WEDNESDAY, FEBRUARY 7, 1973

WASHINGTON, D.C.

Volume 38 ■ Number 25

Pages 3497-3570 PART I

(Part II begins on page 3565)

HIGHLIGHTS OF THIS ISSUE

This listing does not affect the legal status of any document published in this issue. Detailed table of contents appears inside.

REMINDERS— Next week's deadlines for comments on proposed rules; next week’s hearings and rules going into effect today...... 3498

AMERICAN HEART M ONTH, 1973— Presidential procla­ mation ...... „ ...... 3503

COSMETICS— FDA proposes format for mandatory cos­ metic ingredient labeling; comments by 4 -9 -7 3 ...... 3523

ANTIBIOTICS, NEW DRUGS, AND NEW ANIMAL DRUGS— Gestest Tablets: FDA, citing potential dangers, proposes to withdraw approval and gives notice of opportunity fori hearing...... 3534 Tylandril Tablets: FDA withdraws approval for lack of effectiveness...... -...... 3534 Nitrophenide: FDA prohibits use in animal feeds; effec­ tive 3 -2 1 -7 3 ...... 3507 Megasul Premix 25% : FDA withdraws approval of this nitrophenide compound...... 3535

FOREIGN AID— AID regulations limiting employment of third country nationals on construction projects in recipient countries; effective 9 -1 5 -7 0 ...... 3507

SAVINGS AND LOAN INSTITUTIONS— FHLBB announces 3/12 and 3/13 hearings on proposed provisions for conversion of mutual associations to stock form...... 3527 FHLBB extends comment period to 2-28-73 on pro­ posal concerning end of fiscal year audits ...... 3527

ANTIDUM PING— Treasury Dept, begins investigation of a type of plastic resin in pellet form from Japan...... 3529

POSTAL RATES— Persons not formal parties ta Postal Rate Comm, pro­ ceedings may appear as "limited participators” under new Commission ruling; effective 2 -7 -7 3 ...... 3510 Postal Rate Comm, solicits requests for "limited par­ ticipation” in proceeding on six proposed mail classifi­ cation changes and rate increases...... 3552

VOCATIONAL REHABILITATION GRANTS— HEW 1973 and 1974 State allotment percentages...... 3537 (Continued inside) HIGHLIGHTS— Continued

NORTHWEST ATLANTIC COMMERCIAL FISHING— Com­ USDA: Agricultural Research Policy Advisory Commit- merce Dept, proposes 1973 catch quotas for U.S. fisher­ tee, 2 -2 0 and 2 -2 1 -7 3 ...... 3532 men; comments by 3 -9 -7 3 ...... 3517 Subcommittee on Agricultural Research Programs and Facilities, 2 -1 5 -7 3 ...... 3532 USDA-FHA LOANS— Farmers Home Administration pro­ DoT, Coast Guard: Industry Advisory Committee on Rules of the Road, 2-21-73...... _. 3539 poses regulations for civil rights compliance reviews of National Highway Safety Advisory Committee’s Ad loan recipients; comments by 3 -9 -7 3 ...... 3516 Hoc Task Force on Adjudication, 2-24-73 ...... 3539 Interior Dept.: Indian Education for Health Committee, MEETINGS— 2-12 and 2-13-73 ...... ;...... 3529 DoD: Sec. of Navy's Advisory Committee on Education Commerce Dept.: Business Opportunities Cofnmittee and Training, 2-15 and 2-16-73 ...... 3529 of the Advisory Council for Minority Enterprise, 2 -1 5 -7 3 ...... _...... 3533 State Dept.: Advisory Committee of Foreign Service American Revolution Bicentennial Commission, Hori­ Institute, 2 -2 6 and 2 -2 7 -7 3 ...... 3529 zons '76 Committee, 2-7-73...... 3539

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

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FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 C ontents

THE PRESIDENT Notices FEDERAL POWER COMMISSION Industry Advisory Committee on Notices PROCLAMATIONS Rules of the Road; open meet­ ing ______3539 National Gas Survey Advisory American Heart Month, 1973— _ 3503 Committees; determination and EXECUTIVE AGENCIES COMMERCE DEPARTMENT certification with respect to re­ newal ______r------3545 ADVISORY COUNCIL FOR MINORITY See Advisory Council for Minority Hearings, etc.: ENTERPRISE Enterprise; National Oceanic Burmont Co______3547 Notices and Atmospheric Administra­ Central Telephone & Utilities Business Opportunities Commit­ tion; National Technical Infor­ Corp ______3547 tee; public meeting ______3533 mation Service. Cities Service Gas Co______3548 DEFENSE DEPARTMENT Columbia Gas Transmission AGENCY FOR INTERNATIONAL Corp. and Columbia Gulf DEVELOPMENT See Navy Department. Transmission Co______3548 Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY Connecticut Light and Power Limitation on employment of third Co. et al______3545 country nationals for construc­ Rules and Regulations Gulf States Utilities Co______3549 tion work from U.S. Foreign Tolerances for pesticide chemicals High Plains Natural Gas Co. Assistance Funds______3507 in or on raw agricultural com­ and Transwestern Pipeline modities; turnip tops______3511 Co------3549 AGRICULTURE DEPARTMENT Proposed Rule Making Louisiana Land and Explora­ See also Agricultural Marketing tion Co______3550 Service; Farmers Home Admin­ Approval and promulgation of im­ plementation plans: Natural Gas Pipeline Company istration; Forest Service; Soil of America (3 documents)__ 3550, Conservation Service. California; correction______3526 Southern Louisiana-Southeast 3551 Notices Texas ______3526 New England Power Services Agricultural Research Programs Co------3551 and Facilities Subcommittee ;- ENVIRONMENTAL QUALITY COUNCIL Pennsylvania Electric Co_____ 3551 Robertson, Corbin H„ et al___ 3548 m eeting______3532 Notices AGRICULTURAL MARKETING SERVICE Environmental impact statements; FEDERAL RESERVE SYSTEM public availability______3541 Notices Notices Grain inspection; Guymon, Okla­ FARMERS HOME ADMINISTRATION homa; inspection point______3532 Acquisitions of banks: Proposed Rule Making Alabama Financial Group, Inc 3552 AMERICAN REVOLUTION BICENTENNIAL Civil rights compliance reviews__ 3516 Grandco Bancorporation______3552 COMMISSION FEDERAL AVIATION ADMINISTRATION FISH AND WILDLIFE SERVICE Notices Rules and Regulations Horizons ’76 Committee; meeting. 3539 Rules and Regulations Alteration of control zone and Public access, use and recreation; ATOMIC ENERGY COMMISSION transition area______3506 Notices Imperial National Wildlife ref­ Alteration of control zones (4 uge, Ariz. and Calif______3515 Pacific Gas and Electric Co.; documents)______3505, 3506 withdrawal of application for Designation of control area_____ 3505 FOOD AND DRUG ADMINISTRATION utilization facility license____ 3539 Restricted area alteration and Virginia Electric and Power Co.; designation of Federal airway. _ 3506 Rules and Regulations issuance of facility operating Proposed Rule Making Antibiotic drugs; exemptions from license______4______3540 labeling and certification re- Alteration of control zone and * quirements; nitrophenide; revo­ CIVIL SERVICE COMMISSION transition area______3525 cation ------3507 Notices Designation of transition area___ 3525 Proposed Rule Making Grant of authority to make non­ FEDERAL CONTRACT COMPLIANCE career executive assignment: OFFICE Cosmetic ingredient labeling___ 3523 Department of Agriculture____ 3540 Notices Department of Health, Educa­ Rules and Regulations tion, and Welfare______3540 Guidelines on discrimination be­ Withdrawal of approval of new Revocations of authority to make cause of religion or national ori­ drug applications: noncareer executive assign­ gin; correction______3511 Combination drug containing norethindrone acetate and ments: FEDERAL HOME LOAN BANK BOARD Department of Agriculture (2 ethinyl estradiol______3534 documents) . . . ______3540 Proposed Rule Making Combination drug containing Department of Justice (2 docu­ Audit at end of fiscal year; exten­ diethylstilbestrol, methyltes- ments) ______3541 sion of time for comments__ _ 3527 tasterone and reserpine for Conversions of mutual associa­ oral use------.------3534 COAST GUARD tions to stock form______3527 Megasul (Nitrophenide) premix Rules and Regulations 2 5% ------__------3535 Drawbridge operation; Mare Is­ FEDERAL MARITIME COMMISSION Merck, Sharp & Dohme and land Strait, Vallejo, Calif______3509 Notices Merrell - National Laborato­ Security zones; San Francisco Domestic offshore trades; non ves­ ries ------3535 Bay, Calif______3509 sel operating common carriers. 3543 (Continued, on next page) 3499

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3500 CONTENTS

FOREST SERVICE JUSTICE DEPARTMENT POSTAL RATE COMMISSION Rules and Regulations Rules and Regulations Rules and Regulations Road closures------3509 Law Enforcement Assistance Ad­ Rules of practice and procedure— 3510 Notices ministration; administrative Notices Brushland Management, Califor­ review procedure______3566 Requests for limited participation; nia; availability of final envi­ LABOR DEPARTMENT notice establishing time for fil­ ronmental statement______— 3532 ing ------3552 See Federal Contract Compliance HEALTH, EDUCATION, AND WELFARE Office; Occupational Safety and SECURITIES AND EXCHANGE DEPARTMENT Health Administration. COMMISSION See also Pood and Drug Adminis­ Notices LAND MANAGEMENT BUREAU tration; Social and Rehabilita­ Hearings, etc.: tion Service. Notices Central Energy Corp______3552 Notices Minnesota; filing of plat of survey- 3532 Guardian Packaging Corp____ 3553 Pension Investment Fund, Inc_ 3553 Office of the Assistant Secretary MONETARY OFFICES for Administration and Man­ SMALL BUSINESS ADMINISTRATION Rules and Regulations agement; Facilities Engineering Notices and Construction Agency; or­ Financial recordkeeping and re­ ganization and functions------3535 Chief, Regional Financing Divi­ porting of currency and foreign sion, et al., delegation of au­ HOUSING AND URBAN DEVELOPMENT transactions; correction______3508 thority to conduct program ac­ DEPARTMENT NATIONAL FOUNDATION ON THE ARTS tivities in field offices______3553 AND THE HUMANITIES See Interstate Land Sales Regis­ SOCIAL AND REHABILITATION SERVICE tration Office. • Rules and Regulations Notices INDIAN AFFAIRS BUREAU Conduct standards of employees — 3511 Allotment percentages for pur­ Notices NATIONAL HIGHWAY TRAFFIC SAFETY poses of vocational rehabilita­ Indian Education for Health Com­ ADMINISTRATION tion services; promulgation___ 3537 mittee; public meeting------3529 Notices White Mountain Apache Indian SOIL CONSERVATION SERVICE Reservation, Ariz.; legalization National Highway Safety Ad­ Notices of introduction, sale, or posses­ visory Committee Ad Hoc Task sion of intoxicants i------3529 Force on Adjudication; public Short Creek Watershed Project, m eeting______3539 Kentucky; availability of draft INTERIOR DEPARTMENT environmental statement_____ 3532 NATIONAL OCEANIC AND ATMOSPHERIC See Pish and Wildlife Service; ADMINISTRATION STATE DEPARTMENT Indian Affairs Bureau; Land Management Bureau. Proposed Rule Making See also Agency for International Northwest Atlantic commercial Development. INTERSTATE COMMERCE COMMISSION fisheries______3517 Notices Rules and Regulations Notices Advisory Committee, Foreign Car service : Service Institute; meeting____ 3529 Demurrage and free time at Loan applications : Dale S. Beasley and Edith M. TARIFF COMMISSION ports______3514 Beasley______3533 Demurrage on freight cars----- 3513 Notices Distribution of covered hopper Robert W. Leppaluoto______3533 ca rs______3513 Consolidated National Shoe Corp.; NATIONAL TECHNICAL INFORMATION investigation and hearing_____ 3554 Penn Central Transportation SERVICE Co. et al. (2 documents)----- 3512 Cylinder boring machines and bor­ Notices ing bars and components there­ Notices of; investigatioii and scope of Assignment of hearings------3556 Government-owned inventions; investigation; correction______3554 availability for licensing______3533 Fourth section application for • Electronic pianos; resumption of relief______3557 NAVY DEPARTMENT hearing______3554 Motor carriers : Alternate route deviation no­ Notices TRANSPORTATION DEPARTMENT tices (2 documents).______3557 Advisory Board on Education and See Coast Guard; Federal Avia­ Applications and certain other Training; meetings______3529 tion Administration; National proceedings______3558 Highway Traffic Safety Admin­ Piling of intrastate applica­ OCCUPATIONAL SAFETY AND HEALTH istration. tions _____ 3562 ADMINISTRATION TREASURY DEPARTMENT INTERSTATE LAND SALES REGISTRATION Notices See also Monetary Offices. OFFICE Burlington Industries, Inc.; appli­ Notices cation for variance and interim Notices Hearings: order______3555 Acrylonitrile - butadiene - styrene Blue Ridge Lakes et al______3538 Georgia Developmental Plan; sub­ type of plastic resin in pellet Chino Valley Estates et al___ __ 3538 mission of Plan and availability form from Japan; antidumping Leisure Village et al______3538 for public comment______3556 proceeding______3529

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 CONTENTS 3501 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 die 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.

3 CFR 21 CFR 39 CFR Proclamation: 144______3507 3001...... 3510 4186______1______3503 P roposed R ules: 40 CFR 7 CFR 1______1...... 3523 180____ 3511 P roposed R ules: 22 CFR P roposed R ules: 1816____ 3516 52 (2 documents)______3526 1890______3516 207______3507 41 CFR 12 CFR 28 CFR 60-50______3511 Proposed R ules: 17______3566 546______— 3527 45 CFR 563 (2 documents) ______3527 31 CFR 1105------___------3511 563b______3527 103— ______3508 571______3527 49 CFR 33 CFR 1033 (5 documents)______3512-3514 14 CFR 117------3509 71 (7 documents)______3505,3506 50 CFR 127------3509 73______3506 28------..------3515 Proposed R ules: 36 CFR P roposed R ules: 71 (2 documents)______3525 212— ...... — ...... 3509 240_...... 3517

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3502 REMINDERS (The items in these lists were editorially compiled as an aid to FEDERAL REGISTER users. Inclusion or exclusion from these lists has no legal significance. Since these lists are intended as reminders, they do not incl ude effective dates, comment deadlines, or hearing dates that occur within 14 days of publication.)

Next Week’s Deadlines for Comments on Proposed Rules

FEBRUARY 12, 1973 PATENT OFFICE— Inventor’s certificate FAA— British Aircraft Corp., Viscount CAB— Regulations pertaining to inclu­ applications; priority rights.. 27172; 810 series aircraft; airworthiness di­ sive tour charter flights______1396; 1 1 - 28-72 rective...______1593; 1—16—73 1 -1 2 -7 3 REA— Specifications for 15 kv. „and 25 FAA— Terminal control area; adoption; EPA— Aircraft and aircraft engines; air kv. underground primary cables. extension of time___ 1510; 1-15-73 pollution control standards.... 26488; 1395; 1-12-73 First appeared at___ 26737; 12-15-72 1 2 -1 2 -7 2 USDA— Overtime or holiday inspection SEC— Disclosure of significant account­ service; schedules of operations. EPA— Guidelines for States in preparing, ing policies______1746; 1—18—73 26429; 12-12-72 submitting, and adopting transporta­ SEC— Improved disclosure of tax ex­ FEBRUARY 14, 1973 tion control implementation plans. pense______1748; 1-18-73 1464; 1-12-73 FAA— Restricted area and continental SEC— Guides for preparation and filing EPA— National pollutant discharge elim­ control area; alteration______1511; of registration statement; summary ination system; permits for discharges 1 -1 5 -7 3 of earnings...... 1748; 1-18-73 of pollutants or sewage sludge into FAA— Restricted area; designation. SEC— Guides for preparation and filing navigable waters... 1362; 1—11—73 1511; 1-15-73 of reports and registration statements; FCC— FM Broadcast stations in Union EPA— Turbine-powered aircraft at Class summary of earnings...... 1749; Springs and Taliassee, Ala.; table of A airports; modification of ground 1-18-73 assignments______2180; 1—22—73 operations procedures___ >.. 26502; SEC— Acts or transactions in options; First published at.... 24369; 1 1 -1 6 -7 2 1 2 -1 2 -7 2 special procedures....1646; 1-17-73 FEDERAL MARITIME COMMISSION— . SEC-— Securities underlying certain op­ FAA— Airspace temporary restricted Foreign discrimination affecting U.S. area; Kileen, Tex___ 1283; 1-11—73 tions; exemption from registration for ships; regulations to adjust or meet trading on certain exchanges.. 1648; FAA— British Aircraft Corp., Viscount conditions unfavorable to shipping in 1-17-73 Models 744, 745D, and 810 series foreign trade______2468; 1—26—73 FEBRUARY 16, 1973 airplanes; airworthiness directive. FEDERAL MARITIME COMMISSION— CG— Escatawpa and Pascagoula Rivers, 1396; 1 -1 2 -7 3 First published at.. 27638; 2 -1 9 —72 Miss.; drawbridge operation regula­ FCC— Domestic point-to-point micro- FDA-^-Banned hazardous substances; tions...... 1510; 1—15—73 wave radio service application pro­ repurchase procedures...... 26832; cedures and public radio service 1 2 - 16-72 FAA— Transition area; alteration.. 1644; 1-17-73 amendments ____ 26128; 12-8—72 FDA— Child protection packaging stand­ FCC— FM broadcast assignments to cer­ ards; participants in testing programs; FCC— Program logs of standard broad­ tain cities in Colorado and Wyoming; written consent requirement.. 26833; cast stations; public inspection and reply comments______805; 1—4—73 1 2 -1 6 -7 2 retention...... 1511; 1—15—73 SEC— Recordkeeping requirements and FCC— Prime time access rule ... 28306; FPC— Specialized training costs; uniform exemption from definition of "Invest­ 1 2 -2 2 -7 2 systems of accounts for public utili­ ment Adviser"...... 1649; 1-17-73 First printed at...... 23349; 11-2-72 ties and licensees.... 21181; 11-2—72 FCC— Public safety radio services; re­ 10-6-72, 11-2-72 FEBRUARY 17, 1973 duction of authorized bandwidth for FEBRUARY 15, 1973 OSHA— Ceramic permanent magnets; use of frequencies.... 1941; 1—19—73 LABOR— ESA— Black lung benefits; re­ modification of certain machine brake FDA— Vitamins A and D; restriction of quirements for coal mine operators standards to allow use as setting large dose oral preparations to pre­ insurance...... 1591; 1—16—73 devices...... 1593; 1—16—73 scription sale...... 26618; 12-14—72 FAA— Boeing Model 727 series air­ OSHA— Safety and health provisions FPC— Advances to suppliers of natural planes; leading edge slat actuators; for Federal employees...... 1746; gas outside continental United States. airworthiness directive...... 25529; 1-18-73 1055; 1-8-73 1 2 -1 -7 2

Next Week’s Hearings

■ FEBRUARY 13, 1973 FEBRUARY 14, 1973 FEBRUARY 16, 1973 v FCC— Revisions of tariffs for domestic AEC— Virginia Electric & Power Co. pre- AEC— Louisiana Power & Light Co. pre- handling of international record traffic...... 1223; 1 -1 0 -7 3 hearing Conference regarding North hearing conference; adjourned ses­ TARIFF— Collapsible baby strollers from Anna Nuclear Power Station, Units sion regarding Waterford Steam Elec­ Japan; antidumping investigation. 28096; 12-20-72 3 and 4 ...... 2186; 1-22-73 tric Station Unit 3.... 2227; 1-23-73

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 Presidential Documents

Title 3—The President

PROCLAMATION 4186 American Heart Month, 1973

By the President of the United States of America A Proclamation

Diseases of the heart and blood vessels impose an intolerable burden on the American people. They afflict one-eighth of our population— more than 27 million citizens. With every 30 seconds that pass, cardiovascular diseases claim another American life. The toll for 1973 will be staggering: more than one million lives, more than 200 million man-years lost from work and some $30 billion in lost income and the cost of medical care. In 1948, the National Heart Act launched a nationwide effort to help alleviate this burden. This landmark bill created the Federal Govern­ ment’s National Heart Institute, bringing the public sector into a close alliance with the private sector, as exemplified by the American Heart Association, a national voluntary health agency. In the nearly twenty-five years that have followed, science and medi­ cine have made dramatic advances against this dread enemy. As cardio­ vascular medicine and surgery have undergone sweeping changes, new hope has been given to thousands of heart patients. Still heart and blood vessel diseases remain our Nation’s deadliest health threat, and our cardiovascular disease rate is the second highest in the world. June of this year will mark the twenty-fifth anniversary of the National Heart Act. On September 19, 1972,1 signed into law a greatly expanded version of this authorization— the National Heart, Blood Vessel, Lung, and Blood Act of 1972— calling for significant increases in cardiovascular research and prevention programs. This legislation marks yet another milestone in our continued fight against preventable heart attack and stroke. T o encourage a continuing effective attack on cardiovascular diseases, the Congress, by a joint resolution approved December 30, 1963 (77 Stat. 843 ), requested the President to issue annually a proclamation designating February as American Heart Month. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim the month of February,

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3504 ÎHE PRESIDENT

1973, as American Heart Month. I invite the Governors of the States, the Commonwealth of Puerto Rico, and officials of other areas subject to the jurisdiction of the United States to issue similar proclamations. I urge the people of the United States to consider fully the nationwide problem o f cardiovascular diseases, and to support programs essential to bring about its solution. IN W ITN ESS W H E R E O F, I have hereunto set my hand this fifth day of February, in the year of our Lord nineteen hundred seventy-three, and of the Independence of the United States of America the one hundred ninety-seventh. . *

[FR Doc.73-2518 Filed 2-5-73 ;4:53 pm]

FEDERAL REGISTER, V O L 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3505 Rules and Regulations

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

Title 14— Aeronautics and Space [Airspace Docket No. 73-SW-8] after be continuously published in the PART 71— DESIGNATION OF FEDERAL Airman’s Information Manual.” CHAPTER I— FEDERAL AVIATION ADMIN­ A Notice to Airmen will be issued ISTRATION, DEPARTMENT OF TRANS­ AIRWAYS, AREA LOW ROUTES, CON­ TROLLED AIRSPACE, AND REPORTING specifying the changed effective hours PORTATION of the Roswell, N. Mex., control zone. [Airspace Docket No. 73-AL-2] POINTS Alteration of Control Zone (Sec. 307(a), Federal Aviation Act of 1958, PART 71— DESIGNATION OF FEDERAL 49 U.S.C. 1348; sec. 6(c), Department of AIRWAYS, AREA LOW ROUTES, CON­ The purpose of this amendment to Transportation Act, 49 U.S.C. 1655(c)) TROLLED AIRSPACE, AND REPORTING Part 71 of the Federal Aviation Regula­ POINTS tions is to alter the Roswell, N. Mex., Issued in Fort Worth, Tex., on Janu­ ary 26, 1973. Alteration of Control Zone control zone. In February 1968, the Roswell con­ R. V. R eynolds, The purpose of this amendment to trol zone, which had been a full-time, Acting Director, Southwest Region. Part 71 of the Federal Aviation Regula­ 24-hour control zone, became a part- [FR Doc.73-2334 Filed 2-6-73;8:45 am] tions is to alter the effective hours of time control zone. This action was nec­ the Kotzebue, Alaska, control zone. essary due to a combining of the Walker [Airspace Docket No. 73-SW-7] The hours of operation of the Kotze­ AFB and Roswell Municipal Airport con­ bue Flight Service Station are being tem­ trol zones. It was at this time that PART 71— DESIGNATION OF FEDERAL porarily reduced from 24 hours to 16 Walker AFB was declared to be a sur­ AIRWAYS, AREA LOW ROUTES, CON­ TROLLED AIRSPACE, AND REPORTING hours per day because of temporary per­ plus facility and given to the City of POINTS sonnel losses. This change in FSS operat­ Roswell, N. Mex., which assumed its op­ ing hours requires the control zone to eration. This airport was then renamed Alteration of Control Zone Roswell Industrial Air Center, and the The purpose of this amendment to be amended to part-time status since control tower operations were similarly weather observation and air traffic con­ Part 71 of the Federal Aviation Regula­ transferred to this new airport. As suit­ tions is to alter the Gallup, N. Mex., con­ trol communications will not be avail­ able quarters at Roswell Industrial Air trol zone. able from midnight to 0800 local time. Center were not available for personnel The control zone at Gallup, N. Mex., Therefore, the control zone hours of of the Roswell Plight Service Station and has previously operated as a part-time designation are redescribed to coincide those of the. Weather Bureau, these control zone with employees of Frontier facilities remained at the former munic­ with the availability of air-ground com­ Airlines providing the necessary weather ipal airport location. observing/reporting functions. munications and weather reporting Control tower personnel of the Ros­ service. well Industrial Air Center were certified Recent changes have been effected at As a situation exists which demands as weather observers and provided the Gallup, N. Mex., which now afford full­ time weather observation/reporting immediate action in the interest of safety weather observations necessary to main­ tain the control zone at Roswell Indus­ functions as provided by personnel of in air commerce, compliance with the trial Air Center; however, as the control the recently established Gallup, N. Mex., notice and public procedure provisions tower was a part-time facility, the con­ Flight Service Station. This necessitates of the Administrative Procedures Act is trol zone was subsequently changed from a change in the description of the con­ impracticable, and for that reason good a full-time to a part-time control zone trol zbne at Gallup, N. Mex., which is (68-SW -6). now a full-time control zone rather than cause exists for this amendment to be­ a part-time control zone. come effective in less than 30 days. It was necessary to amend the Ros­ well, N. Mex., control zone description In consideration of the foregoing, Part In consideration of the foregoing, Part by including the statement, “This con­ 71 of the Federal Aviation Regulations 71 of the Federal Aviation Regulations trol zone will be effective during the is amended, effective immediately, as is amended, effective 0901 G.m.t., specific dates and times established in herein set forth. March 1, 1973, as hereinafter set forth. advance by a notice to airmen. The effec­ In §71.171 (38 FR 351), the Gallup, In § 71.171 (38 FR 351) the Kotzebue, tive date and time will thereafter be N. Mex., control zone is amended by de­ Alaska, control zone is amended by continually published in the Airman’s leting “This control zone is effective dur­ Information Manual.” ing the dates and times published in the adding “This control zone is effective Offices of the Roswell Flight Service Airman’s Information Manual.” from 0800 to 2400 hours local time daily, Station have now been moved to the A Notice to Airmen will be issued or during the specific dates and times Roswell Industrial Air Center. These per­ specifying the changed effective hours established in advance by Notice to Air­ sonnel are federally certified weather of the Gallup, N. Mex., control zone. The men. The effective date and time will observers and are now providing full­ control zone entries displayed on the thereafter be continuously published in time weather observations, enabling the low altitude en route chart and the Albu­ control zone to again become a full-time the Flight Information Publication Sup­ querque Sectional Aeronautical Chart control zone. will be removed at the earliest charting plement Alaska.” In consideration of the foregoing, Part date. (Sec. 307(a), Federal Aviation Act of 1958, 71 of the Federal Aviation Regulations 49 U.S.C. 1348(a); sec. 6(c), Department of (Sec. 307(a), Federal Aviation Act of 1958, is amended, effective immediately, as 49 U.S.C. 1348; sec. 6(c), Department of Transportation Act, 49 U.S.C. 1655(c)) herein set forth. Transportation Act, 49 U.S.C. 1655(c)) In § 71.171 (38 FR 351), the Roswell, Issued in Anchorage, Alaska, on Jan­ Issued in Fort Worth, Tex., on Janu­ uary 29, 1973. N. Mex., control zone is amended by de­ leting “This control zone will be effective ary 26,1973. T homas J. Creswell, during the specific dates and times estab­ R . V . R e y n o l d s , Director, Alaskan Region. lished in advance by a Notice to Airmen. Acting Director, Southwest Region, [FR Doc.73-2333 Filed 2-6-73; 8:45 am] The effective date and time will there­ [FR Doc.73-2335 Filed 2-6-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 No. 25—Pt. I---- 2 3506 RULES AND REGULATIONS

[Airspace Docket No. 72-SO-2] (Sec. 307(a), Federal Aviation Act of 1958, Issued in Aurora, Colo., on January 22, 72 Stat. 749; 49 U.S.C. 1348; sec. 6(c), De­ 1973. PART 71— DESIGNATION OF FEDERAL partment of Transportation Act, 49 U.S.C. M. M. M artin, AIRWAYS, AREA LOW ROUTES, CON­ 1655(c)) TROLLED AIRSPACE, AND REPORTING Director, Rocky Mountain Region. POINTS Issued in Jamaica, N.Y., on January 18, In § 71.171 (38 FR 351) the descrip­ Designation of Control Area 1973. tion of the Salt Lake City, Utah, control R obert H. S tanton, On December 1, 1972, a notice of pro­ Acting Director, Eastern Region. zone is amended to read as follows: posed rule making (NPRM) was pub­ S a lt L a k e C i t y , U t a h lished in the F ederal R egister (37 FR 1. Amend § 71.171 of Part 71 of the Federal Aviation Regulations so as to Within a 5-mile radius of the Salt Lake 25530) stating that the Federal Aviation International Airport (latitude 40°47'10" N., Administration was considering an delete the description of the Philipsburg, longitude 111°58'00" W.) and within 2.5 amendment to Part 71 of the Federal Pa., control zone and insert the following miles each side of the Salt Lake City VORTAC Aviation Regulations that would desig­ in lieu thereof: 003° radial extending from the 5-mile radius nate a control area off the coast of North Within a 6-mile radius of the center, zone to 2 miles north of the VORTAC. Carolina that would include the airspace 40°53’00" N„ 78°05'15" W. of Mid-State [FR Doc.73-2329 Filed 2-6-73;8:45 am] in Warning Areas W-122 A, B, and C. Airport, Phipipsburg, Pa.; within 4 miles Interested persons were afforded an each side of a 327° bearing from a point 40°53'09" N., 78°05'06" W., extending from [Airspace Docket No. 72-NW-24] opportuinty to participate in the pro­ said point to a point 8.5 miies northwest. posed rule making through the submis­ PART 71— DESIGNATION OF FEDERAL sion of comments. All comments received 2. Amend § 71.181 of Part 71 of the AIRWAYS, AREA LOW ROUTES, CON­ were favorable. Subsequent to the pub­ Federal' Aviation Regulations so as to TROLLED AIRSPACE, AND REPORTING lication of the NPRM it was determined delete the description of the Philipsburg, POINTS that the control area should be assigned Pa., 700-foot floor transition area and PART 73— SPECIAL USE AIRSPACE a name rather than a control number to insert the following in lieu thereof: Alteration of Restricted Area and more accurately indicate its intended That airspace extending upward from 700 Designation of Federal Airway use. feet above the surface within a 7-mile radius The lateral and vertical dimensions of of the center, 40°53'00" N., 78°05'15" W., of On December 1, 1972, a notice of pro­ the control area remain the same as Mid-State Airport, Philipsburg, Pa., extend­ posed rule making (NPRM) was pub­ proposed. ing clockwise from a 270° bearing to a 300® lished in the F ederal R egister (37 FR bearing from the airport; within a 10.5-mile 25532) stating that the Federal Aviation In consideration of the foregoing, Part radius of the center of the airport, extending 71 of the Federal Aviation Regulations Is Administration (FAA) was considering clockwise from a 300® bearing to a 180° bear­ amendments to Parts 71 and 73 of the amended, effective 0901 G.m.t., March ing from the airport; within an 11-mile 29, 1973, as hereinafter set forth. radius of the center of the airport, extend­ Federal Aviation Regulations that would In § 71.163 (38 FR 344), the Wilming­ ing clockwise from a 180® bearing to a 210° divide Restricted Area R-6714 into two ton, N.C., additional control area is added bearing from the airport; within a 10.5- parts and designate a south alternate to mile radius of the center of the airport, a segment of yOR Federal airway V -448 as follows: extending clockwise from a 210° bearing to between Yakima and Moses Lake, Wash. W il m in g t o n , N.C. a 270° bearing from the airport; within 3.5 Interested persons were afforded an That airspace extending upward from 2,000 miles each side of a 340° bearing from opportunity to participate in the pro­ feet MSL bounded on the northeast by Con­ the Ginter RBN, extending from the RBN posed rule making through the submis­ trol Area 1181, on the southeast by the New to 10 miles north of the RBN; within 3.5 sion of comments. All comments received York Oceanic CTA/FIR boundary, on the miles each side of the Philipsburg VORTAC south by Control Area 1152, on the west by 067° radial, extending from the VORTAC to were favorable. Control Area 1151, and on the northwest by 11.5 miles northeast of the VORTAC; within In consideration of the foregoing, Parts a line 3 nautical miles from and parallel to 4 miles each side of a 327° bearing from a 71 and 73 of the Federal Aviation Regu­ the shoreline. point 40°53'09" N., 78°05'06" W., extending lations are amended, effective 0901 from said point to a point 8.5 miles north­ (Sec. 307(a), 1110, Federal Aviation Act of G.m.t., April 26, 1973, as hereinafter set 1958, 49 U.S.C. 1348(a), 1510; Executive west. forth. Order 10854, 24 FR 9565; sec. 6(c), Depart­ [FR Doc.73-2330 Filed 2-6-73;8:45 am] 1. In § 71.123 (38 FR 307) V-448 is ment of Transportation Act, 49 U.S.C. 1655 amended by deleting “Moses Lake, (c)) Wash.;“ and substituting “Moses Lake, [Airspace Docket No. 72-RM-30] Issued in Washington, D.C., on Janu­ Wash., including a south alternate via ary 30, 1973. PART 71— DESIGNATION OF FEDERAL the INT of the Yakima 129° and Ephrata, H. B. H elstrom, AIRWAYS, AREA LOW ROUTES, CON­ Wash., 203° radials to the INT of the Chief, Airspace and Air TROLLED AIRSPACE, AND REPORTING Ephrata 203° and Moses Lake 238° Traffic Rules Division. POINTS radials;“ therefor. [FR Doc.73-2332 Filed 2-6-73:8:45 am] Alteration of Control Zone 2. In § 73.67 (38 FR 675), Restricted Area R-6714 Yakima, Wash, (heading On December 1, 1972, a notice of pro­ and text), is deleted and the following is [Airspace Docket No. 72-EA-112] posed rule making was published in the substituted therefor: F ederal R egister (37 FR 25530) stating PART 71— DESIGNATION OF FEDERAL R-6714A Y a k im a , W a s h . AIRWAYS, AREA LOW ROUTES, CON­ that the Federal Aviation Administra­ TROLLED AIRSPACE, AND REPORTING tion was considering an amendment to Boundaries: Part 71 of the Federal Aviation Regula­ Beginning at latitude 46°51'00" N., longi­ POINTS tude 119°58'00" W.; along the west shore of Alteration of Control Zone and Transition tions that would alter the description the Columbia River to latitude 46° 42 '30" N-> Area of the Salt Lake City, Utah, control zone, longitude 119°58'00" W.; to latitude 46°33'- Salt Lake City, Utah. 00" N., longitude 120°04'00" W.; to latitude On page 25175 of the Federal R egister for November 28, 1972, the Federal Avia­ Interested persons were given 30 days 46°33'00" N., longitude 120°09'00" W.; to in which to submit written comments, latitude 46°36'22" N., longitude 120°18'50J tion Administration published proposed W.; to latitude 46°40'35" N., longitude 120 - régulations which would alter the suggestions, or objections. No objections 26'35" W.; to latitude 46°43'00" N., longitude Philipsburg, Pa., control zone (38 F.R. have been received and_ the proposed 120°26'38" W.; to latitude 46°51'00" N-. 351) and transition area (38 FR 435). amendment is hereby adopted without longitude 120°21'30"* W.; to latitude 46°- 51'00" W., longitude 120°16'30" W.; to lat­ Interested parties were given 30 days change. after publication in which to submit itude 46°54'30" N., longitude 120°15'00" W-I Effective date. This amendment shall clockwise along the arc of a 12-mile radius written data or views. No objections to circle centered at latitude 46°44'45" N., l°nSJ" the proposed regulations have been re­ be effective 0901 G.m.t., March 29, 1973. tude 120°20’00" W.; to latitude 46°51'00" N* ceived. (Sec. 307(a), Federal Aviation Act of 1958, longitude 120°08'30" W 4 to point of be­ In view of the foregoing, the proposed as amended, 49 US.C. 1348 (aVi sec. 6(c), ginning. . regulation is hereby adopted, effective Department of Transportation Act, 49 U.S.C. Designated altitudes: Surface to 29,000 feet 0901 G.m.t. March 29, 1973. 1655 (c )). MSL. FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7,' 1973 RULES AND REGULATIONS 3507

Time of designation: Continuous. quate and well-controlled investigations grantee in building, expanding, install­ Controlling agency: Federal Aviation Ad­ which would indicate conclusively that ing, repairing, or altering a physical fa­ ministration, Seattle ARTC Center. the combination drug would have the cility. Using agency: Commanding General, Fort Lewis, Wash. claimed effectiveness. Objections and re­ (d) “Direct costs” means total expendi­ quests for a hearing which are received tures for labor employed for work at the R-6714B Y a k im a , W a s h . in response to this order may be seen In site of construction, excluding only the Boundaries: the above office during business hours, professional services of an independent Beginning at latitude 46°42'30" N., longi­ Monday through Friday. architect or engineér. tude 119°58'00" W.; along the west shore of (Secs. 507, 512, 59 Stat. 463, as amended, 82 (e) “Excessive costs” means a differ­ the Columbia River to latitude 46°39'00'' N., Stat. 343-351; 21 U.S.C. 357, 360b) ence of at least 15 percent between pro­ longitude 119°55'30" W.; to latitude 46°33'- jected total construction costs (exclud­ 00” N., longitude 119°55'30” W.; to latitude Effective date. This order shall be­ ing the cost of an independent architect 46°33'00” N., longitude 120°04'00'' W.; to the come effective on March 19, 1973. point of beginning. or engineer) computed with the limited Designated altitudes: Surface to 29,000 feet Dated: January 29, 1973. use of third country nationals and simi­ MSL. lar costs computed with the unlimited Time of designation: Continuous. Sam D. F ine, use of third country nationals to perform Controlling agency: Federal Aviation Ad­ Associate Commissioner construction work under the contract in ministration, Seattle ARTC Center. for Compliance. question. Using agency: Commanding General, Fort [FR Doc.73-2313 Filed 2-6-73;8:45 am] (f) “Invitation for bids” means any Lewis, Wash. public announcement, advertisement or (Sec. 307 (a ), Federal Aviation Act of 1958, Title 22— Foreign Relations formal invitation to participate in com­ 49 U.S.C. 1348(a); and sec. 6(c), Depart­ CHAPTER II— AGENCY FOR INTERNA­ petitive bidding or any informal request ment of Transportation Act, 49 U.S.C. 1655 for proposals. (c )> TIONAL DEVELOPMENT, DEPARTMENT (g) “National of the recipient country” Issued in Washington, D.C., on Janu­ OF STATE means any individual who is recognized ary 30,1973. [AJ.D. Reg. 7] by the government of the recipient coun­ Charles H. Newpol, try as a national (of any type or degree) Acting Chief, Airspace and Air PART 207— LIMITATION ON THE EMPLOY­ of that country and includes any individ­ Traffic Rules Division. MENT OF THIRD COUNTRY NATIONALS ual who has resided in the recipient coun­ FOR CONSTRUCTION WORK FROM [FR Doc.73-2331 Filed2-6-73;8:45 am] try uninterruptedly for a period imme­ UNITED STATES FOREIGN ASSISTANCE diately preceding the date of any deter­ FUNDS mination hereunder longer than 3 years. Title 21— Food and Drugs (h) “Recipient country” means the CHAPTER I— FOOD AND DRUG ADMINIS­ Part 207 of Chapter II, Title 22 (A.I.D. country in which the site of construction TRATION, DEPARTMENT OF HEALTH, Reg. 7) is revised to read as follows: is located. E d u c a t i o n , a n d w e l f a r e sec. (i) “Regional Assistant Administrator” SUBCHAPTER C— DRUGS 207.1 Definitions. means the head of a regional bureau PART 144— ANTIBIOTIC DRUGS; EXEMP­ 207.2 Scope of this part. within the Agency for International De­ TIONS FROM LABELING AND CERTIFI­ 207.3 Policy: Limitation on the employment velopment or an official of comparable of third country nationals. CATION REQUIREMENTS rank in any other agency of the United 207.4 Procedure. States which is responsible for the ad­ Nitrophenide; Revocation 207.5 Waiver in the national interest. ministration of construction activities Based on a notice of withdrawal of A u t h o r it y : Sec. 118 of the Foreign Aid financed from funds made available by approval of a new animal drug applica­ and Related Agencies Appropriation Act, 1964 the Act. tion (Docket No. FDC-D-477) appearing 77 Stat. 857, 850 and delegations of authority from the President, E.O. 10973, 26 FR (j) “Third country national” means an elsewhere in this issue of the F ederal 10469, and the Secretary of State (Delegation individual who is not a citizen of the R egister, the Commissioner of Food and of Authority No. 104, 26 FR 10608), are re­ United States or a national of the re­ Drugs concludes that the antibiotic drug issued under the authority of section 109 of cipient country or a citizen of a country regulations should be amended to re­ the Foreign Aid and Related Agencies Ap­ Included within Code 941 as defined in voke provisions for the use of nitro­ propriation Act, 1972 (86 Stat. 48), section the A.I.D. Geographic Code Book. phenide in animal feed. 621 of the Foreign Assistance Act of 1961 (75 Therefore, pursuant to provisions of Stat. 424, as amended, 22 U.S.C. 2381), and § 207.2 Scope o f this part. the Federal Food, Drug, and Cosmetic the above-mentioned delegations of author­ (a) This part shall apply to contracts Act (secs. 507, 512, 59 Stat. 463, as ity. for construction work financed under de­ amended, 82 Stat. 343-351 ; 21 U.S.C. 357, § 207.1 Definitions. velopment loans authorized after Sep­ 360b) and under authority delegated to The following definitions apply to this tember 15, 1970, and to contracts under the Commissioner (21 CFR 2.120), Other loans to which this part is made § 144.26 Animal feeds bearing or contain­ regulation: (a) “Act” means the Foreign Aid and applicable by amendment to the loan or ing new animal drugs subject to the pro­ Related Agencies Appropriation Act, other appropriate action. visions of section 512 (n) of the act is (b) This part shall not apply to (1) amended in paragraph (b) (1) by re­ 1964, or any other Act which operates to make funds available for purposes of direct contracts by the United States, (2) voking subdivision (ii) and in paragraph contracts financed by grant funds, or (b)(2) by revoking subdivision (ii). foreign assistance and to which a restric­ tion applies which is identical with or (3) contracts financed by loan funds au­ On or before March 9, 1973, any per­ thorized before September 15, 1970, to son who will be adversely affected by the substantially similar to the restriction contained in section 118 of the Foreign which the provisions of this part have removal of any such drug from the not been made applicable. As to such market may file objections to this order Aid and Related Agencies Appropria­ tion Act, 1964. contracts, this part as in effect on Sep­ stating reasonable grounds for their ob­ tember 14,1970, shall be applicable. jections and may request a hearing on (b) “Borrower/grantee” means the such objections. Objections and request government of any recipient country or § 207.3 Policy: Limitation on the em­ for a hearing should be filed in quintu- any agency, instrumentality or political ployment o f third country nationals. plicate with the Hearing Clerk, Food and subdivision thereof, or any private en­ The United States will not finance out Drug Administration, Room 6- 88, 5600 tity to which the United States directly of funds made available by the Act the Fishers Lane, Rockville, MD 20852. makes funds available by loan or grant. direct costs of construction work per­ If a hearing is requested, the objec­ (c) “Construction work” means work formed in whole or in part by third tions must identify the claimed errors in performed in any less-developed country country nationals in any less-developed the NAS/NRC evaluation and any ade­ for the United States or for a borrower/ country unless:

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3508 RULES AND REGULATIONS

(a) The total estimated price or pro­ 2. Individuals who have resided in regulation in any specific case, i.e., con­ jected total costs of the project with (______(name of recipient coun­ tract, loan, etc. in which he determines which the construction work is associated try) ) uninterruptedly for a period (immedi­ ately preceding the date of any determina­ that it is important to the national in­ (excluding the cost of an independent tion hereunder) longer than 3 years. terest of the United States that the architect or engineer) do not exceed direct costs of construction work per­ $250,000; or the bidder shall write upon the bid “limited formed by third country nationals be bid”. (b) At least 80 percent of all persons If the bidder does not agree to the above financed out of funds made available by (excluding nationals of the recipient undertaking, he shall write upon the bid the Act. country) who work under the contract “ unlimited bid”. A bidder who submits an (3) The authority set forth in sub- at the site of construction are citizens unlimited bid may also submit a limited bid. paragraphs (1) and (2) of this para­ of the United States or of Code 941 An unlimited bid will be accepted only if graph may be delegated to the principal countries; or projected total construction costs under the deputy of the Regional Assistant Admin­ unlimited bid are at least 15 percent less (c) The employment of third country than similar costs in the lowest responsive istrator but may not be further redele­ nationals is necessary for the avoidance bid submitted by any contractor. gated. of excessive costs to the United States. A bidder whose limited bid is accepted (b) Guidelines. In making any deter­ agrees to provide to (______. (name § 207.4 Procedure. mination pursuant to paragraph (a) (2) of agency of the U.S. Government)), upon of this section, the Regional Assistant (a) General. For each construction its request, all appropriate information per­ Administrator shall be guided by all rele­ contract which will be financed from taining to the above contract term. If citi­ zens of the United States and of Code 941 vant considerations, including one or funds made available by the Act and countries shall at any time comprise less more of the following: which is associated with a project having than 80 percent but more than 60 percent of ( 1 ) The security interest of the United a total estimated price or projected total all persons employed on the project (as de­ States, especially with respect to the costs over $250,000 which will be financed termined above), the contractor shall refund construction of defense installations, from funds made available by the Act, to (______(name of agency of the U.S. Government or name of the borrower/ communications facilities or other proj­ the Regional Assistant Administrator, or ects of a nature substantially related to his delegate, in consultation with the grantee, as appropriate)) an amount equal to 15 percent of the total cost of all labor the defense requirements of the United borrower/grantee, shall choose for im­ employed for work at the site of construction States, including in this regard whether plementation one of the three procedures for the period during which such deficiency the use of third country nationals would set forth below in this section. occurred. This refund shall be increased to appreciably accelerate such construction (b) Procedure 1: Limited bid. The in­ 15 percent of total construction costs, if citi­ or would otherwise serve the security in­ vitation for bids which the U.S. Govern­ zens of the United States and of Code 941 countries shall at any time comprise less terest of the United States; ment issues or approves will include the (2) The urgency of the proposed con­ substance of the following: than 60 percent of all persons employed on the project (as determined above). struction, especially following any dis­ Citizens of the United States and of Code 941 countries shall comprise 80 percent of all (d) Procedure 3: Preliminary deter­aster in the recipient country, and the persons who work under the contract at the mination. (1) The Regional Assistant extent to which the employment of third site of construction, whether employed by the Administrator, or his delegate may country nationals would appreciably ac­ contractor directly or by a subcontractor, determine before the opening of bids sub­ celerate such construction; excluding from this computation: mitted in response to a formal invitation 1. Nationals of (______(name of that the employment of third country (3) [Reserved] recipient country)), as determined under (4) The views of other donor powers the law of (______(name of re­ nationals is necessary for the avoidance cipient country)); and of excessive costs to the United States. or lending-institution participants (in­ 2. Individuals who have resided in This determination may be made in re­ cluding the recipient country) in the fi­ (______(name of recipient coun­ liance upon information received pur­ nancing of the construction in question, try) ) uninterruptedly for a period (immedi­ suant to especially in instances where the United ately preceding the date of any determina­ (1) A qualification procedure for con­ tion hereunder) longer than 3 years. tractors prior to the submission of for­ States will finance less than 50 percent The contractor shall provide to of the cost of the construction; (______(name of agency of the mal bids: or U.S. Government)), upon its request, all (ii) Any other procedure which the (5) The attainment of U.S. foreign appropriate information pertaining to the Regional Assistant Administrator has policy objectives and the objectives of above contract term. declared to be appropriate for the case the Foreign Assistance Program. If citizens of the United States and of Code in question. 941 countries £hall at any time comprise less (2) Every determination under sub- These amendments shall be effective than 80 percent of all persons employed on paragraph (1) of this paragraph shall as of September 15,1970. the project (as determined above), the con­ be retained in an appropriate contract Dated: January 30,1973. tractor shall refund to (______file. (name of agency of the U.S. Government or M aurice J. W illiams, name of the borrower/grantee, as appropri­ § 207.5 Waiver in the national interest. Deputy Administrator. ate) ) an amount equal to 15 percent of the total cost of all labor employed for work at (a) Authority. (1) The Regional As­ [FR Doc.73-2354 Filed 2-6-73:8:45 am] the site of construction for the period dur­ sistant Administrator may waive the ap­ ing which such deficiency occurred. plicability of this regulation to a specific country or to several countries within a Title 31— Money and Finance: Treasury (c) Procedure 2: Limited and unlim­ regional associatioQ as being important CHAPTER I— MONETARY OFFICES, ited bids. The invitation for bids which to the national interest of the United DEPARTMENT OF THE TREASURY the U.S. Government issues or approves States: PART 103— FINANCIAL RECORDKEEPING will include the substance of the (1) When it is illegal under the laws following: AND REPORTING OF CURRENCY AND of the recipient country to exclude any FOREIGN TRANSACTIONS If the bidder agrees to undertake that at third country nationals from equal em­ least 80 percent of all persons who work ployment with nationals of the recipient Additional Records To Be Made and under the contract at the site of construc­ country, or Retained by Banks; Correction tion, whether employed by the contractor di­ (ii) When the nationals of such asso­ rectly or by a subcontractor, will be citizens In the document appearing at page of the United States and of Code 941 coun­ ciated countries are mutually or recip­ 2174 in the issue for Monday, Jan­ tries, excluding from this computation: rocally granted rights of equal employ­ uary 22, 1973, the following change ment with nationals of the recipient 1. Nationals of (______(name should be made: of recipient country)), as determined under country. the law of (______(name .of re­ (2) The Regional Assistant Adminis­ Section 103.34(b)(7) should read as cipient country)); and trator may waive the applicability of this follows:

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 RULES AND REGULATIONS 3509

§ 103.34 Additional records to be made (iii) From 10 p.m. to 6:30 a.m., daily,E.O. 10277, E.O. 10350, E.O. 11249; 3 CFR, and retained by banks. the draw shall open on signal if at least 1949-1953 Comp. 356, 778, 873, 3 CFR, 1964r- 1965 Comp. 349, 33 CFR Part 6, 49 CFR * * * * ■ • • 2 hours notice is given. 1.46(b) ) * • • * • (b) • • * Effective date. This amendment is ef­ (7) Each check or draft in an amount (Sec. 5, 28 Stat. 362, as amended, sec. 6(g) (2), 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. fective from 0600 P.s.t., February 9,1973, in excess of $10,000 drawn on or issued 1655(g) (2); 49 CFR 1.46(C) (5), 33 CPR 1.05- to 1200 P.s.t., February 9, 1973. by a foreign bank which the domestic 1 (c )(4)) bank has paid or presented to a non­ Dated: February 1, 1973. bank drawee for payment. Effective date. This revision shall be­ come effective on March 12,1973. M ark A. W halen, * ♦ * * * VADH, U.S. Coast Guard, Com­ [seal] S amuel R. Pierce, Jr., Dated: February 1,1973. mander, Twelfth Coast Guard General Counsel. J. D. M cCann, District, San Francisco, Calif. Edward L. M organ, Captain, U.S. Coast Guard, Ac­ [FR Doc.73-2395 Filed 2-6-73;8:45 am] Assistant Secretary. ting Chief, Office of Marine, Environment and Systems. Title 36— Parks, Forests, and Memorials January 31, 1973. [PR Doc.73-2368 Filed 2-6-73;8:45 am] [PR Doc.73-2369 Filed 2-6-73; 8:45 am] CHAPTER II— FOREST SERVICE, DEPARTMENT OF AGRICULTURE Title 33— Navigation and Navigable Waters [COD 12—73—1R] PART 212— ADMINISTRATION OF THE FOREST DEVELOPMENT TRANSPORTA­ CHAPTER I— COAST GUARD, PART 127— SECURITY ZONES TION SYSTEM DEPARTMENT OF TRANSPORTATION San Francisco Bay, Calif. Road Closures [CG 72-119R] This amendment to the Coast Guard’s Section 212.7(a)(3), Part 212 of Title PART 117— DRAWBRIDGE OPERATION Security Zone Regulations, establishes REGUI^ATIONS waters of San Francisco Bay, including 36, Code of Federal Regulations is re­ vised to read as follows: Mare Island Strait, Vallejo, Calif. the waters surrounding aircraft carrier pier, Alameda Naval Air Station, Ala­ § 212.7 Road system management. This amendment changes the regula­ meda, Calif., as a security zone. This se­ tions for the U.S. Navy bascule bridge curity zone is established to prevent in­ (a) Traffic rules. * * * across Mare Island Strait, mile 2.8 to terference with the sailing of the U.S.S. (3) Closures. The Chief may close provide that the draw need not open Coral Sea CVA-43. roads, or segments thereof, under the from 10 p.m. to 6:30 a.m., unless at least This amendment is issued without jurisdiction of the Forest Service to all 2 hours notice is given. This amendment publication of a notice of proposed rule vehicle use or to use by certain classes was circulated as a public notice dated making and this amendment is effective July 17, 1972 by the Commander, 12th in less than 30 days from the date of of vehicles. Notice of closures shall be Coast Guard District and was published publication because this security zone posted at the entrances to such roads or in the F ederal R egister as a notice of involves a military function of the road segments and be available to the proposed rule making (CGD 72-119P) on United States. public at the offices designated in § 200.7 June 30,1972 (37 F.R. 12968). Eight com­ ments were received. One supported the In consideration of the foregoing, Part of this chapter. Using vehicles upon any proposal. Three responses had no com­ 127 of Title 33 of the Code of Federal road during any period when such road is ment or no objection. Two objected on Regulations is amended by adding closed to such vehicles is prohibited. the grounds that the advance notice re­ § 127.1201, to read as follows: * * * * * quired from 10 p.m. to 6:30 a.m., would § 127.1201 San FranciscoBay. This revision consists of the addition be unduly restrictive, however the Coast The areas within the following "bound­ of the last sentence which reinstates pro­ Guard feels that this is reasonable in ary is a security zone: A line beginning view of the limited passages during this hibitive language in § 212.7(a) (3). This from a point on the shore at 37°46'53" prohibitive language was present in time. Two objected to the proposal but N. latitude, 122°19'49" W. longitude; these objections were withdrawn when eastward along the Alameda Naval Air § 261.4 but was inadvertently omitted the bridge owner assured passage when Station shoreline to 37°46' N. latitude, when § 261.4(h) was reworded and prearrangements had been made. 122°17'20" W.; thence westward to moved to § 212.7 (a) (3) on January 18, Accordingly, Part 117 of Title 33 of the 37°46' N. latitude, 122s 19'53" W.; 1972 (37 FR 737). Code of Federal Regulations is amended thence northerly to 37°46'25" N. lati­ In accordance with the exception pro­ by revising subparagraph (1) of para­ tude, 122°19'43" W. longitude (Alameda graph (i) of § 117.712 to read as follows: Naval Air Station Channel Lighted Buoy vided in the Department of Agriculture’s policy (36 FR 13804), it has been found § 117.712 Tributaries o f San Francisco 4Y; thence to 37°46'36" N. latitude, Bay and San Pablo Bay, Calif. 122°19'42" W. longitude (Alameda Naval and determined that rule making proce­ ***** Air Station Channel Lighted Buoy 3); dures contained in 5 U.S.C. 553 would be ( ! ) * * * thence to the point of beginning, while unnecessary. the U.S.S. Coral Sea CVA-43 is moored (1) U.S. Navy Bridge (Mare Islandat the aircraft carrier pier, Alameda (26 Stat. 1103, 16 U.S.C. 471; 30 Stat. 35, 36, Causeway) at Vallejo, (i) The draw shall 16 U.S.C. 478, 551; 50 Stat. 526, 7 U.S.C. 1011 Naval Air Station, Alameda, Calif., and (f); 72 Stat. 885, as amended, 23 U.S.C. 101, open on weekdays on signal from 7:30 a rectangular area around the Coral Sea 205; 78 Stat. 1089, 16 U.S.C. 532-538; 74 Stat. a.m. to 3:45 p.m., and 4:45 p.m. to 10 circumscribed by a line 2,000 yards from 215, 16 U.S.C. 528-531) p.m. and from 6:30 a.m. to 10 p.m. on the bow, 500 yards from either side and Saturdays, Sundays, and holidays, 1,500 yards from the stern of the U.S.S. Effective date. This revision takes ef­ (ii) From 6:30 a.m. to 7:30 a.m. andCoral Sea while the U.S.S. Coral Sea is fect February 10, 1973. 3:45 p.m. to 4:45 p.m., daily, except Sat­ underway in San Francisco Bay and ap­ T. K. C owden, urdays, Sundays, and holidays, the draw proaches thereto. Assistant Secretary of Agriculture. need not open for the passage of vessels (46 Stat. 220, as amended, section 1, 63 Stat. other than public vessels of the United 503, section 6(b), 80 Stat. 937; 50 U.S.C. 191, F ebruary 2, 1973. States. 14 U.S.C. 91, 49 UJ3.C. 1655(b); E.O. 10173, [FR Doc.73-2347 Filed 2-6-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO . 25— WEDNESDAY, FEBRUARY 7, 1973 3510 RULES AND REGULATIONS

Title 39— Postal Service for securing the advantage of full-party staff, to the presiding officer, or to any CHAPTER III— POSTAL RATE COMMISSION status while avoiding the obligations employee participating in the decision in placed on such parties. We believe the such proceeding, any ex parte off-the- [Docket No. RM73-2] rights and limitations being prescribed record communication regarding any PART 3001— RULES OF PRACTICE AND strike an appropriate balance. matter at issue in the on-the-record pro­ PROCEDURE Persons who choose to avail them­ ceeding, except as authorized by law; Limited Participation In Commission Pro­ selves of the status of limited participa­ and no Commissioner, member of his ceedings by Persons Not Parties tors will have an adequate opportunity personal staff, presiding officer, or em­ to submit evidence and state their posi­ ployee participating in the decision in F ebruary 6, 1973. tion on the issues without unduly delay­ such proceeding, shall request or enter­ In the advance notice of rulemaking ing the progress of the hearing or impos­ tain any such communication. For the regarding proposed revisions to rules of ing unwarranted burdens on formal purposes of this section, the term “on- practice and procedure, Docket No. RM parties. The Commission wishes to em­ the-record proceeding” means a proceed­ 73-2, published in the F ederal R egister phasize, however, that the rules estab­ ing noticed pursuant to § 3001.17. The on August 16, 1972 (37 FR 16554), the lish significant differences between prohibitions of this paragraph shall ap­ Commission invited interested parties to formal parties and limited participators, ply from the date of issuance of such submit comments for revision of proce­ particularly in connection with discovery notice. dural provisions of the Commission’s and the opportunity to be heard follow­ rules of practice and procedure. Proposals ing issuance of an intermediate decision. 4. Add a new § 3001.19a reading as were received for revising a number of Persons contemplating limited partici­ follows: rules, and these are currently under pation under the new rules should be consideration. mindful of the restrictions placed on § 3001.19a Limited participation by per* Expressly referred to in the notice was their participation in the Commission sons not parties. a proposal to allow limited participation proceeding and also of the effect their Notwithstanding the provisions of in Commission proceedings, permitting decision may have on their standing to § 3001.20, any person may appear as a a person who did not choose to avail him­ seek appellate review under 39 U.S.C. limited participator in any case that is self of the full hearing rights granted 3628. noticed for a proceeding pursuant to formal parties a means for placing before Pursuant to section 3603 of the Postal § 3001.17, in accordance with the follow­ the Commission his position on any of Reorganization Act, 39 U.S.C. 3603, it is ing provisions: the issues in the case. This proposal as­ ordered that the rules of practice and (a) Form of request. Requests for leave sumed special significance in light of the procedure are amended as set forth be­ to be heard as a limited participator shall forthcoming classification case, notice of low. Since the amendments are proce­ be in writing, shall set forth the nature which was published in the F ederal dural in nature, notice and public pro­ and extent of the requestor’s interest in R egister on January 30, 1973 (38 FR cedure thereon are not required, and it the proceeding, shall include the name 2800). Accordingly, this aspect of Docket is therefore further ordered that they and full mailing address of the person No. RM73-2 is being considered at this shall become effective on February 7, or persons who are to receive service of time independently of the other matters 1973. Accordingly, in light of the fore­ documents by the Secretary, and, ex-_ in the docket. going findings, and after careful con­ cept where good cause for late filing is Commenting in favor of a rule allow­ sideration of the comments received, the shown, shall be filed not later than the ing limited participation were Second Commission hereby amends Part 3001 of date fixed for the filing of petitions to Class Mail Publications, Inc., American its regulations (39 CFR Part 3001), as intervene pursuant to § 3001.20(c). Retail Federation, Fairchild Publications, follows: (b) Action on requests. As soon as Inc. and Magazine Publishers Associa­ 1. Amend the table of contents by practicable the Commission shall act to tion. The Postal Service also supported adding a new § 3001.19a Limited par­ grant or deny requests for limited par­ the concept but argued that the persons ticipation by persons not parties as ticipation. The grant of a request for. having such status must “accept the follows: limited participation shall not constitute lesser rights which that status confers Sec. a determination by the Commission that along with the lesser obligations it im­ the grantee has such an interest in the poses.” 1 No comments opposing the 3001.19a Limited participation by persons not parties. proceeding that he would be aggrieved adoption of such a rule were received. by an ultimate decision or order of the In essence what supporters of the rule 2. Revise § 3001.5(h) to read: Commission. seek is the opportunity to state their (c) Scope of participation. Subject to views on the record without incurring § 3001.5 Definitions* * * * * * the provisions of § 3001.30(f), limited the burdens in effort and expense that participators may present evidence which full participation in lengthy and complex (h) “Participant” means any partyis relevant to the issues involved in the proceedings frequently entails. Their and the officer of the Commission who is proceeding and their testimony shall be comments do not set forth with any designated to represent the interests of subject,to cross-examination on the same specificity what the scope of such par­ the general public and, for purposes of terms applicable to that of formal par­ ticipation should be; but they cite as §§ 3001.11(e), 12, 21, 23, 24, 30, 31, and ticipants. Limited participators may file examples of what they seek 14 CFR 32 only, it also means persons granted briefs or proposed findings pursuant to 302.14(b) and 49 CFR 1100.73, rules of limited participation. §§ 3001.34 and 3001.35, and within 15 the CAB and ICC, respectively, which ***** days after the release of an intermediate provide for limited intervention in the 3. Amend § 3001.7(a) as follows: decision, or such other time as may be proceedings of those agencies. fixed by the Commission, they may file a As indicated in the notice, the Com­ § 3001.7 Ex parte communications. written statement of their position on mission favors a relaxation of the rules (a) Prohibition. To avoid the possibil­the issues..The Commission or the pre­ to allow limited participation by those ity or appearance of impropriety or of siding officer may require limited par­ who do not desire to become full parties prejudice to the public interest and per­ ticipators having substantially like in­ to our proceedings. At the same time we sons involved in proceedings pending be­ terests and positions to join together for recognize, as do the proponents of the fore the Commission, no person who is a any or all of the above purposes. Sec­ rule,3 the merits of the Postal Service party to any on-the-record proceeding tions 3001.25 through 3001.28 shall not view that such a rule should not be one­ or who is granted limited participation in be applicable to limited participators. sided. Otherwise it could become a means accordance with § 3001.19a, or his coun­ However, limited participators, particu­ sel, agent, or other person acting on his larly those making contentions under behalf, nor any intercéder, shall volun­ 39 U.S.C. 3622(b)(4), are advised that 1 Reply comments of USPS, p. 2. failure to provide relevant and material 9 See, e.g., Reply comments of Fairchild teer or submit to any member of the Publications, Inc. Commission or member of his personal information in support of their claims

FEDERAL REGISTER, VOL. 38, NO . 25— WEDNESDAY, FEBRUARY 7, 1973 RULES AND REGULATIONS 3511 will be taken into account in determining over salad should be included under the conduct for employees of the National the weight to be placed on their evidence general category turnip tops. Foundation on the Arts and the Humani­ and arguments. Furthermore, a separate tolerance was ties, Part 1105 of Title 45, Code of Fed­ 5. Amend § 3001.55 to read: established for residues of the herbicide eral Regulations is amended as indicated 2-chloroallyl diethyldithiocarbamate on in paragraphs 1 through 4 below. In §3001.55 Service by the Postal Service. hanover salad at 0.2 part per million (33 general, these amendments make the fol­ Immediately after the issuance of an FR 10568; July 25, 1968). Accordingly, it lowing changes to Part 1105: (1) The order or orders by the Commission desig­ is concluded that said tolerance should preliminary statement of definitions is nating an officer of the Commission to be deleted. revised to more accurately describe cer­ represent the interests of the general Therefore, pursuant to provisions of tain categories of Foundation employees public or granting petitions to intervene the Federal Food, Drug, and Cosmetic (see paragraph 1); (2) the list designat­ in a proceeding before the Commission Act (sec. 701(a), 52 Stat. 1055; 21 U.S.C. ing Foundation employees who must file under this subpart, the Postal Service 371(a)), the authority transferred to the statements of employment and financial shall serve copies of its formal request Administrator of the Environmental Pro­ interests is revised to reflect changes in for a recommended decision and its pre­ tection Agency (36 FR 15623), and the the organizational structure of the pared direct evidence upon such officer authority delegated by the Administra­ Foundation (see paragraph 2) ; (3) cer­ and the parties permitted to intervene tor to the Deputy Assistant Administra­ tain provisions relating to employee" con­ as provided in § 3001.12. Such service tor for Pesticides Programs (36 FR 9038), duct are revised for purposes of incor­ shall also be made on persons who have Part 180 is amended as follows: porating where necessary the new defini­ been granted limited participation. 1. In § 180.1(h), by revising the item tional categories described in paragraph 1 (see paragraph 3 ); and (4) one exam­ 6. Amend § 3001.65 to read: “ turnip tops * * *” in the table, as follows: ple in the regulation pertaining to em­ § 3001.65 Service by the Postal Service. ployee contact with nonprofit or com­ § 180.1 Definitions and interpretations. Immediately after the issuance of an mercial organizations is revoked (para­ order or orders by the Commission des­ * * sfc * * graph 4). ignating an officer of the Commission to (h) * * * 1. Section 1105.735-3 is revised to read represent the interests of the general A , B as follows: public or granting petitions to intervene * * * * * * § 1105.735—3 Definitions. in a proceeding before the Commission Turnip tops or Broccoli raab (raab, (a) “Employee” means an officer or under this subpart, the Postal Service turnip greens. raab salad), hanover employee of the National Endowment for shall serve copies of its formal request for salad, turnip tops (turnip greens). the Arts or the National Endowment for a recommended decision and its prepared the Humanities or a member of the direct evidence upon such officer and the 2. In § 180.247 b-Chloroallyl diethyl- shared staff of both Endowments. The parties permitted to intervene as pro­ dithiocarbamate; tolerances for residues, term “employee” includes both a “regu­ vided in § 3001.12. Such service shall also by deleting the words “hanover salad”. be made on persons who have been lar employee” (as defined in this section) granted limited participation. Since this order merely provides for and a “special Government employee” minor technical changes which are non- unless expressly qualified. 7. Amend § 3001.75 to read: controversial, notice, public procedure, (b) “Regular employee” means a per­ § 3001.75 Service by the Postal Service. and delayed effective date are not pre­ son holding an appointment in the com­ requisites to this promulgation. petitive or excepted service, occupying a Immediately after the issuance of an position on the staff of either Endow­ order or orders by the Commission des­ Effective date. This order shall be effec­ ment or the shared staff of both En­ ignating an officer of the Commission tive February 7, 1973. dowments, without regard to assigned to represent the interests of the general (Sec. 701(a), 52 Stat. 1055; 21 U'S.C. 371(a)) working schedule (that is, including full­ public or granting petitions to intervene Dated: February 1, 1973. time, part-time and intermittent sched­ in a proceeding before the Commission ules), but excluding all “special Gov­ under this subpart, the Postal Service H enry J. K orp, ernment employees” who have not been shall serve copies of its formal request Deputy Assistant Administrator designated as “regular employees” by the for an advisory opinion and its prepared for Pesticides Programs. Chairman of either Endowment for pur­ direct evidence upon such officer and the poses of these regulations. parties permitted to intervene as pro­ [FR Doc.73-2357 Filed 2-6-73;8:45 am] vided by § 3001.12. Such service shall also (c) “Full-time employee” means a be made on persons who have been Title 41— Public Contracts and Property “regular employee” with an assigned Management full-time working schedule. granted limited participation. (d) “Part-time employee” means a (Secs. 3603, 3622-3624, 3661, 3662 of the Postal CHAPTER 60— OFFICE OF FEDERAL CON­ “regular employee” with an assigned Reorganization Act; 84 Stat. 760-762, 764; 39 TRACT COMPLIANCE, EQUAL EMPLOY­ part-time (less than 40 hours a week) U.S.C. 3603 , 3622-3624, 3661, 3662; 5 U.S.C. MENT OPPORTUNITY, DEPARTMENT OF 553, 80 Stat. 383-384) work schedule. LABOR (e) “Intermittent employee” means a By the Commission. PART 60-50— GUIDELINES ON DISCRIM­ “regular employee” with an assigned in­ INATION BECAUSE OF RELIGION OR J oseph A. F isher, termittent working schedule. Secretary. NATIONAL ORIGIN (f) “Shared staff” and “joint employ­ [FR Doc.73-2517 Filed 2-6-73:8:45 am] Correction ees” mean employees performing services for both Endowments on a shared basis. In FR Doc. 73-1288 appearing at page (g) “Special Government employee” Title 40— Protection of Environment 1932 of the issue for Friday, January 19, means a “special Government employee” CHAPTER I— ENVIRONMENTAL 1973, in § 60-50.1 (a) the tenth line, read­ as defined in section 202 of title 18 of PROTECTION AGENCY ing “ tors and subcontractors under fed­ the United States Code who is employed erally”, should be deleted. SUBCHAPTEfî E— PESTICIDES PROGRAMS by the National Endowment for the Arts or the National Endowment for the Hu­ PART 180— TOLERANCES AND EXEMP­ Title 45— ^Public Welfare manities, or by both Endowments jointly. TIONS FROM TOLERANCES FOR PESTI­ (h) “Endowment” means either the CIDE CHEMICALS IN OR ON RAW AGRI­ CHAPTER XI— NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Arts or the CULTURAL COMMODITIES National Endowment for the Humanities. Miscellaneous Amendments PART 1105— STANDARDS OF CONDUCT OF EMPLOYEES (i) “Foundation” means the National Because the raw agricultural commod­ Foundation on the Arts and the ity turnip tops is a close relative of the Miscellaneous Amendments Humanities. raw agricultural commodity hanover In order to clarify and update present (j) “Chairman” means the Chairman salad, it is concluded that the term han- regulations establishing standards of of the National Endowment for the Arts,

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY,. FEBRUARY 7, 1973 3512 RULES AND REGULATIONS or the Chairman of the National En­ and proper discharge of their duties and fied, changed, or suspended by order of dowment for the Humanities. responsibilities. Incompatible activities this Commission. 2. In § 1105.735-6, paragraph (a) (2) include, but are not limited to, accept­ Effective date. This amendment shall is revised in part as follows: ance of anything of monetary value become effective at 11:59 p.m., Janu­ which may result in . or create the ap­ ary 31,1973. § 1105.735—6 Statements of employment pearance of a conflict of interest. and financial interests. (Secs. I, 12, 15, and 17(2), 24 Stat. 379, 383, (2) Employees shall not engage in out­ 384, as amended; 49 U.S.C. 1, 12, 15, and 17 (a) * * * side employment which tends to impair (2). Interprets or applies secs. 1(10-17), 15- (2) Requirements of the National En­their health or capacity to discharge ac­ (4), and 17(2), 40 Stat. 101, as amended, 54 dowment for the Arts and the National ceptably their duties and responsibilities. Stat. 911; 49 Ü.S.C. 1(10-17), 15(4), and 17(2)) Endowment for the Humanities. * * * (3) Regular employees shall not re­ (i) National Endowment for the Arts: ceive anything of value from a private It is further ordered, That a copy of (a) Deputy chairman. source as compensation for their activi­ this amendment shall be served upon the (b) All special assistants to the chair­ ties as endowment employees. Association of American Railroads, Car man and deputy chairman. ***** Service Division, as agent of all railroads (c) All program, division and office subscribing to the car service and car directors. (h) Advice or assistance to nonprofithire agreement under the terms of that (ii) National Endowment for the or commercial organizations. * * * agreement, and upon the American Humanities: (2) Specific examples. * * * Short Line Railroad Association; and (a) Deputy chairman. (ii) [Reserved!. that notice of this amendment be given (b) All assistants (including special ***** to the general public by depositing a assistants) to the chairman and deputy (j) Compensation from endowment copy in the Office of the Secretary of the chairman. awarded funds. No regular employee may Commission at Washington, D.C., and (c) All program and office directors receive any compensation, either directly by filing it with the Director, Office of (but not including the Public Informa­ or indirectly, from funds awarded to con­ the Federal Register. tion Director). tractors or grantees by either endow­ By the Commission, Railroad Service (d) All program officers classified at ment. GS-13 and above. Board. ***** (iii) Shared staff: [ seal] R obert L. O swald, (a) All attorneys. (Sec. 10, 79 Stat. 852, as amended 82 Stat. Secretary. (b) Director and Assistant Director 186, 84 Stat. 443; 20 Ü.S.C. «59. E.O. 11222, of Administration. 30 FR 6469; 3 CFR 404. 5 CFR 735.104) [FR Doc.73-2377 Filed 2-6-73;8:45 am] (c) All auditors classified at GS-13 Approved by the Civil Service Commis­ and above. sion on December 19, 1972. [Rev. SAD. 1110, Corrected Arndt. 3] (d) Financial manager. These amendments will take effect on PART 1033— CAR SERVICE (e) Administrative services officer. February 15, 1973. Penn Central Transportation Co. Required (/) All grants officers. Dated: January 24, 1973. To Restore Certain Pennsylvania Service ***** Nancy H anks, At a session of the Interstate Com­ 3. In § 1105.735-7, paragraphs (e) (1) Chairman, merce Commission, Railroad Service and (2), (g) (1), (27 and (3) are revised, National Endowment for the Arts. Board, held in Washington, D.C., on the subdivision (ii) of paragraph (h) (2) is 20th day of December 1972. revoked and reserved and paragraph (j ), R onald S. B erman, Upon further consideration of Revised revised to read as follows: Chairman, National Endowment Service Order No. 1110 (37 FR 19616, for the Humanities. §1105.735—7 Employee conduct. 22871, and 23236), and good cause ap­ [FR Doc.73-2309 Filed 2-6-73;8:45 am] pearing therefor: * * * ■ * * It is ordered, That: § 1033.1110 Service (&t Participation in Endowment grants Title 49— Transportation Order No. 1110 (Penn Central Transpor­ by former Endowment employees * * * tation Co., George P. Baker, Richard C. (1) In addition to the statutory bars CHAPTER X— INTERSTATE COMMERCE Bond, Jervis Langdon, Jr., and Willard against ever dealing with the U.S. Gov­ COMMISSION Wirtz, Trustees, required to restore serv­ ernment in connection with a particular SUBCHAPTER A— GENERAL RULES AND ice at the Buttonwood {Wilkes-Barre), matter in which he participated person­ REGULATIONS Pennsylvania, Gateway and to reroute ally and substantially while an employee, [S.O. 1104, Arndt. 2] traffic originally routed via that gate­ and against dealing with the Govern­ PART 1033— CAR SERVICE way) be, and it is hereby, amended ment for 1 year after leaving in connec­ by substituting the following paragraphs tion with a matter under his official re­ Penn Central Transportation Co.; Authori­ (a) and (e) for paragraphs (a) and (e) sponsibility while in the Government, a zation To Operate Over Tracks of Erie thereof: Lackawanna Railway Co. former regular employee of an Endow­ (a) The Penn Central Transportation ment may not negotiate with either En­ At a session of the Interstate Com­ Co., George P. Baker, Richard C. Bond, dowment, with a view to obtaining sup­ merce Commission, Railroad Service Jervis Langdon, Jr., and Willard Wirtz, port for himself or his organization Board, held in Washington, D.C., on the Trustees (Penn Central), be, and it is within 1 year after having left the En­ 31st day of January 1973. hereby, ordered to restore service via its dowment, except with the written per­ Upon further consideration of Service Buttonwood (Wilkes-Barre), Pennsyl­ mission of the Chairman of the Endow­ Order No. 1104 (37 FR 15307 and 22986), vania, Gateway on or before January 3l. ment in which he had been employed. and good cause appearing therefor: 1973. (2) A former regular employee of an It is ordered, That: § 1033.1104 Service (e) It is further ordered, That this Endowment may not be compensated Order No. 1104 (Penn Central Transpor­ order shall become effective at 11:59 p.m., from an Endowment grant directly or tation Company, George P. Baker, Rich­ September 15,1972, and, as to paragraph indirectly within 1 year of his leaving ard C. Bond, and Jervis Langdon, Jr., 1033.1110(b), shall expire at 11:59 p.m., the Endowment, except with the written Trustees, authorized to operate over January 31, 1973, unless sooner vacated permission of the Chairman of the En­ tracks of the Erie Lackawanna Railway by order of this Commission upon res­ dowment in which he had been employed. Company) be, and it is hereby, amended toration of service through the Button- ***** by substituting the following paragraph wood (Wilkes-Barre) Gateway. (g) Outside employment and other (e) for paragraph (e) thereof : (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, activity. (1) Employees shall not engage (e) Expiration date. The provisions of384, as amended, 49 U.S.C. 1, 12, 15, and 17 in any outside employment or other out­ this order shall expire at--11:59 p.m., (2). Interprets or applies Secs. 1(10-17). side activity not compatible with the full March 31, 1973, unless otherwise modi­ 15(4), and 17(2), 40 Stat. 101, as amended,

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 RULES AND REGULATIONS 3513

54 Stat. 911; 49 TJ.S.C. 1(10-17), 15(4), and (c) Exceptions. (1) The provisions of be charged for all detention, computed 17(2)) this order shall not apply to freight cars under paragraphs (d) (1), (2), and (3) listed in the Official Railway Equipment of this section. It is further ordered, That copies of (e) If the application of demurrage this order shall be served upon the Asso­ Register, I.C.C. R.E.R. 386 issued by W. ciation of American Railroads, Car Serv­ J. Trezise, or reissues thereof, as having rules published in any tariff lawfully in ice Division, as agent of the railroads the following descriptions and mechani­ effect results in demurrage charges subscribing to the car service and car cal designations: greater than those provided in this order, hire agreement under the terms of that Mechanical designation: RA, RAM, RCD, RS, such greater charges shall apply. agreement, and upon the American Short RSB, RSM, RSTC, and RSTM. (f) Application. The provisions of this Line Railroad Association; and that no­ Mechanical designation: SA, SC, SD, SF, SH, order shall apply to intrastate, interstate, tice of this order shall be given to the SM, SP, and ST. and foreign commerce. Mechanical designation: TA, TAI, TO, TGI, (g) Regulations suspended—an­ general public by depositing a copy in the THI, TL, TLI, TM, TMI, TMU, TMUI, TP, Office of the Secretary of the Commis­ nouncement required. The operation of * TPI, TPA, TPAI, TR, TRI, TVI, TW, and all rules and regulations, insofar as they sion at Washington, D.C., and by filing TWI. it with the Director, Office of the Federal Mechanical designation: XT. conflict with the provisions of this order, Register. is hereby suspended and each railroad (2) The provisions of this order shallsubject to this order, or its agent, shall By the Commission, Railroad Service not apply to freight cars while subject publish, file, and post a supplement to Board. to the provisions of Agent B. B. Maurer’s its tariff affected hereby, in substantial [ seal] R obert L. O swald, Tariffs 8-0, I.C.C. H-30; 551-L, I.C.C. accordance with the provisions of Rule Secretary. H-50; 552—P, I.C.C. H-47; and 719-F, 9(k) of the Commission’s Tariff Circular I.C.C. H-53; nor to perishable protective No. 20, announcing such suspension. [FR Doc.73-2378 Filed 2-6-73;8:45 am] charges published in Agent W. T. Jami­ (h) Effective date. This order shall be­ son’s National Perishable Protective come effective at 7 a.m., February 5,1973. [S .0 .1119] Tariff No. 18, I.C.C. 37; supplements (i) Expiration date. This order shall thereto, or reissues thereof. PART 1033— CAR SERVICE expire at 6:59 a.m., June 30, 1973, unless (d) Cars subject to this order. (1) otherwise modified, changed, or sus­ Demurrage on Freight Cars When empty cars placed on orders are pended by order of this Commission. not used in transportation service, de­ At a session of the Interstate Com­ (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, merce Commission, Railroad Service, murrage will be charged for all detention, 384, as amended; 49 U.S.C. 1,12,15, and 17(2). Board, held in Washington, D.C., on the including Saturdays, Sundays, and holi­ Interprets or applies secs. 1(10-17), 15(4), 30th day of January 1973. days (see list in Item 25, Freight Tariff and 17(2), 40 Stat. 101, as amended, 54 Stat. It appearing, that an acute shortage 4-1, I.C.C. H-36), from actual or con­ 911; 49 TJ.S.C. 1(10-17), 15(4), and 17(2)) of all types of railroad-owned freight structive placement until released, with no free time allowance. It is further ordered, That a copy of cars exists throughout all sections of the this order shall be served upon the Asso­ country; that certain carriers are un­ (2) Charges for cars detained as de­ scribed in paragraph (d) (1) of this sec­ ciation of American Railroads, Car Serv­ able to furnish an adequate supply of ice Division, as agent of all railroads freight cars to shippers located on their tion shall be $10 per car per day, or frac­ tion of a day, for the first 2 days; $20 subscribing to the car service and car lines; that these shortages of freight hire agreement under the terms of that cars are impeding the movement of per car per day, or fraction of a day, for the next 2 days; and $30 per car per day agreement, and upon the American Short many commodities; that many freight Line Railroad Association; and that cars are ordered and held by shippers for all subsequent detention. (3) In the application of this section, notice of this order be given to the gen­ for loading which are later returned to eral public by depositing a copy in the the carrier without being used in trans­ a demurrage day consists of a 24-hour period, or fraction thereof, computed Office of the Secretary of the Commis­ portation service; that such practices sion at Washington, D.C., and by filing immobilize large numbers of freight cars from the hour of actual or constructive placement of the car, except that on cars it with the Director, Office of the Federal needed by shippers for the transporta­ Register. tion of other freight; and that the exist­ placed in advance of the date for which ing demurrage and detention rules, reg­ ordered for loading, time will be com­ By the Commission, Railroad Service ulations, and practices of the railroads puted from 7 a.m. of the day for which Board. are ineffective to control such use of so ordered. (4) When a car so ordered and placed [ seal] R obert L. O swald, freight cars. It is the opinion of the Secretary. Commission that an emergency exists on a public track or on an industrial in­ requiring immediate action to promote terchange track is not used and no advice [FR Doc.73-2374 Filed 2-6-73;8:45 am] car service in the interest of the public from the party who ordered the car has and the commerce of the people. Ac­ been received within 48 homs (2 days), [S.O. 1120] cordingly, the Commission finds that no­ exclusive of Saturdays, Sundays, and tice and public procedure are imprac­ holidays (see list in Item 25, Freight PART 1033— CAR SERVICE ticable and contrary to the public Tariff 4-1, I.C.C. H-36), from tile first 7 Distribution of Covered Hopper Cars a.m. after placement (see paragraph interest, and that good cause exists for At a session of the Interstate Com­ making this order effective upon less (d) (3) of this section), the car shall be than 30 days’ notice. removed and treated as released at the merce Commission, Railroad Service time of removal. Such cars shall be sub­ Board, held in Washington, D.C., on the It is ordered, That: jected to demurrage charges as provided 31st day of January 1973. § 1033.1119 Service Order No. 1119. herein. It appearing, that an acute shortage (5) (i) In the event a car is rejected of covered hopper cars for transporting (a) Demurrage on freight cars. Each account not suitable for loading, this sec­ shipments of grain, grain products, soy­ common carrier by railroad subject to tion will not apply if the party ordering beans, or soybean meal exists in certain the Interstate Commerce Act shall ob­ the car advises the carrier of rejection sections of the country; that some car­ serve, enforce, and obey the following and condition that caused the car to be riers have placed substantial numbers of rules, regulations, and practices with re­ rejected, within 24 hours (1 day) ex­ large-capacity covered hopper cars in spect to its demurrage rules and charges. clusive of Saturdays, Sundays, and holi­ unit-train service for the movement of (b) Description of cars subject to this days (see list in Item 25, Freight Tariff grain under tariff provisions which re­ order. Except as otherwise provided in 4-1, I.C.C. H-36) after actual placement quire that these cars remain in this serv­ paragraph (c) of this section, this order (see paragraph (d)(3) of this section). ice for five or more consecutive trips in shall apply to freight cars which are (ii) If rejection has not been madethe service of a single shipper; that such subject to demurrage rules applicable to within time specified in paragraph practices are depriving Shippers, unable detention of cars. (d) (5) (i) of this section, demurrage will to ship to the destinations to which such

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 No. 25—Pt. I — 3 3514 RULES AND REGULATIONS services are available or unable to comply (2) Jumbo covered hopper cars ofadequate supply of these cars to shippers with tariff provisions applicable to such railroad ownership. Jumbo covered hop­ located on their lines; that these short­ movements with respect to availability per cars of railroad ownership are ages of covered hopper cars and plain of tonnage in a single day or ability to hereby defined as cars listed in the Offi­ boxcars are impeding both the domestic receive grain in such quantities, of an cial Railway Equipment Register, I.C.C. and export movement of agricultural, equitable share of the supply of large R.E.R. No. 386, issued by W. J. Trezise, mineral, forest, and manufactured prod­ covered hoppers; that entire areas of the or successive issues thereof as bearing ucts and other commodities; that cer­ country are unable to secure shipments reporting marks issued to a railroad and tain existing tariff rules and regulations of vitally needed feed grains because of having mechanical designation “LO” and provide excessive free-time periods for these car distribution practices, thus having cubical capacities of 4,000 cubic loading or unloading at ports, and de­ creating great economic loss; that pres­ feet or larger and weight-carrying murrage detention or storage rates at ent regulations and practices with respect capacities of 180,000 pounds or greater. levels below those applicable to domestic to the use, supply, control, movement,

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 RULES AND REGULATIONS 3515

ments thereto, or reissues thereof, shall placement, adjustment of run-arounds, § 28.28 Special regulations; public ac­ apply to cars subject to this order. the giving of arrival or constructive cess, use, and recreation; for individ­ (2) Free time, (i) Not more than 72 placement notice on freight destined for ual wildlife refuge areas. hours’ free time shall be allowed for unloading or trans-shipment at the ports A rizona and California loading or unloading plain box (XM) shall apply. cars or covered hopper (LO) cars at (ii) If no such rules with respect to IMPERIAL NATIONAL WILDLIFE REFUGE ocean, Great Lakes, or river ports with arrival, run-around, or constructive Imperial National Wildlife Refuge, Ari­ freight requiring transfer between rail placement are published in the applica­ zona and California, is open to public and water, carriers, either direct or ble tariffs, the rules published in General access, use and recreation, except when through port elevators, wharves, docks, Car Demurrage Tariff 4-1, I.C.C. H-36, prohibited by appropriate signs, subject or warehouses. issued y B. B. Maurer, supplements to the provisions of Title 50, Code of Fed­ (ii) When plain box (XM) cars or thereto, or reissues thereof, shall apply. eral Regulations, all applicable Federal covered hopper (LO) cars are held by (b) Rules and regulations suspended. and State laws and regulations, and the rail carriers at any point outside the port The operation of all rules and regula­ following special regulations: because of any condition attributable to tions, insofar as they conflict with the a. The removal or disturbance of dead the shipper or consignee, the combined provisions of this order, is hereby wood is prohibited. total of the free time allowed at the port suspended. b. Pets are permitted only if they are and at the point where cars are held shall (c) Effective date. This order shall be­ confined or kept on a leash not to exceed not exceed 72 hours. come effective at 7 a.m., February 5, ten (10) feet in length, one end of which (iii) If the maximum free time au­ 1973. (d) Expiration date. This order shall is secured so as to restrict the movements thorized in applicable tariffs is less than expire at 6:59 a.m., July 31, 1973, unless of the animal. the 72-horn* period described in para­ otherwise modified, changed, or sus­ c. Boating is permitted in all waters graph (i) of this section, the free-time pended by order of this Commission. of the refuge except when prohibited by periods provided in such tariffs shall (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, appropriate signs, and in those areas apply. 384, as amended; 49 U.S.C. 1,12,15, and 17(2). closed to public entry. (3) Demurrage, detention, or storage Interprets or applies secs. 1(10-17), 15(4), d. Hiking, sightseeing, and photogra­ charges, (i) After the expiration of the and 17(2), 40 Stat. 101, as amended, 54 Stat. phy are permitted except in those areas free time described in Part (2) of this 911, 49 U.S.C. 1(10-17), 15(4), and 17(2)) closed to public entry. order, demurrage charges at the rates It is further ordered, That a copy of e. The removal or disturbance of sand, published for application on interstate this order and direction shall be served gravel or rock is prohibited. traffic in Item 930-J, nineteen Section A upon the Association of American Rail­ f . Blocking of boat ramps or routes of of General Car Demurrage Tariff 4-1, roads, Car Service Division, as agent of public access is prohibited. I.C.C. H-36, issued by B. B. Maurer, the railroads subscribing to the car serv­ g. An area on the west end of Martinez supplements thereto, or reissues thereof, ice and car hire agreement under the Lake consisting of approximately 175 shall apply. Average demurrage agree­ terms of that agreement, and upon the acres shall be closed to public entry dur­ ment rules shall not apply. (See excep­ American Short Line Railroad Associa­ ing the following periods: January 1 tion.) tion; and that notice of this order be through February 28, 1973, inclusive; given to the general public by depositing and October 1 through December 31, (ii) Exception. If the demurrage, de­ a copy in the Office of the Secretary of 1973, inclusive. This area shall be desig­ tention, or storage rates authorized in the Commission at Washington, D.C., nated by a line of buoys across Martinez the applicable tariffs are greater than and by filing it with the Director, Office Lake posted with appropriate signs. those described in paragraph (a) (3) (i) of the Federal Register. Areas closed to the public are deline­ of this section, such higher rates shall ated on maps available at refuge head­ apply. By the Commission, Railroad Service Board. quarters. Yuma, Ariz., and from the Re­ (iii) Existing tariff rules requiring the gional Director, Bureau of Sport Fish­ placement or release, as a unit, of all [ seal] R obert L. O swald, eries and Wildlife, Post Office Box 1306, cars in a multiple-car shipment shall re­ Secretary. Albuquerque, NM 87103. main in effect. [FR Doc. 73-2375 Filed 2-6-73;8:45 am] The provisions of this special regula­ (iv) The demurrage, detention, or tion supplement the regulations which storage rules provided in paragraph (a) Title 50— Wildlife and Fisheries govern public access, use and recreation (3) (i) of this section shall supersede all CHAPTER I— BUREAU OF SPORT FISHER­ on national wildlife refuge areas gener­ published storage charges expressed in IES AND WILDLIFE, FISH AND WILDLIFE ally which are set forth in Title 50, Code cents per hundred-weight, per bushel, or SERVICE, DEPARTMENT OF THE of Federal Regulations, Part 28, and are other unit of measure, for all freight held INTERIOR effective through December 31,1973. at ports in cars in excess of the free-time periods provided in paragraph (a) (2) of PART 28— PUBLIC ACCESS, USE, AND G erald E. D uncan, this section. RECREATION Acting Refuge Manager, Im­ (4) Notices of arrival, constructive Imperial National Wildlife Refuge, Arizona perial National Wildlife Ref­ placement, etc. (i) Existing tariff provi­ and California uge, Yuma, Ariz. sions defining constructive placement The following special regulation is is­ J anuary 26,1973. and establishing the requirements for the sued and is effective on February 7,1973. [FR Doc.73-2306 Filed 2-6-73;8:45 am]

FEDERAL REGISTER, VOL. 38* N O . 25— WEDNESDAY, FEBRUARY 7 , 1973 3516 Proposed Rule Making

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 rule making prior to the adoption of the final rules.

DEPARTMENT OF AGRICULTURE PART 1816— CIVIL RIGHTS COMPLIANCE (g) Recreation association loans in­ REVIEWS cluding those made from RCD funds. Farmers Home Administration Sec. (h) Loans to timber development [ 7 CFR Parts 1816,1890 j 1816.1 General. organizations. 1816.2 Borrowers subject to compliance re­ [AIi-17(400); FHA Ins. 400.2] (i) Development grants for water and views. waste disposal. CIVIL RIGHTS COMPLIANCE REVIEWS 1816.3 Duration of obligation for conduct­ ing reviews. (j) Rural rental housing (RRH) Notice of Proposed Rule Making 1816.4 Compliance reviews on loans to in­ (formerly senior citizens rental) and dividuals. rural cooperative housing (RCH) loans. Notice is hereby given that thj Farm­ 1816.5 Compliance reviews on associations (k) Grazing association loans, includ­ ers Home Administration is considering receiving loans or development ing RCD loans for this purpose. a proposed amendment to Subchapter grants. (l) Labor housing (LH) loans and/or G, Miscellaneous Regulations, Chapter 1816.6 Timing of reviews. grants. XVTH, Title 7, Code of Federal Regula­ 1816.7 State Office summary reports. (m) EO loans to individuals for non- tions by transferring and redesignating 1816.8 Discrimination complaints. agricultural enterprises. Part 1890, “Nondiscrimination by Recipi­ A u t h o r it y : Sec. 339, 75 Stat. 318, 7 U.S.C. (n) Individual recreation loans (RL). ents of Financial Assistance.” (35 FR 1989; sec. 510, 63 Stat. 437, 42 U.S.C. 1480; (o) Rural housing site (RHS) loans. 13972, September 3, 1970.) The said part sec. 4, 64 Stat. 100, 40 U.S.C. 442, sec 602, 78 (p) Technical assistance grants. will be transferred to Subchapter A, and Stat 528, 42 U.S.C. 2942; sec. 301, 80 Stat. redesignated as Part 1816. Upon adoption 379, 5 U.S.C. 301; Orders of Acting Secretary § 1816.3 Duration of obligation for con­ of Agriculture, 36 PR 21529; 37 PR 22008; ducting reviews. of this Part 1816, Part 1890 is hereby Orders of Assistant Secretary of Agriculture, vacated. for Rural Development and Conservation, 36 Compliance reviews will be conducted Subchapter A, General Regulations is FR 21529; Order of Director, OEO, 29 PR on the recipients listed in § 1816.2 until: amended by adding a new Part 1816, 14764. (a) The loan is paid in full or other­ “ Civil Rights Compliance Reviews.” This wise satisfied, or new part is a proposed revision of the § 1816.1 General. (b) In the case of technical assistance redesignated Part 1890 and incorporates Title VI of the Civil Rights Act of 1964 and/or planning grants where no FHA the following changes: provides that no person shall on the loan funds are involved until the last 1. The elimination of requirements for ground of race, color, or national origin advance of funds has been made. compliance reviews on planning ad­ be excluded from participation in, be (c) In the case of development grants vances, comprehensive water and sewer denied the benefits of, or be subjected to for water and waste disposal, where no planning grants, and irrigation and discrimination under any program or ac­ loan is involved, for the period during drainage loans; tivity receiving Federal financial assist­ which the real property or structures 2. The reviewing of unincorporated ance. Civil rights compliance reviews are are used for a purpose for which the economic opportunity cooperatives to be designed to determine whether FHA bor­ grant is extended or for another purpose made as needed or as directed by the rowers subject to title VI are complying involving the provisions of similar serv­ FHA State Director or FHA Admin­ with its nondiscrimination provisions in ices or benefits. istrator; their operations. § 1816.4 Compliance reviews on loans to 3. The strengthening of documentation § 1816.2 Borrowers subject to compli­ individuals. of compliance reviews; ance reviews. 4. The requiring of pre-loan closing (a) Compliance review officer. The compliance reviews on Water and Waste Civil rights compliance reviews will be county supervisor will conduct compli­ Disposal loans and grants and technical conducted on recipients of the following ance reviews of loans made to individuals. assistance grants; type loans and/or grants who received (b) Type of review. (1) If the borrower 5. The reduction of the frequency of their loans or advances of funds on or is currently receiving loan supervision, compliance reviews; after January 3, 1965: the county supervisor may complete the 6. The requiring of a certification in (a) Loans for water and waste disposal compliance review based on his knowl­ lieu of a compliance review on public en­ facilities, including resource conserva­ edge of the borrower’s operations from tity Water and Waste Disposal recipients tion and development (RCD) loans for other visits. Otherwise, the supervisor who have a mandatory hookup ordinance this purpose. must visit the borrower’s facilities to in effect. (b) Farm ownership (FO) loans to in­ complete the-compliance review. Interested persons are invited to stall or improve recreational facilities or (2) Before completing the compliance submit written comments, suggestions or other nonfarm enterprises. review, the county supervisor should be objections regarding the proposed revi­ (c) Operating loans to install or im­ aware o f: sion to the Deputy Administrator Comp­ prove recreational facilities or other non­ (i) The borrower’s operating regula­ troller, Farmers Home Administration, farm enterprises. tions, for example, the grounds for evic­ U.S. Department of Agriculture, Room (d) Rural renewal (RN) loans and tion from a rural rental housing project; 5007, South Building, Washington, DC advances. (ii) The borrower’s method of adver­ 20250, on or before March 9,1973. (e) Watershed (WS) loans and ad­ tising his facility to the public, if there All written submissions made pursuant vances. is any advertising, including how well to this notice will be made available for (f) Economic opportunity (EO) loans these methods reach the minority com­ public inspection at the Office of the to incorporated cooperative associations. munity; Deputy Administrator Comptroller dur­ (Compliance reviews on unincorporated (iii) Any records of request for use of ing regular business hours. (8:15 a.m. to EO cooperatives subject to title VI will the borrower’s facility. 4:45 p.m.) be conducted only as the need arises or (3) The county supervisor’s determina­ As proposed, the new Part 1816^will as directed by either the FHA State Di­ tion that the borrower is or is not in com­ read as follows: rector or the FHA Administrator.) pliance with title VI together with in-

FEDERAL REGISTER, VOL. 38, NO . 25— WEDNESDAY, FEBRUARY 7, 1973 PROPOSED RULE MAKING 3517

formation such as that outlined in sub- the association is found in. noncompli­ water supply will be made when usage paragraph (2) of this paragraph will be ance, the original of the form plus any of the stored water begins. recorded in the running record. additional information which led to the (5) All other loans and/or grants. The (4) If the borrower is in compliance, finding will be sent to the State Director. initial compliance review of recipients of the county supervisor should report his (4) Compliance reviews on loans and all other type loans and/or grants listed finding to the State Director. grants for water and waste disposal sys­ in § 1816.2 will be conducted within the (5) If the borrower is not in compli­ tems, incorporated EO cooperatives, first reporting year after the loan is ance, his name, location, type of loan grazing associations, rural rental hous­ closed, or after the Form FHA involved, and the reasons for the finding ing, farm labor housing, and rural hous­ 400-4, “Nondiscrimination Agreement” of noncompliance should be sent to the ing site will be completed on Form FHA is signed. State Director. 400-8, “Compliance Review.” A copy of (c) Subsequent reviews. The State Di­ (6) The State Director will see that the form will be filed in the borrower’s rector is responsible for requiring subse­ all compliance review reports are com­ loan docket. The original of the form will quent compliance reviews at intervals plete. If the recipient was found in non- be sent to the State Director, unless the not less than 90 days nor more than 3 compliance, the State Director will im­ association is found in noncompliance. years after the previous compliance re­ mediately send a copy of the compliance Then the original of the form plus any— view. ' review report to the National Office, At­ additional information which led to the (1) For those associations with loans tention: Equal Opportunity Officer, with finding will be sent to the State Director. or development grants which have had the action he proposes to take to bring (5) Compliance reviews on loans to at least two compliance reviews subse­ the recipient into compliance. timber development organizations RCH quent to loan or grant closing, covering loans, and technical assistance grants a 6-year period, and have shown no § 1816.5 Compliance reviews on associa­ will be recorded in the borrower’s “run­ indication of discriminatory practices, tions receiving loans or development ning record.” The information obtained the frequency of subsequent reviews may grants. during the compliance review as well as be reduced to 6 years. (a) The State Director will designate the review officer’s determination of the (2) In those cases where borrowers or the compliance review officer for recip­ borrower’s compliance or noncompliance grantees have merged to form a new or­ ient associations. County supervisors may will be recorded in the “running record.” ganization, two reviews will be con­ be designated only if they have received (1) If the borrower is found in com­ ducted at 3-year intervals after the approved compliance review training. pliance, a report will be sent to the State merger and one every 6 years thereafter, Otherwise, the compliance review officer Director. provided no discriminatory practices are must be a member of the State staff in­ (ii) If the borrower is not in com­noted. cluding community program specialists pliance, the organization’s name, loca­ § 1816.7 Slate Office summary reports. (field). tion, type of loan received, and all (1) Compliance reviews may be com­ information which led to the finding will The State Director will keep a list of pleted in connection with normal super­ be sent to the State Director. all compliance reviews conducted during vision visits to associations and must in­ (6) Compliance reviews of public en­ the reporting year to enable him to clude an inspection of the FHA-financed tity borrowers or grantees for water and schedule each year’s reviews. The State facility. waste disposal facilities who are operat­ Director will submit a copy of this list (2) Before making a determination ing under the provisions of a mandatory to the National Office, Attention: Equal that the recipient is or is not complying hookup o^iinance will consist of a cer­ Opportunity Officer, no later than No­ with the provisions of Form FHA 400-4, tification by the borrower or grantee that vember 30 of each year. Compliance “Nondiscrimination Agreement,” the the ordinance is still in effect and is reviews on recipients found in nonco'm- compliance review officer will: being enforced. pliance should also be listed ■ on the (i) Observe the recipient’s records, (7) The State Director will see that summary report. including records on the present mem­ all compliance review reports are com­ § 1816.8 Discrimination complaints. bership by race, the handling of appli­ plete. If the recipient was found in non- cations for use of the facility, the user Any complaint of discrimination be­ compliance, the State Director will cause of race, color, or national origin rates and membership fees or dues smd immediately send a copy of the com­ the facility’s operating regulations; directed against recipients of FHA as­ pliance report to the National Office, sistance should be sent immediately to (ii) Determine if the recipient ad­ Attention: Equal Opportunity Officer, the National Office, Attention: Equal vertises for members or users. If so, ob­ with a report of the action he proposes Opportunity Officer. serve the effectiveness of the recipient’s to take to bring the recipient into com­ methods of advertising the availability of pliance. the facility to the public, and especially PART 1890— [REDESIGNATED] the effectiveness of this advertising in § 1816.6 Timing o f reviews. reaching the minority community; (a) Reporting year. The State Director Dated: January 26, 1973. (iii) Interview association officials, will schedule civil rights compliance re­ D arrel A. D unn, members and employees. In reviews of views on an annual basis from Novem­ Associate Administrator, recipients of technical assistance grants, ber 1 to October 31 of each year. For Farmers Home Administration. members of the self-help housing groups example, compliance reviews scheduled [PR Doc.73-2388 Filed 2-6-73;8:45 am] should be interviewed to determine the during 1973 should be conducted after November 1,1972, but before October 31, way in which they were recruited. DEPARTMENT OF COMMERCE (iv) Interview informed local com­ 1973. munity leaders, including minority (b) Initial reviews. (1) Water and National Oceanic and Atmospheric leaders, if any, to determine if the waste disposal (WWD) loan and/or Administration grant. The initial compliance review of facility is operating without discrimina­ [ 50 CFR Part 240 ] tion because of race, color, or national recipients of WWD loans and/or grants origin. will be conducted as a normal part of the NORTHWEST ATLANTIC COMMERCIAL FISHERIES (3) Compliance reviews on Associa­ preparation for loan or grant closing. tion, WS, RCD and RN loans involving (2) Technical assistance grant. The Notice of Proposed Rule Making recreation facilities, will be recorded on initial compliance review of recipients of At its 22d Annual Meeting held in Form FHA 400-7, “Compliance Review technical assistance grants will be con­ Washington, D.C., May 25 through for Recreational Loans to Associations.” ducted before the grant is closed. June 2, 1972, the International Commis­ A copy of the form will be filed in the (3) RHS loan. The initial compliance sion for the Northwest Atlantic Fisheries borrower’s county office loan docket. If review of recipients of RHS loans will recommended that member governments the association is found in compliance be conducted before the grant is closed. adopt national allocation of regulated with title VI, the original of the form (4) WS loans for future water supply. species in the Northwest Atlantic and will be sent to the State Director. If The initial review on loans for future several other technical changes for 1973.

FEDERAL REGISTER, VOL. 38, NO . 25— WEDNESDAY, FEBRUARY 7, 1973 3518 PROPOSED RULE MAKING

1. The 1973 allocation of the total al­ for tiie United States. In § 240.13, the rine Fisheries Service, Washington, DC lowable catch to tile United States for new coordinates for the closed area off 20235, on or before March 9, 1973. cod, American plaice, yellowtail flounder, Cape Cod is presented. There are no Issued at Washington, D.C., and dated silver hake, and red hake, is presented changes in gear restrictions for 1973 in February 1,1973. below: § 240.14. Other than the addition of the T. P. G leiter, Cod. Subdivision 4Vs and Division 4W cod quota, the major change in this sub­ Assistant Administrator of Subarea 4, 1,050 metric tons: Division part may be found in § 240.15(b), which for Administration. 5Y of Subarea 5, 9,400 metric tons, and relates to those vessels which had de­ Division 5Ze and 5Zw of Subarea 5, parted port prior to the closure date. PART 240— NORTHWEST ATLANTIC 19,600 metric tons. Formerly, that trip had to end within 10 COMMERCIAL FISHERIES American plaice. Divisions 3L, 3N, and days after the closure date and required Subpart A— General Provisions 30 of Subarea 3, shall not exceed 100 the vessels, on arrival in port, to actually Sec. metric tons. discharge part of the catch. This require­ 240.1 Definitions. Yellowtail flounder. Divisions 3L, 3N, ment has been liberalized, and the pres­ 240.2 Licensing provisions. and 30 of Subarea 3, shall not exceed 100 ent proposal merely requires that the 240.3 Persons and vessels exempted. metric tons; east of 69° W. longitude in fishing activity terminate within 10 days 240.4 Reports and record. Subarea 5, 15,000 metric tons, and west and that alljvessels return to port within Subpart B— Groundfish Fisheries of 69° W. longitude in Subarea 5, 9,000 48 hours thereafter, reporting their ar­ Sec. metric tons. rival to the National Marine Fisheries 240.10 Definitions. Silver hake. Division 5Y of Subarea 5, Service, the Coast Guard, or Customs 240.11 Catch quota. 9,500 metric tons; Subdivision 5Ze of Officer. 240.12 Open season. Subarea 5, 17,000 metric tons, and Sub­ Subpart C contains those regulations 240.13 Closed season and areas. division 5Zw of Subarea 5, 25,000 metric pertaining only to regulated flatfish spe­ 240.14 Gear restrictions. tons. cies which, at this time, includes Ameri­ 240.15 General restrictions. Red hake. Subdivision 5Zw of Subarea can plaice in Subarea 3, and yellowtail Subpart C— Flatfish Fisheries 5,15,000 metric tons. flounder in Subarea 3- and Subarea 5. Sec. 2. Haddock. The annual catch quota In § 240.21, an incidental catch for Amer­ 240.20 Definitions. for 1973 will remain the same as for 1972, ican plaice and yellowtail flounder, is 240.21 Catch quota. provided in Subarea 3. The catch quota 240.22 Open season. as follows: Subarea 5, 6,000 metric tons; 240.23 Closed season and areas. Division 4X of Subarea 4, 9,000 metric for yellowtail flounder, in Subarea 5, is 240.24 Gear restrictions. tons, and Division 4W of Subarea 4, 4,000 reduced from 26,000 metric tons to 24,000 240.25 General restrictions. metric tons. metric tons. The 1973 annual and quar­ 3. The mesh size for haddock, cod, and terly catch quotas for yellowtail flounder Subpart D— Hake Fisheries yellowtail flounder was established at were published in the Federal R egister Sec. on January 28, as proposed rule making 240.30 Definitions. 5 Vs inches (manila) for the cod end 240.31 Catch quota. only, but will not go into effect until and 10 days were allowed for public com­ 240.32 Open season. January 1974. ment. The quotas are repeated in this 240.33 Closed season and areas. 4. An adjustment was made in the publication, § 240.41, for the convenience 240.34 Gear restrictions. northern boundary of closed area A (off of the interested public. There are two 240.35 General restrictions. Cape Cod), in Subarea 5, to allow shrimp kinds of closures provided in this sub­ A u t h o r it y : Sec. 7(a), Northwest Atlantic and ocean perch fishing throughout the part. Section 240.25(a)(1), provides for Fisheries Act of 1950, 64 Stat. 1069; U.S.C. year. a 5-day extension for those vessels which 986; as modified by Reorganization Plan No. 5. The prohibition for any person to had departed port prior to the closure 4, effective October 3,1970,35 FR 15627. fish for or possess on board any fishing date at the end of the first three quar­ Subpart A— General Provisions vessel red hake and silver hake in the ters, and § 240.25(a) (2) provides for a area 69° W. longitude—-39°50' N. lati­ 10-day extension similar to that proposed § 240.1 Definitions. tude and 71°40' W. longitude—40°20' N. for groundfish under § 240.15(b). The (a) Convention area. The term “Con­ latitude was reduced to apply only to the vessels fishing for yellowtail flounder in vention area” means and includes all month of April. Subarea 5 shall have only 24 hours in waters, except territorial waters, bounded These recommendations are reflected which to return to port at the end of the by a line beginning at a point on the coast in the proposed regulations set out extension period. The mesh size require­ of Rhode Island in 71°40' west longi­ below: ment in § 240.24 will be t^e same as re­ tude; thence due south to 39°00' north The proposed regulations are in a dif­ quired in 1972. latitude; thence due east to 42°00' west ferent form than was used in the past Subpart D contains those regulations longitude; thence due north to 50°00' in the belief that: ^ dealing with regulated hake species north latitude; thence due west to 44°00' (1) The regulations will be more in­which, at this time, includes red hake and west longitude; thence due north to the telligible, (2) less repetitive, (3) easier silver hake. The catch quotas in § 240.31 coast of Greenland; thence along the to use. pertains to U.S. vessels. There are no gear west coast of Greenland to 78° 10' north Subpart A contains general provisions restrictions in 1973 for fishing for silver latitude; thence southward to a point in that apply to all subparts following. In or red hake. Section 240.35(b) provides 75°00' north latitude and 73°30' west § 240.1, definitions, the silver hake, red for a 5-day extension for those vessels longitude, thence along a rhumb line to hake, were included as regulated species which had departed port prior to the a point in 69° 00' north latitude and and the description of procedure to closure date. Those vessels must report 50°00' West longitude; thence due south measure nets to determine mesh size was within 48 hours at the end of the 5-day to 61°00' north latitude; thence due west reduced significantly. Little change was extension period. to 64°30' west longitude; thence due made to § 240.2, licenses, from the exist­ The proposed amendments are to be south to the coast of Labrador; thence in ing regulations. Section 240.4 deals with Issued under the authority contained in a southerly direction along the coast of reports and contains the reporting re- subsection (a) of section 7 of the North­ Labrador to the southern terminus of its quirementSv for dealers, owners and west Atlantic Fisheries Act of 1950 (64 boundary with Quebec ; thence in a west­ masters. Stat. 1069; U.S.C. 986) as modified by erly direction along the coast of Quebec, Subpart B contains those regula­ Reorganization Plan No. 4, effective Oc­ and in an easterly and southerly direc­ tions dealing exclusively with regulated tober 3, 1970 (35 FR 15627). tion along the coasts of New Brunswick, groundfish species which, at this time, Prior to the final adoption of the pro­ Nova Scotia, and Cape Breton Island, to only includes haddock and cod. The an­ posed amendments, consideration will be Cabot Strait; thence along the coasts of nual catch of haddock is still under an given to any data, views, or arguments Cape Breton Island, Nova Scotia, New pertaining thereto which are submitted international quota, while the catch Brunswick, Maine, New Hampshire, quota in § 240.11 for cod is the allocation in writing to the Director, National Ma­

FEDERAL REGISTER, VOL. 38, NO . 25— WEDNESDAY, FEBRUARY 7, 1973 PROPOSED RULE MAKING 3519

Massachusetts, and Rhode Island to the latitude, 66°54T1.23" west longitude; (American plaice) (Hippoglossoides point of beginning. thence due south to the parallel of 43° 50' platessoides (Fab.)). (b) Regulatory area. The term “Regu­north latitude; thence due west to the (5) In Subarea 5. (i) Cod (Gadua latory area” means and includes the meridian of 67°40' west longitude; thence morhua (L.)). whole of those portions of the Con­ due south to the parallel of 42°20' north (ii) Haddock (Melanogrammus aegle- vention area which are separately de­ latitude; thence due east to a point in finus (L.)). scribed as follows: 66°00' west longitude; thence along a (iii) Yellowtail flounder (Limanda (1) Subarea 1. The term “Subarea 1” rhumb line in a southeasterly direction to ferruginea (Storer)). means that portion of the Convention a point in 42°00' north latitude 65°40' (iv) Silver hake (Merluccius bilihearis area, including all waters except terri­ west longitude; thence due south to the (Mitch.)). torial waters, which lies to the north and parallel of 39°00' north latitude; thence (v) Red hake CUrophycis chuss east of a rhumb line from a point in due west to the meridian of 71°40' west (Walb.)). 75°00' north latitude and 73°30' west longitude; thence due north to a point (d) Chafer. A protective covering of longitude to a point in 69°00' north lati­ 3 statute miles off the coast of the State canvas, netting, or other material at­ tude and 59°00' west longitude; east of of Rhode Island; thence along the coasts tached to the underside of the cod end 59°00' west longitude; and to the north of Rhode Island, Massachusetts, New only of the net to reduce and prevent and east of a rhumb line from a point in Hampshire, and Maine at a distance of 3 damage, and a rectangular piece or pieces 61°00' north latitude and 59°00' west statute miles to the point of beginning. of netting attached to the upper side of longitude to a point in 52° 15' north lati­ (c) Regulated species. The regula­the cod end only of the net to reduce tude and 42#00' west longitude. tions in this part shall apply to the and prevent damage, so long as the net­ (2) Subarea 2. The term “Subarea 2” following species by the subareas they ting attached to the upper side of the means that portion of the Convention are included in and wherever in the reg­ cod end conforms to the specifications of area, including all waters except terri­ ulations in this part the term “regulated either the “ICNAF-type chafer," the torial waters, lying to the south and west species” is used, it shall apply to those “multiple flap-type chafer,” or the of subarea 1, as defined in paragraph in this list. “Polish-type chafer,” described below. (b) (1) of this section, and to the north (1) In Subarea 1. (i) Cod (Gadus For the purposes of this paragraph, the of the parallel of 52°15' north latitude. morhua (L.)). required mesh size, when measured wet (3) Subarea 3. The term “Subarea 3” (ii) Haddock (Melanogrammus aegle- after use, shall be deemed to be the av­ means that portion of the Convention finus (L.)). erage of the measurements of 20 con­ area, including all waters except territo­ (iii) Ocean perch (redfish) (Sebastes) . secutive meshes in a series across the rial waters, lying south of the parallel of (iv) Halibut (Hippoglossus hippoglos- netting. 52° 15' north latitude; and to the east of sus (L.)). (1) ICNAF chafer. A chafer having a line extending due north from Cape (v) Grey sole (witch) (Glyptocephalus the following characteristics: Bauld on the north coast of Newfound­ cynoglossus (L.)). (1) The width of the netting shall be land to 52°15' north latitude; to the north (vi) Dab (American plaice) (Hippo- at least 1% times the width of the area of the parallel of 39°00' north latitude; glossoides platessoides (Fab.)). of the cod end which is covered, such and to the east and north of a rhumb (vii) Greenland halibut (Reinhardtius width to be measured at right angles to line extending in a northwesterly direc­ hippoglossoides (Walb.O). the long axis of the cod end. tion which passes through a point in (2) In Subarea 2. (i) Cod (Gadus (ii) Such netting may be fastened to 42°30' north latitude, 55°00' west longi­ morhua (L.)). the cod end of the trawl net only along tude, in the direction of a point in 47°50' (ii) Haddock (Melanogrammus aegle- the forward and lateral edges of the net­ north latitude, 60° 00' west longitude, finus (L.)). ting and at no other place in the netting. until it intersects a straight line connect­ (iii) Ocean perch (redfish) (.Sebastes) . (iii) On cod ends having a splitting ing Cape Ray, on the coast of Newfound­ (iv) Halibut (Hippoglossus hippoglos­ strap, the netting shall be fastened in land, with Cape North on Cape Breton sus (L.)). such a manner that it extends forward Island; thence in a northeasterly direc­ (v) Grey sole (witch) (Glyptocephalus of the splitting strap no more than four tion along said line to Cape Ray. cynoglossus (L.)). meshes and ends not less than four (4) Subarea 4. The term “Subarea 4” (vi) Dab (American plaice) (Hippo­ meshes in front of the cod line mesh. means that portion of the Convention glossoides platessoides (Fab.)). (iv) On cod ends not having a split­ area, including all waters except terri­ (vii) Greenland halibut (Reinhardtius ting strap, the netting shall not extend torial waters, lying to the west of Subarea hippoglossoides (Walb.)). to more than one-third the length of the 3 as described in paragraph (b)(3) of (3) In Subarea 3. (i) Cod (Gadus cod end measured from not less than this section, and to the east of a line de­ morhua (L.)). four meshes in front of the cod line scribed as follows; Beginning at the ter­ (ii) Haddock (Melanogrammus aegle- mesh. minus of the international boundary be­ finus (L.)). (v) The netting shall not have a mesh tween the United States of America and (iii) In aggregate: Ocean perch (red­ size less than that specified for the cod Canada in Grand Manan Channel, at a fish) (Sebastes), except in the statistical end to which it is attached. point 44°46'35.34" north latitude, 66°54'- division 3N, 30, and 3P, halibut (hippo­ (2) Multiple flap-type chafer. A 11.23" west longitude; thence due south glossus hippoglossus CL.)), grey sole chafer having the following character­ to the parallel of 43°50' north latitude; (witch) (Glyptocephalus cynoglossus istics: thence due west to the meridian of (L.)), yellowtail flounder (Limanda fer- ruginea (Storer), dab (American plaice) (i) Each piece of netting shall not ex­ 67°40' west longitude; thence due south ceed 10 meshes in length; each shall be to the parallel of 42°40' north latitude; (Hippoglossoides platessoides (Fab.)), Greenland halibut (Reinhardtius hippo­ at least the width of the cod end, such thence due east to a point in 66°00' west width being measured at right angles to longitude; thence along a rhumb line in glossoides (Walb.)), pollock (saithe) (Pollachius virens (L.)), white hake the long axis of the cod end at the point a southeasterly direction to a point in of attachment; each shall be fastened by 42° 00' north latitude, 65° 40' west longi­ (Urophycis tenuis (Mitch.)). (4) In Subarea 4. (i) Cod (Gadus its forward edge only across the cod end tude; thence due south to the parallel of at right angles to its long axis. 39° 00' north latitude. morhua (L.)). (5) Subarea 5. The term “Subarea 5” (ii) Haddock* (Melanogrammus aegle- (ii) The aggregate length of all pieces means that portion of the Convention finus (L.)). of netting shall not exceed two-thirds the area, including all waters except terri­ (iii) In aggregate: Flounders: grey length of the cod end. torial waters, bounded by a line begin­ sole (witch) (Glyptocephalus cynoglossus (iii) The netting shall not have a mesh ning at the terminus of the international (L.)), yellowtail flounder (Limanda size less than that specified for the cod boundary between the United States of ferruginea (Storer)), black back or end to which it is attached. America and Canada in Grand Manan lemon sole (winter flounder) (Pseudo- (3) Polish-type chafer. A chafer hav­ Channel at a point in 44*46'35.34" north pleuronectes americanus (Walb.)), dab ing the following characteristics:

FEDERAL REGISTER, VOL. 38, NO . 25— WEDNESDAY, FEBRUARY 7, 1973 3520 PROPOSED RULE MAKING

(i) The rectangular piece of netting (t) Service. The National Marine Fish­ § 240.3 Persons and vessels exempted. attached to the upper side of the cod eries Service, National Oceanic and At­ (a) Scientific investigation. Any per­ end shall have a mesh size at least twice mospheric Administration, U.S. Depart­ son operating a vessel authorized by the as large as that specified for the cod end ment of Commerce. Secretary of Commerce to engage in to which it is attached and shall have a (u) Service Director. The Director of fishing for scientific purposes is ex­ width the same as that for the cod end. the National Marine Fisheries Service. empted from all the requirements of this (ii) It shall be fastened to the cod end (v) Trawl net. Any large bag net part. only along the forward, lateral, and rear dragged in the sea by a vessel or vessels (b) Trip exemption. (1) Any person edges of the netting so that the meshes for the purpose of fishing. operating a vessel in the course of fish­ exactly overlay the meshes of the cod (w) Vessel. Every kind, type or descrip­ ing for nonregulated species in Subareas end. tion of watercraft subject to the jurisdic­ 3, 4, and 5, is exempted from the re­ (iii) The netting shall be the same tion of the United States, used, or capa­ quirements of this part, and may take twine size and material as that of the ble of being used, as a means of trans­ and possess, on any one trip, an inci­ cod end. portation on water. dental catch of regulated species not to (e) Closed season. The time during (x) Trip. As used in connection with exceed, for each species, 5,000 pounds or which regulated species in specified areas the trip exemption provided in § 240.3(b) ten percent (10%) by weight of all the may not be taken in quantities exceed­ means a departure from port, transit to fish on board, whichever is greater, taken ing the amounts specified as incidental the Convention area, participation in the from the same subarea. fisheries. fisheries, ificluding incidental fisheries, (2) Any person or vessel fishing for (f) Cod end. The bag-like extension and discharges any part of the catch on haddock and cod, using gear required for attached to the after end of the belly of board. that fishery, may take and possess, on the trawl net and used to retain the § 240.2 Licensing provisions. any one trip, yellowtail flounder, not to catch. exceed 5,000 pounds or ten percent (g) Commission. The International (a) Any person or vessel desiring to (10%) by weight of all fish on board, Commission for the Northwest Atlantic fislj for any regulated species within the whichever is greater: Provided, That a Fisheries established pursuant to the Convention area, or possess, transport, valid license issued under the provisions Convention. or deliver for sale, any regulated species of § 240.2 is in force. (h) Convention. The International taken within the Convention area, must (c) Annual exemption. Any person Convention for the Northwest Atlantic first obtain a license for that purpose. operating a vessel engaged in fishing for Fisheries signed at Washington, D.C., (b) The owner or operator of a vessel nonregulated species within Subarea 3, February 8, 1949, and amendments. may obtain the appropriate license by- 4, or 5, who does not take in any period (i) Contracting governments. Govern­ furnishing, on a form supplied by the of 12 months more than ten percent ments party to the Convention. National Marine Fisheries Service, in­ (10%) by weight of regulated species (j) Demersal species. Fishes living at formation specifying the names and ad­ described in the immediately preceding the bottom of the sea. dresses of the owner and operator of the paragraph may avail himself of the ex­ (k) Executive Secretary. The Execu­ vessel and the name, official number, and emption provided in this paragraph by tive Secretary of the International Com­ home port of the vessel. The form shall obtaining a license for exemption under mission for the Northwest Atlantic be submitted, in duplicate, to the Re­ the provision of § 240.2(a). Fisheries. gional Director, National Marine Fisher­ (l) Fishing. The catching, taking, or ies Service, Gloucester, Mass., who shall § 240.4 Reports and records. fishing for, or the attempted catching, grant the requested license, without fee, (a) Dealers. (1) All persons, individ­ taking, or fishing for any regulated for the calendar year in which the license uals, firms or corporations, at any port or species. is issued. New licenses shall be issued to place within the United States, that buy (m) Incidental fisheries. The inadver- replace expired, lost, or mutilated li­ from other U.S.-flag vessels or from a ent taking of regulated species while con­ censes. An application for replacement earner licensed as a common carrier ducting fishing operations primarily for of an expiring license shall be made in engaged in either interstate or intrastate other species. like manner as the original application, commerce, any regulated species taken (n) Mesh size. Any part of the net, the not later than 10 days prior to the ex­ within the Convention area by any fish­ average of the measurements of any 20 piration date of the expiring license. ing vessel, shall make and shall furnish consecutive meshes in any row located (c) The owner or operator of any li­ to an authorized officer of the National at least 10 meshes from the side lacings censed vessel which is proposed to be Marine Fisheries Service, within 72 measured when wet after use. used in fishing outside the Convention hours of sale or within 72 hours after (o) License. A license issued by the area may obtain a temporary suspension^ buying or receiving, vessel returns to any National Marine Fisheries Service to en­ of the license until such time that the port of the United States, a complete able the holder thereof to fish for, possess, vessel returns to fish within the Con­ record of each purchase, on forms sup­ transport, or deliver, by means of any vention area. plied by the National Marine Fisheries fishing vessel, any regulated species. (d) The temporary suspension or Service. (p) Official or authorized official. Any modification of the license shall be (2) All persons purchasing or receiving representative of the National Marine granted upon either an oral or a written any regulated species in the Convention Fisheries Service (NMFS), U.S. Coast request, specifying the period of sus­ area for transport to any port of the Guard, or U.S. Bureau of Customs Serv­ pension or modification desired by an United States must maintain records ice, authorized to enforce this part. authorized State official or by an au­ identical to those required under para­ (q) - Open season. The time duringthorized official of the National Marine graph (a) (1) of this section. which regulated species may lawfully be Fisheries Service, or Coast Guard. Such (3) The possession by any person, firm captured and taken on board a fishing official shall make appropriate endorse­ or corporation of regulated species which vessel without limitation of the quantity ment on the license evidencing the dura­ such person, firm, or corporation knows permitted to be retained during each tion of its suspension or modification. to have been taken by a vessel of the fishing voyage, except as otherwise pro­ (e) The license issued by the National United States without a valid license, is vided in this part. Marine Fisheries Service must be car­ prohibited. (r) Person. Any owner, master, or op­ ried, at all times, on board the vessel (b) Owner or master. (1) In the case erator of a vessel. for which it is issued and such license, of a vessel licensed under § 240.2, and (s) Regional Director. The Regional the vessel, its gear and equipment shall fishing for any of the regulated species, Director, Northeast Region, National Ma­ be subject to inspection, at reasonable the owner or master of vessels of 50 gross rine Fisheries Service, Federal Building, times, by authorized officials. tons or more must maintain an accurate 14 Elm Street, Gloucester, MA 01930. (f) Licenses issued under this part log of fishing operations showing date, Telephone number: Area code (617) 281- may be revoked by the Regional Director type and size of gear used, locality fished, 0640. for violations of this part. duration of fishing time or tow, and the

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 PROPOSED RULE MAKING 3521

estimated poundage of each species taken (3) The annual catch of cod in Sub­trawlnet or nets, parts of nets, or netting at 12-hour intervals. Such logbooks shall division 5Ze and 5Zw of Subarea 5 shall of manila or of the trade named twines, be available for inspection by an author­ not exceed 19,600 metric tons. under the chemical category of poly­ propylene, having a mesh size of less ized official in accordance with the § 240.12 Open season. ICNAP International Inspection Scheme than 5% inches (130 mm.), or a trawl- adopted at the Twenty-first Annual (a) The open season for haddock and net or nets or parts of nets, or netting of Meeting, May 27-June 4, 1971. At the cod in Subdivision 4Vs, Division 4X and material other than manila or polypro­ conclusion of each fishing trip, such log­ Division 4W of Subarea 4, and Subarea pylene twine, unless it shall have a selec­ book shall be delivered to an authorized 5, shall begin at 0001 hours of the first tivity equivalent too that of a 5% inch official of the United States or, if no offi­ day of January 1973, and terminate at (130 mm.) manila trawlnet. cial is available, such logbook must be a time and a date to be determined and (b) In Subareas 4 and 5, except as mailed in the envelope provided for that announced in the F ederal R egister : provided in § 240.23(a), no person shall purpose. These forms will be furnished Provided, That the areas described in fish for haddock or cod with a trawlnet or without cost by the National Marine § 240.13 shall be closed to any vessel nets, parts of nets, or netting of manila Fisheries Service. Such logbooks shall using gear capable of catching demersal or of the trade named twines, under the be used for statistical and biological species. chemical category of polypropylene, hav­ purposes only. § 240.13 Closed seasons and areas. ing a mesh size of less than 4 % inches (2) In the case of vessels of less than (114 mm.) or a trawlnet or nets, or net­ 50 gross tons licensed under § 240.2, and (a) The Director shall announce the ting of material other than manila or fishing for any of the regulated species, closure of the season by publication of polypropylene twine, unless it shall have the owner or master may be required to a notice in the F ederal R egister, speci­ a selectivity equivalent to that of a 4*/& maintain the logbook for sampling pur­ fying the time and date for the termina­ inch (114 mm.) manila trawlnet. poses at the option of an appropriate tion of specialized fishing for haddock (c) The use in fishing for haddock or official of the United States. or cod in Subarea 4 or 5, or any division cod within the Regulatory area of any (3) In the case of vessels desiring to thereof. The. closure is determined in device or method which would, or other­ fish for nonregulated species on a trip the following manner: wise, have the effect of diminishing the basis, no reports are required of the (b) The National Marine Fisheries size of said meshes of the trawlnet is owner or master. Service maintains records of the catches prohibited: Provided, That an approved of haddock and cod made in Subdivision chafer described in § 240.1(d) may be Subpart B— Groundfish Fisheries 4Vs, Division 4X and Division 4W of used. § 240.10 Definitions. Subarea 4 and Subarea 5, during the § 240.15 General restrictions. (a) Unless otherwise defined herein, open season, by vessels under the juris­ the terms used in this subpart will have diction of the United States participating (a) Except as provided in paragraphs the meanings ascribed to them in Sub- in the fishery. (b), (c), and (d), of this section, after part A, § 240.1. (c) When the accumulative and esti­ the dates announced in the manner pro­ (b) Regulations in this subpart will mated prospective catch of haddock or vided in § 240.13(a), for the closure of apply to haddock (Melanogrammus cod in each subarea, making allowance haddock or cod fishing seasons in Divi­ aegtefinus (L )), and cod (Gadus for the incidental catch for the re­ sion 4X or Division 4W of Subarea 4 morhua (L.) >. mainder of the year, equals 100 percent and Subarea 5, it shall be unlawful for of the allowable catch permitted under any master or other person in charge of § 240.11 Catch quota. § 240.11, the Director shall promptly „a fishing vessel to possess haddock or (a) An annual catch limitation is publish the notice required in paragraph cod on board such vessel in those areas placed upon the quantity of haddock (a) of this section, and shall notify the or to land haddock or cod taken in those permitted to be taken in Divisions 4W Executive Secretary of the date on which areas in any port or place until the had­ and 4X of Subarea 4 and Subarea 5. The vessels subject to the jurisdiction of the dock or cod fishing season reopens on aggregate catch of haddock during 1973, United States have ceased a specialized January 1 next, following the close of by persons or fishing vessels under the fishery. the season. jurisdiction of the United States, in each (d) It shall be unlawful for any per­ (b ) (1) Any fishing vessel which had area, is as follows: son to use, during the period from 0001 departed port to engage in haddock or (1) The annual catch of haddock by hours, March 1, to 2400 hours May 31, cod fishing under the provisions of persons or fishing vessels fishing in 1973, fishing gear capable of catching § 240.2 prior to the date of the closure Division 4W of Subarea 4, in the year demersal species, including any trawl of haddock or cod fishing in either Divi­ 1973, shall not exceed 4,000 metric tons. gear or similar devices, gill net, or hook sion 4X or 4W in Subarea 4, or Sub- (2) The annual catch of haddock by and line, in: area 5, may continue to take and retain persons or fishing vessels fishing in (1) Division 4X of Subarea 4, bounded haddock or cod in the Division or Sub- Division 4X of Subarea 4, in the year by straight lines connecting the follow­ area for which the closure has been an­ 1973, shall not exceed 9,000 metric tons. ing coordinates in the order listed: 65° nounced, for a period of time not to (3) The annual catch of haddock by 44'W., 42°04'N.; 64°30'W., 42°40'N.; 64° exceed 10 days, at which time fishing for persons or fishing vessels fishing in 30'W., 43°00'N. ; 66°32'W., 43°00'N.; haddock or cod in the closed Division or Subarea 5, shall not exceed 6,000 metric 66°32'W., 42°20'N.; 66°00'W., 42°20'N. Subarea shall be prohibited. Within 48 tons. (2) Subarea 5, two areas bounded by hours after the expiration of the 10- (b) An annual catch limitation is lines connecting the following coordi- day period, each such vessel must return placed upon the quantity of cod per­ to a port or place in the United States, mitted to be taken in Subdivision 4Vs (i) 69°55'W., 42°10'N.; 69°10'W., 41* and the master or person in charge must and Division 4W of Subarea 4, Division 10'N.; 68°30'W., 41°35N.; 68°45'W., immediately, on his return, notify any 5Y of Subarea 5, and Subdivisions 5Ze 41'50'N.; 69°00'W., 41°50'N. officer of the National Marine Fisheries and 5Zw of Subarea 5. The aggregate (ii) 67°00'W., 42°20'N.; 67°00'W., 41* Service, U.S. Bureau of Customs or catch of cod during 1973, by persons or 15'N.; ' 65°40'W., 41°15'N.; 65°40'W., Coast Guard, of his arrival. fishing vessels under the jurisdiction of 42°00'N.; 66°00'W., 42°20'N. (2) Any master or person in charge the United States, in each area, is as (iii) Except that vessels using hooks of a fishing vessel, licensed pursuant to follows: having a gap of not less than 3 cm § 240.2, may continue to fish after the (1) The annual catch of cod in Sub­ (iy8" ) may fish in Subarea 5, without date of closure, in any subarea or divi­ division 4Vs and Division 4W of Subarea restriction. sion, the provisions of the next preceding 4 shall not exceed 1,050 metric tons. paragraph notwithstanding, but should (2) The annual catch of cod in Divi­ § 240.14 Gear restrictions. he elect to do so, the quantity of had­ sion 5Y of Subarea 5 shall not exceed (a) In Subareas 1, 2, and 3, no person dock or cod in his possession on each 9,400 metric tons. shall fish for regulated species with a trip must not exceed 5,000 pounds or 10

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 No. 25—Pt. I- 3522 PROPOSED RULE MAKING percent (10 percent) by weight of all Expected shall have a selectivity equivalent to that other fish on board. Quarter Catch quota accumulative of a 5 Vb inch (130 mm.) manila net. (c) Any master or person in charge of catch (b) The use in fishing for regulated a fishing vessel, which has departed port species within the regulatory area of any after the date of closure of haddock or Jan. 1 to Mar. 31...... 2,750 2,750 devioe or method which would have the Apr. 1 to June 30...... 1,500 4,250 cod fishing in Division 4X or 4W in sub- July 1 to Sept. 30...... 2,000 6,250 effect of diminishing the size of said area 4, or subarea 5, may take, possess Oct. 1 to Dec. 31...... 2,750 9,000 meshes or obstruct the meshes of the on board, and land in any port or place, trawl net, is prohibited: Provided, That such haddock or cod as may be taken (c) The Director may adjust the quar­an approved chafer, described in § 240.1 incidentally to a fishery for nonregulated terly increments in either area by publi­ (d ), may be used. species: Provided, That the master of cation of a notice in the F ederal R egis­ § 240.25 General restrictions. the said vessel has on board the appro­ ter. priate license as required under § 240.2 (a) Except as provided in paragraphs (a) and complies with the limitations § 240.22 Open season. (a) (1) or (2) and (b) of this section, specified in § 240.3, and the reporting (a) The open season for American after the dates announced in the manner requirements, where required, in § 240.4 plaice and yellowtail flounder fishing in provided in § 240.23 for the closing of (b ) : Provided further, That nothing Con­ areas under quota in § 240.21, shall begin the yellowtail flounder or American tained herein shall be construed to at 0001 hours local time on the 1st day of plaice fishing season or seasons, it shall amend, modify, or repeal those portions January 1973, and terminate at a time be unlawful for any master or other per­ of the regulations relating to areas and date to be announced by the Direc­ son in charge of a fishing vessel to pos­ closed to all demersal fishing, which may tor, by publication of a notice in the sess yellowtail flounder or American be found in § 240.13(d). Federal R egister. In the event of a clo­ plaice in the closed regulatory areas or (d) The provisions of this subpart sure during any quarter, open season to land yellowtail flounder taken in those shall apply to all fishing trips begun dur­ fishing for yellowtail flounder shall re­ areas in any port or place until the next ing the current calendar year, whether sume on the first day of the next quarter. succeeding open season for yellowtail completed before January 1, or not. flounder or American plaice. § 240.23 Closed season and areas. (1) In the event of a closure of any Subpart C— Flatfish Fisheries (a) The Director shall announce the of the first three quarters, as provided § 240.20 Definitions. closure of the season by publication of under § 240.23(d), any fishing vessel (a) Unless otherwise defined herein, a notice in the F ederal R egister, speci­ which had departed port to engage in the terms used in this subpart will have fying the time and date for the termina­ yellowtail flounder fishing in subarea 5, the meanings ascribed to them in Sub­ tion of specialized fishery for American prior to the date of the closure, may con­ part A, § 240.1. plaice and yellowtail flounder in subarea tinue to take and retain yellowtail floun­ (b) Regulations in this subpart will 3, and yellowtail flounder in subarea 5. der in the area subject to the closure apply to American plaice, (Hippoglos- (b) The National Marine Fisheries for a period of time not to exceed 5 days, soides platessoides (Fab.)), and yellow- Service maintains records of the catches at which time fishing for yellowtail floun­ tail flounder, (Limanda ferruginea of American plaice and yellowtail der in the closed area shall be prohibited. (Storer)). flounder made in divisions 3L, 3N, and 30 (2) In the event of an annual closure of subarea 3, and the catches of yellow­ as provided under § 240.23, any fishing § 240.21 Catch quota. tail flounder made in areas east and west vessel which had departed port to en­ (a) An annual catch limitation is of 69° W., in subarea 5, during the open gage in yellowtail flounder fishing in placed upon the quantity of American season, by vessels under the jurisdiction subarea 5, prior to date of the closure, plaice permitted to be taken in divisions of the United States, participating in the may continue to take and retain yellow­ 3L, 3N, and 30, of subarea 3. The aggre­ fishery. tail flounder, in the area subject to the closure, for a period of time not to ex­ gate catch of American plaice in the (c) When the accumulative and esti­ above divisions during 1973, by persons ceed 10 days, at which time fishing for mated catch of American plaice or yel­ yellowtail flounder in the closed area or fishing vessels, under the jurisdiction lowtail flounder in subarea 3, and yellow­ of the United States, shall not exceed shall be prohibited. Within 24 hours after tail flounder in subarea 5, making al­ the expiration of either the 10- or 5-day 100 metric tons. lowance for the incidental catch for the (b) An annual catch limitation is period, provided under the preceding remainder of the year, equals 100 per­ paragraph, each such vessel must return placed on the quantity of yellowtail cent of the allowable catch permitted flounder permitted to be taken in divi­ to a port or place in the United States under § 240.21, the Director shall and the master or person in charge must sions 3L, 3N, and 30, in subarea 3, and promptly notify the Executive Secretary in the areas east and west of 69° West immediately, on the return, notify any of the date on which vessels subject to appropriate official of the National Ma­ longitude in subarea 5, as follows: the jurisdiction of the United States have (1) The annual catch of yellowtail rine Fisheries Service, U.S. Bureau of ceased a specialized fishery. Customs or Coast Guard, of his arrival. flounder in divisions 3L, 3N, and 30, of (d) Announcement shall also be made subarea 3, shall not exceed 100 metric (b) Any master or person in charge by publication of a notice in the Federal of a fishing vessel which has departed tons. R egister of the closing time and date of (2) The annual catch of yellowtail port after the date of closure of yellow­ the first, second, and third quarters when tail flounder fishing either east or west flounder in subarea 5, in the area east the Director has determined, on the basis of 69° West longitude shall not exceed of 69°00' W., in subarea 5, may take, pos­ of catch data and catch rates, that the sess on board, and land in any port or 15 000 metric tons and shall be taken in accumulative catch (landing plus dis­ : uarterly increments as follows: place, such yellowtail flounder as may be cards) of yellowtail flounder in subarea taken incidentally in such closed area to 5, in either area (east or west of 69°- a fishery for nonregulated species: Pro­ Expected 00' W .), will equal the quarterly quota Quarter Catch quota accumulative vided, That the owner or operator of the catch established in § 240.21 (b). said vessel has on board the appropriate < § 240.24 Gear restrictions. license as required under1 § 240.2(a) and Jan. 1 to Mar. 31______2,950 2,950 complies with the limitations specified in Apr. 1 to June 30______3,850 6,800 (a) In subarea 5, no person shall fish July 1 to Sept. 30_____ 4,900 11,700 for yellowtail flounder with a net of ma- § 240.3 and the reporting requirements, Oct. 1 to Dec. 31______3,300 15,000 nila or of the trade named twines, under where required, in § 240.3(b): Provided the chemical category of polypropylene, further, That nothing contained herein shall be construed to amend, modify, (3) The annual catch of yellowtailhaving a mesh of less than 5 Vs inches flounder in subarea 5, in the area west of or repeal those portions of the regu­ 69° longitude shall not exceed 9,000 (130 mm.), or a trawl net or nets, parts lations relating to areas closed to all metric tons and shall be taken in quar­ of nets, or netting of material other than demersal fishing which may be found in terly increments as follows: manila or polypropylene twine, unless it § 240.13(d).

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 PROPOSED RULE MAKING 3523

(1) The provisions of this subpart shall (d) It shall be unlawful for any personrepeal those portions of the regulations apply to all fishing trips begun during to conduct a specialized fishery for silver relating to areas closed to all demersal the -calendar year 1973, whether com­ hake or red hake from 0001 hours, April 1 fishing, which may be found in pleted before January 1, 1974, or not. to 2400 hours, April 30, 1973, in the area § 240.13(d). Subpart D— Hake Fisheries bounded by 69°00'W., 39°50'N., 71°40'W., (d) The provisions of this subpart and 40°20'N., however, groundfish ves­ shall apply to all fishing trips begun dur­ § 240.30 Definitions. sels may be permitted to take on each ing the current calendar year, whether (a) Unless otherwise defined herein, trip, during this period, in the said area, completed before January 1, or not. the terms used in this subpart will have red and silver hake in amounts not to [PR Doc.73-2295 Piled 2-6-73;8:45 am] the meanings ascribed to them in sub­ exceed 10 percent each of the total catch taken in the said area, on that trip. part § 240.1. DEPARTMENT OF HEALTH, (b) Regulations in this subpart will § 240.34 Gear restrictions. apply to silver hake, (Merluccius biline- EDUCATION, AND WELFARE There are no gear restrictions regard­ aris (Mitch.)), and red hsike, (.Urophycis Food and Drug Administration chuss (Walb.)). ing fishing for silver or red hake in 1973. [ 21 CFR Part 1 ] § 240.31 Catch quota. § 240.35 General restrictions. COSMETIC INGREDIENT LABELING (a) An annual catch limitation is (a) Except as provided in paragraphs placed upon the quantity of silver hake (b ), (c), and (d), of this section, after Notice of Proposed Ru|p Making the dates announced in the manner pro­ permitted to be taken in division 5Y and In the F ederal R egister of April 11, subdivision 5Ze and 5Zw of subarea 5. vided in § 240.33 (a ), for the closure of 1972 (37 FR 7151), the Commissioner of The aggregate catch of silver hake dur­ silver or red hake fishing seasons in divi- Food and Drugs promulgated a final ing 1973, by persons or fishing vessels, ,sion 5Y or 5Z of subarea 5, it shall be order providing for voluntary registra­ under the jurisdiction of the United unlawful for any master or other person tion of producers of cosmetic products States, in each area, is as follows: in charge of a fishing vessel to possess and voluntary filing of ingredient and (1) The annual catch of silver hake silver or red hake on board such vessel raw material statements. In the pre­ in division 5Y of subarea 5, shall not in those areas or to land silver or red amble to these regulations, the Commis­ exceed 9,500 metric tons. hake taken in those areas iii any port sioner concluded that although the com­ (2) The annual catch of silver hake or place until the silver or red hake fish­ ments, which called for label declaration in subdivision 5Ze of subarea 5, shall not ing season reopens on January 1 next, of ingredients for cosmetics, were be­ exceed 17,000 metric tons. following the close of the seasón. yond the scope of the issues raised by (3) The annual catch of silver hake in (b ) (1) Any fishing vessel which hadthe petitions, nevertheless the comments subdivision 5Zw, shall not exceed 25,000 departed port to engage in silver or red were meritorious and the Commissioner metric tons. hake fishing under the provisions of announced that the Food and Drug Ad­ (b) An annual catch limitation is § 240.2(a), prior to the date of closure ministration would give consideration to placed upon the quantity of red hake of silver or red hake fishing in either publishing a proposal under the Fair permitted to be taken in subdivision 5Zw division 5Y or 5Z of subarea 5, may con­ Packaging and Labeling Act for the of subarea 5. The aggregate catch of red tinue to take and retain silver or red hake in the divisions for which the closure has labeling of cosmetic ingredients. hake dining 1973, by persons or fishing I. On May 17, 1972, Prof. Joseph A. vessels, under the jurisdiction of the been announced for a period of time not to exceed 5 days, at which time fishing Page, Mr. Anthony L. Young, and the United States, in each area, is as follows: Consumer Federation of America sub­ (1) The annual catch of red hake in for silver or red hake in the closed divi­ sion shall be prohibited. Within 48 hours mitted to the Food and Drug Administra­ subdivision 5Zw of subarea 5, shall'not tion the following petition for a regu­ exceed 15,000 metric tons. after the expiration of the 5-day period, each such vessel must return to a port lation on cosmetic ingredient labeling: § 240.32 Open season. or place in the United States and the St a t e m e n t o p G r o u n d s (a) The open season for silver hakemaster or person in charge must im­ fishing in division 5Y and 5Z of subarea mediately, on his return, notify any ap­ In the F ederal R eg ister of April 11, 1972 propriate officer of the National Marine (37 PR 7151), the Commissioner of Fpod and 5, and red hake fishing in division 5Z of Drugs promulgated a final order providing subarea 5, shall begin at 0001 hours of Fisheries Service, U.S. Bureau of Cus­ for “voluntary” registration of producers of the 1st day of January 1973, and termi­ toms, or Coast Guard, of his arrival. cosmetic products and “voluntary” filing of nate at a time and a date to be deter­ (2) Any master or person in charge cosmetic ingredient and raw material state­ mined pursuant to § 240.33. of a fishing vessel licensed to take silver ments. In the preamble to these regulations, or red hake from waters of the Conven­ the Commissioner concluded that comments § 240.33 Closed season and areas. tion area may continue to fish after the received in response to the regulations pro­ (a) The Director shall announce the posed by the Cosmetic, Toiletry and date of closure, in any subarea or divi- Fragrance Association (36 PR 16934) which closure of the season by publication of a sion, the provisions of the next preceding called for label declarations of ingredients notice in the F ederal R egister, specify­ paragraph notwithstanding, but should for cosmetic products, were beyond the scope ing the time and date for the termina­ he elect to do so, the quantity of silver of the issues raised by the CTFA petitions tion of specialized fishery for silver hake or red hake in his possession must not but that the comments were considered “to or red hake in subarea 5. exceed 5,000 pounds or 10 percent (10%) be meritorious” and that consideration was (b) The National Marine Fisheries by weight of all other fish on board. being given to publishing a proposal under the Pair Packaging and Labeling Act for the Service maintains records of the catches (c) Any master or person in charge of of silver hake or red hake made in each labeling of sensitizing ingredients. a fishing vessel which has departed port While petitioners believe that the labeling division of subarea 5 during the open after the date of closure of silver or red of sensitizing ingredients would go a long season by vessels, under the jurisdiction hake fishing in division 5Y or 5Z of sub- way towards protecting those millions of of the United States, participating in the area 5, may take and possess on board, Americans who suffer from various allergic fishery. and land in any. port or place, such silver reactions annually, petitioners also believe (c) When the accumulative and esti­ or red hake as may be taken incidentally that such labeling would not fully, inform mated prospective catch of silver hake consumers and enable them to obtain accu­ to a fishery for nonregulated species; rate information to facilitate value com­ and red hake in each division of subarea Provided, That the master of the said parisons. 5, making allowance for the incidental vessel has on board the appropriate Pull ingredient labeling will promote the catch for the remainder of the year, license as required under § 240.2(a) and fair and efficient functioning of a free market equals 100 percent of the allowable catch complies with the limitations specified in economy. When consumers are totally cogni­ permitted under § 240.31, the Director § 240.3 and the reporting requirements, zant of what they are buying they are able to shall promptly notify the Executive Sec­ where required, in § 240.4(b) : Provided “ vote with their pocketbook” and increase retary of the date on which its vessels further, That nothing contained herein the competitive posture of the marketplace. have ceased a specialized fishery. The consumer must know the contents of shall be construed to amend, modify, or his purchases to know whether a product is

FEDERAL REGISTER, V O L 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3524 PROPOSED RULE MAKING a good buy. Simple, Inexpensive ingredients (b) The common or usual names of in­ trade secret, he shall state his reasons are in some cases sold to tbe unknowing con­ gredients required to be displayed under therefore and those reasons shall be sumer for very high prices. Knowledge on the part of the consumer is the first step towards paragraph (a) of this section shall ap­ served upon the petitioner. The peti­ the prevention of economic fraud. pear prominently on the principal display tioner shall have 30 days to file a sup­ Labeling is also important to the consumer panel of the package. plemental statement with the Associate as a health measure. The Commissioner has (c) Where a cosmetic product consists Commissioner for Compliance. recognized that consumers must be able to of ingredients too numerous to list pro­ (e) The Associate Commissioner for ascertain the ingredients of cosmetic prod­ minently on the principal display panel, Compliance shall decide the matter be­ ucts to avoid allergic reactions. By avoiding there shall be prominently displayed a fore him within 30 days of receipt of all products which contain ingredients to which statement informing the consumer that: they are allergic, consumers prevent the papers. A copy of his decision, stating in needless and wasteful expenditure of money (1) The listing of ingredients appears general terms the reasons therefore, shall on products which must be discarded due to on another of the package’s display be served upon the petitioner and placed their irritating nature. Any cosmetic product panels, or; on display in the office of the Hearing which is injurious has no value whatsoever (2) The listing of ingredients appears Clerk. and may in fact impose significant costs on on or in a booklet, tag, insert, or card. (f) The decision of the Associate the consumer. There is no benefit-risk ratio (d) Where the listing of ingredients Commissioner for Compliance shall be with regard to cosmetics. takes the form described in paragraph final for purposes of judicial review and Our society has always valued maximiza­ (c) (2) of this section such booklet, tag, shall be effective 30 days after receipt tion of individual choice. This is one reason insert or card shall be securely affixed to that consumer legislation has favored com­ by the petitioner. plete labeling rather than secrecy; preferring the cosmetic product package. (e) Where it has been determined that § 1.207 Cosmetics; “ Trade Secret” infor- that the consumer weigh the benefits and mation, availability in emergencies. liabilities of his purchase. Cosmetic products full compliance with paragraph (b) or contain many ingredients which are common (c) of this section would divulge any (a) It is the moral and professional to all such products. Without full label dis­ trade secret under the procedures set obligation of the Food and Drug Ad­ closure of ingredients these cosmetic prod­ forth in § 1.206 of this chapter or where ministration and the physicians and ucts, through the use of extensive and expen­ an application to prevent the divulgence scientists employed therein to protect sive advertising techniques, can be sold at prices higher than a fully informed market­ is pending under § 1.206, the label of American consumers from injury from place would permit. Complete ingredient the cosmetic product package shall bear cosmetic products. labeling will insure that these cosmetic prod­ the phrase “and other ingredients” at (b) Upon application from poison con­ ucts are open to value comparison by the con­ the end of the listing of ingredients re­ trol centers, the Commissioner, or his sumer. Full labeling will thus promote de­ quired by paragraph (b) or (c) of this delegates, may provide, irrespective of velopment of the best product at the lowest section. whether a trade secret might be divulged, cost. Full labeling will prevent the maximiza­ information on all ingredients to assist tion of profit through the exploitation and § 1.206 Cosmetics in package form : Pro­ perpetuation of consumer ignorance. The cedures re “ Trade Secrets’’ . in the evaluation of accidental use or consumer has a right to know. accidental ingestion of a cosmetic (a) Nothing in § 1.205 shall be deemed product. In addition, the courts have declared that to require that any trade secret be di­ certain plans, processes, methods, or com­ (c) Upon application from a licensed pounds contained within a cosmetic product, vulged. Any person engaged in the pack­ physician, the Commissioner, or his dele­ known only to their owner and those em­ aging or labeling of a cosmetic product gatee, may provide, irrespective of ployees to whom it is necessary to confide in, may assert that full compliance with whether a trade secret might be di­ were trade secrets. The Fair Packaging and § 1.205 (b) or (c) would divulge a trade vulged, information on all ingredients, Labeling Act provides that labeling required secret by filing with the person desig­ where necessary to assist in the deter­ thereunder shall not be deemed to require nated by the Commissioner, a petition; mination of the cause of a medical re­ that any trade secret be divulged. A procedure (1) Describing with particularity all has therefore been established that protects action for which a patient is being both the interests of consumers and the in­ of the ingredients required by § 1.205(b) treated. tests of the owner of the trade secret. Pro­ or (c) to appear on the label of the cos­ (d) Any person engaged in the pack­ fessional responsibility of Food and Drug metic product, and aging or labeling of a cosmetic product Administration employees, however, may re­ (2) Stating with particularity the rea­ who so desires may provide the Commis­ quire that trade secrets be divulged in emer­ sons why the inclusion of any such ingre­ sioner, or his delegatee, with information gent situations. Again, a procedure has been dient (s) on the label would divulge a on diagnostic or remedial procedures established that balances the interests of trade secret. consumers and the interests of the owners adequate to permit evaluation and treat­ of trade secrets. (b) The person designated by the ment in the situations described in para­ Commissioner shall determine whether graphs (b) and (c) of this section. Such Therefore, petitioners Joseph A. Page, full compliance with § 1.205 (b) or (c) information will then be made available Anthony L. Young, and Consumer Fed­ would divulge a trade secret within 60 in lieu of the ingredient information to eration of America, pursuant to the pro­ days after filing; such decision is auto­ which it is compatible. visions of the Federal Food, Drug and matically appealed to the Associate Com­ On May 17, 1972, the petitioners re­ Cosmetic Act (Sec. 701 (e), (f), (g ); 52 missioner for Compliance. Stat. 1055-1056, as amended; 21 U.S.C. quested that this petition be held in (c) In the case where the person abeyance until the cosmetic ingredient 371 (e), (f), (g )), and the provisions of designated by the Commissioner has de­ the Fair Packaging and Labeling Act labeling legislation then pending before termined that full compliance with the Congress ran its course. On October (Secs. 5(c)(3), (6) (a); 80 Stat. 1298, § 1.205 (b) or (c) would divulge a trade 1299; 15 U.S.C. 1454(c) (3), 1455(a)) pro­ 12, 1972, petitioners requested that the secret, the file in the matter shall be petition be reactivated in view of the pose to add three new sections to Chap­ forwarded to the office of the Assistant ter I of 21 CFR, as follows; fact that cosmetic ingredient labeling General Counsel for Food, Drugs, and had not been enacted by Congress. § 1.205 Cosmetics in package form ; la­ Product Safety, Department of Health, II. In the F ederal R egister of August beling requirements re ingredients. Education, and Welfare, where a legal 11,1972 (37 F R 16208), the Commissioner (a) The label of a cosmetic productmemorandum on behalf of the con­ of Food and Drugs promulgated a notice which consists of two or more ingredients sumer’s right to be informed may be to cosmetic manufacturers and distribu­ and is packaged for consumption by in­ prepared within 30 days and served, with tors containing a standard format to be dividuals or use by individuals for pur­ the file in the matter, upon the petitioner utilized by those who wished to adopt and upon the Associate Commissioner for poses of personal care shall bear, in addi­ cosmetic ingredient labeling on a volun­ Compliance. tary basis pending consideration of the tion to the other requirements of this (d) In the case where the person legislation then in Congress and the pro­ chapter, the common or usual name of designated by the Commissioner has de­ posals being considered within the Food each such Ingredient in order of decreas­ termined that full compliance with and Drug Administration for mandatory ing predominance. § 1.205 (b) or (c) would not divulge a cosmetic ingredient labeling.

FEDERAL REGISTER, VOL. 38, NO . 25— WEDNESDAY, FEBRUARY 7, 1973 PROPOSED RULE MAKING 3525

Upon further consideration, the Com­ or brief in support thereof. Received E m p o r ia , K a n s . missioner has concluded that this format comments may be seen in the above office Within a 5-mile radius of the Emporia, for voluntary labeling should be proposed during working hours, Monday through Kans., Municipal Airport (latitude 38°20'00" as the format for mandatory cosmetic Friday. N., longitude 96°11'15" W .), and within 1.5 ingredient labeling, as follows: miles either side of the 010° bearing from the Dated: January 30, 1973. airport extending from the 5-mile radius to § 1.205 Cosmetics; labeling require­ miles north of the airport and 1.5 miles Charles C. Edwards, 6 ments ; designation of ingredients. either side of the 190° bearing from the air­ Commissioner of Food and Drugs. port extending from the 5-mile radius to 6 (a) The labeling of a cosmetic shall [PR Doc.73-2242 Piled 2-6-73;8:45 am] miles south of the airport. bear a declaration of each ingredient in descending order of predominance, ex­ 2. In § 71.181 (38 FR 435), the follow­ cept that fragrance, flavoring, and color­ DEPARTMENT OF TRANSPORTATION ing transition area is amended to read: ing may be declared as such. An ingre­ Federal Aviation Administration E üSpo r ia , K a n s . dient which is both fragrance and flavor­ [1 4 CFR Part 7 1 ] That airspace extending upwards from 700 ing, or both flavoring and coloring, or feet above the surface within 2 miles either any combination of the three, shall be [Airspace Docket No. 72-CE-28] side of the Emporia VORTAC 134° radial ex­ designated by each of the functions it tending from the 5-mile radius of the air- performs unless such ingredient is spe­ CONTROL ZONE AND TRANSITION AREA part (latitude 38°20'00" N., longitude cifically declared. No ingredient may be Proposed Alteration 96°11'15" W.); to 8 miles southeast of the VORTAC, and 5 miles either side of the 010° designated as fragrance, flavoring, or The Federal Aviation Administration coloring unless it is within the meaning bearing, from the airport extending from the is considering amending Part 71 of the 5-mile radius to 11.5 miles north and 5 miles of such term as commonly understood by Federal Aviation regulations so as to either side of the 190° bearing from the air­ consumers. alter the control zone and transition port extending from the 5-mile radius to 12.5 (b ) . The declaration of ingredientsarea at Emporia, Kans. miles south of the airport and that airspace shall appear with such prominence and Interested persons may participate in extending upwards from 1,200 feet above the conspicuousness as to render it likely to the proposed rule making by submitting surface within 5 miles southwest and 8 miles be read and understood by ordinary in­ northeast of the Emporia VORTAC 134° such written data, views or arguments radial extending from the VORTAC to 12 dividuals under normal conditions of as they may desire. Communications purchase. The declaration shall appear miles southeast of the VORTAC. should be submitted in triplicate to the on any appropriate information panel in Director, Central Region, Attention: These amendments are proposed under letters not less than one-sixteenth of an Chief, Air Traffic Division, Federal Avia­ the authority of section 307(a) of the inch in size and without obscuring de­ Federal Aviation Act of 1958 (49 U.S.C. sign, vignettes, or crowding. In the ab­ tion Administration, Federal Building, 601 East 12th Street, Kansas City, MO 1348), and of section 6(c) of the Depart­ sence of sufficient space for such declara­ 64106. All communications received on ment of Transportation Act (49 U.S.C. tion on the package, or where the manu­ 1655(c)). facturer or distributor wishes to use a or before March 9, 1973, will be consid­ decorator container, the declaration may ered before action is taken on the pro­ Issued in Kansas City, Mo., on Janu­ appear on a firmly affixed tag, tape, or posed amendments. No public hearing is ary 16, 1973. display card. contemplated at this time, but arrange­ J ohn M. Cyrocki, (c) An ingredient shall be identified ments for informal conferences with Director, Central Region. in the declaration by: Federal Aviation Administration officials [FR Doc.73-232'7 Filed 2-6-73;8:45 am] (1) The name specified for that in­ may be made by contacting the Regional gredient in any recognized compendium, Air Traffic Division Chief. Any data, such as United States Pharmacopeia, views or arguments presented during [ 14 CFR Part 71 ] such conferences must also be submitted National Formulary, Food Chemicals [Airspace Docket No. 73-SW-6] Codex, United States Adopted Names, or in writing in accordance with this notice an industry compendium; or in order to become part of the record for TRANSITION AREA consideration. The proposals contained (2) In the absence of such a listing, the Proposed Designation common or usual name; or in this notice may be changed in the (3) In the absence of such a listing light of comments received. The Federal Aviation Administration or a common or usual name, the chemical A public docket will be available for is considering amending Part 71 of the or other technical name or description. examination by interested persons in the Federal Aviation Regulations to desig­ (d) Where a cosmetic is also a drug, Office of the Regional Counsel, Federal nate a 700-foot transition area at Mar­ the declaration shall first declare the ac­ Aviation Administration, Federal Build­ shall, Tex. tive ingredients as required under chap­ ing, 601 East 12th Street, Kansas City, Interested persons may submit such ter V of the act, and shall then declare MO 64106. written data, views, or arguments as they with an appropriate designation the cos­ Since designation of controlled air­ may desire. Communications should be metic ingredients. space at Emporia, Kans., new RNAV pub­ submitted in triplicate to Chief, Airspace III. Therefore, pursuant to provisionslic use instrument approach procedures and Procedures Branch, Air Traffic Divi­ of the Fair Packaging and Labeling Act have been established at the Emporia sion, Southwest Region, Federal Aviation (15 U.S.C. 1455(a)) and under authority Municipal Airport. Accordingly, it is nec­ Administration, Post Office Box 1689, delegated to him (21 CFR 2.120), the essary to alter the Emporia, Kans., con­ Fort Worth, TX 76101. All communica­ Commissioner publishes the above peti­ trol zone and transition area to ade­ tions received on or before March 9,1973, tion and proposal for public comment. quately protect aircraft executing the will be considered before action is taken Interested persons may, on or before new approach procedures. on the proposed amendment. No public April 9, 1973, file with the Hearing Clerk, In consideration of the foregoing, the hearing is contemplated at this time, but Department of Health, Education, and Federal Aviation Administration pro­ arrangements for informal conferences Welfare, Room 6- 88, 5600 Fishers Lane, poses to alter Part 71 of the Federal Avi­ with Federal Aviation Administration of­ Rockville, MD 20852, written comments ation Regulations as hereinafter set ficials may be made by contacting the (preferably in quintuplícate) regarding forth: Chief, Airspace and Procedures Branch. this petition and proposal. Comments 1. In § 71.171 (38 FR 351), the follow­Any data, views, or arguments presented may be accompanied by a memorandum ing control zone is amended to read: during such conferences must also be

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3526 PROPOSED RULE MAKING submitted in writing in accordance with 5. In the preamble, on page 2195, sec­ (1) The waste gas stream will not sup­ this notice in order to become part of the ond column, last line of the second full port combustion and alternative control record for consideration. The proposal paragraph, the word “ 1935” should read techniques are not reasonably available, contained in this notice may be changed “ 1985.” (2) A safety hazard would exist due to in the light of comments received. 6. In the preamble, on page 2196, first compliance with the regulation, or * The official docket will be available column, eighth line of the third full (3) The organic compounds in the for examination by interested persons at paragraph, the word “on” should read waste gas stream are not photochemi- the Office of the Regional Counsel, “no.” cally reactive. Southwest Region, Federal Aviation Ad­ The amendments proposed below in­ 7. In the preamble, on page 2198, sec­ clude procedures for applying for exemp­ ministration, Fort Worth, Tex. An in­ ond column, 18th line of the third full formal docket will also be available for tion. Amendments are also proposed to paragraph, the phrase “on January 22, the compliance schedule requirements to examination at the Office of the Chief, 1973” should read “upon republication in Airspace and Procedures Branch, Air avoid the requirement of submission of the F ederal R egister.” a compliance schedule while an applica­ Traffic Division. 8. In the proposed amendments to 40 It is proposed to amend Part 71 of the tion for exemption is being considered. CFR 52.229, on page 2199, the first sen­ Finally, procedures are proposed for Federal Aviation Regulations as here­ tence of paragraph (g) (2) should read: inafter set forth. obtaining the Administrator’s approval In §71.181 (38 FR 435), the follow­ “No person shall load or allow the load­ of methods of control other than inciner­ ing of volatile organic compounds having ation or a smokeless flare. ing transition area is added: a vapor pressure of 1.5 pounds per square Publication of this proposal in the F ed­ M a r s h a l l , T e x . inch absolute or greater, under actual eral R egister shall have the effect of That airspace extending upward from 700 storage conditions, into any tank truck suspending the requirements for certifi­ feet above the surface within a 5-mile radius or trailer, railroad tank car, locomotive, cation of compliance (1 52.980(a)(1)) of Harrison County Airport (latitude aircraft, stationary storage tank with a 32°31'18'' N„ longitude 90°18'29" W.) and and submission of compliance schedules capacity greater than 250 gallons, or boat (§ 52.980(a) (2)) by sources. New dates within 2.5 miles each side of Gregg County or motor vehicle fuel tank having a ca­ VORTAC 075" T (068* M) radial extending for certifying compliance and submit-, from the 5-mile radius area to 21 miles east pacity greater than 5 gallons from any ting compliance will be prescribed at the of the VORTAC. loading facility unless such tank or load­ conclusion of the Agency’s rule making ing facility is equipped with a vapor col­ on this proposal. The proposed transition area will pro­ lection and disposal system, or its equiv­ vide controlled airspace for aircraft ex­ alent, properly installed, in good working The Agency is considering whether ecuting approach/departure procedures order, and in operation.” additional organic compounds should be proposed at Harrison County Airport, added to the list of exempt compounds 9. In the proposed amendments to 40 specified § 52.973(b) (4), as amended Marshall, Tex. CFR 52.229, on page 2199, paragraph in this issue of the Federal R egister. This amendment is proposed under the (g) (2) (iii) should read: “ (iii) Other authority of section 307(a) of the Fed­ Comments and data are invited on this equipment of at least 90 percent effi­ subject. eral Aviation Act of 1958 (49 U.S.C. ciency, provided plans for such equip­ 1348) and of section 6(c) of the Depart­ ment are submitted to and approved by Interested persons may participate in ment of Transportation Act (49 U.S.C. the Administrator of the Environmental this rule making by submitting written 1655(c)). Protection Agency.” comments in triplicate to the Environ­ Issued in Fort Worth, Tex., on Janu­ mental Protection Agency’s Region VI Dated: February 2,1973. Office, 1600 Patterson, Street, Dallas, TX ary 26, 1973. W illiam D. R ttckelshaus, 75201. All comments received no later R. V. R eynolds, Administrator, than March 7, 1973, will be considered. Acting Director, Southwest Region. Environmental Protection Agency. Receipt of comments will be acknowl­ [FR Doc.73-2328 Filed 2-6-73:8:45 am] edged, but substantive responses will not [FR Doc.73-2398 Filed 2-6-73:8:45 am] be provided. All comments will be avail­ ENVIRONMENTAL PROTECTION able for public inspection during normal [ 40 CFR Part 52 ] business hours at the Region VT Office. AGENCY This notice of proposed rule making [ 40 CFR Part 52 ] APPROVAL AND PROMULGATION OF is issued under authority of section 110 IMPLEMENTATION PLANS TRANSPORTATION CONTROLS FOR of the Clean Air Act, as amended (42 CALIFORNIA Notice of Proposed Rule Making U.S.C. 1857C-5). Approval and Promulgation of Implemen­ On October 28, 1972 (37 FR 23087), Dated: February 2,1973. pursuant to section 110 of the Clean Air tation Plans; Correction W illiam D. R uckelshatts, Act, the Agency promulgated regulations In FR Doc.' 73r 1144 appearing at page Administrator, to correct the deficiencies in the regula­ Environmental Protection Agency. 2194 of the issue for Monday, January 22, tory provisions of Louisiana’s implemen­ 1973, the following changes are to be tation plan. In addition to certain pro­ It is proposed to amend Part 52 of made: cedural items, regulations were promul­ Chapter I, Title 40 of the Code of Fed­ 1. The title should read “Transporta­ gated for control of hydrocarbon emis­ eral Regulations as follows: tion Controls for California” rather than sions from waste gas disposal sources in Subpart T — Louisiana “California Air Quality Standards.” the Louisiana portion of the Southern 2. In the preamble, on page 2194, sec­ Louisiana-Southeast Texas Interstate In § 52.973, paragraph (b) is amended ond column, 23d line of the second full Region. It has come to the attention of by adding paragraphs (b) (5) through paragraph, the word “ (proposed) ” should the Administrator that in certain in­ (b) (7) as follows: read “ [proposed].” stances, compliance with this regulation § 52.973 Control strategy and regular 3. In the preamble, on page 2194, may not be necessary to control photo­ tions: Photochemical oxidants (hy­ third column, 18th line of the first full chemical oxidant formation, may not be drocarbons). paragraph, the word “fair” should read feasible, or may create a safety hazard. ***** “far.” Therefore, amendments are proposed (b) * * * ' . 4. In the preamble, on page 2194, below which would permit exemption (5) Any owner or operator of a sta­ third column, the third and fourth lines from the waste gas disposal regulation tionary source subject to the subpara­ of the third full paragraph should read: previously promulgated for Louisiana graph (2) of this paragraph may, no “oxidants is 160 /¿g/m? (0.08 parts per upon satisfactory showing to. the Admin­ later than 120 days following the effec­ million, ppm) average for a 1-hour tive date of this paragraph, submit to peri-”. istrator that:

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 PROPOSED RULE MAKING 3527

the Administrator an application for ex­ (iii) Each application shall include By the Federal Home Loan Bank emption from the requirements of this the name and address of the applicant, Board. paragraph. location or proposed location of the [ seal] Jack Carter, (i) Each application shall include the source and technical information de­ Secretary. name and address of the applicant, lo­ scribing the nature, size, design, and cation or proposed location of the source method of operation of the source, in­ [FR Doc;73-2360 Filed 2-6-73;8:45 am] and technical information describing the cluding a description of any equipment nature, size, design, and method of op­ to be used for control of emissions. The [ 12 CFR Parts 546, 563, 563b, 571 ] eration of the source. Such technical in­ emissions before and after control shall CONVERSIONS OF MUTUAL ASSOCIA­ formation shall include calculations of be specified. Such technical information TIONS TO THE STOCK FORM emission estimates in sufficient detail to shall include calculations of emission Notice of Hearings permit assessment of the validity of the estimates in sufficient detail to permit calculations and any other information Assessment of the validity of such calcu­ On January 3, 1973, the Federal Home necessary to substantiate the request for lations. Loan Bank Board adopted proposed reg­ exemption from applicability of this reg­ (7) Compliance with this paragraphulations governing conversion to State- ulation. shall be in accordance with the provi­ chartered stock form by federally char­ (ii) The Administrator may approve sions of § 52.980(a). tered savings and loan associations and an application for exemption upon satis­ In § 52.980, the first sentence of para­ State-chartered mutual savings and factory showing that: graph (a) (2) is revised as follows: loan associations the accounts of (a) The waste gas stream is shown to which are insured by the Federal Sav­ be photochemically unreactive according § 52.980 Compliance schedules. ings and Loan Insurance Corporation. to procedures specified by the Adminis­ (a) * * * The proposed regulations were published trator (a demonstration shall not be re­ in the Federal R egister on January 11, (2) Any owner or operator of a source 1973 (38 FR 1334). ' quired for waste gas streams specified in subject to subparagraph (1) of this para­ subparagraph (4) of this paragraph) ; Notice is hereby given that hearings graph may, no later than the date re­ will be held on these proposals on March or quired for submission of the control (b) The waste gas stream will not sup­ method or device description pursuant to 12 and Marcli 13,1973 at 10 a.m. in Room port combustion and alternative control § 52.973(b) (6), submit to the Adminis­ 630 of the Board’s headquarters building measures are not reasonably available; at 101 Indiana Avenue NW., Washington, trator for approval a proposed com­ D.C. or pliance schedule that demonstrates com­ (c) A safety hazard would exist due pliance with § 52.973(b) as expeditiously The hearings will be subject to the fol­ to compliance with this paragraph. as practicable but not later than July 31, lowing rules of procedure: (iii) The Administrator will, within 60 1975. * * * 1. Each person or representative of a days of receipt of sufficient information group who wishes to make a presentation * * * * • must make a request to do so in writing to evaluate an application submitted [FR Doc.73-2359 Filed 2-6-73:8:45 am] under this subparagraph, notify the by March 1, 1973, addressed to the Gen­ owner or operator of approval or inten­ eral Counsel of the Board, Room 856, tion to deny approval of the application. FEDERAL HOME LOAN BANK BOARD 101 Indiana Avenue NW., Washington, DC 20552. Notice will include the information and [ 12 CFR Part 563 ] findings on which such intended denial 2. A written copy of a statement, or is based, and allow the opportunity for [No. 73-133] a summary of the points to be, covered, such person to present, within such time FEDERAL SAVINGS AND LOAN must accompany the request. limit as the Administrator shall specify, INSURANCE CORPORATION 3. Participants will be notified by additional information or arguments to March 8 of their order of appearance. A the Administrator prior to final action on Proposal Regarding Audit at End of Fiscal list of participants, their order of appear­ such application. Year; Extension of Time for Comments ance, and their written statements or (iv) A final determination to deny any F ebruary 1,1973. summaries will be available for public application for exemption will be in writ­ By Resolution No. 72-1465, dated De­ inspection in the Office of Communica­ ing and will set forth the specific grounds cember 14, 1972, the Federal Home Loan tions, Room 1014, by March 8. on which such denial is based. Such final Bank Board proposed to amend Part 563 4. The Hearing Officer is authorized determination will be made within 60 of the Rules and Regulations for In­ to have complete charge of the hearings days of presentation of additional infor­ surance of Accounts (12 CFR Part 563) and to do all things necessary and proper mation or arguments, or 60 days after for the purpose of requiring insured in­ for the orderly conduct of the hearings. the final date specified for presentation, stitutions with fiscal years ending after He may exclude testimony, data and ma­ if no presentation is made. December 31,1973, to be audited as of the terial which is deemed improper, irrele­ vant, or repetitive. (6) The owner or operator of anyend of each fiscal year. Notice of such source subject to subparagraph (2) of proposed rule making was published in 5. Normally, a maximum of 15 minutes will be allowed for individuals and 30 this paragraph shall, no later than 120 the F ederal R egister on December 20, days following thé effective date of this 1972 (37 FR 28079), and interested per­ minutes for groups. To the extent pos­ paragraph, submit to the Administrator sons were invited to submit written data, sible, groups having identical positions views, and arguments to the Board by shall be represented by one representa­ for approval a description of the method tive. or device that will be used to control the January 19,1973. emissions from such source. Where an 6. Participants will not be permitted In view of the complexity of the pro­ to examine or cross-examine other par­ application for exemption is submitted posal, the Federal Home Loan Bank" to the Administrator pursuant to sub- ticipants, although the Hearing Officer Board has decided to provide an addi­ or his counsel may question participants paragraph (5) of this paragraph, such tional period for submission of comments for the purpose of obtaining a fuller ex­ description shall be submitted no later on such proposal. Accordingly, the Board position of their views. than 120 days following the issuance of will continue to accept written data, a denial of any application for exemption. 7. There shall be no provision for oral views, and arguments on such proposal argument at the conclusion of the (i) A separate application shall be from interested persons until February hearings. submitted for each source. 28,1973. 8. The foregoing rules may be relaxed (ii) The requirements of this subpara­ (Secs. 402, 403, 48 Stat. 1256, 1257, as by the Hearing Officer if in his judgment graph shall not be applicable to sources amended; 12 Ù.S.C. 1725, 1726. Reorg. Plan such relaxation would aid the Board in controlled by smokeless flares or by in­ No. 3 Of 1947, 12 FR 4981, 3 CFR, 1943-48 reaching a decision on the proposed reg­ cineration. Comp., p. 1071) ulations. If the number of participants

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3528 PROPOSED RULE MAKING requires, the Hearing Officer may also from the reporting company at their Washington, D.C., February 1, 1973. schedule hearings in the evening or an own expense. A copy of the complete By the Federal Home Loan Bank additional day of hearings. record of hearing will be sent, at the ex­ Board. pense of the Board, to the Senate Com­ 9. All interested parties may, after the [ seal] Jack Carter, close of the hearings and as soon as the mittee on Banking, Housing and Urban Secretary. transcript of the hearings has been pre­ Affairs and to the House Committee on [PR Doc.73-2338 Piled 2-6-73;8:45 am] pared, obtain copies of the transcript Banking and Currency.

FEDERAL REGISTER, VOL. 38, NO . 25— WEDNESDAY, FEBRUARY 7 , 1973 3529 Notices

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

DEPARTMENT OF STATE The information received tends to indicate interested in Indian education and that the .prices of the merchandise sold for health programs. [Public Notice CM—5] exportation to the United States are less than the prices for home consumption. Because of the recent appointment of ADVISORY COMMITTEE, FOREIGN the Executive Director, and the afore­ SERVICE INSTITUTE This notice is published pursuant to mentioned dates were the only days Notice of Meeting § 153.30 of the Customs Regulations (19 available to the majority of the partic­ CFR 153.30). ipants, the normal 7 days advance notice The second meeting of the Advisory F ederal R egister [seal] M atthew J. M arks, in the is waived. The Committee of the Foreign Service Insti­ meeting is open to the public. tute of the Department of State will be Acting Assistant Secretary held on February 26 and 27, 1973. Both of the Treasury. Charles G. Em ley, sessions of the meeting will begin at [PR Doc.73-2370 Piled 2-6-73;8:45 am] Deputy Assistant Secretary 9:30 a.m. and will be held in Room 1200, of the Interior. Foreign Service Institute, Department DEPARTMENT OF DEFENSE February 2,1973. of State, 1400 Key Boulevard, Arlington, [FR Doc.73-2394 Filed 2-6-73:8:45 am] VA. Department of the Navy The agenda for the meeting covers the SECRETARY OF THE NAVY'S ADVISORY WHITE MOUNTAIN APACHE INDIAN following topics: “Training and Career BOARD ON EDUCATION AND TRAINING RESERVATION, ARIZ. Development in the Foreign Service” ; Notice of Meetings “Economic/Business Training in the Ordinance Legalizing the Introduction, Sale, Foreign Service” ; and “The Foreign Notice is hereby given of open meetings or Possession of Intoxicants Service Institute’s Philosophy, Objec­ of the Secretary of the Navy’s Advisory In accordance with authority delegated tives, and Problems.” Board on Education and Training on by the Secretary of the Interior to the All sessions of the meeting are open February 15-16, 1973, at the Head­ Assistant Secretary—Management and to the public. quarters of the Chief of Naval Training, Budget in Secretarial Order 2950, and in Pensacola, Fla. The purposes of the meet­ accordance with the Act of August 15, Dated: January 24,1973. ings are to examine the Navy’s recruit-, 1953, Public Law 277, 83d Congress, First D onald C. B ergus, fleet-, and aviation-training programs, session (67 Stat. 586), I certify that the Executive Secretary. . procedures for selecting personnel for following ordinance relating to the appli­ [PR Doc.73-2303 Filed 2-6-73;8:45 am] additional schooling, and Navy education cation of the Federal Indian Liquor Laws programs. on the White Mountain Apache Indian Reservation, Ariz., was adopted on Au­ DEPARTMENT OF THE TREASURY [seal] H. B. R obertson, Jr., Rear Admiral, JAGC, U.S. Navy, gust 30, 1972, by the White Mountain Office of the Secretary Acting Judge Advocate Gen Apache Tribal Council, "which has ju­ eral. risdiction over the area of Indian Coun­ ACRYLONITRILE - BUTADIENE - STYRENE try included in the ordinance. The ordi­ TYPE OF PLASTIC RESIN IN PELLET J anuary 31, 1973. nance reading as follows: Rescinds Or­ FORM FROM JAPAN [FR Doc.73-2296 Filed 2-6-73;8:45 am] dinance No. 26 published in the F ederal Antidumping Proceeding Notice R egister^ January 21, 1958 (23 FR 364). F ebruary 2, 1973. DEPARTMENT OF THE INTERIOR A rtic le I. D e f in it io n s On January 2, 1973, information was Bureau of Indian Affairs In this Ordinance, unless the context received in proper form pursuant to otherwise requires: §§ 153.26 and 153.27, Customs Regula­ INDIAN EDUCATION FOR HEALTH 1. “ Beer” means any beverage obtained by tions (19 CFR 153.26, 153.27), indicat­ COMMITTEE the alcoholic fermentation, infusion or de­ coction of barley malt, hops, or other in­ ing a possibility that acrylonitrile-buta­ Notice of Public Meeting gredients not drinkable, or any combination diene-styrene type of plastic resin in pel­ The Indian Education for Health Com­ of them. let form from Japan is being, or is likely mittee was established, pursuant to the 2. “Broken Package” means any container to be, sold at less than fair value within provisions of the Act of October 6, 1972, of spirituous liquor on which the U.S. tax the meaning of the Antidumping Act, seal has been broken or removed, or from (Public Law 92-436; 66 Stat. 770), for which the cap, cork, or seal placed thereupon 1921, as amended (19 U.S.C. 160 et seq.). the purpose of advising and assisting in There is evidence on record concern­ by the manufacturer has been removed. the coordination and improvement of ed­ 3. “Club” includes any of the following ing injury to or likelihood of injury to or ucation and health programs for Indians organizations where the sale of spirituous prevention of establishment of an indus­ throughout the United States through liquor for consumption on the premises is try in the United States. a' joint venture of the Department of the made to members only: Having conducted a summary investi­ Interior and the Department of Health, (a) A post, chapter, camp or other local gation as required by § 153.29 of the Education, and Welfare. The Indian Ed­ unit composed solely of veterans and its duly Customs Regulations (19 CFR 153.29) recognized auxiliary, and which is a post, ucation for Health Committee will meet chapter, camp or other local unit composed and having determined as a result there­ at 9 a.m. to 4:30 p.m., February 12 and solely of veterans which has been chartered of that there are grounds for so doing, 13, 1973, in Room 131, Bureau of In­ by the Congress of the United States for the Bureau of Customs is instituting an dian Affairs, 1951 Constitution Avenue patriotic, fraternal or benevolent purposes, inquiry to verify the information sub­ NW., Washington, DC. The purpose of and which has, as the owner, lessee or occu­ mitted and to obtain the facts necessary the meeting is to explore ways and pant, operated an establishment for that to enable the Secretary of the Treasury purpose in this State. to reach a determination as to the fact means for coordinating and improving (b) A chapter, aerie, parlor, or other local or likelihood of sales at less than fair the education and health programs for unit of an American national fraternal or­ Indians throughout the United States. ganization which has as the owner, lessee value. or occupant operated an establishment for A summary of information received The proposed agenda includes presenta­ fraternal purposes in this State. An Amer­ from all sources is as follows: tions by representatives of organizations ican national fraternal organization as used

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 No. 25—Pt. I-----5 3530 NOTICES

In this subdivision shall actively operate in uous liquors upon which all taxes imposed 9. For a retailer to acquire an interest in not less than 36 States or have been in ac­ have not been paid. property owned, occupied, or used by a whole­ tive continuous existence for not less than 10. “Sell” includes soliciting or receiving saler in his business, or in a license with re­ 20 years. an order for, keeping or exposing for sale, spect to the premises of the wholesaler. (c) A hall or building association of such delivering for value, peddling, keeping with 10. For a licensee or any other person to a local unit mentioned in subdivisions (a) intent to sell and trafficking in. sell, deliver, give or otherwise furnish spir­ and (b), all of the capital stock of which 11. “Spirituous liquor” includes alcohol, ituous liquors to any person under the age its owned by the local unit or the members brandy, whiskey, rum, tequila, mescal, gin, of 19 years, or leave or deposit any such and which operates the club room facilities wine, porter, ale, beer, any malt liquor, malt spirituous liquors in any place with the in­ of the local unit. beverage, absinthe or compound or mixture tent that the same shall be procured by any (d) A golf club which has more than 50 of any of them or of any of them with any person under the age of 19 years, or for a bona fide members which owns, maintains vegetable or other substance, alcohol bitters, person under the age of 19 years to buy, or operates a bona fide golf links together bitters containing alcohol, and any liquid receive, have in his possession or consume, with a club house. mixture or preparation, whether patented spirituous liquor. It shall be the responsi­ (e) A social club with more than 100 bona or otherwise, which produces intoxication, bility of the licensee or his employee and fide members who are actual residents of the fruits preserved in ardent spirits, and bever­ of any one acting in his behalf to ascertain county in which it is located, which owns, ages containing more than y2 of 1 percent of that the purchaser of any intoxicating bev­ maintains or operates club quarters, and alcohol by volume. erage either by the drink, or by the bottle or which is authorized and incorporated to 12. “Vehicle” means any means of trans­ any other container is 19 years of age or portation by land, water or air, and includes older. operate as a nonprofit club under the laws 11. For a licensee to employ a person of this State, and has been continuously everything made use of in any way for such transportation. under the age of 19 years to manufacture, incorporated and operating for a period of sell, or dispose of spirituous liquors. not less than 1 year. The club shall have had, 13. “Veteran” means a person who has served in the U.S. Army, Navy, Marine Corps, 12. For an on-sale retail licensee to employ during such period of 1 year, a bona fide a person under the age of 19 years in any membership with regular meetings conducted revenue marine service, as an active nurse in- the services of the American Red Cross, in the capacity connected with the handling of at least once each month, and the member­ spirituous liquors. ship shall be and shall have been actively Army and Navy Nurse Corps in time of war, or in any expedition of the Armed Forces of 13. For a licensee, when engaged in waiting engaged in carrying out the objects of the on or serving customers, to consume spir­ club. The club’s membership shall consist the United States, and has received a dis­ charge other than dishonorable. ituous liquor or remain on or about the of bona fide dues paying members paying at premises while in an intoxicated or disor­ least $6 per year, payable monthly, quarterly 14. “Wine” means the product obtained by the fermentation of grapes or other agricul­ derly condition. or annually, which have been recorded by 14. For an employee of a licensee, during the secretary of the club, and the members tural products containing natural or added sugar or any such alcoholic beverage fortified his working hours or in connection with his at the time of application for a club license employment, to give to or purchase for any shall be in good standing having for at least with grape brandy and containing not more than 24 percent of alcohol by volume. other person, accept a gift of, purchase for 1 full year paid dues. At least 51 percent of himself or consume spirituous liquors. the members shall have signified their in­ A rtic le II. U n l a w f u l A cts 15. For a licensee or other person to serve, tention to secure a social club license by It is unlawful: sell, or furnish spirituous liquor to an in­ personally signing a petition, on a form pre­ toxicated or disorderly person, or for a li­ scribed by the board, which shall also include 1. For any person, whether as principal or agent, clerk or employee, either for himself, censee or employee of the licensee to allow the correct mailing address of each signer. or permit an intoxicated or disorderly person The petition shall not have been signed by a or for any other person, or for any body corporate, or as officer of any corporation, or to come into or remain on or about his member at a date earlier than 30 days prior premises. to the filing of the petition. The club shall as a member of any firm or copartnership or otherwise to buy for resale, sell or deal in 16. For an on-sale or off-sale retail licensee qualify for exemption from the payment of or an employee thereof to sell, dispose of, State income taxes under the provisions of spirituous liquors on and within the exterior boundaries of the Fort Apache Indian Reser­ deliver, or give spirituous liquor to a per­ title 43, it being the intent of this para­ vation, Ariz., without first obtaining all son, or to allow a person to consume spiritu­ graph that a license shall not be granted to necessary Federal, State and county licenses ous liquors on his premises, between the a club which is, or has been, primarily formed including, but not restricted to, a Federal hours of 1 o’clock a.m. and 6 o’clock a.m. on or activated to obtain a license to sell liquor, license to trade with Indians, pursuant to .weekdays and 1 o’clock a.m. and 12 o’clock but solely to a bona fide club, where the sale Part 251, Title 25, Code of Federal Regula­ noon on Sundays. of liquor is incidental to the main purposes tions, and a valid license issued by the White 17. For an on-sale or off-sale retail licensee of the club. Mountain Apache Tribal Council. or an employee thereof to sell, dispose of, de­ 4. “ Company” or “association,” when used 2. For a person to buy for resale, sell or liver or give away spirituous liquor on his in reference to a corporation, includes suc­ deal in spirituous liquors in this State 'with­ premises on election days during the horns cessors or assigns. out first having procured a license duly issued polling places aré open for voting. 5. “ Election days” means the biennial pri­ by the White Mountain Apache Tribal 18. For an on-sale retail licensee to employ mary election for the nomination of United Council. a female for the purpose of soliciting the pur­ States, State, county and precinct officers, a 3. For a person to sell or deal in alcohol for chase of spirituous liquors by patrons of the special election called pursuant to section 1, beverage purposes without first complying establishment for themselves, on a percent­ article 21 of the Constitution of the State of with the provisions of this ordinance. age basis or otherwise, and no licensee shall Arizona, the biennial general election of the 4. For a distiller, winer, brewer, or whole­ serve his female employees or allow a patron State of Arizona and all White Mountain saler to sell, dispose of or give spirituous of his establishment to give spirituous liquor Apache tribal elections. liquor to any person other than a licensee, to, or to purchase liquor for, or drink liquor 6. “Off-sale retailer” means any person op­ except in sampling ware as may be necessary with, a female employee. erating a bona fide regularly established in the ordinary course of business. 19. For an off-sale retailer to sell spiritu­ retail liquor store selling spirituous liquors, 5. For a distiller, winer, or brewer to require ous liquors except in the original container, wines and beer, and any established retail a wholesaler to offer or grant a discount to to permit spirituous liquor to be consumed store selling commodities other than spirit­ a retailer, unless the discount has also been on his premises, or to sell spirituous liquor uous liquors and engaged in the sale or offered and granted the wholesaler by the dis­ in a container having a capacity of less than spirituous liquors only in the original pack­ tiller, winer, or brewer. 8 ounces, or for an on-sale retailer to sell age, to be taken away from the premises of 6. For a distiller, winer, or brewer to use a spirituous liquor for consumption off the the retailer and to be consumed off the vehicle for trucking or transportation of premises in a container having a capacity of premises. spirituous liquors unless there is affixed to less than 8 ounces. 7. “ On-sale retailer” means any person op­ both sides of the vehicle a sign showing the 20. For a person to consume spirituous erating an establishment where spirituous name and address of the licensee and the type liquor from a broken package in a public liquors are sold in the original container for i».nd number of his license in letters not less place, thoroughfare or gathering, and the consumption on or off the premises and in than 3 y 2 inches in height. license of a licensee permitting a violation of individual portions for consumption on the 7. For a person to take or solicit orders for this paragraph on his premises shall be sub­ premises. spirituous liquors unless he is a licensed ject to revocation. This paragraph shall not 8. “ Person” includes partnership, associa­ fifiiAgman or solicitor or a licensed wholesaler apply to sales of spirituous liquors in indi­ tion, company or corporation, as well as a or a licensed salesman or solicitor of a dis­ vidual portions by an on-sale licensee. natural person. tillery, winery, brewery, importer, or broker. 21. For a person to have in his possession 8. For any retail licensee to purchase spir­ or to transport spirituous liquor which is 9. “ Public places” means any house, build­ manufactured in a distillery, winery, brewery, ing, outhouse or enclosures in which a still ituous liquors from any person other than a licensed solicitor or salesman of a wholesaler or rectifying plant contrary to the laws of the or distilling apparatus is operated, or in United States and this State. ¡which any still, distilling apparatus or spirit­ licensed in this State.

FEDERAL REGISTER, VOL. 38, NO . 25— WEDNESDAY, FEBRUARY 7, 1973 NOTICES 3531

22. For a licensee, employee, or other per­ 5. Tribal wholesaler’s license to sell wine importer and wholesaler within the exterior son to sell or offer to sell, directly or indi­ and beer—$100. boundaries of the Fort Apache Indian Res­ rectly, or to sanction the sale on credit’ of 6. Tribal on-sale retailer’s license to sell ervation shall register with the Superinten­ spirituous liquor, or to give, rent, or advance all spirituous liquors by individual portions dent of the Fort Apache Indian Agency, each money or anything of value to any person for and in the original containers—$100. salesman or solicitor through whom he op­ the purpose of purchasing or bartering, spir­ 7. Tribal on-sale retailer’s license to sell erates or conducts sales. Upon the termina­ ituous liquor. wine and beer by individual portions and tion of the employment of a salesman or 23. For a person under 19 years of age in the original containers—$50. solicitor, the employer shall promptly notify to offer or present to a license, employee, or 8. Tribal on-sale retailer’s license to sell the said Superintendent and return the other person a fraudulent or false certificate beer by individual portions and in the origi­ credentials issued to the salesman or of birth or other written evidence of age nal containers—$50. solicitor. which is not actually his own, or to other­ 9. Tribal off-sale retailer’s license to sell S ec. VIII. Exemptions. The provisions of wise misrepresent his age, for the purpose all spirituous liquors— $100. this ordinance shall not apply to drugstores of inducing the licensee or employee to sell, 10. Tribal off-sale retailer’s license to sell selling spirituous liquors only upon prescrip­ give, serve, or furnish spirituous liquor, wine and beer— $50. tion or to ethyl alcohol intended for use or contrary to law. 11. Tribal off-sale retailer’s license to sell used for the following purposes: 24. To influence or attempt to influence beer— $50. 1. Scientific, chemical, mechanical, in­ the sale, giving, or serving of spirituous 12. Tribal club license issued in the name dustrial, and medicinal purposes. liquor to a person under 19 years of age of a bona fide club qualified under this 2. Use by those authorized to procure by misrepresenting the age of such person ordinance to sell all liquors on-sale— $100. spirituous liquor or ethyl alcohol tax-free, as or to order, request, receive, or procure spirit­ C. If application for a license is made on provided by the acts of Congress and regula­ uous liquor from any licensee, employee, or after July 1 in any year, one-half of the tions promulgated thereunder. or other person for the purpose of selling, annual license fee shall be charged. 3. In the manufacture of denatured giving, or serving it to a person under 19 D. The annual fees for tribal licenses shall alcohol produced and used as provided by years of age. b e : the acts of Congress and regulations promul­ 25. For any person to consume any intoxi­ 1. Tribal distiller’s license— $350. gated thereunder. cating liquors within 300 feet of a public 2. Tribal brewer’s license— $350. 4. In the manufacture of patented, patent, or parochial school or church building in 3. Tribal winer’s license— $150. proprietary, medicinal, pharmaceutical, anti­ which services are regularly conducted, ex­ 4. Tribal wholesaler’s license to sell all septic, toilet, scientific, chemical, mechani­ cept and unless the consumption occurs in ’ spirituous liquors— $250. cal and industrial preparations or products, the person’s residence. 5. Tribal wholesaler’s license to sell wine unfit and not used for beverage purposes. and beer—$100. A r t ic l e in . L ic e n se s 5. In the manufacture of flavoring ex­ 6. Tribal on-sale retailer’s license to sell all tracts and syrups unfit for beverage purposes. S e c t io n I, The White Mountain Apache spirituous liquors by individual portions and Tribal Court of the White Mountain Apache in the original containers— $150. A rtic le IV: V io l a t io n s ; P e n a l t ie s ; Tribe, Ariz., shall have Jurisdiction over all 7. Tribal on-sale retailer’s license to sell J urisdiction offenses and unlawful acts enumerated in wine and beer by individual portions and S e c t io n I. A. Any Indian person found this ordinance when committed by an in the original containers—$75. 8. Tribal on-sale retailer’s license to sell/ guilty of violating any of the offenses or un­ Indian. lawful acts enumerated in this ordinance Sec. n . Any person desiring a tribal license beer by individual portions and in the original containers—$25. shall be punished by a fine of not less than to manufacture, sell, or deal in spirituous ten dollars ($10) nor more than three hun­ liquors within the exterior boundaries of the 9. Tribal off-sale retailer’s license to sell all spirituous liquors—$50. dred dollars ($300) or by imprisonment in Fort Apache Indian Reservation shall first the tribal jail for not less than 10 days nor secure a Federal license to trade with the 10. Tribal off-sale retailer’s license to sell wine and beer— $50. more than 6 months or both. Indians, and shall then make application B. Any non-Indian1 licensee violating any for said tribal license to the White Mountain 11. Tribal off-sale retailer’s license to sell beer— $25. provision of this ordinance shall in addition Apache Tribal Council, and the Council to the penalty prescribed by the laws of the shall either deny said application or, subject 12. Tribal club license issued in the name of bona fide club qualified under this ordi­ State of Arizona have his license suspended to the applicant furnishing to the Council or revoked by the Tribal Council. ' a valid license of the same type he is making nance to sell all liquors on-sale—$150. application for from the Superintendent of E. Where the business of an on-sale retail S e c . II. All licensees shall comply with the the Department of Liquor Licenses and Con­ license is seasonal, not extending over pe­ laws of the United States and the State of trol of the State of Arizona, approve the riods of more than 6 months in any calendar Arizona governing the manufacture and sale application, and the Secretary of the White year, he may designate the periods of his of spirituous liquor and, if the State Depart­ Mountain Apache Tribal Council shall cer­ operation, and a license may be granted for ment of Liquor Licenses and Control sus­ tify such approval to the Treasurer who, those periods only, upon payment of one- pends or revokes said license the tribal upon the payment by the applicant of the half the fee prescribed in subsection D. license will automatically be suspended or fee herein prescribed, shall issue the license. F. Transfer fees from person to person shall revoked. be: A rtic le V Sec. III. The license shall be to manufac­ 1. Tribal distiller’s license— $350. ture, sell, or deal in spirituous liquors only 2. Tribal brewer’s license— $350. S e c t io n I. The introduction, sale or posses­ at the place and in the manner provided 3. Tribal winer’s license— $150. sion of intoxicating beverages or spirituous liquors shall hereafter be lawful within the therein, and a separate license shall be is­ 4. Tribal wholesaler’s license to sell all sued for each specific business, each license spirituous liquors— $250. exterior boundaries of the Fort Apache In­ specifying: 5. Tribal wholesaler’s license to sell wine dian Reservation provided that such intro­ 1. The particular spirituous liquors which and beer—$100. duction, sale or possession is in conformity the licensee is authorized to manufacture, with this ordinance and with the laws of the 6. Tribal on-sale retailer’s license to sell State of Arizona. sell, or deal in. all spirituous liquors by individual portions 2. The place of business for which issued. and in the original containers—$150. S e c . II. All resolutions and ordinances, in­ 3. The purpose for which the liquors may 7. Tribal on-sale retailer’s license to sell cluding but not restricted to section 31, be manufactured or sold. wine and beer by individual portions and in Chapter 5 of Ordinance No. 5 of the Law and the original containers—$75. Order Code of the White Mountain Apache S e c . IV. No tribal licenses shall be trans­ Tribe, Arizona, heretofore enacted prohibi­ ferred without the prior written permission 8. Tribal on-sale retailer’s license to sell beer by individual portions and in the origi­ ting the sale, introduction or possession of of the White Mountain Apache Tribal intoxicating beverages on the Fort Apache Council first hand. nal container—$25. 9. Tribal off-sale retailer’s license to sell Indian Reservation are hereby repealed and S e c . V. A. A fee shall accompany an ap­ all spirituous liquors—$50. abrogated. plication for a tribal license or transfer of 10. Tribal off-sale retailer’s license to sell Be it further enacted that this ordinance a tribal license, or in case of renewal shall wine and beer—$50. may be hereafter amended by resolution of be paid in advance. Every license shall expire the Tribal Council and approval of same by December 31 of each year. An application for 11. Tribal off-sale retailer’s license to sell beer— $25. the Secretary of the Interior or his authorized an original license shall be returned to the representative. applicant if the application is denied. G. Transfer fees from place to place shall be $25. Be it further enacted that Ordinance No. B. Application fees for original tribal li­ 26 and all amendments thereto are hereby cense shall be: Se c . VI. Disposition of fees and fines. A ll rescinded. license fees received and all money fines im­ 1. Tribal distiller’s license—$100. W illiam L. R ogers, 2. Tribal brewer’s license—$100. posed pursuant to this ordinance shall be deposited in the individual Indian moneys Deputy Assistant Secretary 3. Tribal winer’s license—$100. account of the Fort Apache Agency. of the Interior. 4. Tribal wholesaler’s license to sell all S e c . VII. Registration of salesmen or solici­ F ebruary 1, 1973. spirituous liquors—$100. to r s . Every manufacturer, distiller, producer, [FR Doc.73-2297 Filed 2-6-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3532 NOTICES

Bureau of Land Management and that such services are not needed Copies of the environmental statement have been sent to various Federal, State, [M 24342: Group 105] in the Guymon area. The other two com­ ments supported the application. One of and local agencies as outlined in the MINNESOTA the two supporting comments repre­ Council on Environmental Quality sented 15 interested parties, most of Guidelines. Notice of Filing of Plat of Survey whom are cattle feeders in the Guymon Philip L. T hornton, January 30, 1973. area. The cattle feeders consider that Deputy Chief, Forest Service. 1. The plat of survey of an omitted, official inspection services in the Guy­ January 31,1973. mon area are critical to their day-to-day island in Willmar Lake, described below, [FR Doc.73-2348 Filed 2-6-73;8:45 am] accepted December 29, 1972, will be of­ business. ficially filed in this office effective at 10 After due consideration of all submis­ a.m., on March 9,1973. sions made pursuant to the notice of Office of the Secretary M in n e s o t a October 25, 1972, and all other relevant AGRICULTURAL RESEARCH POLICY AD­ matters, the Guymon Grain Exchange, VISORY COMMITTEE AND ITS SUBCOM­ f if t h p r in c ip a l m e r id ia n Inc. is hereby designated as the official MITTEE ON AGRICULTURAL RESEARCH T. 119 N., R. 35 W. grain inspection agency at Guymon, PROGRAMS AND FACILITIES Sec. 11, Tract 37 (Robbins Island) Okla. Notice of Public Meetings The area described contains 40.10 (Secs. 3 and 7, 39 Stat. 482, as amended 82 Pursuant to the Federal Advisory Com­ acres. Stat. 762 and 764; 7 U.S.C. 75 (m) and 79(f); 2. The character of this island and the 37 FR 28464 and 28476) mittee Act, Public Law 92-463, notice is hereby given of a meeting of the Agri­ timber growth thereon indicates its ex­ Effective date. This notice shall be­ istence when Minnesota was admitted to come effective March 9, 1973. cultural Research Policy Advisory Com­ mittee at 9 am. on February 20 and 21 the Union and at the time of the original Done in Washington, D.C., on Feb­ in Room 218—A of the Administration survey. It is, therefore, determined to be ruary 1, 1973. public domain. The island is upland in Building, U.S. Department of Agricul­ E. L. P eterson, ture, and of a meeting of this Commit­ character within the meaning of the Administrator, tee’s Subcommittee on Agricultural Re­ Swamp-land Act. .Agricultural Marketing Service. 3. The survey was accomplished to search Programs and Facilities on Feb­ [FR Doc.73-2387 Filed 2-6-73;8:45 am] ruary 15,1973, in Room 3115 of the South legalize occupancy and has been classi­ Building, U.S. Department of Agricul­ fied as suitable for sale to the City of ture. These meetings will be open to the Willmar, Minn, under the provisions of Forest Service the Recreation and Public Purposes Act public. of June 14,1926; 43 U.S.C. 869-869.4. The. BRUSHLAND MANAGEMENT, CALIF. The names of the members of the island will not be open to any other ap­ Notice of Availability of Final Committee and the Subcommittee, agenda, summary of the meetings and plications for use or disposition under Environmental Statement the public land laws. other information pertaining to the 4. All inquiries relating to this island Pursuant to section 102(2) (C) of the meetings may be obtained from Dr. Lloyd should be sent to Chief, Division of Man­ National Environmental Policy Act of H. Davis, Director of Science and Educa­ agement Services, Bureau of Land Man­ 1969, the Forest Service, Department of tion Staff, Room 307-A, Administration agement, Billings, Mont. 59101. Agriculture, has prepared a final environ­ Building, U.S. Department of Agri­ mental statement for brushland manage­ culture, Washington, D.C. Telephone Larry O. K och, ment on National Forest Lands in Cali­ 447-7738. Acting Chief, Branch of Records fornia, U SDA-FS-FES ( Adm ) 72-33. N. P. R alston, and Data Management. The environmental statement concerns Acting Director, [FR Doc.73-2355 Filed 2-6-73:8:45 am] a proposal to modify brushland where Science and Education. the potential exists for management and February 1,1973. DEPARTMENT OF AGRICULTURE production of increased benefits. A new [FR Doc.73-2349 Filed 2-6-73;8:45 am] plant cover—usually grass or grass and Agricultural Marketing Service forbs—will be established on selected GRAIN INSPECTION sites within various brush or woodland Soil Conservation Service Guymon, Okla., Inspection Point associations. This final environmental statement SHORT CREEK WATERSHED PROJECT, KY. Statement of considerations. On Oc­ was filed with CEQ on January 19, 1973. Notice of Availability of Draft tober 25, 1972, there was published in the Copies are available for inspection dur­ Environmental Statement F ederal R egister (37 FR 22814) a notice announcing the application of the Guy­ ing regular working hours at the follow­ Pursuant to section 102(2) (C) of the mon Grain Exchange, Inc., Guymon, ing locations; National Environmental Policy Act of Okla., for designation to operate an offi­ USDA, Forest Service, South Agriculture 1969, the Soil Conservation Service, U.S. cial grain inspection agency, as defined Building, Room 3230, 14th Street and In­ Department of Agriculture, has prepared in section 3(m) of the U.S. Grain Stand­ dependence Avenue SW., Washington, D.C. a draft environmental statement for ards Act (sec. 3, 39 Stat. 482, as amended 20250. Short Creek Watershed project, Gray­ USDA, Forest Service, California Region, 630 son County, Ky., USDA-SCS-ES-WS- 82 Stat. 762; 7 U.S.C. 75(m)), at Guy­ Sansome Street, San Francisco. CA 94111., mon, Okla. AU California National Forests, Forest Super­ (ADM)-73-43-(D). Other interested persons and members visor’s Office The environmental statement con­ of the grain industry were given until cerns a plan for watershed protection A limited number of single copies are and flood prevention. The planned works November 24, 1972, to submit written available upon request to Douglas R. data, views, or arguments and to make of improvement include conservation Leisz, Regional Forester, U.S. Forest land treatment, supplemented by three application for designation. Service, 630 Sansome Street, San Fran­ floodwater retarding structures and 4y2 Three comments were received. One cisco, CA 94111. miles of channel modification. comment protested the designation of Copies are also available from the Na- This draft environmental statement the Guymon Grain Exchange, Inc. as the . tional Technical Information Service, was transmitted to CEQ on January 18, official inspection agency at Guymon, U.S. Department of Commerce, Spring-, based in part on the contention that field, Va. 22151. Please refer to the name 1973. Copies are available during regular official inspection services are available and number of the environmental state­ working hours at the following locations : at Amarillo, Tex., and Dodge City, Kans., ment above when ordering.

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 NOTICES 3533

Soil Conservation Service, USDA, South Agri­ dence as may be available before making and requests for licensing information culture Building, Boom 5227, 14th Street a determination that the contemplated should be directed to the “assignee” as and Independence Avenue SW., Washing­ operation of the vessel will or will not indicated on the copy of the patent. ton, D.C.20250. cause such economic hardship or injury. Soil Conservation Service, USDA, 333 Waller D ouglas J. Campion, Avenue, Lexington, KY 40504. R obert W . Schoning, Patent Program Coordinator, Copies are also available from the Na­ Acting Director. National Technical Informa­ tional Technical Information Service, {FR Doc.73-2298 Filed 2-6-73;8:45 am] tion Service. U.S. Department of'Commerce, Spring- U .S. A t o m ic E n e r g y C o m m is s io n field, Va. 22151. Please use name and [Docket No. S-600] Patent-3 632 520, Radioisotope fuel, filed number of statement above when order­ January 4, 1968, Patented June 4, 1972, ing. The estimated cost is $3.25. DALE S. BEASLEY AND EDITH M. BEASLEY Not available NTIS. Copies of the draft environmental Patent—3 633 888, Concentric fluidized beds, statement have been sent for comment Notice of Loan Application Filed February 19, 1970, Patented Janu­ to various Federal, State, and local agen­ January 31,1973. ary 11, 1972, Not available NTIS. cies as outlined in the Council on En­ Patent—3 634 558, Method of producing mono- Dale S. Beasley and Editih M. Beasley, disperse silica spheres having a dispersed vironmental Quality Guidelines. Com­ Box 461, Ilwaco, WA 98624, have applied radioactive tracer, Filed October 20, 1968, ments are also invited froih others for a loan from the fisheries loan fund Patented January 11, 1972, Not available having knowledge of or special expertise to aid in financing the purchase of a NTIS. on environmental impacts. used wood vessel, about 37 feet in length, Patent—3 634 563, Method for the manufac­ Comments concerning the proposed to engage in the fishery for salmon and ture of inorganic thermal insulation, Filed action or request for additional informa­ albacore off the coasts of Washington, March 13, 1970, Patented January 11, 1972. tion should be addressed to Glen E. Oregon, and California. Not available NTIS. Murray, State Conservationist, Soil Con­ Patent-3 634 731, Generalized circuit, Filed Notice is hereby given, pursuant to the August 6, 1970, Patented January 11, 1972, servation Service, 333 Waller Avenue, provisions of 16 U.S.C. 742c, fisheries Not available NTIS. Lexington, KY 40504. loan fund procedures (50 CFR Part 250, Patent—3 638 020, Mineral-detection appa­ Comments must be received within 60 as revised), and Reorganization Plan No. ratus, Filed May 26, 1970, Patented Janu­ days of the date the statement was 4 of 1970, that the above entitled applica­ ary 25, 1972, Not available NTIS. transmitted to CEQ in order to be con­ tion is being considered by the National Patent—3 638 127, Stabilization system for sidered in the preparation of the final resonant cavity excitation, Filed Janu­ Marine Fisheries Service, National Oce­ ary 29, 1970, Patented January 25, 1972, environmental statement. anic and Atmospheric Administration, Not available NTIS. W illiam B. D avey, Department of Commerce, Washington, Patent-3 640 805, Removal of nitrate con­ Deputy Administrator for Wa­ D.C. 20235. Any person desiring to submit tamination from nickel-plating solutions, tersheds, Soil Conservation evidence that the contemplated opera­ Filed June 13, 1969, Patented February 8, 1972, Not available NTIS. Service. tion of such vessel will cause economic hardship or injury to efficient vessel op­ Patent-3 644 821, Capacitance method and F ebruary 1,1973. erators already operating in that fishery apparatus for detecting an interface be­ tween electrically conductive immiscible [FR Doc.73-2350 Filed 2-6-73;8:45 am] must submit such evidence in writing to liquids, Filed January 14, 1969, Patented the Director, National Marine Fisheries February 22, 1972, Not available NTIS. DEPARTMENT OF COMMERCE Service, on or before March 9, 1973. If such evidence is received it will be evalu­ N a t io n a l A e r o n a u t ic s a n d S pace National Oceanic and Atmospheric ated along with such other evidence as A dministration Administration may be available before making a deter­ Pat-Appl-186700, Automatic vehicle location [Docket No. S-599] mination that the contemplated opera­ system, Filed October 5, 1971, PC$3 75/ tion of the vessel will or will not cause MF$0.95. ROBERT W. LEPPALUOTO Pat-Appl-297127, Differential phase shift such economic hardship or injury. keyed signal resolver, Filed October 12 Notice of Loan Application R obert W . S choning, 1972, PC$3.25/MF$0.95. J anuary 31, 1973. Acting Director. Pat-Appl-244566, Star tracking reticles proc­ ess for the production thereof, Filed Robert W. Leppaluoto, 417 Santa Fe [FR Doc.73-2299 Filed 2-6-73;8:45 am] April 17, 1972, PC$3.25/MF$0.95. Drive, Vancouver, WA 98661, has applied Pat—Appl—288847, Electric field measuring for a loan from the fisheries loan fund and display system, Filed September 13 to aid in financing the purchase of a National Technical Information Service 1972, PC$3.00/MF$0.95. new Fiberglas vessel, about 45 feet in GOVERNMENT-OWNED INVENTIONS Pat—Appl—292682, Automatic lightning de­ tection and photographic system, Filed length, to engage in the fishery for Dun- Notice of Availability for Licensing geness crab, salmon and tuna off the September 27, 1972, PC$3.00/MF$0.95. coasts of California, Oregon, and Wash­ The inventions listed below are owned [FR Doc.73-2178 Filed 2-6-73;8:45 am] ' ington. by the U.S. Government and are avail­ able for licensing in accordance with the Notice is hereby given, pursuant to the GSA Patent Licensing Regulations. Advisory Council for Minority Enterprise provisions of 16 U.S.C. 742c, fisheries loan fund procedures (50 CFR Part 250, as Copies of patent applications, either BUSINESS OPPORTUNITIES COMMITTEE paper copy (PC) or microfiche (MF), revised), and Reorganization Plan No. 4 Notice of Public Meeting of 1970, that the above entitled appli­ can be purchased from thq National cation is being considered by the Na­ Technical Information Service (NTIS), Pursuant to the provisions of the Fed­ tional Marine Fisheries Service, National Springfield, Va. 22151, at the prices cited. eral Advisory Committee Act of October Oceanic and Atmospheric Administra­ Requests for copies of patent applica­ 6, 1972 (Public Law 92-463, 86 Stat. 770- tion, Department of Commerce, Wash­ tions must include the PAT-APPL num­ 776) notice is hereby given that a public ington, D.C. 20235. Any person desiring ber and the title. Inquiries and requests meeting of the Business Opportunities to submit evidence that the contemplated for licensing information should be di­ Committee of the Advisory Council for operation of such vessel will cause eco­ rected to the address cited on the first Minority Enterprise will be held on Feb­ nomic hardship or injury to efficient ves­ page of each copy of the patent applica­ ruary 15, 1973 in Room 1851 of the U.S. sel operators already operating in that tion. fishery must submit such evidence in Department of Commerce, 14th and Con­ writing to the Director, National Marine Paper copies of patents cannot be pur­ stitution Avenue NW., Washington, D.C. Fisheries Service, on or before March 7, chased from NTIS but are available from The meeting will convene at 10 a.m. and 1973. If such evidence is received it will the Commissioner Of Patents, Washing­ will be oçen to the public. Any member be evaluated along with* such other evi­ ton,- D.C. 20231, at $0.50 each. Inquiries of the public who wishes to do so may

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3534 NOTICES file a written statement with the Com­ tained in the new drug application or not will rescind this notice of opportunity for mittee, before or after the meeting. Such available to him until after the applica­ hearing. statements may be filed at 1000 Vermont tion was approved, evaluated together If review of the data in the applica­ Avenue, Washington, DC (202—697- with the evidence available to him when 3922). Interested persons may make oral tion (s) and data submitted by the appli­ the application was approved, reveals cant (s) or any other interested person statements at the meeting to the extent that the drug is not shown to be safe for that the time available for the meeting in a request for a hearing, together with use under the conditions of use upon the the reasoning and factual analysis in a permits. basis of which the application was The purpose of the meeting is to de­ request for a hearing, warrants the con­ approved. clusion that no genuine and substantial velop a plan of action for the forthcom­ All identical, related, or similar prod­ ing year based on responses to inquiries issue of fact precludes the withdrawal ucts, not the subject of an approved new of approval of the application(s), the mailed to the members by the Chairman, drug application, are covered by the new and to review the results of the Executive Commissioner will enter an order of drug application (s) reviewed. See 21 CFR withdrawal making findings and con­ Committee meeting held January 24, 130.40 (37 FR 23185, October 31, 1972). clusions on such data. 1973. Any manufacturer or distributor of such If, upon the request of the new drug Dated: February 2,1973. an identical, related, or similar product is an interested person who may in re­ applicant (s) or any other interested J ohn T opping, sponse to this notice submit data and in­ person, a hearing is justified, the issues - Staff Director, Advisory Council formation, request that the new drug will be defined, a hearing examiner will for Minority Enterprise. application (s) not be withdrawn, request be named, and he shall issue, as soon as [FR Doc.73-2386 Filed 2-6-73;8:45 am] a hearing, and participate as a party in practicable after March 9, 1973, a writ­ any hearing. Any person who wishes to ten notice of the time and place at which determine whether a specific product is the hearing will commence. All persons DEPARTMENT OF HEALTH, covered by this notice should write to the interested in identical, related, or simi­ EDUCATION, AND WELFARE Food and Drug Administration, Bureau lar products covered by the new drug application(s) will be afforded an op­ Food and Drug Administration of Drugs, Office of Compliance (BD-300), 5600 Fishers Lane, Rockville, Md. 20852. portunity to appear at the hearing, file [DESI 12872; Docket No. FDC-D-572; NDA In accordance with the provisions of briefs, present evidence, cross-examine 12-872] section 505 of the Act (21 U.S.C. 355) and witnesses, submit suggested findings of COMBINATION DRUG CONTAINING NOR- the regulations promulgated thereunder fact, and otherwise participate as a ETHINDRONE ACETATE AND ETHINYL (21 CFR Part 130), the Commissioner party. The hearing contemplated by this ESTRADIOL hereby gives the applicant(s) and any notice will be open to the public except Notice of Opportunity for Hearing on Pro­ other interested person an opportunity that any portion of the hearing that posal To Withdraw Approval of New Drug for a hearing to show why approval of concerns a method or process the Com­ Application; Drugs for Human Use; Drug the new drug application (s) should not missioner finds entitled to protection as Efficacy Study Implementation be withdrawn. a trade secret will not be open to the On or before March 9, 1973, the appli­ public, unless the respondent specifies The Food and Drug Administration otherwise in his appearance. has evaluated a report received from the cant (s) and any other interested person National Academy of Sciences-National is required to file with the Hearing Clerk, Requests for a hearing and/or elec­ Research Council, Drug Efficacy Study Department of Health, Education, and tions not to request a hearing may be Group, on the following drug for oral Welfare, Room 6-88, 5600 Fishers Lane, seen in the Office of the Hearing Clerk administration as a presumptive test for Rockville, Md. 20852, a written appear­ (address given above) during regular pregnancy : ance electing whether or not to avail business hours, Monday through Friday. himself of the opportunity for a hearing. Gestest tablets containing norethin- This notice is issued pursuant to pro­ Failure of an applicant or any other in­ visions of the Federal Food, Drug, and drone acetate and ethinyl estradiol; E. R. terested person to file a written appear­ Squibb and Sons Inc., Georges Road, Cosmetip Act (sec. 505, 52 Stat. 1052-53, ance of election on or before March 9, as amended; 21 U.S.C. 355), and the Ad­ New Brunswick, N.J. 08903 (NDA 1973, will constitute an election by him 12-872). ministrative Procedure Act (5 U.S.C. not to avail himself of the opportunity 554), and under authority delegated to The National Academy of Sciences- for a hearing. the Commissioner (21 CFR 2.120). National Research Council, Drug Efficacy If no person elects to avail himself of Study Group evaluated this drug and the opportunity for a hearing, the Com­ Dated: February 1, 1973. found it effective for oral use as a pre­ missioner without further notice will S am D. F ine, sumptive test of pregnancy. enter a final order withdrawing approval Associate Commissioner The Food and Drug Administration of the application(s). for Compliance. has considered the Academy’s report, as If an applicant or any other interested well as other available evidence, and person elects to avail himself of the op­ [FR Doc.73-2310 Filed 2-6-73;8:45 am] finds that although this drug is effective portunity for a hearing, he must file, on for its labeled indication, the diagnostic or before March 9, 1973,- a written ap­ [DESI 10296; Docket No. FDC-D-523; NDA benefits do not outweigh the potential pearance requesting the hearing, giving 10-296] dangers from the drug in the presence the reasons why approval of the new drug of pregnancy. In view of the potential application (s) should not be withdrawn, ELI LILLY AND CO. danger, and the availability of a number together with a well-organized and full- Combination Drug Containing Diethylstil- of very accurate chemical tests to detect factual analysis of the clinical and other bestrol, Methyltestosterone and Reser- pregnancy, the Food and Drug Adminis­ investigational data he is prepared to plne for Oral Use; Notice of Withdrawal tration concludes that proof of the drug’s prove in support of his opposition. A re­ of Approval of New Drug Application safety is lacking. quest for a hearing may not rest upon On November 15, 1972, there was pub­ Therefore, notice is given to the mere allegations or denials, but must set lished in the F ederal R egister (37 FR holder (s) of the new drug application(s) forth specific facts showing that a gen­ 24204) a notice of opportunity for hear­ and to any other interested person that uine and substantial issue of fact requires ing (DESI 10296) in which the Com­ the Commissioner proposes to issue an a hearing (21 CFR 130.14(b)). missioner of Food and Drugs proposed order under section 505(e) of the Federal If review of the data submitted by the to issue “an order under section 505 (e) of Food, Drug, and Cosmetic Act (21 U.S.C. applicant or any other interested per­ the Federal Food, Drug, and Cosmetic 355(e)) withdrawing approval of the son warrants the conclusion that the Act (21 U.S.C. 355(e)) withdrawing ap­ listed new drug application (s) and all drug is safe for use under the conditions amendments and supplements thereto on of use prescribed, recommended, or sug­ proval of the new drug application for the grounds that new evidence, *iot con­ gested in its labeling, the Commissioner the following drug:

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 NOTICES 3535

NDA 10-296; Tylandril tablets con­ Neither the American Cyanamid Co. and staff offices, regional offices, and field taining diethylstilbestrol, methyltestos- nor any other interested persons have installations, other Federal departments terone, and reserpine; Eli Lilly and Co., filed a written appearance in response to and agencies, project representatives, Post Office Box 618, Indianapolis, IN the above-cited notice. This constitutes and the general public as may be neces­ 46206. an election by said firm not to avail sary to carry out the mission of FECA. All identical, related, or similar prod­ themselves of the opportunity for a 3. Establishing and administering a ucts, not the subject of an approved new hearing. Department program to provide national drug application, are covered by the new Therefore, based on the grounds set leadership for innovative methodology, drug application reviewed and are sub­ forth in said notice of opportunity for technology, and cost effectiveness in fa­ ject to this notice. See 21 CFR 130.40 (37 a hearing, the Commissioner concludes cility planning, design, and construction. FR 23185, October 31, 1972), Any per­ that approval of the above named new 4. Developing architectural/engineer- son who wishes to determine whether a animal drug application should be with­ ing design- and construction-related specific product is covered by this notice drawn. Therefore, pursuant to provisions technical standards and criteria for the should write to the Food and Drug Ad­ of the Federal Food, Drugs, and Cosmetic Department direct Federal special- ministration, Bureau of Drugs, Office of Act (sec. 512, 82 Stat. 343-351; 21 U.S.C. purpose construction activity and, simi­ Compliance (BD-300), 5600 Fishers 360b) and under authority delegated to larly, guides for the Federally assisted Lane, Rockville, Md. 20852. the Commissioner (21 CFR 2.120), ap­ construction activity. Neither Eli Lilly nor any other inter­ proval of NADA No. 6-888V, including 5. Developing in conjunction with De­ ested person has filed a written ap­ all amendments and supplements thereto, partment operating agencies and staff pearance of election as provided -by said is hereby withdrawn effective on March 9, offices, national annual and long-range notice. The failure to file such an ap­ 1973. programs for the acquisition, construc­ pearance constitutes an election by such Dated: January 29,1973. tion, utilization, operations and mainte­ persons not to avail themselves of the nance, repair and improvement, and dis­ opportunity for a hearing. Sam D. Fine, posal of Department real property, with Associate Commissioner the exception of school facilities under The Commissioner of Food and Drugs, for Compliance. pursuant to the provisions of the Federal sections 9 and 10, Public Law 81-815. (As Food, Drug, and Cosmetic Act (sec. 505, [FR Doc.73-2312 Filed 2-6-73;8:45 am] used in this statement, Department real 52 Stat. 1053, as amended; 21 U.S.C. property includes property owner by the 355), and the Administrative Procedure Government as well as property which is [DESI 4687; Docket No. FDC-D-503; NDA leased or assigned for Government use.) Act (5 U.S.C. 554), and under authority No. 4-687, etc.] delegated to him (21 CFR 2.120), finds 6. Technical surveillance and perform* that on the basis of new information MERCK, SHARP & DOHME AND MERRELL- ance evaluation of all aspects of facility before him with respect to the drug, NATIONAL LABORATORIES engineering functions, including all ar- chitectural/engineering services and evaluated together 'with the evidence Certain Preparations Containing Polyamine available to him when the application Methylene Resin, Aluminum Sodium Sili­ plant operations assigned to Department was approved, there is a lack of sub­ cate and Aluminum Magnesium Silicate; operating agencies and staff offices, with stantial evidence that the drug will have Succinylsuifathiazole, Kaolin and Pectin; respect to responsibilities, efficiency of the effect it purports or is represented Withdrawal of Approval of New Drug operations, and utilization of manpower to have under the conditions of use pre­ Applications and other resources. 7. Providing supervision of architec- scribed, recommended, or suggested in Correction the labeling thereof. tural/engineering design and related Therefore, pursuant to the foregoing In FR Doc. 72-22092, appearing on construction services for the Department page 28526, in the issue of Wednesday, direct Federal special-purpose construc­ findings, approval of new drug applica­ tion activity. tion 10-296 and all amendments and December 27, 1972, in the table in the supplements applying thereto is with­ second column, the first word “Resin”, 8. Development and execution of in the second entry under the heading DHEW policies and procedures for facili­ drawn effective on February 1, 1973. ties related matters. Shipment in interstate commerce of the “Drug”, should read “Resion”. above-listed drug product or of any 9. Providing contracting services for the Department direct Federal special- identical, related, or similar product, not Office of the Secretary purpose construction and real property the subject of an approved new drug ap­ activities. plication, is henceforth unlawful. OFFICE OF THE ASSISTANT SECRETARY S ec. 1T02.1Q Organization. FECA, un­ Dated: February 1, 1973. FOR ADMINISTRATION AND MANAGE­ MENT* der the supervision of the Director, who Sam D.-Fjne, reports directly to the Assistant Sec­ ' Associate Commissioner Facilities Engineering and Construction retary for Administration and Manage­ for Compliance. Agency; Statement of Organization, ment, consists of: Functions, and Delegations of Authority [FR Doc.73-2311 Filed 2-6-73:8:45 am] Office of the Director: Part 1 of the statement of organiza­ Policy Development Staff. Administrative Staff. [Docket No. FDC-D-477; NADA 6-888V] tion, functions, and delegations of au­ Metropolitan Engineering Staff. thority for the Department of Health, Office of Planning and Development : MEGASUL (NITROPHENIDE) PREMIX Education, and Welfare is amended to Division of Facility Engineering Planning. 25 PERCENT add a new section (1T02). This new sec­ Division of Facility Engineering Develop­ Notice of Withdrawal of Approval of New tion supersedes 2-002.10, 2-002.20 and 2- ment. Animal Drug Application 002.30 (35 FR 8455) as follows: Office of Federally Assisted Construction: Sec. 1T02.00 Mission. The mission of Division of Management Information. In the F ederal R egister of December 1, FECA, to be performed in cooperation Division of Operations. 1972 (37 FR 25560), the Commissioner of Office of Architectural and Engineering Serv­ with the various Department operating ices: Food and Drugs published a notice pro­ agencies and staff offices, includes: posing to withdraw approval of new Division of Design Management. T. Providing architectural/engineer- Division of Architecture. animal drug application (NADA) No. ing services to Department operating Division of Engineering. 6—888V for Megasul (Nitrophenide) agencies and staff offices in support of the Office of Facilities Operations and Mainte- ! Premix 25 percent; marketed by the federally assisted construction activity. nance: 1 American Cyanamid Co., Post Office Box 2. Establishing and maintaining liai­ Division of Plant Management. 400, Princeton, NJ 08540. Division of Real Property. son with Department operating agencies Division of Space Management.

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3536 NOTICES

Sec. 1T02.20 Headquarters functions. tion, and services for headquarters fa­ b. Analyzing reporting systems to de­ A. Office of the Director. The "Office of cilities in the Washington-Baltimore velop feedback information to FECA the Director (FECA) shall be responsi­ metropolitan area; managing and dis­ architectural/engineering staffs which ble for: tributing bulk parking space within the will enable evaluation of project progress 1. Office of the Director, a. Adminis­ Southwest area complex; developing cost statistics and other necessary engi­ tration and supervision of all FECA ac­ policy on building equipment operation neering management information. tivities and personnel resources. and liaison with GSA for maintenance 2. Division of operations, a. Providing b. Review of operating agency and staff and operation of building utilities and direction and supervision to the regional office architectural and engineering man­ equipment and cleaning and custodial facilities engineering and construction power budgetary requirements for. rec­ services for headquarters facilities in staffs in support of the federally assisted ommendations to the Office of the Sec­ the Washington-Baltimore metropolitan construction activity. retary in relation to the Department’s area; and providing liaison with GSA b. Developing policies and procedures manpower utilization program. for building services to concessionaires, for guidance of regional facilities engi­ c. In conjunction with Department op­ credit unions, and employee associations neering and construction staff. erating agencies and staff offices, jus­ in the headquarters facilities in c. Evaluating architectural engineer­ tifying the architectural engineering and the Washington-Baltimore metropolitan ing performances rendered in support of related technical aspects of annual area. the federally assisted construction ac­ budget submittals for the acquisition, B. Office of Planning and Development. tivity. construction, utilization, operation and The Office of Planning and Development d. Coordinating with the Office of Ar­ maintenance, repair and improvement, shall be responsible for: chitectural and Engineering Services and disposal of Department facilities 1. Division of Facility Engineering (FECA) and operating agencies and staff before the Office of Management and Planning, a. Developing, publishing, and offices, the development of guides and Budget and Congress. managing policies and procedures for other informational data for use by proj­ 2. Policy Development Staff, a. Defin­ translating long-range program plans ect applicants, architects/engineers, and ing and implementing policies and pro­ into Federal facility requirements with contractors. cedures, and coordinating their develop­ necessary and appropriate budgetary e. Carrying out a continuing program ment with the various Department oper­ documentation, for DHEW involvement for the monitoring of project design de­ ating agencies and staff offices, and other in facility comprehensive planning. velopment and construction progress. Federal departments and agencies. b. Providing facility enginerineg and f . Maintaining liaison with Department b. Advising the Director on congres­ comprehensive planning consulting serv­ operating agencies, staff officers, and re­ sional inquiries and other legislative mat­ ices to elements of DHEW, and as appro­ gional offices. ters affecting FECA. priate, to other Federal departments, g. Coordinating, with the Office for c. Serving as the focal point within public bodies and private institutions. Civil Rights, Office of the Secretary, equal FECA for development of grant program c. Acting as focal point for FECA inter­ employment activities in construction. policy and procedures and for direct face with planning, budgetary, and man­ h. Coordinating,'with the Department Federal contracting matters regarding agement elements of OS, Department of Labor, the need and issuance of Fed­ architectural/engineering and construc­ Operating Agencies, OMB, and GSA. eral wage determinations for both Fed­ tion services. d. Serving as point of FECA contact for eral and federally assisted construction di Developing policies, procedures, and participation in the DHEW Operational projects and the resolution of violations regulations for the Departmentwide im­ Planning System. in the area of Federal fair labor stand­ plementation of the Uniform Relocation e. Determining and documenting facil­ ards. Act, Public Law 91-646. ity requirements for department head­ D. Office of Architectural and Engi­ e. Providing broad legal guidance to quarters complex to include schedules, neering Services. The Office of Archi­ the Director on FECA operations, and justifications, and budgetary implica­ tectural and Engineering Services shall serves as liaison with the Department’s tions. be responsible for: Office of General Counsel in the devel­ f . Developing and promulgating prin­ 1. Division of design management, a. opment and application of such policies ciples and techniques to relate urban Selecting methods and means for D i v i d ­ and procedures. planning to health, education, and wel­ ing architectural/engineering and design fare facilities. and related construction services in sup­ f. Developing and providing policies 2. Division of Facility Engineering De­ port of the Department direct Federal and procedures, in conjunction with the velopment. a. Identifying the advanced special-purpose construction activity. Office of Procurement and Materiel Man­ state-of-the-art of building and formu­ b. Establishing design and construction agement, for DHEW-wide use in con­ late application priorities and strategies schedules and monitoring project prog­ tracting for direct Federal architectural/ responsive to DHEW facility programs. ress to insure availability of facilities to engineering and construction services, b. Providing consultant services in meet user occupancy dates. and providing related operational and the facility development area to depart­ -c. Developing policies and procedures technical guidance and surveillance. ment operating agencies and OS ele­ for guidance of regional office staffs and 3. Administrative Staff. Developing ments, other Federal departments and field installations.. FECA administrative practices and pro­ agencies, and where appropriate, to pub­ d. Coordinating the development of cedures and annual operating budgets; lic and private institutions. architectural/engineering and construc­ personnel administration; control and c. Sponsoring DHEW involvement in tion contract documents with the con­ editing of correspondence and publica­ special demonstration projects utilizing tracting officer. tions; control of supply, space allocation, innovative techniques for facility de­ e. Providing upon request, specialized and travel funds; managing files and se­ velopment. consultant services to Department oper­ curity controls; establishing and main­ d. Developing and promulgating prin­ ating agencies, staff offices, regional taining a resource materials library; and ciples and techniques in systems building, offices, and field installations relative to performing other administrative func­ construction management/phased design the furnishing and equipping of projects. tions as may be necessary. and construction, and life cycle costing. 2. Division of architecture, a. Providing 4. Metropolitan Enginering Staff, a. C. Office of Federally Assisted Con­ upon request, specialized architectural Performing architectural /engineering struction. The Office of Federally Assisted consultant services to Department oper­ and construction-related technical serv­ Construction shall be responsible for: ating agencies, staff offices, regioiis, field ices as pertinent and as listed in section 1. Division of management informa­installations, and project applicants and 1T02 a 2, 1T02 a 4, and 1T02 a 5, for di­ tion. a. Developing, maintaining, and co­ their representatives with respect to both rect Federal construction activities in ordinating architectural/engineering and direct Federal special-purpose and fed­ the Washington-Baltimore metropolitan construction-related reporting systems erally assisted construction activities. area. for the Department direct Federal spe­ b. Developing architectural design t b. Reviewing and coordinating with cial-purpose and federally assisted con­ standards, criteria, and technical speci­ l GSA on job orders for repair, modifica- struction activities. fications for uniform application to the

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 NOTICES 3537 direct Federal special-purpose construc­ support agencies and private lessors on g. Developing and publishing policies tion activity and guides for the federally real property owned by the Department and procedures for all areas of DHEW assisted construction activity. or occupied under lease, assignment, interest in acquisition, management and c. Supervising architectural design license or use permit. disposal of GSA assigned space. (4) Development of technical mate­ functions for the Federal special-purpose Date: February 1,1973. construction activity. rial and standards for guidance of d. Technical surveillance of architec­ regional office staffs and field installa­ S teven D. K ohlert, tural services being rendered by Depart­ tion' personnel for the operation, main­ Deputy Assistant Secretary ment operating agency, staff office, re­ tenance, repair, and improvement of De­ for Management. gional office, and field installation staffs. partment real property. [PR Doc.73-2362 Piled 2-6-73:8:45 am] e. Promoting the utilization of the (5) Application of adequate and ac­ life-cycle cost concept in all archi­ ceptable entomological control, grounds tectural design. maintenance, snow removal, and other Social and Rehabilitation Service f. Providing drafting and visual aids facility related services. services for FECA. (6) Furnish upon request, specialized ALLOTMENT PERCENTAGES FOR PUR­ 3. Division of engineering, a. Provid­plant maintenance and operation con­ POSES OF VOCATIONAL REHABILITA­ ing upon request, specialized engineer­ sultant services to headquarters, agen­ TION SERVICES ing consultant services to Department cies, regional offices, and field installa­ operating agencies, staff offices, regional tions. Promulgation offices, field installations, and project ap­ 2. Division of real property, a. Provid­ Pursuant to section 11(h) of the Voca­ plicants and their representatives with ing operational guidance and where nec­ tional Rehabilitation Act (68 Stat. 661, respect to both direct Federal special- essary, performance, to assist the 29 U.S.C. 41(h)), as amended, and it purpose and federally assisted construc­ ROFEC’s and Department operating having been found that the three most tion activity. agencies in DHEW real property activi­ recent consecutive years for which satis­ b. Developing engineering design ties. standards, criteria, and technical specifi­ b. Maintaining a real property inven­ factory data are available from the De­ cations for uniform application to direct tory,, cost and facility management sys­ partment of Commerce as to the per special-purpose Federal construction tem for DHEW owned and utilized Fed­ capita income of the States and of the activity and guides for federally assisted eral facilities, and facility engineering United States are the years 1969, 1970, construction activity. activities related thereto. and 1971, the following allotment per­ c. Supervising civil, mechanical, and. c. Performing analysis of real prop­ electrical design functions for Federal erty and facility data to provide manage­ centages for the several States, the Dis­ special-purpose construction activity. ment data to the OS and Department trict of Columbia, the Virgin Islands, d. Technical surveillance of engineer­ operating agencies. Puerto Rico, and Guam, as determined ing services being rendered by Depart­ d. Acting as the focal point for FECA pursuant to said act and on the basis of ment operating agency, staff office, interface with all government elements said income data, are hereby promul­ regional office, and field installation concerning DHEW real property activi­ gated, to be conclusive, for each of the 2 staffs. ties. e. Promoting the utilization of the e. Acting as principal point of contact fiscal years beginning July 1, 1973, and life-cycle cost concept in all engineering with GSA-PBS headquarters elements July 1, 1974. The allotment percentages design. for departmentwide involvement in real shall in no case be more than 75 per cen­ E. Office of Facilities Operations and property acquisition, management and tum or less than 33% per Centum, and Maintenance. The Office of Facilities disposal actions. the allotment percentage for the District Operations and Maintenance shall be f. Providing real property consulting of Columbia, Puerto Rico, Guam, and the responsible for: services to elements of DHEW. Virgin Islands shall be 75 per centum. 1. Division of plant management, a. g. Developing and publishing policies Developing and implementing an inte­ and procedures for all areas of DHEW Alabama ----- 63.43 New Hamp- grated facilities engineering manage­ interest in real property. Alaska______42.00 shire ______54.08 ment system for the identification, • h. Interpreting statutory requirements Arizona____ 54. 01 New Jersey__ 42.03 and pertinent Federal directives on De­ Arkansas ___ 63. 72 New Mexico_ 60. 57 management, operation and mainte­ C alifornia__ 43.63 New York___ 39. 80 nance, and analysis of Department- partment real property acquisition, util­ Colorado ____ 51.25 North Caro- owned and utilized facilities in support ization, and disposal. Connecticut _ 38. 89 lina _____ 59. 18 of annual and long-range and budgetary 3. Division of space management, a. Delaware___ 43.92 North Dakota 59.26 requirements. Coordinating, with General Services Ad­ Florida 53. 42 Ohio _ __ 49. 22 b. Developing and publishing policies ministration, the acquisition, utilization, Georgia ____ 57.16 O klahom a__ 57.88 and disposal of GSA assigned space for Hawaii — _ 43.24 O re g o n ____ 52. 51 and procedures for all areas of DHEW 58.84 Pennsylvania _ interest and involvement in operations DHEW. Idaho ------50. 08 b. Providing operational guidance and Illinois _ ____ 42. 61 Rhode Island. 50. 20 and maintenance -of DHEW real prop­ Indiana _ — 51. 13 South Oaro- erty in support of Department agency technical assistance to regional office I o w a ______52.70 lina __ __ 62.73 requirements. staff and Department operating agencies K ansas__ — 50. 20 South Dakota 59. 35 c. Acting as the focal point for FÉCA relating to GSA assigned space. Kentucky ___ 60. 64 Tennessee__ 60. 76 interface with all government and non­ c. Operating the Space Management Louisiana__ 61.13 Texas __ __ 54. 98 Center providing briefings, graphic dis­ M aine______59.19 Utah _ _ 59. 14 government elements concerned with Maryland___ 45. 74 Vermont ___ 56. 14 socio-economics compliance in Depart­ plays and information to the OS and De­ partment operating agencies, on Federal Massachusetts 45.05 Virginia - _ 53. 80 ment-owned and! utilized facilities. M ichigan___ 46.43 Washington_ 48.97 facilities, planning, acquisition, and 51.34 d. Administering and supervising a inventory. M innesota__ West Virginia 61. 65 continual program for: Mississippi_ 67.13 W isconsin__ 52.87 d. Collecting and analyzing data con­ Missouri ___ 52.82 W yom ing___ 53.45 (1) Evaluation of Department real cerning all activities related to GSA M ontan a___ 56.59 Dist. o f Col_ 75.00 property condition and operations for assigned space as well as the identifica­ Nebraska___ 51.61 G u a m ______75.00 compliance with applicable safety, tion and resolution of specific problem Nevada____ _ 42. 19 Puerto Rico_ 75.00 health, fire protection, environmental, areas with GSA, Department operating Virgin Islands 75.00 and energy conservation standards. agencies, and OS as appropriàte. (2) Technical surveillance and per­ e. Coordinating the development of Dated: February 1,1973. formance evaluation of DHEW facility standards and guides on the procurement operations and maintenance activities. and utilization of GSA assigned space. J o h n D. T w in a m e , (3) Evaluation of maintenance, and f. Providing consulting service to ele­ Administrator, Social and custodial services operations, furnished ments of DHEW in matters related to Rehabilitation Service. by other Federal departments, facility GSA assigned space. [PR Doc.73-2339 Piled 2-6-73:8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 No. 25—Pt. I----6 3538 NOTICES

DEPARTMENT OF HOUSING AND [Docket No. N-73-137; Administrative [Docket No. N-73-138; Administrative Divi­ URBAN DEVELOPMENT Division Docket No. 72-16] sion Docket No. Z-193] CHINO VALLEY ESTATES, ET AL. Office of Interstate Land Sales Registration LEISURE VILLAGE, ET AL [Docket No. N-73-139; Administrative Notice of Hearing Notice of Hearing Division Docket No. Z-164] Notice is hereby given that: Notice is hereby given that: BLUE RIDGE LAKES, ET AL. 1. Consolidated Mortgage Corp., its of­ 1. Leisure Time Corp., its officers and ficers and agents, hereinafter referred agents, hereinafter referred to as “Re­ Notice of Hearing to as “respondent,” being subject to the spondent,” being subject to the provisions Notice is hereby given that: provisions of the Interstate Land Sales of the Interstate Land Sales Full Disclos­ 1. Blue Ridge Lakes, Inc., its officers Pull Disclosure Act (Public Law 90-448) ure Act (Public Law 90-448) (15 U.S.C. and agents, hereinafter referred to as (15 U.S.C. 1701 et seq.), received a notice 1701 et seq.), received a Notice of Pro­ “ respondent,” being subject to the pro­ of proceedings and opportunity for hear­ ceedings and Opportunity for Hearing visions of the Interstate Land' Sales Pull ing dated December 29, 1973, which was dated December 13, 1972, which was sent Disclosure Act (Public Law 90-448) (15 sent to the developer pursuant to 15 to the developer pursuant to 15 U.S.C. U.S.C, 1701 et seq), received a notice of U.S.C. 1706(d) and 24 CFR 1710.45(b) (1) 1706(d) and 24 CFR 1710.45(b)(1) in­ proceedings and opportunity for hearing informing the developer of information forming the developer of information ob­ dated November 22,1972, which was sent obtained by the Office of Interstate Land tained by the Office of Interstate Land to the developer pursuant to 15 U.S.C. Sales Registration showing that a change Sales Registration showing that a change 1706(d) and 24 CPR 1710.45(b)(1) in­ had occurred which affected material had occurred which affected material forming the developer of information ob­ facts in the developer’s statement of facts in the Developer’s Statement of tained by the Office of Interstate Land record for Chino Meadows, AKA Chino Record for Leisure Village and the fail­ Sales Registration showing that a change Valley Estates and the failure of the ure of the Developer to amend the perti­ had occurred which affected material developer to amend the pertinent sections nent sections of the Statement of facts in the developer’s statement of rec­ of the statement of record and property Record and Property Report. ord for Blue Ridge Lakes, sections B, C, report. 2. The Respondent filed an answer re­ and D and Barry Lake A and the failure 2. The respondent filed an answer re­ ceived January 12, 1973, in answer to the of the developer to amend the pertinent ceived January 18,1973, in answer to the allegations of the Notice of Proceedings sections of the statement of record and allegations of the notice of proceedings and Opportunity for a Hearing. property report. and opportunity for a hearing. 3. In said answer the Respondent re­ 2. The respondent filed an answer re­ quested a hearing on the allegations con­ ceived December 2, 1972, in answer to 3. In said answer the respondent re­ tained in the Notice of Proceedings and quested a hearing on the allegations con­ Opportunity for a Hearing. the allegations of the notice of proceed­ tained in the notice of proceedings and ings and opportunity for a hearing. opportunity for a hearing. 4. Therefore, pursuant to the provi­ 3. In said answer the respondent re­ sions of 15 U.S.C. 1706(d) and 24 CFR quested a hearing on the allegations con­ 4. Therefore, pursuant to the provi­ sions of 15 U.S.C. 1706(d) and 24 CPR 1720.160(b): It is hereby ordered, That tained in the notice of proceedings and a public hearing for the purpose of tak­ opportunity for a hearing. 1720.160(b): It is hereby ordered, That a 4. Therefore, pursuant to the provi­ public hearing for the purpose of taking ing evidence on the questions set forth sions of 15 U.S.C. 1706(d) and 24 CPR evidence on the questions set forth in in the Notice of Proceedings and Op­ 1720.160(b): It is hereby ordered, That the Notice of Proceedings and Opportu­ portunity for Hearing will be held before a public hearing for the purpose of tak­ nity for Hearing will be held before Paul Paul N. Pfeiffer in Room 7233, Depart­ ing evidence on the questions set forth N. Pfeiffer in Room 7233, Department of HUD Building, 451 Seventh Street SW., ment of HUD Building, 451 Seventh in the notice of proceedings and oppor­ Street SW., Washington, DC on Febru­ tunity for hearing will be held before Washington, DC, on February 16,1973, at Patil N. Pfeiffer in room 7233, Depart­ 10 a.m. ary 12,1973, at 10 a.m. ment of HUD Building, 451 Seventh The following time and procedure is The following time and procedure is Street SW., Washington, DC on Febru­ applicable to such hearing: applicable to such hearing: ary 12,1973, at 2 p.m. All affidavits and, a list of all witnesses All affidavits and a list of all witnesses The following time and procedure is are requested to be filed with the Hear­ are requested to be filed with the Hearing applicable to such hearing: ing Clerk, HUD Building, Room 10150, Clerk, HUD Building, Room 10150, Wash­ All affidavits and a list of all witnesses Washington, D.C., 20410 on or before are requested to be filed with the Hear­ ington, D.C. 20410 on or before Febru­ February 2,1973. ing Clerk, HUD Building, Room 10150, ary 9, 1973. - 5. The Respondent is hereby notified Washington, DC 20410 on or before 5. The Respondent is hereby notified February 2,1973. that failure to appear at the above sched­ that failure to appear at the above sched­ 5. The respondent is hereby notified uled hearing shall be deemed a default that failure to appear at the above sched­ uled hearing shall be deemed a default and the proceeding shall be determined uled hearing shall be deemed a default and the proceeding shall be determined against Respondent, the allegations of and the proceeding shall be determined against Respondent, the allegations of which shall be deemed to be true, and an against respondent, the allegations of which shall be deemed to be true, and an which shall be deemed to be true, and an order Suspending the Statement of Rec­ order Suspending the Statement of Rec­ ord, herein identified, shall be issued pur­ order suspending the statement of ord, herein identified, shall be issued record, herein identified, shall be issued suant to 24 CFR 1710.45(b)(1). pursuant to 24 CPR 1710.45(b)(1). pursuant to 24 CFR 1710.45(b) (1) . This notice shall be served upon the This notice shall be served upon the This notice shall be served upon the Respondent forthwith pursuant to 24 respondent forthwith pursuant to 24 CFR Respondent forthwith pursuant to 24 CFR 1720.440. 1720.440. CFR 1720.440. Dated: February 1,1973. Dated: February 1,1973. Dated: February 1,1973. By the Secretary. By the Secretary. By the Secretary. G eorge K . B e r n s t e in , G eorge K. B e r n s t e in , G eorge K. B e r n s t e in , Interstate Land Interstate Land Sales Interstate Land Sales Sales Administrator. Administrator. Administrator. [FR Doc.73-2352 Filed 2-6-73;8:45 am] [FR Doc.73-2351 Filed 2-6-73;8:45 am] [FR Doc.73-2353 Filed 2-6-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 NOTICES 3539

DEPARTMENT OF TRANSPORTATION Street SW., Washington, DC 20590 or by This notice is given pursuant to Execu­ calling 202-426-2178. tive Order 11686, October 7, 1972. Coast Guard Dated: February 2, 1973. Issued on: February 1, 1973. [CGD-73-16N] W. F. R ea, m . Calvin B urkhart, INDUSTRY ADVISORY COMMITTEE ON Executive Secretary. RULES OF THE ROAD Rear Admiral, U.S. Coast Guard, Chief, Office of Merchant [FR Doc.73-2397 Filed 2-6-73:8:45 am] Notice of Open Meeting Marine Safety. This is to give notice pursuant to the [FR Doc.73-2367 Filed 2-6-73;8:45 am] AMERICAN REVOLUTION BICENTEN­ Federal Advisory Committee Act, section 10(a) (2), dated October 6,1972, that the NIAL COMMISSON Industry Advisory Committee on Rules of National Highway Traffic Safety HORIZONS '76 COMMITTEE Administration the Road, U.S. Coast Guard, will conduct Notice of Open Meeting an open meeting on Wednesday, Febru­ NATIONAL HIGHWAY SAFETY ADVISORY ary 21, 1973, at Nassif Building, 400 COMMITTEE, AD HOC TASK FORCE ON Notice is hereby given, pursuant to Seventh Street SW., Washington, DC, ADJUDICATION Public Law 92-463 approved October 6, beginning at 10 a.m. in Room 8332. Notice of Public Meeting 1972, that the following American Rev­ The Industry Advisory Committee on olution Bicentennial Commission Hori­ Rules of the Road is a 20 member com­ On February 24, 1973, the National zons ’76 Committee meeting will be held mittee authorized by the Secretary of Highway Safety Advisory Committee’s on February 7, 1973: Transportation. The Committee provides Ad Hoc Task Force on Adjudication will Horizons ’76 committee. The Horizons advice and consultation with respect to hold an open meeting at the Seasons '76 Committee will hold an open meeting matters concerned with proposals affect­ Hotel, 209 North Atlantic Boulevard, (with the exception of the agenda item ing the Rules of the Road. Fort Lauderdale, FL. asterisked below) on February 7, 1973, at The agenda for the February 21 meet­ The National Highway Safety Advisory 9:30 a.m. in the ARBC Conference Room, ing consists of the following: Committee is composed of 35 members 736 Jackson Place NW., Washington, DC Ratification of the Convention on In­ appointed by the President in accordance 20276. The Committee membership is ternational Regulations for Preventing with the Highway Safety Act of 1966 composed of eleven ARBC Commis­ Collisions at Sea, 1972. Members are re­ (23 U.S.C. 401 et seq.). The Committee sioners and the Chairman of the Hori­ quested to advise methods for seeking consists of representatives of State and zons Advisory Group. Items on the support nationally for early ratification local governments, State legislatures, agenda include: of this Convention which will replace the public and private interests contributing Horizons National Action Guide. International Regulations for Preventing to, affected by, or concerned with high­ Call for Achievements. Collisions at Sea, 1960^ Subject to rati­ way safety, other public and private William F. Buckley’s suggestion for a Clean fication by a requisite number of nations, agencies, organizations, and groups Water Bond Issue. the Convention will come into force not demonstrating an active interest in high­ Proposals under consideration: Environmen­ earlier than January 1,1976. way safety, and research scientists and tal Transportation Intern Program. Unification of U.S. Rules of the Road. other experts in highway safety. North Carolina Bicentennial Resolution. Bicentennial Communities. Members are requested to advise methods The Advisory Committee advises, con­ Amerind Conference Report. for seeking unification and consolidation sults with, and makes recommendations Report on immediate and anticipated ex­ of the Inland, Great Lakes, Western to the Secretary of Transportation on penditures*. Rivers and Pilot Rules and be prepared matters relating to the activities of the Dated: February 5, 1973. to make recommendations regarding Department in the field of highway desirability to unify national rules. safety. The Committee is specifically au­ H ugh A. Hall, Any items for IMCO Maritime Safety thorized: (1) To review research projects Acting Director, American Revo­ Committee meeting. Next meeting of or programs, and (2) to review, prior to lution Bicentennial Commis­ IMCO Maritime Safety Committee is in issuance, standards proposed to be is­ sion. March 1973. Items Of interest to the In­ sued by the Secretary under the national [FR Doc.73-2555 Filed 2-6-73; 11:07 ami dustry Advisory Committee on Rules of highway safety program. the Road, if any, should be received be­ fore meeting date. Members are re­ The Ad Hoc Task Force on Adjudica­ ATOMIC ENERGY COMMISSION tion is composed of attorneys and judges quested to advise on any such matters. from the full Committee and has been [Dockets Nos. 50-398, 50-399] Any other business, members are in­ assigned the task of exploring means for PACIFIC GAS AND ELECTRIC CO. vited to present views on subjects which effective adjudication of traffic offenses, should be placed on future agendas or including administrative adjudication, Notice of Withdrawal of Application for which are pertinent to the safety of and to consider the ramifications of sen­ Utilization Facility Licenses navigation as it relates to the rules of tencing alternatives. The task force will the road. Please take notice that Pacific Gas and report the results of its findings to the Electric Co. (PG&E), 77 Beale Street, Any member of the public who wishes San Francisco, CA 94106, by letter dated to do so may file a written statement full Committee at its spring meeting. The Ad Hoc Task Force will meet from January 19, 1973, requested withdrawal with the Industry Advisory Committee of its application for licenses to construct on Rules of the Road, before or after the 9:30 a.m. to 5 p.m. with the following and operate two nuclear reactors on a meeting, or may present an oral state­ agenda : site located on the Pacific Ocean, adja­ ment with the advance approval of the Review Reorganization of Lower Court cent to the City of Point Arena in Mendo­ Chairman. Systems, cino County, Calif., midway between San Interested persons may request addi­ Administrative Adjudication Program of New Francisco and Eureka. By letter dated tional information concerning the York State, January 30, 1973, the Atomic Energy February 21 meeting and other matters Legislative Background for Florida’s Devel­ Commission (Commission) approved, relating to the Industry Advisory Com­ opment and Implementation of Adminis­ trative Adjudication Procedures. pursuant to § 2.107 of 10 CFR Part 2, mittee on rules of the Road (pursuant withdrawal without prejudice of PG&E’s to the Federal Advisory Committee Act, Further information may be obtained application for authorization to construct section 10(b), daÇed October 6, 1972) from the Executive Secretariat, National and operate the Mendocino Power Plant, from Capt. Stuart S. Beckwith, Executive Highway Traffic Safety Administration, Units 1 and 2. Copies of PG&E’s letter of Director, Industry Advisory Committee Department of Transportation, 400 Sev­ withdrawal and the Commission’s letter on Rules of the Road, U.S. Coast Guard enth Street SW., Washington, DC 20590, of approval are available for inspection Headquarters (GMVI/83), 400 Seventh 202-426-2872. in the Commission’s Public Document

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3540 NOTICES

Room, 1717 H Street NW., Washington, in accordance with the application, as assignment in the excepted service the DC 20545, and at the Mendocino County amended, the provisions of Provisional position of Special Assistant to the Sec­ Library, 105 North Maine Street, Ukiah, Construction Permit No. CPPR-44, as retary for Land Use Policies and Envi­ CA 95482. amended, the Atomic Energy Act of 1954, ronmental Matters, Office of the Notice of receipt of the application was as amended, and the Commission’s reg­ Secretary. published in the F ederal R egister on ulations. The licensee has submitted United S tates Civil Serv­ September 22, 1971, 36 FR 18807. proof of financial protection in satis­ ice Commission, faction of the requirements of 10 CFR [ seal] James C. Spry, Dated at Bethesda, Md., this 30th day Part 140. of January 1973. Executive Assistant The Director of Regulation has made to the Commissioners. For the Atomic Energy Commission. the findings which are set forth in the license, and has concluded that the ap­ * [FR Doc.73-2342 Filed 2-6-73;8:45 am] John F. S tolz, plication, as amended, complies with the Chief, Boiling Water Reactors requirements of the Atomic Energy Act DEPARTMENT OF AGRICULTURE Branch 2, Directorate of Li­ of 1954, as amended, and the Commis­ censing. sion’s regulations in 10 CFR Ch. 1, and Revocation of Authority To Make Noncareer [PR Doc.73-2308 Piled 2-6-73; 8:45 am] that the issuance of the license will not Executive Assignment be inimical to the common defense and Under authority of § 9.20 of Civil Serv­ [Docket No. 50-281] security or to the health and safety of ice Rule IX (5 CFR 9.20), the Civil Serv­ the public. ice Commission revoked on January 22, VIRGINIA ELECTRIC & POWER CO. The license is effective as of the date 1973, the authority of the Department Notice of Issuance of Facility Operating of issuance and shall expire on June 25, of Agriculture to fill by noncareer execu­ License 2008, unless extended for good cause tive assignment in the expected service Notice is hereby given that the Atomic shown or upon the earlier issuance of a the position of Deputy Administrator, Energy Commission (the Commission) superseding operating license. Food and Nutrition Service, Office of the has issued Facility Operating License No. A copy of (1) Facility Operating Li­ Administrator. DPR-37 to Virginia Electric & Power Co. cense No. DPR-37, complete with tech­ United States Civil Serv­ (the licensee) which authorizes the li­ nical specifications, (2) the applicant’s ice Commission, censee to operate the Surry Power Sta­ environmental report dated December 1, [ seal] James C. Spry, tion, Unit No. 2 at reactor core power 1971 and Revision 1 to environmental Executive Assistant to levels not in excess of 2441 megawatts report supplement thereto dated Febru­ the Commissioners. ary 29, 1972, (3) the report of the Advi­ (thermal), in accordance with the provi­ [FR Doc.73-2343 Filed 2-6-73;8:45 am] sions of the license and the technical sory Committee on Reactor Safeguards, specifications. The Surry Power Station dated December 17,1971, (4) the “Safety Unit No. 2 is a pressurized water nuclear Evaluation by the Division of Reactor DEPARTMENT OF AGRICULTURE reactor located at the licensee’s site in Licensing (now Directorate of Licens­ ing) , U.S. Atomic Energy Commission in Revocation of Authority To Make Noncareer Surry County, Va. Executive Assignment The Notice of Consideration of Issu­ the Matter of Virginia Electric & Power ance of Facility Operating License was Co., Surry Power Station Units 1 and 2,” Under authority of § 9.20 of Civil Serv­ dated February 23, 1971, (5) the final ice Rule IX (5 CFR 9.20), the Civil published in the F ederal R egister on March 28, 1972 (37 FR 6347). The notice safety analysis report and amendments Service Commission revoked on January indicated that the Commission would thereto, (6) the draft detailed statement 23,1973, the authority of the Department consider the issuance of a facility op­ on environmental considerations, dated of Agriculture to fill by noncareer execu­ erating license upon submission of a fav­ March 1972, and (7)-the final detailed tive assignment in the accepted service orable safety evaluation on the applica­ statement on environmental considera­ the position of Deputy Under Secretary, tion by the Commission’s Division of tions, dated June 1972, are available for Office of the Secretary. public inspection at the Commission’s Reactor Licensing (now Directorate of United S tates Civil S erv­ Licensing), the completion of the en­ Public Document Room at 1717 H Street NW., Washington, DC. Copies of items ice C ommission, vironmental review required by the Com­ seal ames pry (1), (4), (6), and (7) may be obtained [ ] J C. S , mission’s regulations in 10 CFJt Part 50, Executive Assistant to Appendix D, and a finding by the Com­ upon request addressed to the U.S. Atomic Energy Commission, Washington, the Commissioners. mission that the application for thé [FR Doc.73-2344 Filed 2-6-73;8:45 am] facility license (as amended) complies D.C. 20545. Attention: Deputy Director for Reactor Projects, Directorate of with the requirements of the Atomic Licensing. Energy Act of 1954, as amended, and the DEPARTMENT OF HEALTH, EDUCATION, Commission’s regulations in 10 CFR Ch. Dated at Bethesda, Md., this 29th day AND WELFARE 1. The Notice provided that on or before of January 1973. Grant of Authority To Make a Noncareer March 9, 1973, Virginia Electric & Power Executive Assignment Co. could file a request for a hearing and For the Atomic Energy Commission. any person whose interest may be af­ R oger S. B oyd, Under authority of § 9.20 of Civil Serv­ fected by this proceeding could file a peti­ Acting Deputy Director for ice Rule IX (5 CFR 9.20), the Civil tion for leave to intervene (1) with Reactor Projects, Directorate Service Commission authorized on Au­ respect to whether, considering those of Licensing. gust 18, 1972, the Department of Health, Education, and Welfare to fill by non­ matters covered by Appendix D to 10 [PR Doc.73-2307 Filed 2-6-73;8:45 am] CFR Part 50, the provisional construc­ career executive assignment in the ex­ tion permit should be continued, modi­ cepted service the position of Deputy fied, terminated, or appropriately condi­ CIVIL SERVICE COMMISSION Assistant Secretary, Office of the Assist­ tioned to protect environmental values; DEPARTMENT OF AGRICULTURE ant Secretary (Community and Field and (2) with respect to the issuance of a Services), Office of the Secretary. facility operating license. No request for Grant of Authority to Make Noncareer hearing or petitions to intervene were Executive Assignment United S tates Civil Serv­ filed. Under authority of § 9.20 of Civil Serv­ ice Commission, The Commission’s regulatory staff has ice Rule IX (5 CFR 9.20), the Civil Serv­ [seal] James C. S pry, inspected the facility and has determined ice Commission authorized on Janu­ Executive■ Assistant to that for operation as authorized by this ary 23,1973, the Department of Agricul­ the Commissioners. license, the facility has been constructed ture to fill by noncareer executive [FR Doc.73-2341 Filed 2-6-73; 8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 NOTICES 3541

DEPARTMENT OF JUSTICE A t o m ic En e r g y C o m m is s io n involves construction of 7 stone groins and dumping of 250,000 cubic yards of Revocation of Authority To Make a Contact: For nonregulatory matters: Mr. sand along 4,250' of beach frontage on Noncareer Executive Assignment Robert J. Catlin, Director, Division of Lake Ontario. The purpose of the project Environmental Affairs, Washington, D.C. is the maintenance of a beach capable of Under authority of § 9.20 of Civil Serv­ 20545, 202—973-5391. For regulatory accommodating 11,600 persons at peak ice Rule EX (5 CPR 9.20), the Civil Serv­ matters: Mr. A. Giambusso,.Deputy Di­ capacity. Temporary turbidity from ice Commission revoked on January 26, rector for Reactor Projects, Directorate dumping will disturb and/or destroy 1973, the authority of the Department of of Licensing, 202—973-7373, Washington, marine life, the park will be disfigured Justice to fill by noncareer executive as­ D.C. 20545. by the project’s access roads. (58 pages) Draft, January 23 Comments made by: EPA, DOI, and signment in the excepted service the po­ Prairie Island Nuclear Generating Plant, USCG (ELR Order No. 00088) (NTIS sition of Assistant Director for Field Minn. County: Goodhue. The actioh is Order No. EIS 73 0088-F) Services, Community Relations Service. the issuance of operating licenses to Northern States Power Co. for the 2 unit „ D e p a r t m e n t o f I n te r io r U n ite d S ta t e s C iv il S er v ­ plant. Each unit will employ a pressur­ Contact: Mr. Bruce Blanchard, Director, En­ ic e C o m m is s io n , ized reactor to produce 1,650 MWT and vironmental Project Review, Room 7260, [ s e a l ] J a m e s C . S p r y , 560 MWE (gross). Cooling will be by Department of the Interior, Washington, Executive Assistant to towers, with water being drawn from D.C. 20240, 202—343-3891. the Commissioners. the Mississippi at 85,000 g.p.m. (If ex­ tremely cold weather restricts use of the BUREAU OF LAND MANAGEMENT [FR Doc.73-2345 Filed 2-6-73:8:45 am] towers, the once-throu|gh mode will be Draft, January 22 used along with restriction of power Outer Continental Shelf Lease Sale, Texas, level, if necessary, to meet the tempera­ DEPARTMENT OF JUSTICE Texas. The statement refers to the pro­ ture limit for discharge.) The plantsite posed sale of leases to 129 tracts (total­ Revocation of Authority To Make a Non­ occupies 560 acres; another 973 are com­ ling 697,643 acres) of outer continental mitted to right-of-way. Radioactive career Executive Assignment shelf (OCS) lands offshore Texas. The effluent release will include 2,000 curies tracts will be explored for oil and natural Under authority of § 9.20 of Civil Serv­ of tritium (liquid), and 3,400 curies of gas reserves; the sale will take place in ice Rule IX (5 CFR 9.20), the Civil Serv­ gaseous wastes annually. (298 pages) late spring, 1973. All tracts offere'd pose ice Commission revoked on January 26, (ELR Order No. 00121) (NTIS Order No. some degree of pollution risk to the EIS 73 0121—D) marine environment and/or adjacent 1973, the authority of the Department of Final, January 26 Justice to fill by noncareer executive as­ shoreline; each is subjected to a matrix Loss of Fluid Test Facility, Idaho. County: analytical technique in order to evaluate signment in the excepted service the po­ several. The statement refers to the use significant environmental impacts sition of Legal Counsel and Special As­ of LOFT (a pressurized water plant and should leasing and subsequent oil and sistant to the Director, Community related facilities), in order to study re­ gas exploration and production ensue. Relations Service. actor system responses to, and conse­ (595 pages) (ELR Order No. 00104) quences of, postulated reactor accidents (NTIS Order No. EIS 73 0104-D) U n ite d S tates C iv il S er v ­ such as gross failure of the cooling sys­ ic e C o m m is s io n , tem integrity resulting in the loss of BUREAU OF OUTDOOR RECREATION [ s e a l ] J a m e s C . S p r y , cooling fluid from the reactor. LOFT is Draft, January 24 Executive Assistant to designed to develop the knowledge and Little Blue River, Mo. County: Jackson. the Commissioners. techniques required to minimize such The statement refers to the proposed ac­ accidents in large commercial power [FR Doc.73-2346 Filed 2-6-73:8:45 am] quisition by the Jackson County Park plants. No adverse environmental impact Department of 1,384 acres of land along is anticipated. (124 pages) Comments a 25-mile segment of the Little Blue COUNCIL ON ENVIRONMENTAL made by: USDA, DOC, DOD, EPA, HEW, River, for public outdoor recreation pur­ DOI, and DOT (ELR Order No. 00141) poses. Hie land will provide over 50 miles QUALITY (NTIS Order No. EIS 73 0141-F) of trails and establish a Greenbelt area for the Kansas City Metropolitan area. ENVIRONMENTAL IMPACT STATEMENT D e p a r t m e n t o f D e f e n s e , A r m y C orps (37 pages) (ELR Order No. 00132) (NTIS List of Statements Received Contact: Mr. Francis X. Kelly, Director, Order No. EIS 73 0132-D) Office of Public Affairs, Attention: Environmental impact statements re­ DAEN-PAP, Office of the Chief of En­ BUREAU OF RECLAMATION ceived by the council from January 22 gineers, U.S. Army Corps of Engineers, Final, January 16 through January 26, 1973. 1000 Independence Avenue SW., Wash­ Lake Havasu Central Arizona Project, Ariz. ington, DC 20314, 202—693-7168. The statement refers to the proposed N o t e : At the head of the listing of state­ Draft, January 24 ments received from each agency is the construction of the Havasu intake chan­ Cleveland Harbor, Ohio. County: Cuya­ nel and pumping plant, and the Buck­ name of an individual who can answer ques­ hoga. The statement refers to the pro­ tions regarding those statements. skin Mountains Tunnel. The pumping posed construction of a 2,880,000 cubic plant will house six 500 c.f.s. pumps, D e p a r t m e n t of A g ricu ltu re yard capacity diked disposal area. Aquat­ which will pump water (for irrigation, ic life will be adversely affected. (40 municipal and industrial supply), from Contact: Dr. T. C. Byerly, Office of the Sec­ pages) (ELR Order No. 00125) (NTTS Lake Havasu through two 13 foot-diam­ retary, Washington, D.C. %20250, 202— Order No. EIS 73 0125-D) eter pipes 3,000 feet up the mountainside 388-7803. Draft, January 17 to the tunnel inlet portal. The facilities FOREST SERVICE Beech Creek Flood Control Channel, Ore­ comprise part of the Central Arizona gon. County: Grant. The project pro­ Project, (approximately 300 pages) Com­ Final, January 23. posed involves flood channel construc­ ments made by: USDA, HEW, HUD, COE, Brushland Modification on National For­ tion on Beech Creek, a tributary of the DOI, EPA, and DOT State and local ests, Calif. County: several. The state­ John Day River. Hie project, which agencies and concerned citizens (ELR ment refers to the proposed reduction would provide a flood contract channel Order No. 00066) (NTIS Order No. EIS of brushland sites, through the use of through the city of Mount Vernon, would 73 0066—F) mechanized equipment, prescribed burn­ include reshaping of the natural stream- ing, and herbicides, and replanting with bed and construction of 3,500 feet of N a t io n a l A e r o n a u t ic s a n d S pace grasses and forbs. The purpose of the channel bordered by rock-lined levees. A dministration action is the mitigation of the potential Adverse impacts of the action include Contact: Mr. Ralph E. Cushman, Special for brush wildfires and subsequent displacement of the existing streambank Assistant, Office of Administration, NASAr flooding. Air, water, and soil quality vegetation and disruption to the com­ Washington, D.C. 20546, 202—962-8107. will be affected, non-target plant species munity during construction. (16 pages) Final, January 24 will be hit. (176 pages) Comments made (ELR Order No. 00078) (NTIS Order No. George C. Marshall Space Flight Center by: USDA, COE, EPA, and DOI state EIS 73 0078-D) (MSFC), Ala. and Miss. The statement and local agencies and concerned citi­ Final, January 19 refers to the ongoing operation of MSFC zens (ELR Order No.,00116) (NTIS Order Hamlin Beach State Park, New York. in Huntsville, Ala., and its Mississippi No. EIS 73 0116—F) County: Monroe. The proposed action Test Facility (MTF) in Bay St. Louis,

FEPERAL REGISTER, V O L 38, NO . 25— WEDNESDAY, FEBRUARY 7, 1973 3542 NOTICES

Miss. MSFC is currently involved in the Order No. EIS 73 0119-D) federal h ig h w a y administration direction and management of the Saturn, Draft, January 24 Draft, January 4 Skylab, and Space Shuttle Programs, Bishop Airport, Mich. County: Genesee. among other operations. No adverse im­ The statement refers to the proposed Interstate 295, Fla. County: Duval. The pact is anticipated in the statement. construction and lighting of a 1,200' ex­ proposed project is the completion of <63 pages) Comments made by: EPA tension to the N/S runway. The project 1-295 as a belt loop around Jacksonville, (ELR Order No. 00126) (NTIS Order also contemplates strengthening, widen­ Fla. Length is 7.5 miles. Eight businesses, No. EIS 73 0126-F) ing, lighting and marking Taxiway D; 24 families and an unspecified number strengthening Taxiway B; strengthening of timber acreage will be displaced. T e n n e s se e V a l l e y A u t h o r it y Nine Mile Creek, Trout River, and Cedar easterly 5,000' E/W runway; extending, Creek will be traversed by the project. Contact: Dr. Francis Gartrell, Director of lighting and marking parallel Taxiway A 1,000-foot inter tidal marsh would be Environmental Research and Develop­ G; and constructing a full length parallel taxiway to N/S runway. Adverse impacts adversely affected by the project. Other ment, 720 Edney Building, Chattanooga, adverse effects will Include the increase Term. 37401, 615— 755-2002. of the action include increased sound of air, water, and litter pollution, and Final, September 22 levels and encroachment upon wildlife the increase of sedimentation of the Widows Creek, Ala. County: Jackson. The habitat. (41 pages) (ELR Order No. waterways traversed. (58 pages) (ELR statement considers the installation of 00130) (NTIS Order No. EIS 73 0130-D) Draft, January 26 Order No. 00018) (NTIS Order No. EIS a full-scale research and demonstration 73 0018—D) wet-limestone S02 scrubber on Unit 8 Columbus County Airport, N.C. County: Final, January 22 of the plant. The purpose is the develop­ Columbus. The proposed project is the construction and lighting of a 500' run­ Illinois FAP Route 50 (SR 143), HI. County: ment of technology for the removal of Madison. The proposed project concerns S02. A disposal pond will also be con­ way extension to the 3,200' x 75' runway now under construction. The project will the reconstruction of a portion of Illi­ structed in order to accommodate waste nois FAP Route 50. Length is 8 miles. slurry and ash. Adverse impact will in­ result in the development of a general aviation airport which will accommodate Twelve businesses, 80 families and an clude the relocation of Widows Creek unspecified number of acres will be ac­ embayment and the loss of aquatic life substantially all propeller aircraft of less quired for right-of-way. There will be ip 0.2 percent of Gunterville Reservoir. than 12,500 pounds. There will be an increases in air, water, and noise pollu­ (120 pages) Comments made by: USDA, increase in noise levels and adverse tion. (98 pages) (ELR Order No. 00103) COE, DOC, EPA, FPC, HEW, HUD, DOI, effects associated with construction acti­ (NTIS Order No. EIS 73 0103-F) vities. (16 pages) (ELR Order No. 00140) and DOT (ELR Order No. 00101) (NTIS Draft, January 22 Order No. EIS 73 0101-F) (NTIS Order No. EIS 73 0140-D) Draft, January 23 Nebraska SR 66, Nebr. County: Saunders. D e p a r t m e n t o p T ransportation Rusk County Airport, Wis. County: Rusk. The proposed project is the improvement The statement refers to the proposed ac­ of 10 miles of SR 66. An unspecified Contact: Mr. Martin Convisser, Director, number of acres will be displaced. If Office of Environmental Quality, 400 quisition of approximately 30 acres of land for airport development and clear Alternate No. 2 is implemented the proj­ Seventh Street SW., Washington, DC ect will cross Oak Creek causing altera­ 20590, 202— 426-4355. zone. The project contemplates con­ structing, marking and lighting a 75'X tions of the channels and a disruption F ederal A v ia t io n A dministration of the surrounding ecology. Other ad­ 700' southerly extension to the NW/SE verse effects will include increased ero­ Draft, January 22 runway; overlapping an existing run­ sion, loss of wildlife and increased water Petersburg Airport, Alaska. The purpose of way (75'X 2600'), apron (100'X250'); pollution. (19 pages) (ELR Order No. this project is to develop a 6,000' run­ and relocating a town road. Tree clear­ 00094) (NTIS Order No. EIS 73 0094-D) way capable of handling large jet trans­ ance on 2.3 acres will reduce wildlife Charlotte Avenue Extension, Monroe, N.C. port aircraft. The action consists of habitat. There will be an increase in County: Union. The proposed project is extending the existing runway (1,400' x noise and air pollution. (27 pages) (ELR the construction of a four-lane curb and 200'), widening the taxiway, and other Order No. 00105) (NTIS Order No. EIS gutter extension of Charlotte Avenue. related irnprovements. Ten acres of 73 0105—D) Final, January 23 Length is 0.3 mile. Sixteen families will muskeg vegetations and some trees will be displaced and 2 acres will be acquired be lost. (13 pages) (ELR Qrder No. Civil Aircraft Sonic Boom Regulation. The for right-of-way. Increases in noise and -00092) (NTIS Order No. EIS 73 0092-D) Federal Aviation Administration pro­ air pollution will occur. (25 pages) (ELR poses to adopt a regulation entitled “Civil Draft, January 23 Order No. 00093) (NTIS Order No. EIS 73 Wrangell Airport, Alaska. The statement Aircraft Sonic Boom,” which is designed 0093—D) refers to the proposed development of to protect the surface of the United South Dakota SH 50-Yankton Bypass, S. a runway and supporting facilities capa­ States from sonic boom generated by civil Dak. County: Yankton. The proposed ble of handling large jet transport air­ aircraft. This will be accomplished by project is the grading, structure, signing craft. The project will consist of a 200' x limiting the speed of civil aircraft to and surfacing for the bypass construc­ 700' runway extension at the northwest Mach I. At or below this speed, there is tion at the city of Yankton. Length of end and a 200' x 650' extension at the no real possibility that a sonic boom will the project is unspecified. An extensive southeast end; improving runway grade touch the surface of the earth. (64 pages) amount of agricultural land and timber and sight clearance; constructing a 90' x Comments made by: USDA, DOC, EPA, will be acquired for right-of-way. (16 400' gravel-surfaced taxiway exit and DOD, HEW, HUD, DOI, and DOT (ELR pages) (ELR Order No. 00095) (NTIS aircraft parking apron; constructing a Order No. 00115) (NTIS Order No. EIS Order No. EIS 73 0095-D) small sewage disposal system; and re­ 73 0115—F) Hallock Airport, Minn. County: Kittson. Fined, January 11 moving and disposing of fallen timber Tudor-Muldoons Roads, Anchorage, Alaska. on airport property, etc. Utilization of The statement refers to the proposed -The proposed project is the widening of the project by larger aircraft (Boeing construction of a new airport, which would include a 75'X 4000' NW/SE run­ Tudor and Muldoon Roads a length of 727) will result in an increase in the 7.2 miles. The project will displace one ambient noise level. Seven acres of com­ way, aprons, and a taxiway, medium in­ business and an unspecified number of bined upland and tideland area will be tensity lighting, and related works. Ap­ families. The project will traverse the committed to airport use. (14 pages) proximately 283 acres of farmland will be* Muldoon-Chester and Fish Creeks caus­ (ELR Order No. 00114) (NTIS Order No. committed to the project. (32 pages) ing a rise in water pollution levels. In­ EIS 73 0114—D) Comments made by: USDA, EPA, DOI, creases in air and noise pollution levels Wichita Municipal Airport, Kans. County: and DOT (ELR Order No. 00108) (NTIS will occur. (128 pages) Comments made Sedgwick. The statement refers to the Order No. EIS 73 0108-F) by: EPA, DOI, State, and local agencies. proposed designation of a development Aransas County Airport, Tex. County: (ELR Order No. 00056) (NTIS Order No. plan for the airport that will accommo­ Aransas. The statement refers to the EIS 73 0056—F) proposed extension of an existing runway date anticipated air traffic volumes Final, January 17 through 1990 and be compatible with the from 4500'X 150'; construction of taxi- Florida, U.S. 301, Fla. County: Hillsborough environment and other community de­ ways and aprons; and installation of lighting. Approximately 15 acres are re­ and Pasco. The proposed project is the velopment. The improvement program, improvement of 22.9 miles of U.S. 301. scheduled for completion over a 20-year quired from clear zone easements. The An unspecified number of families, busi­ period, consists of new runway construc­ new facility will b§ able to accommodate large jet aircraft, with additional noise nesses and acreage will be displaced. The tion, acquisition of land, extensions to project will traverse Hillsborough River, existing runways, construction of taxi- and air pollution resulting. (62 pages) ways, and other airfield and terminal Comments made by: USDA, COE, EPA, Blackwater Creek, Hollomans Branch, building developments. (Approximately HEW, DOI, and DOT (ELR Order No. Two Hale Branch, and Flint Creek, caus­ 500 pages) (ELR Order No. 00119) (NTIS 00110) (NTIS Order No. EIS 73 0110-F) ing a rise in erosion, sedimentation and

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 NOTICES 3543

water pollution levels. (79 pages) Com­ ping Act, 1933 (46 U.S.C. 843), the Fed­ 16. Distribution International Service Co., ments made by: USDA, COE, DOI, EPA, eral Maritime Commission is charged 201 North Federal Highway, Deerfield State, and regional agencies (ELR Order with the duty of insuring that certain B each, FL 33441. No. 00081) (NTIS Order No. EIS 73 common carriers by water in interstate ~17. Dolphin Forwarding, Inc., 11 Holly 0081—P) ^ Street, Hingham, MA 02043. Final, January 11 commerce1 establish and maintain just 18. Drake Motor Lines, Inc., Drake-Marine Illinois Route 26-PA Route 2, 111. County: and reasonable rates. In an effort to es­ Division, 20 Olney Avenue, Cherry Stephenson. The proposed project is the tablish a consistent standard by which Hill, NJ 08034. improvement of existing Illinois Route the Commission may evaluate the rea­ 19. Dreisbach Cold Storage Co., Inc., C. R. 26, a length of 9.5 miles. Ten businesses sonableness of rates published by non­ Nickerson, Agent, 9 First Street, San and 10 families will be displaced: 125 vessel operating common carriers Francisco, CA 94105. acres of land will be acquired for right (NVOCC’s ), the Commission’s staff is 20. Econocaribe Consolidators, Inc., 2929 of way. There will be increases in erosion, Northwest 73rd Street, Miami, FL noise and water pollution. (63 pages) conducting a study into NVOCC opera­ 33147. Comments made by: USDA, DOC, EPA, tions. In connection with that study, cer­ 21. Econoline, Inc., 3629 Northwest 60th DOI, DOT, State, and local agencies and tain information is needed from all Street, Miami, FL 33142. (ELR Order No. 00055) (NTIS Order No. NVOCC’s currently operating in the do­ 22. El Faro Shipping Co., 110 Scholes Street, EIS73 0055—P) mestic offshore trades.' Brooklyn, NY 11206. Final, January 10 Therefore, it is ordered, That pursuant 23. Eller and Company, Port Everglades Sta­ 1-170 (Md.), Pulaski Street to Pine Street, to section 21 of the Shipping Act, 1916 tion, Fort Lauderdale, FL 33316. Maryland. County: Baltimore. The pro­ 24. El Seis de Mayo Express, Inc., 765 East posed project is the design and construc­ (46 U.S.C. 820), each NVOCC listed in appendix A to this order and/or its offi­ 149th Street, Bronx, NY 10455. tion of a six-lane depressed freeway for 25. El Sol De Mayo Express Furniture, 937 a total length of 15 city blocks, Route cers furnish to the Secretary, Federal East Tremont Avenue, Bronx, NY 1-70 from Pulaski Street to Pine Street Maritime Commission, 1405 Eye Street, 10460. in Baltimore. The project will displace NW., Washington, DC 20573 on or before 26. El Viejo San Juan Moving & Shipping, 1,650 dwelling units, 62 businesses and April 1, 1973, a completed copy of the Inc., 862 Southern Boulevard, Bronx, 40 acres of land. There will be increases questionnaire attached hereto as appen­ N Y 10459. in pollution levels and a disruption of 27. Expressway Consolidators, Inc., 1040 neighborhoods. (Approximately 700 dix B, certified to be correct by the car­ rier’s financial officer. Biscayne Boulevard, Miami, FL. pages) Comments made by: USDA, COE, 28. Fast Mar Service, Inc., 4711 Dell Avenue, It is further ordered, DOI, EPA, and State agencies (ELR Order That failure by North Bergen, NJ 07047. No. 00040) (NTIS Order No. EIS 73 any carrier listed in appendix A to fur­ 29. Felix Moving Co., 587 East 168 Street, 0040-F) nish the subject questionnaire by April Bronx, NY 10472. Final, January 11 1, 1973, will result in the issuance of an 30. F igueroa Deliveries & M oving, 1813 Missouri Route 13, Mo. The proposed proj­ order to show cause why that carrier’s Southern Boulevard, Bronx, NY 10460. ect is the construction of 2.8 miles of tariff (s) in the domestic offshore trade (s) 31. Guam Freight Forwarders & Consoli­ Route 13. The project will require the dis­ dators, 2425 Porter Street, Los Angeles, placement of 17 residential units, 8 should not be cancelled and will expose that carrier to a penalty of $100 per day CA 90021. commercial establishments, and the ac­ 32. Hawaii Container Service, 330 Cypress quisition of 34 acres of land. A section for each day of default, as provided for Street, Oakland, CA 94607. of the natural channel of Jordan Creek in section 21 of the Act. 33. Hawaii Freight Lines, Inc., Post Office and Fassnight Creek will be altered. By the Commission. Box 1601, Honolulu, HI 96806. Other adverse effects will include an 34. Hawaiian Cargo Expeditors, 1436 Good­ increase of air and noise pollution. (37 [ seal] F rancis C. H urney, rich Boulevard, Suite 29, Los Angeles, pages) Comments made by: USDA, DOI, CA 90022. State, and regional agencies (ELR Order Secretary. A p p e n d ix A 35. Hawaiian Express Service, Inc., 9 First No. 00049) (NTIS Order No. EIS 73 Street, San Francisco, CA 94105. 0049—F) 1. Aero-Nautics Forwarders, Inc., 1167 36. Hawaiian Freight Service, Inc., Bush Hanna Secondary Road, Wyoming. County: Northwest 22d Street, Miami, FL Terminal Building 57, Brooklyn, NY Carbon. The project involves the con­ 33129. 11231. struction of a separation structure over 2. All Hawaii Cargo Consolidation, Inc., 37. International Trailerline Corp., Mr. R. the Union Pacific Railroad tracks near 15328 San Bruno Drive, La Mirada, CA Ross Camardella, president, One World the town of Hanna. The number of dis­ 90638. Trade Center, Suite 1029, New Y ork, placements will depend upon final proj­ 3. Allied Industrial Distribution, 711 First N Y 10048. ect design. (22 pages) Comments made Street, Oakland, CA 94607. 38. D. L. Haynes, Inc., 4757 East Slauson by: USDA, DOI, EPA, and HUD (ELR 4. All Pacific Freight, Inc., Post Office Box Avenue, Maywood, CA 90270. Order No. 00048) (NTIS Order No. EIS 5249, Salem, OR 97304. 73 0048—P) 39. IML Seatransit, Ltd., Post Office Box 5. Alverez Shipping Co., Inc., 3854 3d Ave­ 2277, Salt Lake CityrUT 84110. URBAN MASS TRANSPORTATION ADMINISTRATION nue, Bronx, NY 10457. 6. American Pacific Forwarders, Post Office 40. Kahanic Trucking Co., 13131 Lakeland Draft, January 26 Box 20039, Long Beach, CA 90810. Road, Santa Fe Springs, CA 90670. Long Island Rail Road, Manhattan, New 7. Boulevard Moving and Storage Co., 41. Kay Transport Co., Inc., Box 9605, Balti­ York. The statement refers to a proposed doing business as Julio Oil Atiles, more, MD 21437. extension of the Long Island Rail Road 1494 Southern Boulevard, Bronx, NY 42. La Flor De Mayo Express, Inc., 571 Jack- from Sunnyside Yards in Queens through 10460. son Avenue, Bronx, N Y 10455. 63d Street to Third Avenue near 42d 8. Brito Shipping Corp., 19 Tompkins Ave­ 43. La Isla Shipping Co., 399 Hooper Street, Street in Manhattan. Approximately 3.5 nue, Brooklyn, NY 10006. B rooklyn, N Y 11211. miles of the line would be underground; 9. Cal-Hawaiian Freight, Inc., 695 North 44. La Rosa Del Monte Express, Inc., 559 1.8 miles will be in structure common Batavia, Orange, CA 92667. East 180th Street, Bronx, NY 10457. with NYCTA. Two businesses will be dis­ 10. Capitol Transportation, Inc., Post Office 45. Lifschultz Fast Freight, Inc., 28 North placed; there will be construction disrup­ Box 3008, San Juan, PR 00936. Franklin Street, Chicago, IL 60606. tion. (91 pages) (ELR Order No. 00143) 11. Carib Shipping, Corp., 1134 Broadway, 46. Los Hermanitos Shipping Co., Inc., 43- (NTIS Order No. EIS 73 0143-D) Brooklyn, NY 11221. 45 Throop Avenue, Brooklyn, NY T im othy A tkeson, 12. Coast Terminal Co., 2110 Alhambra 11206. General Counsel. Avenue, Los Angeles, CA 90054. 47. Malabe Shipping Co., Inc., 47 Bergen 13. Columbus Express Shipping Co., Inc., Street, Brooklyn, NY 11201: [PR Doc.73-2385 Filed 2-6-73;8:45 am] 1158 Southern Boulevard, Bronx, NY 48. Maritime Trucking Co., Inc., Post Office 10459. Box 2770, San Juan, PR 00903. FEDERAL MARITIME COMMISSION 14. Consolidated Express, Inc., Post Office 49. Mid-Pacific Freight Forwarders, 711 Box 2080, San Juan, PR 00936. Anaheim Street, Wilmington, CA NONVESSEL OPERATING COMMON CAR­ 15. Continental Moving and Storage Corp., 90744. RIERS IN THE DOMESTIC OFFSHORE Post Office Box 427, Bayamon, PR 50. Modern Intermodal Traffic Corp., 1417 TRADES 00619. Clay Street, Oakland, CA 94612. Evaluation of Rates 51. Monti Moving & Storage, Inc., 209 Mac- 1 Interstate Commerce is defined in sec. 1 Dougal Street, Brooklyn, NY 11233. Pursuant to the Shipping Act, 1916 (46 of the Shipping Act to include, inter alia, 52. Nunez Express Co., Inc., 1376 Bronx U.S.C. 801) and the Intercoastal Ship­ operations in the domestic offshore trades. R iver Avenue, B ronx, N Y 10472.

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3544 NOTICES

53. Ocean Truck Express Co., Inc., 989 91. Chasqui Moving and Storage, Inc., 911 148. Smyth Caribbean Lines International Southeast 11th Place, Hialeah, PL Longwood Avenue, Bronx, NY 10459. Transport Associates, Inc. 33010. 92. Columbia Export Packers, Inc., 19032 149. Smyth Van & Storage Co. of California, 54. Pacific Consolidators, 1910 North Main South Vermont Avenue, Torrance, CA Inc. Street, Los Angeles, CA. Attention: 90502. 150. Smyth World Wide Movers, Inc. L. G. Fishell, T. M. 93. Container Transport International, Inc., 151. Sourdough Express, Inc. 55. Pacific Hawaiian Terminals, Inc., 99 One North Broadway, White Plains, 152. Sunvan and Storage Co., Inc. Mississippi Street, San Francisco, CA N Y 10601. 153. Three Ivory Bros. Moving Co., The. 94107. 94. Continental Forwarders, Inc., 105 Leon­ 154. United Van Lines, Inc. 56. Pacific Intermountain Express Co., Post ard Street, New York, NY 10013. 155. United Foreign Shipping Co. Office Box 958, Oakland, CA 94604. 95. Convan Corp., 271 Madison Avenue, New 156. Wheaton Van Lines, Inc. 57. Pan American Express, 2612 W. Division Y ork, N Y 10016. 157. World Storage & Transfer, Inc. Sig. Street, Chicago, IL 60622. 96. Davidson Forwarding Co., 3180 V Street 158. Imperial Household Shipping Co., Inc., 58. PDM, Inc., 419 Colyton Street, Los An­ NE., Washington, DC 20018. Post Office Box 20124, St. Petersburg, geles, CA 90054. 97. Delcher Intercontinental Moving Serv­ FL 33742. 59. Ponce De Leon Shipping Co., Inc., 151 ice, 262 Riverside Avenue, Jackson­ 159. Imperial Van Lines, Inc., of California,* East 126th Street, New York, NY ville, FL 32202. 2805 Columbia Street, Torrance, CA 10035. 98. De Witt Freight Forwarders, 6060 North 90503. 60. Profit by Air, Inc., 6151 West Century Figueroa Street, Los Angeles, CA 160. International Export Packers, Inc., 5360 Boulevard, Los Angeles, CA 90045. 90042. Eisenhower Avenue, Alexandria, VA 61. Puerto Rican Freight Co., Inc., Post 99. Door to Door International, 308 North­ 22304. Office Box 146, International Airport east 72d Street, Seattle, WA 98115. 161. International Sea Van, Inc., 1212 St. Branch, Miami, FL 33148. 100. Express Forw arding and Storage Co., George Road, Evansville, IN. 62. REA Express, Inc., 219 East 42d Street, Inc., 19 Rector Street, New York, NY 162. Interstate Motor Freight System, 134 New York, NY 10017. 10006. Grandville Avenue SW., Grand Rapids, 63. Rico Shipping Co., 1997 Third.Avenue, 101. Four Winds Forwarding Inc., 7035 Con­ MI 49502. New York, NY 10029. voy Court, Post Office Box 80771, San 163. Jet Forwarding, Inc., 1415 West Tor­ 64. Rodriguez Trucking, Inc., 661 Park Ave­ Diego, CA 92138. rance Boulevard, Torrance, CA 90501. nue, Brooklyn, NY 11206. 102. Garrett Forwarding Co., 2055 Pole Line 164. Karevan, Inc., Post Office Box 9240, 65. San Juan Freight Forwarders, Inc., Post Road, Pocatello, ID 83201. Queen Anne Station, Seattle, WA Office Box 2099, Carolina, PR 00630. 103. Getz Bros, and Co., Post Office Box 2230, 98109, 66. San Lorenzo Express Corp., 1548 West Wilmington, CA 90744. 165. Liberty Pac International Corp., 43 West North Avenue, Chicago, IL 60622. 104. H. C. & D. Moving and Storage, Inc., 64th Street, New York, NY 10023. 67. Sea Freight Express, Inc., 720 Tonnele Post Office Box 190, Honolulu, HI 166. Major Van Lines, Inc., 601 Ocean Ave­ Avenue, Jersey City, NJ 07307. 96810. nue, Jersey City, NJ 07305. 68. Sèa-Progress, Inc., 144-29 156 Street, 105. Higa Fast Pac, Inc., Post Office B ox 137, 167. Merchants International, Inc., 1616 First Jamaica, NY 11434. Honolulu, HI 96810. Street, SW., Washington, DC 20024. 69. Sea Trailers Express, Inc., Building 2142 106. Home Pack Transport, Inc., 57-48 49th 168. Movers’ & Warehousemen’s Association MI AD, Miami, FL. Street, M aspeth, N Y 11378. of America, Inc., agents for: Suite 107. Household Goods Carriers Bureau, 1101 Warner Building, Washington, 70. Set Forwarders, Inc., 330 Wythe Avenue, Agent, 2000 P Street, NW„ Suite 305, Brooklyn, NY 11211. DC 20004. 71. Shipcosmos Thrucontainers, Post Office Washington, DC 20036. 169. Airline Vans, Inc. Box 1205, Hato Rey, PR 00919. A gent fo r : 170. Alaska Terminals, Inc. 108. Aero Mayflower Transit Co., Inc. 171. Allstates Van Lines Corp. 72. Shippers-Encinal Express Inc., Post Of­ 109. Air Van Lihes, Inc. fice Box 5790, San Jose, CA 95150. 172. Anchor Van Lines, Inc. 110. Alaska Orient Van Service, Inc. 173. Andrews Van Lines, Inc. 73. Siegmunds, Inc., Post Office Box 1205, 111. Alaska Transfer & Storage. Hato Rey, PR 00919. 174. Arpin Van Lines, Inc., Paul. 112. Alaska Transfer, Inc. 175. Atlas Van Lines, Inc. 74. Start International, Post Office Box 113. Alaska Van and Storage Co., In c. 12264, Soulard Station, St. Louis, MO 176. Bader Bros. Van Lines, Inc. 114. Allied Van Lines, Inc. 177. Bentley’s Inc. 63157. 115. A m erican R ed B all T ransit Co., Inc. 75. Timline, 724 Northeast 2d Avenue, Mi­ 178. Cartwright Van Lines, Inc. 116. Bekins International Lines, Inc. 179. Dean Van Lines, Inc. ami, FL 33132. 117. Bekins Moving & Storage Co. (Los An­ 76. Transconex, Inc., Post Office Box 37, 180. Delcher Brothers’ Storage Co. geles, CA) 181. Dewitt Transfer and Storage Co. Miami, FL 33148. 118. Bekins Moving & Storage Co. (Seattle, 77. Transpac Container Freight, 1620 Ferro 182. Empire Household Shipping Co. of New WA) York, Inc. Street, Oakland, CA 94607. 119. Bekins Moving & Storage Co. of Hawaii, 78. Transway Corp., 2888 Valena Street, 183. Fogarty-Bros. Transfer, Inc. In c. 184. Interstate Van Lines, Inc. Honolulu, HI. 120. Bekins Van Lines Co. 185. King Van Lines, Inc. 79. Twin Express Inc., Box 3722, San Juan, 121. B urnham V an Service, Inc. PR 00936. 186. Major Van Lines, Inc. 122. B urnham W orld Forwarders, In c. 187. National Van Lines, Inc. 80. United Shipping Agents, Inc., 4527 123. Crest Forwarder, Inc. Loma Vista Avenue, Los Angeles, CA 188. Pyramid Van Lines, Inc. 124. Denali Transportation, Inc. 189. Republic Van and Storage Co., Inc. 90058. 125. Femstrom Storage and Van Co. 190. Richardson Transfer & Storage Co., Inc. 81. United States Cold Storage of California, 126. Ford Moving Vans. 1600 Donner Avenue, San Francisco, 191. Security Van Lines, Inc. 127. Furniture Forwarding, Inc. 192. Smyth Overseas Van Lines, Inc. CA 94124. 128. Global Van Lines, Inc. 193. Smyth Van & Storage Co., of California. 82. Valencia Baxt Express, Inc., Post Office 129. Global/Intemational Forwarding, Inc. Box 3886, San Juan, PR 00904. 194. Suddath Van Lines, Inc. 130. Gray Moving & Storage, Inc. 195. Trans-American Van Service, Inc. 83. Windward Marine Inc., 575 Sakett Street, , 131. Greyhound Van Lines, Inc. Brooklyn, NY 11217. 196. Trans Country Van Lines, Inc. 132. H & S W arehouse, Inc. 197. U.S. Van Lines, Inc. 84. X-Presso Parcel Service, Inc., 796 South­ 133. H olm an & Co., George B. ern Boulevard, Bronx 55, NY 198. Von Der Ahe Van Lines, Inc. 134. Husky Parcel Delivery, Inc. 199. Nevares Express Shipping, Inc., 660 85. American Ensign Van Service, Inc., Post 135. Interconex, Inc. Office Box 2270, Wilmington, CA 90744. Claremont Parkway, Bronx, NY 10457. 136. Ireland Transfer & Storage Co. 200. Northwest Consolidators, Inc., Post Of­ 86. Asiatic Forwarders, Inc., 3009 Sixteenth 137. L yon Van Lines. Street, San Francisco,- CA 94103. fice Box 3583, Terminal Annex, Seattle, 138. L yon V an & Storage Co. WA 98124. 87. Astron Forwarding Co., 75 Market Street, 139. M artin Van Lines, Inc. Post Office Box 161, Oakland, CA 94604. 201. Pacific Van & Storage Co., Inc., 1415 88. Beverly Hills Transfer & Storage Co., 140. M itchell Overseas Movers. West Torrance Boulevard, Torrance, 221 South Beverly Drive, Beverly Hills, 141. Neptune World-Wide Moving, Inc. CA 90501. CA 90212. 142. North American International, Inc. 202. Perfect Pak Co., 12169 Ventura Boule­ 89. Cargo in Containers, Inc., 2800 West 143. North American Van Lines, Inc. vard, Studio City, CA 91604. 38th Street, Chicago, IL 60632. 144. Orme Transfer, Inc. 203. Sunpak Movers, Inc., 534 Westlake Ave­ nue North, Seattle, WA 98109. 90. Cartwright International Van Lines, 145. P acific Movers. 146. Peeters Transportation Co., Inc. 204. U.C. Household Shipping Co., 4601 Inc., 11901 Cartwright Avenue, Grand­ Shattuck Avenue, Oakland, CA 94609. view, MO 64030, 147. Salt Lake Transfer Co.

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 NOTICES 3545

205. Vanpac Cariers, Inc., 2114 MacDonald 11. Total depreciated value of owned prop­going orders have been amended by sub­ Avenue, Richmond, CA 94801. erty and equipment dedicated to NVOCC sequent orders of the Commission: 206. Weeks Moving and Storage Oorp., 55 operations as of the end of Fiscal 1972. Order of April 25, 1972, 37 FR 8578, Maple Avenue, Rockville Centre, NY Amending National Gas Survey Orders 11570. 12. Total depreciated value of property and equipment leased on long term basis as Issued February 23, 1971 and April 6, A p p e n d ix B of the end of Fiscal 1972. (For the purpose 1971; Order of June 27, 1972, 37 FR 1. Name under which tariffs are filed as of this question, a long-term lease is defined 13306, Amending National Gas Survey NVOCC______as one which runs for a period covering all Orders; and Order of December 19,1972, 2. Location(s) of assembly and distribu­ or nearly all of the useful life of the leased 37 FR 28658, ^Amending National Gas tion facilities. asset.): ----.------Survey Orders. 13. Names of companies related to you by The nature and purposes of the Na­ common director (s), common officer (s), common controlling shareholder (s), or as tional Gas Survey advisory committees parent or subsidiary, type of relationship, and to be renewed are set forth in detail in type of business in which engaged. the Commission’s prior orders. As re­ 3. Period covered by fiscal y e a r ------newed, the subject committees would 4. NVOCC Gross Revenues by Trade. A Name function as set forth in those orders for Trade is defined for purposes of this ques­ Type of Relationship tion as the carriage of cargo on an estab­ the additional period as set forth above— lished domestic offshore route under the Type of Business from and after April 6, 1973, to a date not later than December 31, 1973. The terms of a tariff or tariffs on file with and 14. ICC, CAB, FMC, and local licenses regulated by the Federal Maritime Commis­ and/or operating rights held by your com­ Commission contemplates that the work sion. Domestic offshore routes are defined as pany or any of the companies listed in 13 of all advisory committees participating (A) Between any one of the four following (above). List name of company, type of in the National Gas Survey will be com­ areas of the Continental United States and license or right, and area to which it applies pleted within the calendar year 1973. one noncontiguous area of the United States, (if applicable). or (B) Between two noncontiguous areas of Hence, there will be no need or purpose the United States. Where service is offered to N a m e of these committees beyond Decem­ or from two or more areas at the same rates License or Right ber 31,1973. This extension of the Execu­ (e.g. Atlantic Coast to Puerto Rico and the A rea tive Advisory Committee and the three Virgin Islands) and listed as such in a single [FR Doc.73-2290 Filed 2-6-73:8:45 am] Technical Advisory Committees is needed tariff, the carriage of cargo to or from those for orderly conclusion of the Federal two or more areas may be treated as one Power Commission’s National Gas Sur­ domestic offshore trade for the purposes of FEDERAL POWER COMMISSION vey. The Office of Management and this question. NATIONAL GAS SURVEY ADVISORY Budget, Committee Management Secre­ (A) The four areas of the continental tariat, has ascertained that renewal of United States are: COMMITTEES (1) North Atlantic (Maine to Hatteras); the subject committees as set forth Notice of Determination and Certification above, is in accord with the requirements (2) South Atlantic (Hatteras to Key With Respect To Renewal of the Federal Advisory Committee Act, W est); 86 Stat. 770. (3) Gulf (Key West to and including F ebruary 6, 1973. Brownsville); The Chairman of the Federal Power Renewal of these committees would (4) West Coast. Commission has determined that renewal be reflected in appropriate Commission (B) The noncontiguous areas of the of the terms of the National Gas Survey orders to be issued after February 17 United States are: Executive Advisory Committee and the 1973. John N. Nassikas, (1) Alaska; (5) Midway; National Gas Survey Technical Advis­ (2) American (6) Puerto Rico; ory Committee—Supply, Technical Ad­ Chairman. Samoa; (7) U.S. Virgin visory Committee—Transmission and [FR Doc.73-2480 Filed 2-6-73;8:45 am] (3) Guam; Islands; Technical Advisory Committee—Distri­ (4) Hawaii; (8) Wake Island. bution, for the term from and after [Docket No. E-7923, etc.] Trade Fiscal 1971 Fiscal 1972 April 6,1973, to a date not later than De­ cember 31,197?, is necessary in the pub­ 5. Percentage, of- NVOCC revenues derived CONNECTICUT LIGHT & POWER CO. from carriage of household goods (separately lic interest in connection with the per­ E T AL. by trade, if applicable). formance of duties imposed on the Com­ mission by law. Notice of Applications Trade Fiscal 1971 Fiscal 1972 This notice is published pursuant to January 31,1973. 6. Total dollar amount paid to underlying Commission General Order No. 464, is­ Take notice that each of the Applicants water carriers in the domestic offshore trades. sued December 19, 1972, paragraph 4(e) listed herein has filed an application Fiscal 1971:______------and authorities therein referred to, 38 pursuant to section 205 of the Federal Fiscal 1972:______FR 1083, 1086. See also Office of Man­ Power Act and Part 35 of the regulations 7. Principal underlying water carriers used. agement and Budget Advisory Commit­ issued thereunder. (Distinguish by trade, if applicable.) tee Management, Proposed Administra­ Any person desiring to be heard or to tive Guidelines and Management Con­ make any protest with reference to said Trade Carrier trols, 38 FR 2306, 2309. applications should on or before February 8. Identify, by tariff description, the 10 The four advisory committees to be 12, 1973, file with the Federal Power commodities producing your highest NVOCC renewed were established by orders of Commission, Washington, D.C. 20426, revenues in each domestic offshore trade. the Federal Power Commission issued petitions to intervene or protests in ac­ Trade Fiscal 1971 Fiscal 1972 April 6, 1971: Order Establishing Na­ cordance with the requirements of the 9. Total tional Gas Survey Executive Advisory Commission’s rules of practice and pro­ Number of: Committee and Designating Its Mem­ cedure (18 CFR 1.8 or 1.10). All protests Fiscal 1971 Fiscal 1972 bership and Chairmanship, 36 FR 6922; filed with the Commission will be con­ NVOCC and Order Establishing National Gas sidered by it in determining the appropri­ Officers ______Survey Technical Advisory Committees ate action to be taken but will not serve NVOCC and Designating Initial Membership, 36 to make the protestants parties to the .Full Time proceeding. Persons wishing to become Employees ______FR 6922. Both orders refer to an earlier order of the Commission issued Feb­ parties to a proceeding or to participate 10. Average daily number of part time as a party in any hearing therein must employees, including gangs for consolidat­ ruary 23, 1971, Order Authorizing the Establishment of National Gas Survey file petitions to intervene in accordance ing arid stripping. (NVOCC Operations only). with the Commission’s rules. The ap­ Fiscal 1971:______Advisory Committees and Prescribing plications are on file with the Commis­ Fiscal 1972:______Procedures, 36 FR 3851. Each of the fore­ sion and available for public inspection.

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3546 3546 A pplications foe I nterconnection R a te Schedules and A m endm ents T h ereto A pplications for P urchase a nd Sale A g r e em e nt R a te Schedules a nd A m endm ents T hereto

Dockets Nos. Date Name of applicant Action Dockets Nos. Date Name of applicant Action filed filed

E-7830...... 8- 2-72 Florida Power & Light Company files 7 agreements pursuant to an order on remand E-7923...... 12-18-72 Connecticut Light & Company files Oct. 1, 1972, purchase agreement between the Co. issued as mandate by the Clerk of the U.S. Court of Appeals Power Co. Connecticut Light & Power Co., the Hartford Electric Light for the 5th Circuit, which had the effect of affirming the Com­ Co. and Western Massachusetts Electric Co. and Public mission’s opinions and orders issued Mar. 20,1967, and May Service Co. of New Hampshire, to become effective Nov. 1, 2,1967, in FPC Docket No. E-72KJ. The agreements, which 1972. Agreement provides for sales to Public Service Co. of are to become effective Apr. 21,1972, consist of the following: New Hampshire of specified percentages of capacity and (1) Statement of operating arrangement between Florida energy from 11 gas turbine generating units during the period Power & Light Co., and Florida Power Con), for intercon­ from Nov. 1, 1972, to Apr. 30, 1973, together with related nection and interchange of power, made July 1964 with transmission, service. addendum January 1966; E-7932...... 12-20-72 Wisconsin Power & Company files wholesale power contract dated Dec. 13,1972, (2) Apr. 15, 1970, contract for interchange service between Light Co. between the city of Sheboygan Falls, Wis., and the Wisconsin Florida Power & Light Co. and the city of Fort Pierce, Fla.; Power & Light Co. (3) Mar. 19,1963, contract between Florida Power & Light Co. E-7946— ...... 12-26-72 Otter Tail Power Co.-- . Company files amendment No. 11 to the electric service agree­ and city of Jacksonville, Fla., letter agreement dated June 9, ment between Otter Tail Power Co. and Minnkota Power 1971; Cooperative, Inc., dated Sept. 29, 1972, and designated (4) Mar. 6, 1972, territorial agreement and contract for inter­ Otter Tail Power Co., Rate Schedule FPC No. 126. Amend­ change service between Florida Power & Light Co. and Lake ment provides for an additional point of delivery to Minnkota, Worth Utilities Authority, city of Lake Worth, Fla.; to become effective Jan. 26,1973. (5) Mar. 29, 1971, contract for interchange service between E-7954...... 8-17-72 Southwestern Electric Company files July 5, 1972, agreement covering the sale of Florida Power & Light Co. and Orlando Utilities Commis­ Bower Co. surplus thermal energy by Southwestern Electric Power Co. sion; to Southwestern Power Administration during the period (6) Dec. 29, 1960, interchange agreement between Tampa from June 13, 1972, through Sept. 30, 1972, agreement is to Electric Co. and Florida Power & Light Co.; take effect June 13, 1972. (7) Nov. 1, 1971, territorial agreement and contract for inter­ E-7955...... 10-27-72 ...... do...... -— . Company files Sept. 27, 1972, agreement covering sale of sur- change service between Florida Power & Light Co. and the plus thermal energy by Southwestern Electric Power Co. city of Vero Beach, Fla., letter of agreement dated Oct. 12, to Southwestern Power Administration during the period , 1971. from Oct. 1, 1972, through Dec. 31, 1972, to become effective E-7931...... 12-20-72 Duquesne Light Co___- Company files Dec. 1, 1972, amendment to modification No. 2 Oct. 1,1972. to the Sept. 6,1962, facilities and operating agreement between Duquesne Light Co. and Ohio Power Co., designated E-7956...... 12-29-72 Oklahoma Gas & Company files Dec. 1, 1972, purchase and sale agreement, pro­ Electric Co. viding for Oklahoma Gas & Electric Co. to sell 150,000 kw. Duquesne Light Co. Rate schedule FPC No. 8. Amendment of capacity and accompanying energy, to Public Service permits either party to cancel modification No. 2 upon 1 year Co. of Oklahoma for-a 12-month period beginning the 1st of prior notice to the other party, to become effective Dec. 31, NOTICES the month after the Seminole No. 2 generating unit is placed 1972. in commercial operation (anticipated to be Feb. 1, 1973). E-7933...... 12-18-72 Commonwealth Company files Sept. 20, 1972, appendix A to interconnection Edison Co. and interchange agreement, dated Nov. 1, 1964, between E-7966...... 1- 5-73 Idaho Power Co...... Company files Nov. 25, 1972, agreement between Idaho Power Commonwealth Edison Co. and Central Illinois Public Co. and Utah Power & Light Co., covering the sale of peak Service Co., designated Commonwealth Edison Co. Rate power and energy to Utah at Utah Power & Light Co.’s schedule FPC No. 10. Appendix A provides for an additional Naughtpn plant near Kemmerer, Wyo., from Nov. 25, 1972, point of interconnection at 345,000 v. between the systems through Feb. 24,1973. The agreement is to take effect Nov. 25, of the 2 companies. 1972. E-7947...... 1- 2-73 Delmarva Power & Company files Oct. 20,1971, supplemental agreement and neW Light Co. schedules to the interconnection agreement, dated Nov. 29, 1967, between Delmarva Power & Light Co. and the Phila­ delphia Electric Co., designated Philadelphia Electric Co. Rate Schedule FP C No. 32 and Delmarva Power & Light Co. Rate Schedule FPC No. 36. The supplemental agreement includes a new 230 kv. line connecting the system of Phila­ delphia at Chichester substation to the Delmarva system at Keeney switching station via Claymont and Harmony, to pecome effective Oct. 20, 1971.

No. 25— Pt. I------7 FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 NOTICES 3547

A pplications F oe A gr e em e nts R ega rd in g Scheduling o r D ive rsity C apacity a n d E n e r g y Tex., all as more fully set forth in the application which is on file with the Dockets Nos. Date Name of applicant Action filed Commission and open to public inspec­ tion. Applicant states that it commenced E-7957...^-.;. 12-29-72 Oklahoma Gas & Company files Oct. 26, 1972, memorandum of agreement re­ Electric Co. garding scheduling of diversity capacity and energy among the sale of natural gas on January 19, •the 11 participants of the South Central Electric Cos. (Arkan­ 1973, within the contemplation of sas Power & Eight Co., Central Louisiana Electric Co., Inc., the Empire District Electric Co., Gulf States Utilities Co., §157.29 of the regulations under the Kansas Gas & Electric Co., Louisiana Power & Light Co., Natural Gas Act (18 CFR 157.29) and Mississippi Power & Light Co., New Orleans Public Service, that it proposes to continue said sale for Inc., Oklahoma Gas & Electric Co., Public Service Co. of Oklahoma, and Southwestern Electric Power Co.) Said 1 year from the end of the 60-day emer­ memorandum supplements the Feb. 10, 1964, coordination gency period within the contemplation agreement among the participants, and serves as authority to change the procedures during winter exchange periods of § 2.70 of the Commission’s general concerning scheduling by the operations center of diversity policy and interpretations (18 CFR 2.70). capacity and energy. E - 7 9 5 8 . . 12-29-72 Middle South Services, Company files, as agent for Mississippi Power & Light Co., Applicant proposes to sell up to 3,000 Inc. Aug. 25,1972, and Sept. 14,1972, agreements between Missis­ Mcf of gas per day at 35 cents per Mcf sippi Power & Light Co. and Tennessee Valley Authority at 14.65 p.s.i.a., subject to downward providing for a change in diversity capacity schedule, and a - change of rate in service schedule E. The change of scheduled B.t.u. adjustment, plus additional gas payback is to become effective with the winter exchange which may be available and which the periods beginning in November 1972 and 1973. E-7959______12-29-72 .do. Company files Oct. 13,1972, agreement between Southwestern purchaser may be able to take. Electric Power Co. and Middle South Services, Inc., acting It appears reasonable and consistent as agent for Arkansas Power & Light Co., providing for a change in diversity capacity schedule, and a change of rate in with the public interest in this case to service schedule E. The change of scheduled payback is to prescribe a period shorter than 15 days become effective with, the winter exchange periods beginning for the filing of protests and petitions in November 1972 and 1973. E-796Q.______12-29-72 Oklahoma Gas <& Company files Oct. 4.1972, agreement between Oklahoma Gas to intervene. Therefore, any person de­ Electric Co. & Electric Co. and Arkansas Power & Light Co., providing for siring to be heard or to make any protest a change in diversity capacity schedule, and a change of rate in service schedule E. The change of scheduled payback is with reference to said application should expected to become effective with the winter exchange periods on or before February 16, 1973, file with beginning in November 1972 and 1973. E-7961.______12-29-72 Public Service Co. of Company files Oct. 10,1972, agreement between Public Service the Federal Power Commission, Wash­ Oklahoma. Co. of Oklahoma and Southwestern Electric Power Co., ington, D.C. 20426, a petition to Inter­ providing for a change in diversity capacity schedule, and a vene or a protest in accordance with the change of rate in service schedule E. The change of scheduled payback is to become effective with the winter exchange requirements of the Commission’s rules periods beginning in November 1972 and 1973. of practice and procedure (18 CFR 1.8 E-7962______12-29-72 Gulf States Utilities Co. Company files Oct. 16, 1972, agreement among Gulf States or 1.10). All protests filed with the Com­ Utilities Co., Central Louisiana Electric Co., Inc., and Louisiana Power & Light Co., providing for a change in mission will be considered by it in deter­ diversity capacity schedule, and a change of rate in service mining the appropriate action to be schedule E. The change of scheduled payback is to become effective with the winter exchange periods beginning in taken but will not serve to make the November 1972 and 1973. protestants parties to the proceeding. Any person wishing to become a party to a proceeding or to participate as a A pplications fo r T ransmission A g r e e m e n t R a te Schedules party in any hearing therein must file a petition to intervene in accordance Dockets Noej Date Name of applicant Action filed with the Commission’s rules. Take further notice that, pursuant to E-792L-.. . 12-11-72 Connecticut Light & Company files Nov. 28, 1972, transmission agreement between the authority contained in and subject Power Co. the Connecticut Light & Power Co., the Hartford Electric to the jurisdiction conferred upon the Light Co. and Western Massachusetts Electric Co. and Federal Power Commission by section 7 Consolidated Edison Co. of New York, Inc., to become effective Nov. ' 28, 1972. Transmission service under the and 15 of the Natural Gas Act and the agreement is to last from Nov. 28,1972 to not later than Apr. Commission’s rules of practice and pro­ 13, 1973. E-7945...... 12-26-72 Otter Tail Power Co..... Company files Aug. 28, 1972, transmission line agreement cedure, a hearing will be held without between Otter Tail Power. Co. and Tri-County Electric further notice before the Commission on Cooperative, Inc., to become effective in March 1 9 7 3 , upon completion of the connection of the respective transmission this application if no petition to inter­ lines of Otter . Tail and Tri-County. vene is filed within the time required herein, if the Commission on its own re­ F iling of N otice of T e rm in ation view of the matter finds that a grant of the certificate is required by the pub­ Dockets Nosi Date Name of applicant Action lic convenience and necessity. If a peti­ filed tion for leave to intervene is timely filed, or if the Commission on its own motion E-7984-- 12-18-72 New England Power Company files notice of termination of the primary service for believes that a formal hearing is re­ Co. resale contract between New England Power Co. and the quired, further notice of such hearing Fitehburg Gas & Electric Light Co., designated Rate Schedule FPC No. 208. Said termination is to take effect will be duly given. Dec. 9,1972. Under the procedure herein provided for, unless otherwise advised, it will be unnecessary for Applicant to appear or K e n n e t h F . P l u m b , be represented at the hearing. Secretary. [FR Doc.73-2237 Filed 2-6-73;8:45 am] K e n n e t h F . P l u m b , Secretary. [Docket No. CI73-510] [FR Doc.73-2322 Filed 2-6-73;8:45 am] in Docket No. CI73-510 an application BURMONT CO. pursuant to section 7(c) of the Natural [Docket No. E-7883] Notice of Application Gas Act for a certificate of public con­ venience and necessity authorizing the CENTRAL TELEPHONE & UTILITIES CORP. F ebruary 1,1973. sale for resale and delivery of natural Notice of Application Take notice that on January 26, 1973, gas in interstate commerce to Texas F e b r u a r y 1,1973. Burmont Co. (Applicant), 1121 Ameri­ Eastern Transmission Corp. from the cana Building, Houston, Tex. 77002, filed Take notice that on August 16, 1972 Ragsdale Field Area, Lavaca County, Central Telephone & Utilities Corp. filed a

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1073 3548 NOTICES [Docket No. CI73-495] Wheeling Agreement dated June 19,1972, Power Commission, 441 G Street NW., between Central Kansas Electric Co­ Washington, DC 20426, in accordance CORBIN J. ROBERTSON, ET AL. with §§1.8 and 1.10 of the Commission’s operative, Inc., Great Bend, Kans., and Notice of Application Central Telephone & Utilities Corp., pur­ rules of practice and procedure (18 CFR suant to section 205 of the Federal Power 1.8, 1.10). All such petitions or protests F e b r u a r y 1, 1973. Act and Part 35 of the regulations issued should be filed on or before February 16, Take notice that on January 22, 1973, thereunder. 1973. Protests will *be considered by the Corbin J. Robertson, et al. (Applicants), Any person desiring to be heard or to Commission in determining the appro­ 500 Jefferson Building, Houston, Tex. make any protest with reference to said priate action to be taken, but will not 77002, filed in Docket No. CI73-495 an application should on or before Febru­ serve to make protestants parties to the application pursuant to section 7(c) of ary 16, 1973, file with the Federal Power proceeding. Any person wishing to be­ the Natural Gas Act for a certificate of Commission, Washington, D.C. 20426, pe­ come a party must file a petition to in­ public convenience and necessity au­ titions to intervene or protests in accord­ tervene. Copies of this filing are on file thorizing sales for resale and delivery of ance with the requirements of the Com­ with the Commission and are available natural gas in interstate commerce to mission’s rules of practice and procedure for public inspection. Northern Michigan Exploration Co. (18 CFR 1.8 or 1.10). All protests filed K e n n e t h F. P l u m b , (Northern Michigan) from the South with the Commission will be considered Secretary. Gibson Area and the Cherokee Area in Terrebonne Parish, La., all as more fully by it in determining the appropriate ac­ [FR Doc.73-2319 Filed 2-6-73;8:45 am] tion to be taken but will not serve to set forth in the application which is on make the protestants parties to a pro­ file with the Commission and open to ceeding. Persons wishing to become par­ [Docket No. RP71-18, etc.] public inspection. ties to a proceeding or to participate as COLUMBIA GAS TRANSMISSION CORP. Applicants are holder of small pro­ a party in any hearing therein must file AND COLUMBIA GULF TRANSMISSION ducer certificates of public convenience petitions to intervene in accordance with CO. and necessity and indicate that they the Commission’s rules. The application were planning to initiate sales for resale is on file with the Commission and avail­ Proposed Plan of Refunds of natural gas to Northern Michigan able for public inspection. F ebruary 1, 1973. under that authorization. On Decem­ ber 12,1972, in Docket No. 71-1560, et al., K e n n e t h F. P l u m b , Take notice that Columbia Gas Trans­ Secretary. mission Corp. (Columbia) (Docket No. the U.S. Court of Appeals for the Dis­ trict of Columbia Circuit ordered that [FR Doc.73-2318 Filed 2-6-73;8:45 am] RP72-37), on October 27, 1972, tendered for filing a plan of refunds to Columbia’s Commission Order No. 428, which pro­ jurisdictional customers in the amount mulgated small producer regulations, be set aside. In view of the present uncer­ [Docket No. RP71-106] of $1,273,639, as a result of refunds re­ ceived from its suppliers, based upon tain status of Applicants’ small producer CITIES SERVICE GAS CO. sales volumes for the 12 month period certificates, Applicants request the sub­ ject authorization under the optional gas Proposed Tariff Change ended July 31, 1972. The refunds re­ ceived from suppliers relate to gas pur­ pricing procedure. F e b r u a r y 1,1973. chases during some 65 different periods Applicants propose under the optional Take notice that Cities Service Gas of time, during the last 19 years, and in­ gas pricing procedure to sell natural gas Co. on January 2,1973, tendered for filing volve some 30 of Columbia’s and its pred­ to Northern Michigan at an initial rate proposed changes in its FPC Gas Tariff, ecessors’ rate proceedings. of 46.4 cents per Mcf, plus 3.3 cents per Second Revised Volume No. 1. The pro­ Columbia requests permission to de­ Mcf tax reimbursement and subject to posed increased rate would increase rev­ viate from refund flow-through proce­ upward and downward B.t.u. adjustment. enues from jurisdictional sales by $2,- dures applicable in its and its predeces­ The basic contracts for the subject sales 089,098 based on the 12-month period sors’ prior rate proceedings, and to be dated October 23, 1972, provide for 1.5 ended November 22, 1972. Cities Service permitted to flow-through these ag­ cents per Mcf annual escalations requests an effective date of February 23, gregate refunds according to the pro­ commencing on October 23, 1973, for 1973. posed plan. reimbursement to Applicants for seven- The company states that the tempo­ Copies of the refund plan have been eighths of all State of Louisiana pro­ rary rate increase of 59 cents per Mcf on mailed to each of Columbia’s jurisdic­ duction, severance, gathering and similar Fourth Revised Sheet PGA—1 is filed pur­ tional customers and interested State excise taxes either existing or to be suant to section 3 of Article X of the commissions. levied in the future, and for a term of Stipulation and Agreement approved by Any person desiring to be heard or to 20 years. the Commission’s order issued March 1, protest said application should file a Paragraphs (2) and (3) of article vni 1972, in Docket No. RP71-106, for the petition to intervene or protest with the of the contracts are indefinite pricing limited purpose of recovering the juris­ Federal Power Commission, 441 G Street clauses. Applicants state that by an dictional portion of a payment made to NW., Washington, DC 20426, in accord­ agreement dated October 23,1972, which Western Natural Gas Co. The company ance with §§1.8 and 1.10 of the Commis­ is filed in the proceeding, Northern further states that such increased rate sion’s rules of practice and procedure Michigan Exploration Co., et al., Docket is a temporary increase to be effective (18 CFR 1.8, 1.10). All such petitions or No. CI72-301, et al., Applicants have approximately 3 years and that it protests should be filed on or before Feb­ agreed to accept a certificate of public will be eliminated from the company’s ruary 16,1973. Protests will be considered convenience and necessity containing rates at such time as the company has by the Commission in determining the conditions modifying one of the clauses fully recouped the jurisdictional portion appropriate action to be taken, but will and deleting the other clause. Appli­ of the payment to Western Natural Gas not serve to make protestants parties to cants request a waiver of any further Co. together with related interest. the proceeding. Any person wishing to requirements to modify or delete such Copies of the company’s filing were become a party must file a petition to in­ clauses except to the extent set forth served on all jurisdictional customers, tervene. Columbia’s proposed plan of re­ in the October 23,1972, agreement. Addi­ interested State commissions and all funds is on file with the Commission and tionally Applicants request a waiver of parties to the proceedings in Docket No. is available for public inspection. § 2.75(b) (3) of the Commission’s general RP71-106. policy and interpretations, which requires K e n n e t h F. P l u m b , that the purchaser under an optional Any person desiring to be heard or to Secretary. protest said filing should file a petition gas pricing application be a jurisdictional to intervene or protest with the Federal [FR Doc.73-2316 Filed 2-6-73;8:45 am] pipeline. Applicants further request the

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 NOTICES 3549

Commission waive the following require­ Under the procedure herein provided High Plains and Transwestern request ments contained in § 2.75: for, unless otherwise advised, it will be certificate authorization with pregranted 1. The requirement to waive all rights unnecessary for Applicant to appear or abandonment authorization to exchange to seek future rate increases under sec­ be represented at the hearing. natural gas from February 1, 1973, to tion 4 of the Natural Gas Act with re­ April 1, 1973, and from December 1,1973, spect to the contracts submitted, other K e n n e t h F . P l u m b , Secretary. to April 1, 1974 pursuant to an Emer­ than price escalations, if any, as certifi­ gency Exchange Agreement between the cated by the Commission insofar as this [PR Doc.73-2315 Filed 2-6-73;8:45 am] parties dated January 15, 1973. It is requirement may conflict with the pric­ stated that pursuant to such agreement ing clauses in paragraphs (2) and (3) [Docket No. E-7976] Transwestem will deliver to High Plains of the subject contracts; up to i,000 Mcf of natural gas per day at 2. The requirement to waive all rights GULF STATES UTILITIES CO. a point on Transwestem’s 4-inch pipe­ to contingent adjustment of flowing gas Proposed Changes in Rates and Charges line near Spearman, Hansford County, rates as provided by the Commission in Tex., and that within 30 days from the F e b r u a r y 1, 1973. area rate decisions heretofore decided, date of such delivery High Plains will for flowing gas which Applicants produce Take notice that Gulf States Utilities redeliver, by displacement, a volume of in the same geographical pricing area as Co. (GSU) tendered for filing on Jan­ gas equivalent to 105. percent of the the pricing area of the production cov­ uary 15, 1973, proposed changes in its B.t.u.’s received by High Plains. It is ered by the application; and Rate Schedule 423. The filing consists of further stated that the redelivery of gas 3. The requirement that the reserves an agreement for electric service with by High Plains to Transwestern will take covered by this Application cannot be the Town of Rayne, La., increasing esti­ place at Warren Petroleum Co.’s (War­ used to reduce refund obligations of Ap­ mated annual revenues by $30,000. ren) Sitter Plant located near Magic plicants in accordance with ordering GSU states that the present delivery City, Wheeler County, Tex., where Trans­ paragraph (G) of Opinion No. 598. voltage of 13,200 volts is temporary, and western is currently purchasing gas from Applicants also request that this ap­ will be changed to 69,000 volts in 1973 Warren. plication be consolidated with the pro­ when equipment is available. It also Applicants state that approximately ceeding pending in Docket No. CI72-301, stated that GSU shall not be required 4,000 feet of 2%-inch line will be con­ et al. to furnish, nor the Town of Rayne en­ structed at the delivery point in order Applicants assert that the price pro­ titled to take, more than 1,000 kw. of to effectuate the proposed exchange. It posed herein was competitive with the electric power at any time. The agree­ is also stated that such pipeline will cost intrastate price in the State of Louisiana ment cites an effective date not later approximately $6,000, to be financed by at the time of the execution of the con­ than May 15, 1972. High Plains from cash on hand. tracts, that the price proposed is con­ Any person desiring to be heard or to It is stated that the proposed ex­ siderable lower than those for alternative protest said filing should file a petition change will alleviate the severe need for gas supplies, and that estimated of the to intervene or protest with the Federal peaking gas by High Plains, in a man­ costs of synthetic gas from coal, Alaskan Power Commission, 441 G Street NW., ner that will not be detrimental to Trans­ gas, and Canadian gas imports are, like­ Washington, DC 20426, in accordance westem’s supply situation or its obliga­ wise, higher than the price proposed with §§1.8 and 1.10 of the Commission’s tions to its customers. herein. rules of practice and procedure (18 CFR Applicants state that the exchange Any person desiring to be heard or 1.8, 1.10). All such petitions or protests agreement is conditioned upon certifica­ to make any protest with reference to should be filed on or before February 16, tion by the Commission on or before said application should on or before 1973. Protests will be considered by the March 1, 1973. February 21, 1973, file with the Federal Commission in determining the appro­ It appears reasonable and consistent Power Commission, Washington, D.C. priate action to be taken, but will not with the public interest in this case to 20426, a petition to intervene or a pro­ serve to make protestants parties to the prescribe a period shorter than 15 days test in accordance with the requirements proceeding. Any person wishing to be­ for the filing of protests and petitions of the Commission’s rules of practice and come a party must file a petition to in­ to intervene. Therefore, any person desir­ procedure (18 CFR 1.8 or 1.10). All pro­ tervene. Copies of this filing are on file ing to be heard or to make any protest tests filed with the Commission will be with the Commission and are available with reference to said application should considered by it in determining the ap­ for public inspection. on or before February 16, 1973, file with propriate action to be taken but will not K e n n e t h F . P l u m b , the Federal Power Commission, Wash­ serve to make the protestants parties to Secretary. ington, D.C^20426, a petition to intervene the proceeding. Any person wishing to [FR Doc.73-2324 Filed, 2-6-73;8:45 am] or a protest in accordance with the re­ become a party to a proceeding or to par­ quirements of the Commission’s rules of- ticipate as a party in any hearing therein practice and procedure (18 CFR 1.8 or must file a petition to intervene in ac­ [Docket No. CP73-191] 1.10) and the regulations under the Nat­ cordance with the Commission’s rules. HIGH PLAINS NATURAL GAS CO. AND ural Gas Act (18 CFR 157.10). All pro­ Take further notice that, pursuant to TRANSWESTERN PIPELINE CO. tests filed with the Commission will be the authority contained in and subject to considered by it in determining the ap­ the jurisdiction conferred upon the Fed­ Notice of Application propriate action to be taken but will not eral Power Commission by sections 7 and F e b r u a r y 1, 1973. serve to make the protestants parties to 15 of the Natural Gas Act and the Com­ Take notice that on January 22, 1973, a proceeding. Any person wishing to be­ mission’s rules of practice and procedure, High Plains Natural Gas Co. (High come a party to a proceeding or to par­ a hearing will be held without further Plains), Post Office Box 777, Canadian, ticipate as a party in any hearing therein notice before the Commission on this TX 79041, and Transwestern Pipeline Co. must file a petition to intervene in ac­ application if no petition to intervene is (Transwestem), Post Office Box 2521, cordance with the Commission’s mies. filed within the time required herein, if Houston, T X 77001, filed in Docket No. Take further notice that, pursuant to the Commission on its own review of the CP73—191, a joint application pursuant to the authority contained in arjd subject matter finds that a grant of the certifi­ section 7 (c) of the Natural Gas Act .for to the jurisdiction conferred upon the cate is required by the public conven­ a certificate of public convenience and Federal Power Commission by sections 7 ience and necessity. If a petition for leave necessity authorizing the exchange of and 15 of the Natural Gas Act and the to intervene is timely filed, or if the natural gas and the construction and Commission's rules of practice and pro­ operation of facilities therefor, all as cedure, a hearing will be held without Commission on its own motion believes more fully set forth in the application further notice before the Commission on that a formal hearing is required, further which is on file with the Commission and notice of such hearing will be duly given. this application if no petition to inter-, open to public inspection. vene is filed within the time required

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3550 NOTICES ern’s system dining the term of the Service of intervener evidence, March 1, herein, if the Commission on its own re­ 1973. view of the matter finds that a grant contract. Service of company rebuttal, March 22, of the certificate is required by the public It is stated that Applicant began a 60- 1973. convenience and necessity. If a petition day emergency sale to Texas Eastern on Commencement of hearing, April 10, 1973. for leave to intervene is timely filed, or January 1, 1973, pursuant to § 157.29 of if the Commission on its own motion be­ the regulations under the Natural Gas K e n n e t h F . P l u m b , lieves that a formal hearing is required, Act (18 CFR 157.29). Secretary. further notice of such hearing will be Any person desiring to be heard or to [FR Doc.73-2317 Filed 2-6-73;8:45 am] duly given. make any protest with referêhpe to said application should on or before Feb­ Under the procedure herein provided [Docket No. CP73-195] for, unless otherwise advised, it will be ruary 26, 1973, file with the Federal unnecessary for Applicants to appear or Power Commission, Washington, D.C. NATURAL GAS PIPELINE COMPANY OF be represented at the hearing. 20426, a .petition to intervene or a pro­ AMERICA test in accordance with the requirements Notice of Application K e n n e t h P . P l u m b , of the Commission’s rules of practice and Secretary. procedure (18 CFR 1.8 or 1.10). All pro­ F ebru ary" ! , 1973. [F R Doc.73-2326 Filed 2-6-73;8:45 am ] tests filed with the Commission will be Take notice that on January 26, 1973, considered by it in determining the ap­ Natural Gas Pipeline Company of Amer­ propriate action to be taken but will not ica (Applicant), 122 South Michigan [Docket No. CI73-501] serve to make the protestants parties to Avenue, Chicago, IL 60603, filed in Docket THE LOUISIANA LAND AND the proceeding. Any person wishing to No. CP73-195 an application pursuant to EXPLORATION CO. become a party to a proceeding or to section 7(c) of the Natural Gas Act for participate as a party in any hearing a certificate of public convenience and Notice of Application therein must file a petition to intervene necessity authorizing Applicant to con­ F e b r u a r y 1, 1973. in accordance with the Commission’s tinue the sale of natural gas in interstate Take notice that on January 22, 1973, rules. commerce to Arkansas Louisiana Gas The Louisiana Land and Exploration Co. Take further notice that, pursuant to Co., from the North Lansing Field, Har­ (Applicant), 225 Baronne Street, Post the authority contained in and subject to rison County, Tex., at the rate of 19.1 Office Box 60350, New Orleans, LA 70160, the jurisdiction conferred upon the Fed­ cents per Mcf at 14.65 p.s.i.a. heretofore filed in Docket No. CI73-501 an applica­ eral Power Commission by sections 7 and authorized in Docket No. G-3894 to be tion pursuant to section 7(c) of the 15 of the Natural Gas Act and the Com­ made pursuant to Atlantic Richfield Co. Natural Gas Act and § 2.75 of the Com­ mission’s rules of practice and procedure, FPC Gas Rate Schedule No. 24, all as mission’s general policy and interpreta­ a hearing will be held without further more fully set forth in the application tions (18 CFR 2.75) for a certificate of notice before the Commission on this ap­ which is on file with the Commission and public convenience and necessity author­ plication if no petition to intervene is open to public inspection. izing the sale for resale and delivery of filed withjn the time required herein, if Any person desiring to be heard or to natural gas in interstate commerce to the Commission on its own review of the make any protest with reference to said Texas Eastern Transmission Corp. matter finds that a grant of the certif­ application should on or before Febru­ (Texas Eastern) from the Caillou Island icate is required by the public conven­ ary 26, 1973, file with the Federal Power and Lake Raccourci Fields, Lafourche ience and necessity. If a petition for leave Commission, Washington, D.C. 20426, a and Terrebonne Parishes, La., all as to intervene is timely filed, or if the Com­ petition to intervene or a protest in more fully set forth in the application mission on its own motion believes that accordance with the requirements of the which is on file with the Commission and a formal hearing is required, further no­ Commission’s rules of practice and pro­ open to public .inspection. tice of such hearing will be duly given. cedure (18 CFR 1.8 or 1.10) and the Applicant proposes under the optional Under the procedure herein provided regulations under the Natural Gas Act pricing procedure to sell approximately for, unless .otherwise advised, it will be (18 CFR 157.10). All protests filed with 750,000 Mcf of natural gas per month unnecessary for Applicant to appear or the Commission will be considered by it to Texas Eastern pursuant to a Decem­ be represented at the hearing. in determining the appropriate action to be taken but will not serve to make the ber 27,1972, contract between the parties. K e n n e t h F. P l u m b , The proposed sale will be at an initial Secretary. Protestants parties to the proceeding. Any person wishing to become a party rate of 50 cents per Mcf at 15.025 p.s.i.a. [FR Doc.73-2323 Filed 2-6-73;8:45 am] subject to upward and downward B.t.u. to a proceeding or to participate as a adjustment. The subject contract pro­ party in any hearing therein must file a vides for yearly price escalations of 2 [Docket No. RP72-132] petition to intervene in accordance with cents per Mcf until the expiration of the the Commission’s rules. contract on December 28, 1990, or such NATURAL GAS PIPELINE COMPANY OF Take further notice that, pursuant to extended period as may be required to AMERICA the authority contained in and subject make up volumes of deferred gas. The Further Extension of Time to the jurisdiction conferred upon the Federal Power Commission by sections subject contract also provides price ad­ F e b r u a r y 1, 1973. justments allowing for the recovery of 7 and 15 of the Natural Gas Act and the new or increased taxes and dehydration On January 26,1973, Natural Gas Pipe­ Commission’s rules of practice and pro­ and compression costs. Applicant re­ line Company of America filed a motion cedure, a hearing will be held without quests that it be permitted to abandon to suspend procedural dates (pending further notice before the Commission on the proposed sale concurrently with the filing of proposed settlement) as estab­ this application if no petition to inter­ termination of the related contract. lished by the order issued June 30, 1972 (37 FR 13579), in the above-designated vene is filed within the time required Applicant asserts that the initial price matter as amended by notices issued herein, if the Commission on its own proposed herein, with adjustments, is review of the matter finds that a grant substantially lower than prices for base October 10, 1972, October 27, 1972 (37 load sales of liquefied natural gas or syn­ FR 23378), November 28, 1972 (37 FR of the certificate is required by the public thetic gas for which applications are 25882), and January 4, 1973 (38 FR convenience and necessity. If a petition pending or have been approved by the 1412). The motion states that staff has for leave to intervene is timely filed, or Commission. Applicant also states that no objection to this motion. if the Commission on its own motion Texas Eastern is faced with an increas­ Upon consideration, notice is hereby believes that a formal hearing is re­ ingly critical shortage of natural gas and quired, further notice of such hearing the proposed sale will assist in meeting given that the procedural dates in the the firm demands for gas on Texas East- above matter are modified as follows: will be duly given.

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 NOTICES 3551

Under the procedure herein provided Under the procedure herein provided Schedule FPC No. 60), Metropoliton Edi­ for, unless otherwise advised, it will be for, unless otherwise advised, it will be son Co. (Met-Ed) (Rate Schedule FPC unnecessary for Applicant to appear or unnecessary for Applicant to appear or No. 39), West Penn Power Co. (Rate be represented at the hearing. be represented at the hearing. Schedule FPC No. 26), The Potomac Edi­ K enneth P. P lxjmb, K enneth F. P lumb, son Company of Pennsylvania (Rate Secretary. Secretary. Schedule FPC No. 13), and the Potomac Edison Co. (Rate Schedule FPC No. 31). [FR Doc.73-2321 Filed 2-6-73;8:45 am] [FR Doc.73-2320 Filed 2-6-73;8:45 am] The tendered filing is described in Penelec’s letter of transmittal as follows: [Docket No. CP73-196] [Docket No. E-7855] The. revised schedules reflect a change NATURAL GAS PIPELINE COMPANY OF NEW ENGLAND POWER SERVICE CO. brought about in the Carroll-Lincoln Inter­ AMERICA connection as defined in Schedules 2 and 5, Notice of Application Notice of Application both dated June 20, 1968, and presently filed F ebruary 1, 1973. with the Commission. This change reflects Met-Ed’s tapping of its section of the Carroll- F ebruary 1,1973. Take notice that on December 1, 1972, Take notice that on January 26, 1973, Lincoln 138 kv. line for its Germantown sub­ New England Power Service Co. filed two station and the relocation of the 138/115 Natural Gas Pipeline Company of Amer­ contracts dated August 15, 1972, pur­ kv. auto transformer to Germantown, at a ica (Applicant), 122 South Michigan suant to section 205 of the Federal Power .point 7.6 miles from Lincoln substation. This Avenue, Chicago, IL 60603, filed in Docket Act and Part 35 of the regulations issued interconnection is redesignated the Carroll- No. CP73-196 an application pursuant to thereunder. Said contracts provide for Germantown Interconnection. section 7(c) of the Natural Gas Act for the purchase by Bangor Hydro-Electric In addition, the revised schedules reflect a certificate of public convenience and Penelec’s and West Penn’s installation of Co. and Montaup Electric Co. of quanti­ additional facilities at the Shingletown sub­ necessity authorizing Applicant to con­ ties of capacity and related energy from tinue the sale of natural gas in interstate station as defined formerly in Schedule 1, the fourth unit of the Salem Harbor Sta­ Revision 2, page 4 of 4, and Schedule 3, Re­ commerce to Arkansas Louisiana Gas tion of New England Power Service Co. vision 2, page 3 of 3, both dated June 12, Co. and H. L. Hunt, et al., from the North Deliveries under the contracts are to be 19691 and presently filed with the Commis­ Lansing Field, Harrison County, Tex., made at the step-up transformer at the sion. This change reflects Penelec’s extension at the rate of 19.1 cents per Mcf at 14.65 fourth unit of the Salem Harbor Station, of its 230 kv structure to enable West Penn p.s.i.a. heretofore authorized in Docket to install a second 125 MVA, 230-46 kv three and New England Power Service Co. will phase transformer. No. G-11229 to be made pursuant to At­ transmit the power to its interconnection lantic Richfield Co. FPC Gas Rate Sched­ With respect to the Carroll-Germantown points with Public Service Company of Interconnection, it is requested, in accord­ ule Nos. 384 and 387, respectively, all as New Hampshire under the Bangor con­ ance with Part 35.11 of the Commission’s more fully set forth in the application tract and to its interconnection points regulations under the Federal Power Act, which is on file with the Commission and with Montaup Electric Co. under the that the Commission waive the 30 day notice open to public inspection. Montaup contract. New England Power requirement and permit the revisions in Any person desiring to be heard or to Service Co. requests the contracts be­ Schedules 2 and 5 to become effective Octo­ make any protest with reference to said come effective September 1, 1972. ber 11, 1972, the date that the facilities were application should on or before Febru­ ready for service. Any person desiring to be heard or to With respect to West Penn’s installation of ary 26, 1973", file with the Federal Power make any protest with reference to said additional facilities at the Shingletown sub­ Commission, Washington, D.C. 20426, a application should on or before Febru­ station and the charges associated with the petition to intervene or a protest in ary 14, 1973, file with the Federal Power investment, it is requested that Schedules accordance with the requirements of the Commission, Washington, DC 20426, pe­ 1, 3 and 7 become effective February 1, 1973. Commission’s rules of practice and pro­ titions to intervene or protests in ac­ In addition, West Penn’s payments to Pene­ cedure (18 CFR 1.8 or 1.10) and the cordance with the requirements of the lec will increase by $246 per month for regulations under the Natural Gas Act Penelec’s additional investment at Shingle­ Commission’s rides of practice and pro­ town. (18 CFR 157.10). All protests filed with cedure (18 CFR 1.8 or 1.10). All protests the Commission will be considered by it filed with the Commission will be con­ Copies of the filing were served on the in determining the appropriate action to sidered by it in determining the appro­ parties to the Interconnection Agree­ be taken but will not serve to make the priate action to be taken but will not ment. Protestants parties to the proceeding. serve to make the protestants parties to Any person wishing to become a party the proceeding. Persons wishing to be­ Any person desiring to be heard or to to a proceeding or to participate as a come parties to a proceeding or to par­ protest said filing should file a petition party in any hearing therein must file a ticipate as a party in any hearing to intervene t>r protest with the Federal petition to intervene in accordance with therein must file petitions to intervene Power Commission, 441 G Street NW., the Commission’s rules. in accordance with the Commission’s Washington, DC 20426, in accordance Take further notice that, pursuant to rules. The application is on file with the with §§ 1.8 and 1.10 of the Commission’s the authority contained in and subject Commission and available for public to the jurisdiction conferred upon the inspection. rules of practice and procedure (18 CFTR Federal Power Commission by sections K enneth F. P lumb, 1.8, 1.10). All such petitions or protests 7 and 15 of the Natural Gas Act and the Secretary. should be filed on or before February 8, Commission’s rules of practice and pro­ [FR Doc.73-2325 Filed 2-6-73;8:45 am] 1973. Protests will be considered by the cedure, a hearing will be held without Commission in determining the appro­ further notice before the Commission on priate action to be taken, but will not this application if no petition to inter- * [Docket No. E-7941] serve to make protestants parties to the vene is filed within the time required PENNSYLVANIA ELECTRIC CO. herein, if the Commission on its own proceeding. Any person wishing to be­ review of the matter finds that a grant Proposed Changes in Rates and Charges come a party must file a petition to of the certificate is required by the public February 1, 1973. interYene. Copies of this filing are on convenience and necessity. If a, petition Take notice that Pennsylvania Electric file with the Commission and are avail­ for leave to intervene is timely filed, or Co. (Penelec) on December 29, 1972, able for public inspection. if the Commission on its own motion tendered for filing proposed revised believes that a formal hearing is re­ schedules to the 115 kv., 138 kv., and 230 K enneth F. P lumb, quired, further notice of such hearing kv. Interconnection Facilities Agreement, Secretary. will be duly given. dated June 20,1968, among Penelec (Rate [FR Doc.73-2314 Filed 2 -6 -7 3 ;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3552 NOTICES FEDERAL RESERVE SYSTEM POSTAL RATE COMMISSION of the fiscal year has total assets ex­ ceeding $1 million and a class of equity ALABAMA FINANCIAL GROUP, INC. [D ocket No. M C73-1] securities held of record initially by 500 Acquisition of Bank REQUESTS FOR LIMITED PARTICIPATION or more persons. Registration is termi­ nated 90 days after the Issuer files a The Alaama Financial Group, Inc., Notice Establishing Time for Filing certification with the Commission that Birmingham, Ala., has applied for the F ebruary 6, 1973. the number of holders of the registered Board’s^ approval under section 3(a) (3) On January 30, 1973, the Commission class of securities is fewer than 300 per­ of the Bank Holding Company Act (12 noticed this proceeding and provided sons. U.S.C. 1842(a) (3)) to acquire 80 percent that petitions for leave to intervene Section 12(h) empowers the Commis­ or more of the voting shares of the suc­ should be filed by February 26 (38 FR sion to exempt, in whole or in part, any cessor by merger to First National Bank 2800). Thereafter, on February 5, the issuer or class of issuers from the reg­ of Anniston, Anniston, Ala. The factors Commission adopted new rules providing istration, periodic reporting, and proxy that are considered in acting on the a means for persons to participate in solicitation sections of the Act, if the application are set forth in section 3(c) Commission proceedings without becom­ Commission finds by reason of the num­ of the Act (12 U.S.C. 1842(c)) . ing full parties. These rules are published ber of public investors, amount of trad­ The application may be inspected at elsewhere in this issue of the F ederal ing interest in the securities, the nature the office of the Board of Governors or R egister. and extent of the activities of the issuer, at the Federal Reserve Bank of Atlanta. In the case of persons who wish to income or assets of the issuer, or other­ A n y person wishing to comment on the appear in Commission proceedings on a wise, that such exemption is not incon­ application should submit his views in limited basis, the new rules can ease the sistent with the public interest or the writing to the Secretary, Board of Gov­ expense of participation. Such “limited protection of investors. ernors of the Federal Reserve System, participators” may present evidence, The application of the Company states Washington, D.C. 20551, to be received cross-examine, and file briefs before the in part: not later than February 26, 1973. administrative law judge. They will not, The Company, a Texas corporation, Board of Governors of the Federal Re­ however, be required to answer inter­ and a subsidiary of the Sam P. Wallace serve System, January 30, 1973. rogatories, to produce documents, or Co., Inc., is engaged in a plan of com­ otherwise be subject to discovery pro­ plete liquidation following the authoriza­ [ seal] M ichael A. G reenspan, cedures. tion of such plan by its shareholders on Assistant Secretary The effects of the new “limited par­ October 30, 1972. Pursuant to such au­ of the Board. ticipator” rules are spelled out in the thorization thef Company and its sub­ [PR Doc.73-2304 Filed 2-6-73;8:45 am] Preamble to those rules. sidiaries sold substantially all of their If any person desires to be heard in assets to Lone Star Energy Co. The Com­ this proceeding as a “limited participa­ pany now has no business or operations GRANDCO BANCORPORATION tor,” that person should file a request and is currently in the process of com­ Acquisition of Bank to do so with the Secretary, Postal Rate pleting its liquidation. Commission, Washington, D.C. 20268, There is no public market for the Com­ Grandco Bancorporation, Granby, on or before February 26, 1973. Any per­ Colo., has applied for the Board’s ap­ pany’s common stock and there has not son who has filed or has taken steps to been such a market for more than a proval under section 3(a)(3) of the file a petition to intervene may signify by year. The Company’s stock transfer books Bank Holding Company Act (12 U.S.C. a letter that he wishes to be granted 1842(a)(3)) to acquire 49.6 percent or have been permanently closed in con­ limited participation under the new rules, templation of completion of the more of the voting shares of the Bank rather than full intervention. Such let­ of Winter Park, Hideaway Park, Colo. liquidation. ters should be filed promptly with the For a more detailed statement of the The factors that are considered in act­ Secretary. ing on the application are set forth in information presented, all persons are section 3(c) of the Act (12 U.S.C. 1842 By the Commission. referred to said application which is on file in the offices of the Commission at (O). Joseph A. F isher, 500 North Capitol Street NW., Wash­ Grandco Bancorporation is also en­ Secretary. gaged in the following nonbank activi­ ington, D.C. ties: Acting as insurance agent in a [FR Doc.73-2516 Filed 2-6-73;8:45 am] Notice is further given that any in­ com m unity of lesg than 5,000 people. terested person not later than Febru­ In addition to the factors considered SECURITIES AND EXCHANGE ary 25, 1973, may submit to the Com­ under section 3 of the Act (banking fac­ COMMISSION mission in writing his views or any tors), the Board will consider the pro­ substantial facts bearing on this appli­ posal in the light of the company’s [F ile No. 81-125] cation or the desirability of a hearing thereon. Any such communication or nonbanking activities and the provisions CENTRAL ENERGY CORP. and prohibitions in section 4 of the Act request should be addressed: Secretary, Notice of Application and Opportunity for Securities and Exchange Commission, (12U.S.G 1843). Hearing 500 North Capitol Street NW., Washing­ The application may be inspected at J anuary 31,1973. ton, DC 20549, and should state briefly the office of the Board of Governors or the nature of the interest of the person at the Federal Reserve Bank of Kansas Notice is hereby given that Central submitting such information or request­ City. Any person wishing to comment on Energy Corp. (the Company) has filed an ing the hearing, the reason for such re­ the application should submit his views application pursuant to section 12(h) of quest, and the issues of fact and law in writing to the Secretary, Board of the Securities Exchange Act of 1934, as raised by the application which he de­ Governors of tlie Federal Reserve Sys­ amended (the A ct), for an order exempt­ sires to controvert. At any time after tem, Washington, D.C. 20551, to be re­ ing the Company from the registration said date, an order granting the appli­ provisions of section 13 of the Act. ceived not later than February 26, 1973. cation may be issued upon request or Section 12(g) of the Act requires the upon the Commission’s own motion. Board of Governors of the Federal Re­ registration of the equity securities of serve System, January 29, 1973. every issuer which is engaged in a busi­ By the Commission. ness affecting interstate commerce, or [ seal] M ichael A. G reenspan, [seal] R onald F. H unt, whose securities are traded by use of the Secretary. Assistant Secretary of the Board. mails or any means or instrumentality of [FR Doc.73-2305 Filed 2-6-73;8:45 am] interstate commerce, and on the last day [FR Doc.73-2302 Filed 2-6-73; 8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 NOTICES 3553

[Pile No. 1-4848] Notification of Registration. On that For the Commission by the Division GUARDIAN PACKAGING CORP. same date, Applicant filed a Form of Investment Management Regulation, N-8B-1 Registration Statement under Notice of Application To Withdraw from pursuant to delegated authority. Listing and Registration the Act together with a Form S-5 Regis­ tration Statement under the Securities [seal] R onald F. H unt, F ebruary 1,1973. Act of 1933 (1933 A ct), which 1933 Act Secretary. The above named issuer has filed an Registration Statement became effective [PR Doc.73-2301 Piled 2-6-73;8:45 am] application with the Securities and Ex­ on February 25, 1972. As of the effective change Commission pursuant to section date, the only investors in the Fund were SMALL BUSINESS ADMINISTRATION 12(d) of the Securities Exchange Act of the 11 tax-exempt organizations who [Delegation of Authority No. 30—Region IV; 1934 and Rule 12d2-2(d) promulgated provided the initial capital of $100,000. Arndt. 2] thereunder, to withdraw the specified Since February 25, 1972, only 2,877.201 security from listing and registration on shares of Applicant’s c o m m o n stock were CHIEF, REGIONAL FINANCING DIVISION, the Pacific Coast Stock Exchange. sold to five tax-exempt organizations E T AL. The reasons alleged in the application pursuant to the 1933 Act Registration Delegation of Authority To Conduct Pro­ for withdrawing this security from list­ Statement. gram Activities In the Field Offices ing and registration include the The application states, among other following: things, that between June 30, 1972, and Delegation of Authority No. 30—JV (37 Management of issuer believes (1) that December 7, 1972, all of the investors FR 17603), as amended (38 FR 1159), is a broader market for its common stock (both the 11 organizations providing the hereby further amended by revising will develop if the common stock is traded initial capital and the five organizations Parts n and VUE in their entirety. This in the over-the-counter market rather from the public) redeemed all of their amendment more clearly defines certain than on the Pacific Coast Stock Ex­ shares of Applicant’s stock; that Appli­ authorities, eliminates reference to class change (PCSE); (2) that the fact that cant is no longer engaged in selling its B disasters; and includes authority to commissions must be paid,to a PCSE shares to the public or elsewhere; that contract for local credit bureau services member firm which executes orders in as of December 13, 1972, Applicant has and loss verification services. shares of issuer’s stock on the Exchange distributed all of its assets and is now P art H —D isaster P rogram discourages trading in shares of issuer’s in the process of dissolution under the stock by other than PCSE members. laws of the State of Maryland; and that Section A. Disaster Loan Authority. Any interested person may, on or be­ Applicant has ceased to engage in any 1. To decline direct disaster and im­ fore February 20, 1973, submit by letter way in the business of investing, re­ mediate participation disaster loans in to the Secretary of the Securities and investing, or trading in securities. any amount and to approve such loans Exchange Commission, Washington, D.C. Section 8(f) of the Act provides, in up to the total SBA funds of (1) $50,000 20549, facts bearing upon whether the pertinent part, that when the Commis­ per household for repairs or replacement application has been made in accordance sion, upon application, finds that a regis­ of the home and/or not to exceed an with the rules of the exchange and what tered investment company has ceased to additional $10,000 allowable for house­ terms, if any, should be imposed by the be an investment company, it shall so hold goods and personal items, but in no Commission for the protection of in­ declare by order, and upon the taking event may the money loaned for physical vestors. An order granting the applica­ effect of such order the registration of loss or damage exceed $55,000 for a single tion will be issued after the date such company shall cease to be in effect. disaster on home loans, except for funds to refinance prior liens or mortgages, mentioned above, on the basis of the ap­ Notice is further given that any in­ plication and any other information fur­ which may be approved in addition to terested person may, not later than Feb­ the foregoing limits for amounts up to nished to the Commission, unless it ruary 23,1973, at 5:30 p.m., submit to the orders a hearing on the matter. Commission in writing a request for a $50,000; and (2) $50,000 on disaster busi­ ness loans (excluding displaced business For the Commission, by the Division hearing on the matter accompanied by loans, coal mine health and safety, oc­ of Market Regulation, pursuant to dele­ a statement as to the nature of his inter­ cupational safety and health, and eco­ gated authority. est, the reason for such request, and the issues, if any, of fact or law proposed to nomic injury disaster loans in connection Eseai.] R onald F. H unt, be controverted, or he may request that with declarations made by the Secretary Secretary. he be notified if the Commission should of Agriculture for natural disasters) ex­ cept to the extent of refinancing of a [PR Doc.73-2300 Filed 2-6-73:8:45 am] order a hearing thereon. Any such com­ munication should be addressed: Secre­ previous SBA disaster loan: tary, Securities and Exchange Commis­ (a) Chief and Assistant Chief, Regional [811-2135] sion, Washington, D.C. 20549. A copy of Financing Division. PENSION INVESTMENT FUND, INC. such request shall be served personally (b) District Director. (c) Chief, District Financing Division. Notice of Filing of Application for an Order or by mail (air mail if the person being (d) Branch Manager, Gulfport, Miss., Declaring Company Has Ceased To Be served is located more than 500 miles B ranch Office. an Investment Company from the point of mailing) upon Appli­ (e) Disaster Branch Manager, as assigned. cant at the address stated above. Proof Notice is hereby given that Pension Di­ of such service (by affidavit, or in case of 2. To decline direct disaster and im­ vestment Fund, Inc. (Applicant), 1845 an attorney-at-law, by certificate) shall mediate participation disaster loans (ex­ Walnut Street, Philadelphia, PA 19103, a be filed contemporaneously with the re­ cluding displaced business loans, coal Maryland corporation registered as a di­ quest. At any time after said date, as mine health and safety, occupational versified, open-end management com­ provided by Rule 0-5 of the rules and safety and health, and economic injury pany under the Investment Company Act regulations promulgated under the Act, disaster loans in connection with decla­ of 1940 (Act), has filed an application an order disposing of the application may rations made by the Secretary of Agri­ pursuant to section 8 (f) of the Act for an be issued by the Commission upon the culture for natural disasters) in any order of the Commission declaring that basis of the information stated in the amount and to approve such loans up Applicant has ceased to be an invest­ application, unless an order for hearing to the total SBA funds of $50,000: None. ment company as defined in the Act. All upon said application shall be issued 3. To decline disaster guaranteed interested persons are referred to the upon request or upon the Commission’s loans in any amount and to approve application on file with the Commission own motion. Persons who request a hear­ such loans up to an SBA guarantee of for a statement of the representations ing, or advice as to whether a hearing is the following amounts: contained therein, which are summarized ordered, will receive notice of further below. developments in this matter, including (a) Chief and Assistant Chief, Re­ Applicant registered under the Act on the date of the hearing (if ordered) and gional Financing Division __ $500,000 October 22, 1970, by filing a Form N-8A (b) Supervisory Loan Officer, Re­ any postponements thereof. gional Financing Division___ $500,000

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 No. 25— Pt. 3554 NOTICES

(c) District Director______500,000 contract for printing (Government A public hearing in connection with (d) Chief, District Financing sources only); contract for services re­ this investigation will be held beginning Division ______350,000 quired in setting up and dismantling and at 10 a m., e.s.t. on Tuesday, February 27, 4. To appoint as a processing rep­moving SBA exhibits; and issue Govern­ 1973, in the Hearing Room, U.S. Tariff resentative any bank in the disaster'' ment bills of lading pursuant to chapter Commission Building, Eighth and E area: None. 4 of title 41, United States Code, as Streets NW., Washington, D.C. Requests S ec. B. Administrative. Authority. I. amended, subject to the limitations con­ for appearances at the hearing should Establishment of Disaster Field Offices, tained in section 257 (a) and (b) of that be received by the Secretary of the Tar­ (a) To establish field offices upon re­ chapter. iff Commission, in writing, at his office ceipt of advice of the designation of a (a) Chief, Regional Administrative Divi­ in Washington, D.C., not later than disaster area and to close disaster field sion. noon, Thursday, February 22,1973. offices when no longer advisable to main­ (b) Regional Office Services Manager or The petition filed in this case is avail­ tain such offices; and (b) to obligate the Office Services Assistant. able for inspection at the Office of the (c) District Director. Secretary, U.S. Tariff Commission, Small Business Administration to reim­ (d) District Administrative Officer. burse the General Services Administra­ (e) District, Office Services Manager or Eighth and E Streets NW., Washington, tion for the rental of temporary office Office Services Assistant. D.C. 20436, and at the New York City space. (f) Branch Manager, Gulfport, Miss., office of the Tariff Commission located Branch Office. in Room 437 of the Customhouse. (a) Chief and Assistant Chief, Re­ gional Financing Division. 3. To rent motor vehicles and garage Issued: February 1,1973. (b) District Director. space for the storage of such vehicles By order of the Commission. when not furnished by this Administra­ 2. Purchase and Contract Authority. tion. [ seal] K enneth R. M ason, a. To contract for local credit bureau Secretary. services and loss verification services (1) Chief, Regional Administrative Divi­ pursuant to chapter 4 of title 41, United sion. [FR Doc.73-2336 Filed 2-6-73;8:45 am] (2) Regional Office Services Manager or States Code, as amended, subject to the Office Services Assistant. limitations contained in section 257 (a), (3) District Director. [337-31] and (b) of that chapter. (4) District Administrative Officer. (1) Chief, Regional Administrative (5) District, Office Services Manager or ELECTRONIC PIANOS Division. Office Services Assistant. Notice of Resumption of Hearing (2) Chief and Assistant Chief, Regional (6) Branch Manager, Gulfport, Miss., Financing Division. Branch Office. Notice is hereby given that on March 29, 1973, the U.S. Tariff Commis­ (3) District Director. Effective date: July 1,1972. (4) Disaster Branch Manager, as assigned. sion will resume its public hearing 4n (5) District Administrative Officer. W iley S. M essick, connection with Investigation No. 337-31, Regional Director, Region IV. b. To purchase office supplies and regarding Alleged unfair methods of com­ equipment, including office machines and [FR Doc.73-2356 Filed 2-6-73;8:45 am] petition and unfair acts in the importa­ tion and sale of electronic pianos em­ rent regular office equipment and fur­ braced within the claims of U.S. Patent nishings; contract for repair and main­ TARIFF COMMISSION tenance of equipment and furnishings; Nos. 3,083,363; 2,942,512; 2,949,053; and [337-32] 3,154,997, owned by the complainant, contract for printing (Government Wurlitzer, Co., Chicago, HI. sources only); contract for services re­ CYLINDER BORING^ MACHINES AND BOR­ quired in setting up and dismantling ING BARS AND COMPONENTS THEREOF The complaint alleges that the effect and moving SBA exhibits; and Issue or tendency of the unfair methods or Government bills of lading pursuant to Notice of Investigation and Scope of acts is to destroy or substantially injure chapter 4 of title 41, United States Code, Investigation an industry, efficiently and economically as amended, subject to the limitations- Correction operated, in the United States in viola­ tion of the provisions of section 337 of contained in section 257 (a) and (b) In FR Doc. 73-1373, appearing on page of that chapter. the Tariff Act of 1930 (19 U.S.C. 1337). 2360, in the issue of January 24, 1973, in Notice of institution of the investigation (1) Chief, Regional Administrative the eighth line of the second paragraph, was published in the F ederal R egister Division. change the word "compounds” to read of September 28, 1972 (37 FR 20289). A (2) Regional Office Services Manager or "components”. Office Services Assistant. public hearing was held on January 30 (3) District Director. and 31, 1973 (notice of which was pub­ (4) District Administrative Officer. [TEA—F—49] lished in the F ederal R egister of De­ (5) District, Office Services Manager or CONSOLIDATED NATIONAL SHOE CORP. cember 5, 1972 (37 FR 25891)) and a Office Services Assistant. recess was ordered. (6) Branch Manager, Gulfport, Miss., Petition for a Determination; Notice of Investigation and Hearing The hearing will be resumed on Branch Office. March 29, 1973, at 10 a.m., e.s.t., in the Part VIII—A dministrative On the basis of a pettition filed under Hearing Room of the Tariff Commission, section 301(a)(2) of the Trade Expan­ Eighth and E Streets NW., Washington, S ection A.—Authority to Purchase, or sion Act of 1962 on behalf of the Con­ D.C. Requests for appearances at the Contract for Equipment, Services, and solidated National Shoe Corporation, hearing should be received by the Secre­ Supplies. 1. To purchase reproductions Norwood, Mass., the U.S. Tariff Com­ tary of the Tariff Commission no later of loan documents, chargeable to the mission, on February 1, 1973, instituted than March 23, 1973. Parties wishing to revolving fund, requested by U.S. at­ an investigation under section 301(c) (1) torneys in foreclosure cases: of the said Act to determine whether, as submit documentary evidence for the record, but not desiring to make an ap­ (a) Chief, Regional Administrative Divi­ a result in major part of concessions sion. granted under trade agreements, articles pearance, should send such evidence to (b) District Director. like or directly conmpetitive with foot­ the Secretary in time for inclusion in the (c) District Administrative Officer. wear for women (of the types provided record when the hearing resumes. (d) Branch Manager, Gulfport, Miss., for in items 700.20, 700.43, 700.45, and Branch Office. 700.55 of the Tariff Schedules of the Issued: February 1,1973. 2. To purchase office supplies and United States) produced by the afore­ By order of the Commission. equipment, including office machines and mentioned firm, are being imported into [ seal] K enneth R. M ason, rent regular office equipment and fur­ the United States in such increased quan­ Secretary. nishings; contract for repair and main­ tities as to cause, or threaten to cause, tenance of equipment and furnishings; serious injury to such firm. [FR Doc.73-2337 Filed 2-6-73; 8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 NOTICES 3555

DEPARTMENT OF LABOR Steele Plant, Cordova, N.C. 28330. ington, DC 20210, and at the Occupa­ Tarboro Plant, Post Office Drawer 400, Occupational Safety and Health Tarboro, NC 27886. tional Safety and Health Administration, Administration U.S. Department of Labor, 1361 East The applicant certifies that the em­ Morehead Street, Charlotte, NC 28204; [V—73—8] ployees in the plants who would be af­ Occupational Safety and Health Admin­ BURLINGTON INDUSTRIES, INC. fected by the variance have been notified istration, U.S. Department of Labor, , Notice of Application for Variance and of the application by the posting of a Seventh Floor, Texaco Building, 1512 Interim Order notice on bulletin boards and by super­ Commerce Street, Dallas, TX 75201; Oc­ visors’ verbal announcements. The ap­ cupational Safety and Health Adminis­ I. Notice of application. Notice is plicant further states that copies of the tration, U.S. Department of Labor, 1375 hereby given that Burlington Industries, application for a temporary or experi­ Peachtree Street NE., Suite 587, Atlanta, Inc., 3330 West Friendly Avenue, Greens­ mental variance have been provided to GA 30309; Occupational Safety and boro, NC 27420, has made application the respective business agents of the Health Administration, U.S. Department pursuant to section 6(b) (6) (A) or sec­ representative unions as follows: Mr. of Labor, Penn Square Building, Room tion 6(b) (6) (C) of Williams-Steiger Oc­ Lloyd Byrd, Textile Worker’s Union of 623,1317 Filbert Street, Philadelphia, PA cupational Safety and Health Act of 1970 America, Local No. 250, - Erwin Plant, 19107; Occupational Safety and Health (84 stat. 1594, 1595) and 29 CFR 1905.10 Erwin, N.C. 28339, and Mrs. Mae Temple, Administration, U.S. Department of La­ for a temporary or experimental vari­ United Textile Worker’s, Local No. 257, bor, Room 8018, Federal Building, Post ance, and interim order pending a de­ Durham Plant, Durham, N.C. 27705. Em­ Office Box 10186, Richmond, VA 23240; cision on the application for a variance, ployees have been informed of their right Occupational Safety and Health Ad­ from the standard in 29 CFR 1910.93 to petition for a hearing by means of the ministration, Room 421, Federal Build­ (Table G -l), which limits exposure to bulletin board notice. ing, 1205 Texas Avenue, Lubbock, TX raw cotton dust to 1 milligram of dust per Regarding the merits of the applica­ 79401; Occupational Safety and Health cubic meter of air. tion, the applicant states that it operates Administration, U.S. Department of La­ The addresses of the places of employ­ more than 130 plants manufacturing bor, Room 6B1, Federal Building, 1100 ment covered by the application are as textile and furniture products, of which Commerce Street, Dallas, TX 75202. follows: 30 plants use cotton as a raw material. All interested persons, including em­ The applicant states that it has been Asheville Plant, Post Office Box 8273, Ashe­ ployers and employees who believe they ville, NC 28804. engaged in medical and engineering re­ will be affected by the grant or denial Brighton Plant, Shannon, Ga. 30172. search work for more than 3 years to of the application for a temporary or ex­ Caroleen Plant, Post Office Box 158, Caroleen, determine the prevalence of byssinosis perimental variance, are invited to sub­ NC 29019. and respiratory problems among textile mit written data, views and arguments Clinchfleld North Plant, Post Office Box 1109, workers. The applicant further states regarding the application prior to Marion, NC 28752. that a development of the research is the Denton Plant, Post Office Box 638, Denton, March 9, 1973. In addition, employers discovery that washing or steaming cot­ and employees, who believe they would NC 27239. ton will inactivate the agent in the vege­ Durham Plant, Post Office Box 2477, Durham, be directly affected by the grant or de­ NC 27705. table dust that causes in some persons nial of the request for temporary or ex­ Flint Plant, Post Office Box 287, Cramerton, a pulmonary reaction. perimental variance may request a hear­ NC 28032. However, the establishment of a proper ing on the application within the same Ivey Weavers Plant, Post Office Box 728, steaming program in all plants using period ending March 9, 1973. The re­ Hickory, NC 28001. raw cotton is said to be costly and time- R. C. G. Love Plant, Post Office Box 287, quest for a hearing must include the fol­ consuming. Therefore, the applicant has lowing: (1) a concise statement of facts Cramerton, NC 28032. proposed to establish experimental Mays Plant, Post Office Box 287, Cramerton, showing how and to what extent the NC 29032. steamers in selected cotton gins to re­ employer or employee would be affected Mount Holly Plant, Post Office Box 287, move the irritant before it reaches the by the temporary or experimental vari­ Cramerton, NC 28032. manufacturing plants. While the re­ ance applied for; (2) a specification of F. W. Poe Plant, Post Office Box 487, Green­ search and experimental projects are any statement or representation in the ville, SC 29602. being carried out, employee medical application which is denied and a con­ Ramseur Plant, Ramseur, N.C. 27316, screening and surveillance programs Smithfield Plant, Post Office Box 120, Smith- cise summary of the evidence that would have been instituted. be adduced in support of eaqh denial; field, NC 27577. The applicant also states that in ad­ Stonewall Plant, Post Office Box 8, Stone­ and- (3) any views or arguments on any wall, MS 39363. dition to its research efforts, it has been issue of fact or law presented. Submis­ Batesburg Plant, East Railroad Avenue, Post providing engineering controls in all its sion of written comments and request Office Box 111, Batesburg, SC 29006. plants using raw cotton dust. However, for a hearing should be in quadruplicate Calhoun Falls Plant, Calhoun Falls, S.C. despite these efforts, the applicant as­ and shall be addressed to the Office of 29628. serts that presently there are no known Cherokee Falls Plant, Cherokee Falls, S.C. Standards, Railway Labor Building, feasible means of complying with the raw Room 500, 400 First Street NW., Wash­ 29705. « i cotton dust standard in all areas. Clinchfleld South Plant, Post Office Box 1109, ington, DC 20210. Marion, NC 28752. In conclusion, the applicant is con­ II. Denial of interim order. Burling­ Drakes Plant, Post Office Box 215, Drakes vinced that effective steaming of raw ton Industries, Inc., has also requested Branch, VA 12937. cotton, in conjunction with appropriate an interim order to be effective until a Erwin Plant, Post Office Box 7, Erwin, NC employee screening and medical surveil­ decision is made on its application for a 28339. lance, will greatly minimize and possibly variance. Henrietta Plant, Post Office Box 338, Henri­ eliminate, the presence of the cotton etta, NC 28076. dust hazard in its plants. The applicant Paragraph (e) of § 1910.93 requires Lincolnton Plant, Post Office Box 577, Lin- that compliance with the raw cotton dust colnton, NC 28092. requests a temporary or experimental standard must be made by means of ad­ Martel Plant, Post Office Box 531, Spartan­ variance from the cotton dust standard ministrative or engineering controls, burg, SC 29301. in order to pursue its experimental Mooresville Mills Plant, Post Office Box 540, projects. supplemented, when necessary for fulí 476 South Main Street, Mooresville, NC compliance, by protective equipment and 28115. For further information, interested other protective measures. In view of the Phenix Plant, Post Office Box 672, Kings persons are referred to copies of the several means of compliance permitted Mountain, NC 28068. application which will be made available by the standard, it does not appear prob­ Postex Plant, Post Office Box 610, Post, TX for inspection and copying upon request able that the applicant will establish that 79356. at the Office of Standards, U.S. Depart­ it is unable to comply with the standard. Sherman Plant, Post Office Box 700; Sher­ ment of Labor, Railway Labor Building, man, TX 75091. Nor does it appear probable at this time Room 500, 400 First Street NW., Wash­ that the experimental project of the ap-

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3556 NOTICES plicant will be approvable under section and unforeseen hazards; and procedures a formal or informal hearing on the sub­ 6(b) (6) (C) of the Act and that an in­ for prompt restraint or elimination of jects and issues involved. terim variance from the standard is nec­ imminent danger situations. The Assistant Secretary of Labor for essary to the prosecution of the project. The legislation also proposes to insure Occupational Safety and Health shall Finally, it does not appear that the ap­ inspections in response to complaints; thereafter consider all relevant com­ plicant will suffer undue hardships by give employer and employee representa­ ments and arguments presented and is­ complying with the standard until a tives an opportunity to accompany in­ sue his decision as to approval or final disposition of its application. spectors in order to aid inspections; noti­ disapproval of the plan. For these reasons, the applicant’s re­ fication of employees or their representa­ tives when no compliance action is taken Signed at Washington, D.C., this 2d quest for an interim order is hereby de­ day of February 1973. nied, without prejudice to its application as a result of alleged violations, including for a temporary or experimental vari­ informal review; notification of em­ Chain R obbins, ance. ployees of their protections and obliga­ Acting Assistant Secretary tions; protection of employees against of Labor. Signed at Washington, D.C., this 1st discharge or discrimination in terms and _ [FR Doc.73-2391 Filed 2-6-73;8:45 am] day of February 1973. conditions of employment; adequate Chain R obbins, safeguards to protect trade secrets; pro­ INTERSTATE COMMERCE Acting Assistant Secretary vision for prompt notice to employers of Labor. and employees of alleged violations of COMMISSION standards and abatement requirements; [Notice 174] [FR Doc.73-2390 Filed 2-6-73;8:45 am] a system of sanctions against employers for violations of standards; and employer ASSIGNMENT OF HEARINGS GEORGIA DEVELOPMENTAL PLAN right of review and employee participa­ F ebruary 2,1973. tion in review proceedings. Cases assigned for hearing, postpone­ State Occupational Safety and Health Contained within the plan is a four- Standards and Their Enforcement; No­ ment, cancellation or oral argument ap­ phase program providing for full imple­ pear below and will be published only tice of Submission of Plan and Avail­ mentation of the plan within a period of ability for Public Comment 2 years and 3 months following passage once. This list contains prospective as­ 1. Submission and description of plan. of the draft legislation. There is also a signments only and does not include Pursuant to section 18 of the Occupa­ description of the resources to be devoted cases previously assigned hearing dates. tional Safety and Health Act of 1970 to the plan as well as the State’s proposed The "hearings will be on the issues as (29 U.S.C. 667) and § 1902.11 of Title 29, merit system of personnel. Appearing in presently reflected in the official docket Code of Federal Regulations, notice is the plan is a statement of the Governor’s hereby given that an Occupational Safe­ support and approval of it and of the of the Commission. An attempt will be ty and Health Plan for the State of draft legislation. made to publish notices of cancellation Georgia has been submitted to the As­ 2. Location of plan for inspection and of hearings as promptly as possible, but sistant Secretary of Labor for Occupa­ copying. A copy of the plan may be in­ interested parties should take appropri­ tional Safety and Health. The Assistant spected and copied during normal busi­ ate steps to insure that they are notified Secretary has preliminarily reviewed the ness hours at the following locations: of cancellation or postponements of plan, and hereby gives notice that the Office of Federal and State Operations, question of approval of the plan is in is­ Occupational Safety and Health Admin­ hearings in which they are interested. No sue before him. istration, Room 305, Railway Labor amendments will be entertained after The plan provides that the Georgia Building, 400 First Street NW., Washing­ the date of this publication. Occupational Safety and Health Admin­ ton, DC 20210; Regional Administrator, MC 668 Sub-No. .95, Inter City Transportation istration be created to administer the Occupational Safety and Health Admin­ Co., Inc., Donald A. Robinson, trustee, now plan throughout the State. It defines the istration, Department of Labor, 1375 being assigned hearing March 12, 1973, at covered occupational safety and health Peachtree Street NE., Suite 587, At­ Newark, N.J., in a hearing room to be later issues as defined by the Secretary of lanta, GA 30309; and the Office of Oc­ designated. Labor in 29 CFR 1902.2(c) (1). All safety MC—C—7935, Samuel D. Summers, doing busi­ cupational Safety and Health, Georgia ness as S. D. Summers Lumber Co. and the and health standards and amendments State Board of Workmen’s Compensa­ Valley Camp Coal Co.—Investigation of thereto which have been adopted by the tion, 1182 West Peachtree Street, Suite Operations, now being assigned March 20, Secretary of Labor except those found 315, Atlanta, GA 30309. Copies of the plan 1973 (2 days), at Charleston, W. Va., in a in 29 CFR Parts 1915, 1916, 1917 and may be obtained at the expense of the hearing room to be later designated. 1918 (shiprepairing, shipbuilding, ship­ person (s) requesting the copies. MC 42011 Sub-No. 10, D. Q. Wise & Co., Inc., breaking and longshoring) are to be 3. Public participation. Interested per­ now assigned February 5, 1973, at Kansas adopted by the State. sons are hereby given until March 9, City, Mo., is postponed indefinitely. MC 96007 Sub-No. 27, Kenneth Hudson, Inc., Included in the plan is proposed draft 1973, in which to submit to the Assistant Extension—New Hampshire, qpw being as­ legislation to be considered by the Geor­ Secretary written data, views, and argu­ signed hearing March 20, 1973 (2 days), at gia Legislature during its 1973 session. ments concerning the plan. The sub­ Concord, N.H., in a hearing room to be later Under the proposed legislation the Oc­ missions are to be addressed to the designated. cupational Safety and Health Adminis­ Director, Office of Federal and State Op­ MC 134922 Sub 21, B. J. McAdams, Inc., now tration is to have full authority to en­ erations, Occupational Safety and being assigned hearing March 19, 1973 (2 force and to administer laws respecting Health Administration, Railway Labor days), at Chicago, 111., in Room 1086A, employee safety and health. Further, the Building, Room 305, U.S. Department of Everett McKinley Dirksen Building, 219 draft legislation provides for the cover­ Labor, Washington, D.C. 20210. The writ­ South Dearborn Street. age of all employees within the State ten comments will be available for pub­ MC 51146 Sub 268, Schneider Transport, Inc, including employees of the State and its lic inspection and copying, at the now being assigned continued hearing political subdivisions. expense of the person(s) requesting such March 26, 1973 (1 week), in Room 1086A, The legislation is intended to bring the copies, at the above address. Everett McKinley Dirksen Building, 219 plan into conformity with the require­ Any interested person (s) may request South Dearborn Street, Chicago, IL. ments of 29 CFR Part 1902 in areas such an informal hearing concerning the MC—C—7757, Inter-County Motor Coach, Inc., as procedures for variances and protec­ proposed plan, or any part thereof, V. Schenck Toms, Inc., et al., MC 12731 tion of employees from hazards; proce­ whenever particularized written objec­ Subs 1 and 2, Teens N Tours, Inc., now be­ dures for the development and promul­ tions thereto are filed by March 9, 1973. ing assigned March 19, 1973 (2 days), at If the Assistant Secretary finds that sub­ New York, N.Y., in a hearing room to be gation of standards, including standards later designated. for protection of employees against new stantial objections are filed, he shall hold

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 NOTICES 3557

MC—F—11530, John R. Remis, Bernard FOURTH SECTION APPLICATIONS FOR 1042.4(d) (12) ) at any time, but will not Sacharoff, John Roncoroni, Louis Geik, RELIEF Henry Bono, Nicholas Accardi, New Deal operate to stay commencement of the Delivery Service, Inc., Eastern Transporta­ F ebruary 2,1973. proposed operations unless filed within tion Co., Inc. and Airfreight Transporta­ An application, as summarized below, 30 days from the date of publication. tion Corp. of New Jersey—Investigation of Successively filed letter-notices of the Control, MC-FC-71876, Resil Trucking has been filed requesting relief from the requirements of section 4 of the Inter­ same carrier under the Commission’s Re­ Corp., Transferee and Eastern Transporta­ vised Deviation Rules-Motor Carriers of tion Co., Inc., Transferor, now being as­ state Commerce Act to permit common signed March 21, 1973 (3 days), at New carriers named or described in the appli­ Property, 1969, will be numbered consec­ York, N.Y., in a hearing room to be later cation to maintain higher rates and utively for convenience in identification designated. charges at intermediate points than and protests, if any, should refer to such AB 65, St. Johnsbury & Lamoille County those sought to be established at more letter-notices by number. Railroad, entire line abandonment between distant points. St. Johnsbury and Swanton, Caledonia, M otor Carriers of P roperty Washington, Lamoille, and Franklin Coun­ Protests to the granting of an applica­ tion must be prepared in accordance with No. MC-48958 (Deviation No. 45), IL­ ties, Vt., now being assigned March 26, 1973 LINOIS-CALIFORNIA EXPRESS, INC., (1 week), at New York, N.Y., in a hearing Rule 1100.40 of the general rules of prac­ room to be later designated. tice (49 CFR 1100.40) and filed on or be­ Post Office Box 9050, Amarillo, TX 79105, MC 113678 Sub 464, Curtis, Inc., continued to fore February 22,1973. filed January 18, 1973. Carrier’s repre­ February 6,1973, at the offices of the Inter­ FSA No. 42612—Processed clay from sentative; Morris G. Cobb, same address state Commerce Commission, Washington, points in Texas. Filed by Southwestern as applicant. Carrier proposes to oper­ D.C. Freight Bureau, agent (No. B-385), for ate as a common carrier, by motor vehi­ AB—52, New Mexico Central Railway Co. and interested rail carriers. Rates on clay, cle, of general commodities, with certain the Atchison, Topeka and Santa Fe Rail­ exceptions, over a deviation route as fol­ way Co., abandonment between Willard processed, in carloads, as described in the application, from specified points in lows: From Omaha, Nehr., over U.S. and Calvert, Torrance County, N. Mex., now Highway 73 to junction U.S. Highway 3ôj assigned February 28, 1973, at Estancia, Texas, to points in eastern, Illinois, N. Mex., will be held in the courtroom of southern, southwestern, and western thence over U.S. Highway 36 to junction the County Courthouse, Main Street. trunk-line territories. Interstate Highway 55 (U.S. Highway MC 100666 Sub 219, Melton Truck Lines, Inc., Grounds for relief—Market competi­ 66) , thence over Interstate Highway 55 now assigned March 5, 1973, at Albuquer­ tion and rate relationship. (UB. Highway 66) to Chicago, 111., and que, N. Mex., will be held in Room 1410, return over the same route, for operating Federal Building, 1517 Gold South West. Tariff—Supplement 9 to Southwestern convenience only. The notice indicates MC 136602 Sub 2, Arizona Western Transport, Freight Bureau, agent, tariff ICC 5026. that the carrier is presently authorized Inc., now assigned February 21, 1973, will Rates are published to become effective to transport the same commodities, over be held in Room 1016, Federal Building, on March 3,1973. 230 North First Avenue, Phoenix, AZ. a pertinent service route as follows: MC-F-11445, Ashworth Transfer, Inc.—Pur­ FSA No. 42613— Joint water-rail con­ From Lincoln, Nebr., over U.S. Highway chase—Westates Transportation Co., MC tainer rates— American President Lines, 6 to Princeton, HI., thence over U.S. 1872 Sub 78, Ashworth Transfer, Inc., now Ltd. Filed by American President Lines, Highway 34 to Chicago, 111., and return assigned February 26, 1973, will be held in Ltd., (No. 3), for itself and interested over the same route. Room 6006, Federal Building, 230 North rail carriers. Rates oh general commod­ By the Commission. First Avenue, Phoenix, AZ, March 1, 1973, ities, between ports in the Orient, as will be held in Room 8544, Federal Build­ shown in the application, and rail sta­ [ seal] R obert L. O swald, ing, 300 North Los Angeles Street, Los tions on the U.S. Atlantic and Gulf Secretary. Angeles, CA, March 5, 1973, will be held in Seaboard. Room 13025, 13th Floor, 450 Golden Gate [FR Doc.73—2384 Filed 2-6-73; 8:45.am] Avenue, San Francisco, CA. Grounds for relief—water competition. MC-C—7933, Beklns Van Lines Co.—Investi­ By the Commission. gation and Revocation of Certificates, now [Notice 4] [seal] R obert L. O swald, assigned February 20, 1973, at Chicago, 111., MOTOR CARRIER ALTERNATE ROUTE will be held in Room 1086A, Everett Mc­ Secretary. Kinley Dirksen Building, 219 South Dear­ DEVIATION NOTICES [FR Doc.73-2380 Filed 2-6-73;8:45 am] born Street, February 26, 1973, at St. Paul, F ebruary 2, 1973. Minn., will be held in Judge Larson’s The following letter-notices of pro­ Courtroom No. 4, Federal Building and [Notice 4] XTB. Courthouse, 316 North Robert posals (except as otherwise specifically Street, February 28, 1973, at Denver, MOTOR CARRIER ALTERNATE ROUTE noted, each applicant states that there Colo., will be held in Room 1430, first floor, DEVIATION NOTICES will be no significant effect on the quality Federal Building, 1961 Stout Street, of the human environment resulting March 5, 1973, at Los Angeles, Calif., will F ebruary 2, 1973. from approval of its application), to be held in Room 8544, Federal Building, The following letter-notices of pro­ operate over deviation routes for operat­ 300 North Los Angeles' Street, March 9, posals (except as otherwise specifically ing convenience only have been filed with 1973, at San Francisco, Calif., will be held noted, each applicant states that there the Interstate Commerce Commission in Room 15018, 15th floor, and March 10 will be no significant effect on the quality through March 13, Room 13450, 13th floor, under the Commission’s Revised Devia­ 450 Golden Gate Avenue, March 15, 1973, of the human environment resulting tion Rules-Motor Carriers of Passengers at Phoenix, Ariz., at the Arizona Corpora­ from approval of its application), to 1969 (49 CFR 1042.2(c) (9) and notice tion Commission, 1688 West Adams Street, operate over deviation routes for operat­ thereof to all interested persons is hereby March 19, 1973, at Jacksonville, Fla., will ing convenience only have been filed with given as provided in such rules (49 CFR be held in Room 765, Federal Building, 400 the Interstate Commerce Commission 1042.2(c) (9)). West Bay Street, March 23, 1973, at Wash­ under the Commission’s Revised Devia­ ington, D.C., will be held at the Offices of Protests against the use of any pro­ tion Rules-Motor Carriers of Property posed deviation route herein described the Interstate Commerce Commission, 1969 (49 CFR 1042.4(d) (11) and notice April 2, 1973, at Boston, Mass., will be held may be filed with the Interstate Com­ on the fifth floor, 150 Causeway Street, thereof to all interested persons is hereby merce Commission in the manner and and April 9, 1973, at Chicago, HI., will be given as provided in such rules (49 CFR form provided in such rules (49 CFR held in Room 204A, Everett McKinley Dirk- ' 1042.4(d) (ID ). 1042.2(c)(9)) at any time, but will not sen Building, 219 South Dearborn Street. Protests against the use of any pro­ operate to stay commencement of the posed deviation' route herein described [ s e a l ] R obert L. O swald, proposed operations unless filed within may be filed with the Interstate Com­ 30 days from the date of publication. Secretary. merce Commission in the manner and [FR Doc.73-2379 Filed 2-6-73;8:45 am] Successively filed letter-notices of the form provided in such rules (49 CFR same carrier under the Commission’s Re-

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3558 NOTICES vised Deviation Rules-Motor Carriers of Indiana Square, Indianapolis, IN 46204. over irregular routes, (1) (a) of self-pro­ Property, 1969, will be numbered consec­ Carrier proposes to operate as a common pelled electric tractors and (b) of parts, utively for convenience in identification carrier, by motor vehicle, of passengers attachments, and accessories for self- and protests, if any, should refer to such and their baggage, and express and propelled electric tractors, from Scotia, letter-notices by number. newspapers in the same vehicle with pas­ N.Y., to points in Connecticut, Illinois, sengers, over a deviation route as fol­ Maryland, Indiana, Massachusetts, New M otor Carriers of P assengers lows: Between Indianapolis, Ind., and Jersey, New York, Ohio, Pennsylvania, No. MC-1515 (Deviation No. 638), Jeffersonvillè, Ind., over Interstate High­ Vermont, Virginia, Maine, New Hamp­ GREYHOUND LINES, INC. (Western Di­ way 65, for operating convenience only. shire, Rhode Island, Delaware, North vision), 371 Market Street, San Fran­ The notice indicates that the carrier is Carolina, South Carolina, Kentucky, cisco, CA 94106, filed January 18, 1973. presently authorized to transport pas­ Tennessee, Georgia, Alabama, Florida, Carrier proposes to operate as a common sengers and the same property, over a Louisiana, West Virginia, Mississippi, carrier, by motor vehicle, of passengers pertinent service route as follows: From Michigan, and Wisconsin, and the Dis­ and their baggage, and express and news­ Indianapolis, Ind., over U.S. Highway trict of Columbia; and (2) (a) of the papers in the same vehicle with passen­ 421 to Greensburg, Ind., thence over commodities named in (1) (a) and (1) (b) gers, over a deviation route as follows: Indiana Highway 3 to Charlestown, Ind., above, and (b) of materials and supplies From junction unnumbered highway and thence over Indiana Highway 62 to Jef­ used in the manufacture and distribu­ new U.S. Highway 101 (Morgan Hill fersonville, Ind., and return over the tion of the commodities named in (1) (a) Junction, Calif.), over new U.S. Highway same route. and (l)(b) above, from points in the 101 to junction unnumbered highway By the Commission. destination territory in (1) above to (South Gilroy Junction, Calif.), and re­ Scotia, N.Y., subject to restrictions in (1) turn over the same route, for operating [ seal] R obert L. O swald, and (2) above against the transporta­ convenience only. The notice indicates Secretary, tion of commodities which by reason of that the carrier is presently authorized [FR Doc.73-2382 Filed 2-6-73:8:45 am] size or weight require the use of special to transport passengers and the same equipment, commodities in bulk, and property, over a pertinent service route self-propelled articles, weighing 15,000 as follows: from San Francisco, Calif., [Notice 10] pounds or more; that applicant is fit, over U.S. Highway 101 to junction un­ MOTOR CARRIER APPLICATIONS AND willing, and able properly to perform numbered highway (Santa Rita Junc­ CERTAIN OTHER PROCEEDINGS such service and to conform to the re­ tion) , thence over unnumbered highway quirements of the Interstate Commerce F ebruary 2,1973. to junction U.S. Highway 101 (Sherwood Act and the Commission’s rules and reg­ Park Junction, Salinas), thence over U.S. The following publications are gov­ ulations thereunder. Because it is pos­ Highway 101 to junction unnumbered erned by the new Special Rule 1100.247 sible that other parties who have relied highway (North Gonzales Junction), of the Commission’s rules of practice, upon the notice of the application as thence over unnumbered highway via published in the F ederal R egister, issue published, may have an interest in and Gonzales to junction U.S. Highway 101 of December 3, 1963, which became ef­ would be prejudiced by the lack of proper (South Gonzales Junction), thence over fective January 1 ,1964.1 notice of the authority described above, U.S. Highway 101 to junction unnum­ The publications hereinafter set forth issuance of a certificate in this proceed­ bered highway ( San Lucas Junction), reflect the scope of the applications as ing will be withheld for a period of 30 thence over unnumbered highway to filed by applicant, and may include de­ days from the date of this publication junction U.S. Highway 101 (San Ardo scriptions, restrictions, or limitations of the authority actually granted, during Junction), thence over U.S. Highway 101 which are not in a form acceptable to which period any proper party in inter­ to junction unnumbered highway (North the Commission. Authority which ulti­ est may file an appropriate petition for Bradley Junction), thence over unnum­ mately may be granted as a result of the intervention or other relief in this pro­ bered highway to junction U.S. Highway applications here noticed will not neces­ ceeding setting forth in detail the precise 101 (Camp Roberts Junction), thence sarily reflect the phraseology set forth manner in which it has been prejudiced. over U.S. Highway 101 to San Luis in the application as filed, but also will No. MC 112822 (Sub-No. 199) (Repub­ Obispo, Calif., and return over the same eliminate any restrictions which are not lication), filed May 20, 1971, published acceptable to the Commission. route. in the F ederal R egister issue of June 17, No. MC-1515 (Deviation No. 639), A pplications Assigned for O ral H earing 1971, and republished this issue. Appli­ GREYHOUND LINES, INC. (Eastern MOTOR CARRIERS OF PROPERTY cant: BRAY LINES INCORPORATED, Division), 1400 West Third Street, Cleve­ 1401 North Little Street, Post Office Box land, OH 44113, filed January 24, 1973. No. MC 19157 (Sub-No. 16) (Republi­ 1191, Cushing, OK 74023. Applicant’s Carrier proposes to operate as a com ­ cation), filed November 1, 1971, pub­ representative: Thomas Lee Allman, Jr. mon carrier, by motor vehicle, of passen­ lished in the F ederal R egister issue of (same address as applicant). A decision gers -and their baggage, and express and December 9, 1971, and republished this and order of the Commission, Review newspapers in the same vehicle with pas­ issue. Applicant: McCORMACK’S Board No. 3, dated January 3, 1973, and sengers, over a deviation route as fol­ HIGHWAY TRANSPORTATION, INC., served January 17, 1973, finds that op­ lows: From Richmond, Va., over Inter­ Rural Delivery 3, Box 4, Campbell Road, eration by applicant, in interstate or state Highway 64 to junction Virginia Schenectady, NY 12306. Applicant’s rep­ foreign commerce, as a common carrier Highway 30, thence over Virginia High­ resentative: Anthony C. Vance, Suite by motor vehicle, over irregular routes, way 30 to junction U.S. Highway 60, and 501, 1111 E Street NW., Washington, (1) of petroleum products, in containers, return over the same route, for operating DC 20004. A report and order of the (a) from the facilities of Gulf Oil Co. and convenience only. The notice indicates Commission, Review Board Number 3, Atlantic-Richfield Co. at or near Hous­ that the carrier is presently authorized dated December 1, 1972, and served ton, Tex., to points in Arkansas, Illinois, to transport passengers and the same January 16, 1973, finds that the present Iowa, Kansas, Minnesota, Missouri, Ne­ property, over a pertinent service route and future public convenience and braska, Oklahoma, South Dakota, Wis­ as follows: From Richmond, Va., over necessity require operation by appli­ consin, and New Mexico; and (b) from U.S. Highway 60 to Andersons Corner, cant, in interstate or foreign commerce, the facilities of Gulf Oil Co. and Texaco, Va., and return over the same route. as a common carrier by motor vehicle, Inc., at or near Beaumont, Tex., to points No. MC-54591 (Sub-No. 4) (Deviation in Arkansas, Kansas, Oklahoma, and New No. 4), SOUTHEASTERN TRAIL WAYS, 1 Except as otherwise specifically noted, Mexico; (2) of dry polyethylene, in con­ tainers, from the facilities of Gulf Oil INC., 205 North Senate Avenue, Indian­ each applicant (on applications filed after Mar. 27, 1972) states that there will be no Co., (a) at Houston, Tex., to points in apolis, IN 46204, filed January 19, 1973. significant effect on the quality on the human the States set forth in 1(a) above; and Carrier’s representative: Leslie Duvall, environment resulting from approval of its (b) at Beaumont, Tex., to points in the 2410 Indiana National Bank Tower, 1 application.

FEDERAL REGISTER, VOL. 38, NO . 25— WEDNESDAY, FEBRUARY 7, 1973 NOTICES 3559

States set forth in Kb) above; and (3) published this issue. Applicant: JOHN ware, Maryland, North Carolina, and the (a) of dry fertilizer and fertilizer mate­ RICHARDS, BETH RICHARDS, and District of Columbia, under a continuing rials, and (b) of pesticides in con­ DAVID JONES, a partnership doing contract with National Aeronautics & tainers, from the ports of Catoosa and business as: TRANS-WAY CO., Moscow, Space Administration of Wallops Is­ Muskogee, Okla., to points in Arkansas, Pa. 18444. Applicant’s representative: land, Va., will be consistent with the Colorado, Illinois, Iowa, Kansas, Min­ George A. Olsen, 69 Tonnele Avenue, public interest and the national trans­ nesota, Missouri, Nebraska, ‘South Da­ Jersey City, NJ 07306. An order of the portation policy; that applicant is fit, kota, Wisconsin, and Texas, will be con­ Commission, Operating Rights Board, willing, and able properly to perform sistent with the public interest and the dated December 22, 1972, and served such service and to conform to the re­ national transportation policy, that ap­ January 23, 1973, finds that operation by quirements of the Interstate Commerce plicant is fit, willing, and able properly applicant, in interstate or foreign com­ Act and the Commission’s rules and to perform such service and to conform merce, as a contract carrier by motor regulations thereunder. Because it is pos­ to the requirements of the Interstate vehicle, over irregular routes, of ma­ sible that other parties who have relied Commerce Act and the Commission’s terials, supplies and products used in or upon the notice of the application as rules and regulations thereunder. Be­ produced by the food processing industry published, may have an interest in and cause it is possible that other parties who (except m bulk), between Erie and North would be prejudiced by the lack of have relied upon the notice of the appli­ East, Pa., and- Westfield, Dunkirk, proper notice of the authority described cation as published, may have an in­ Buffalo, and Newark, N.Y. on the one above, issuance of a permit in this pro­ terest in and would be prejudiced by thè hand, and, on the other, points in Con­ ceeding will be withheld for a period of lack of proper notice of. thè authority necticut, under a continuing contract 30 days from the date of this publica­ described above, issuance of a certificate with Welch Foods, Inc.; will be con­ tion of the authority actually granted, in this proceeding will be withheld for a sistent with the public interest and the during which period any proper party period of 30 days from the date of this national transportation policy; that ap­ in interest may file an appropriate, peti­ publication of the authority actually plicant is fit, willing, and able properly tion for intervention or other relief in granted, during which period any proper to perform'such service and to conform this proceeding setting forth in detail party in interest may file an appropriate to the requirements of the Interstate the precise manner in which it has been petition for intervention or other relief Commerce Act and the Commission’s so prejudiced. in this proceeding setting forth in detail rules and regulations thereunder, that Notice of F iling of Petition the precise manner in which it lias been a permit authorizing such operations so prejudiced. should be granted, (1) subject to the con­ No. MC 135033 (Notice of filing of ditions that the person or persons who petition to modify a permit by addition No. MC 128030 (Sub-No. 32) (Repub­ of a shipper), filed January 11, 1973. lication) , filed October 8, 1971, published control the operations both of the ap­ plicant, the partnership, and Trans-Way Petitioner: SILVEY & COMPANY, a and corrected in the Federal R egister Co., a corporation, shall first obtain ap­ corporation, Gifford Road, Council issue of November 25, 1971, and repub­ Bluffs, Iowa 51501. Petitioner’s rep­ lished this issue. Applicant: THE STOUT proval of such control under the provi­ sions of section 5(2) of the Act or if resentative: Donald L. Stem, 530 Univac TRUCKING CO., INC., Post OflSce Box Building, 7100 West Center Road, 177, Rural Rpute No. 1, Urbana, IL 61801. such approval is not needed, shall so in­ form the Commission by affidavit, and Omaha, NE 68106. Petitioner presently Applicant’s representative: James F. holds a permit in No. MC 135033, issued Flanagan, 111 West Washington Street, (2) subject to compliance with the re­ quirements of sections 215, 218, and November 19, 1971, authorizing opera­ Chicago, IL 60602. An order of the Com­ tions over irregular routes of: Such com ­ mission, Review Board No. 4, dated Jan­ 221(c) of the Interstate Commerce Act. Because it is possible that other parties modities as are dealt in by retail depart­ uary 11, 1973, and served January 24, ment stores (except foodstuffs), from 1973, finds that the present and future who have relied upon the notice of the application as published, may have an points in Alabama, Connecticut, Ken­ public convenience and necessity require tucky (except Louisville and points in its operation by applicant, in interstate or interest in and would be prejudiced by the lack of proper notice of the authority commercial zone as defined by the Com­ foreign commerce, as a common carrier, mission) , Maryland, Massachusetts, New by motor vehicle, over irregular routes, described above, issuance of a permit in this proceeding will be withheld for a Jersey, New York, North Carolina, Penn­ of malt "beverages, in containers, (1) from sylvania, South Carolina, Tennessee, Detroit, Mich., to Danville, 111.; (2) period of 30 days from the date of this publication of the authority actually Virginia, West Virginia, and Ohio (except from Louisville, Ky., to Paris, 111.; (3) Cincinnati, Cleveland, Columbus, and from Evansville and South Bend, Ind., granted, during which period any proper party in interest may file an appropriate Toledo and points in their respective to Danville and Paris, 111.; and (4) from commercial zones as defined by the LaCrosse, Wis., to Bloomington and Lin­ petition for intervention or other relief in the proceeding setting forth in detail Commission), to Omaha, Nebr., with no coln, 111.; that applicant is fit, willing, compensation on return except as other­ and able properly to perform such serv­ the precise manner in which it has been so prejudiced. wise authorized, and under a continuing ice and to conform to the requirements contract, or contracts, with J. L. Bran- of the Interstate Commerce Act and the No. MC 136732 (Sub-No. 1) (Republi­ deis & Sons, Inc., at Omaha, Nebr. By Commission’s rules and regulations cation), filed August 2, 1972, ^published the instant petition, petitioner seeks to thereunder. Because it is possible that in the F ederal R egister issue of Sep­ add the name of Richman Gordman other parties who have relied upon the tember 28, 1972, and republished this Stores, Inc., at Omaha, Nebr., as a ship­ notice of the application as published, issue. Applicant: CHEMAL, INC., Post per. Any interested person or persons de-- may have an interest in and would be Office Box 44, Wallops Island, VA 23337. siring to participate may file an original prejudiced by the lack of proper notice Applicant’s representative: George B. and six copies of his written representa­ of the authority described above, issu­ Brothers, Rural Delivery No. 3, Box 39, tions, views or arguments in support of ance of a certificate in this proceeding Pocomoke City, MD 21851. An order of will be withheld for a period of 30 days the Commission, Operating Rights or against the petition within 30 days from the date of this publication of the Board, dated January 4, 1973, and served from the date of publication in the authority actually granted, during which January 16, 1973, finds that operation F ederal R egister. period any proper party in interest may by applicant, in interstate or foreign A pplications for Certificates or Per­ file an appropriate petition for interven­ commerce, as a contract carrier by motor mits W hich A re To B e P rocessed tion or other relief in this proceeding vehicle, over irregular routes, of pas­ Concurrently W ith A pplication Un ­ setting forth in detail the precise manner sengers and their baggage, in the same der Section 5 G overned by S pecial in which it has been so prejudiced. vehicle with passengers, between Wal­ R ule 240 to the Extent Applicable No. MC 136519 (Republication), filed lops Island, Va., on the one hand, and, No. MC 60014 (Sub-No. 32) (Correc­ March 7, 1972, published in the F ederal on the other, points in Virginia, New tion), filed October 16, 1972, published R egister issue of May 4, 1972, and re­ York, Pennsylvania, New Jersey, Dela­ .in the F ederal R egister issue of Novem-

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3560 NOTICES ber 1, 1972, and republished this issue. of the act (the “exempt” zone) and fied points in Virginia and points in Applicant: AERO TRUCKING, INC., Baltimore, Md., with restrictions. Note: Hagerstown, Md.; glass bontainers, from Post Office Box 308, Monroeville, PA VICTORY VAN LINES, INC., AND Bridgeton and Salem, N.J., Connellsville 15146. Applicant’s representative: A. SEATTLE TRANSFER & STORAGE and Washington, Pa., and Huntington, Charles Tell, 100 East Broad Street, COMPANY are commonly controlled. W. Va., to Front Royal, Va.; glassware and jar and glass tops, from Washing­ Columbus, OH 43215. Authority sought No. MC-F-11776. Authority sought for to operate as a common carrier, by motor ton, Pa., and Huntington, Fairmont, and purchase by REDWING REFRIGER­ Grafton, W. Va., to Winchester; soft vehicle, over irregular routes, transport­ ATED, INC., Post Office Box 1698, San­ ing: General commodities (except those drink concentrate, from Columbus, Ga., ford, FL 32771, of a portion of the oper­ to Winchester, Va.; wooden and metal of unusual value, classes A and B ex­ ating rights, of EXPRESS, INCORPO­ plosives, household goods as defined by containers, spices, sugar, sulphur, muri­ RATED, Post Office Box 15, Stephenson, atic acid, alcohol, wine, liquor, rum, corn the Commission, and commodities in VA 22656, and for acquisition by WYLE bulk), between points in Connecticut. syrup, beef suet, frozen fruit, container LABORATORIES, 128 Maryland Street, caps and covers, paste, glue, labels, and Note: This application is a matter di­ El Segundo, CA, of control of such rights rectly related to MC-F-11693, published machinery parts, from Baltimore, Md., to through the purchase. Applicants’ at­ Front Royal, Va.; coal, from Western- in the F ederal R egister issue of Octo­ torneys: James E. Wilson and Lawrence ber 26, 1972. Applicant states that the port, Md., and Bluefield, W. Va., to Front E. Lindeman, 425 13th Street NW., Wash­ Royal, Va.; requested authority can be tacked with ington, DC 20004. Operating rights Cottonseed meal, from Charlotte, N.C., its heavy hauling and building material sought to be transferred: Apples and Hartsville, Kershaw, and Columbia, S.C., authority to allow service between points apple products, as a common carrier over in Connecticut, on the one hand, and, regular routes, from Winchester, Va., to and Atlanta, Augusta, and Macon, Ga., to on the other, points in Alabama, Dela­ Philadelphia, Pa., serving the intermedi­ certain specified points in Virginia; ware, Illinois, Kentucky, Indiana, Maine, ate points of Washington, D.C., and sugar, canned goods, and spraying ma­ Maryland, Massachusetts, Michigan, Baltimore, Md., restricted to delivery terials, from Baltimore, Md., to Win­ Mississippi, New Hampshire, New Jersey, chester, Va.; livestock, from Inwood, W. only; canned goods and preserves, and Va., and points in West Virginia within New York, Ohio, Pennsylvania, Rhode vinegar, in bottles and barrels, between Island, Tennessee, Vermont, Virginia, Inwood, W. Va., and Biglerville, Pa., 10 miles thereof, to Baltimore, Md.; gen­ eral commodities, excepting among West Virginia, Wisconsin, and the Dis­ serving no intermediate points; carbo­ trict of Columbia. If a hearing is deemed other, classes A and B explosives, house­ nated beverages, from Newville, Pa., to hold goods and commodities in bulk, necessary, applicant requests it be held Winchester, Va., serving the intermedi­ at Washington, D.C. The purpose of this from Winchester, Va., to points in Vir­ ate point of Martinsburg, W. Va., re­ ginia and West Virginia within 70 miles republication is to properly indicate both stricted to moving from Newville; lime, of Winchester; cottonseed meal and soy­ the requested commodities and excep­ from Martinsburg, W. Va., to Winchester, tions which were previously published in bean meal, from Goldsboro, Raleigh, Va., serving no intermediate points; feed, Wilson, and Rocky Mount, N.C., and error, and the applicant’s tacking from Lancaster, Pa., to Winchester, Va., possibilities. Bishopville, Columbia, Darlington, Harts­ serving the intermediate point of York, ville, Kershaw, and Marion, S.C., to cer­ A pplications Under S ections 5 and Pa., restricted to pickup only; apples, over tain specified points in Pennsylvania, 210a(b) irregular routes, from Inwood, W. Va., points in Maryland, and points in that and points in West Virginia within 10 The following applications are gov­ part of Virginia on and north of U.S. miles thereof, to Baltimore, Md., and Highway 60 (except cottonseed meal, erned by the Interstate Commerce Com­ Washington, D.C.; apples and peaches, mission’s special rules governing notice from Hartsville, Kershaw, and Columbia, from certain specified points in Virginia S.C., to Winchester, Strasburg, Wood- of filing of applications by motor car­ and West Virginia to Washington, D.C., riers of property or passengers under sec­ stock, Mount Jackson, Harrisonburg, Baltimore, Md., certain specified points Staunton, Roanoke, and Front Royal, tions 5(a) and 210a(b) of the Interstate in Pennsylvania, New York, and Georgia, Commerce Act, and certain other pro­ Va.); canned goods, from Winchester, and points in North Carolina and South Va., and Martinsburg, W. Va., to certain ceedings with respect thereto. (49 CFR Carolina; 1.240). specified points in Florida, from Timber- Fruit products, canned goods, sauer­ ville, Va., to points in Georgia, Alabama, M otor Carriers op P roperty kraut, and pickles, from certain specified Tennessee, Mississippi, and Missouri; No. MC—F-11761. (Correction) points in Virginia, and points in Inwood canned and preserved foodstuffs, from (GREAT SOUTHWEST WARE­ and Martinsburg, W. Va., to Washing­ points in Adams County, Pa., certain spe­ HOUSES, INC.—Purchase— (1) VIC­ ton, D.C., Baltimore and Cumberland, cified points in Virginia, and points in TORY VAN LINES, INC., AND (2) Md., Philadelphia, Altoona, and Pitts­ Berkeley County, W. Va., to points in SEATTLE TRANSFER & STORAGE burgh, Pa. ,New York and Buffalo, N.Y., Florida; egg containers, from Atlanta, COMPANY), published in the Janu­ certain specified points in West Virginia, Ga., to points in Alabama. Vendee is au­ ary 17, 1973, issue of the F ederal R eg­ and points in Pikesville, Ky., certain thorized to operate as a common carrier ister, on page 1680. Prior notice should specified points in Georgia, and points in in Maryland,, Massachusetts, Mississippi, have read for (1) VICTORY VAN North Carolina and South Carolina; Maine, New York, New Jersey, North LINES, INC. Used household goods, as canned food products, from Front Royal, Carolina, Pennsylvania, Alabama, Flor­ a common carrier over irregular routes, Va., to Baltimore and Annapolis, Md., ida, South Carolina, Louisiana, Georgia, between points in Burlington, Camden, New York, N.Y., points on Long Island, Virginia, Ohio, Connecticut, Delaware, and Gloucester Counties, N.J., and Bucks, N.Y., and those in Alabama, Georgia, Rhode Island, Indiana, West Virginia, Chester, Delaware, Lehigh, Montgomery, Kentucky, New Jersey, North Carolina, Vermont, Tennessee, New Hampshire, Northampton, and Philadelphia Coun­ Ohio, Pennsylvania, South Carolina, Illinois, and the District of Columbia. ties, Pa., between points in Burlington, Tennessee, West Virginia, and the Dis­ Application has been filed for temporary Camden, and Gloucester Counties, N.J., trict of Columbia; citric and tartaric authority under section 210a(b). and Bucks, Chester, Delaware, Lehigh, acid, soda, drums, and frozen fruit, from No. MC-F-11777. Authority sought for Montgomery, Northampton, and Phila­ Philadelphia, Pa., to Front Royal, Va.; purchase by PROPANE TRANSPORT, delphia Counties, Pa., on the one hand, container caps, covers and labels, and INC., Post Office Box 1734, State Route and, on the other, points in that part frozen fruit, from Long Island City and 131, Milford, OH 45150, of the operating of the New York, N.Y., commercial zone, New York, N.Y., to Front Royal, Va.; rights of HUFF TRANSPORT CO., INC., as defined in the fifth supplemental re­ dehydrated fruit, from Front Royal, Va., 2114 South 41st Street, Louisville, KY, port in commercial zones and terminal to Pittsburgh, Pa.; frozen fruit, from and for acquisition by CALIFORNIA areas, 53 M.C.C. 451, within which local Erie and Pittsburgh, Pa., to Front Royal, LIQUID GAS CORPORATION, Box operations may be conducted under the Va.; glass bottles, from Laurens, S.C., 28397, Sacramento, CA 95828, and DIL­ exemption provided by section 203(b) (8) and Fairmont, W. Va., to certain speci­ LINGHAM CORPORATION, Box 3468,

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 NOTICES 3561

Honolulu, HA, of control of such rights thereof section 5(2) of the Interstate Jersey, New York, and the District of through tile purchase. Applicant’s attor­ Commerce Act. Operating rights sought Columbia; heavy machinery, between neys: Carl B. Swanson, Box 28397, to be controlled: General commodities points in Virginia, on the one hand, and, Sacramento, CA 95828, George M. Cat­ (except articles of unusual value, classes on the other, points in North Carolina; lett, Seventh Floor, McClure Building, A and B explosives, household goods as general commodities, excepting among Frankfort, KY 40601, and James R. Sti- defined by the Commission, commodities others, classes A and B explosives, live­ verson, 50 West Broad Street, Columbus, in bulk, and commodities requiring spe­ stock, and household goods, between OH 43215. Operating rights sought to cial equipment), as a common carrier points within 8 miles of Petersburg, be transferred: Specified commodities, over irregular routes, between points in Va., including Petersburg; materials, as a common carrier, over irregular Hawkins, Sullivan, Johnson, Carter, supplies and equipment used or useful routes, from, to, and between specified Washington, and Unicoi Counties, Tenn., in the construction and maintenance of points in the States of Kentucky, In­ restricted to the transportation of traffic telephone lines, between Petersburg and diana, Ohio, Tennessee, Arkansas, Mis­ having a prior or subsequent movement Hopewell, Va., on the one hand, and, on sissippi, North Carolina, South Carolina, by rail. J. E. REED and W. H. REED the other, points in Virginia within 70 Illinois, Alabama, Florida, Georgia, Vir­ holds no authority from this Commission. miles of Petersburg. Vendee is authorized ginia, West Virginia, California, Massa­ However, they are affiliated with SKY­ to operate as a common carrier in Vir­ chusetts, Connecticut, New York, Mary­ LINE TRANSPORTATION, INC., 131 ginia, Maryland, Pennsylvania, New land, Pennsylvania, New Jersey, Louisi­ Quincy Avenue, Knoxville, TN 37917, Jersey, New York, North Carolina, Dela­ ana, Iowa, Kansas, Michigan, Minnesota, which is authorized to operate as a com ­ ware, Connecticut, and the District of Missouri, Nebraska, Oklahoma, Wiscon­ mon carrier in Kentucky and Tennessee. Columbia. Application has mot been sin, Montana, Delaware, and South Da­ Application has not been filed for tem­ filed for temporary authority under sec­ kota, with restrictions, as more specif­ porary authority under section 210a(b). tion 210a(b). ically described in Docket No. 114091 and Sub numbers thereunder. This notice No. MC-F-11780. Authority sought for No. MC-F-11786. Authority sought for does not purpose to be a complete de­ purchase by GREAT COASTAL EX­ purchase by CONTINENTAL VAN scription of all of the operating rights of PRESS, INCORPORATED, 501 South LINES, INC., Post Office Box 168, Mon­ the carrier involved. The foregoing sum­ 14th Street, Richmond, VA 23224, of the terey, CA 93940, of the operating rights mary is believed to be sufficient for pur­ operating rights of WESTBURY & of DELCHER BROTHERS STORAGE poses of public notice regarding the na­ SONS, INCORPORATED, 2521 Salisbury COMPANY, Post Office Box 507, Jack­ ture and extent of this carrier’s operat­ Road, Midlothian, VA 23113, and for ac­ sonville, FL 32201, and for acquisition by ing rights, without stating, in full, the quisition by CHARLES EDWIN ESTES, NORMAN E. WILEY, 325 Elder Avenue, entirety, thereof. Vendee is authorized 8801 River Road, Richmond, VA 23229, Seaside, CA 93950, and J. VERNON to operate as a common carrier in Geor­ of control of such rights through the pur­ MYRES, 779 Anita.Street, Chula Vista, gia, Indiana, Michigan, Ohio, Kentucky, chase. Applicants’ attorney: Calvin F. CA 92011, of control of such rights South Carolina, Tennesse, West Virginia, Major, 200 West Grace Street, Richmond, through the purchase. Applicants’ at­ Illinois, and Pennsylvania. Application VA 23220. Operating rights sought to be torney: Martin J. Rosen, 140 Mont­ has been filed for temporary authority transferred: Lumber, as a common car­ gomery Street, San Francisco, CA 94104. under section 210a(b). rier over regular routes, from Petersburg, Operating rights sought to be trans­ Va., to Baltimore, Md., serving the inter­ ferred: Household goods as defined by No. MC-F-11778. Authority sought for mediate point of Washington, D.C., for the Commission, as a common carrier control and merger by T.I.M.E.-DC, INC., delivery only; cottonseed meal, from over irregular routes, between points Post Office Box 2550, Lubbock, TX 79408, Battleboro, N.C., to Petersburg, Va., in Alabama, Connecticut, Delaware, of the operating rights and property of serving the intermediate point of Wel­ Florida, Georgia, Illinois, Indiana, HUSMAN EXPRESS CO., Post Office Box don, N.C., for pick-up only; raw-tobacco, Kentucky, Louisiana, Maryland, Massa­ 41072, Cincinnati, OH 45241, and for ac­ from Durham, N.C., to Petersburg, Va., chusetts, Mississippi, Missouri, New quisition by NATIONAL CITY LINES, serving the intermediate points of Ox­ Hamphire, New Jersey, New York, North INC., Post Office Box 10127, Lubbock, TX ford and Henderson, N.C., for pick-up Carolina, Ohio, Pennsylvania, Rhode 79408, of control of such rights and prop­ only; oil and "grease, in containers, from Island, South Carolina, Tennessee, Ver­ erty through the transaction. Applicants’ Marcus Hook, Pa., to Hopewell, Va., serv­ mont, Virginia, West Virginia, and the attorney: Walter N. Bieneman, Suite ing no intermediate points; the commod­ District of Columbia, between points in 1700, One Woodward Avenue, Detroit, ities classified as (a) meat, meat prod­ Alabama and Texas, between points in MI 48226. Operating rights sought to be ucts, and meat by-products, (b) dairy Florida, on the one hand, and, on the controlled and merged: Under a certifi­ products, and (c) articles distributed by other, points in Arkansas, Iowa, Kansas, cate of registration in Docket No. MC- meat packinghouses, in the appendix to Maine, Michigan, Oklahoma, and Wis­ 98067 (Sub NO. 1), covering the trans­ the report, in Modification of Permits consin, between points in Florida and portation of property, as a common car­ Packing House Products, 46 M.C.C. 23, Georgia, on the one hand, and, on the rier, in interstate commerce, within the between Petersburg and Chase City, Va.,’ other, points in Texas, between points in State of Ohio. Vendee is authorized to southbound via Emporia, Va., and north­ operate as a common carrier in Texas, South Carolina, on the one hand, and, bound via Blackstone, Va., serving all in­ on the other, points in Iowa, Kansas’ Oklahoma, Arkansas, Tennessee, Mis­ termediate points; souri, and Kansas. Application has not Texas, Michigan, and Wisconsin, be­ Fresh fruit, over irregular routes, from tween points in Florida (except points in been filed for temporary authority under West Point, Va., to Washington, D.C., Martin, Palm Beach, Broward, Dade, section 210a(b). N o t e : MC-35320 (Sub No. 135), is a matter directly related. Baltimore, Md., Philadelphia, Pa., and Monroe, Collier, Hendry, Lee, Charlotte,’ New York, N.Y.; empty barrels, from Glades, and DeSoto Counties), on the No. MC-F-11779. Authority sought for Durham, Rocky Mount, Weldon, Hen­ one hand, and, on the other, points in control by J. E. REED and W. H. REED, derson, and Winston-Salem, N.C., to Nor­ California, with restriction. Vendee is 131 Quincy Avenue, Knoxville, TN 37917, folk, Va.; canned goods, from Norfolk, authorized to operate as a common car­ Of SOUTHERN CARTAGE, INC., Post Va., to certain specified points in North rier in California, Nevada, Oregon and Office Box 3117, 401 Jackson Avenue Carolina, and Petersburg and Black- Washington. Application has been filed West, Knoxville, TN 37917. Applicants’ stone, Va.; vinegar, from Winchester, for temporary authority under section attorney: Blaine Buchanan, 1024 James Va., to Henderson, Littleton, Roanoke 210a(b). Building, Chattanooga, Tenn. 37402. Rapids, and Warrenton, N.C.; household No. MC-F-11787. Authority sought for Granting of this application is condi­ goods, between Hopewell and Petersburg, purchase, by O.N.C. FREIGHT SYS­ tioned upon the person or persons en­ Va., on the one hand, and, on the other, gaging in common control or manage­ TEMS, 2800 West Bayshore Road, Palo points in Virginia, North Carolina, Alto, CA 94303, of the operating rights ment filing an application for approval Maryland, Delaware, Pennsylvania, New and property of WILLIAM LOUIS

No. 25—Pt. I---- 9 FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3562 NOTICES

DAMON, doing business as DAMON M o t o r C a r r ie r P assen ger formation concerning the time and place FREIGHT LINES, Post Office Box 609, No. MC-F-11781. Authority sought for of State Commission hearings or other Window Rock, AR 86515, and for acquisi­ purchase by INDIANA MOTOR BUS proceedings, any subsequent changes tion by ROCOR INTERNATIONAL, also COMPANY, 715 South Michigan Street, therein, any other related matters shall of Palo Alto, Calif. 94303, of control of South Bend, IN 46624, of the operating be directed to the State Commission such rights and property through the rights of A.B.C. COACH LINES, INC., 116 with which the application is filed and purchase. Applicants’ attorneys: Martin Rudisill Boulevard, Fort Wayne, IN shall not be addressed to Dr filed with J. Rosen, 140 Montgomery Street, San 46807, and for acquisition by E. E. the Interstate Commerce Commission. Francisco, CA 94104, Roland Rice, 1111-E FURRY AND HELEN HOWELL FURRY, Tennessee Docket No. MC-4884 (Sub- Street NW., Washington, DC 20004, and all of 715 South Michigan Street, South 2), filed January 8, 1973. Applicant: Thomas F. McKenna, 923 Bank of New Bend, IN 46624, of control of such rights DAYTON MOTOR EXPRESS, INC., Mexico Building, Albuquerque, N. Mex. through the purchase. Applicants’ attor­ North Broadway, Dayton, Tenn. Appli­ 87101. Operating rights sought to be ney: Harry J,. Harman, 8130 South Mer- cant’s repersentative: William H. Las­ transferred: General commodities, with idan Street, Indianapolis, IN 46217. siter, Jr., 22d Floor, Life and Casualty the usual exceptions, as a comrhon car­ Operating rights sought to be trans­ Tower, Nashville, Tenn. 37219. Certificate rier over irregular routes, between Al­ ferred: Passengers and their baggage, of public convenience and necessity buquerque, Farmington, Gallup, Gam- and express and newspapers in the same sought to operate a freight service, erco, N. Mex., and Flagstaff, Ariz., on the vehicle with passengers, as a common amended, as follows: Transportation of one hand, and, the Navajo, Zuni and Hopi carrier over regular routes, between Fort General commodities, (except used Indian Reservations in Arizona, New Wayne and South Bend, Ind., with re­ household goods, commodities in bulk, in Mexico, hnd Utah, and points in McKin­ striction. Vendee is authorized to operate tank or hopper vehicles, explosives, and ley County and San Juan County, N. Mex. as a common carrier in Indiana, Michi­ commodities requiring special equip­ (except Gallup and Farmington). Vendee gan, and Illinois. Application has not ment) , in interstate and intrastate com­ is authorized to operate as a common been filed for temporary authority under merce. Between Dayton, Tenn., and carrier in Arizona, California, Nevada, section 210a(b). Watts Bar Dam, Tenn., as follows: To Oregon, and Washington. Application serve the community of Watts Bar Dam, has been filed for temporary authority By the Commission. Tenn., and plantsite of the Tennessee under section 210a (b) . [ s e a l ] R o bert L. O s w a l d , Valley Authority, Nuclear Power Plant No. MC-F-11788. Authority sought for Secretary. located on State Highway 68 (which runs purchase by WEST FARMS EXPRESS, [FR Doc.73-2383 Filed 2-6-73;8:45 am] between U.S. Highway 27 and Sweet­ INC., 1095 Close Avenue, Bronx, NY water, Tenn.) as an off-route point in 10472, of the operating rights of H & M conjunction with applicant’s present FAST FREIGHT, INC., 11 Lancelot Lake, NOTICE OF FILING OF MOTOR CARRIER route authority between Spring City, INTRASTATE APPLICATIONS Dayton, and Chattanoga, Tenn., in in­ East Setauket, NY, and for acquisition terstate and intrastate commerce. by BERNARD SIEGEL, also of Bronx, F ebruary 2,1973. N.Y. 10472, of control of such rights The following applications for motor HEARING: March 8,1973, at the Com­ through the purchase. Applicants’ attor­ mission’s Courtroom, C -l Cordell Hull common carrier authority to operate in Building, Nashville, Tenn., at 9:30 a.m. ney : William Biederman, 280 Broadway, intrastate commerce seek concurrent New York, NY 10007. Operating rights Requests for procedural information in­ motor carrier authorization in interstate cluding the time for filing protests con­ sought to be transferred: Under a certifi­ or foreign commerce within the limits of cate of registration in Docket No. MC- cerning this application should be ad­ the intrastate authority sought, pursuant dressed to the Tennessee Public Service 99756 (Sub-No. 1), covering the trans­ Commission, Cordell Hull Building, portation of general commodities, as a to section 206(a) (6) of the Interstate Commerce Act, as amended October 15,- Nashville, Tenn., 37219, and should not common carrier, in interstate commerce, be directed to the Interstate Commerce within the State of New York. Vendee is 1962. These applications are governed by Commission. authorized to operate as a common car­ Special Rule 1.245 of th§ Commission’s rier in New Jersey and New York. Appli­ By the Commission. rules of practice, published in the F ed ­ cation has been filed for temporary au­ eral R e g is t e r , issue of April 11, 1963, [ s e a l ] R o be r t L. O s w a l d , thority under section 210a(b). N o t e : Secretary. MC-74164 (Sub-No. 6) is a directly re­ page 3533, which provides, among other lated matter. things, that protests and requests for in­ [FR Doc.73-2381 Filed 2-6-73;8:45 am]

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 FEDERAL REGISTER 3563 CUMULATIVE LIST OF PARTS AFFECTED— FEBRUARY

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 February.

3 CFR Pag« 13 CFR 28 CFR Page P roclamation : P ro posed R u l e s : 17. 4186______3503 121______3413 2 9 CFR 14 CFR 5 CFR 70______------3192 39______3190 213_------*______3037, 3187 1952______3041 352______3390 61______3156 71______3040, 3190, 3505, 3506 3 0 CFR 6 CFR 73______3191, 3506 91______315675 ______------3406, 3407 130______3187 95______i 3310, 3311 3 1 CFR P ropo sed R u l e s : P roposed R u l e s : 1 0 3 ______130______3202 65______3410 316 ______------_ 3446 71______3200, 3201, 3525 7 CFR 3 2 CFR 16 CFR 51------3390 1 0 0 ______. — ___ 3043 54_------3188 13------— 3398-3400 70______3188 P roposed R ules : 17 CFR 301______3393, 3396 641_____ 1______241______3313 ------3051 724______3293, 3296 1460______------3413 726______3298 P ro posed R u l e s : 905______3396 240------3100, 3339 3 2 A CFR 907______I______:____ 3037 Ch. X : 910______3189, 3298 18 CFR O I Reg. 1 ------_ 3407 1049______3299 2____ _ 3401 P ropo sed R u l e s : 3______3401 3 3 CFR 52__. 3195 11____ 3401 117______780— 3071 32 ______3401 127______1036. 3064 33 ______3401 P roposed R ules : 1103. 3069 34_____ 3401 401 __ _ 35 ______1816. 3516 3401 3 6 CFR 1890. 3516 36 ______3401 45_____ 3401 212______8 CFR 159____ 3401 P roposed R ules : 204___ 3187 19 CFR 327__ 238___ 3188 22------3192 299___ 3188 3 7 CFR P ropo sed R u l e s : 316a__. 3188 201______499___ 3188 1------3334 202______3045 21 CFR 9 CFR 3 8 CFR 76------3309, 3397 3------3401 78____------^------3397 128b______3402 P roposed R ules: 307______3189 135a______3040 3 ______350______3189 135c------3192, 3402 355______3189 135e___------3309, 3402 3 9 CFR 381______3189 135g------3402 445______l ______3038 144------:— ------3507 3001______447______3038 149b— :______3402 150g------3403 4 0 CFR 10 CFR 295______3403 180______------3045,3511 2------3398 P ro posed R u l e s : P roposed R ules : 73------3038 1 — ------3523 51______150______3039 301------3195 52____ P ro po sed R u l e s : 22 CFR 201 50------3073, 3334 207____ ------___------3507 202______70------3075, 3077 73------3080, 3082 24 CFR 4 1 CFR 140______3336 1914------3404, 3405 60-40______1934------3313 60-50______12 CFR 101-4______26 CFR 584______101-42 ____ 3039 1______3040, 3189 101-43______P roposed R u l e s : 3______3314 101-44______546______53______3314 101-45______3527 147______563______3527 ___ 3040 P roposed R ules: 563b______3527 P roposed R u l e s : 3 -4 ______571______3527 1...... 3334 60-2______

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3564 FEDERAL REGISTER

43 CFR Page 47 CFR Page 49 CFR Page 18______3385 73______3312, 3388 571—______3047, 3331 P u b l ic L and O r d e r s : P ropo sed R u l e s : 1003______3389 5320—______3194 1 —„ 1______3336 1033______3332,3333, 3512-3514 73______— _ 3337 1150______3389 45 CFR 89______3338 1311—______— ______3389 91______3338 P ropo sed R u l e s : 185______3450 93______3338 1105__ —______3511 391——____ 3364 P ropo sed R u l e s : 393______3412 190______3228 571 ______3201 233______3200 50 CFR 46 CFR 28______3047, 3515 33______* ___ 3047, 3390 P ropo sed R u l e s : 531______3412 P ro posed R u l e s : 536______3412 240______— 3517

FEDERAL REGISTER PAGES AND DATES— FEBRUARY

P a g es D a te 3031-3179______Feb. 1 3181-3285______2 3287-3377______5 3379-3496__ .______6 3497-3570______7

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 WEDNESDAY, FEBRUARY 7, 1973 WASHINGTON, D.C.

Volume 38 ■ Number 25 PART II

DEPARTMENT OF JUSTICE

Law Enforcement Assistance Administration

ADMINISTRATIVE REVIEW PROCEDURE 3566 RULES AND REGULATIONS

Title 28— Judicial Administration sec. (e) Party. The term “party” means 17.1 Purpose and scope of the rules. any person authorized under chapter 46 CHAPTER I— DEPARTMENT OF JUSTICE 17.2 Definitions. of title 42 of the United States Code to PART 17— LEAA ADMINISTRATIVE REVIEW A u t h o r ize d P roceedings participate in hearings or investigation PROCEDURE 17.31 Administrative investigations. proceedings. 17.32 Compliance hearing. (f) Person. The term “person” means This addition to Chapter I of Title 28 any natural, corporate, or government of the Code of Federal Regulations is 17.33 Adjudicative hearing. 17.34 Rehearing. entity. issued as Part 17 by the Law Enforcement 17.35 Hearing upon remand. (g) Proceeding. The term “proceed­ Assistance Administration. P leadin gs ing” means either a hearing or an in- This addition is based on a notice of vestìgatin. proposed rule making published in the 17.41 Request for hearing. (h) Public hearing. The term “public F ederal R e g is te r on August 12, 1972 (37 17.42 Complaints. hearing” means a hearing in which any FR 16401). 17.43 Notice of hearing. 17.44 Prehearing conference. party may proffer evidence, and in which The overall purpose of this procedure is any person may be present and may tes­ to implement the proceedings authorized P rocedure f o r H ea rin g s, R e h e a r in g s, an d tify with the permission of the hearing by the Administrative Provisions of the H e a r in g s U p o n R e m a n d examiner. Omnibus Crime Control and Safe Streets 17.51 General rules. (i) Qualified counsel. The term “qual­ Act of 1968, as amended, Subchapter of 17.52 Presiding officials. ified counsel” means any individual who Chapter 46 of Title 42 of the United 17.53 Evidence and record. is a member in good standing of the bar States Code. This procedure is set up to 17.54 Motions. 17.55 Discovery. of the highest court of a State, which in­ provide public hearings with all adminis­ cludes the Commonwealth of Puerto trative procedure safeguards. Hearings 17.56 Proposed findings, conclusions, and order. Rico, the District of Columbia, the terri­ are provided to achieve resolution of dis­ 17.57 Action by the Administration. tories of Guam, the Virgin Islands, and puted issues by the fastest and most in­ P rocedure fo r I nvestigations American Samoa. expensive means. The procedure is based (j) Region. The term “region” means upon the theory that open proceedings 17.61 Generally. any one of the ten (10) geographical di­ and full consideration of all facts is the 17.62 Conduct of proceedings. visions of the Administration. best course. Any contrary language in the D eterminations an d F in d in g s of F act procedure should be strictly construed. (k) State planning agency. The term Four kinds of proceedings are set out 17.71 Generally. “State planning agency” means any or­ in the procedure: 17.72 Finality of the proceedings. ganization established and operating un­ (i) Compliance hearings for any LEAA 17.73 Limitation of the hearing examiner’s der the authority of subchapters II and authority. HI of chapter 46 of title 42 of the United grant fund withholdings, denials, or ter­ 17.80 Effect on other regulations. minations; States Code. A u t h o r it y : Administrative Provisions, (l) Sub-grant: The term “sub-grant” (ii) Compliance hearings for a State Omnibus Crime Control and Safe Streets sub-grantee alleging abuse of the State means a distribution of funds between a Act of 1968, as amended, Subchapter of Ch. State planning àgency and the person to hearing and appeal procedures; 46 of title 42, United States Code. (iii) An adjudicative hearing for any whom the funds have been allocated. direct LEAA grantee or applicant allega­ § 17.1 Purpose and scope of the rules. (m) Sub-grant applicant, The term tions; and In order to accomplish the purposes of “sub-grant applicant” means any per­ (iv) An administrative investigation Title I of the Omnibus Crime Control son who is authorized to apply to a State prior to hearing to gather information, and Safe Streets Act of 1968, to pro­ planning agency for a sub-grant accord­ and to attempt resolution short of the mote and insure the appropriate distri­ ing to the rules and procedures promul­ statutory remedies. bution of all funds controlled by the Law gated by such State planning agency Each hearing authorized under this Enforcement Assistance Administration, under 42 U.S.C. section 3733. adm inistrative procedure closely follows and to ensure compliance with the ap­ (n) Sub-grantee. The term “sub­ the standards set out in the Adminis­ plicable laws and regulations, the rules grantee” means any person who is re­ trative Procedure Act, 5 U.S.C. section and' procedures set forth in this part ceiving a sub-grant from a State plan­ 550 et seq. shall be observed by all individuals and ning agency. The wide latitude given by these pro­ organizations applying for or receiving cedures do not necessarily constitute a funds, either directly or through inter­ A u t h o r iz e d P roceed ing s widening of the rules applicable to per­ mediate agencies, from the Law Enforce­ § 17.31 Administrative investigations. missible complainants. In all hearings, ment Assistance Administration. The (a) Compliance investigation. The re­ the only permissible parties remain the rules and procedures of this part govern sponsible Administration official or his Administration, applicants, or grantees. all proceedings authorized under chapter designee will make a prompt investiga­ However, the administrative investiga­ 46 of title 42 of the United States Code. tion under 42 U.S.C. 3757 whenever a tion permits complaints by a wide variety § 17.2 Definitions. compliance review, report, complaint, or of individuals, although the Administra­ any other information indicates a pos­ tion still retains ultimate discretion. (a) Administration. The term “Ad­ able failure to comply with provisions of The hearing procedure itself contains ministration” means the Law Enforce­ the “Act” and regulations promùlgated two noteworthy features. First, there is ment Assistance Administration, as es­ by the administration or plan or appli­ a provision for a prehearing conference tablished under chapter 46 of title 42 of cation submitted under thè “Act.” The prior to any hearing under the proce­ the United' States Code, and includes investigation should include, where ap­ dures. This feature would streamline the every organizational instrumentality propriate, a review of the pertinent prac­ proceeding and promote smoother opera­ thereof. tices and policies of the recipient, the cir­ tion. Secondly, the procedure provides (b) Applicant. The term “ applicant” cumstances under which the possible for discovery through the use of oral and means any person who is authorized to noncompliance occurred, and other fac­ written depositions, written interroga­ apply directly to the Administration, un­ tors relevant to a determination as to tories, and subpoenas duces tecum. The der chapter 46 of title 42 of the United whether the recipient has failed to com­ purpose here is also to facilitate the ad­ States Code, for a grant. ply. judication of cases. (c) Grant. The term “grant” means a (b) Resolution of matters. (1) If an in­ Effective date. The foregoing Hearing direct award of funds between the Ad­ vestigation pursuant to paragraph (a) of and Appeal Procedure shall be effective ministration and the person to whom this section indicates a failure to comply, on February 7,1973. the funds have been allocated. the responsible Administration official or (d) Grantee. The term “grantee” his designee will so inform the recipient J e r r is L eon ard, Administrator, Law Enforcement means any person who is receiving a and the matter will be resolved by in­ Assistance Administration. grant from the Administration. formal means whenever possible. If it has

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 RULES AND REGULATIONS 3567

been determined that the matter cannot the grant to another grantee or other P lea din gs be resolved by informal means, action appropriate action. Compliance hearings will be taken as provided in § 17.32. shall be conducted according to the rules * § 17.41 Request for hearing. (2) If an investigation does not war­ and procedures of this part. (a) All hearings or rehearings, except rant action pursuant to § 17.32, the re­ for compliance hearings and hearings sponsible Administration - official or his § 17.33 Adjudicative hearing* upon remand shall be initiated by the designee will so inform the recipient and Every hearing held under the authority filing of a request for a hearing with the the complainant, if any, in writing. of 42 U.S.C. section 3758(b) shall be Administration. (c) Adjudicative investigation. An in­ known as an “adjudicative hearing.” (b) The applicant’s or grantee’s re­ vestigation proceeding may be initiated Such hearing may be initiated by an ap­ quest shall contain the following: by the Administration prior to the con­ plicant or grantee at any time upon satis­ (1) Recital of the regulation under duct of a hearing under the authority of faction of the rules and procedures of which the requestor is applying for re­ 42 U.S.C. § 3758(b) so the matter may be this part for the bringing of a claim. view; and resolved by informal means whenever However, subgrantees or subgrant appli­ (2) A clear and concise factual state­ possible. If it has been determined that cants may not initiate an adjudicative ment sufficient to inform the Adminis­ the matter cannot be resolved by in­ hearing. An applicant or grantee may ini­ tration with reasonable definiteness of- formal means action will be taken as tiate an adjudicative hearing only under the nature of petitioner's request and of provided for in § 17.33. the following circumstances: the issues involved. (d) Right to hearing. No recipient of (a) Rejection of an applicant’s appli­ (3) Recital of relief requested. Federal financial assistance or applicant cation; or § 17.42 Complaints. for such assistance shall be denied access (b) Denial of any grant to grantee; or (a) All compliance hearings and all to the hearing or appeal procedures set (c) Reduction of a portion of a grant forth in §§ 17.32 and 17.33 for denial or to a grantee; or hearings upon remand will be initiated discontinuance of a grant or withholding by the issuance and service of a com­ of payments thereunder resulting from (d) Granting of a lesser amount than plaint by the Administration upon the the application of this subpart. the applicant believes to be appropriate applicant or grantee: under chapter 46 of title 42 of the United (1) In a compliance hearing, the com­ § 17.32 Compliance hearing. States Code. plaint will contain notice to the appli­ Every hearing held under the authority Adjudicative hearings shall be conducted cant or grantee of the action to be taken of 42 U.S.C. section 3757 shall be known according to the rules and procedures and of his opportunity to request a hear­ as a "compliance hearing.” Such hearing of this part. ing on the matter and will recite the alle­ shall be initiated by the Administration gations which form the basis of the if, within ten (10) days after serving a § 17.34 Rehearing. complaint; notice of noncompliance by registered Every hearing held under the authority (2) In a hearing, upon remand, the mail upon an applicant or grantee, any of 42 U.S.C. section 3758(c) shall be complaint will contain notice to the ap­ notified applicant or grantee makes writ­ known as a “rehearing.” Such hearing plicant or grantee of the proposed taking ten request to the Administration for a may be initiated by an applicant or a of evidence and of his opportunity to file hearing. Otherwise, the opportunity for grantee after final action under § 17.33 an answer and will recite allegations hearing shall be deemed to have been if he makes a written request for a re­ based up on the issues remanded by the waived. The Administration is authorized hearing within thirty (30) days after the court. to serve a notice of noncompliance issuance of the determinations and find­ (b) The applicant or grantee will have against any applicant or grantee in the ings of fact by the Administration. Other­ thirty (30) days in which to file an an­ following situations: Upon the written wise, the right of the applicant or grantee swer to the complaint. request of a subgrantee or subgrant to a rehearing shall be deemed to have (D Content of the answer. If the alle­ applicant alleging an abuse of a State been waived. The Administration shall gations of fact in the complaint are con­ planning agency’s approved hearing and order a rehearing if it finds that the tested, the applicant or grantee will give appeal procedures, as promulgated under applicant or grantee has presented newly a concise statement of the facts consti­ the provision of 42 U.S.C. section arisen or newly discovered matter which tuting each ground of defense, will spe­ 3733(7) ; or, upon its own initiative, is sufficient to require the conduct of fur­ cifically admit, deny, or explain each if it decides that there has been a ther proceedings on the issue, or the ap­ fact alleged in the Complaint or, if the substantial failure to comply with para­ plicant or grantee has shown some defect applicant or grantee is without knowledge graph (a) or (b) of this section. The Ad­ in the conduct of the initial hearing suffi­ thereof, will state that he is without ministration shall withhold any pay­ cient to cause -substantial unf airness in knowledge of the particular fact. ments made under chapter 46 of title 42 reaching the result therein. New or modi­ (2) Motion for a more definite state­ of the United States Code after a waiver fied findings of fact and determinations m ent. Where a reasonable showing to of hearing by the applicant or grantee may be given by the Administration after the satisfaction of the hearing examiner or after .a compliance hearing on the a rehearing. All rehearings shall be con­ is made by an applicant or grantee that merits of the case, if the Administration ducted under the rules and procedures of he cannot frame a responsive answer determines that there has been a sub­ this part which govern adjudicative based on the allegations contained in the stantial failure on the part of the ap­ hearings. complaint, he may move for a more defi­ plicant or grantee to comply with and §17.35 Hearing upon remand. nite statement of allegations by the Ad­ take affirmative action to comply with; ministration before he files an answer. (a) The regulations of the Administra­ Every hearing held under the author­ Such a motion shall be filed within ten tion promulgated under chapter 46 of ity of 42 U.S.C. section 3759 shall be (10) days after service of the complaint title 42 of the United States Code; known as a “hearing upon remand.” Such and the applicant’s or grantee’s answer (b) Any plan or application submitted hearing will be initiated by the Adminis­ must be filed within ten (10) days after under the provisions of chapter 46 of tration upon remand from a court for service of a more definite statement of title 42 of the United States Code. further proceedings, concerning any final allegations. If the motion for a more action o f the Administration under definite statement is denied, the appli­ Lesser sanctions available to the Admin­ §§ 17.32-17.34 or concerning an applica­ istration include: Public disclosure of cant or. grantee shall file his answer ten tion or plan submitted under chapter 46 (10) days after service of the order of the failure to comply; injunctive action of title 42 of the United States Code. New in the Federal courts; disallowance as a denial or thirty (30) days after service or modified findings of fact and deter­ of complaint, whichever is later. program or project cost of an expendi­ minations may be given by the Admin­ ture that does not conform with LEAA istration after a hearing upon remand. § 17.43 Notice of hearing. standards; partial denial or cutoff of All hearings upon remand shall be con­ The filing of a claim by an applicant funds; imposition of additional require­ ducted under the rules and procedures ments by special conditions; transfer of or grantee under § 17.41 shall constitute which govern compliance hearings. adequate and due notice to him under

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3568 RULES AND REGULATIONS the rules and procedures of this part. 3759 shall be initiated, under the pro­ (5) The power to rule on offers of The service of a complaint by registered visions of § 17.4, at the Administration proof and to receive evidence; mail on an applicant or grantee under headquarters in Washington, D.C. (6) The power to take depositions or § 17.42 shall constitute adequate and due (3) Rehearings. The initiation of re­to cause depositions to be taken when notice to him under the rules and proce­ hearings will be governed by the provi­ the ends of justice are served; dures of this part. sions of §17.51(b)(l), except that any (7) The power to hold conferences rehearing may be initiated at the Ad­ under § 17.44 for the settlement or sim­ § 17.44 Prehearing conference. ministration headquarters in Washing­ plification of the issues or for any other (a) When permitted. The hearing ex­ ton, D.C., at the discretion of the ap­ proper purpose; aminer, upon his own motion or upon plicant or grantee. (8) The power to consider and rule application of either party, may call (c) Place of hearings.— (1) Hearings upon procedural requests and other mo­ upon the parties to appear before him to initiated in regional offices. A hearing tions, including motions for default; consider: which is initiated in a regional office may (9) The duty to conduct fair and im­ (1) Simplification or clarification of be held at any place within that region, partial hearings; the issues; at the discretion of the hearing examiner (10) The duty to maintain order; (2) Stipulations, admissions, agree­ or the Administration. (11) The duty to avoid unnecessary ments on documents, or other under­ (2) Hearings initiated at the Adminis­ delay; and standings which will avoid unnecessary tration headquarters. A hearing which (12) All powers and duties expressly proof; is initiated at the Administration head­ or impliedly authorized by this part, by (3) Limitation of the number of ex­ quarters in Washington, D.C„ may be chapter 46 of title 42 of the United States pert witnesses and of other cumulative held at any place within any region, at Code and by the Administrative Proce­ evidence; the discretion of the hearing examiner dures Act as restated and incorporated (4) Settlement of all or part of the or the Administration. in title 5 of the United States Code. issues In dispute; (d) Expedition. All hearings which are (d) Suspension of counsel by hearing (5) Such other matters as may aid in held under this part shall proceed in an exam iner. The hearing examiner shall the disposition of the case; expeditious manner. Such hearings shall have the authority, for good cause stated (b) Conference record. The results of be held in one place and shall continue on the record, to suspend or bar from the conference shall be reduced to writ­ without suspension until conclusion, ex­ participation in a particular proceed­ ing by the hearing examiner within five cept that a hearing examiner may call ing any counsel who shall refuse to com­ (5) days after the close of the conference. reasonable recesses, may order hearings ply with his directions, or who shall be Copies shall be duly served on the parties to be held at more than one place when guilty of disorderly, dilatory, obstruc­ who may, within ten (10) days from re­ good cause for such action has been tionist, or contumacious conduct, or con­ ceipt of the written record, file objection, shown to the hearing examiner’s satis­ temptuous language in the course of such comment, request for correction or other faction, and may order brief intervals proceeding. Any counsel so suspended motion pertaining to that record of pre- to permit discovery under § 17.56. No or barred shall have an immediate right hearing conference. The record of other intervals shall be authorized for of appeal to the Administration. Such prehearing conference together with any hearings except as directed by the Ad­ appeals shall be in the form of a brief objection comment, request for correc­ ministration. not to exceed thirty (30) pages in length tion or other motion made by the parties (e) Rights of parties. Any party par­ and shall be filed within five (5) days shall become a part of the hearing ticipating in a hearing under this part after notice of the hearing examiner’s record. shall be given reasonable notice and op­ action. Answer thereto may be filed portunity for hearing, shall be allowed within five (5) days after service of the P rocedure f o r H e a r in g s, R e h e a r in g s, to present evidence on his behalf, shall appeal brief. The appeal shall not op­ and H e a r in g s U p o n R em an d be able to be represented at every stage erate to suspend the hearing unless § 17.51 General rules. of the hearing procedures by qualified otherwise ordered by the hearing exam­ counsel. iner or the Administration; in the event (a) Public hearings. All hearings un­ (f) Participation. Any party or any the hearing is not suspended, the coun­ der this part shall be public unless other­ interested person or his representative sel may continue to participate therein wise ordered by the Administration. may be sworn as a witness and heard. pending disposition of the appeal. Prior to the holding of a public hearing, (e) Disqualification of hearing exam­ the Administration shall give notice of § 17.52 Presiding officials. iner. (l) When a hearing examiner deems the hearing to all persons by notice in (a) Who presides. Any duly qualified himself disqualified to preside in a par­ the F ederal R e g is te r and by posting an­ hearing examiner or any member of the ticular proceeding, he shall withdraw nouncement of the hearing in a news­ Administration so authorized by the Ad­ therefrom by giving notice on the record paper of general circulation for at least ministration may hold a hearing under and shall notify the Administration of five (5) consecutive days immediately this part. The term “hearing examiner” such withdrawal. preceding the day of the hearing. as used in this part means and applies (2) Whenever any party shall deem (b) Initiation of hearings.— (1) G en­ to any member of the Administration the hearing examiner for any reason to erally. All compliance hearings, adjudi­ when so sitting. be disqualified to preside, or to continue cative hearings, or rehearings relating (b) How assigned. The presiding to preside, in a particular proceeding, to the distribution of funds under sub­ hearing examiner shall be designated by such party may file with the Adminis­ chapters n , HI, or IV-A or section 3746 the Administration, who shall notify the tration a motion to disqualify and re­ of chapter 46 of title 42 of the United parties of the hearing examiner desig­ move the hearing examiner, such motion States Code shall be Initiated, under the nated. to be supported by affidavits setting forth provisions of § 17.4, in that regional office (c) Powers and duties. Every hearing the alleged grounds for disqualification. which exercises administrative control examiner shall have all of the following A copy of the motion shall be served by over the party’s application or grant. All powers and duties: the Administration on the hearing exam­ compliance hearings, adjudicative hear­ iner whose removal is sought, and the ings, or rehearings relating to the dis­ (1) The power to hold hearings and regulate the course of the hearings and hearing examiner shall have ten (10) tribution of funds under subchapter IV, days from such service within which to exclusice of § 3746, of chapter 46 of title the conduct of the parties and their counsel therein; reply. If the hearing examiner does not 42 of the United States Code shall be ini­ disqualify himself within the ten (10) tiated, under the provisions of § 17.4, at (2) The power to sign and issue sub­ days within which he may reply, then the the Administration headquarters in poenas and other orders requiring Administration shall promptly determine Washington, D.C. access; the validity of the grounds alleged, either (2) Hearings Upon remand. All hear­ (3) The power to administer oaths directly or on the report of another hear­ ings upon remand from judicial review and affirmations; ing examiner appointed to conduct a under the provisions of 42 U.S.C. section (4) The power to examine witnesses; hearing for that purpose.

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 RULES AND REGULATIONS 3569

(f) Failure to comply with a hearinglonger or shorter time as may be desig­ tect the party or deponent from the un­ examiner's directions. Any party who re­ nated by the hearing examiner or the necessary disclosure or publication of in­ fuses or falls to comply with a lawfully Administration, the opposing party shall formation contrary to the public inter­ issued order or directive of a hearing ex­ answer or shall be deemed to have con­ est or beyond the requirements of jus­ aminer may be considered to be in con­ sented to the granting of the relief asked tice in the particular proceeding. tempt of the Administration. The cir­ for in the motion. The moving party shall (5) Taking a deposition. Each depo­ cumstances of any such neglect, ^refusal, have no right to reply, except as per­ nent shall be duly sworn, and any ad­ or failure, together with a recommenda­ mitted by the hearing examiner or the verse party shall have the right to cross- tion for appropriate action, shall be Administration. examine. Objections to questions or doc­ promptly forwarded by the hearing ex­ (d) Rulings on motions: All rulings onuments shall be in short form, stating aminer to the Administration. The Ad­ motions shall be made only after giving the grounds of objections relied upon. ministration may take such action in re­ all parties a reasonable opportunity to The questions propounded and the an­ gard thereto as it feels the circumstances make a statement on their behalf. swers thereto, together with all objec­ may warrant. tions made (but not including argu­ § 17.55 Discovery. §17.53 Evidence and record. ment or debate), shall be reduced to writ­ (.&Y Dispositions— (1) When justified. ing and certified by the officer before (a) The hearing, decision, and any At any time after the initiation of the whom the deposition was taken. There­ administrative review thereof shall be proceeding, whether or. not the issue has after, the officer shall forward the depo­ conducted in conformity with sections been joined, the hearing examiner, at sition and one (1) copy thereof to the 5-8 of the Administrative Procedure Act, his discretion, may order by subpoena the party at whose instance the deposition and in accordance with such rules of taking of a deposition and the produc­ was taken and shail forward one (1) procedure as are proper (and not incon­ tion of documents by the deponent. Such copy thereof to the representative of sistent with this section) relating to the order may be entered upon a showing each other party who was present or conduct of the hearing, giving of notices that the deposition is necessary for dis­ represented at the taking of the subsequent to those provided for in sec­ covery purposes, and that such discovery deposition. tion 17.43 of this section, taking of testi­ could not be accomplished by voluntary (6) Admissions. A deposition or any mony, exhibits, arguments and briefs, methods. Such an order may also be en-. part thereof may be admitted into evi­ requests for findings, and other related tered in extraordinary circumstances to dence-as against any party who was pres­ matters. Both the Administration and the preserve relevant evidence upon a show­ ent or represented at the taking of the applicant or recipient shall be entitled ing that there is substantial reason to deposition or who had due notice thereof, to introduce all relevant evidence on the believe that such evidence could not be if the hearing examiner finds: (i) issues as stated in the notice for hear­ presented through a witness at the hear­ That the deponent is dead; (ii) that the ing or as determined by the officer con­ ing. The decisive factors for a determina­ deponent is out of the United States or ducting the hearing at the outset of or tion under this subsection, however, shall is located at such a distance that his at­ during the hearing. be fairness to all parties and the require­ tendance would be impractical, unless it (b) Technical rules of evidence shall ments of due process. Depositions may be appears that the absence of the depo­ not apply to hearings conducted pur­ taken orally or upon written questions nent was procured by the party offering suant to this part, but rules or principles before any person having power to ad­ the deposition; (iii) that the deponent designed to assure production of the most minister oaths who may be designated by is unable to attend or testify because of credible evidence available and to sub­ the hearing examiner. age, sickness, infirmity, or imprisonment; ject testimony to test by cross-examina­ (2) Form of application. Any party (iv) that the party offering the deposi­ tion shall be applied where reasonably desiring to take a deposition shall make tion has been unable to procure the at­ necessary by the officer conducting the application in writing to the hearing ex­ tendance of the deponent by subpoena; hearing. The hearing officer may exclude aminer, setting forth the justification or (v) that there are good and sufficient irrelevant, immaterial, or unduly repe­ therefor, the time when, the place where, reasons for such admission and that the titious evidence. All documents and other and the name and address of each pro-, admission of the evidence would be fair evidence offered or taken for the record posed deponent and the subject matter as to adverse parties and in accordance shall be open to examination by the concerning which each is expected to with elementary principles of due proc­ parties and opportunity shall be given to depose, and shall, at this time, request ess for all parties. In all cases, the ad­ refute facts and arguments advanced on any subpoenas which are desired to effect mission of such testimony shall occur either side of the issues. A transcript the deposition. The hearing examiner only after adequate notice and oppor­ shall be made of the oral evidence except shall then issue a notice of subpoena to tunity for argument have been given to to the extent the substance thereof is the person to be deposed. all parties. stipulated for the record. All decisions (3) Ruling on the application. Such (b) Interrogatories to the parties— shall be based upon the hearing record order as the hearing examiner may issue (1) Availability. Any party may serve and written findings shall be made. for taking a deposition shall state the upon any other party written interroga­ § 17.54 Motions. circumstances warranting i£s being taken tories to be answered by the party served, and shall designate the time when, the or by an authorized representative of the (a) Presentation and dispositions: place where, and the name and address During the time a proceeding is before party if the party served is a corporate or of the officer before whom the deposi­ governmental entity. The party served a hearing examiner, all motions therein, tion is desired. The time designated shall except those filed under § 17.52(e) (2), shall also furnish all information which allow not less than five (5) days from is available to him. Interrogatories shall shall be addressed to the hearing exam­ the date of service of the order, when iner and, if within his authority, shall not be served until after the applicant’s the deposition is to taken within the or grantee’s claim or answer has been be ruled upon by him. Any motion upon United States, and not less than fifteen which the hearing examiner has no au­ filed. (15) days, when the deposition is to be (2) Form of interrogatories and re­ thority to rule Shall be certified by him taken elsewhere. . to the Administration with his recom­ sponses. The interrogatories shall be ad­ mendation. All written motions shall be (4) Modification of ruling. Upon a mo­ dressed to the party or to his authorized filed with the office in which the proceed­ tion, within ten (10) days after service representative and may be served on the ing was initiated and all motions ad­ of the notice of subpoena, by any party party, his authorized representative, or dressed to the Administration shall be in or by the person to be deposed and after his attorney. Each interrogatory shall be answered separately and fully in writing writing. a showing of good cause, the hearing (b) Content: All written motions shall under oath by the party addressed or by state the particular order, ruling, or ac­ examiner may order that the deposition his authorized representative. Responses tion desired and the grounds therefor. shall not be taken, that certain matters to the interrogatories must be filed with (c) Within ten (10) days after serv­ not be inquired into, or may make any the Administration and a copy served ice of any written motion, or within such other order which justice requires to pro­ upon the other party within ten (10)

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973 3570 RULES AND REGULATIONS days after service of the interrogatories provisions of this part will be entertained investigator conducting the proceeding. unless objection is made to such inter­ by the Administration only upon a show­ The sole inquiry of the administrative rogatories. In the case of objections, the ing that the ruling complained of in­ investigation under § 17.31 will be answering party shall have ten (10) days volved substantial rights, and will mate­ whether or not to hold further adminis­ after service of the interrogatories or rially affect the final decision, and that trative proceedings concerning the ap­ five (5) days after the issuance of the a determination of its correctness before plication or grant at issue. hearing examiner’s ruling, whichever is conclusion of the hearing is essential to D eterminations and F in d in g s o f F act later, to file the interrogatories. The serve the interests of justice. Such ap­ answers are to be signed by the person peals shall be made on the record and § 17.71 Generally. making them. shall be in the form of a brief not to Any determination or finding of fact (3) Rulings. Within ten (10) days exceed thirty (30) pages in length and by the Administration shall constitute after the service of the written interroga­ shall be filed within five (5) days after final action on the question. The recom­ tories, the parties served must file ob­ notice of the ruling complained of. An­ mendations of a hearing examiner or an jections with the hearing examiner to swer to any such appeal may be filed investigator shall become determinations the interrogatories or waive any objec­ within five (5) days after service of the and findings of fact upon written accept­ tion thereto. The hearing examiner may, appeal brief. The appeal shall not operate ance, rejection, or modification by the after a showing of good cause, limit or to suspend the hearing unless otherwise Administration after review under the refuse to allow the interrogatories, in ordered by the hearing examiner or the Administration’s rules and regulations. whole or in part, if he finds that the in­ Administration. Determinations and findings of fact may formation called for would be privileged, §*17.56 Proposed findings, conclusions, not, however, modify or abridge a party’s irrelevant, or otherwise improper or that and ord er. right to any proceeding authorized by the requirement of a response would At the close of the reception of evi­ this part or by chapter 46 of title 42 of result in the unnecessary disclosure or dence, or within a reasonable time there­ the U.S. Code. publication of Information contrary to after, the hearing examiner will submit § 17.72 Finality of the proceedings. the public interest or beyond the require­ Viis proposed findings of fact, conclusions ments of justice in a particular proceed­ Determinations and findings of fact of law, and ruling or order, together with made by the Administration shall be ing. reasons therefor and briefs in support (c) Subpoenas— (1) Subpoenas act tes­thereof. Such proposals shall be in writ­ final and conclusive, if supported by sub­ tificandum. Application for issuance of a stantial evidence, upon all applicants or ing, shall be served upon all parties, shall grantees in a compliance hearing under subpoena requiring a person to appear contain adequate references to the rec­ and depose or testify at the taking of a § 17.32 or in an adjudicative hearing ord and authorities relied on, and shall under § 17.33 (except that a subsequent deposition or at a hearing, rehearing, or constitute the hearing examiner’s recom­ a hearing upon remand shall be made to mendations for the purposes of this part. hearing shall constitute a trial de novo on the hearing examiner. the facts) in a rehearing under § 17.34, (2) Subpoenas duces tecum, (i) Appli­ § 17.57 Action by the Administration. or in a hearing under a petition for judi­ cation for issuance of a subpoena requir­ Upon receipt of the recommendations cial review, except that the Administra­ ing a person to appear and depose or of the hearing examiner, the Administra­ tion may make new or modified findings testify and to produce specified docu­ tion will review the proceedings pursuant or determinations pursuant to 42 U.S.C. ments, papers, books, or other physical to § 17.7. Before a determination of find­ Sec. 3759(b) upon remand from a court. exhibits at the taking of a deposition, or ing of fact is made by the Administra­ Such new or modified findings or de­ at a prehearing conference, or at a hear­ tion, the parties shall be given an oppor­ terminations, when filed in the remand­ ing, rehearing, or hearing upon remand tunity to submit, within thirty (30) days ing court, shall likewise be final and con­ shall be made in writing to the hearing after the date of the submission of the clusive, if supported by substantial examiner and shall specify as exactly as hearing examiner’s recommendations, evidence. possible the material to be reproduced, for Administration consideration: § 17.73 Limitation of the hearing exam­ showing the general relevancy of the (a) Proposed findings and determina­ iner’s authority. material and the reasonableness of the tions; or A hearing examiner may reopen a scope of the subpoena. (b) Exceptions to the recommenda­ (U) Subpoenas duces tecum may be proceeding at any time prior to his sub­ used by any party for purposes of dis­ tions of the hearing examiner; and mission of recommendations to the Ad­ covery of nonprivileged documents, pa­ (c) Supporting reasons for the excep­ ministration. After submission of his pers, books, or other physical exhibits tions or proposed findings or determina­ recommendations, the hearing exami­ relevant for use in evidence, or for ob­ tions. ner’s jurisdiction is terminated, except taining copies of such materials, or for P rocedu re f o r I nvestigations for the correction of clerical errors. both purposes. However, the Administration, at its own (iii) Upon receipt of an application for§ 17.61 Generally. discretion, may remand a proceeding to subpoena duces tecum, the hearing ex­ An administrative investigation pro­ a hearing examiner for further inquiry aminer shall issue a notice of subpoena ceeding under § 17.31 may be held any­ after the presentation of recommenda­ to the party or person to be deposed. where in the United States, at the dis­ tions and before the making of deter­ Within ten (10) days after service of the cretion of the Administration. minations and findings of fact. notice of subpoena, the persons or parties § 17.62 Conduct of proceedings. § 17.30 Effect on other regulations. served must file objections with the hear­ ing examiner to the subpoenas or waive The overriding requirement in the ad­ Nothing in this procedure shall be any objections thereto. The hearing ex­ ministrative investigation under § 17.31 deemed to supersede any provisions of aminer may, after a showing of good will be fairness to all parties. The pro­ Subparts B, C, and D of Part 42 of this cause, refuse to issue a subpoena if he cedure will be informal, and all evidence title or any other regulation or instruc­ finds that the information called for which is/not irrelevant, immaterial, or tion issued by the Department of Justice would be privileged, irrelevant, or other­ cumulative will be examined. The in­ pursuant to 42 U.S.C. 2000d. However, to wise improper or that the issuance of a vestigator shall have the power to use the provisions of § 17.56 to compel the pre­ the extent there is no conflict with said subpoena would result in the unnecessary provisions this section may be used as disclosure or publication of information sentation of information. An applicant contrary to the public interest or beyond or grantee may present written evidence an aid in the conduct of any hearing the requirements of justice in a particular and exhibits, at his discretion, but may under Subparts B, C, and D of Part 42 of proceeding. not appear before the administrative this title. investigation in person or by personal (d) Appeals. Appeals from rulings [P R D oc.73-2272 Filed 2-6-73;8:45 am] given by a hearing examiner under the representative unless permitted by the

FEDERAL REGISTER, VOL. 38, NO. 25— WEDNESDAY, FEBRUARY 7, 1973

Invaluable Reference 1972/73 Edition

Tool This guidebook provides information about significant programs and functions of the U.S. Government agencies, and identifies key officials in each agency. Included with most agency statements are “Sources of Information“ sections which give helpful information on; • Employment • Contracting with the Federal Government • Environmental programs • Small business opportunities • Federal publications • Speakers and films available to civic and educational groups This handbook is a “must“ for teachers, students, librarians, researchers, businessmen, and lawyers who need current official information about the U.S. Government.

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