D-COE-36318-ND: Flood Control at Grafton, Park LO-1 I during this reviewing period. The listing River, N.Dak. D o______D-COE-39065-AK: Operation and maintenance of An­ LO-2 K will include the Federal agency responsi­ chorage Harbor-, Alaska. Do_...l,____e______D-COE-34090-NC: Reddies Lake Project, Wilkes LO-2 E ble for the statement, the number-and County N.C. title of the statement, a summary of the Do______j___ D-COE-30,069-IN: Newburgh Bank Revetment, Ohio LO-2 F River, Newburgh, Ind. nature of EPA’s comments, and the EPA Department of defense______D-DOD-12032-CA: U.S. Air Force Space Launch Ve­ LO-2 J hicle, Calif. source for copies of the comments as set D o.______D-USN-11046-FL: Navy Family Housing Construc­ ER-2 E forth in Appendix V. tion, at McCoy Air Force Base, Orlando, Fla. Do______U-UAF-11043-CO: Air Force Accounting and Finance LO-1 I Appendix IV contains a listing of pro­ Facility, Colo. Federal Power Commission...__D-FPC-03045-NY: Eascogas LNG, Inc., and Distrigas ER-2 C posed Federal agency regulations, legisla­ Corp. (CP73-47), New York. tion proposed by Federal agencies, and Department of the Interior_____ D-IB R-08010-00: Curecanti-Shiprock No. 2, 230 kV ER-2 I Transmission Line, Colorado and New Mexico. any other proposed actions reviewed and Do______—— D-BOR-99049-00: Continental Divide, Kit Carson Na­ ER-2 A tional Scenic Trails. commented upon in writing pursuant to D o ...... - ...... D-NPS-61167-TX: Proposed Big Thicket National Bio­ LO-1 G section 309(a) of the Clean Air Act, as logical Reserve, Tex. D o ...... D-SFW-64021-WI: Horicon National Wildlife Refuge, LO-2 F amended, during the referenced review­ Wis. D o...... —...... L D -D 01-03043-00: Deregulation of natural gas prices... LO-1 A ing period. The listing includes the Fed­ Department of Transportation. . D-FAA-51316-LA: Lakefront Airport, New Orleans, La. ER-2 G eral agency responsible for the proposed D o...... ______I - D-FHW-41890-CA: Widening of 1-80, Auburn to East 3 J Auburn, Placer County, Calif. action, the title of the action, a summary D o...... D-FHW-41946-TXrU.S. Highway 60, Parmer County LO-2 G and Castro County, Tex. of the nature of EPA’s comments and the D o...... D -F H W-41969-MT: S221(3) and 8221(7) Thompson LO-1 I EPA source for copies of the comments Falls West, Mont. Do...... - ______D-FHW-41984-MO: Route 36, Macon County, Mo______LO-2 H as set forth in Appendix V. D o...... D-FHW-42033-WI: ST.H. 35, Caseburg Road, Vernon LO-2 F County, Wis. Appendix V contains a listing of the D o ...... D-FHW-41988-CA: FT. Weaver Road realignment and LO-1 J names and addresses of the sources for widening, Calif. D o______. . . i . D-FHW-42023-AK: Chitina-McCarthy Highway, LO-1 K copies of EPA comments listed in Ap­ Energy Policy Office...... R D -E P 0-00100-00: Establishment of priorities of use ER-2 A pendices I, m , and IV. and allocations of supply for certain low sulfur petro­ Copies of the EPA Manual setting forth leum products. the policies and procedures for EPA’s re­ view of agency actions may be obtained Ap p e n d ix n EXT--- ENVIRONMENTALLY UNSATISFACTORY by writing the Public Inquiries Branch, DEFINITION OF CODES FOR THE GENERAL NATURE EPA believes that the proposed action is OF EPA COMMENTS unsatisfactory because of its potentially Office of Public Affairs, Environmental harmful effect on the environment. Further­ Protection Agency, Washington, D.C. E nvironmental I m pa c t o f t h e Ac t io n more, the Agency believes that the potential 20460. Copies of the draft and final en­ LO--- LACK OF OBJECTION safeguards which might be utilized may not adequately protect the environment from vironmental impact statements refer­ EPA has no objections to the proposed ac­ hazards arising from this action. The Agency enced herein are available from the orig­ tion as described in the draft impact state­ recommends that alternatives to the action inating Federal department or agency ment; or suggests only minor changes in the be analyzed further (including the possibil­ proposed action. ity of no action at aU). or from the National Technical Informa­ tion Service, U.S. Department of Com­ ER--- ENVIRONMENTAL RESERVATIONS Adequacy o f t h e I m pa c t S t a t e m e n t merce, Springfield, Virginia 22151. EPA has reservations concerning the en­ CATEGORY 1--- ADEQUATE vironmental effects of certain aspects of the Dated: November 21,1973. proposed action. EPA believes that further The draft impact statement adequately study of suggested alternatives or modifica­ sets forth the environmental Impact of the S heldon Meyers, tions is required and has asked the origi­ proposed project or action as well as alterna­ Director, nating Federal agency to reassess these tives reasonably available to the project or Office of Federal Activities. impacts. action.

FEDERAL REGISTER. VOL. 38. NO. 232— TUESDAY, DECEMBER 4, 1973 33414 NOTICES

CATEGORY 2--- INSUFFICIENT INFORMATION CATEGORY 3— INADEQUATE E. Director of Public Affairs Region IV EPA believes that the draft impact state­ EPA believes that the draft impact state­ Environmental Protection Agency ment does not contain sufficient information ment does not adequately assess the environ­ Suite 300 to assess fully the environmental impact of mental impact of the proposed project or ac­ 1421 Peachtree Street, N.E. the proposed project or action. However, from tion, or that the statement inadequately Atlanta, Georgia 30309 the information submitted, the Agency is analyzes reasonable available alternatives. F. Director of Public Affairs able to make a preliminary determination of The Agency has requested more information Region V the impact on the environment. EPA has and analysis concerning the potential envi­ Environmental Protection Agency requested that the originator provide the ronmental hazards and has asked that sub­ 1 N. Wacker Drive information that was not included in the stantial revision be made to the impact Chicago, Illinois 60606 draft statement. statement. G. Director of Public Affairs Region VI A p p e n d ix I I I Environmental Protection Agency 1600 Patterson Street FINAL ENVIRONMENTAL IMPACT STATEMENTS FOR WHICH COMMENTS WERE ISSUED BETWEEN OCTOBER 16, 1973 AND OCTOBER 31, 1973 Dallas, Texas 75201 H. Director of Public Affairs Region VH Source for Environmental Protection Agency copies of Identifying number Title General nature of commènts comments 1735 Baltimore Street Kansas City, Missouri 64108 I. Director of Public Affairs Department of Agriculture Region VIII F-SCS-36234-- Narge Creek Watershed; Lake EPA has no objections to the proposed project. E KY County, Fla. The final statement adequately accommodated Environmental Protection Agency the EPA comments on the draft statement. Lincoln Tower, Room 916 Corpe of Engineers 1860 Lincoln Street F-COE-32325- Greenville Harbor, (naviga­ ----- do______E Denver, Colorado 80203 MS tion), Miss. F-COE-36319- Mississippi River, east bank, ----- do...... ______E J. Director of Public Affairs MS Vicksburg-Yazoo area, Wil­ Region IX kinson County, Miss. - Environmental Protection Agency F-COE-36320- Mississippi River, east bank, EPA generally agreed with the proposed project. E 100 California Street MS Natchez area, Wilkinson However, EPA recommended the inclusion of County, Miss. data relating to the cumulative project effects San Francisco, California 94111 on water quality. K. Director of Public Affairs F-COE-84019- Duck, North Carolina Field EPA has no objections to the proposed project. E Region X NC Research Facility, Coastal The final statement adequately accommodated Environmental Protection Agency Engineering Research Cen­ the EPA comments on the draft statement. to*, North Carolina. 1200 Sixth Avenue F-COE-30031- Beach erosion control study on ___ do______;______E Seattle, Washington 98101 FLi Gulf Shore of Anna Marie Key, Manatee County, Fla. [FR Doc.73-25533 Filed 12-3-73;8:45 am]

A p p e n d ix IV FEDERAL COMMUNICATIONS REGULATIONS, LEGISLATION AND OTHER FEDERAL AGENCY ACTIONS FOR WHICH COMMENTS WERE ISSUED BETWEEN COMMISSION OCTOBER 16, 1973 AND OCTOBER 31, 1973 [Report No. 676] Source for COMMON CARRIER SERVICES copies of INFORMATION 1 Identifying number Title General nature of comments comments Domestic Public Radio Services Atomic Energy Commission Applications Accepted for Filing* R-AEC-09008- 10 CFR Parts 60, 115 Licens- EPA is concerned whether procedures and de- A 00. ing of production and Util­ terminations surrounding material alterations November 26, 1973. ization Facilities Procedures or changes in operating practices in facilities ^ Pursuant to §§ 1.227(b) (3) and 21.30 for Review of Certain Nu­ covered by these proposed regulations include clear Reactors Exempted environmental considerations. In particular, (b) of the Commission’s rules, an appli­ from licensing requirements. the “Significant Hazards Consideration(s)” cation, in order to be considered with any and determination concerning “ Unreviewed Safety Question(s>” as specified in the pro­ domestic public radio services application posed regulations should include explicit con­ appearing on the list below, must be sub­ sideration of significant environmental factors and adherence to applicable environmental stantially complete and tendered for fil­ quality standards. ing by whichever date is earlier: (a) The Department of Health, Education, and Welfare R-FDA-99024- 21 CFR Part 121, Prior- EPA suggests that consideration should be A close of business 1 business day preceding 00. Sanctioned Polyvinyl Chlo­ given to the' possibility of contamination of the day on which the Cbmmission takes ride resin. nonalcoholic foods by the monomer, vinyl action on the previously filed applica­ chloride. As an alternative, controlling the amount of residual monomer in the P V c tion; or (b) within 60 days after the date should also be considered. of the public notice listing the first prior Interstate Commerce Commission A-ICC-5302Ô-00. Illinois Central Gulf Railroad EPA recommends that the proposed fare in- F filed application (with which subsequent Company, Electric Com­ crease be approved as a short-term measure applications are in conflict) as having muter Train Fares, No. only. EPA noted that the Chicago area trans­ 35889. portation control plan and the creation of a been accepted for filing. An application RTA should serve to increase overall rider- ship, thereby eliminating the need for in­ which is subsequently amended by a creased fares. major change will be considered to be a newly filed application. It is to be noted A p p e n d i x V C. Director of Public Affairs SOURCE FOR COPIES OF EPA COMMENTS Region n 1 All applications listed in the appendix Environmental Protection Agency are subject to further consideration and re­ A. Director, Office of Public Affairs view and may be returned and/or dismissed Environmental Protection Agency Room 847 26 Federal Plaza if not found to be in accordance w ith the 401 M Street, S.W. Commission’s rules, regulations, a n d other Washington, D.O. 20460 New York, New York 10007 requirements. B. Director of Public Affairs D. Director of Public Affairs a The above alternative cutoff rules apply to Region I Region III those applications listed below as having been Environmental Protection Agency Environmental Protection Agency accepted in Domestic Public Land Mobile Room 2303 Radio, Rural Radio, Point-to-Point Micro- John F. Kennedy Federal Building Curtis Bldg., 6th and Walnut Streets wave Radio, and Local Television T r a n s m is ­ Boston, Massachusetts 02203 Philadelphia, Pennsylvania 19106 sion Services (Part 21 of the Rules).

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 NOTICES 33415 that the cutoff dates are set forth in the 20558-C2—P—74—Project Mutual Telephone of Billings, Montana. Lat. 45°43'44" N., Cooperative Association, Inc. (KOH281), Long. 108°23'43" W. C.P. to add freq. alternative—applications will be entitled C.P. for additional facilities to operate on 3870V MHz toward Ft. Custer, Mont., on to consideration with those listed belay 152.78 MHz at Loc. #2: 15 miles NW of azimuth 120°30'. •« if filed by the end of the 60-day period, Rupert, Kimama Butte, Idaho. 1752- C1—P—74—Same (KOV22), Ft. Custer, only if the Commission has not acted 20.0 Miles SW. of Hardin, Montana. Lat. upon the application by that time pursu­ RURAL RADIO SERVICE ' 45°30’55" N., Long. 107°52'57" W. C.P. to ant to the first alternative earlier date. 60104- C6-AL-74—Howard R. Jones d.b. as add freq. 3910V MHz toward Billings Jet., The mutual exclusivity rights of a new Myrtle Beach Communications. Consent to Mont., on azimuth 300° 53'; freq. 391 OH application are governed by the earliest Assignment of License from Myrtle Beach MHz toward Wyola, Mont., on azimuth Communications, ASSIGNOR to John W. 145°35'; change in geographical coordi­ action with respect to any one of the Blanton d.b. as Myrtle Beach Radio Tele­ nates. earlier filed conflicting applications. phone & Paging Service, ASSIGNEE. Sta­ 1753- Cl—P-74—Same (KOV21), 6.0 Miles The attention of any party in interest tion: KJD21, Temporary-fixed. WNW. of Wyola, Montana. Lat. 45<>09'00" desiring to file pleadings pursuant to sec­ 60105- C6-P—74—RCA Alaska Communica­ N., Long. 107°31'46" W. C.P. to change geo­ tion 309 of the Commuications Act of tions, Inc. (WOG24), C.P. to change an­ graphical coordinates & add freq. 3870H 1934, as amended, concerning any domes­ tenna system operating on 152.51 152.60 MHz .toward Ft. Custer, Mont., on azimuth tic public radio services application ac­ 152.75 and 152.78 MHz located 70 miles NE 325°50'; add freq. 3870H MHz toward Sheri­ cepted for filing, is directed to § 21.27 or of King Salmon, Alaska, South shore of dan, Wyo., on azimuth 141°16'. Lake Iliamna, Big Mountain WACS, 1754- C1—P-74—Same {KOV20), 13.0 Miles the Commission’s rules for provisions Alaska. South of Sheridan, Wyoming. Lat.44°36'29" governing the time for filing and other 60106- C6-P-74—Chesapeake and Potomac N., Long. 106°55'23" W. C.P. to add freq. requirements relating to such pleadings. Telephone Company of Maryland (NEW), 3910H MHz toward Wyola, Wyo., on azi­ F ederal Communications C.P. for a new rural subscriber station to muth 321 °42'; freq. 3910H MHz toward Ft. operate on 157.89 and 157.80 MHz to be McKinney, Wyo., on azimuth 156°38\ —• Commission,3 located at Maryland Route 335, South of 1755- C l-P-74—Same (KOU99), 8.0 Miles [seal] Vincent J. Mullins, Fishing Creek, Honga, Maryland. South of Buffalo, Wyoming. Lat. 44

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33416 NOTICES

1765- Cl—P-74—Same (KOU87), Cheyenne Latitude; 77°15'49" West Longitude. Sta­ 63.03) For authority to supplement existing Jet., 7.0 Miles SW. of Cheyenne, Wyoming. tion will use one 33 foot diameter antenna. facilities at various locations in the States of Lat. 41°02'54” N., Long. 104°53'29" W. CJ*. The earth station will transmit with a Vermont, Massachusetts, and New Hamp­ to add freq. 4110V MHz toward Horse frequency of 6420.0 MHz and will receive shire. Creek, Wyo., on azimuth 02°26'; freq. 4050H in the band 3700-4200 MHz. Maximum MHz toward Cheyenne, Wyo., on azimuth EIRP will be 67.5 dBW/4kHz in the main P-C-8783 RCA Global Communications, Inc. 32°41\ beam with a maximum of 15 dBW/4kHz FORMAL (SECTION 63.01) For authority to 1766- C1—P-74—Same (KOU88), 1919 Capitol in the horizontal plane. acquire and operate terrestrial channels oi Avenue, Cheyenne, Wyoming. Lat.41°08'll" Applications F iled P u r s u a n t to Se c t io n 214 N., Long. 104°49'00" W. C.P. to add freq. communication from American Telephone 4090H MHz toward Cheyenne Jet., Wyo., on o p t h e Communications Act o p 1934, as and Telegraph Company connecting domes­ azimuth 212°43\ A m en d ed tic satellite earth stations at Valley Forge, 1767- C1—AP—(6) —74—Gopher State Telephone Telephone Wire Facilities Pennsylvania, and Bonsall, California, with Company. Consent to Assignment of Per­ points of termination at New York, New York, mit from Gopher State Telephone Com­ P-C-8783 The Chesapeake and Potomac and Los Angeles, California. pany, ASSIGNOR to Continental Telephone Telephone Company of Virginia INFORMAL Company of Minnesota, Inc., ASSIGNEE (SECTION 63.03) For authority to construct [FR Doc.73-25548 Filed 12-3-73;8:45 am] for stations: KBC53—Aurora, Minn.; and operate 42 4 KHz channels between vari­ KBC54—Mesabe, Minn.; KBK91—Ely, ous locations in Virginia. Minn.; KBK92—Embarrass, Minn.; KBK BAHAMAS 93—Wales, Minn. & KBK94—Two Harbors, P—C-8784 New England Telephone and Tele­ Minn. graph Company INFORMAL (SECTION Notification List No. 3/73 1768- C1—AP— (3) -74—Minnesota Telephone Company. Consent to Assignment of Per­ Call Location Power Frequency Antenna Schedule Class mit from Minnesota Telephone Company, letters (kW) (kHz) ASSIGNOR to Continental Telephone Com­ pany of Minnesota, Inc., ASSIGNEE for sta­ (New)__ Freeport, Grand Bahama Island, N . 26°33'00", 10. __ _ 810 DA-1 TJ II tions: WAX91—Big Palls, Minn.; WAX W. 78°45'00". 92—International Palls, Minn. & WAX93— (N ew )... George Town. Great Exuma Island, N. 23°32'00", 10D/5N__ 970 DA-2 Ü n W. 75°50/00". , Little Pork, Minn. (New)__ Marsh Harbour, Great Abaco Island, N. 26°33'00", 1...... 1070 DA-1 TJ h Major amendments W. 77°05W'. 6295- C1-P-73—Public Service Telephone FCC N ote.—B y letter dated November 15,1973, the Federal Communications Commission received notification Company (K.VU90). Change frequency to from the Bahamian Government of basic and supplementary information for these new assignments. 2168.4H MHz toward Culloden, Ga., on azimuth 324° 16'. (All other particulars [seal] W allace E. J ohnson, same as reported on Public Notice #638, ^ Chief, Broadcast Bureau, dated 3-5-73.) Federal Communications Commission. 6296- C1-F-73—Same (New). Change fre­ [FR Doc.73-25627 Filed 12-3-73;8:45 am] quency to 2118.4H MHz toward Knoxville, Ga., on azimuth 144°12'. (All other par­ ticulars same as reported on Public Notice FEDERAL POWER COMMISSION tions 4 and 15, the regulations pertain­ #638, dated 3-5-73.) . ing thereto [18 CFR, Chapter I], and the [Docket Nos. RI74-68, etc.] Corrections Commission’s Rules of Practice and Pro­ EXXON CORP. ET AL. cedure, public hearings shall be held con­ 1123-C1-P-73—American Television & Com­ cerning the lawfulness of the proposed munications (New), 1.0 Mile West of Del Order Providing,.for Hearing on and Suspen­ Ray Beach, Florida. This entry, appearing sion of Proposed Changes in Rates, and changes. on Public Notice erf October 23, 1973, is Allowing Rate Changes To Become Effec­ (B) Pending hearings and decisions corrected to show site longitude 80° 06 '21" tive Subject to Refund1 thereon, the rate supplements herein are West, instead of site longitude 80°16'21" suspended and their use deferred until West. (AH other particulars same as re­ N ovember 23,1973. date shown in the “Date Suspended Un­ ported.) Respondents have filed proposed til” column. Each of the supplements Corrections changes in rates and charges for juris­ shall become effective, subject to refund, dictional sales of natural gas, as set forth as of the expiration of the suspension Multipoint distribution-service: in Appendix A below. 50015-C5—MP-74—Microband Corporation of period without any further action by the America (WLJ79). CORRECT Pile No. to The proposed changed rates and Respondent or by the Commission. Each read: 50015-C5-MP-74. (All other particu­ charges may be unjust, unreasonable, Respondent shall comply with the re­ lars same as reported on Public Notice unduly discriminatory, or preferential, funding procedure required by the Na­ #675, dated 11-19-73. or otherwise unlawful. tural Gas Act and § 154.102 of the regulations thereunder. SATELLITE COMMUNICATION’S SERVICE The Commission finds: It is in the public interest arid consistent with the (C) Unless otherwise ordered by the International Natural Gas Act that the Commission Commission, neither the suspended sup­ 45-CSG-R-74—Kentron Hawaii, Ltd. (DE­ enter upon hearings regarding the law­ plements, nor the rate schedules sought VELOPMENTAL) Fairbanks, Alaska, RE­ fulness of the proposed changes, and that to be altered, shall be changed until dis­ NEWAL of authority expiring December 31, the supplements herein be suspended and position of these proceedings or expira­ 1973. TERM requested 12-31-73, to 12- their use be deferred as ordered below. tion of the suspension period, whichever 31-74. The Commission orders: (A) Under is earlier. Domestic the Natural Gas Act, particularly sec- By the Commission. 4-DSE-P-74—American Satellite Corporation (NEW), C.P. for T.T. &,C. earth station at 1 Does not consolidate for hearing or dis­ [seal] K enneth P. Plumb, Germantown, Maryland, at 39011 '00" North pose of the several matters herein. Secretary.

fEDERAL REGISTER, VO L 38, NO. 232— TUESDAY, DECEMBER 4, 1973 NOTICES 33417

Appendix A

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

BI74-68.= Exxon Corp______gsa 134 1 11 El Paso Natural Gas Co. (Vine- 10-29-73 11-29-73 ‘» Accepted garone Field, Val Verde County) (Permian Basin). 12 ___ do______..... $17,734 » 10-29-73 11-29-73 ‘»Accepted 15.5581 23.0 13 ....d o ...... 4,989 10-29-73 ...... 0-1-74 23.0 26.0983 cIHdo------;______,=» "Ì38 I 9 E l Paso Natural Gas Co. (Buck- ______10-29-73 li-29-73 ‘® Accepted...... horn Field, Schleicher County, Tex.) (Permian Basin). 10 ....d o ______19,420 *10-29-73 11-29-73 ‘»Accepted 10.00 »23.92 £..„do______-I______... II ...d o ______: ...... 221 »10-29-73 ...... ,6-1-74 23.92 24.0097 RI74-69— Atlantic Bichfleld 492 4 24 El Paso Natural Gas Co. (Jalmat 61,293 10-20-73 ...... 0 17.9023 35.0 et al., Fields, Lea County, N. Mex.) (Permian Basin). * 2 6 ___do______...... - 11- 6-73 12- 0-73 “ A ccepted...... ;...do.IZH ______... ____... *20 ....d o ______218,423 11- 5-73 ...... (*) 17.9023 35.0 RI74-70... Phillips Petroleum Co_^ 509 6 El Paso Natural Gas Co. (South 00,430 • 10-24r-73 ...... 0-1-74 35.0 37.0 Carlsbad Field, Eddy County, N. Mex.) (Permian Basin). ....d o ______¿ 513 3 El Paso Natural Gas Co. (North­ 25,003 *10-24-73 ...... 0-1-74 35.0 * 37.74 west James Ranch Prospect, Eddy County, N. Mex.) (Per­ mian Basin).

•Unless otherwise stated, the pressure base is 14.05 p.s.i.a. 602, and suspended until Apr. 26, 1974, insofar as the proposed rate exceeds the ap­ ‘ Contract amendment dated Oct. 8,1973. plicable area ceiling rate (23 cents) as adjusted for quality pursuant to Opinion No. * Amended by filing of Nov. 5, 1973. 662. * Includes Btu adjustment. 8 Accepted as of Dec. 6,1973, insofar as proposed rate does not exceed the applicable * Applicable only to sales made pursuant to Supplement No. 23 (agreement dated area ceiling rate (23 cents) as adjusted for quality pursuant to Opinion No. 662 and July 11,1973) which new wells are to be drilled. suspended until May 0, 1974, insofar as proposed rate exceeds the applicable area ‘ Contract agreement dated Oct. 12,1973. ceiling rate (23 cents) as adjusted for quality pursuant to Opinion No. 602. * Applicable only to sales made pursuant to Supplement No. 25 (agreement dated * Amended by filing dated Nov. 13,1973. Oct. 12,1973). ‘® Accepted to be effective Nov. 29, 1973, thirty days after filing. 7 Accepted as of Nov. 20,1973, insofar as the proposed rate does not exceed the ap­ “ Accepted to be effective Dec. 0,1973, thirty days after filing. plicable area ceiling rate (23 cents) as adjusted for quality pursuant to Opinion No.

The proposed increases of Atlantic Rich­ CENTRAL BANCSHARES OF THE SOUTH, Applicant's nearest subsidiary, in field Company are accepted insofar as they do INC. not exceed the applicable area rate pursuant Gadsden, Alabama, is located approxi­ to Opinion No. 662 and suspended for five Order Approving Acquisition of Bank mately 30 miles north of Oxford. Neither months insofar as they exceed the applicable Bank nor the Gadsden bank derives area rate pursuant to Opinion No. 662. Central Bancshares of the South, Inc., any loans or deposits from the service Exxon under Supp. Nos. 13 and 11 to its Birmingham, Alabama, a bank holding area of the other and no competition FPC Gas Rate Schedule Nos. 134 and 138, company within the meaning of the exists between them. Furthermore, it respectively, and Phillips Petroleum Company Bank Holding Company Act, has ap­ does not appear that significant future have filed for proposed rates which exceed plied for the Board’s approval under sec­ competition between them would develop the applicable area ceiling rate set forth in tion 3(a) (3) of the Act (12 U.S.C. 1842 in view of the distance between them and Opinion No. 662 and they are suspended for (a)(3) ) to acquire 100 percent of the five months. Exxon has also filed for two in­ the large number of banks presently creases which do not exceed the celling in voting shares (less directors’ qualifying serving the market area. The proposed Opinion No. 662 and they are accepted. shares) of the successor by merger to acquisition has no anti-competitive ef­ The First State Bank of Oxford, Oxford, [FR Doc.73-25509 Piled 12-3-73;8:45 am] fects and, accordingly, competitive con­ Alabama (Bank). The bank into which siderations are consistent with approval Bank is to be merged has no significance of the application. FEDERAL R e c o u p SYSTEM except as a means to facilitate the ac­ The financial condition and manageri­ quisition of the voting shares of Bank. ALLIED BANCSHARES, INC. al resources of Applicant and its sub­ Accordingly, the proposed acquisition of sidiary banks are considered to be satis­ Acquisition of Bank the successor organization is treated factory and prospects for each appear Allied Bancshares, Inc., Houston, herein as the proposed acquisition of the favorable. Banking factors are consistent Texas, has applied for the Board’s ap­ shares of Bank. with approval of the application. Appli­ proval under section 3(a) (3) of the Bank Notice of the application, affording op­ cant has proposed no changes in the Holding Company Act (12 U.S.C. 1842(a) portunity for interested parties to sub­ services offered by Bank. However, Ap­ (3)) to acquire 100 percent of the voting mit comments and views, has been given plicant does propose to research the mar­ shares of Clear Creek Bank, Seabrook, in accordance with section 3(b) of the ket and then respond to the convenience Texas. The factors that are considered Act. The time for filing comments and and needs of the community of Bank. in acting on the application are set forth views has expired, and none has been Probable new services include extended in section 3(c) of the Act (12 U.S.C. received. The application has been con­ banking hours, trust services, overdraft 1842(c)). sidered in light of factors set forth in loan services, and industrial develop­ section 3(c) of the Act (12 U.S.C. The application may be inspected at ment support from the Industrial De­ 1842(c)). velopment Department of Applicant’s the office of the Board of Governors or Applicant presently controls four sub­ at the Federal Reserve Bank of Dallas. lead bank. In addition, the acquisition sidiary banks with total deposits of will increase the maximum loan limits Any person wishing to comment on the $630.2 million. (Banking data are as of application should submit his views in of Oxford Bank, add flexibility for pro­ December 31,1972.) Acquisition of Bank viding services, add depth to manage­ writing to the Reserve Bank, to be re­ will increase Applicant’s share of State ceived not later than December 19, 1973. ment and strengthen Oxford Bank’s deposits from 9.84 percent to 10.05 per­ capital structure. Considerations relat­ Board of Governors of the Federal Re­ cent, an insignificant increase, and will ing to convenience and needs of the serve System, November 26,1973. not change Applicant’s ranking among Alabama banking organizations. Ac­ community to be served lend support to [seal] T heodore E. Allison, cordingly, acquisition of Bank will not approval of the application. It is the Assistant Secretary of the Board. significantly affect statewide concentra­ Board’s judgment that consummation of [FR Doc.73-25599 Piled 12-3-73;8:45 am] tion. the proposed transaction would be in

FEDERAL REGISTER, VOL 38, NO. 232— TUESDAY, DECEMBER 4, 1973 No. 232—pt. I-----5 33418 NOTICES the public interest and that the appli­ in accordance with section 3(b) of the Considerations related to the conven­ cation should be approved. Act. The time for filing comments and ience and needs of the community to be On the basis of the record in this case, views has expired, and none have been served lend weight to approval of the the application is approved for the rea­ timely received. application. Applicant’s expertise in sons summarized above. However, the Applicant controls eight banks with mortgage and construction lending will transaction shall not be made (a) before deposits of $230.4 million, representing assist Bank in developing Bank’s pres­ the thirtieth calendar day following the 0.66 percent of total deposits in commer­ ently limited capability in this activity effective date of this Order or (b) later cial banks in the State of Texas, and and thus in better serving area customers than three months after the date of this Applicant is the nineteenth largest bank­ during a period of tremendous growth Order, unless such period is extended for ing organization in the state.1 Approval anticipated for the area. It is the judg­ good cause by the Federal Reserve Bank of the proposed acquisition would not ment of the Federal Reserve. Bank of of Atlanta pursuant to delegated au­ produce a significant increase in the con­ Dallas that the balance of statutory fac­ thority. centration of banking resources in Texas. tors favors approval and that the trans­ Bank is situated in Grand Prairie, action is in the public interest. By order of the Board of Governors,1 Texas, a suburban community bordering On the basis of the record as sum­ effective November 26,1973. Dallas, and is located within the Dallas marized above, the Federal Reserve Bank [seal] Chester B. F eldberg, RMA. Bank has deposits of $20.5 million, of Dallas approves the application, pro­ Secretary of the Board. a 0.27 percent share of market deposits, vided that the transaction shall not be [FR Doc.73-25596 Filed 12-3-73;8:45 am] and ranks 30th qf 99 banking organiza­ consummated (a) before the thirtieth tions in the Dallas market. Applicant calendar day following the date of this currently has two bank subsidiaries lo­ Order or (b) later than three months EXCHANGE BANCORPORATION, INC. cated in the Dallas market: Colonial Na­ after the date of this Order, unless such tional Bank in Garland, Garland, Texas, period is extended for good cause by the Acquisition of Bank and Bank of Lancaster, Lancaster, Texas, Board or by the Federal Reserve Bank Exchange Bancorporation, Inc., with total deposits of $18.2 million or of Dallas pursuant to delegated author­ Tampa, Florida, has applied for the 0.24 percent of the market. Approval of ity. Further, the transaction shall not Board’s approval under section 3(a)(3) this application would cause Applicant be consummated until there has been of the Bank Holding Company Act (12 to control 0.52 percent of deposits in the compliance with section 3(e) of the Act U.S.C. 1842(a) (3)) to acquire 99 percent Dallas RMA and 0.72 percent of state­ (12 U.S.C. 1842(e)) which requires that of the voting shares of The Exchange wide deposits. Applicant has also filed an every bank that is a holding company National Bank of Largo, Largo, Florida. application to acquire Texas National and every bank that is a subsidiary of The factors that are considered in acting Bank of Dallas, Dallas, Texas; approval such a company shall become and remain on the application are set forth in section of that application and the subject ap­ an insured bank as such term is defined 3(c) of the Act (12 U.S.C. 1842(c)) plication would cause Applicant to con­ in section 3(h) of the Federal Deposit The application may be Inspected at trol $258.5 million in statewide deposits, Insurance Act 412 U.S.C. 1813(h)). the office of the Board of Governors or at or 0.74 percent of such deposits. By order of the Federal Reserve Bank the Federal Reserve Bank of Atlanta. Approval of this application would of Dallas, acting pursuant to delegated Any persons wishing to comment on the have no significantly adverse effect on authority for the Board of Governors of application should submit his views in competition. The distances separating the Federal Reserve System, effective writing to the Reserve Bank, to be re­ Applicant’s subsidiaries within and with­ November 23,1973. ceived not later than December 18, 1973. out the Dallas market, the numbers of [seal] R obert S mith HI, Board of Governors of the Federal Re­ banks in intervening areas, the large Assistant Secretary. serve System, November 26,1973. number of bank alternatives within the Dallas market, and Texas’ prohibition of [FR Doc.73-25593 Filed 12-3-73;8:45 am] [seal] Theodore E. Allison, branch banking effectively eliminate the Assistant Secretary of the Board. possibility of significant present competi­ FIRST SECURITY NATIONAL CORP. [FR Doc.73-25597 Filed 12-3-73;8:45 am] tion between any of the involved banks and make it unlikely that such conditions Order Approving Acquisition of Bank will develop in the future. Bank and First Security National Corporation, FIRST SECURITY NATIONAL CORP. Texas National Bank of Dallas are lo­ Beaumont, Texas, a bank holding com­ Order Approving Acquisition of Bank cated some 13 miles apart and have sep­ pany within the meaning of the Bank arate and distinct service areas. These Holding Company Act, has applied for First Security National Corporation, conditions, coupled with the fact that the Board’s approval under section 3(a) Beaumont, Texas, a bank holding com­ both Bank and Texas National Bank of (3) of the Act (12 U.S.C. 1842(a) (3) ) to pany within the meaning of the Bank Dallas are retail banks, negate the exist­ acquire all of the voting shares (less di­ Holding Company Act, has applied for ence of significant competition between rectors’ qualifying shares) of the suc­ the Board’s approval under section 3(a) the two and would prevent any appre­ cessor by merger to Texas National Bank (3) of the Act (12 U.S.C. 1842(a) (3)) to ciable effect on future competition be­ in Dallas, Dallas, Texas (Bank). The acquire all of the voting shares (less di­ tween the two. The proposed transaction bank into which Bank is to be merged rectors’ qualifying shares) of the succes­ will cause no significant increase in Ap­ has no significance except as a means to sor by merger to First National Bank in plicant’s relatively small share of market facilitate the acquisition of the voting Grand Prairie, Grand Prairie, Texas deposits but could increase Applicant’s shares of Bank. Accordingly, the pro­ (Bank). The bank into which Bank is to ability to compete with the larger hold­ posed acquisition of the successor orga­ be merged has no significance except as ing companies both in the highly con­ nization is treated herein as the proposed a means to facilitate the acquisition of centrated Dallas market and at the state­ acquisition of the shares of Bank. the voting shares of Bank. Accordingly, wide level. Notice of the application, affording op­ the proposed acquisition of the successor The financial and managerial re­ portunity for interested persons to sub­ organization is treated herein as the pro­ mit comments and views, has been given posed acquisition of the shares of Bank. sources and future prospects of Appli­ cant, its subsidiary banks, and Bank are in accordance with section 3(b) of the Notice of the application, affording op­ regarded as satisfactory and consistent Act. The time for filing comments and portunity for interested persons to sub­ with approval. views has expired, and none have been mit comments and views, has been given timely received. 1 All deposit figures are as of December 31, Applicant controls eight banks with 1 Voting for this action: Governors Daane, 1972, and bank bolding company statistics deposits of $230.4 million, representing Sheehan, Bucher, and Holland. Absent and reflect acquisitions and formations approved 0.66 percent of total deposits in commer­ not voting: Chairman Burns and Governors by tbe Board of Governors to the date of cial banks in the State of Texas, and Mitchell and Brimmer. July 15, 1973. * Applicant is the nineteenth largest bank-

FEDERAL REGISTER. VO L 38, NO. 232— TUESDAY, DECEMBER 4, 1973 NOTICES 33419 ing organization in the State.1 Approval plicant will also increase banking hours. versely affecting Bank’s capital struc­ of the proposed acquisition would not It is the judgment of the Federal Reserve ture. These considerations are consistent produce a significant increase in the con­ Bank of Dallas that the balance of the with approval of the application. centration of banking resources in the statutory factors favor approval and that Bank is the only bank in the South State. the transaction is in the public interest. Shore community of Chicago, and is lo­ Bank is situated in Dallas, Texas, with­ On the basis of the record as summar­ cated approximately eight miles south in the market area approximated by the ized above, the Federal Reserve Bank of of Chicago’s Loop. The community has Dallas RMA. Bank has deposits of $7.6 Dallas approves the application, pro­ recently undergone significant economic minion, representing a 0.1 percent share vided that the transaction shall not be transition resulting in a decrease in the of market deposits, and ranks 70th of 99 consummated (a) before the thirtieth median income in South Shore relative banking organizations in the Dallas mar­ calendar day following the date of this to the City-wide median. As a result, ket. Applicant currently has two bank­ Order or (b) later than three months Bank’s deposits have declined approxi­ ing subsidiaries located within the Dallas after the date of this Order, unless such mately 31 percent since 1968. This de­ market: Colonial National Bank in Gar­ period is extended for good cause by the cline has inhibited Bank’s ability to grant land, Garland, Texas, and Bank of Lan­ Board or by the Federal Reserve Bank of credit in the local community; and the caster, Lancaster, Texas, together hold­ Dallas pursuant to delegated authority. dollar amount of Bank’s loans to local ing deposits of $18.2 million or 0.24 Further, the transaction shall not be con­ borrowers has, accordingly, declined. percent of the market. Approval of this summated until there has been compli­ Partly for these reasons, Bank, in May application will cause Applicant to con­ ance with section 3(e) of the Act (12 1972, sought regulatory approval to relo­ trol 0.34 percent of the deposits in the U.S.C. 1842(e)) which requires that cate its only office to a site within Chi­ Dallas RMA and 0.68 percent of state­ every bank that is a holding company cago’s Loop. After two public hearings wide deposits. Applicant has also filed and every bank that is a subsidiary of and significant opposition by South Shore an application to acquire First National such a company shall become and re­ citizens, the Comptroller of the Currency Bank in Grand Prairie, Grand Prairie, main an insured bank as such term is disapproved relocation because, inter Texas; approval of that application and defined in Section 3(h) of the Federal alia, “South Shore National Bank has the subject application will cause Appli­ Deposit Insurance Act (12 U.S.C. failed to show persuasive reason at this cant to control $258.5 million in state­ 1813(h)). time for abandoning its present service wide deposits, or 0.74 percent of all state­ By order of the Federal Reserve Bank area and leaving the South Shore com­ wide deposits. of Dallas, acting pursuant to delegated munity without a strong, established Approval of this application would authority for the Board of Governors of and adequately capitalized commercial have no significantly adverse effect on the Federal Reserve System, effective bank.” competition. The distances separating November 23, 1973. Bank, under new management, has now committed itself to community re­ Bank from Applicant’s other banking [seal] R obert S mith III, subsidiaries, the large numbers of banks Assistant Secretary. newal and intends to reverse the out­ in intervening areas, and Texas’ prohi­ flow of deposits by involving itself in bition of branch banking effectively [FR Doc.73-25594 Filed 12-3-73;8:46 am] community affairs. Bank’s present man­ eliminate the possibility of significant agement has had previous experience in present competition between Bank and the area of community renewal and any of Applicant’s subsidiaries and make ILLINOIS NEIGHBORHOOD appears competent to undertake such a future development of such conditions DEVELOPMENT CORP. project. In view of the flexibility afforded very unlikely. Bank and First National Order Approving Formation of a Bank by the holding company structure and Bank of Grand Prairie are located some Holding Company Applicant’s commitment to operate 13 miles apart and have separate and Bank in a manner that is both prudent Illinois Neighborhood Development and responsive to the needs of the South distinct service areas. These conditions, Corporation, Chicago, Illinois, has ap­ coupled with the fact that both Bank and Shore community, Applicant and Bank plied for the Board’s approval under sec­ should be able to expand and improve First National Bank of Grand Prairie are tion 3(a) (1) of the Bank Holding Com­ retail banks, negate the existence of sig­ their services in the future. Accordingly, nificant competition between the two and pany Act (12 U.S.C. 1842(a) (1)) of for­ considerations relating to the financial would prevent any appreciable effect on mation of a bank holding company and managerial resources and future future competition between the two. Ap­ through acquisition of 80 percent or more prospects of Bank weigh toward approval proval will cause no significant increase of the voting shares of The South Shore of the application. Considerations relat­ National Bank of Chicago, Chicago, Illi­ ing to the convenience and needs of the in Applicant’s small share of market de­ nois (Bank). posits, and Bank’s small size effectively communities to be served also weigh in negates its potential as a lead bank of a Notice of the receipt of the applica­ favor of approval of the application. It holding company. A large number of tion, affording opportunity for interested is the Board’s judgment that the trans­ banking alternatives remain in the mar­ persons to submit comments and views, action would be in the public interest ket. The proposed transaction could also has been given in accordance with sec­ and that the application should be increase Applicant’s ability to compete tion 3(b) of the Act. The time for filing approved. with the larger holding companies both comments# and views has expired and On the basis of the record, the applica­ in the highly concentrated Dallas market none has been timely received. The Board tion is approved for the reasons sum­ and at the statewide level. has considered the application in light marized above. The transaction shall not of the factors set forth in section 3(c) be made (a) before the thirtieth calen­ The financial and managerial re­ of the Act (12 U.S.C. 1842(c)). dar day following the effective date of sources and future prospects of Appli­ Applicant is a non-operating corpora­ this Order or (b) later than three months cant, its subsidiary banks, and Bank are tion formed for the purpose of acquiring after the effective date of this Order un­ regarded as satisfactory and consistent Bank, which has aggregate deposits of less such period is extended for good with approval. Considerations related to approximately $47.8 million. (All bank­ cause by the Board or by the Federal the convenience and needs of the com­ ing data are as of December 31, 1972.) Reserve Bank of Chicago pursuant to munity to be served lend weight to ap­ Since Applicant has no present opera­ delegated authority. proval of the application. Applicant will tions or subsidiaries, consummation of make available to Bank its expertise in the proposal would not adversely affect By order of the Board of Governors,1 mortgage and construction lending and existing or potential competition or have effective November 26, 1973. enable Bank to better serve area cus­ an adverse effect on any bank in the [seal] Chester B. F eldberg, tomers with regard to this activity. Ap- area. Secretary of the Board. Applicant’s financial resources and fu­ [FR Doc.73-25595 Filed 12-3-73;8:45 am] 1AU deposit figures are as of December 31, ture prospects are dependent upon those 1972, and bank holding company statistics of Bank. Applicant’s projected earnings 1 Voting for this action: Governors Daane, reflect acquisitions and formations approved appear to be sufficient to service the debt Sheehan, Bucher, and Holland. Absent and by the Board of Governors to the date of which it will incur upon consummation not voting: Chairman Burns and Governors July 15f 1973. of the proposed transaction without ad­ Mitchell and Brimmer.

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33420 NOTICES

?RBANCO, INC. [Federal Property Management Regs.; GENERAL SERVICES Temporary Reg. F-200] Acquisition of Bank ADMINISTRATION SECRETARY OF DEFENSE Orbanco, Inc., Portland, Oregon, has [Federal Property Management Regs.; applied for the Board’s approval under Temporary Reg. G-13] Delegation of Authority section 3(a) (3) of the Bank Holding 1. Purpose. This regulation delegates Company Act (12 U.S.C. 1842(a)(3)) to REDUCTION IN FUEL CONSUMED BY SE­ DANS, STATION WAGONS, AND TRUCKS authority to the Secretary of Defense to acquire 53.5 percent or more of the vot­ IN TH E INTERAGENCY MOTOR POOL represent the consumer interests of the ing shares of Security Bank of Oregon, SYSTEM executive agencies of the Federal Gov­ Portland, Oregon. The factors that are ernment in an electric rate proceeding. considered in acting on the application Policies and Procedures 2. Effective date. This regulation is ef­ are set forth in section 3(c) of the Act fective immediately. (12 U.S.C. 1842(c)). Correction 3. Delegation. The application may be inspected at In FR Doc. 73-25513, appearing at page a. Pursuant to the authority vested in the office of the Board of Governors or 32976 in the issue of Thursday, Novem­ me by the Federal Property and Admin­ at the Federal Reserve Bank of San ber 29, 1973, the phone number in para­ istrative Services Act of 1949, 63 Stat. Francisco. Any person wishing to com- 377, as amended, particularly sections ment on the application should submit graph 9 in the 2d column of page 32977 201(a)(4) and 205(d) (40 U.S.C. 481(a) his views in writing to the Secretary, should read as follows: (4) and 486(d)), authority is delegated Board of Governors of the Federal Re­ “(703) 557-3075.” to the Secretary of Defense to represent serve System, Washington, D.C. 20551, the consumer interests of the executive to be received not later than Decem­ agencies of the Federal Government be­ ber 23,1973. [Federal Property Management Regs.; fore the North Carolina Utilities Com­ Board of Governors of the Federal Re­ Temporary Reg. F-199] mission in a proceeding (Docket No. E-2, serve System, November 26,1973. SECRETARY OF DEFENSE Sub 229) involving the application of the Carolina Power and Light Company for [seal] T heodore E. Allison, Delegation of Authority electric rate increases. Assistant Secretary of the Board. 1. Purpose. This regulation delegates b. The Secretary of Defense may re­ [FR Doc.73-25598 Filed 12-3-73;8:45 ami authority to the Secretary of Defense to delegate this authority to any officer, of­ ficial, or employee of the Department of represent the consumer interests of the Defense. INTERIM BANK OF OXFORD executive agencies of the Federal Gov­ c. This authority shall be exercised in Order Approving Application for Merger of ernment in a natural gas rate proceeding. accordance with the policies, procedures, Banks 2. Effective date. This regulation is ef^ and controls prescribed by the General The Interim Bank of Oxford, Oxford, fective immediately. Services Administration, and, further, shall be exercised in cooperation with the Alabama, a proposed state member bank 3. Delegation. of the Federal Reserve System, has ap­ responsible officers, officials, and employ­ plied for the Board’s approval, pursuant a. Pursuant to the authority vested in ees thereof. to the Bank Merger Act (12 U.S.C. 1828 me by the Federal Property and Admin­ Dated: November 28,1973. (c) ), to acquire the assets and assume istrative Services Act of 1949, 63 Stat. the liabilities of the First State Bank of Arthur F. Sampson, 377, as amended, particularly sections Administrator of Oxford, Oxford, Alabama ^deposits of 201(a) (4) and 205(d) (40 U.S.C. 481(a) $15.5 million as of June 30, 1973) under General Services. the charter of Interim Bank and the (4) and 486(d)), authority is delegated [FR Doc.73-25618 Filed 12-3-73;8:45 am] name of Oxford Bank. to the Secretary of Defense to represent As required by the Act, notice of the the interests of the executive agencies of proposed merger, in form approved by the Federal Government before the Fed­ SPECIAL STUDY COMMITTEE ON THE the Board, has been published, and the eral Power Commission in a proceeding SELECTION OF ARCHITECTS AND ENGI­ NEERS Federal Reserve Bank of Atlanta has re­ (FPC Docket RP74-25) involving the ap­ quested reports on competitive factors Notice of Meeting from the Attorney General, the Comp­ plication of the Texas Gas Transmission troller of the Currency, and the Federal Corporation for an increase in natural Pursuant to Pub. L. 92-463, notice is Deposit Insurance Corporation. The gas rates. hereby given of the meeting of the Spe­ cial Study Committee-on the Selection Board has considered the application in b. The Secretary of Defense may re­ of Architects and Engineers, December light of thei factors set forth in the Act. delegate this authority to any officer, of­ On the basis of the record, the appli­ 10,1973, at 10:00 a.m. in Room 2010, New cation is approved for the reasons sum­ ficial, or employee of the Department of Executive Office Building, 17th & H marized in the Board’s order of this date Defense. Streets NW., Washington, D.C. relating to the application of Central c. This authority shall be exercised in The purpose of the meeting is to take Bancshares of the South, Inc., to acquire accordance with the policies, procedures, the initial steps in a study of systems for the successor by merger to The First and controls prescribed by the General the selecting of architectural and engi­ neering firms in order to recommend to State Bank of Oxford, Oxford, Alabama, Services Administration, and, further, provided that said merger shall not be the Administrator of General Services a shall be exercised in cooperation with the made (a) before the thirtieth calendar process to be used by the General Services responsible officers, officials, and employ­ day following the date of this order or Administration for the selection of archi­ ees thereof. tects and engineers to receive GSA archi­ (b) later than three months after the tectural and engineering contracts. Dated: November 28,1973. date of this order, unless such period is The meeting will be open to the public. extended for good cause by the Board Arthur F. Sampson, Interested persons wishing to attend the or by the Federal Reserve Bank of At­ Administrator of meeting should telephone 202-343-7221 lanta pursuant to delegated authority. General Services. by close of business Friday, December 7, By order of the Board of Governors,1 [FR Doc.73-25617 Filed 12-3-73;8:45 am] 1973. effective November 26, 1973. Dated: December 3, 1973. [seal] Chester B. F eldberg, 1 Voting for this action: Governors Daane, Allan G. Kaupinen, Sheehan, Bucher, and Holland. Absent and Secretary of the Board. not voting: Chairman Burns and Governors Assistant Administrator. [FR Doc.73-25615 Filed 12-3-73:8:45 am] Mitchell and Brimmer. [FR Doc.73-25831 Filed 12-3-73; 10:32 am]

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 NOTICES 33421

NATIONAL FOUNDATION ON THE cordance with the determination of the on December 6 and 7, 1973, in Room 545 ARTS AND THE HUMANITIES Chairman published in the Federal R eg­ at 1800 G Street NW., Washington, D.C. ister of January 10, 1973, these sessions, 20550. MUSIC ADVISORY PANEL which involve matters exempt from the The purpose of this Committee is to Notice of Meeting requirements of public disclosure under provide advice and recommendations to the provisions of the Freedom of Infor­ the National Science Foundation con­ Pursuant to section 10(a)(2) of the mation Act (5 U.S.C. 552(b) (4), (5), and cerning planning, evaluation, and policy Federal Advisory Committee Act (Pub. L. (6) ), will not be open to the public. study activities within NSF; and the im­ 92-463), notice is hereby given that a Further information with reference to pact of actual and proposed Foundation meeting of the Music Advisory Panel to this meeting can be obtained from Mrs. programs on the effectiveness and in­ the National Council on the Arts will be Luna Diamond, Advisory Committee tegrity of academic and other insti­ held at 9:30 a.m. on December 11, 1973, Management Officer, National Endow­ tutions performing research, viewed as 9:30 a.m. December 12, 1973, and 9:30 ment for the Arts, Washington, D.C. a whole. a.m. on December 13, 1973 in the 8th 20506, or call 202-382-5871. The agenda for this meeting shall in­ floor Conference Room in the McPherson clude : J oyce F reeland, Building, 1425 K Street NW., Washing­ D e c e m b e r 6 ton, D.C. Acting Director of Administra­ tion, National Foundation on 9:00 Opening remarks, Committee Chair­ A portion of this meeting will be open man. to the public on December 11 from 9:30 the Arts and the Humanities. 9:30 NSF staff discussion of planning is­ a.m. to 12:00 p.m. on a space available [FR Doc.73-25587 Filed 12-3-73:8:45 am] sues and responses to previous basis. Accommodations are limited. The Committee reports, Assistant Direc­ tor for Administration. remaining sessions of this meeting on NORTH ATLANTIC REGIONAL December 11, 12, and 13 arë for the pur­ 10:30 Coffee break. MANPOWER ADVISORY COMMITTEE 10:45 Discussion of Research Applied to Na­ pose of Panel review, discussion, evalua­ tional Needs, Assistant Director for tion, and recommendation on applica­ NOTICE OF MEETING Research Applications. tions for financial assistance under the The North Atlantic Regional Man­ 11:15 Selection of study topics, Committee National Foundation on the Arts and the power Advisory Committee will hold its members and staff. Humanities Act of 1965, as amended, in­ 12:30 Recess for lunch. cluding discussion of information given 6th meeting on January 20-22,1974. Ap­ 1:30 Recess of fuU committee; unassen^ in confidence to the agency by grant ap­ pointed by the Secretary of Labor, the bled session for informal work on plicants. In accordance with the deter­ Committee makes recommendations to study topics, Committee members. mination of the Chairman published in the United States Departments of Labor 5:00 Adjournment. and Health, Education, and Welfare and D e c e m b e r 7 the Federal R egister of January 10,1973, to the National Manpower Advisory these sessions, which involve matters 9:00 Continuation of unassembled session exempt from the requirements of public Committee relative to the operation of for informal work on study topics, disclosure under the provisions of the manpower and manpower-related pro­ Committee members. Freedom of Information Act (5 U.S.C. grams. Members of the Committee are 3:30 Progress report on study topics, Com­ 552(b) (4), )5), and (6 ) ) ,'will not be chosen from representatives of labor, mittee Chairman and Committee management, agriculture, education, members. . open to the public. training and the public at large. The 4:30 Public discussion. Further information with reference to chairman is Dr. Joseph R. Cammarosano 5:00 Adjournment. this meeting can be obtained from Mrs. of Fordham University. This meeting shall be open to the pub­ Luna Diamond, Advisory Committee At this meeting the North Atlantic Management Officer, National Endow­ lic. Individuals who wish to attend Regional Manpower Advisory Committee should inform Mrs. Mary L. Parramore, ment for the Arts, Washington, D.C. will review the problems encountered in 20506, or call 202-382-5871. Executive Assistant, Office of Budget, Puerto Rico in expanding employment Programming, and Planning Analysis J oyce F reeland, opportunities through economic devel­ (202-632-4050) prior to the meeting. Per­ Acting Director of Administra­ opment and through the various man­ sons requiring further information con­ tion, National Foundation on power and educational programs. It will cerning this Committee should contact the Arts and the Humanities. also analyze the prospective decentral­ Mrs. Mary L. Parramore, Executive As­ [FR Doc.73-25586 Filed 12-3-73:8:45 am] ization of the planning and operation of sistant, Office of Budget, Programming, manpower programs through operational and Planning Analysis, Room 426, 1800 planning grants and a Comprehensive G Street NW., Washington, D.C. 20550. FEDERAL GRAPHICS ADVISORY PANEL Manpower Program (CMP) pilot study. Summary minutes relative to this meet­ Notice of Meeting The meeting will be held in the Gover­ ing may be obtained from the Manage­ nor^ Room at the Hyatt-Puerto Rico in ment Analysis Office, Room K-720, 1880 Pursuant to section 10(a)(2) of the San Juan, Puerto Rico and will be open G Street NW., Washington, D.C. 20550. Federal Advisory Committee Act (Pub^L. to the public. 92-463), notice is hereby given that a T. E. J enkins, meeting of the Music Advisory Panel to Signed in New York City this 20th day Assistant Director the National Council on. the Arts will be of November 1973. - for Administration. held at 9:00 a.m. on December 7, 1973, Edward W. Aponte, N ovember 30, 1973. in Room 1100, Shoreham Building, 806 Assistant Regional Director [FR Doc.73-25804 Filed 12-3-73;9:27 am] 15th Street, Washington, D.C., NW. for Manpower. A portion of this meeting will be open to the public oh December 7 from 9:00 IFR Doc.73-25606 Filed 12-3-73;8:45 ami RAILROAD RETIREMENT BOARD a.m. to 12:00 p.m. on a space available RAILROAD RETIREMENT basis. Accommodations are limited. The NATIONAL SCIENCE FOUNDATION SUPPLEMENTAL ANNUITY PROGRAM remaining session of this meeting on De­ ADVISORY COMMITTEE FOR PLANNING Determination of Quarterly Rate of Excise cember 7 is for the purpose of Panel re­ AND INSTITUTIONAL AFFAIRS view, discussion, evaluation, and recom­ Tax mendation on applications for financial Notice of Meeting In accordance with directions in sec­ assistance under the National Founda­ Pursuant to the Federal Advisory Com­ tion 3221(c) of the Railroad Retirement tion on the Arts and the Humanities Act mittee Act (Pub. L. 92-463), notice is Tax Act (26 U.S.C. § 3221(c) ) as amend­ of 1965, as amended, including discus­ hereby given of a meeting of the Advi­ ed by section 5(a) of Pub. L. 91-215, the sion of information given in confidence sory Committee for Planning and Insti­ Railroad Retirement Board has deter­ to the agency by grant applicants. In ac­ tutional Affairs to be convened at 9 a.m. mined that the excise tax imposed by

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33422 NOTICES such section 3221(c) on every employer, competitive with one-speed bicycle hubs be available for statements by members with respect to having individuals in his incorporating coaster brakes (of the type of the public. Those wishing to make an employ, for each man-hour for which provided for in item 732.36 of the Tariff oral statement should inform the chair­ compensation is paid by such employer Schedules of the United States) pro­ man in writing prior to the meeting. In­ for services rendered to him during the duced by said firm are being imported terested persons may file a written state­ quarter beginning January 1, 1974, shall into the United States in such increased ment with the board for its considera­ be at the rate of seven and one-half quantities as to cause, or threaten to tion. They should be submitted to: cents. cause, the unemployment or underem­ Chairman, District Advisory Board, c/o ployment of a significant number or pro­ Bureau of Land Management, P.O. Box Dated: November 26,1973. portion of the workers of such firm or 729, Cedar City, Utah 84720. By Authority of the Board, an appropriate subdivision thereof. The optional public hearing afforded Harold E. Isaacson, [seal] R. F. B utler, District Manager. Secretary of the Board. by law has not been requested by the petitioners. Any other party showing a [FR Doc.73-25588 Filed 12-3-73;8:45 am] [FR Doc.73-25591 Filed 12-3-73;8:45 am] proper interest in the subject matter of the investigation may request a hear­ [Serial No. 1-06620] SMALL BUSINESS ADMINISTRATION ing, provided such request is filed by IDAHO [License No. 06/10-0013] December 14, 1973. The petition filed in this case is avail­ Notice of Partial Termination of Proposed FIRST TEXAS INVESTMENT CO. able for inspection at the Office of the Withdrawal and Reservation of Lands Secretary, United States Tariff Com­ Notice of Approval for Transfer of Control N ovember 26,1973. of a Small Business Investment Company mission, 8th and E Streets NW., Wash­ ington, D.C., and at the New York City Notice of an application of the Bureau On November 2, 1973, a notice for re­ office of the Tariff Commission located of Sport Fisheries and Wildlife, Serial quest for approval for transfer of control in Room 437 of the Customhouse. No. 1-06620, for withdrawal and reser­ was published in the F ederal R egister vation of lands, was published as Fed­ (38 PR 30307) stating that an applica­ Issued: November 28,1973. eral R egister Document No. 55-10240 of tion has been filed with the Small Busi­ By order of the Commission. the issue for December 22, 1955. The ap­ ness Administration (SBA) pursuant to plicant agency has cancelled its applica­ [seal] K enneth R. Mason, tion insofar as it involved the lands de­ § 107.701 of the regulations governing Secretary. Small Business Investment Companies scribed below. Therefore, pursuant to the (38 PR 30842, November 7, 1973) for the [FR Doc.73-25603 Filed 12-3-73;8:45 am] regulations contained in 43 CFR Part transfer of control of First Texas Invest­ 2350, such lands will be, at 10:00 a m. on January 14, 1974, relieved of the segre-. ment Company, 506 Nebraska Street, [337—L-50] South Houston, Texas 77587, a Federal gative effect of the above mentioned ap­ licensee under the Small Business Invest­ COMBINATION MEASURING TOOLS plication. ment Act of 1958, as amended (the Act) Notice of Dismissal of Preliminary Inquiry The lands involved in this notice of termination are: (15 U.S.C. 661 et seq.h On the basis of the submissions made Kingsway Finance Corporation will to the Commission by interested par­ B o is e M e r id ia n , I daho own 100 percent of the issued and out­ ties, the Tariff Commission on Novem­ T. 11 N., R.12 E., standing stock and the offices will be ber 20, 1973, dismissed preliminary in­ Sec. 3, SW]4; moved to 13025 Champions Drive, Hous­ quiry 337-L-50 without a determination Sec. 4, Lot 2, S^NEi/4, NE%SE}4; ton, Texas 77069. on its merits; notice of the receipt of the in lAto 1 o A* Sec. 11, Sy2 NWi4, Ei/aSWi/4, SW&SW^, Interested persons were given 15 days complaint was published in the Federal wy2 SEi4 , SE1 4 SE1 4 ; to submit written comments to SBA. R egister of June 1, 1972 (37 FR 11003). Notice is hereby given that, having Sec. 12, SW&SW%; Issued: November 28,1973. Sec. 13, E^W ^.NW ^N W ii; considered the application and all other Sec. 14, Lot 3, NW&NW^; pertinent information, SBA has approved By order of the Commission. Sec. 15, Ny2 NE%; this application for transfer of control. Sec. 24,E y2 W y2, SW lASEy4; [seal] K enneth R. Mason, Sec. 26, W%Ey2; Dated: November 21,1973. Secretary. Sec. 36, NE ]/4. James T homas P helan, [FR Doc.73-25604 Filed 12-3-73;8:45 am] T. 12 N., R. 12 E., Deputy Associate Administrator sec. 2 7 , sy 2 Nwi4 , wy2 sw%; for Investment. Sec. 28, SE14SE14; DEPARTMENT OF THE INTERIOR Sec. 33, NE1 4 , SE1 4 NW1 4 , W ^SE^. [FR Doc.73—25590 Filed 12-3-73;8:45 am] T. 7 N., R. 13 E., Bureau of Land Management Sec. 25, Ey2 NEi4, NE%SE%. CEDAR CITY DISTRICT ADVISORY BOARD T. 8 N., R. 13 E., TARIFF COMMISSION Sec. 36, Ny2, Ny2 S ^ . [TEA—W—218] Notice of Meeting T. 9 N., R. 13 E., (protracted) Sec. 1, Ey2; BENDIX CORP. Notice is hereby given that the Cedar Sec. 2 , NWi4, Ny2 sw»4 , s w ^ s w ^ ; Workers' Petition for a Determination; City District Advisory Board will hold Sec. 3, Ei/2, Ey2 NW%, SWI/4 NW1/4 , SW^J Notice of Investigation its regular meeting on January 10, 1974, Sec. 4, SE^4SE^4; at 9:00 a.m., at the Cedar City District Sec. 9, Ei/2 E%; On the basis of a petition filed under Office, 154 North Main, Cedar City, Utah. Sec. 10, All; section 301(a)(2) of the Trade Expan­ The agenda will include considering and Sec. 12, NE^NE^; sion Act of 1962, on behalf of the former recommending action on the following: Sec. 15, W14Ey2, Wt4; Sec. 16, Ey2, SW»4; workers of the Elmira Heights Plant, (1) Reorganization of the Board, (2) Sec. 17, SEi4SE%; Elmira, New York, of the Motor Com­ reprecincting the district, (3) grazing Sec. 20, Ey2NEy4, NE^SE^; ponents Division of the Bendix Corp., applications for the 1974 season, (4) Sec. 21, Ni/z.SWyt; Southfield, Michigan, the United States grazing transfers, (5) status of the wild Sec. 22, NW^NW}4. Tariff Commission, on November 27, horse and burro program, and (6) future T. ION., R. 13 E.; 1973, instituted an investigation under management of domestic horses that Sec. 6 , Lots 1 and 2; section 301(c)(2) of the Act to deter­ graze the same ranges as wild horses and Sec. 22, W1 4 NE1 4 , E^NW1^, NE&SW^, NW % SE %, sy2 SEy4; mine whether, as a result in major part burros. Sec. 23, SW]4, SW%SE%; of concessions granted under trade The meeting will be open to the public sec. 2 5 , sy2NWi4, n ^ s w ^ , w y2SEy4; agreements, articles like or directly as far as seating is available. Time will Sec. 26, NE1 4 , SW14, wy2 SEi4;

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 NOTICES 3 3 4 2 3

Sec. 34, Si/2 SE%; also undertake negotiations with the ap­ 114, Wayne Aspinall Federal Building, Sec. 35, Wi/2 NEi,4, NyaNW&, SE&NW&, plicant agency with the view of adjusting Grand Junction, Colorado. sy2swy4, wy2sEi4; the application to reduce the area to the The agenda for the meeting will be the Sec. 36, Ey2. T. 11 N., B. 13 E., minimum essential to meet the appli­ election of officers, consideration of graz­ Sec. 31, SW ^N W 1/«, SWi/4 , 6 W $ S t£ . cant’s needs, to provide for the maximum ing applications, base property transfers, T. 7 N., B. 14 E., concurrent utilization of the lands for exchange of use applications and licenses, Sec. 4, SW%SW%; purposes other than the applicant’s, to range line agreements, proposed rule Sec. 5, Ei/2 NE%, NE&NW&, Ny2 SE^4, SE^ eliminate lands needed for purposes more making and any other items appropriate. SE^4; essential than the applicant’s, and to The meeting will be open to the public. Sec. 9, NW*4, Wy2 SWi/4; reach agreement on the concurrent man­ Those members of the public wishing to sec. 16, wy2 NW%, Nwy4 sw y4; make an oral statement should advise the Sec. 17, SE*4; agement of the lands and their resources. Sec. 19, NE&, Sy2; He will also prepare a report for con­ Co-Chairman prior to the meeting to aid sec. 2 0 , ni/2, s w %, n ^ s e ^ , swy4 SEy4 ; sideration by the Secretary of the In­ in scheduling the time available. Any in­ Sec. 29, NWV4, NWy4SW ‘/4; terior who will determine whether or not terested person may file a written state­ Sec. 30,N^, Ni/2Sy2. the lands will be withdrawn as requested ment for consideration by the Board by 'T. 8 N., B. 14 E., by the Department of Agriculture. The sending it to the Co-Chairman, Grand Sec. 4, SWy4 NW%, wy^swyi; determination of the Secretary on the Junction District Manager, P.O. Box Sec. 5, NWy4NEi4, s y 2NE%, Ei/2SE%; application will be published in the F ed­ 1509, Grand Junction, Colorado 81501. Sec. 8 , Ey2 Ei/2; sec. 9, w y 2w y 2; eral R egister. A separate notice will be D ale R. Andrus, Sec. 17, NEy4, Ey2swy4, Wy2SE%; sent to each interested party of record. State Director. Sec. 20, N W ^ N E ^ , S y2 NE14 ,E i/ 2 SE %; If circumstances warrant it, a public sec. 2 1 , wy2 SEy4 , SE%swy4 ; hearing will be held at a convenient time [FB Doc.73-25631 Filed 12-3-73;8:45 am] Sec. 28, Ni/2, Ny2 SE i4, SE14 SE&; and place which will be announced. Sec. 29, NE^NE^, S%NE%, SE^SW ^, wy2SEy4; The lands involved in the application OUTER CONTINENTAL SHELF OFF Sec. 31,Ni/2,Ny2Sy2; are: SOUTH TEXAS S a l m o n N a tio n a l F o rest Sec. 32, Ey2 W^, NW^NW^. Call for Nominations of Areas for Oil and T. 9 N., B. 14 E., GTJNBARREL RESEARCH NATURAL AREA Gas Leasing Sec. 7, Ey2w y 2, NWy4NWV4, SW & SE ^; Sec. 18, Ei/2; Boise Meridian Pursuant to authority prescribed in 43 Sec., 19, Wy2 Ei^; T. 24 N., B. 14 E. (Protraction Diagram No. 40) CFR 3301.3 (1972), nominations of areas Sec. 30, wy2 Ey2, Ey.NWy4, SE^SE%; Sec. 23, s%; in the Outer Continental Shelf Offshore Sec. 31, Ey2 NEi4; Secs. 24, 25 and 26, All; South Texas are hereby requested for sec. 3 2 , wy2Nwy4 , SE1 4 NW1 4 , Ey2sw i4, SeC. 27, NE swi4SEy4. Sec. 35, N ^ N ^ . possible oil and gas leasing under the T. 24 N., B. 15 E. (Protraction Diagram No. 40) Outer Continental Shelf Lands Act (43 The areas described aggregate approx­ Sec. 24, SWy4; U.S.C. 1331-1343 (1970)). Nominations imately 13,360 acres in Blaine and Custer Sec. 25, NWÎ4. will be considered for any or all of the Counties, Idaho. following mapped areas offshore South All of the lands are within the Saw­ Metes and bounds description as Texas: tooth National Recreation Area and will follows: All that area shown on Outer Conti­ therefore be subject to such laws and Beginning at the confluence of Gun- nental Shelf—Texas leasing maps nos. 1, regulations applicable thereto. barrel Creek and the Salmon River in 1A, 2, 2A, 3, 3A and 4 (7 maps). Vincent S. S trobel, approximate latitude 45°24' N., longitude Official leasing maps in a set of 15 maps, Chief, 114°41' W.; including those enumerated above, and a Branch of L&M Operations. Thence southeasterly up Salmon River cover sheet may be purchased at $5.00 to the toe of the ridge being thé south per set from the Manager, Gulf of Mexico (PR Doc. 73-25583 Filed 12-3-73,’8:45 am] watershed divide of Gunbarrel Creek; Outer Continental Shelf Office, Bureau easterly and northeasterly along said of Land Management, Suite 3200, The [Serial No. 1-7297] watershed divide to a prominent point Plaza Tower, 1001 Howard Avenue, New at the head of Gunbarrel Creek in SWyt, Orleans, Louisiana 70113, or the Director, IDAHO Sec. 24, T. 24 N., R. 15 E; northwesterly Eastern States Office, 7981 Eastern Ave­ Notice of Proposed Withdrawal and and southwesterly along the divide be­ nue, Silver Spring, Maryland 20910. All Reservation of Lands tween Horse Creek on the north and nominations must be described in ac­ Gunbarrel Creek and unnamed drainage, cordance with Outer Continental Shelf N ovember 12,1973. on the south immediately west of Gun Leasing Maps prepared by the Bureau of The Department of Agriculture has triangulation station; southwesterly Land Management, Department of the filed an application, Serial Number I- along the west ridge of said unnamed Interior and referred to above. Only 7297, for the withdrawal of lands de­ drainage to the Salmon River; south­ whole blocks or properly described sub­ scribed below from all location and entry easterly along the Salmon River approxi­ divisions thereof, riot less than one- under the mining laws but not the min­ mately 50 chains to the mouth of Gun­ quarter of a block, may be nominated. eral leasing laws, subect to valid existing Nominations must be submitted not rights. barrel Creek, the place of beginning. later than January 31, 1974, in envelopes The applicant desires the land for a The area described aggregates 1,600.00 marked “Nominations of Tracts for Leas­ research natural area in the Salmon Na­ acres in Lemhi County, Idaho. ing in the Outer Continental Shelf— tional Forest. South Texas.’’ The nominations must be Until January 3, 1974, all persons who Vincent S. S trobel, submitted to the Director (Attn: 730), wish to submit comments, suggestions, or Chief, Bureau of Land Management, Washing­ objections in connection with the pro­ Branch of L&M Operations. ton, D.C. 20240. Cdpies of nominations posed withdrawal, may present their [FB Doc.73-25589 Filed 12-3-73; 8:45 am] must be sent to the Area Oil and Gas views in writing to the undersigned offi­ Supervisor, Geological Survey, Suite 336, cer of the Bureau of Land Management, Imperial Office Building, 3301 North Department of the Interior, Room 398 GRAND JUNCTION DISTRICT ADVISORY Causeway Boulevard, Metairie, Louisiana Federal Building, 550 W. Fort Street, P.O. BOARD 70002 and to the Manager, Gulf of Mex­ Box 042, Boise, Idaho 83724. Notice of Meeting ico Outer Continental Shelf Office at his The authorized officer of the Bureau of Notice is hereby given that the Grand address cited above. Land Management will undertake such Tracts will be selected for competitive investigations as are necessary to deter­ Junction District Advisory Board will bidding pursuant to established Depart­ mine the existing and potential demand hold a regular meeting December 13, mental procedures and only after com­ for the lands and their resources. He will 1973, beginning at 9:00 a.m., in Room pliance with all requirements of the Na-

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33424 NOTICES tional Environmental Policy Act of 1969 that a meeting of the Honokohau Study ments, memorials, and statues. It is to (42 U.S.C. 4321-4347 (1970)). This call Advisory Commission will be held from examine each memorial proposal for ade­ for nominations recognizes the potential 9:00 a.m. to 4:00 p.m., December 8, 1973, quacy and appropriateness, make rec- conflicts with military operations within at the Conference Room, Second Floor, mendations to the Secretary with respect the area. Careful consideration of these Gold Bond Building, 677 Ala Moana’ to site location on Federal land in the military operations will, therefore, be Boulevard, Honolulu, Hawaii. National Capital region and to serve as given in the* process of selecting tracts The Honokohau Study Advisory Com­ an information focal point for those for a potential sale. Notice of any tracts mission was established by Pub. L. 92-346 seeking to erect memorials on Federal selected for competitive bidding will be to provide advice to the Secretary of the land in the National Capital region. published in the F ederal R egister stating Interior on matters relating to the mak­ The members of the committee are as the conditions and terms for leasing and ing of a study of the feasibility and de­ follows: the place, date, and hour at which bids sirability of establishing as a part of the Mr. Ronald H. Walker (Chairman) will be received and opened. National Park System an area compris­ Director, National Park Service ing the site of Honokohau National His­ Washington, D.C. George L. Turcott, Associate Director, toric Landmark. Mr. George M. White Bureau of Land Management. The members of the Commission are as Architect of the Capitol follows: Washington, D.C. Approved: November 29,1973. Col. Arthur Chun (Chairman), Kailua-Kona General Mark W. Clark B rad E. Hainsworth, Ktenry Boshard, Kailua-Kona Chairman, American Battle Monuments Acting Assistant Secretary Nani Bowman, Honolulu * Commission of the Interior. Fred Cachola, Waianae Washington, D.C. Alika Cooper, Hilo Mr. J. Carter Brown [FR Doc.73-25660 Filed 12-3-73:8:45 am] Kenneth Emory, Honolulu Chairman, Fine Arts Commission Homer Hayes, Honolulu Washington, D.C. Kwai Wah Lee, Hilo Geological Survey Iolani Luahine, Kailua-Kona Mr. William H. Press George Naope, Hilo Chairman, National Capital Planning Com­ EARTHQUAKE STUDIES ADVISORY PANEL Abbie Napeshi, Hilo mission Notice of Public Meeting George Pinehaka, Captain Cook, Kona Washington, D.C. David Roy, Kailua-Kona Honorable Walter E. Washington Pursuant to Pub. L. 92-463, effective Pilipo Springer, Holualoa, Kona Mayor-Commissioner of the District of Co­ January 5, 1973, announcement is made Emily Thomas, Honolulu lumbia of a public meeting of the Geological The purpose of the meeting is to review Washington, D.C. Survey Earthquake Studies Advisory Mr. Larry F. Roush Panel to be held beginning at 9:00 a.m. alternatives for its report to the Secre­ Commissioner, Public Buildings Service on Friday, December 7, 1973, and con­ tary and drafts of report material. Washington, D.C. tinuing through Saturday, December 8, The meeting will be open to the pub­ ...... ; .. . 1973. The Advisory Panel will meet at the lic. Any person may file with the Com­ The purpose of this meeting is to dis­ Geological Survey Center Conference Fa­ mission a written statement concerning cuss sites for memorials to be erected in cility B, 345 Middlefield Road, Menlo the matters to be discussed. Anyone the Nation’s Capital. Among the sites to Park, CA. wanting further information concerning be considered are: the meeting, or who wishes to file writ­ 1. S.J. Res. 66—To authorize the erec­ (1) Purpose:, The Advisory Panel was ten statements, may ;■ contact Robert tion of a monument to the dead of the appointed to advise the Geological Sur­ Barrel, State Director, Hawaii, National First Infantry Division, United States vey on earthquake research plans and Park Service, 677 Ala Moana Boulevard, Forces in Vietnam. programs, which will be conducted in co­ Suite 512, Honolulu, Hawaii 96813. 2. H.J. Res. 338—To authorize a na­ operation with universities, industry, and tional memorial grove of trees dedicated Federal and State government agencies H Minutes of the meeting will be avail­ able' for public inspection four weeks to those Americans who died in the Indo­ in a coordinated national program for china War. earthquake research. after the meeting at the Office of the State Director, Hawaii, and the Regional The meeting will be open to the public. (2) Membership: The Advisory Panel Director, Western Region, National Park Any person may file with the committee is chaired by Dr. Frank Press and is com­ Service, 450 Golden Gate Avenue, Box a written statement concerning the mat­ posed of the following members: Dr, 36063, San Francisco, California 94102. ters to be discussed." Clarence R. Allen, Dr. Ray W. Clough, Persons who wish to file a written Jr., Dr. C. Martin Duke, Dr. Charles Fair- Dated: November 21,1973. statement or who want further inform a­ hurst, Dr. David T. Griggs, Dr. Richard Robert M. Landau, tion concerning the meeting may con­ H. Jahns, Dr. Leon Knopoff, Dr. F. Beach Liaison Officer, Advisory Com­ tact Richard L. Stanton, Assistant Direc­ Leighton, Rev. William V. Stauder, Prof. missions, National Park Serv­ tor, Cooperative Activities, National Karl V. Steinbrugge, and Dr. Robert V. ice. Capital Parks, at area code 202-426-6715. Whitman. [FR Doc.73-25620 Filed 12-3-73;8:45 am] Minutes of the meeting will be available (3) Agenda: Review of progress on de­ for public inspection two weeks a fte r the velopment of a national program of meeting at the Office of National Capital earthquake hazards reduction and for­ NATIONAL CAPITAL MEMORIAL ADVISORY Parks, Room 208, 1100 Ohio Drive, SW., mulation of long-range plans for earth­ COMMITTEE Washington, D.C. quake research. For more detailed information about Notice of Meeting Dated: November 28,1973. the meeting, please call Dr. Robert M. Notice is hereby given in accordance R obert M. Landau, Hamilton, Chief, Office of Earthquake with the Federal Advisory Committee Act Liaison Officer, Research and Crustal Studies (703) that a meeting of the National Capital Advisory’Commissions.. 860-6471. Memorial Advisory Committee will be [FR Doc.73-25621 Filed 1 2 - 3 - 7 3 ;8:45 am] V. E. McK elvey, held at 1:30 p.m. on Monday, Decem­ Director, U.S. Geological Survey. ber 10, 1973, in room 234 at the National GATEWAY NATIONAL RECREATION AREA [FR Doc.73-25616 Filed 12-3-73:8:45 am] Capital Parks Headquarters, 1100 Ohio ADVISORY COMMISSION Drive, SW., Washington, D.C. The committee was established for the Notice of Meeting National Park Service purpose of preparing and recommending Notice is hereby given in accordance HONOKOHAU STUDY ADVISORY to the Secretary broad criteria, guide­ with the Federal Advisory Committee Act COMMISSION lines, and policies for memorializing per­ that an organizational meeting of the sons and events on Federal lands in the Gateway National Recreation Area Ad­ Notice of Meeting National Capital region (as defined in the visory Commission will be held a t 10:00 Notice is hereby given in accordance National Capital Planning Act of 1952, as a.m. on December 11, 1973, in the Audi­ with the Federal Advisory Committee Act amended) through the media of monu­ torium at Federal Hall National Memo- FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 NOTICES 33425 rial, 26 Wall Street, New York, New York. tions to the previously published list are Illinois The Gateway National Recreation adopted as set out below. De Kalb County It is the responsibility of all Federal Area Advisory Commission was estab­ De Kalb, Glidden House, 917 West Lincoln lished by Pub. L. 92-592 to advise the agencies to take cognizance of the prop­ Highway (10-25-73). Secretary of the Interior on matters re­ erties included in the National Register lating to the development of the recrea­ as herein amended and revised in ac­ Ogle County tion area. cordance with section 106 of the National Rochelle, Flagg Township Public Library, Members of the Commission are as Historic Preservation Act of 1966,80 Stat. northeast corner of Seventh Street and follows: 915,16 U.S.C. 470. Fourth Avenue (10-25-73). The following properties have been Ogle County Hon. Alfred E. Driscoll, Haddonfield, New added to the National Register since No­ Jersey (Chairman) Rochelle, Holcomb, William H., House, 526 Mr. Alexander Aldrich, Brooklyn, New York vember 6: North Seventh Street (10-25-73). Mr. Chester Apy, Little Silver, New Jersey Alabama Pope County Mr. Donald H. Elliott, Brooklyn, New York Clay County Mrs. Marian S. Heiskell, New York, New York Glendale vicinity, Millstone Bluff, northwest Mr. Gustav Heningburg, Newark, New Jersey Ashland, Black, Hugo, House, South Second of Glendale off Illinois 145 in Shawnee Na­ Mr. Ernest W. Lass, Interlaken, New Jersey Street East (Ala. 77) (10-9-73). tional Forest (10-15-73). Mr. Edward H. Tuck, New York, New York California Rev. Horace Tyler, Brooklyn, New York Indiana Mr. Nathaniel Washington, Philadelphia, Pa. Napa County Marshall County Hon. Joseph B. Williams, Brooklyn, New York Napa, Behlow Building, Second and Brown Plymouth, Marshall County Jail, 601 North The purpose of the meeting is to re­ Streets (10-25-73). Center Street (10-25-73) . ceive an orientation report on activities Napa, Napa Opera House, 1018-1030 Main relating to the Gateway National Rec­ Street (10-25-73). Switzerland County reation Area, and to attend to organiza­ Nevada County Vevay, Eggleston, Edward and George Cary, tional requirements for members of the Nevada City, National Exchange Hotel (Bick- House, 306 West Main Street (10-15-73). Commission. nell’s Block), 211 Broad Street (10-25-73). Union County The meeting will be open to the public. San Diego County Brownsville, Brownsville Covered Bridge, However, space and facilities are limited spans east fork of Whitewater River off and it is expected that not more than 30 National City, St. Matthew’s Episcopal Indiana 44 (10-15-73). people will be able to attend the meeting, Church, 521 East Eighth Street (10-25-73). in addition to the members of the Com­ Santa Clara County Vanderburgh County mission and National Park Service staff. Alviso, Alviso, Port of, Historic District, Evansville, Reitz, John Augustus, House, 224 Any person may file with the Commis­ bounded roughly by an arm of Alviso Southeast First Street (10-15-73). sion a written statement concerning the Slough on the north, the Alviso Slough Vigo County and the Guadalupe River on the west, matters to be discussed. Persons wanting Terre Haute, State Bank of Indiana, Branch further information concerning the Moffat Street, on the south, and Gold Street on the east (10-9-73). of (Memorial Hall), 219 Ohio Street (10- meeting, or who wish to file written 25-73). statements, may contact Jerry D. Palo Alto, Downing, T. B., House, 706 Cowper Wagers, Director, New York District, at Street (10-30-73). Iowa San Jose, Peralta, Luis Maria, Adobe, 184 Johnson County 212-264-4456. West St. John Street (10-15-73). Minutes of the meeting will be avail­ Iowa City, South Summit Street District, able for public inspection three weeks Colorado 301-818 South Summit Street (10-9-73). after the meeting at the Office of the Di­ Larimer County Kansas rector of the New York District, National Estes Park vicinity, "White, William Allen, Geary County Paris Service, 26 Wall Street, New York, Cabins, west of Estes Park at Moraine Park New York 10005. Visitor Center in Rocky Mountain National Junction City vicinity, Wetzel, Christian, Park (10-25-73). Cabin, about 2 miles east of Junction City Dated: November 26,1973. at the junction of 1-70 and Kansas 57 (10- Ouray County \ Robert M. Landau, 15-73). Liaison Officer, Advisory Com­ Ouray, Beaumont Hotel, (10-30-73). Osborne County missions National Park Serv­ District of Columbia Osborne vicinity, Geodetic Center of the U.S., ices. Washington about 17 miles southeast of Osborne off [PR Doc.73-25622 Filed 12-3-73;8:45 am] U.S. 281 (10-9-73). Godey Lime Kilns, Rock Creek and Potomac Parkway at 27th and L Streets NW. (11- Kentucky NATIONAL REGISTER OF HISTORIC 2-73). Boyle County PLACES Pierce Springhouse and Barn, 2400 block of Tilden Street NW. (10-25-73). Perryville, Perryville Historic District (10-25- List of Additions, Deletions, and 73). Corrections Florida Caldwell County Monroe County Princeton, Adsmore, 304 North Jefferson By notice in the F ederal R egister of Street (10-25-73). February 28,1973, Part II, there was pub­ Key West, U.S. Coast Guard Headquarters, lished a list of the properties included in Key West Station, northwest comer of Fayette County the National Register of Historic Places. Front and Whitehead Streets. Lexington, McAdams and Morford Building, This list has been amended by a notice Palm Beach County 200-210 West Main Street (10-25-73). in the F ederal R egister of March 6 (pp. Jupiter, Jupiter Inlet Lighthouse, at the Jefferson County K 6084-6086), April 10 (pp. 9095-9097), juncture of Loxahatchee River and Jupiter Louisville, Tyler Block, 319 West Jefferson May 1 (pp. 10745-10748), June 5 (pp. Sound (10-15-73). Street (10-15-73). 14770-14777), July 3 (pp. 17744-17749), Georgia Nelson County August 7 (pp. 21278-21284), September 4 Bibb County Bardstown, Old Talbott Tavern, Court Square (PP. 23808-23811), October 2 (pp. 27307- Macon, Rose Hill Cemetery, Riverside Drive (10-30-73). 27310), and. November 6 (pp. 30570- (10-9-73). Scott County 30572). Further notice is given that cer­ Walker County Georgetown, Holy Trinity Episcopal Church, tain amendments or revisions in the Rossville vicinity, Ashland Farm, southwest South Broadway and West Clinton Street nature of additions, deletions, or correc­ of Rossville off Georgia 193 (10-18-73). (10-30-73).

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 No. 232—Pt. I---- 6 3 3 4 2 6 NOTICES

Georgetown, McFarland House, 510 Fountain New Jersey Orange County Avenue (10-15-73). Camden County Hillsborough, Hillsborough Historic D istric t, Georgetown vicinity, Longview, about 4 miles roughly bounded by North Nash Street on west of Georgetown off U.S. 460 (10-25- Pennsauken, Burrough-Dover House, off the the west, the Eno River and the Southern 73). Haddonfield Road (10-25-73). Railroad tracks on the south, the Ayr Georgetown vicinity, Sanders, Robert, House, Middlesex County Mount property and the town boundary about 2 miles south of Georgetown on U.S. on the east, and the Old Oxford Road and 25 (10-15-73). Piscataway, Onderdonk, Isaac, House, 685 West Corbin Street on the north (10—15— River Road (10-30-73). Louisiana 73). Monmouth County Assumption Parish Perquimans County Holmdel vicinity, Old Kentuck, northwest of Hertford vicinity, Nixon, Samuel, House, Napoleonville vicinity, Madewood, east of Holmdel off New Jersey 34 of Pleasant Val­ Napoleonville on Louisiana 308 (10-30-73). northwest of Hertford on the Perquimans ley Road (11-6-73). River (10-15-73). Maine Morris County Wake County Androscoggin County Morristown, Morristown District (10-30-73). Raleigh, Briggs Hardware Building, 220 Fay­ Lisbon Falls, Worumbo Mill, on the bank of Washington Valley, Washington Valley etteville Street (10-25-73). the Androscoggin River (10-15-73). Schoolhouse, Washington Valley Road and Schoolhouse Lane (10-15-73). Warren County Aroostook County Warrenton, Coleman-White House, Halifax Grand Isle, Our Lady of Mount Carmel Cath­ New York and Hall Streets (10-25-73). olic Church, U.S. 1 (10-15-73). Genesee County Watauga County Franklin County Alexander, Alexander Classical School, Buffalo Blowing Rock vicinity, Gragg House, west of Farmington, Cutler Memorial Library, corner Street (10-25-73). Blowing Rock on IJ.S. 221 (10-25-73). of Academy and High Street (11-2-73). Monroe County Farmington Falls, Union Baptist Church, U.S. Ohio 2 (10-30-73). Rochester, Bevier Memorial Building, Wash­ Butler County ington Street (10-25-73). Maryland Rochester, First Presbyterian Church, 101 Hamilton, Lane-Hooven House, 319 North Third Street (10-25-73). Baltimore County South Plymouth Avenue (10-25-73). Rochester, Old Stone Warehouse, 1 Mount Carroll County Fort Howard, Todd Farmhouse, 9000 Old Hope Avenue (10-15-73). North Point Road (Maryland 20) (10-18- Scottsville, Rochester Street Historic District, Minerva, Minerva Grade School, southeast 73). comer of West Line Street and Grant Boule­ Dorchester County both sides of Rochester Street from the creek to Oakwood Drive (10-25-73). vard (10-15-73). East New Market, Friendship Hall, off Mary­ Cuyahoga County land 14, 0.10 mile east of the intersection Onondaga County with Maryland 16 (10-18-73). Manlius, Manlius Village Historic District, Cleveland, Adelbert Hall, 2040 Adelbert Road Frederick County bounded by Pleasant, Franklin, North Clin­ (10-30-73). ton, and East Seneca Streets (11-6-73). Cleveland, Bingham Company Warehouse, Frederick, Frederick Historic District, two Orange County 1278 West Ninth Street (11-2-73). blocks east and three blocks west of Mar­ Cleveland, Caxton Building, 812 Huron Road ket Street from South Street to Seventh Monroe vicinity, Southfield Furnace Ruin, SE. (10-30-73). Street (10-18-73). south of Monroe off New York 17 (11-2-73). Cleveland, Newburgh Town Hall, 9213 Miles St. Marys County Rensselaer County Road (10-30-73). C r Cleveland, Northern Ohio Lunatic Asylum, Bush wood,. Ocean Hall, on Bushwood. Road Troy, Old Troy Hospital, Eighth Street (10- (Maryland 239) at Bushwood Wharf (10- 25-73). 4455 Turney Road (10-30-73) . 25-73). Cleveland, Western Reserve Building, 1468 Saratoga County West Ninth Street ( 10-30-73 ). Massachusetts Saratoga Spring^, Franklin Square Historic Cleveland Heights, Tremaine-Gallagher Resi­ Berkshire County District, in an irregular pattern from Beek- dence, 3001 Fairmount Boulevard (10-30- North Adams, Hoosac Tunnel, from North man Street, along both sides of Grand 73). Adams bn the west to the Deerfield River Avenue, Franklin, and Clinton to Van Dam Middleburg Heights, Old District 10 School- on ;the east (11-2-73). (10-9-73). house, comer of Cheldon and Fry Roads (10-15-73). Hampden County Schenectady County Hamilton County Springfield, Mills-Stebbins Villa, 3 Crescent Schenectady vicinity, Dellemont-Werhple Hill (10-15-73). Farm, west of Schenectady on Wemple Cincinnati, Cox, George B., House (Park- Road (10-25-73). view), Brookline and Jefferson Avenues Middlesex County North Carolina (11-6-73). Concord vicinity, Brooks, Daniel, House, east of Concord off Massachusetts 2 on Brooks Caswell County Muskingum County Road (10-25-73). Locust Hill, Rose Hill, on U.S. 158 at the Zanesville, Y Bridge, spans the Licking and Norfolk County junction with North Carolina 150 (10-25- Muskingum Rivers at Main Street (11—2— 73). 73). Quincy, Quincy Granite Railway, Bunker Hill Milton, Milton Historic District, encompasses Oklahoma Lane (10-15-73). town limits of Milton (10-25-73). Comanche County Mississippi Yanceyville, Yanceyville Historic District, west Main Street, Courthourse Square, and Adams County Lawton vicinity, Fort Sill Indian School, North Avenue to Church Street (10-15-73). east edge of Lawton off U.S. 62 (10-15-73). Natchez vicinity, Mistletoe, northeast of Currituck County Natchez on Mississippi 554 (10-10-73). Pennsylvania Corolla, Currituck Beach Lighthouse, north­ Missouri ern Outer Banks (10-15-73). Montgomery County Adair County Henderson County Harleysville vicinity, Bergy Bridge Historic Kirksville, Harris, Captain Thomas C. House, Flat Rock, Flat Rock Historic District (10- District, northwest of Harleysville off 1308 North Franklin Street (10-15-73). 15-73). Pennsylvania 63 (10-10-73). Jackson County Lenoir County Washington County Kansas City, Old New England Building, 112 La Grange vicinity, Herring House, northwest Washington, Le Moyne, Dr. Julius, House, 49 West Ninth Street (10-25-73). of La Grange off S.R. 1503. East Maiden Street (10-25-73).

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 NOTICES 33427

South Carolina Waukesha County Connecticut Calhoun County Eagle vicinity, Koepsel House, Old World Hartford County Wisconsin off Wisconsin 59 (10-25-73). Hartford, Church of the Good Shepherd and Cam eron, Ulmer-Summers House, Old Eagle vicinity, Turck, Christian, House, Old Orangeburg Road (10-25-73). Parish House, corner of Wyllys Street and World Wisconsin off Wisconsin 59 (10- Van Block Avenue. Charleston County 25-73). Hartford, Colt, Colonel Samuel, Armory and Charleston vicinity, St. Andrews Episcopal The following are corrections to pre­ related factory buildings, Van Dyke Avenue. Church, 5 miles northwest of Charleston vious listings in the F ederal R egister: Hartford, Colt Factory Housing, Huyshope on the Ashley River Road (South Carolina Avenue between Sequassen and Weehasset 61) (10-15-73). Maine Streets. Charleston vicinity, Vander Horst, Amoldus, Cumberland County Hartford, Colt Factory housing (Potsdam House, about 25 miles southwest of Village), Curcombe Street between Hen- Charleston on Kiawah Island (10-25-73). Freeport, Pote, Captain Greenfield, House driexsen Avenue and Locust Street. (Pettengill House) Wolf Neck Road (10- Georgetown County £-70). Hartford, Colt Park, bounded by Wethers­ Georgetown vicinity, Annandale Plantation, field Avenue, Stonington Street, Wawarme, about 14 miles south of Georgetown be­ Minnesota Curcombe, and Marseek Streets, and Huy­ tween South Carolina 30 and South Caro­ Hennepin County shope and Van Block Avenues. lina 18 (10-25-73). Hartford, Flat-iron Building (Motto Build­ Minneapolis, Minnehaha Park Historic Dis- ing), corner of Congress Street and Maple Spartanburg County i trict, south of Minnehaha Parkway be­ Avenue. Campobello vicinity, Ingleside, about 1 mile tween Hiawatha Avenue and the Mississippi Hartford, Houses on Charter Oak Place. north of Campobello on U.S. 176. River (11-25-69). Hartford, Houses on Congress Street. Virginia Tennessee Hartford, Houses on Wethersfield Avenue, be­ Frederick County tween Morris and WyUys Streets. Davidson County Middletown, St. Thomas Chapel, intersection New London County Bellevue, Belle Vue, Old Harding Road off of Route 1102 and Route 1105 (4-11-73). U.S. 70S (10-25-73). New London, Thames Shipyard, west bank of Thames River north of the U.S. Coast Robertson County The following property has been de­ molished and removed from the National Guard Academy. Cross Plains, Randolph, William, House, on Register: Indiana Tennessee 25 (10-30-73). California Cross Plains vicinity, Rock Jolly, northeast Monroe County of Cross Plains off Tennessee 52 (10-30- San Francisco County 73). Bloomington, Carnegie Library. Rutherford County San Francisco, House at 1334-1336 Scott Street, Kentucky Eagleville vicinity, Scales, Absalom, House, Historic properties which are either Estill County north of Eagleville off Tennessee 16 on (1) eligible for nomination to the Na­ Rocky Glade Road (10-30-73). tional Register of Historic Places or (2) Lexington vicinity, Fitchburg Iron Furnace, Murfreesboro vicinity, Elmwood, northwest on Kentucky 975 in Daniel Boone National of Murfreesboro off U.S. 70S/41 (10-15-73). nominated but not yet listed are entitled Forest. Murfreesboro vicinity, Marymount, south­ to protection under Executive Order Jefferson County west of Murfreesboro off Tennessee 99 on 11593. Before an agency of the Federal Rucker Lane (10-30-73). government may undertake any project Louisville, Old Louisville Historic District, which may have an effect on such a prop­ bounded on the north by Broadway, on Shelby County the west by Seventh Street and the Louis- erty, the Advisory Council on Historic ville/Nashville Railroad tracks, on the east Memphis, Magevney House, 198 Adams Ave­ Preservation shall be given an oppor­ by 1-65 and Brook Street, on the south by nue (11-6-73). tunity to comment on the proposal. Au­ Eastern Parkway and Gaulbert Avenue. Virginia thorizations for such comment are in section 1(3) and section 2(b) of Execu­ Maryland Augusta County tive Order 11593. Frederick County Staunton vicinity, Folly, south of Staunton The Secretary of the Interior has de­ on U.S. 11 (10-25-73). Fort Detrick, Nallin Farm House (Fort De­ termined that the following properties trick Building 1652). Craig County may be eligible for inclusion in the Na­ New Castle, New Castle Historic District, tional Register of Historic Places and are Harford County Main and Court Streets (10-25-73). therefore entitled to protection under Aberdeen vicinity, Gunpowder Meeting House section 1(3) and section 2(b) of Execu­ York County (Building E-5715), Magnolia Road, Aber­ tive Order 11593 and other applicable deen Proving Ground. Yorktown vicinity, Yorktown Wrecks, 4 miles Federal legislation. This list is not com­ Aberdeen vicinity, Presbury House (Quiet of York River between Gloucester and York plete. As required by Executive Order Lodge, Building E-4730), Austin and Par­ County shores at Yorktown (10-9-73). 11593, an agency head shall refer any rish Roads, Aberdeen Proving Ground. Washington questionable actions to the Secretary of St. Marys County Snohomish County the Interior for an opinion respecting the St. Inigoes, Priest House (St. Inigoes Manor Everett vicinity, “Jack Knife” Bridge, spans property’s eligibility for inclusion in the House), Naval Electronic Systems Test and the Ebey Slcmgh at Home Acres Road east National Register. Evaluation Facility. of Everett (Jff-2-73). Alabama Nebraska West Virginia Madison County Madison County Cabell County Huntsville, Lee House, on Red Stone Arsenal. Norfolk, Federal Building (U.S. Post Office Huntington, Baltimore & Ohio Railroad and Courthouse), comer of Fourth Street Depot, 1100 block Second Avenue (10-30- Alaska and Madison Avenue. 73). Northwestern District Nevada Wisconsin Little Diomede Island, lyapana, John, House. Storey County (also in Washoe County) Rock County Arizona Sparks vicinity, Derby Diversion Dam CooksviUe, Cooksville Historic District, both Yuma County 6ides of the streets bordering the Publio (Truckee River Diversion Dam), 19 miles Square and Rock Street (10-25-73). Yuma, Southern Pacific Depot. east of Sparks on 1-80.

FEDERAL REGISTER, VOL 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33428 NOTICES

New Hampshire gin Islands, Guam, and American Samoa SUBCOMMITTEE ON ENERGY GOVERN­ Grafton County for calendar year 1974 issued jointly by MENT-INDUSTRY COOPERATION OF the Departments of Commerce and the THE COMMITTEE ON EMERGENCY PRE­ Bedell Covered Bridge. Interior, see FR Doc. 73-25632, Office of PAREDNESS NATIONAL PETROLEUM COUNCIL New York the Secreatary, Department of Com­ 'Westchester County merce, infra. Notice of Meeting Pursuant to Executive Order 11686, White Plains, Westchester County Court­ Office of Petroleum Allocation house Complex, corner of Main and Court notice is hereby given of the following Streets. [Advisory Notice 8] meeting:' " North Carolina The Subcommittee on Energy Govern­ MIDDLE DISTILLATE FUELS ment-Industry Cooperation of the Emer­ Brunswick County Allocation Preferences gency Preparedness Committee of the Southport, Fort Johnston, Moore Street. In order, to relieve unintended results National Petroleum Council will meet at Jones County under the Mandatory Allocation Program 9:00 a.m. on December 5, 1973, in Room 326, The Winder Building in Washington, Trenton, Trenton Historic District. for Middle Distillate Fuels, it has been determined that pursúant to section 12 D.C. The purpose of this meeting will be New Hanover County of the regulations (EPO Reg. 1; 38 FR to review and discuss a proposed plan of Wilmington, Market Street Mansions District, 28660) effective immediately until De­ organization for the Office of Petroleum both sides of Market Street between 17th Allocation, developed by Admiral Eli T,. and 18th Streets. cember 31, 1973, suppliers shall give Reich, Administrator, as it pertains to the Wilmington, Wilmington Historic District. preference in the allocation of middle administration and utilization of the distillate fuel required by the United existing extensive and intricate supply Oregon States Postal Service for the collection and distribution systems of the U.S. Pe­ Klamath County and distribution mail, limited in total troleum Industry. The purpose of the National Petroleum Crater Lake National Park, Crater Lake volume to that used in December 1972. Lodge. Council is solely to advise, Inform and Pennsylvania Middle distillate fuel supplied under make recommendations to the Secretary Allegheny County this notice during the specified period is of the Interior on any matter relating to intended only for: petroleum or the petroleum industry. The Bruceton, Experimental Mine, off Cochran 1. The operation of Postal Service meeting is open to the public to the ex­ Mill Road. tent that facilities permit. Pittsburgh, Pittsburgh Experiment Station, owned and operated vehicles, including Main Building, 4800 Forbes Avenue. vehicles provided under contract agree­ Dated: December 1,1973. Vermont ment by city and rural carriers or leased Eli T. R eich, Windsor County for collection and delivery services and Administrator, those provided for mail service by con­ Office of Petroleum AllocationM, Windsor, Post Office Building. tract mail transporters. [PR Doc.73-25887 Piled 12-3-73;2:05 pm] Washington 2. Postal plant heating and electrical Clark County energy production at those postal facil­ INTERSTATE COMMERCE Vancouver, Officers Row, Fort Vancouver ities which produce their own electrical COMMISSION Barracks. energy and heat. [Notice 399] West Virginia The U.S. Postal Service shall be re­ ASSIGNMENT OF HEARINGS Marion County sponsible for advising the Office of Pe­ N ovember 29, 1973. Prickett’s Port, Prickett Bay Boat Launch­ troleum Allocation with respect to es­ ing Site, SJt. 72 off West Virginia 73. Cases assigned for hearing, postpone­ sential services covered by this Advisory ment, cancellation or oral argument ap­ Wisconsin Notice and shall take such action as is pear below and will be published only Door County necessary to minimize the use of middle once. This list contains prospective as­ Chambers Island, Chambers Island Light­ distillates within the Postal Service and signments only and doq$ not include house Dwelling, northern tip of Chambers its contractual operations to limit the Island in Green Bay, Lake Michigan. cases previously assigned hearing dates. December 1973 consumption, to that The hearings will be on the issues as Wyoming amount used in December 1972. Accord­ presently reflected in the Official Docket Goshen County ingly, the Postal Service shall limit de­ of the Commission. An attempt will be Torrington, Union Pacific Depot. mand and be accorded preference under made to publish notices of cancellation Ernest A. Connally, these provisions only for those volumes of hearings as promptly as possible, but Associate Director, specified; i.e., usage in December 1972. interested parties should take appropri­ Professional Services. If suppliers act in accordance with the ate steps to insure that they are notified [PR DOC.73-25372 Piled 12-3-73; 8:45 am] intent of this Advisory Notice, no sanc­ of cancellation or postponements of tions under the Mandatory Middle Dis­ hearings in which they are interested. No tillate Fuel Allocation Program shall be Office of the Secretary amendments will be entertained after imposed by the Office of Petroleum Allo­ WATCHES AND WATCH MOVEMENTS the date of this publication. cation as a consequence of any un­ MC-l 15841 Sub 441, Colonial Refrigeration Proposed Rules for Allocation of Quotas for intended results from implementation of Transportation, Inc., is continued to De­ Calendar Year 1974 Among Producers this preference category demand. cember 5, 1973 (2 days) and December 18, Located in the Virgin Islands, Guam, and 1973 (1 day), at the Offices of the Inter­ American Samoa E u T. R eich, state Commerce Commission, Washington, Administrator, Office of D.C. Cross R eference : For a document re­ Petroleum Allocation. MC 128638 Sub 3, Central Grain Haulers, Inc., garding proposed rules for the allocation now being assigned January 14, 1974, at of duty-free quotas of watches and watch D ecember 3,1973. Louisville, Ky., in a hearing room to be movements among producers in the Vir­ [PR Doc.73-25832 Filed 12-3-73; 10:30 am] later designated.

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 NOTICES 33429 MC 135754 Sub 1, Robert E. Williamson, Jr., that there will be no significant effect termediate points. John M. Musselman, Common Carrier Application, now assigned on the quality of the human environment 410 North Third Street, Harrisburg, Pa. December 6, 1973, at Columbia, S.C., is cancelled and transferred to Modified Pro­ resulting from approval of the applica­ 17108. cedure. tion. As provided in the Commission’s No. MC-FC-74767. By order of Novem­ MC-114211 Sub 187, Warren Transport, Inc., special rules of practice any interested ber 23,1973, the Motor Carrier Board ap­ MC-123048 Sub 222, Diamond Transporta­ person may file a petition seeking recon­ tion System, Inc., Extension-Wailboard, sideration of the following numbered proved the transfer to J. W. Simmons, and MC-124174 Sub 92, Momsen Trucking proceedings on or before December 24, doing business as Simmons & Sons Co., Extension Wallboard, now being as­ 1973. Pursuant to section 17(8) of the In­ Garage, Boonville, Mo., of Certificate No. signed hearing January 9, 1974, at the Of­ terstate Commerce Act, the filing of such MC-124262 issued on September 9, 1971, fices of the Interstate Commerce Commis­ to Don Tenney, Fulton, Mo., and ac­ sion, Washington, D.C. a petition will postpone the effective date quired by Jack Tenney, the transferor of the order in that proceeding pending herein, through approval and consum­ [seal] R obert L. Oswald, its dispostion. The matters relied upon Secretary. mation in No: MC-FC-74768, author­ by petitioners must be specified in their izing the transportation of wrecked, dis­ [PR Doc.73-25658 Piled 12-3-73;8:45 am] petitions with particularity. abled, and inoperative abandoned motor No. MC-FC-74756. By order of Novem­ vehicles, boats, trailers, and replacements [Car Distribution Direction No. 93, Arndt. 6; ber 21, 1973, the Motor Carrier Board; therefor, between points in four named Rev. S.O. 1002] approved the transfer to H.M.K. Truck­ counties in Missouri, on the one hand, ing, Inc., Gloucester City, N.J., of those and, on the other, points in Arkansas, ATLANTA AND WEST POINT RAIL ROAD portions of the operating rights in Cer­ Illinois, Indiana, Iowa, Kansas, Ne­ CO., ET AL. tificate No. MC-127487 (Sub-No. 2) is­ braska, and Oklahoma. Mr. John E. Car Distribution Direction sued May 3, 1967, to Holt Motor Express, Burruss, Jr., Attorney at Law, Central Inc., Gloucester City, N.J., authorizing Trust Building, Jefferson City, Missouri To: Atlanta and West Point Rail Road the transportation of: copper, brass, 65101. Company, Carolina, Clinchfield and Ohio bronze, aluminum, zinc, lead, tin, tin Railway, Georgia Rail Road & Banking No. MC-FC-74768. By order of Novem­ bearing alloys, monel, and nickel, in pigs, ber 23, 1973, the Motor Carrier Board Company, Louisville and Nashville Rail­ ingots, bars, and shapes, steel, in sheets road Company, Seaboard Coast Line approved the transfer to Jack Tenney, Railroad Company, The Western Rail­ and plates, wire (copper clad), and gal­ Fulton, Mo., of Certificate No. MC-124262 way of Alabama. vanized iron and steel sheets and struc­ issued on September 9,1971, to Don Ten­ Upon further consideration of Car Dis­ tural shapes which because of size or ney, Fulton, Mo., authorizing the trans­ tribution Direction No. 93 and good cause weight require special equipment, be­ portation of wrecked, disabled, and inop­ appearing therefor: tween Philadelphia, Pa., on the one hand, erative abandoned motor vehicles, boats, It is ordered, That: and, on the other, New York, N.Y., Wash­ trailers, and replacements therefor, be- Car Distribution Direction No. 93 be, ington, D.C., Baltimore, Md., Wilming­ . tween points in four named counties in and it is hereby, amended by substituting ton Del., and Trenton, Newark, Elizabeth, Missouri, on the one hand, and, on the the following paragraph (f) for para­ Delawanna, Perth Amboy, Carteret, Rah­ other, points in Arkansas, Illinois, Indi­ graph (f) thereof: way, Bound Brook, and Weehawken, N. J.; ana, Iowa, Kansas, Nebraska, and Okla­ (f) Expiration date. This direction machinery, girders, timbers, and such homa. Mr. W. C. Whitlow, Attorney at shall expire at 11:59 p.m., December 31, commodities as require special equip­ Law, 10 East 4 th Street, Fulton, Mo. 1973, unless otherwise modified, changed, ment and rigging because of size or 65251. or suspended. weight, between Philadelphia, Pa., on the one hand, and, on the other, points No. MC-FC-74822. By order entered It is further ordered, That this amend­ November 27, 1973, the Motor Carrier ment shall become effective at 11:59 p.m., in New York, New Jersey, and the Dis­ trict of Columbia, those in New Castle Board approved the transfer to Emmes November 30,1973, and that this amend­ Trucking Co., Inc., Carle Place, N.Y., of ment shall be served upon the Associa­ County, Del., and those in a described portion of eastern Maryland; and heavy the operating rights set forth in Certifi­ tion of American Railroads, Car Service cate No. MC-135434 (Sub-No. 1), issued Division, as agent of all railroads sub­ machinery, machine tools, electrical and steam equipment, vaults and parts there­ January 4, 1972, to V & A Warehouse scribing to the car service and car hire Corporation, Paterson, N.J., authorizing agreement under the terms of that agree­ of, and other heavy or bulky commodities requiring specialized handling and the transportation of general commodi­ ment, and upon the American Short Line ties, with the usual exceptions, between Railroad Association; and that it be filed equipment, between Philadelphia, Pa., oh the one hand, and, on the other, points in New York, N.Y., on the one hand, and, on with the Director, Office of the Federal the other, points in Hudson, Bergen, Pas­ Register. Pennsylvania within 150 miles of Phila­ delphia. Alan Kahn, 1920 Two Penn saic, Essex, Middlesex, Union, Somerset, Issued at Washington, D.C., Novem­ Center Plaza, Philadelphia, Pa. 19102. and Morris Counties, N.J.; and pocket ber 26,1973. Attorney for applicants. books and pocket book material and sup­ Interstate Commerce plies, between New York, N.Y., Penns- Commission, No. MC-FC-74766. By order entered burg, Pa., and South Norwalk and Bridge­ [seal] r , d . P fahler, November 27, 1973, the Motor Carrier port, Conn. George A. Olsen, 69 Tonnelle Agent. Board approved the transfer to Red Lion Ave., Jersey City, N.J. 07306, practitioner Bus Company, Red Lion, Pa., of the op­ for transferor and William D. Traub, 10 [PR Doc.73-25652 Filed 12-3-73:8:45 am] erating rights set forth in Certificates East 40th Street, New York, N.Y. 10016, Nos. MC-107155 and MC-107155 (Sub- practitioner for transferee. [Notice 401] No. 2>, issued by the Commission Decem­ ber 9, 1946, and August 10, 1955, to No. MC-FC-74825. By order entered m o to r c a r r ie r b o a r d t r a n s f e r James A. Tollinger, Red Lion, Pa., au­ November 27, 1973, the Motor Carrier PROCEEDINGS thorizing the transportation of passen­ Board approved the transfer to Peluso Synopses of orders entered by the gers, between Stewarts town, Pa., and Moving and Storage Company, a cor­ Motor Carrier Board of the Commissior Upper Cross Roads, Md., over specified poration, New Brighton, Pa., of the op­ Pursuant to sections 212(b), 206(a), 211 routes, serving all intermediate points; erating rights set forth in Certificate No. 312(b), and 410(g) of the Interstate and passengers and their baggage, and MC-7242, issued March 7, 1958, to Louis Commerce Act, and rules and regulation: express and newspapers in the same ve­ J. Peluso, Jr., doing business as Louis J. Prescribed thereunder (49 CFR Pari hicle with passengers, between Stewarts- Peluso, Jr., Moving & Storage, New 1132), appear below: town, Pa., and Airville, Pa., over specified Brighton, Pa., authorizing the trans­ Each application (except as otherwist routes, serving all intermediate points; portation of household goods, between R e a l l y rioted) filed after March 27 and between Stewarts town, Pa., and Yoe, points in Beaver County, Pa., on the one 1972, contains a statement by applicant: Pa., overspecified routes, serving all in­ hand, and, on the other, points in Ohio,

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 r M töti NOTICES

West Virginia, and New York. Edward M. and petroleum products, in bulk, in tank No. MC 41406 (Sub-No. 35 TA) , filed Larkin, 5151 Penn Ave., Pittsburgh, Pa. vehicles, from Minot, N. Dak. (except the November 19, 1973. Applicant: ARTIM 15224, attorney for applicants. Cenex Pipeline) , to points in Minnesota, TRANSPORTATION SYSTEM, INC., for 180 days. SUPPORTING SHIPPER: [seal] R obert L. Oswald, 7105 Kennedy Avenue, P,0. Box 2176! Secretary. Twin City Barge & Towing Company, Hammond, Ind. 46323. Applicant’s repre­ 1303 Red Rock Road, P.O. Box 3032, St. sentative: Wfiliam J. Walsh (same ad­ [FR Doc.73-25655 Filed 12-3-73;8:45 am] Paul, Minn. 55165, W. H. Starr, Manager, dress as applicant). Authority sought to Petroleum Marketing Division. SEND operate as a common carrier, by motor [Notice 163] PROTESTS TO: J. L. Hammond, Dis­ vehicle, over irregular routes, transport­ trict Supervisor,' Bureau of Operations, ing: Lead oxides, dry, in bulk, in tank MOTOR CARRIER TEMPORARY Interstate Commerce Commission, Room trailers, from Hammond, Ind., to Detroit, AUTHORITY APPLICATIONS 369, Federal Building, Pierre, S. Dak. Mich., for 180 days. SUPPORTING November 28,1973. 57501. SHIPPER: Hammond Lead Products, The following are notices of filing of No. MC 29392 (Sub-No. 23 TA), filed Inc., 5231 Hohman Avenue (P.O. Box application, except as otherwise specifi­ November 19, 1973. Applicant: LES 308), Hammond, Ind. 46325. SEND PRO­ cally noted, each applicant states that JOHNSON CARTAGE CO., 611 South TESTS TO: J. H. Gray, District Super­ there will be no significant effect on the 28th Street, Milwaukee, Wis. 53246. Ap­ visor, Interstate Commerce Commission, quality of the human environment re­ plicant’s representative: Richard H. Pre- Bureau of Operations, 345 West Wayne sulting from approval of its application, vette (same address as above). Authority St., Room 204, Fort Wayne, Ind. 46802. for temporary authority under section sought to operate as a common carrier, No. MC 76032 (Sub-No. 303 TA), filed 210a(a) of the Interstate Commerce Act by motor vehicle, over irregular routes, November 19, 1973. Applicant: NAVAJO provided for under the new rules of Ex transporting: Steel tubes, from St. Paul, FREIGHT LINES, INC., 1205 South Parte No. MC-67 (49 CPR Part 1131) Minn., t9 Lshpeming, Mich., for 180 days. Platte River Drive, Denver, Colo. 80223. published in the F ederal R egister, issue SUPPORTING SHIPPER: Brown-Min- Applicant’s representative: Eldon E. of April 27, 1965, effective July 1, 1965. neapolis Tank & Fabricating Co., 2875 Bresee (same address as applicant) . Au­ These rules provide that protests to the Highway 55 (Mail: P.O. Box 3670), St. thority sought to operate as a common granting of an application must be filed Paul, Minn. 55165 (R. D. Van Beusekom, carrier, by motor vehicle, over irregular with the field official named in the F ed­ Controller). SEND PROTESTS TO: routes, transporting: Meats, meat prod­ eral R egister publication, within 15 cal­ John E. Ryden, District Supervisor, In­ ucts, meat byproducts, dairy products, endar days after the date of notice of terstate Commerce Commission, Bureau articles distributed by meat packing­ the filing of the application is published of Operations, 135 West Wells Street, houses, and such commodities as are used, in the F ederal R egister. One copy of Room 807, Milwaukee, Wis. 53203. by meat packers in the conduct of their such protests must be served on the ap­ business, when destined to and for use plicant, or its authorized representative, No. MC 30887 (Sub-No. 199 TA), filed November 19, 1973. Applicant: SHIPLEY by meat packers, as described in Sections if any, and the protests must certify that A, B, C, and D of Appendix I to the re­ such service has been made. The protests TRANSFER, INC., 49 Main Street, Box 55, Reisterstown, Md. 21136. Applicant’s port in “Descriptions in Motor Carriers must be specific as to the service which Certificates,” 61 M.C.C. 209 and 766 (ex­ such protestant can and will offer, and representative: Theodore Polydoroff, 1250 Constitution Ave. NW., Washington, cept commodities in bulk), from Greeley, must consist of a signed original and six Colo., to points in Connecticut, Dela­ (6) copies. D.C. 20036. Authority sought to operate as a common carrier, by motor vehicle, ware, Indiana, Kentucky, Maine, Mary­ A copy of the application is on file, and over irregular routes, transporting: Dry land, Massachusetts, Michigan, New can be examined at the Office of the Sec­ plastic granules, in bulk, in tank vehicles, Hampshire, New Jersey, New York, Ohio, retary, Interstate Commerce Commis­ from Baltimore, Md., to Marshallton, Pennsylvania, Rhode Island, Vermont, sion, Washington, D.C., and also in field Del., restricted to shipments having a Virginia, and West Virginia, for 180 office to which protests are to be prior movement by rail, for 180 days. days. SUPPORTING SHIPPER: Monfort transmitted. SUPPORTING SHIPPER: Edwin L. Packing Company, P.O. Box G, Greeley, M otor Carriers of P ropertv Harris, Logistics Coordinator, T. & D. Colo. SEND PROTESTS TO: District Dept., E. I. duPont de Nemours & Co., Supervisor Roger L. Buchanan, Inter­ No. MC 2368 (Sub-No. 40 TA), filed 1007 Market Street, Wilmington, Del. state Commerce Commission, Bureau of November 15, 1973. Applicant: BRAL- 19898. SEND PROTESTS TO: William L. Operations, 2022 Federal Building, Den­ LEY-WILLETT TANK LINES, INC., 2212 ver, Colo. 80202. Deepwater Terminal Road, Richmond, Hughes, District Supervisor, Interstate Va. 23234. Applicant’s representative: Commerce Commission, Bureau of Oper­ No. MC 111729 (Sub-No. 408 TA), filed Ward W. Johnson (same address as ap­ ations, 814-B Federal Bldg., Baltimore, November 16,1973. Applicant: PUROLA- plicant) . Authority sought to operate as Md. 21201. TOR COURIER CORP., 2 Nevada Drive, a common carrier, by motor vehicle, over No. MC 38400 (Sub-No. 4 TA), filed Lake Success, (NHP-PO) N.Y. 11040. irregular routes, transporting: Fuel oils, November 19, 1973. Applicant: HITCH­ Applicant’s representative: John M. De- gasoline, and kerosenes, in bulk, in tank COCK BROS., INCORPORATED, High lany (same address as applicant). Au­ vehicles, from Richmond, Va., to Charles Street, Canaan, Conn. 06018. Applicant’s thority sought to operate as a common Town, W. Va., for 180 days. SUPPORT­ representative: John E. Fay, 630 Oak- carrier, by motor vehicle, overJrregular ING SHIPPER: McCaskill Oil Co., Inc., wood Avenue,"Elmwood, Conn. 06110. Au­ routes, transporting: (1) Business pa-, 143 Beaunit Avenue, E. Rockingham, N.C. thority sought to operate as a common pers, records, audit and accounting media 28379: SEND PROTESTS TO: District carrier, by motor vehicle, over irregular of all kinds, and advertising materials, Supervisor Robert W. Waldron, Inter­ routes, transporting: Fuel oils, in bulk, (a) between Park Forest, 111., and Fort state Commerce Commission, Bureau of in tank vehicles, from New Haven and Wayne, Ind., and (b) between South Operations, 10-502 Federal Bldg., Rich­ Bridgeport, Conn., to the bulk facilities of Bend, Ind., and Lansing, Mich., and (2) mond, Va. the Community Fuel., Inc., Millerton, Computer parts, business machine parts, N.Y., and between bulk facilities of Com­ assemblies and supplies pertaining No. MC 22195 (Sub-No. 151 TA), filed munity Fuel, Inc., Millerton, N.Y., and thereto, restricted against the transpor­ November 13, 1973; Applicant: DAN tation of packages or articles weighing DUGAN TRANSPORT COMPANY, 41st Canaan, Conn., for 180 days. SUPPORT­ ING SHIPPER: C. A. Lindell & Son, Inc., in the aggregate more than 100 pounds & Grange Avenue, P.O. Box 946, Sioux Church Street, Canaan, Conn. 06018. from one consignor to one consignee on Falls, S. Dak. 57101. Applicant’s repre­ any one day, (a) from Washington, D.C., sentative: Fred Ffischer (same address as SEND PROTESTS TO: David J. Kier- nan, District Supervisor, Interstate Com­ to Frederick, Md.; (b) from Atlanta, Ga., above). Authority sought to operate as a merce Commission, Bureau of Opera­ to points .in Bay, Escambia, and common carrier, by motor vehicle, over tions, 135 High Street, Room 324, Hart­ Okaloosa Counties, Fla., and points in irregular routes, transporting: Petroleum ford, Conn. 06101. Alabama, North Carolina, South Caro-

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 NOTICES 33431 lina, and Tennessee; and (c) between American Can Company, Green Bay Oregon and Washington, for 180 days. points in Alabama, Florida, Georgia, (Brown County) Wis., Weyerhaeuser SUPPORTING SHIPPERS: American Mississippi, North Carolina, South Caro­ Company, Marshfield (Wood County) ¡Mail Line Ltd., 522 Pacific Building, lina, and Tennessee, on traffic having an Wis., and Owens-Illinois Company, Portland, Oreg. 97204; Port of Portland, immediately prior of subsequent move­ Tomahawk (Lincoln County), Wis., P.O. Box 3529, Portland, Oreg. 97208, ment by air, for 90 days. SUPPORTING under contract with American Can Com­ General Steamship Corporation Ltd., 421 SHIPPERS: (1) Desa Industries, 25000 pany, Lake States Woodlands, Roths­ SW. Sixth Avenue, Portland, Oreg. 97204; So. Western, Park Forest, 111.; (2) F. W. child, Wis.; and (2) Sawdust, shavings, and Del Monte Corporation, 2001 Del Means & Company, 3701 Progress Drive, bark, and wood waste residue generated Monte Way, P.O. Box 150, Vancouver, South Bend, 111.; and (3) International by manufacturing plants, in bulk, from Wash. 98660. SEND PROTESTS TO: Dis­ Business Machines Corporation, P.O. Box Iron Wood Products Corp., Bessemer, trict Supervisor W. J. Huetig, Interstate #10, Princeton, N.J. 08540. SEND PRO­ Mich.; Stiegers Lumber Co., 1 mile east Commerce Commission, Bureau of Op­ TESTS TO: Anthony D. Giaimo, District of Bessemér, Mich., on U.S. Highway 2 erations, 450 Multnomah Bldg., 319 SW. Supervisor, Interstate Commerce Com­ (Gogebic County), Northern Hardwoods Pine Street, Portland, Oreg. 97204. mission, Bureau of Operations, 26 Fed­ Div./Copper Range Co., on Michigan eral Plaza, New York, N.Y. 10007. Highway 26, near South Range (Hough­ No. MC 133566 (Sub-No. 26 TA), filed ton County) Mich., American Timber November 16, 1973. Applicant: GANG- No. MC 116282 (Sub-No. 27 TA), filed Homes, 1 mile north of Escanaba, Mich., LOFF & DOWNHAM TRUCKING CO., November 16, 1973. Applicant: NEIL’S at Wells, near U.S. Highway 2 (Delta INC., P.O. Box 676, Logansport, Ind. BAKERY PRODUCTS TRANSPORTA­ County), Jurmu’s Lumber, Sawing, & 46947. Applicant’s representative: Rob­ TION CO., 246 Broad Street, Auburn, Planing Mill, Daggett (Menominee ert Gangloff (same address as applicant). Maine 04210. Applicant’s representative: County), Mich., and Delta, Dickinson, Authority sought to operate as a common Onile P. Francoeur (same address as ap­ and Menominee Counties, Mich., to Wey­ carrier, by motor vehicle, over irregular plicant) . Authority sought to operate as erhaeuser Company, Marshfield (Wood routes, transporting: Foodstuffs and non­ a contract carrier, by motor vehicle, County) Wis., under contract with Wey­ edible food products (except commod­ over irregular routes, transporting: erhaeuser Company, Marshfield, Wis., ities in bulk, vehicles equipped with Bakery products, from Auburn, Maine, for 180 days. SUPPORTING SHIPPERS: mechanical temperature control), from to points in New Hampshire, Massachu­ Weyerhaeuser Co., Particle Bd. Div., 204 the plantsite and storage facilities of the setts, and Rhode Island, restricted to Willow St., Marshfield, Wis. 54449, and Southern Michigan Cold Storage Com­ transportation performed under a con­ American Can Company, Lake States pany, Logansport Refrigerated Services tinuing bilateral contract with F. R. Woodlands, Highway 51, Rothschild, Division at Logansport, Ind., to points in Lepage Bakery, Inc., doing business as Wis. 54474. SEND PROTESTS TO: Minnesota, Iowa, Arkansas, Maine, Mis­ Country Kitchen Bakers, Auburn, Maine, Barney L. Hardin, District Supervisor, souri, Louisiana, Wisconsin, Illinois, for 180 days. SUPPORTING SHIPPER: Interstate Commerce Commission, Bu­ Michigan, Indiana, Kentucky, Maryland, P. R. Lepage Bakery, Inc., doing business reau of Operations, 139 W. Wilson St., Pennsylvania, New Jersey, Massachu­ as Country Kitchen Bakers, 60 Second Room 202, Madison, Wis. 53702. setts, Vermont, Tennessee, Mississippi, Street, Auburn, Maine 04210. SEND Alabama, Ohio, Florida, South Carolina, PROTESTS TO: Donald G. Weiler, Dis­ No. MC 129732 (Sub-No. 5 TA), filed Georgia, North Carolina, Virginia, West trict Supervisor, Interstate Commerce November 19, 1973. Applicant: EMPIRE Virginia, New York, Delaware, Connecti­ Commission, Bureau of Operations, Rm. FUEL & TRANSFER CO., 320 N. Front cut, Rhode Island, New Hampshire, and 307, 76 Pearl Street, Portland, Maine Street, Coos Bay, Oreg. 97420. Applicant’s Washington, D.C., restricted to traffic 04112. representative: Earle V. White, 2400 originating at the named plantsite and No. MC 123392 (Sub-No. 58 TA), filed SW. Fourth Avenue, Portland, Oreg. storage facilities and excepting commod­ November 15, 1973. Applicant: JACK B. 97201. Authority sought to operate as a ities in bulk, for 180 days. SUPPORTING KELLEY, INC., U.S. 66 West at Kelley common carrier, by motor vehicle, over SHIPPER: Logansport Refrigerated Drive, Route 1, Box 400, Amarillo, Tex. irregular routes, transporting: Petroleum Services Division, Southern Michigan 79106. Applicant’s representative: Wel­ and petroleum products, in bulk, between Cold Storage Company, RR #2, Box 94-C, don M. Teague (same address as appli­ points in Coos County, Oreg., on the one Logansport, Ind. 46947. SEND PRO­ cant). Authority sought to operate as a hand, and, on the other, points in Del TESTS TO: J. H. Gray, District Super­ common carrier, by motor vehicle, over Norte, Humboldt, Siskiyou, Trinity, visor, Interstate Commerce Commission, irregular routes, transporting: Liquid Shasta, and Tehama Counties, Calif., for Bureau of Operations, 345 W. Wayne nitrogen, in bulk, from New Orleans, La., 180 days. SUPPORTING SHIPPERS: Street, Room 204, Fort Wayne, Ind. Ronco Oil, Inc., 1680 Ocean Blvd., Coos 46802. and its commercial zone, to Langley Bay, Oreg., and Chambers Fuel Oils, Inc., Pield, Hampton, Va., for 90 days. SUP­ 225 Lockhart Street, Coos Bay Oreg. No. MC 135713 (Sub-No. 2 TA) (COR­ PORTING SHIPPER: Curtis L, Wagner, RECTION) , filed November 7,1973, pub­ Jr., Chief, Regulatory Law Office, U.S. SEND PROTESTS TO: A. E. Odoms, Dis­ trict Supervisor, Interstate Commerce lished in the F ederal R egister issue of Department of Defense, Washington, Commission, Bureau of Operations, 450 November 26, 1973, and republished as D.C. 20423. SEND PROTESTS TO: Multnomah Building, 319 SW. Pine St., corrected this issue. Applicant: AFRO- Haskell E. Ballard, District Supervisor, Portland, Oreg. 97204. URBAN TRANSPORTATION, INC., 103 Bureau of Operations, Interstate Com­ E. 125th Street, Brooklyn, N.Y. 10035. merce Commission, Box H-4395, Herring No. MC 133276 (Sub-No. 11 TA), filed Applicant’s representative: Charles J. Plaza, Amarillo, Tex. 79101. November 19, 1973. Applicant: BERRY Williams, 47 Lincoln Park, Newark, N.J. No. MC 125512 (Sub-No. 8 TA), filed TRANSPORT, INC., 11895 S. W. Chesh­ 07102. ire, Beaverton, Oreg. 97005. Applicant’s November 14, 1973. Applicant: ELTON N o t e .—The purpose of this partial repub­ P. BURis h , Route 2, Box 58A, Marathon, representative: Nick I. Goyak, .404 Ore­ lication is to correct the MC number to No. Wis. 54448. Applicant’s representative: gon National Bldg., Six Ten SW. Alder, MC 135713 (Sub-No. 2 TA), in lieu of No. Elton Burish (same address as above). Portland, Oreg. 97205. Authority sought MC 135173 (Sub-No. 2 TA), which was pub­ Authority sought to operate as a con­ to operate as a common carrier, by motor lished-in the F ederal R e g ister in error. The tract carrier, by motor vehicle, over ir­ vehicle, over irregular routes, transport­ rest of the application remains the same. regular routes, transporting: (1) Wood ing: General commodities in sea-going No. MC 138510 (Sub-No. 3 TA), filed chips, in bulk, from Wenos Lumber Com­ cargo containers, between ports of entry located in pregón and Washington, on November 19, 1973. Applicant: RICCI pany, Watersmeet (Gogebic County), the one hand, and, on the other, points TRANSPORTATION CO., INC., Odessa Mich., and American Can Company, in Oregon and Washington, restricted to and Aloe Streets, Pomona, N.J. 08240. Amasa (Iron County) Mich., to Wauasau Applicant’s representative: Kenneth R. the transportation of shipments having Davis, 999 Union Street, Taylor, Pa. Paper Mills Company, Inc., Brokaw, Wis., a prior or subsequent movement by wa­ 18517. Authority sought to operate as a dnd American Can Company, Rothschild ter through the ports and empty sea­ contract carrier, by motor vehicle, over (both in Marathon County) Wis.; going cargo containers, between points in irregular routes, transporting: Malt bev-

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33432 NOTICES

erages, In containers, from Latrobe, Pa., [Notice 164] quiring special equipment and those in­ to Atlantic City and Wildwood, N.J., fiAOTOR CARRIER TEMPORARY jurious or contaminating to other under a continuing contract with At­ AUTHORITY APPLICATIONS lading) between points in Ohio, on the lantic Beverage, for 150 days.' SUP­ one hand, and, on the other, Ft. Wayne, PORTING SHIPPER: Atlantic Beverage, N o v e m b e r 29,1973. Richmond, and Union City, Ind., for 150 2001-11 Baltic Avenue, Atlantic City, The following are notices of filing of days. N.J. SEND PROTESTS TO: Richard M. application, except as otherwise specifi­ N o te.—This application, does not involve Regan, District Supervisor, Interstate cally noted, each applicant states that service to any new points either to or from Commerce Commission, Bureau of Op­ there will beVio significant effect on the Ft. Wayne, Richmond, or Union City, Ind., erations, 428 East State Street, Room 204, quality of the human environment re­ and ,is filed for the sole purpose of the Trenton, N.J. 08608. sulting from approval of its application, elimination of the necessity of observing the for temporary authority under section present gateway point of Toledo, Ohio. Ap­ No. MC 139231 (Sub-No. 1 TA), filed 210a(a) of the Interstate Commerce Act plicant is presently engaged in substantial November 14/1973. Applicant: MOORE operations between Indiana points, and HORSE TRANSPORT, LTD., 84 Thom- provided for under the new rules of Ex points in Ohio and, therefore, the elimination lee Cr. N. W., Calgary, Alberta, Canada. Parte No. MC-67 (49 CFR Part 1131) of the gateway shall not result in service to Applicant’s representative: John R. Da­ published in the F ede r a l R e g is t e r , issue any new points or any different service from of April 27, 1965, effective July 1, 1965. that which has been conducted by applicant vidson, Rm. 805 Midland Bank Bldg., These rules provide that protests to the for a considerable period of time. The author­ Billings, Mont. 59101. Authority sought ity requested could be tacked at Richmond, to operate as a common carrier, by motor granting of an application must be filed with the field official named in the F e d ­ Union City or Fort Wayne, Ind., with the ex­ vehicle, over irregular routes, transport­ isting regular routes of applicant in Indiana era l R e g is t e r publication, within 15 cal­ ing: Race and show horses and equip­ and Illinois pursuant to the regular route ment, including tack, saddles, and race endar days after the date of notice of authority contained in MC 55896, particularly carts, between the International Bound­ the filing of the application is published sheets 1 through 8 of said lead certificate. in the F ederal R e g is t e r . One copy of Applicant does intend to tack. ary line between the United States and such protests must be served on the Canada located in Montana; Los An­ applicant, or its authorized representa­ SUPPORTING SHIPPER: R-W Serv­ geles, Calif.; and Phoenix, Ariz., for 180 tive, if any, and the protests must certify ice System, Inc., 20225 Goddard Road, days. SUPPORTING SHIPPERS: St. that such service has been made. The Taylor, Mich. 48180. SEND PROTESTS Georges Stable, Ltd., RR #8, Calgary, protests must be specific as to the service TO: District Supervisor Melvin F. Kirsch, Alberta, Canada; Chinook Stables, Ltd., which such protestant can and will offer, Interstate Commerce Commission, Bu­ RR #8, Calgary, Alberta, Canada; How­ and must consist of a signed original and reau of Operations, 1110 Broderick ard Laird, 320 Southampton Dr. S. W,, Tower, 10 Witherell, Detroit, Mich. 48226. Calgary, Alberta, Canada; Riteway Ap­ six (6) copies. plicators, 3621 Third St. N. E., Calgary, A copy of the application is on file, and No. MC 61396 (Sub-No. 258 TA), filed Alberta, Canada; W. H. Ripley, 880-407 can be examined at the Office of the November 20,1973. Applicant: HERMAN Eighth Ave. S. W., Calgary, Alberta, Can­ Secretary, Interstate Commerce Commis­ BROS., INC., P.O. Box 189, Downtown ada T2P 1E5; Lome Dupont, Okotoks, sion, Washington, D.C., and also in field Station, 2501 N. 11th Street, Omaha, Alberta, Canada; and Blue Court Stables, office to which protests are to be trans­ Nebr. 68110. Applicant’s representative: Ltd., RR #1, Didsbury, Alberta, Canada. mitted. J. R. Chesney (same address as above). Authority sought to operate as a common SEND PROTESTS TO: Paul J. Labahe, M o to r C a r r ie r s o f P r o p e r t y District Supervisor, Interstate Commerce carrier, by motor vehicle, over irregular Commission, Bureau of Operations, Rm. No. MC 2860 (Sub-No. 138 TA), filed routes, transporting: Gypsum rock, in 222 U.S. Post Office Bldg., Billings, Mont. November 21, 1973. Applicant: NATION­ bulk, in tank trucks, from Bestwall, 59101. AL FREIGHT, INC., 57 West Park Ave­ Kans., to Superior, Nebr., for 180 days. nue, Vineland, N.J. 08360. Authority SUPPORTING SHIPPER: Ideal Cement No. MC 139279 TA, filed November 19, sought to operate as a common carrier, Company, Division of Ideal Basic In­ 1973. Applicant: GUY CLAIBORNE, do­ by motor vehicle, over irregular routes, dustries, Inc., 821 17th St., Denver, Colo. ing business as CLAIBORNE GRAIN transporting: Containers, container ends, 80202. SEND PROTESTS TO: Carroll COMPANY, P.O. Box 162, Coyville, Kans. metal and accessories and materials, Russell, District Supervisor, Interstate 66727. Applicant’s representative: Lucy equipment, and supplies used in the man­ Commerce Commission, Bureau of Op­ Kennard Bell, 910 Fairfax Building, Kan­ ufacture, sales, and distribution of con­ erations, Suite 620, Union Pacific Plaza sas City, Mo. 64105. Authority sought to tainers (except commodities in bulk), Building, 110 North 14th Street, Omaha, operate as a contract carrier, by motor from Albany,'.N.Y., to Columbus and Nebr. 68102. vehicle, over irregular routes, transport­ Worthington, Ohio, for 180 days. SUP­ ing: Scaffolding and scaffolding prod­ PORTING SHIPPER: Continental Can No. MC 61692 (Sub-No. 17 TA) , filed ucts, ladders, personnel/material hoist Company, Inc., 633 Third Avenue, New November 20, 1973. Applicant: WARN­ towers, concrete forms and concrete han­ York, N.Y. 10017. SEND PROTESTS TO: ERS MOTOR EXPRESS, INC., West dling machinery, and shoring equipment, Richard M. Regan, District Supervisor, Country Club Road, Red Lion, Pa. 17356. between Uniontown and Allentown, Pa., Interstate Commerce Commission, Bu­ Applicant’s representative: Robert J. points in North Dakota, Nebraska, Kan­ reau of Operations, 428 East State Street, Gallagher, 1776 Broadway, New York, sas, Oklahoma, Missouri, and Illinois, Room 204, Trenton, N.J. 08608. N.Y. 10019. Authority sought to operate for 180 days. SUPPORTING SHIPPER: as a common carrier, by motor vehicle, Patent Scaffolding Company, a division No. MC 55896 (Sub-No. 43 TA), filed over irregular routes,, transporting: New of Harsco Corporation, 1927 Vine, Kan­ November 20, 1973. Applicant: R-W furniture, (A) from points in New Jer­ sas City, Mo. 64108. SEND PROTESTS SERVICE SYSTEM, INC., 20225 God­ sey, Delaware, and Maryland, to points TO: M. E. Taylor, District Supervisor, dard Road, Taylor, Mich. 48180. Appli­ in Pennsylvania, New York, Maine, New cant’s representative: Robert A. Sullivan, Hampshire, Massachusetts, Connecticut, Bureau of Operations, Interstate Com­ P.O, Box 400, Northville, Mich. 48167. Rhode Island, Virginia, West Virginia, merce Commission, 501 Petroleum Bldg., Authority sought to operate as a common North Carolina, South Carolina, Georgia, Wichita, Kans. 67202. carrier, by motor vehicle over irregular Florida, Ohio, Michigan, Illinois, Indi­ By the Commission. routes, transporting: General commodi­ ana, and the District of Columbia; (B) ties (except those of unusual value, from points in Illinois and Indiana, to J [ s e a l ] R o b e r t L. O s w a l d , Classes A and B explosives, household points in Pennsylvania, New Y o r k , Maine, Secretary. goods as defined by the Commission, New Hampshire, Massachusetts, Connect­ commodities in bulk, commodities re­ icut, Rhode Island, New Jersey, Dela-

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 NOTICES 33433 ware, Maryland, Virginia, West Virginia, Room T-9038 U.S. Postal Service Bldg., SUPPORTING SHIPPER: Pierce Pack­ North Carolina, Georgia, Florida, and the 701 Loyola Avenue, New Orleans, La. ing Company, Walter S. Pippenger, T.M., District of Columbia; (C) from points in 70113. 21 N. 15th Billings, Mont. SEND PRO­ TESTS TO: District Supervisor C. L. New York, Connecticut, and Massachu­ No. MC 108207 (Sub-No. 378 TA), filed setts, to points in Pennsylvania, Illinois, Phillips, Interstate Commerce Commis­ November 19, 1973. Applicant: FROZEN sion, Bureau of Operations, Rm. 240-Old Indiana, Michigan, Virginia, Ohio, West FOOD EXPRESS, 318 Cadiz Street, P.O. Virginia, New Jersey, and the District of P.O. Bldg., 215 NW. Third, Oklahoma Box 5888, Dallas, Tex. 75207. Applicant’s City, Okla. 73102. Columbia; (D) from points in Pennsyl­ representative: J. B. Ham (same address vania, to points in Maine, New York, New as above). Authority sought to operate as No. MC 112822 (Sub-No. 304 TA), filed Hampshire, Massachusetts, Rhode Is­ a common carrier, by motor vehicle, over November 19, 1973. Applicant: BRAY land, New Jersey, Maryland, Virginia, irregular routes, transporting: Food­ LINES INCORPORATED, 1401 N. Little West Virginia, the District of Columbia, stuffs and non-edible foods (except Street, P.O. Box 1191, Cushing, Okla. Illinois, Indiana, Michigan, Ohio, and commodities in bulk), from Logansport, 74023. Applicant’s representative: Rob­ Connecticut; (E) from points in Maine Ind., to points in Iowa, Missouri, Nebras­ ert A. Stone (same address as above). and New Hampshire, to points in New ka, Kansas, Arkansas, Mississippi, Texas, Authority sought to operate as a common York, Pennsylvania, New Jersey, the Dis­ Arizona, Minnesota, Oklahoma, Louisi­ carrier, by motor vehicle, over irregular trict of Columbia, Delaware, Maryland, ana, New Mexico, California, and Ten­ routes, transporting: Butter, from points Ohio, Virginia, West Virginia, Michigan, nessee, for 180 days. SUPPORTING in California and Arizona, to Omaha, Indiana, Illinois, North Carolina, South SHIPPER: Logansport Refrigerated Nebr.; Chicago, HI., and points in Wis­ Carolina, Georgia, and Florida; (F) from Services Division, Southern Michigan consin and Oklahoma, for 180 days. SUP­ points in North Carolina, to points in Il­ Cold Storage Company, RR #2, Box PORTING SHIPPER: Robert Digges, Jr., linois, Indiana, Michigan, Ohio, Rhode 94-C, Logansport, Ind. 46947. SEND Sales, Dairy Commodities, Mulligan Island, Delaware, West Virginia, Vir­ PROTESTS TO: Transportation Spe­ mMm Sales, Inc., 315 S. Mission Drive, ginia, and Maryland; (G) from points in cialist Gerald T. Holland, Interstate San Gabriel, Calif. 91776. SEND PRO­ South Carolina, Georgia, and Florida, to Commerce Commission. Bureau of Op­ TESTS TO: C. L. Phillips, District Super­ points in Maine, New Hampshire, Mas­ erations, 1100 Commerce Street, Room visor, Interstate Commerce Commission, sachusetts, Connecticut, Rhode Island, 13C12, Dallas, Tex. 75207. Bureau of Operations, Rm. 240, Old P.O. New York, New Jersey, Pennsylvania, Bldg., Oklahoma City, Okla. 73102. Maryland, the District of Columbia, Vir­ No. MC 111302 (Sub-No. 73 TA), filed ginia, West Virginia, Ohio, Michigan, In­ November 20, 1973. Applicant: HIGH­ No. MC 118806 (Sub-No. 32 TA), filed diana, Illinois, and Delaware; and (H) WAY TRANSPORT, INC., Off.: 1500 Am­ November 16, 1973. Applicant: ARNOLD from points in Virigina and West Vir­ herst Road, Mlg.: P.O. Box 10470, (Box BROS. TRANSPORT, LTD., 739 Lagimo- ginia, to points in Maine, New Hamp­ ZIP 37919), Knoxville, Tenn. 37921. Ap­ diere Blvd., Winnipeg, Manitoba, Canada. shire, New York, Massachusetts, Con­ plicant’s representative: Bob Whitaker Applicant’s representative: Daniel C. necticut, Rhode Island, New Jersey, the (same address as above). Authority Sullivan, Suite 1000, 327 South La Salle District of Columbia, Pennsylvania, Ohio, sought to operate as a common carrier, Street, Chicago, HI. 60604. Authority Michigan, Indiana, Illinois, Delaware, by motor vehicle, over irregular routes, sought to operate as a common carrier, and Maryland, for 180 days. transporting: Chemicals, in bulk, in tank by motor vehicle, over irregular routes, transporting: Such commodities as are Note.—The purpose of this application is vehicles, from points in Sevier County, to eliminate gateways.. Tenn., to points in Illinois and Ohio, for used in the manufacture of buses, from 180 days. Lima, Ohio, to the port of entry on the SUPPORTING SHIPPERS: American International Boundary line between the N o t e .—Applicant intends to tack the au­ Acme Company, Emlgsville, Pa. 17318; thority here applied for to MC 111302 and United States and Canada at Noyes, Sieling Company, Railroad, Pa. 17355; subs thereto. Minn., for 180 days. SUPPORTING Thonet Industries, Inc., 491 E. Princess SHIPPER: Sheller-Globe Corporation, Street, York, Pa. 17405; Cole, Division SUPPORTING SHIPPER: Activated Lima, Ohio 45801. SEND PROTESTS Litton Industries, Loucks Mill Road, Metals & Chemicals, Inc., P.O. Box 32, TO: J. H. Ambs, District Supervisor, York, Pa.; Institutional Cabinets, Inc., Sevierville, Tenn. 37862. SEND PRO­ Interstate Commerce Commission, Bu­ Reading, Pa.; Tradition House, Inc. TESTS TO: Joe J. Tate, District Super­ reau of Operations, P.O. Box 2340, Fargo, Furniture Mfg., 482 High Street, P.O. Box visor, Interstate Commerce Commission, N. Dak. 58102. 114, Hanover, Pa. 17331; and Emeco In­ Bureau of Operations, 803 #1808 West dustries, Inc., 805 Elm Avenue, Hanover, End Building, Nashville, Tenn. 37203. No. MC 124073

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 No. 232—Pt. I-----7 33434 NOTICES

cester, Southboro, Fall River, Ludlow, No. MC 138104 (Sub-No. 6 TA) (COR­ as a common carrier, by motor vehicle Brighton, Brockton, Chicopee, Everett, RECTION) , filed October 25, 1973, pub­ over irregular routes, transporting: Medford, Norton, Raynham, and Water- lished in the F ederal R egister issue of House trailers, from Wilkes-Barre, Pa.; town, Mass.; Manassus, Alexandria, Win­ November 21, 1973, and republished as Mechanicsburg (Cumberland Co.) Pa!’; chester, Norfolk, Richmond, and Roan­ corrected this issue. Applicant: MOORE and Horseheads, N.Y., to Forest Park, oke, Va.; Charleston and Mt. Clare, W. TRANSPORTATION CO., INC., 3509 N. Ga.; Richmond, Ky.; Granite City, Hi.; Va.; Washington, D.C.; and Baltimore, Grove, Fort Worth, Tex. 76106. Appli­ Greenville, Miss.; and Bastrop, Tex., and Md., with no transportation for compen­ cant’s representative: Bernard H. Eng­ restricted to transportation services to sation on return except as otherwise au­ lish, 6270 Firth Road, Fort Worth, Tex. be performed for the United States De­ thorized, for 180 days. SUPPORTING 76116. partment of Housing and Urban Devel­ SHIPPER: Glidden-Durkee Division of N o t e .—The purpose of this partial repub­ opment, for 180 days. SUPPORTING SCM Corporation, 900 Union Commerce lication is to correct the destination point as SHIPPER: Department of Housing & Bldg., Cleveland, Ohio 41115. SEND PRO­ Barnwell County, S.C., in lieu of Barnwell, Urban Development, Director, Emer­ TESTS TO: District Supervisor Joel S.C„ which was published in the F ederal gency Preparedness Staff, 45 i 7th St. Morrows, Bureau of Operations, Inter­ R e g ister in error. The rest of the application SW., Washington, D.C. 20410. SEND state Commerce Commission, 9 Clinton remains the same. PROTESTS TO: Keith D. Warner, Dis­ Street, Newark, N.J. 07102. No. MC 138375 (Sub-No. 10 TA), filed trict Supervisor, Interstate Commerce No. MC 129631 (Sub-No. 40 TA), filed November 20, 1973. Applicant: J. H. Commission, Bureau of Operations, 313 November 20, 1973. Applicant: PACK WARE TRUCKING, INC., 909 Brown Federal Office Bldg., 234 Summit St., TRANSPORT, INC., 39755 2d Street, Salt Street, P.O. Box 398, ^Fulton, Mo. 65251. Toledo, Ohio 43604. Lake City, Utah 84107. Applicant’s rep­ Applicant’s representative: Larry D. No. MC 139281 TA, filed November 19, resentative: Max D. Eliason, P.O. Box Knox, 9th Floor Hubbell Building, Des 1973. Applicant: THOMAS I. SWAT- 2602, Salt Lake City, Utah 84110. Au­ Moines, Iowa 50309. Authority sought to ZELL, doing business as TOMMY’S thority sought to operate as a common operate as a contract carrier, by motor TRANSIT, P.O. Box 729, Homer, Alaska carrier, by motor vehicle, over irregular vehicle, over irregular routes, transport­ 99603. Applicant’s representative: A. routes, transporting: Gypsum wallboard, ing: Meat, meat products, and meat by­ Robert Hahn, Jr., 542 West Second Ave­ lath and plaster, from Blue Diamond, products, fromhSt. Joseph, Mo., to Phila­ nue, Anchorage, Alaska 99501. Authority Clark County, Nev., to points in Utah, delphia, Pa., for 180 days. SUPPORTING sought to operate as a common carrier, for 180 days. SUPPORTING SHIPPER: SHIPPER: Dugdale Packing Company, by motor vehicle, over irregular routes, The Flintkote Company, P.O. Box 2312, Traffic Manager, Robert Miller, 11th and transporting: Timber cants, between all Terminal Annex, Los Angeles, Calif. Belle Streets, P.O. Box 697, St. Joseph, points on the Kenai Peninsula, Alaska, 90051. SEND PROTESTS TO: District Mo. 64502. SEND PROTESTS TO: for 180 days. SUPPORTING SHIPPER: Supervisor Lyle D. Heifer, Interstate Vernon V. Coble, District Supervisor, In­ Westemess, Inc., P.O. Box 162, Anchor Commerce Commission, Bureau of Op­ terstate Commerce Commission, Bureau Point, Alaska 99556. SEND PROTESTS erations, 5239 Federal Building, 125 of Operations, 600 Federal Office Build­ TO: District Supervisor Hugh H. Chaffee, South State Street, Salt Lake City, Utah ing, 911 Walnut Street, Kansas City, Mo. Interstate Commerce Commission, Bu­ 84138. 64106. reau of Operations, Room G-31 Federal No. MC 135877 (Sub-No. 13 TA) No. MC 138732 (Sub-No, 1 TA), filed Building, P.O. Box 1532, Anchorage, (AMENDMENT), filed October 17, 1973, November 19, 1973. Applicant: OSTER- Alaska 99510. published in the F ederal R egister issue KAMP TRUCKING, INC., 128 East Ka- By the Commission. of November 6, 1973, and republished as tella, Orange, Calif. 92667. Applicant’s amended this issue. Applicant: RONALD representative: Jerry Solomon Berger, [seal] R obert L. Oswald, R. BRADER, doing business as SPE­ 9454 Wilshire Boulevard Penthouse, Secretary. CIALIZED TRUCKING SERVICE, 1508 Beverly Hills, Calif. 90212. Authority [FR Doc.73-25657 Filed 12-3-73:8:45 am] South 4th Avenue, Yakima, Wash. 98902. sought to operate as a common carrier, Applicant’s representative: Ronald R. by motor vehicle, over irregular routes, Brader (same address as above). transporting: Materials, equipment, [Rev. S.O. 994; I.C.C. Order 88, Amdt. 4] PENN CENTRAL TRANSPORTATION CO. N o t e .—The purpose of this partial repub­ parts, and supplies (other than bulk) lication is to add an additional supporting used in the harvesting, cultivating, and Rerouting or Diversion of Traffic shipper. The supporting shipper is Brock- distribution of agricultural commodities, way-Glass Company, Incorporated, 8717 G between points in California, on the one Upon further consideration of I.C.C. Street, Oakland, Calif. The rest of the appli­ hand, and, on the other, points in Ari­ Order No. 88 (Penn Central Transpor­ cation will remain the same. zona, for 180 days. SUPPORTING tation Company, George P. Baker, Rich­ No. MC 136161 (SUb-No. 6 TA), filed SHIPPERS: Bruce Church, Inc., P.O. ard C. Bond, and Jervis Langdon, Jr., November 19, 1973. Applicant: ORBIT Box 599, Salinas, Calif. 93901; Boise Cas­ Trustees) and good cause appearing TRANSPORT, INC., Mlg: P.O. Box 163, cade Corporation, Transportation and therefor:- Spring Valley, HI. 61362, and Off: 500 Distribution Dept., P.O. Box 7747, Boise, It is ordered, That: Canal Street, La Salle, 111. 61301. Appli­ Idaho 83707; The Garin Company, P.O. I.C.C. Order No. 88 be, and it is cant’s representative: William B. Wel- Drawer 1731, Salinas, Calif. 93901; Eady hereby, amended by substituting the fol­ bers (same address as above). Author­ and Associates, P.O. Box 2040, El Centro, lowing paragraph (g) for paragraph (g) ity sought to operate as a common car­ Calif. 92243; and Western Kraft Corpo­ thereof: rier, by motor vehicle, over irregular ration, 19615 East Susana Road, Comp­ (g) Expiration date. This order shall routes, transporting: Shower bath stalls, ton, Calif. 90221. SEND PROTESTS TO: expire at 11:59 p.m., April 30, 1974, un­ plastic, without frames or doors, with re­ District Supervisor Philip Yallowitz, In­ less otherwise modified, changed, or ceptors molded to walls, from Evendale, terstate Commerce Commission, Bureau suspended. Ohio, to points in Illinois, fdr 180 days. of Operations, 300 North Los Angeles It is further ordered, That this SUPPORTING SHIPPER: Robert C. Street, Room 7708, Los Angeles, Calif. amendment shall become effective at Schiller, General Traffic Manager, Pow­ 90012. 11:59 p.m., November 30, 1973, and that ers Regulator Company, 3400 Oakton No. MC 139132 (Sub-No. 2 TA), filed this order shall be served upon the Asso­ Street, Skokie, 111. 60076. SEND PRO­ November 19,1973. Applicant: BRUCE L. ciation of American Railroads, Car TESTS TO: District Supervisor Richard MEILINK, doing business as MOBILE Service Division, as agent of all railroads K. Shullaw, Interstate Commerce Com­ subscribing to the car service and car HOUSING SERVICES CO., 2570 East- hire agreement under the terms of that mission, Bureau of Operations, Everett gate Road, Box 12, Toledo, Ohio 43614. agreement, and upon the American McKinley Dirksen Building, 219 S. Dear­ Applicant’s representative: Michael Mar­ Short Line Railroad Association; and born Street, Room 1086, Chicago, 111. shall Briley, 1200 Edison Plaza, Toledo, that it be filed with the Director, Office 60604. Ohio 43604. Authority sought to operate of the Federal Register.

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 NOTICES 33435 Issued at Washington, D.C., Novem­ Railway Company) and good cause ap­ sion, as agent of all railroads subscribing ber 26,1973. pearing therefor: to the car service and car hire agree­ I nterstate Commerce It is ordered, That: ment under the terms of that agreement, Commission, I.C.C. Order No. 110 be, and it is and upon the American Short Line Rail­ [seal] R. D. P fahler, hereby, amended by substituting the fol­ road Association; and that it be filed Agent. lowing paragraph (g) for paragraph (g) with the Director, Office of the Federal thereof : Register. [FR Doc.73-25654 Filed 12-3-73;8:45 am] (g) Expiration date. This order shall expire at 11:59 p.m., December 31, 1973, Issued at Washington, D.C., Novem­ unless otherwise modified, changed, or ber 26, 1973. [Rev. S.O. 994; I.C.C. Order 110, Arndt. 3] suspended. r It is further ordered, That this amend­ I nterstate Commerce ST. LOUIS-SAN FRANCISCO RAILWAY CO. Commission, ment shall become effective at 11:59 p.m., [seal] R. D. P fahler, Rerouting or Diversion of Traffic November 30, 1973, and that this order Upon further consideration of I.C.C. shall be served upon the Association of Agent. Order No. 110 (St. Louis-San Francisco American Railroads, Car Service Divi­ [FR Doc.73-25653 Filed 12-3-73;8:45 am]

FEDERAI REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33436 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— DECEMBER

The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during December.

5 CFR 16 CFR 30 CFR 13______33277, 33279 75_ 33397 P roposed R ules: 1700______33280 38 CFR 731______33315 P roposed R ules: 21 1508______33405 ;_____ 33303 7 CFR 40 CFR 17 CFR 52— — ____—: 871______- ______33273 210-______33282 33368 1464__1______:______33276 166______33303 180______33398 P roposed R ules: 19 CFR 33284 P roposed R ules: 818______- ______33400 406______33438 909______33400 21 CFR ^ 928______33400 1__ 33284 45 CFR P roposed R ules: 206____ 33380 9 CFR 1000______33313 248____ 33380 P roposed R ules: 249— 33383 317______33308 25 CFR 47 CFR P roposed R ules: 381______•_ 33308 1______33302 60_____ - ______33401 76______33398 14 CFR 153______— 33402 95______33302 P roposed R ules: 39______33391 26 CFR 73______33405, 33406 71______33277, 33391-33394 1______33290, 33395 73______k____ 33394 601______— ______33300 49 CFR 75______— 33394 1033______33302, 33399 29 CFR P roposed R ules: 1910______— ______33397 P roposed R ules : 71______33404 1926______33397 567___ .______33404

FEDERAL REGISTER PAGES AND DATE— DECEMBER 33267-33383______Dec. 3 33385-33445______4

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 TUESDAY, DECEMBER 4, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 232

PART II

ENVIRONMENTAL PROTECTION AGENCY

EFFLUENT LIMITATIONS GUIDELINES

Grain Mills

« 33438 PROPOSED RULES

ENVIRONMENTAL PROTECTION essing subcategory (Subpart F), of the for the purpose of determining whether AGENCY grain mills category. separate limitations and standards are (2) New sources. Section 306 of theappropriate for different segments [ 40 CFR Part 406 ] Act requires the achievement by new within the category. This analysis in­ EFFLUENT LIMITATIONS GUIDELINES FOR sources of a Federal standard of per­ cluded a determination of whether dif­ EXISTING SOURCES AND STANDARDS formance providing for the control of ferences in raw material used, product OF PERFORMANCE AND PRETREAT­ the discharge of pollutants which re­ produced, manufacturing process em­ MENT STANDARDS FOR NEW SOURCES flects the greatest degree of effluent re­ ployed, age, size, waste water constitu­ Grain Mills Point Source Category duction which the Administrator deter­ ents and other factors require develop­ mines to be achievable through applica­ ment of separate limitations and stand­ Notice is hereby given that effluent tion of thè best available demonstrated ards for different segments of the point limitations guidelines for existing sources control technology, processes, operating source category. The raw waste charac- and standards of performance and pre­ methods, or other alternatives, includ­ terisics for each such segment were then treatment standards for new sources set ing, where practicable, a standard per­ identified. This included an analysis of forth in tentative form below are pro­ mitting no discharge of pollutants. (1) the source, flow and volume of water posed by the Environmental Protection Section 306(b)(1)(B) of the Act re­ used in the process employed and the Agency (EPA) for the com wet milling quires the Administartor to propose reg­ sources of waste and waste waters in the subcategory (Subpart A), the corn dry ulations establishing Federal standards operation ; and (2) the constituents of all milling subcategory (Subpart B), the of performance for categories of new waste water. The constituents of the normal wheat flour milling subcategory sources included in a list published pur­ waste waters which should be subject to (Subpart C), the bulgur wheat flour suant to section 306(b)(1)(A) of the effluent limitations guidelines and stand­ milling subcategory (Subpart D), the Act. The Administrator published in the ards of performance were identified. normal rice milling subcategory (Sub­ F ederal R egister of January 16, 1973 The control and treatment technolo­ part E ), and the parboiled rice process­ (38 FR 1624) a list of 27 source cate­ gies existing within each segment were ing subcategory (Subpart F ), of the grain gories, including the grain mills manu­ identified. This included an identifica­ mills category of point sources pursuant facturing category. The regulations pro­ tion of each distinct control and treat­ to sections 301, 304 (b) and (c), 306(b) posed herein set forth the standards of ment technology, including both in-plant and 307(c) of the Federal Water Pollu­ performance applicable to new sources and end-of-process technologies, which tion Control Act, as amended (33 U.S.C. for the com wet milling subcategory are existent or capable of being designed 1251,1311,1314 (b) and (c), 1316(b) and (Subpart A), the com dry milling sub­ for each segment. It also included an 1317(c); 86 Stat. 816 et seq,; Pub. L. category (Subpart B ), the normal wheat identification of, in terms of the amount 92-500) (the “Act”). flour milling subcategory (Subpart C), of constituents and the chemical, physi­ (a) Legal authority.—(1) Existing the bulgur wheat flour milling subcate­ cal, and biological characteristics of pol­ point sources. Section 301(b) of the Act gory (Subpart D ), the normal rice mill­ lutants, the effluent level resulting from requires the achievement by not later ing subcategory (Subpart E), and the the application of each of the technolo- than July 1, 1977, of effluent limitations parboiled rice processing subcategory .gies. The problems, limitations and re­ for point sources, other than publicly (Subpart F ), of the grain mills category. liability of each treatment and control owned treatment works, which require Section 307(c) of the Act requires the technology were also identified. In addi­ the application of the best practicable Administrator to promulgate pretreat­ tion, the nonwater-quality environmen­ control technology currently available as ment standards for new sources at the tal impact, such as the effects of the ap­ defined by the Administrator pursuant to same time that standards of perform­ plication of such technologies upon other -section 304(b) of the Act. Section 301(b) ance for new sources are promulgated also requires the achievement by not pollution problems, including air, solid pursuant to section 306. Sections 406.15, waste, noise and radiation, was identi­ later than July 1, 1983, of effluent limi­ 406.25, 406.35, 406.45, 406.55, and 406.65, fied. The energy requirements of each tations for point sources, other than pub­ proposed below provide pretreatment licly owned treatment works, which re­ control and treatment technology were standards for new sources within the determined as well as the cost of the ap­ quire the application of best available com wet milling subcategory (Subpart technology economically achievable plication of such technologies. A), the com dry milling subcategory The information, as outlined above, which will result in reasonable further (Subpart B ), the normal wheat flour progress toward the national goal of was then evaluated in order to determine milling subcategory (Subpart C), the what levels of technology constitute the eliminating the discharge of all pollu­ bulgar wheat flour milling subcategory tants, as determined in accordance with “best practicable control technology (Subpart D), the normal rice milling currently available,” “the best availa­ regulations issued by the Administrator subcategory (Subpart É), and the par­ pursuant to section 304(b) of the Act. ble technology economically achievable” boiled rice processing subcategory (Sub­ and the “best available demonstrated Section 304(b) of the Act requires the part F ), of the grain mills category. Administrator to publish regulations control technology, processes, operating providing guidelines for effluent limita­ Section 304(c) of the Act-requires the methods, or other alternatives.” In iden­ tions setting forth the degree of effluent Administrator to issue to the States and tifying such technologies, various factors reduction attainable through the appli­ appropriate water pollution control were considered. These included the cation of the best practicable control agencies information on the processes, total cost of application of technology in technology currently available and the procedures or operating methods which relation to the effluent reduction bene­ degree of effluent reduction attainable result in the elimination or reduction of fits to be achieved from such applica­ through the application of the best con­ the discharge of pollutants to imple­ tion, the age of equipment and facilities trol measures and practices achievable ment standards of performance under involved, the process employed, the en­ including treatment techniques, process section 306 of the Act. The Development gineering aspects of the application of Document referred to below provides, various types of control techniques, proc­ and procedure innovations, operating pursuant to section 304(c) of the Act, ess changes, nonwater-quality environ­ methods and other alternatives. The reg­ information on such processes, proce­ mental impact (including energy re­ ulations proposed herein set forth ef­ dures or operating methods. quirements) and other factors. fluent limitations guidelines, pursuant to (b) Summary and Basis of Proposed The data upon which the above anal­ section 304(b) of the Act, for the com Effluent Limitations Guidelines for Ex­ ysis was performed included EPA permit wet milling subcategory (Subpart A ), the isting Sources and Standards of Per­ applications, EPA sampling and inspec­ com dry milling subcategory (Subpart formance and Pretreatment Standards tions, consultant reports, and industry B ), the normal wheat flour milling sub­ for New Sources. ' submissions. category (Subpart C), the bulgur wheat (1) General methodology. The effluent The pretreatment standards proposed j limitations guidelines and standards of herein are intended to be complementary J flour milling subcategory (Subpart D), performance proposed herein were de­ to the pretreatment standards proposed the normal rice milling subcategory veloped in the following manner. The for existing sources under Part 128 of (Subpart E), and the parboiled rice proc­ point source category was first studied this Title. The basis for such standards

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 PROPOSED RULES 33439 is set forth in the F ederal Register of process separates the germ and bran only a few are cleaning with water. Ordi­ July 19. 1973, 38 FR 19236. The provi­ from the flour. narily there is no process waste water sions of Part 128 are equally applicable (4) Subpart D—Bulgur Wheat Flour generated. to sources which would constitute “new Milling Subcategory: Bulgur production (4) Subpart D—Bulgur Wheat Flour sources,” under section 306 if they were differs from normal wheat flour milling Milling Subcategory: The few bulgur to discharge pollutants directly to navi­ in that the wheat is parboiled, and dried wheat mills in the United States generate gable waters, except for § 128.133. That before milling. small quantities of waste water (.01 to section provides a pretreatment stand­ (5) Subpart E—Normal Rice Milling .03 mgd) and all of them discharge to ard for “incompatible pollutants” which Subcategory: Milling of rice differs from municipal systems. The waste waters requires application of the “best practi­ other cereal milling in that the product contain only moderately high BOD5 and cable control technology currently avail­ is the whole grain rather than flour or suspended solids which result from the able,” subject to an adjustment for meal. Rough rice is first cleaned and then steaming and cooking operations. amounts of pollutants removed by the milled to remove hulls, bran and germ. (5) Subpart E—Normal Rice Milling publicly owned treatment works. Since The polished rice is then enriched with Subcategory: Normal rice milling is a the pretreatment standards proposed vitamins and minerals before packaging. dry process and does not generate waste herein apply to new sources, §§406.15, Rice hulls, bran, polish and small pieces water. 406.25, 406.35, 406.45, 406.55, and 406.65 of the grain may be sold separately or (6) Subpart F—Parboiled Rice Proc­ below amend § 128.133 to require appli­ combined into so called mill-feed for essing Subcategory: Parboiled rice pro­ cation of the standard of performance animals. duction involves dry cleaning of the rice, for new sources rather than the “best (6) Subpart F—Parboiled Rice Proc­ steeping, cooking, drying, cooling, and practicable” standard applicable to ex­ essing Subcategory: The production of finally milling. Waste waters are gener­ isting sources under sections 301 and 304 parboiled rice differs from normal rice ated in small amounts (0.1 mgd) from (b) of the Act. milling only in the soaking and cooking the steeping, cooling and drying opera­ (2) Summary of conclusions with re­ operations known as parboiling. tions, and the waste may be character­ spect to the com wet milling subcate­ (ii) Waste Characteristics. The signif­ ized as having a high soluble BOD5 and gory (Subpart A), the com dry milling icant pollutant parameters contained in low suspended solids level. The average subcategory (Subpart B), the normal waste waters resulting from the milling BOD5 loading is 0.18 lbs/cwt. wheat flour milling subcategory (Sub­ and processing of grain are BOD5, total (iv) Treatment and control technology part C), the bulgur wheat flour milling suspended nonfilterable solids, and pH. techniques. Treatment techniques for subcategory (Subpart D), the normal These parameters, if controlled to the grain milling wastes are tried and proven rice milling subcategory (Subpart E), extent described in these proposed regu­ biological treatment systems. Bulking and the parboiled Tice processing sub­ lations, will adequately control the major problems have existed in the past with category (Subpart F ), of the grain mills organic and inorganic pollutants. Other some of these high strength wastes due category. pollutants which are discharged by grain to surges in both strength and volumes (i) Categorization. For the purpose of mills are dissolved solids, nitrogen, phos­ of process waste waters, and changes in establishing effluent limitations guide­ phorus and temperature. The nutrients product mix and pH. With proper de­ lines and standards of performance, the are present in concentrations equal to sign of equalization basins, aeration grain mills category was subcategorized or less than that found in municipal tanks, in plant control, etc., bulking into: Com wet milling, com dry milling, waste waters. Moderate amounts of dis­ problems should be greatly minimized. normal wheat flour milling, bulgur wheat solved solids are present in com wet mill­ (v) Treatment and control technology flour milling, normal rice milling, and ing wastes. As for temperature, process within subcategories. Waste water treat­ parboiled rice processing. Two factors waste waters, when treated, require ment and control technologies have been namely raw materials and production either cooling before treatment or are studied for each subcategory of the in­ processes, provided a basis for subcate­ normally cooled by aeration during treat­ dustry to determine what is (a) the best gorization. Factors such as age, size of ment. practicable control technology currently plant, waste characteristics and waste (iii) Origin of waste water pollutants available, (b) tide best available tech­ control technologies were considered not in the grain processing subcategories. (1) nology economically achievable, and (c) to justify further segmentation of the Subpart A—Com Wet Milling Subcate­ the best available demonstrated control industry. gory: Com wet milling uses more water technology, processes, operating meth­ (1) Subpart A—Com Wet Milling Sub­ and generates more waste water than ods or other alternatives. category: Corn wet milling has the most any other grain milling process. The (1) Treatment in com wet milling complex operations of any of the grain major waste contributions are: Conden­ subcategory: The best practicable con­ milling subcategories. The processing be­ sates from steepwater evaporation, cool­ trol technology currently available in­ gins with dry cleaning of the shelled ing water from once-through barometric volves a combination of in-plant changes com, followed by softening of the kernels condensers, waste water from modified and end-of-pipe treatment. Discharge of in the steeping process, and then wet starch production, and waste water from once-through barometric cooling water willing. The latter operation separates activated carbon and ion exchange and should be eliminated by recirculating the germ, starch, gluten and hulls. Fur­ evaporation of syrup in the syrup refin­ over cooling towers or by replacing the ther wet processing may be used to pro­ ing operation. Raw waste waters dis­ barometric condensers with surface con­ duce corn oil, regular and modified charged from wet com milling plants densers. If cooling towers are used, the starches, com syrup, dextrose and ani­ range from 0.75 to 30 mgd. The average blowdown should be sent to the treat­ mal feed. amount of BOD5 in these discharges is ment system. In the case of surface con­ (2) Subpart B—Com Dry Milling Sub­ 415 lbs/MSBu. densers, the condensate should be category: Corn dry milling differs in al­ (2) Subpart B—Corn Dry Milling Sub­ treated. To reduce carry over of organics most all respects from wet milling except category: The waste waters generated in in evaporators, modem entrainment sep­ in the raw materials used. After the this subcategory are from the washing of arators should be installed in steepwater com is washed only dry processes are com and car washing. The wash water is and syrup evaporators. Treatment of used to produce the final products: corn normally screened or settled to recover process waste waters should include meal, grits, flour, oil and animal feed. solids for feed, and then it is discharged equalization, neutralization, biological (3) Subpart C—Normal Wheat Flour from the plant. Most corn dry mills dis­ treatment and solids separation. Milling Subcategory: Preparation of charge to municipal systems. The maxi­ The requirements for the best avail­ wheat into ground flour or granular prod­ mum discharge from com dry milling able technology economically achievable ucts is fundamentally a dry milling proc­ plants is about 0.24 mgd. The raw waste include increased water reuse at all ess, which distinguishes it from the pro­ water BOD5 values are about 60 lbs/ plants over and above the current prac­ duction of bulgur flour. After cleaning MSBu. tice, improved solids recovery at indi­ with water or air, moisture is added in a (3) Subpart C—Normal Wheat Flour vidual waste sources, and deep bed filtra­ tempering process with no water dis­ Milling Subcategory: Of the more than tion of treated waste water for additional charged, followed by dry milling. This two hundred plants in this subcategory, solids removal.

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33440 PROPOSED RULES New source performance standards are for the best practicable control tech­ percent, plant closures attributable to the same as for the best available tech­ nology currently available. Since only the suggested guidelines appear improb­ nology economically achievable. four wet corn mills are affected and they able. As a result, employment and com­ (2) Treatment in com dry milling sub­ all have treatment installations in place, munity impacts are minimal. No balance category: The best practicable control the added costs to meet the. limitations of trade problems exist. technology currently available for the will be less than the cost quoted in each Of all the subcategories, corn wet mill- corn dry milling subcategory is essen­ case. One of these mills presently meets ing is the most affected by the recom- ; tially biological treatment followed by the effluent level achievable by applica­ mended effluent standards. Only 5 of 171 solids separation. Little can be done to tion of the best practicable control tech­ existing plants currently discharge di- i reduce the waste load in-plant since the nology currently available. rectly to surface waters. One of these will: waste water is generated almost exclu­ The power requirements for the ap­ be discharging to a municipal system in sively in com washing. Car washing plication of the best practicable control the near future. The other 4 plants rep­ waters should be piped to the treatment technology currently available for a resent 23 percent of industry capacity. ■ system. medium sized com wet mill plant are These plants may increase prices 1.2-1.9 Solids separation represents the addi­ estimated to be 450kw (600 hp). percent to cover pollution controls. How­ tion that must be made to the best prac­ The investment costs of the recom­ ever, due to the competitiveness of the ticable control technology currently mended best practicable control tech­ industry, the few firms who must treat available to meet the requirements of nology currently available for a typical their own wastes will probably have dif­ best available technology economically plant in each of the other subcategories ficulty passing on their costs fully. The achievable. are as follows: final effect may be a mild curtailment of The new source performance stand­ Corn dry milling____,______$291,000 industry growth. ards require the same level of technology Bulgur wheat flour______24, 000 The report entitled “Development Doc­ as the best available technology econom­ Parboiled rice.______313,000 ument for Proposed Effluent Limitations ically achievable. Guidelines and New Source Perform­ (3) Treatment in normal wheat flour No significant energy requirements are ance Standards for the Grain Processing milling subcategory: The best practic­ involved. The investment cost of apply­ Segment of the Grain Mills Point Source able control technology currently avail­ ing the recommended best available Category” details the analysis under­ able for normal wheat milling is no dis­ technology economically achievable for taken in support of the regulations be­ charge of process waste water pollutants a typical plant in each of the subcate­ ing proposed herein and is available for to navigable waters. Where wet Cleaning gories is shown below: inspection in the EPA Information Cen­ methods are used, dry cleaning of grain These costs include those for applying ter, Room 227, West Tower, Waterside can be instituted. the best practicable control technology Mall, Washington, D.C., at all EPA re­ Best available technology economically currently available. gional offices, and at State water pollu­ achievable and new source performance Corn wet milling_____ ‘_____ $2, 832,000 tion control offices. A supplementary an­ standards also involve no discharge of Corn dry milling______,_ 323,000 alysis prepared for EPA of the possible process waste water pollutants to navig­ Bulgur wheat flour______•_____ 93, 000 economic effects of the proposed regula­ able waters. Parboiled rice______342, 000 tions is also available for inspection at (4) Treatment in bulgur wheat flour No significant additional energy require­ these locations. Copies of both of these milling subcategory: For .bulgur wheat ments over the best practicable control documents are being sent to persons or flour milling the best practicable control technology currently available will be institutions affected by the proposed reg­ technology currently available is biologi­ necessary to apply the best available ulations, or who have placed themselves cal treatment comparable to activated technology economically achievable. on a mailing list for this purpose (see sludge followed by solids separation. (vii) Establishing daily maximum lim­ EPA’s Advance Notice of Public Review Best available technology economically itations. The daily maximum limitations Procedures, 38 FR 21202, August 6,1973). achievable may be obtained by addition for the effluent characteristics for each An additional limited number of copies of solids filtration to the best practicable subcategory with allowable discharges of both reports are available. Persons control technology currently available. are 3.0 times the 30-day limitations. wishing to obtain a copy may write the This level of treatment will also meet These limitations take into account the EPA Information Center, Environmental the new source performance standards. variability of raw waste loads and re­ Protection Agency, Washington, D.C. (5) Treatment in normal rice milling sultant effluents in the grain mills cate­ 20460. Attention: Mr. Philip B. Wisman. subcategory: The best practicable con­ gory. They were based on an analysis (c) Summary of public participation. trol technology currently available for of the data gathered during the prepa­ Prior to this publication, the agencies normal rice milling is no discharge of ration of the Development Document. and groups, listed below were consulted process waste water pollutants to navig­ (viii) Nonwater quality environmen­ and given an opportunity to participate able waters. tal impact. The principal nonwater in the development of effluent limitations Best available technology economically quality environmental impact attributa­ guidelines and standards p ro p o sed for achievable and new source performance ble to the control and treatment tech­ the grain mills manufacturing category. standards also involve no discharge of nologies proposed is disposal as a solid All participating agencies have been in­ process waste water pollutants to navig­ waste of the sludge generated from the formed of project developments. An ini­ able waters. biological treatment systems. Several tial draft of the Development D ocum ent (6) Treatment in parboiled rice proc­ avenues are available for the disposal of was sent to all participants and com­ essing subcategory: The best practicable these solids including digestion and land­ ments were solicited on that rep o rt. The control technology currently available in fill, incineration, and other conventional following are the principal agencies and parboiled rice processing is biological methods for handling biological solids. groups consulted: (1) Effluent Standards treatment comparable to activated sludge Corn wet milling generates the greatest and Water Quality Information Advi­ followed by solids separation. amounts of sludge of any of the subcate­ sory Committee (established under sec­ Best available technology economically gories.. It is known that several plants tion 515 of the Act); (2) all S ta te and achiévable and new source performance return these solids to the process stream, U.S. Territory Pollution Control Agen­ standards may be obtained by addition presumably for animal feed. Several cies; (3) New England Interstate Water of solids filtration to best practicable methods for accomplishing this can be Pollution Control Commission; (4) Ohio technology currently available. suggested including centrifugation, vac­ River Valley Sanitation Commission; (5) (vi) Cost and energy requirements. Theuum filtration, and direct addition to Delaware River Basin Commission; W cost and energy requirements of the rec­ evaporators. American Society of Mechanical Engi­ ommended technologies have been in­ (ix) Economic impact analysis. A neers; (7) American Society of Chem ical vestigated. In the Com wet milling sub­ study conducted by EPA has concluded Engineers; (8) Hudson River Sloop Res* category, the investment costs for a typi­ that although there could be pressure on toration, Inc.; (9) Conservation Founda­ cal size plant (60,000 standard bushels/ prices in one subcategory of the grain tion; (10) Environmental Defense Fund; day) are $2,544,000 exclusive of land cost mills point source category of nearly 2.0 (11) Natural Resources Defense Council;

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 PROPOSED RULES 33441

(12) Water Pollution Control Federa­ in the Development Document. If the available, or which may be relied tion; (13) National Wildlife Federation; latter cost figures based on 1971 dollars upon by the Agency, comments should (14) ' US. Department of Commerce;are adjusted to present costs, the invest­ identify and, if possible, provide any (15) U.S. Department of Inferior; (16) ment cost is only 11 percent less than additional data which may be available Water Resources Council; (17) U.S. De­ the industry estimate. This difference and should indicate why such data is partment of Agriculture; (18) U.S. De­ is mainly due to the costs of in-plant essential to the development of the reg­ partment of Health, Education, and Wel­ controls. Cost estimates for in-plant ulations. In the event comments address fare; (19) Com Refiners Association, controls were not included for the hypo­ the approach taken by the agency in Inc.; (20) American Com Millers Fed­ thetical plant used in the Development establishing an effluent limitation guide­ eration; (21) Rice Millers Association; Document. This plant was assumed to line or standard of performance, EPA (22) Miller’s National Federation; (23) have good in-plant control practices, a solicits suggestions as to what alterna­ National Soft Wheat Millers Association; situation which exists at many grain tive approach should be taken and why and (24) Protein Cereal Products Insti­ mills. and how this alternative better satisfies tute. 4. Other comments questioned the ap­ the detailed requirements of sections The following organizations responded plicability of deep bed filtration to 301, 304(b), 306 and 307 of the Act. with comments: Effluent Standards and treated wastes from com wet mills. It is A copy of all public comments will be Water Quality Information Advisory true that this technique for removing available for inspection and copying at Committee; U.S. Department of the In­ suspended solids after biological treat­ the EPA Information Center, Room 227, terior; American Com Millers Federa­ ment is not in wide use. However, there West Tower, Waterside Mall, 401 M tion; Corn Refiners Association, Inc.; is no evidence that it cannot be applied Street SW., Washington, D.C. A copy of California Water Resources Control to the grain milling industry. With the preliminary draft contractor reports, the Board; Delaware River Basin Commis­ in-plant controls and treatment sug­ Development Document and economic sion; Water Pollution Control Federa­ gested in the Development Document for study referred to above, and certain sup­ tion; Texas Water Quality Board; U.S. 1983, upsets in the biological system will plementary materials supporting the Department of Agriculture; State of be minimized allowing application of study of the industry concerned will also North Carolina, Department of Natural the deep bed filtration technique. It be maintained at this location for public and Economic Resources; U.S. Depart­ should be noted that at least one com review and copying. The EPA informa­ ment of Commerce; U.S. Department of wet mill is presently installing a biologi­ Health, Education, and Welfare; State cal system with deep bed filtration and tion regulation, 40 CFR Part 2, provides of Illinois; and the New York State De­ has apparently concluded that such a that a reasonable fee may be charged partment of Environmental Conserva­ system is indeed workable. for copying. tion. 5. Comments have been received to All comments received on or before The primary issues raised in the de­ the effect that use of a range of effluent January 4, 1974 will be considered. velopment of these proposed effluent lim­ values in the com wet milling and com Steps previously taken by the Environ­ itations guidelines and standards of per­ dry milling point source subcategories formance and the treatment of these of the grain milling category is necessary mental, Protection Agency to facilitate issues herein are as follows : to enable the permit-issuing authority public response within this time .period 1. A major objection to the guidelines to give adequate recognition to the are outlined in the advance notice con­ as recommended in the Development various considerations set forth in sec­ cerning public review procedures pub­ Document was the supposed implication tion 304(b) of the Act. Comments have lished on August 6, 1973 (38 FR 21202). that the pollutant limitations represent also been received questioning whether maximum allowable discharge limits. In the treatment system proposed as best Dated November 21,1973. addition, the setting of pollutant limi­ practicable control technology currently J o h n Q u a r l e s , tations without regard to the inherent available can in fact consistently comply Acting Administrator. variability of raw waste loads from this with the proposed 30 day average and industry was also criticized. The limita­ maximum daily effluent limitations. PART 406— EFFLUENT LIMITATIONS We specifically request comments and GUIDELINES FOR EXISTING SOURCES tions as recommended in the draft re­ AND STANDARDS OF PERFORMANCE port to EPA were intended to be the data on these ppints; and if alternatives AND PRETREATMENT STANDARDS FOR average maximum of any thirty consec­ to this regulation are offered (in accord­ NEW SOURCES FOR THE GRAIN MILLS utive days, and are so stated in the pro­ ance with the above request), we POINT SOURCE CATEGORY posed regulations. As recognized in the further request full background data Development Document, variability in and documentation to enable the En­ Subpart A— Corn Wet Milling Subcategory effluent concentrations is due to varia­ vironmental Protection Agency to make S e c . tions in raw waste load (especially shock a further judgment on the alternatives. 406.10 Applicability: description of corn wet m illing subcategory. loads) and changes in raw waste compo­ In addition during the public com­ 406.11 Specialized definitions. sition, as well as poor operation and de­ ment period for these guidelines we 406.12 Effluent lim itations guidelines rep­ sign of treatmènt facilities. A number of would appreciate further information on resenting the degree of effluent re­ recommendations are made in the re- the potential economic impact on this duction attainable by the applica­ i Port to minimize upsets caused by the industry. We would specifically like to tion of the best practicable | above factors. However, in view of the receive more data pertinent to: (a) The control technology currently avail­ inherent variability of wastes in this in­ number of plants and plant size, by type a b le . dustry, the proposed regulations allow of plant; (b) revenues; (c) investment 406.13 Effluent lim itations guideUnes rep­ resenting the degree of effluent re­ a daily maximum of three times the expenditures; (e) in-plant modification duction attainable by the appll- juonthly average. This limitation is at- costs; (f) whether discharge is to a mu­ tion of the best available technol­ ! tamable and realistic based on the data nicipal system or to surface water; and ogy economically achievable. available. (g) land requirements and availability of 406.14 Standards of performance for new 2. Industry was concerned that no al­ land for installation of waste treatment s o u r c e s . lowance would be made for auxiliary facilities. 406.15 Pretreatment standards for new wastes when applying these regulations, Interested persons may participate in s o u r c e s . hie regulations as proposed only pertain this rulemaking by submitting written Subpart B— Corn Dry Milling Subcategory to process waste waters, and should not comments in triplicate to the EPA In­ S e c . ue construed as limiting^ auxiliary waste formation Center, Environmental Pro­ 406.20 AppUcability; description of corn waters. Guidelines will be set at a later tection Agency, Washington, D.C. 20460, dry m illing subcategory. date for such wastes. Attention: Mr. Philip B. Wisman. Com­ 406.21 Specialized definitions. J 3. Extensive comments were made as ments on all aspects of the proposed 406.22 Effluent lim itations ' guidelines rep­ regards the cost information. One indus­ resenting the degree of effluent re­ regulations are solicited. In the event duction attainable by the applica­ try comment contained detailed costs ap­ comments are in the nature of criticisms tion of the best practicable con­ parently much higher than the estimates as to the adequacy of data which is trol technology currently avaUable.

FEDERAL REGISTER, VO L 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33442 PROPOSED RULES

S e c . S e c . Effluent 406.23 Effluent lim itations guidelines rep­ 406.64 Standards of performance for new characteristics Effluent limitations resenting the degree of effluent re­ sources. M aximum for any one day duction attainable by the appli- 406.65 Pretreatment standards for new 1.08 k g / k k g o f c o m (60.0 tlon of the best available technol­ s o u r c e s . l b / M S B u ) ogy economically achievable. Subpart A— Corn Wet Milling Subcategory Maximum average of daily 406.24 Standards oi performance for new values for any period of s o u r c e s . § 406.10 Applicability; description of thirty consecutive days 406.26 Pretreatment standards for new corn wet milling subcategory. 0 .3 6 k g / k k g o f c o r n (20.0 s o u r c e s . lb / M S B u ) The provisions of this subpart are ap­ TSS. Maximum for any one day Subpart C— Normal Wheat Flour Milling plicable to discharges resulting from the 0 .5 4 k g / k k g o f c o m (30.0 Subcategory process in which shelled com is steeped lb / M S B u ) S e c . Maximum average of daily 406.30 Applicability; description of normal in a dilute solution of sulfurous acid and values for any period of w heat flour milling subcategory. then processed by wet means into such thirty consecutive days 406.31 Specialized definitions. products as animal feed, regular and 0 .1 8 k g / k k g o f c o m (10.0 406.32 Effluent lim itations guidelines rep­ modified starches, com oil, com syrup, lb /M S B U ) resenting the degree of effluent re­ and dextrose. p H . W ithin the range of 6.0 to duction attainable by the applica­ 9. tion of the best practicable con­ § 406.11 Specialized definitions. trol technology currently available. For the purposes of this subpart: § 406.14 Standards of performance for 406.33 Effluent lim itations guidelines rep­ new sources. resenting the degree of effluent re­ (a) The term “com” shall mean the duction attainable by the appli­ shelled com delivered to a plant before The following limitations constitute cation of the best available tech­ processing. the quantity or quality , of pollutants or nology economically achievable. (b> The term “standard bushel” shall pollutant properties which may be dis­ 406.34 Standards of performance for new mean a bushel of shelled com weighing charged reflecting the greatest degree of s o u r c e s . 56 pounds. effluent reduction achievable through ap­ 406.35 Pretreatment standards for new (c) The following abbreviations shall s o u r c e s . plication of the best available demon­ have the following meanings: (1) strated control technology, processes, op­ Subpart D— Bulgur Wheat Flour Milling “BOD5” shall mean five day biochemi­ erating methods, or other alternatives, Subcategory cal oxygen demand; (2) “TSS” shall including, where practicable, a standard mean total suspended nonfilterable 406.40 Applicability; description of bulgur permitting no discharge of pollutants wheat flour milling subcategory. solids; (3) “kg” shall mean kilo- by a new point source subject to the pro­ 406.41 Specialized definitions. gram(s); (4) “kkg” shall mean 1000 visions of this subpart: 406.42 Effluent lim itations guidelines repre­ kilograms; (5) “lb” shall mean senting the degree of effluent re­ pound(s); and (6) “MSBu” shall mean Effluent duction attainable by the applica­ 1000 standard bushels. characteristics Effluent limitations tion of the best practicable BOD5...... M aximum for any one day control technology currently avail­ § 406.12 Effluent limitations guidelines 1.08 k g / k k g o f c o m (60,0 a b l e . representing the degree of effluent l b / M S B u ) 406.43 Effluent lim itations guidelines repre­ reduction attainable by the applica­ Maximum average of daily senting the degree of effluent re­ tion of the best practicable control values for any period of duction attainable by the applica­ technology currently available. thirty consecutives days tion of the best available technol­ 0.36 kg/kkg of corn (20.0 ogy econom ically achievable. The following limitations constitute lb / M S B u ) 406.44 Standards of performance for new the .Quantity or quality of pollutants or TSS. M aximum for any one day 0 .6 4 k g / k k g o f c o m (30.0 s o u r c e s . pollutant properties which may be dis­ 406.45 Pretreatment standards for new charged after application of the best Ib /M S tB u ) Maximum average s o u r c e s . o f dally practicable control technology currently values for any period of Subpart E— Normal Rice Milling Subcategory available by a point source subject to the thirty consecutive days provisions of this subpart; 0.18 kg/kkg of corn (10.0 406.50 Applicability; description of normal Effluent lb / M S B u ) rice m illing subcategory. characteristics Effluent limitations pH. W ithin the range of 6.0 to 9 .0 406.51. Specialized definitions. B O D 5 - ______Maximum for any one day 406.52 Effluent lim itations guidelines rep­ 2.67 kg/kkg of cam (150 § 406.15 Pretreatment standards for resenting the degree of effluent re­ l b / M S B u ) new sources. duction attainable by the appli­ Maximum average of daily cation of the best practicable con­ values for any period of The pretreatment standards under sec­ trol technology currently available. thirty consecutive days tion 307 (c) of the Act, for a source within 406.53 Effluent lim itations guidelines rep­ 0.89 kg/kkg of com (50.0 the com wet milling subcategory which resenting the degree of effluent re­ l b / M S B u ) is an industrial user of a publicly owned duction attainable by the applica­ TSS ______Maximum for any one day treatment works, (and which would be a tion of the best available technol­ 1.86 kg/kkg of com (105 l b / M S B u ) new source subject to section 306 of the ogy economically achieveable. Act, if it were to discharge pollutants 406.54 Standards of performance for new Maximum average of daily values for any period of s o u r c e s . to navigable waters X, shall be the stand­ thirty consecutive days ard set forth in Part 128 of this tine, 406.55 Pretreatment standards for new 0.62 kg/kkg of com (35.0 s o u r c e s . except that for the purposes of this l b / M S B u ) section, § 128.133 of this title s h a ll be Subpart F— Parboiled Rice Processing p H ______W ithin the range of 6.0 to Subcategory 9.0 amended to read as follows: “In addi­ S e c . tion to- the prohibitions set forth in 406.60 Applicability; description of par­ § 406.13 Effluent limitations guidelines § 128.131 of this title, the pretreatment boiled rice processing subcategory. representing the degree of effluent standard for incompatible pollutants in­ 406.61 Specialized definitions. reduction attainable by the applica­ troduced into a publicly owned treat­ 406.62 Effluent lim itations guidelines rep­ tion of the best available technology ment works by a major contributing in­ resenting the degree of effluent re­ economically achievable. dustry shall be the standard of perform­ duction attainable by the applica­ The following limitations constitute ance for new sources specified in tion of the best practicable control the quantity or quality of pollutants or technology currently available. § 406.14, Provided That, if the publicly pollutant properties which may be dis­ owned treatment works which receives 406.63 Effluent lim itations guidelines rep­ charged after application of the best resenting the degree of effluent re­ available technology economically the pollutants is committed, in its duction attainable by the applica­ NPDES permit, to remove a specified per* tim i of the best available technol­ achievable by a point source subject to ogy economically achievable. the provisions of this subpart: centage of any incompatible pollutant,

FEDERAL REGISTER, VOL. 38, NO, 232— TUESDAY, DECEMBER 4, 1973 PROPOSED RULES 33443 the pretreatment standard applicable to Effluent move a specified percentage of any in­ users of such treatment works shall be characteristics Effluent limitations compatible pollutant, the pretreatment correspondingly reduced for that pol­ B O D 5 ______Maximum for any one day standard applicable to users of such lutant.” 0.11 kg/kkg of corn (6.0 treatment works shall be correspond­ l b / M S B u ) ingly reduced for that pollutant.” Subpart B— Corn Dry Milling Subcategory Maximum average of daily §406.20 Applicability; description of values for any period of Subpart C— Normal Wheat Flour Milling thirty consecutive days Subcategory com dry m illin g subcategory. 0.036 kg/kkg of corn (2.0 The provisions of this subpart are ap­ lb / M S B u ) § 406.30 Applicability; description of plicable to discharges resulting from the TSS ______Maximum for any one day normal wheat flour milling subcate­ process in which shelled com is washed 0.054 kg/kkg of corn (3.0 gory. lb / M S B u ) and subsequently nulled by dry processes Maximum average of daily The provisions of this subpart are ap­ into such products as com meal, grits, values for any period of plicable to discharges resulting from the flour, oil and animal feed. thirty consecutive days processes in which wheat and other 0.018 kg/kkg of corn (1.0 grains are milled by dry processes into § 406.21 Specialized definitions. lb / M S B u ) flour and millfeed. For the purposes of this subpart: p H __;______W ithin the range of 6.0 to (a) The, term “com” shall mean the 9 .0 § 406.31 Specialized definitions. shelled com delivered to a plant before § 406.24 Standards of performance for For the purposes of this subpart: processing. new sources. (a) The term “process waste water” (b) The term “standard bushel” shall shall mean any water which during the mean a bushel of shelled corn weighing The following limitations constitute manufacturing process, comes into direct 56 pounds. the quantity or quality of pollutants or contact with any raw material, inter­ (c) The following abbreviations shall pollutant properties which may be dis­ mediate product, by-product or product charged reflecting the greatest degree of used in or resulting from normal wheat have the following meanings: (1) effluent reduction achievable through “BODS” shall mean five day biochemical flour milling. oxygen demand; (2) “TSS” shall mean application of the best available demon­ (b) The term “process waste water strated control technology, processes, op­ pollutants” shall mean pollutants con­ total suspended nonfilterable solids; (3) erating methods, or other alternatives, “kg” shall mean kilogram (s ); (4) “kkg” tained in process waste waters. shall mean 1000 kilograms; (5) “lb” shall including, where practicable, a standard (c) The term “wheat” shall mean mean pound(s); and (6) “MSBu” shall permitting no discharge of pollutants by wheat delivered to a plant before a new point source subject to the provi­ processing. mean 1000 standard bushels. sions of this subpart: § 406.22 Effluent limitations guidelines § 406.32 Effluent limitations guidelines Effluent representing the degree of effluent representing the degree of effluent characteristics Effluent limitations reduction attainable by the applica­ reduction attainable by the applica­ tion of the best practicable control B O D 5 ------Maximum for any one day tion of the best practicable control 0.10 kg/kkg of corn (6.0 technology currently available. technology currently available. lb / M S B u ) The following limitations constitute Maximum average of daily The following limitations constitute the quantity or quality of pollutants or values for any period of the quantity or quality of pollutants or pollutant properties which may be dis­ thirty consecutive days pollutant properties which may be dis­ charged after application of the best 0.036 kg/kkg of corn (2.0 charged after application of the best lb / M S B u ) practicable control technology currently practicable control technology currently TSS—;______Maximum for any one day available by a point source subject to the 0.054 kg/kkg of corn (3.0 available by a point source subject to the provisions of this subpart: l b / M S B u ) provisions of this subpart: No discharge of process waste water pollutants to Effluent Maximum average of dally characteristic Effluent limitation values for any period of navigable waters. thirty consecutive days BOD5— ------M a x im u m f o r a n y o n e d a y 0.018 kg/kkg of com (1.0 § 406.33 Effluent limitations guidelines 0.21 kg/kkg of corn (12.0 lb / M S B u ) representing the degree of effluent lb / M S B u ) p H ______W ithin the range of 6.0 to reduction attainable by the applica­ Maximum average of daily 9 .0 tion of the best available technology values for any period of economically achievable. thirty consecutive days § 406.25 Pretreatment standards for new 0.071 kg/kkg of corn (4.0 sources. The following limitations constitute lb / M S B u ) the quantity or quality of pollutants or TSS— _------Maximum for any one day The pretreatment standards under pollutant properties which may be dis­ 0.18 kg/kkg of corn (10.5 section 307(c) of the Act, for a source charged after application of the best lb / M S B u ) within the com dry milling subcategory available technology economically Maximum average of daily which is an industrial user of a publicly achievable by a point source subject to values for any period of owned treatment works (and which the provisions of this subpart: No dis­ thirty consecutive days would be a new source subject to section 0.062 kg/kkg of corn (3.5 charge of process waste water pollutants 306 of the Act, if it were to discharge to navigable waters. lb / M S B u ) pollutants to navigable waters), shall be P®------W ithin the range of 6.0 to § 406.34 Standards of performance for 9 .0 the standard set forth in Part 128 of this title, except that for the purposes of this new sources. § 406.23 Effluent limitations guidelines section, § 128.133 of this title shall be The following limitations constitute representing the degree of effluent amended to read as follows: “In addition the quantity or quality of pollutants or reduction attainable by the applica­ to the prohibitions set forth in § 128.131 tion of the best available technology pollutant properties which may be dis­ economically achievable. of this title, the pretreatment standard charged reflecting the greatest degree of for incompatible pollutants introduced effluent reduction achievable through . Th® following limitations constitute into a publicly owned treatment works application of the best available demon­ the quantity or quality of pollutants or by a major contributing industry shall strated control technology, processes, op­ Pollutant properties which may be dis­ be the standard of performance for new erating methods, or other alternatives, charged after application of the sources specified in § 406.24: Provided, including, where practicable, a standard hest available technology economically That, if the publicly owned treatment permitting no discharge of pollutants by Achievable by a point source subject to works which receives the pollutants is a new point source subject to the provi­ the provisions of this subpart: committed, in its NPDES permit, to re­ sions of this subpart: No discharge of

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 33444 PROPOSED RULES process waste water pollutants to navi­ Effluent Effluent gable waters. characteristic Effluent limitation characteristic Effluent limitation B O D 5______M a x im u m f o r a n y o n e d a y TSS ______Maximum for any one day § 406.35 Pretreatmenl standards for new 0.025 kg/kkg of wheat 0.0099 kg/kkg of wheat sources. (1.50 lta/M SBu) (0.60 lb/M SBu). The pretreatment standards under Maximum average of daily Maximum average of daily values for any period of v a l u e s f o r a n y p erio d of section 307(c) of the Act, for a source thirty consecutive days thirty consecutive days within the normal wheat flour milling 0.0083 kg/kkg of wheat 0.0033 kg/kkg of wheat subcategory which is an industrial user (0.50 lb/M SBu) (0.20 lb/M SBu). of a publicly owned treatment works T S S ______Maximum for any one day p H ______W i t h i n t h e r a n g e o f 6.0 to (and which would be a new source sub­ 0.025 kg/kkg of wheat 9.0 . ject to section 306 of the Act, if it were (1.50 lta/M SBu) to discharge pollutants to navigable Maximum average of daily § 406.45 Pretreatment standards for new waters), shall be the standard set forth values for any period of sources. thirty consecutive days in Part 128 of this title, except that for 0.0083 kg/kkg of wheat The pretreatment standards under the purposes of this section, § 128.133 (0.50 lb/M SBu) section 307(c) of the Act, for a source of this title shall be amended to read as p H ______W ithin the range of 8.0 to within the bulgur wheat flour mining follows: “In addition to the prohibitions 9 .0 subcategory which is an industrial user set forth in § 128.131 of this title the pre­ of a publicly owned treatment works, treatment standard for incompatible § 406.43 Effluent limitations guidelines (and which would be a new source sub­ representing the degree of effluent pollutants introduced into a publicly reduction attainable by the applica­ ject to section 306 of the Act, if it were owned treatment works by a major con­ tion of the best available technology to discharge pollutants to navigable tributing industry shall be the standard economically achievable. waters), shall be the standard set forth of performance for new sources specified in Part 128 of this title except that for in § 406.34, Provided That, if the publicly The following limitations constitute the purposes of this section, § 128.133 of owned treatment works which receives the quantity or quality of pollutants or this title shall be amended to read as the pollutants is committed, in its pollutant properties which may be follows: “In addition to the prohibitions NPDES permit, to remove a specified discharged after application of the set forth in § 128.131 of this title, the pre­ percentage of any incompatible pollut­ best available technology economically treatment standard for incompatible pol­ ant, the pretreatment standard appli­ achievable by a point source subject to lutants introduced into a publicly owned cable to users of such treatment works the provisions of this subpart: treatment works by a major contribut­ shall be correspondingly reduced for that ing industry shall be the standard of per­ pollutant.” characteristics Effluent limitation formance for new sources specified in Subpart D— Bulgur Wheat Flour Milling B O D 5 ------Maximum for any one day § 406.44, Provided, That, if the publiely Subcategory 0.015 kg/kkg of wheat owned treatment works which receives 0.90 lb/M SBu). the pollutants is committed, in its NPDES § 406.40 Applicability ; description of Maximum average of daily permit, to remove a specified percentage bulgur wheat flour milling subcate­ values for any period of of any incompatible pollutant, the pre­ gory. thirty consecutive days treatment standard applicable to users 0.0050 kg/kkg of wheat The provisions of this subpart are ap­ (0.30 lb/M SBu). of such treatment works shall be cor­ plicable to discharges resulting from the T S S ------M a x im u m f o r a n y o n e d a y respondingly reduced for that pollutant.” process in which wheat is parboiled, 0.0099 kg/kkg of wheat Subpart E— Normal Rice Milling dried, and partially debranned in the (0.60 lb/M SBu). Subcategory production of bulgur. Maximum average of daily values for any period of § 406.50 Applicability; description of § 406.41 Specialized definitions. thirty consecutive days normal rice milling subcategory. For the purposes of this subpart: 0.0033 kg/kkg of wheat The provisions of this subpart are ap­ (a) The term “wheat” shall mean (0.20 lb/M SBu). p H ------___ W ithin the range of 6.0 to plicable to discharges resulting from the wheat delivered to a plant before 9.0 . process in which rice is cleaned and processing. milled by dry processes. (b) The term “standard bushel” shall § 406.44 Standards of performance for mean a bushel of wheat weighing 60 new sources. § 406.51 Specialized definitions. pounds. The following limitations constitute For the purposes of this subpart: (c) The following abbreviations shall the quantity or qualify of pollutants or (a) The term “process waste water” have the following meanings: (1) pollutant properties which may be dis­ shall mean any water which d u rin g the “BOD5” shall mean five day biochemical charged reflecting the greatest degree of manufacturing process, comes into oxygen demand; (2) “TSS” shall mean effluent reduction achievable through ap­ direct contact with any raw material, in­ total suspended nonfilterable solids; (3) plication of the best available demon­ termediate product, by-product or “kg” shall mean kilogram(s); (4) “kkg” strated control technology, processes, op­ product used in or resulting from norm al shall mean 1000 kilograms; (5) “lb” shall erating methods, or other alternatives, rice milling. mean pound(s); and (6) “MSBu” shall (b) The term “process waste water mean 1000 standard bushels. including, where practicable, a standard permitting no discharge of pollutants by pollutants” shall mean pollutants con­ § 406.42 Effluent limitations guidelines a new point source subject to the provi­ tained in process waste waters. representing the degree of effluent (c) The term “rice” shall mean the reduction attainable by the applica­ sions of this subpart: rice delivered to a plant before tion of the best practicable control Effluent processing. technology currently available. characteristic Effluent limitation B O D 5 ______Maximum for any one day § 406.52 Effluent limitations guidelines The following limitations constitute representing the degree o f effluent the quantity or quality of pollutants or 0.015 kg/kkg of wheat (0.90 l b / M S B u ) . reduction attainable by the applit®' pollutant properties which may be dis­ Maximum average of daily tion o f the best practicable control charged after application of the best values for any period of technology currently available. practicable control technology currently thirty consecutive days c o n stitu te available by a point source subject to the 0.0050 kg/kkg of wheat The following limitations provisions of this subpart: (0.30 lb/M SBu). the quantity or quality of pollutants or

FEDERAI REGISTER, VOL. 3B, NO. 232— TUESDAY, DECEMBER 4, 1973 PROPOSED RULES 33445 pollutant properties which may be dis­ process in which rice is cleaned, cooked Effluent • charged after application of the best and dried before being milled. characteristic Effluent limitations practicable control technology currently TSS ______Maximum for any one day available by a point source subject to the § 406.61 Specialized definitions. 0.09 kg/kkg of rice (0.009 provisions of this subpart: No discharge l b / c w t ) For the purposes of this subpart: Maximum average of daily of process waste water pollutants to navi­ (a) The term "rice” shall mean the values for any period of gable w aters. rice delivered to a plant before proc­ thirty consecutive days § 406.53 Effluent limitations guidelines 0.030 kg/kkg of rice (0.003 representing the degree of effluent essing. l b / c w t ) reduction attainable by the applica­ (b) The following abbreviations shall p H ------W ithin the range of 6.0 to tion of the best available technology have the following meanings: (1) 9 .0 economically achievable. "BOD5” shall mean five day biochemical § 406.64 Standards of performance for The following limitations constitute oxygen demand; (2) “TSS" shall mean new sources. the quantity or quality of pollutants or total suspended nonfilterable solids; (3) The following limitations constitute pollutant properties which may be dis­ "kg" shall mean kilogram (s) ; (4) “kkg" the quantity or quality of pollutants or charged after application of the 'best shall mean 1000 kilograms; (5) “lb" shall pollutant properties which may be dis­ available technology economically mean pound (s); and (6) "cwt” shall charged reflecting the greatest degree of achievable by a point source subject to effluent reduction achievable through ap­ the provisions of this subpart: No dis­ mean hundred weight. plication of the best available demon­ charge of process waste water pollutants § 406.62 Effluent limitations guidelines strated control technology, processes, op­ to navigable waters. representing the degree of effluent erating methods, or other alternatives, § 406.54 Standards of performance for reduction attainable by the applica­ including, where practicable, a standard new sources. tion of the best practicable contròl permitting no discharge of pollutants by technology currently available. The following limitations constitute a new point source subject to the provi­ the quantity or quality of pollutants or The following limitations constitute sions of this subpart: pollutant properties which may be dis­ the quantity or quality of pollutants or Effluent charged reflecting the greatest degree of pollutant properties which may be dis­ characteristic Effluent limitation effluent reduction achievable through charged after application of the best B O D 5 ------Maximum for any one day application of the best available demon­ practicable control technology currently 0.21 kg/kkg of rice (0.021 strated control technology, processes, l b / c w t ) operating methods, or other alternatives, available by a point source subject to the Maximum average of daily including, where practicable, a standard provisions of this subpart: values for any period of thirty consecutive days permitting no discharge of pollutants by Effluent 0.070 kg/kkg of rice (0.007 a new point source subject to the pro­ characteristic Effluent limitation l b / c w t ) visions of this subpart: No discharge of B O D 5 ------Maximum for any one day TSS ------Maximum for any one day process waste water pollutants to naviga­ 0.42 kg/kkg of rice (0.042 0.09 kg/kkg of rice (0.009 ble waters. l b / c w t ) l b / c w t ) Maximum average of daily Maximum average of daily § 406.55 Pretreatment standards for new values for any period of values for any period of sources. thirty consecutive days thirty consecutive days The pretreatment standards under 0.140 kg/kkg of rice (0.014 0.030 kg/kkg of rice (0.003 l b / c w t ) section 307(c) of the Act, for a source l b / c w t ) TSS ______Maximum for any one day p H ------W ithin the range of 6.0 to within the normal rice milling subcate­ 9 .0 gory 0.24 kg/kkg of rice (0.024 which is an industrial user of a l b / c w t ) publicly owned treatment works (and § 406.65 Pretreatment standards for new Maximum average of daily sources. which would be a new source subject values for any period of to section 306 of the Act, if it were to thirty consecutive days The pretreatment standards under discharge pollutants to navigable wa­ 0.080 kg/kkg of rice (0.008 section 307(c) of the Act for a source ters) , sh all be the standard set forth in l b / c w t ) within the parboiled rice processing sub­ Part 128 of this title except that for the p H ______*___ Within the range of 6.0 to category which is an industrial user of a Purposes of this section, § 128.133 of this 9 .0 publicly owned treatment works, (and title shall be amended to read as follows: § 406.63 Effluent limitations guidelines which would be a new source subject to ‘‘In addition to the prohibitions set forth representing the degree of effluent section 306 of the Act, if it were to dis­ in § 128.131 of this title the pretreatment reduction attainable by the applica­ charge pollutants to navigable waters), standard for incompatible pollutants tion of the best available technology shall be the standard set forth in Part introduced into a publicly owned treat­ economically achievable. 128 of this title except that for the pur­ ment works by a major contributing in­ poses of this section, § 128.133 of this title dustry shall be the standard of The following limitations constitute shall be amended to read as follows: “In Performance for new sources specified in the quantity or quality of pollutants or addition to the prohibitions set forth in § 406.54, provided that, if the publicly pollutant properties which may be dis­ § 128.131 of this title, the pretreatment owned treatment works which receives charged after application of the best standard for incompatible pollutants in­ tn® Pollutants is committed, in its troduced into a publicly owned treatment NPDES permit, to remove a specified available technology economically achievable by a point source subject to works by a major contributing industry Percentage of any incompatible pollut­ shall be the standard of performance for ant, the pretreatment standard applica­ the provisions of this subpart: new sources specified in § 406.64 provided ble to users of such treatment works Effluent that, if the publicly owned treatment shall be correspondingly reduced for characteristic Effluent limitation works which receives the pollutants is that pollutant." B O D 5 ______Maximum for any one day committed, in its NDES permit, to re­ Subpart F— Parboiled Rice Processing ' 0.21 kg/kkg of rice (0.021 move a specified percentage of any in­ Subcategory l b / c w t ) Maximum average of daily compatible pollutant, the pretreatment § 406.60 Applicability ; description of standard applicable to users of such parboiled rice processing subcategory. values for any period of thirty consecutive days treatment works shall be correspondingly The provisions of this subpart are ap­ 0.070 kg/kkg of rice (0.007 reduced for that pollutant.” plicable to discharges resulting from the l b / c w t ) [FR Doc.73-25120 Filed 12-3-73;8:45 am ]

FEDERAL REGISTER, VOL. 38, NO. 232— TUESDAY, DECEMBER 4, 1973 No. 232—P t. I I ---- 2

Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of July 1, 1973)

Title 41—Public Contracts and Property Management (Chapter 18) ______,______$5. 70

[A. Cumulative checklist of CFR issuances fov 1978 appears in the first issue of the Federal Register each month under Title I]

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