TUESDAY, JUNE 11, 1974 WASHINGTON, D.C. Volume 39 E Number 113

Pages 20465-20571 PART 1!93

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.

EXECUTIVE ORDER-Inspection of tax returns by the Committee on tho Judiciary, House of Representatives._ 20473 DEPRECIATION OF TANGIBLE CAPITAL ASSETS-Cost Accounting Standards Board proposes standard; com- '- ~ments by 81-4...... 20505 MOTOR VEHICLE EMISSION INSPECTIONS-Transporta- Etion Department proposes criteria and procedures; com- ments by 8-12-74.._ ...... 20501 NUCLEAR PROPULSION SYSTEMS--AEC considers licen§- 4 Ing merchant ships -...... 20522

I - - WATER AND WASTE DISPOSAL-USDA development grants; effective 6-11-74...... 20475 LOANS TO STATE AND LOCAL DEVELOPMENT COM- PANIES-SBA limits Interest rate; effective 5-24-74- 20477 o STUDENT RIGHTS AND DUE PROCESS PROCEDURES- Interior Department proposes rules pertaining to BIA Schools;, comments by 7-11-74.__ 20489 OCCUPATIONAL SAFETY- o4 Labor Department proposes ground-fault circuit pro- tection standards; comments by 8-9-74 .... 20499 Labor Department proposes exposure standards for cer- tain chemicals (2 documents); comments by 8-12-74 20494. 20497 conference on HAZARDOUS MATERIALS-DoT announces aircraft shipments via; 10-2-74- __20522 SPECIAL PACKAGING-FDA guidelines for premarket clearance; effective 7-11-74 .... _ 20482 0• MEETINGS- Civil Service Commission: Federal Employees Pay Coun- cil, 6-10-74....., 20533 FCC: Cable Television Technical Advisory Committee Panel 9, 6-24-74 20539 Forest Service: South Kalbab Grazing Advisory Board, MO7-12-74 20515

PART I: EMPLOYMENT OF THE HANDiCAPP- Labor Department affirmatIve action obigatkoo effective 6-11-74 2D565 ll ll

N O. II --p t. I1 reminders

(The items in this list were editorially compiled as an aid to FED-aL EG==zra users. Inclusion or exclusion from this list has no legal signiflcance. Since this list Is Intended as a reminder, it does not Include effective dates that occur within 14 days of publicationj Rules Going Into Effect Today This list Includes only rules that were pub- lished In the FEERAL REciSTEt after Octo- ber 1, 1972. page no. and date EPA-Soap and detergent manufactur- ing point source category; effluent limitations guidelines and standards of performance.- 13370; 4-12-74 FDA--Color additives; use of D&C Vio- let No. 2 on certain surgical sutures. 13266; 4-12-74

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FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 contents

THE PRESIDENT. Department of the Iuterior__ 20533 Pesticide registration; applica- E=ual Employment Opportunity tions 20536 Proclamations Comminion 20533 Father's Day, 1974------20471 Office of Economic Opportu- FARMERS HOME ADMINISTRATION Executive Orders nity 20533 Rules Meetings; Federal Employees' Pay Community loans and grants; S Inspection of Tax Returns by the Council 20533 Committee on the Judiciary, water and waste disposal deel- Title change In noncareer execu- opment systems (2 documents) 20475 House of Representatives-.... 20473 tive assignment; Department of EXECUTIVE AGENCIES Housing and Urban Develop- FEDERAL AVIATION ADMINISTRATION ment 20532 Rules AGRICULTURAL STABILIZATION AND COMMERCE DEPARTMENT CONSERVATION SERVICE Airworthiness directives: Rules See Domestic and International DeHavlanid Aircraft ...... 20477 Proposed Business Administration. Lockheed Environmental statements; prep- 20478 COST ACCOUNTING STANDARDS BOARD Piper (2 documents)- 20478. 20479 aration 20490 Standard instrument approach Proposed AGRICULTURE DEPARTMENT Rules procedures 20479 See Agricultural Stabilization and Depreciation of tangible capital Transition areas (2 document.s)- 20479 Conservation Service; Farmers assets 20505 Proposed Rules Home Adminilstration; Forest CUSTOMS SERVICE Control zone and transition areas Service; Soil Conservation Serv- (5 documents) ____ 20500, 20501 ice. Notices Foreign currencies; rates of ex- FEDERAL COMMUNICATIONS AIR FORCE change 20515 COMMISSION Notices DEFENSE Rules Proposed F-15 Beddown at Luke DEPARTMENT See AirForce Department. United States-Mexlco FM Broad- Air Force Base, Ari.; hearing. 20515 casting Agreement; correction 20485 ATOMIC ENERGY COMMISSION DOMESTIC AND INTERNATIONAL Notices Notices BUSINESS ADMINISTRATION Meetings: Applications, etc.: Notices Cable Television Technical Ad- Metropolitan Edison Co., et aL 20522 Duty-free entry of tclentiflc ar- visory Committee, Panel 9- 20539 Nuclear propulsion systems for ticles (9 documents) ------20516, Mexican standard broadcast sta- merchant ships, consideration. 20522Z 20517, 20518, 20520 tions; notification list..__ 20539 Regulatory guides; issuance and Hearngs, etc.- applicability 20523 EMPLOYMENT STANDARDS Steamboat Broadcasting Co. Research and development In geo- ADMINISTRATION and Big Country Radio, Inc- 20540 thermal energy; invitation to Rules FEDERAL HIGHWAY ADMINISTRATION comment ------20523 Employment of handicapped; af- Notices firmative action CIVIL AERONAUTICS BOARD program.... 20566 Oregon's proposed action plan-. 20521 Proposed Rules ENVIRONMENTAL PROTECTION AGENCY FEDERAL HOME LOAN Air taxis In Alaskan bush routes; Rules operations pursuant to certain BANK BOARD agreements ------_ 20503 State air quality Implementation Notices Air taxi operators; classification plans; Utah..... - 20484 Bel-Fran Investments Ltd., et al.; and exemption ..------20504 Proposed Rules receipt of application .... 20541 Notices Territory of Guam; water quality FEDERAL INSURANCE ADMINISTRATION standards ------Hearings,etc.: 20513 Rules Alaska service Investigation and Washington State air quality plan; certain other matters- ....- 20524 variances and review of new Flood Insurance; eligible areas; Charter authority of Canadian sources ------. -- 20511 status of participating commu- nIties foreign air carriers .... 20526 Notices (5 documents)---- 20486-20488 CIVIL SERVICE COMMISSION Comments on environmental im- FOOD AND DRUG ADMINISTRATION Notices pact statements and other ac- Rules Authority tions impacting the environ- to make noncareer ex- ment; availability...... 20533 New drug applications; special ecutive aslgnment; grants and Packaging 20482 revocations: Filing of petitions regarding pesti- Action ------20532 cide chemicals: FOREST SERVICE Department American Cyanamid Co...... 20538 Notices of the Air Force-- 20532 FM'C Corp------20538 Department of Commerce_____ 20532 Meetn: Department of Interior Department ...... - 20538 Defense .... 20532 Upjohn. Co .... 20538 South ibab Grazing Advisory Department of Health, Educa- Board - 20515 tion, and Welfare - -...... -20532 Pesticide product containing DDT; registration 20538 (Contitfued on next page) 20467

FEDERAL REGISTER, VOL 39, NO. 113-..UE.SDAY, JUNE 11, 1974 20468 CONTENTS

HAZARDOUS MATERIALS REGULATIONS Temporary authority; termina- SECURITIES AND EXCHANGE BOARD tions ------20560 COMMISSION Notices LABOR DEPARTMENT Rules Benkert, William M.; change of Forms; audit requirements and membership ------20521 See also Employment Standards annual report ------20480 Special permits ------20521 Administration; Occupational HEALTH, EDUCATION, AND WELFARE Safety and Health Administra- Notices tion. DEPARTMENT Hearings, etc.: Notices Source Capital, Inc., and Com- See Food and Drug Administration. Oregon; availability of extended puter Exchange, Inc ------20540 HOUSING AND URBAN DEVELOPMENT unemployment compensation-- 20543 DEPARTMENT SMALL BUSINESS ADMINISTRATION MANAGEMENT AND BUDGET OFFICE See Federal Insurance Adminis- Rules Notices tration. State and local development Clearance of reports; list of re- companies; section 501 INDIAN AFFAIRS BUREAU quests ------20541 loans... 20477 Notices Proposed Rules NATIONAL HIGHWAY TRAFFIC SAFETY Student rights and due process ADMINISTRATION First Dakota Capital Corp.; filing procedures ------20489 Proposed Rules of application for approval of conflict of interest transaction. 20542 INTERIOR DEPARTMENT Motor vehicle emission inspection criteria and procedures ------20501 See also Indian Affairs Bureau; SOIL CONSERVATION SERVICE National Park Service. NATIONAL PARK SERVICE Rules Notices Proposed Rules Great Plains Conservation Pro- Financial interests statements; Natchez Trace Parkway; posses- gram; correction ..------20475 Lewis K. Ambrose (2 docu- sion of beer and other alcoholic ments) ------20515 beverages ------20489 TRANSPORTATION DEPARTMENT OCCUPATIONAL SAFETY AND HEALTH See also Federal Aviation Admin- INTERSTATE COMMERCE COMMISSION ADMINISTRATION istration; Federal Highway Notices Administration; Hazardous Ma- Proposed Rules terials Regulations Board; Na- Assignment of hearings ------20543 Advance Fourth section application for re- notice of proposed stand- tional Highway Traffic Safety lief ------ards: Administration. 20543 Ground-fault circuit protection- 20499 Irregular-route motor common Occupational exposure Notices carriers of property: elimina- to Inor- ganic arsenic ------20494 Transportation of hazardous ma- tion -of gateway letter notices- 20544 Occupational Motor carriers: exposure to sulfur, terials in air commerce; confer- Board transfer proceedings.... 20552 dioxide ------20497 ence ------20522 Temporary authority applica- Notices tions (3 documents)__- 20552,20558 Bethlehem Steel Corp.; grant of TREASURY DEPARTMENT Transfer proceedings ------20559 variance ------20542 See Customs Service.

FEDERAL REGISTER, VOL 39, NO, -13-TUESDAY JUNE 11, 1974 CONTENTS 20469 list of cfr parts affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulatlons affected by da:umenta published in today's issue. A cumulative list of parts affected, covering the current month to date. appears follo;ing the Notice sCection of each issue beCinning w;th 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 guido list-, the parts and sections affczted by documents pubrlshed since January 1,1974, and specifies how they are affected.

3 CFR PROPOSED RULES: 29 CFR PROCLATIATIONS: 71 (5 documents) ------20500, 20501 PnOPOsED RULES: 20503 4297 ------20471 293 ------1910 (3 documents) -- 20491,20497, 20499 298 ....------20504 20499 ORDERS: EXECUTIVE 1916 ...... 20499 11786------20473 17 CFR 1917------20499 249 ------.------20480 1918 ...... ------2099 4 CFR 1926 ..... 20499 PROPOSED RULES: 20 CFR 741 ------20566 -409------20505 36 CFR 21 CFR PROPOSED RULES: 7 CFR 7 ------20489 310 ------20482 631 ------20475 314 ------20482 40 CFR 1823 (2 documents) ------20475 52 ------...... 20484 24 CFR PROPOSED RULES: PROPOSED RULES: 799 ------20490 1914 (5 documents) ------2048C-20488 52------20511 13 CFR 25 CFR 120 ------20513 108 ------20477 PROPOSED RULES: 47 CFR 35 ------. 20489 73 ------20435 14 -CFR 49 CFR 39 (4 documents) ------20477 ProPosED RULES: 71 (2 documents) ------20479 ...... ------20501 97------20479 590 ------.---

FEDERAL REGISTER, VOL. 39, NO, 113-TUEDAY, JUNE 11, 1974 I 20471 presidential documents

Title 3-The President PROCLAMATION 4297 Father's Day, 1974

By the President of the United States of America A Proclamation For many Americans, Father's Day is best celebrated by showering the male head of the household with carefully chosen gifts. These gifts are symbolic, of course, of the year-round love and gratitude which children feel for both of their parents. From their fathers frequently come the strength and stability which children of all ages need in order to grow up to be constructive, confident men and women. Fathers offer guiding hands for children to pass successfully through the difficulties and awkwardness of youth. And fathers bring harmony and balance to life in the home. Nineteen seventy-four is an especially poignant time to celebrate Father's Day, since this year no young American soldiers are being sent to fight anywhere in the world. A nation at peace: this is the legacy that all fathers want to leave their children and is ultimately the greatest gift of all on Father's Day. NOW, THEREFORE, I, RICHARD NIXON, President of' the United States of America, in accordance with a joint resolution of Con- gress approved April 24, 1972, do hereby request that June 16, 1974 be observed as Father's Day. I direct Government officials to display the flag of the United States on all Government buildings, and I urge all citizens to display the flag at their homes and other suitable places on that day. IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of June, in the year of our Lord nineteen hundred seventy-four, and of the independence of the United States of Xrmerica the one hundred ninety-eighth.

[FR Doc.74-13520 Filed 6-7-74:4:01 pmo]

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 974

THE PRESIDENT 20473 EXECUTIVE ORDER 11786 Inspection of Tax Returns by the Committee on tie Jidlciary, House of Representatives By virtue of the authority vested in me Vy sections 6103 (a) and 6106 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 6103 (a), 6106), it is hereby ordered that the Committee on the Judiciary, House of Representatives, or any duly authorized subcommittee thereof is au- thorized, in connection with House Resolution 803, authorizing and directing an investigation to determine whether grounds exist for the House of Representatives to exercise its constitutional power to impeach Richard M. Nixon, President of the United States of America, to inspect all tax retuins of President Nixon for the years 1969 through 1972, includ- ing other records, reports, information received orally or in writing, factual data, documents, papers, abstracts, memoranda, or evidence relating to such returns. Whenever a return is open to inspection by such Committee or subcommittee, a copy thereof shall, upon request, be furnished to such Committee or subcommitte. Such inspection shall be in accordance and upon compliance with the rules and regulations pre- scri'bed by the Secretary of the Treasury in Treasury Decision 6132, relating to the inspection of returns by committees of the Congress, approved by the President on May 3, 1955.

THE ImmVH HousE, June 7,'1974. [FR Doc.74-13519 Fid 6-7-74;4:01 pm]

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 No. 113-Pt. I-2

20475 rules and regulations

This section of tha FEDERAL REGISTER contains regulatory documents having genora applicabrty and' tea effect aost of which are -keyed to and codified Irrther Code of Federal Regulations, which Is pu blished under 50 ,tltes pursuant to 44 U.S.C. 2510. The Code of Federar Regulations Is sold by the Superintendent of Documents. Prices of new books are sted I th Era t FEDERAL REGISTER- Issue of each month.

Title 7-Agriculture Estate Purposes," aids a new Subpart P. for the development of water and waste disposal facilities. FmHTA sha]l cooperate CHAPTER V--SOIL CONSERVATION SERV- "Development Grants for Community DEPARMENT OF AGRICULTURE Domestic Water and Waste Disposal Sys- fully with appropriate State agencies In ICE, tems," of Pat 1823, Title 7, Code of Fed- the making of grants in a. manner which PART 631-GREAT PLAINS eral Regulations, which provides the will assure maximum support of the CONSERVATION PROGRAM policies and authorizations for making States strategies for development; of Correctio and processing grants to assst In, the rural areas. State and substate A-95 financing of domestic water and waste Agencies may recommend priorities for In FR Doe. 74-26655, appearing at disposal facilities In. rural sreare applications. PmRA wl give due con- page 34644, In the Issue for Monday, The Farmers Home Admnistration sideration to all A-95 Agency- review December 17. 1973, the following changes (FmHA) has been making grants under comments and priority recommendations should be made: the sections of Subpart 0 of this Part in selecting applications for fondrl n . L I. I 631.11(a) (3D. delete the 11th 1823. being deleted, and which are now. Priority will be given to water facility and. 12th lines from the boattom of the being placed, In an expanded,. form, In projects. paragraph- thisnew-Subpart P. Since itIsnecessary 2. In 631.2=5), first line preceding § 1823.472 Applicationprocessig. "where" inseir "case. that the FlnHA proceed with the making of needed grants and not deprive the Applications will be processed In sc- public of Immediate beneflts, It Is un- cordance with applicable portons of CHAPTER XVIII-FARMERS HOME AD- necessary and would be contrary to the present Subpart A of this Part, and the MINISTRATION, DEPARTMENTOF AGRI- public interest to delay. the program by following- CULTURE publishing notice of proposed rulemaking (a) Grants may not exceed fifty per- cent (50%) of eligible project develop- SURCHAPTERt B-LOANS AND GRANTS PRI- as provided by 5 U.S.C. 553 .b)()). and ILARILY FOR REAL ESTATE PURPOSES In accordance with the spirit of the ment costs listedlhn paragraph (c.l ofthis .FrE Instruction 442-.121 publio polictes set forth In 5 U.S.C. 553, sectin Interested persons may submit, on: or be- (dY DeterminIng the need for devel- PART 1823-ASSOCIATIONq LOANS ANID fore Sept. 9, 1974, written, comments, opment giant: Grants wil be used. for GRANTS-COMMUNITY FACILITIES, DE- suggestions, data orargumets tothe Of- projects serving the most fmanciallir VELOPMENT, CONSERVATION,, UTILIZA- fice of the Deputy Administrator Comp- needy communities, and to. reduce faim- TION troller, Farmers Home Administration, fLv user cots to a. reasonable Teve Rea- Grants for Facilitating Development of Pri- U. S. Department of Agriculture, Room sonable shall be defined as that which Is vate Business Enterprises and Commi- 5007, South Building, Washington, D.C. not less than existing prevailing rates In nity Water and Waste Disposal Facilities 20250. Material thus submittec! will be commuities being served by established Sections-1823.466 to 1823.469 of Sub- evaluated and acted upon n the same systems constructed at similr per fam- part 0 of Part 1823 published at 39 FR manner as if this document were a pro- ilv user cost having similar economic 3814-3815; 39 F1 4870-4871, are deleted posal. However, thisamendmentsbal re- condiltions and with families having in- come levels comparable to those in the from Chapter XVI3I of Ttle 7, Code of ain effective until it Is amended in order to permit the public business to applicant community. User costs shall Federal Regulations. Water and waste proceed expeditiously. This new Subpart include charges; taxes, and. assessments disposal grants awe contained in the new P reads as follows: attributable to the project. (1r Ordlnarly a. grant will be con- Subpart P of this Part 1823. Sections Sbpart P---evelopment Grants for Community 1823.461 to 1823.470 arehereby reserved. esti Wat a Wastt DbPsaL SYt*MI sidered only when the debt service por- tion of the average famiLy user cost for (Sec. 7 US.C. 1989;, delegation of authority either water or sewer service exceeds oe by-the See. of AgrL, 8FR 1444,14948,7 PC 1823.471. General-water and wast diapcoal 2.23; delegation of authority by the Asst, See. development. percent (l.*) of the median family in- for Rurl Development, 38 PR 14944, 14052, 1823.&2 Application proce-ing. come (average Income If media income 71CFR 2.70.) 1823.473 EIMgIblilty. Is not available) as determned in sac- 1823471 Complianc .with comprehem iva cordance with paragraph (07 (3) of this Effective date. This deletion Is effec- water and. wa.te dLposal de- section for those famlie in the appli- tive on June 11, 19T4. velopment plan and other regu- cant service area and will be li-ited. to latory requirement. Dated: June 7, 110C x=2.475 Regional Commlaio grant funds. an amount necessary t4o reduce the debt serfce portion of familyusercost tosuch PH=ru B.E1LoTT, 1823.476 Management awstance. 1823.477 Redelegation of authority. one percent (1%) level This procedure Administrator, shall not be used to result in mrate below FarmersHome Administration. Auo o=r. 7 U.S.C. 199; delegation or as defined authority by the Secretary of Agriculture, that deemed to be reasonable [R Doc.74-13430 Fled 6-7-74; 11:31 am] 38 PR 14944.14248,7 CPR 2.23; delegation of In paragraph (b) of this section. authority by the Astant Secretary for (2) If. after applying the formula de- (1) of this sec- [RmnA Ilstruction 442131 Rural Development, 38 PR 149U, 14052, 7 scribed in paragraph (b) CFIR 2.70. tion FmA.A determines that x reason- PART 1823-ASSOCIATION LOANS AND Grants able family user cost has not been GRANTS--COMMUNflY FACILITIES, DE- Subpart P-Development for Com- VELOPMENT, CONSERVATION, UTIUZA- munity Domestic Water and Waste Dis- achieved due to unusually high operation TION posal Systems and maintenance costs, construction or Subpart P--Deveopment Grants for Corn- § 1823.471 General-water and waste, water acquisition costs, or other facr munity Domestic Water and Waste Dis- disposal development. FnHA may proceed with a grant in an posal Systems This Subpart P sets. forth Faarners amount necessary to reduce family user An amendment to Subchapter , Home Administration (FmHA.} policies costs to not below a reasonable level as 0Loans and Grants Primarily for Real and requirements pertaining to grants defined in paragraph (b) of this section.

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20476 RULES AND REGULATIONS (3) The median family income in the lug any of the above purposes, including, FmHA advance for planning previously applicant community or those reference but not limited to: made may be included In the develop- communities used in comparing the pro- (i) Paying fees or other legal expenses" ment cost. posed system with similar systems, will of establishing a water right through (e) Grant closing and delivery of be determined by the FmHA State Di- appropriation, agreement, permit, or funds: rector as follows: court decree. (1) Grants will be closed In accord- (I) The median family income will be (ii) Paying for other services necessary ance with instructions received from the determined from the U.S. Department in planning and completing the facilities Office of the General Counsel. The policy of Commerce, Bureau of the Census, to be financed. of FmHA Is not to disburse grant funds tublication PC (1)-C series, which is (iii) Acquiring a water supply by the from the Treasury until they are actually available for each State. purchase of water stock or membership needed by the applicant. If grant funds (i) For those projects where the in a water users association. are available from other agencies and FmHA State Director has reason to be- (d) Grant limitations: (1) Grant they are transferred to the Finance Office lieve that the census data is not an ac- funds may not be used to: for disbursement by FmHA, these grant curate representation of the median fam- (i) Pay for the construction of any funds should be used before FmHA grant ily income within the area to be served, new combined storm and sanitary sewer funds. he may determine the median family in- facilities. (2) When FniHA Is not making a loan come taking into consideration the fol- (ii) Pay any annually recurring costs and all, or a portion of the grant Is for lowing: that are generally considered to be oper- construction, the grant will not be closed (A) Data from responsible public or ation and maintenance expenses. and funds will not be delivered before private sources. (iii)Construct or repair electric gen- construction Is completed. (B) His knowledge of the community erating plants, electric transmission (I) Grantees shall provide FmHA based on available FmHA data gained lines, or gas distribution lines to provide through the use of Forms AD-627, "Re- through individual loans. services for commercial sale. port of Federal Cash Transaction," and (C) The results of a survey conducted (iv) Purchase firetrucks, hoses, and AD-629, "Outlay Report and Request for by the applicant. other firefighting equipment or construct Reimbursement for Construction Pro- (D) By using a combination of the housing for such equipment. grams," a complete factual report ro- above. (v) Pay rental f6r the use of equip- garding financial transactions pertain- (4) Preliminary engineering reports ment or machinery owned by the asso- ing to the project to be financed with and suggested operating budgets in- ciation. grant funds. cluded therein will be prepared without (vi) Pay for sales rooms or other pur- (fH) Final costs shall be determined taking into consideration a grant. poses not directly related to operation and should there remain a cash balance (c) Use of grant funds: Funds may be and maintenance of the facility being after paying the allowable items as used only for the following purposes: installed or improved, shown on Forms AD-427 and AD-6290, (1) Domestic water and waste disposal (vii) Purchase existing systems. the grantee shall Immediately refund facilities. Install and Improve central - (viii) Refinance existing indebtedness, such balance to FPmHA. In the event the community domestic water and waste (ix) Pay any portion of the cost of a required audit has not been performed diaposal facilities Including: facility in cases where the annual reserve prior to grant closing, FmHA retains the (I) Facilities for the development, based on a typical year exceeds one-tenth right to recover an appropriate amount storage, treatment, purification, and dis- of the average annual debt service re- after considering the recommendations tribution of water. quirement unless State regulatory agen- on disallowed costs resulting from the (i) Sanitary sewer facilities including cies require a larger reserve, or where op- audit. FmHA, of course, may also recover collecton lines, treatment plants, outfall eration and maintenance costs are un- amounts which by subsequent Investtga- lines, disposal fields, and stabilization realistic. tion are found to have been Improperly ponds. (x) PaF interest. spent by Grantee, I (iii) Storm sewers for the collection (2) An FmHA development grant may (ii) Grant funds will be delivered by and disposal of surface drainage. not be made In excess of fifty percent Treasury check. (iv) Solid waste disposal projects in- (50%) of the eligible development cost. (f) Obtaining development grant cluding facilities for the collection, treat- (3) FmInHA grants may be' used on agreement: Form FmHA 442-31, "Asso- ment, or disposal of human, animal, projects where other Federal financial clation Water or Sewer System Grant agricultural, and other wastes. Items assistance (such as Environmental Pro- Agreement," will be completed and cxe- such as garbage trucks and equipment, tection Agency (EPA), Economic Devel- cuted in accordance with requirements sanitary landfills, and incinerators are opment Administration (EDA), shared of approval and closing Instructions. Both included. revenue, Appalachia, or other Regional County Supervisors and State Directors (2) Acquire land and rights. Acquiring Development Commission grants) is are authorized to sign the grant agree- land, interest in land, and rights such as available on all or 1iart of the facility. ment on behalf of the FmHA. For grants water rights, leases, permits, rights-of- FreHA grants may be used on collection that supplement FmHA loan funds, the way, and other evidence of land or water systems where EPA grants are available -grant should be closed simultaneously control which are necessary for devel- only on waste treatment plants. If any with the closing of the loan. The grant opment of the facility. Federal grants, other than FmHA are will be considered closed when Form (3) Buildings, fences, secondary fa- made in connection with the proposed FmHA 442-31 has been properly exe- cilities, and relocation. (i) Construct project, the amount of any FmHA grant cuted. Form FmHA 442-31 provides that buildings of modest design, size, and cost, plus the amount of other Federal grants the grantee will agree to the following: and fences essential to the successful may not exceed fifty percent (50%), or (1) Cause said project to be con- operation or protection of authorized fa- the appropriate EPA percentage for sew- structed within the total sums available cilities and to provide storage for tools age facilities, of the development costs to It, including said grant, In accord- and supplies needed to operate the facil- of the project unless such other Federal ance with the project plans and specifl- ity, and secondary facilities such as gas grants are being made by the Depart- cations and any necessary modifications or electric service lines to convey fuel ment of Defense, EDA, or a Regional Eco- thereof prepared by Grantee and ap- or energy for, or utilities for, primary nomic Development Commission. In de- proved by Grantor. facilities. termining the Federal grant limitations, (2) Permit periodic inspection of the (ii) Relocate roads, bridges, utilities, waste treatment and waste collection fa- construction by a designated represent- fences, and other public or private im- ciities will be recognized as separate ative of Grantor during construction. proveinents. 4 projects. (4) Services and fees. Pay costs inci- (4) Facilities previously installed will (3) Manage, operate and maintain the dental to establishment of such facilities not be considered in determining the de- system, Including this project If les or for services necessary in accomplish- velopment costs. The amount of any than the whole of said system, con-

FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 RULES AND REGULATIONS 20477

tinuously in an efficient and economical in law or equity, in either Federal or Title 13-Business Credit and Assistance manner. State courts, as may be deemed necessMry CHAPTER I-SMALL BUSINESS (4) Make the services of said system by Grantor to assure compliance with ADMINISTRATION available within Its capacity to all per- the provisions of this Grant Agreement sons in Grantee's service area without and the laws and regulations under [Rer. 4, Amdt. 11 discrimination as to race, color, religion, which this grant is made. PART 108-LOANS TO STATE AND LOCAL DEVELOPMENT COMPANIES 'or national origin, at reasonable charges, § 1823.473 Eligibility. including assessments, taxes, or fees in Section 501 Loans accordance with a schedule of such To be eligible for water or waste dis- charges, whether for one or more classes posal development grant assistance an On May 10, 1974, the Small Business of service, adopted by resolution dated applicant must meet the requirements Administration published in the FEDERAL ------19-, as may be modified of § 1823.2. EoisrR (39 FR 16907) a notice of pro- posed rule making which amends :Revi- from time to time by Grantee. The initial § 1823.474 Compliance with compre- rate schedule must be approved by hensive water and waste disposal de- sion 4, 1108.501-1(f). Grantor. Thereafter Grantee may make velopmcnt plan and other regulatory It limits the Interest rate to 8 percent such modifications to the rate schedule requirements. taking Into consideration the cost of as Grantee deems necessary to efficiently money to the Treasury. and economically provide for the finan- (a) Each grant shall meet the require- The public was Invited to comment by cial requirements of the system as long ments of § 1823.10 and the following. May 20, 1974. No comments were received as the rate schedule remains reasonable No grant shall be made In connection and the proposed amendment is adopted. and nondiscriminatory. with any project unless the project- This amendment is effective as of May 24, (1) Will serve a rural area which, If 1974. (5) Adjust its operating costs and serv- such project Is carried out, Is not likely ice charges from time to time to pro- § 108.501-1 Section 501 Loans. vide for adequate operation and main- to decline in population below that for tenance, emergency repair reserves, ob- which the project was designed, solescence reserves, debt service and debt (2) Is designed and constructed so () Interest Rate. The rate of Interest service reserves. that adequate capacity will or can be on section 501 loans to state development (6) Expand its system from time to made available to serve the present corporations shall be at a rate (not to ex- population of the area to the extent ceed 8 percent per annum) which shall time to meet reasonably anticipated feasible and to serve the reasonably fore- growth, or service requirements in the be established annually at the beginning area within its jurisdiction. seeable growth needs of the area, and of each fiscal year by the Administra- (3) is necessary for an orderly com- tor, taking into consideration the aver- (7) Not transfer or dispose of the sys- munity development consistent with a tem, or any part thereof, being con- age market yield on outstanding US. comprehensive community water, waste Treasury obligations of comparable structed or improved with such grant disposal, or other development plan of funds without the written consent of maturity, plus such additional charge, if the rural area in which the project Is any, to cover other costs of the program Grantor, and not encumber the project located. for a period of five years from the date as the Administrator may determine and hereof without the written consent of the § 1823.475 Regional Conmission grant as consistent with the section 501 pro- Grantor. funds. gram. (8) Provide Grantor with such periodic When Regional Commission grant Dated: June 3,1974. reports as it may require and permit funds are administered by FmoHA and an THoxs S. KLPE, periodic inspection of its operations by a FmH& loan or grant is associated with Administrator. designated representative of the Grantor. the Regional Commission grant no ad- (9) To execute Form FmHA 400-1, mini trative charges will be made. If no IFR Doc.74-133Dl Fried 6-10-74;8:45 am] '"Equal Opportunity Agreement," to FinHA loan or grant is associated with which is annexed a Form FmHA 400-2, the Regional Commission grant an ad- Title 14-Aeronautics and Space "Equal Opportunity Clause," and to in- ministrative charge will be made pur- CHAPTER I--FEDERAL AVIATION ADMIN- corporate in or attach as a rider to each suant to the Economy Act of 1932 (31 ISTRATION, DEPARTMENT OF TRANS- construction contract for the project in- U.S.C. 686). A fee of five percent (5%) PORTATION volving $10,000 or more a Form FmHA of the first $50,000 of a Regional Com- [Docket No. 74-EA--32; Amdt. 39-18711 400-2; to execute Form FmnHA 400-4, mission grant and one percent (1%) of "Nondiscrimination Agreement," and to any amount over $50,000 will be paid PART 39-AIRWORTHINESS DIRECTIVES execute any other agreements required FmHA by the commission. DeHavilland Aircraft by Grantor which Grantee is legally authorized to execute. If any such Form § 1823.476 Mranagement assistance. The Federal Aviation Administration has been executed by Grantee as a re- Grant recipients will be supervised to is amending § 39.13 of Part 39 of the sult of a loan being made to Grantee by the extent necessary to assure that facli- Federal Aviation regulations so as to Grantor contemporaneously with the ties are constructed In accordance with amend AD 69-2-1 applicable to deHavil- making of this grant, another Form of approved plans and specifications to as- land DHC-6 type airplanes. the same type need not be executed In sure that funds are expended for ap- Since the publication of AD 69-2-1 ex- connection with this grant. proved purposes. perience has indicated the feasibility and need to inspect the total wing front spar (10) Upon any default under its rep- § 1823.477 Redelegation of authority. resentations or agreements set forth in fitting P/N C6WMl031-1 and -2. As this this instrument, Grantee, at the option The State Director is responsible for Inspection further relates to air safety, and demand of Grantor, will, to the ex- implementing the authorities contained notice and public procedure hereon are tent legally permissible, repay to Grantor it. this Subpart. He may redelegate impractical and good cause exists for forthwith the original principal amount such authority to appropriate FmHA making the amendment effective in less of the grant stated hereinabove, with employees. than 30 days. interest at the rate of 5 per centum per In consideration of the foregoing and annum from the date of the default. The Effective date: This amendment Is pursuant to the authority delegated to provisions of this Grant Agreement may effective on June 11, 1974. me by the Administrator, 14 CFR 11.89 be enforced by Grantor, at its option Dated: June 7,1974. (31 FR 13697), § 39.13 of Part 39 of the and without regard to prior waivers by FitAim B. ELLIoTT, Federal Aviation regulations is amended it of previous defaults of Grantee, by Administrator, so as to amend AD 69-2-1 as follows: judicial proceedings to require specific FarmersHome Admfnstration. performance of the terms of this Grant (1) Add the following subparagraph Agreement or by such other proceedings [P Doc.74-13431 Pled 6-7-74;11:30 am] (3) to paragraph (a) :

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20178 RULES AND REGULATIONS

(3) At the next inspection required by (2) Inspect outer wing lower forward beam an airworthiness directive applicable to paragraph (a) (1) above after the effective web from top of cap flange upward 3 inches Piper PA-24, PA-30 and PA-39 type date of this amendment (amendment 39- in the area extending from Outer Wing Sta- airplanes. 1871). inspect the whole fitting in accord- tions 153 to 162 and 198 to 207, both left and ance with the procedure and repetitive In- right, inside the number 1 and number 4 There have been reports of loosnev' spection interval as specified in paragraph dry bay areas. Inspection shall be visual In of the high shear rivets attaching the (a) (1) above. accordance with Lockheed Alert Service Bul- stabilator torque tube bearing fittings. letin A382-169 or later FAA-approved revi- Since this deficiency can exist or develop This amendment is effective June 18, sion, or in an equivalent manner approved in airplanes of similar type design, an 1974. by the Chief, Engineering and Manufacturing airworthiness directive is being tssued (Sees. 313(a). 601, 603, Federal Aviation Act Branch, FAA, Southern Region, using flash- which will require an Inspection and re- of 1958 (49 U..C. 1354(a). 1421, 1423); sec. light after cleaning area to be inspected. pair when necessary. 6(c), Department of Transportation Act (49 (3) Inspect outer wing lower forward skin In view of the effect on air safety U.S.C. 1655(c))) panel from aft side of beam cap aft to the first skin panel iser (approximately 2 inches) which results from the foregoing de- Issued In Jamaica, N.Y., on June 4, in the area extending from Outer Wing Sta- ficiency, notice and public procedure 1974. tions 153 to 162 and 198 to 207, both left and hereon are impractical and good cause right, externally. Inspection shall be visual exists for making the amendment effec- JArs BrsPo, in accordance with Lockheed Alert Service tive in less than 30 days. Acting Director, Eastern Region. Bulletin A382-169 or later FAA-approved re- foregoing and vision, or in an equivalent manner approved In consideration of the [FR Doc.74-13288 Filed 6-10-74;8:45 am] by the Chief, Engineering and Mlanufactur- pursuant to the authority delegated to ing Branch, FAA, Southern Region, using me by the Administrator, 14 CFR 11.89 flashlight through lower nacelle access doors. (31 FR 13697) § 39.13 of Part 39 of the [Docket No. 74-SO-59; Amdt. 39-18671 (4) Repair shall be In accordance with Federal Aviation regulations L"amended PART 39-AIRWORTHINESS DIRECTIVES Lockheed Service Bulletin 382-169A or later by adding the following new Airworthl- FAA-approved revision, or in an equivalent Lockheed Model 382 Series ness Directive: .manner approved by the Chief. Engineering Pn=. Applies to lodels PA-21, PA-21--250 There have been cracks of the outer .and Mlanufacturing Branch, FAA, Southern and PA-24-260, Serial Nee. 24-1 Through wing lower forward beam cap and web Region. (5) Preventive modification shall be in 24-5047; PA-24-400, Serial so. 2G-2 on Lockheed Model 382 series airplanes accordance with Lockheed Service Bulletin Through 2-148; PA-30, Serial Nos., 30-1 that could result in wing failures. Since 382-169A or later FAA-approved revision, or Through 30-2000; PA-39 Serial Numbors this condition Is likely to exist or develop Lockheed ECP 954, or Lockheed Drawing 39-1 Through 39-155, Certificated In al in other airplanes of the same typ~e 3304406, or In an equivalent manner approved Categories design, an airworthiness directive Is being by the Chief, Engineering and Manufactur- Compliance required as Indicated, issued to require an inspection of the Ing Branch, FAA, Southern Region. To prevent possible hazards In flight asso- outer wing lower forward beam cap and (d) The Inspections required by this AD ciated with loose high shear rivotz which at- may be discontinued for those airplanes re- tach the stabilator torque tube bearing uup- web on Lockheed Model 382 series air- paired or reinforced In accordance with para- port fittings P/Ns 20420-00, -01 and 20419- planes. graph (c) or In accordance with an equiva- 00, -01 to the aft fuslago, accomplish the Since a situation exists that requires lent repair or reinforcement approved by the following: immediate adoption of this regulation, Chief, Engineering and Manufacturing 1. Within the next 25 hours In servico from it is found that notice and public proce- Branch, FAA, Southern Region. the effective date of this AD unless previously dure hereon are impracticable and good (e) Upon request of the operator, an FAA accomplished, Inspect in accordance with cause exists for making this amendment maintenance Inspector, subject to prior ap- paragraph 2. proval of the Chief, Engineering and Manu- 2. Inspect the stabilator torque tube bear- effective in less than 30 days. facturing Branch, FAA, Southern Region, ing support fittings for losonet an follows. In consideration of the foregoing, and may adjust the repetitive inspection inter- a. Remove the tail cone and right roar aft pursuant to the authority delegated to me vals specified in this AD to permit compll- fuselage access door. by the AdmInistrator (31 FR -13697), ance at an established inspection period of b. Grasp the stabilator tip and eert a § 39.13 of Part 39 of the Federal Aviation the operator If the request contains sub- fore-and-aft force and then an up-and-down regulations is amended by adding the stantiating data to justify the increase for force. such operator. c. Simultaneously with 2b, have another following new airworthiness directive: (f) Aircraft may be flown to a base for Locxe m. Applies to all Model 382 Series performance of the inspections required per person check by feel for any looseness of the Airplanes, Serial Numbers 3946 and this AD in accordance with FAlls 21.197 and stabilator torque tube bearing support 4101 Through 4541 Certificated in all 21.199. fittings. Categories (g) Report Inspection findings to Chief, d. Repeat 2b and 2c at the oppolto stabi- Engineering and Manufacturing Branch, later tip. Compliance as indicated FAA, Southern Region, P.O. Box 20636, At- (a) For airplanes with 5000 or more hours lanta, Georgia 30320. 3. If loosenesa Is detected, repair In v.c- total time n service on the effective date of Lockheed-Georgia Alert Service Bulletin cordanceo with Piper K.it No. 760835 Instruc- this AD comply with paragraph (c) within tions; Hi-Shear Rivot Replacement dated the next 50 hours time in service, and there- A382-169, dated May 30, 1974, covers this after at intervals not to exceed 1000 hours same subject. 12/20/73 or equivalent, before further flight, time in service from the last inspection. This amendment becomes effective except that the airplane may be flown In vc- (b) For airplanes with less than 5000 hours May 30, 1974. cordance with PAl 21.197 to a bs"e wher total time in service on the effective date of repair can be mado. the AD comply with paragraph (c) before the (Sees. 313(a), 601, 603, Federal Aviation Act accumulation of 5050 hours total time in of 1958 (49 U.S.C. 1354(a), 1421, 1423); sec. 4. Equivalent repairs must be approved by service, and thereafter at intervals not to 6(c), Department of Transportation Act (49 the Chief, Engineering and lManufaoturlng exceed 1000 hours time in service from the U.&C. 1655(c)) ) Branch, FAA, Eastern Rcgion. last inspection. (Piper Service Bulletin No. 411, refers to thlo (c) Inspect outer Wing lower forward beam Issued In East Point, Georgia, on cap, web, and skin for cracks in the area 'May 30, 1974. subject.) extending from outer wing stations. 153 to P, M. SWATE, This amendment is effective June 18, 162 and 198 to 207, both left and Tight. Director, Southern Region. 1974. (1) Inspect outer wing lower forward beam [FR Doc.74--13289 Filed 6-10-74;8:45 am] cap at the fastener holes used to attach skjn (Sec. 313(a), 601, 603, of Federal Aviation panel and beam web In the area extending Act of 1958 (49 'U.S.O. 1354(a), 1421 11nd from outer wing stations 153 to 162 and 198 [Docket No. 74-EA-31; Amdt. 39-1870] 1423); Sec. 6(c), Department of Transporta- to 207, both left and right inside the number tion Act (49 U.S.O. 1655(e))) 1 and number 4 dry bay areas. Inspection PART 39-AIRWORTHINESS DIRECTIVES shall be by dye penetrant method in accord- Issued In Jamaica, N.Y., on June 4, ance with Lockheed Alert Service Bulletin Pper Aircraft 1974. JAaIES Bigro, A382-169 or later FAA-approved revision, or The Federal Aviation Administration in an equivalent manner approved by the Acting Director,Eastern Region. Chief, Engineering and MaYsnufacturing s amending § 39.13 of Part 39 of the Fed- Branch, FAA, Southern Region. eral Aviation regulations so as to Issue [FR Dec,74-13290 Filed 6-10-74;8:45 am]

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 RULES AND REGULATIONS 2M79

[Docket No. 74-EA-28; Amdt. 39-1872]. [Airspace Docket No. 74-SO-39) beacon (lat. 44°43'24" N., long. 74°52'59" PART 39-AIRWORTHINESS DIRECTIVES PART 71-DESIGNATION OF FEDERAL W.) extending from the 6.5 mie radius AIRWAYS, AREA LOW ROUTES, CON- area to 11.5 miles northeast of the radio Piper Aircraft TROLLED AIRSPACE, AND REPORTING beacon," following, "long. 74°57'00" W."% The Federal Aviation Administration POINTS 2. Amend § 71.181 of Part 71, Federal is amending § 39.13 of Part 39 of the Designation of Transition Area Aviation Regulations by amending the Federal Aviation regulations so as to is- description of the Ogdensburg, N.Y. 1200- sue an airworthiness directive applicable On April 16, 1974, a notice of proposed foot floor transition area by deleting, "to to Piper PA-23, PA-24 and PA-30 type rule making was published in the FmtA.L point of beginning." and by substituting airplanes. REGISTER (39 Fa 13668), stating that the "44°42'00 " N., 74-54'00" W.; to 44*36'- There have been reports of findings of- Federal Aviation Administration was 00" N., 75"00'00" W.; to point of begin- corrosion on stabilator attachment bolts. considering an amendment to Part 71 of ning.", therefor. The corrosion can affect the structural the Federal Aviation regulations that [FR Doc.74-13293 Filed 6-10-74;8:45 am] integrity of the stabilator, which presents would designate the Cartersville, Ga., a hazard to air safety. Since this defi- transition area. ciency can occur or exist in airplanes of Interested persons were afforded an [Docket No. 13823, Amdt. No. 9201 the same type design, an airworthiness opportunity to participate In the rule PART 97-STANDARD INSTRUMENT directive is being issued which will re- making through the submission of com- APPROACH PROCEDURES quire periodic inspections and replace- ments. All comments received were ment when necessary. favorable. Miscellaneous Amendments In view of the effeca on air saftey, In consideration of the foregoing, Part This amendment to Part 97 of the Fed- notice and public procedure hereon are 71 of the Federal Aviation Regulations is eral Aviation Regulations incorporates impractical and cause exists to make the amended, effective 0901 Gamt., Au- by reference therein changes and addi- amendment effective In less than 30 days. gust 15, 1974, as hereinafter set forth. tions to the Standard Instrument Ap- In consideration of the foregoing and In § 71.181 (39 FR 440), the following proach Procedures (SIAPs) that were pursuant to the authority delegated to transition area Is added: recently adopted by the Administrator me by the Administrator, 14 CFR 11.89 OARSVvX. GA. to promote safety at the airports con- (31 FR 13697) § 39.13 of Part 39 of the That airspace extending upward from cerned. Federal Aviation regulations Is amended 700-feet above the surface within a 9-mile The complete SAPs for the changes by adding the following new Airworthi- radius of Cartersville Airport (latitude 34o and additions covered by this amend- ness Directive: 07130" N., longitude 8415100" W.). ment are described In FAA Forms 3139, PiPR. Applies to Models PA-23-235 and PA- (Sec. 307(a). Federal Aviation Act of 1058 8260-3. 8260-4, or 8260-5 and made a 23-250 aircraft Serial Nos. 27-1 through (49 US.C. 1348(a)); sec. 6(o), Department of part of the public rule making dockets 27-4654, Models PA-24, PA-24-250 and Transportation Act (49 U.S.O. 165())) of the FAA in accordance with the pro- PA-24--260 aircraft -Serial Nos. 24-1 Issued In East Point, Ga., on May 30, cedures set forth in Amendment No. 97- through 21-5047, Model PA-24-400 air- 696 (35 FR 5609). craft Serial Nos. 26-2 through 26-148, 1974. Model PA-30 aircraft Serial Nos. 30-1 PH L3P M%SwAmr, SIAPs are available for examination through 30-2000 certificated In all Director,Southerm Region. at the Rules Docket and at the National Center, Federal Aviation categories [FR Doc.71-13292 Filed 6-10-74.8:45 am] Flight Data Compliance required as indicated unless Administration, 800 Independence Ave- previously accomplished. To prevent possible nue, SW, Washington, D.C. 20591. Copies hazards in flight associated with the corro- [Airspace Docket No. 74-EA-131 of SIAPs adopted in a particular region sion of the stablator attachment bolts, accomplish the following: PART 71-DESIGNATION OF FEDERAL are also available for examination at the 1. Within the next 100 hours in service, AIRWAYS, AREA LOW ROUTES, CON- headquarters of that region. Individual unless previously accomplished, and at inter- TROLLED AIRSPACE AND REPORTING copies of SIAPs may be purchased from vals not to exceed three years or five hundred POINTS the FAA Public Document Inspection Fa- hours in service from the last inspection, - Alteration of Transition Areas whichever occurs first, remove the four (4) cility, HQ-405, 800 Independence Ave- stabilator attachment bolts and inspect for On page 11097 of the FtDmL REISTER nue, SW., Washington, D.C. 20591 or corrosion. for March 25, 1974, the Federal Aviation 2. If corrosion Is found, before further from the applicable FAA regional office Administration published a proposed rule In accordance with the fee schedule pre- flight, replace the bolt, nut and washer with which would alter the Potsdam, N.Y. (39 unused parts of the same part numbers or FR 571) and Ogdensburg, N.Y. (39 FR scribed in 49 CFA 7.85. This fee is pay- equivalent. The bolt can be replaced with able In advance and may be paid by an equivalent corrosion resistent AN bolt. 557) Transition Areas. 3. If a corrosion-resistant AN bolt or equiv- Interested parties were given 30 days check, draft or postal money order pay- alent is used, compliance with the require- after publication in which to submit able to the Treasurer of the United menits of the AD may be discontinued. written data or views. No objections to States. A weekly transmittal of all SIAP 4. Equivalent parts must be FA A approved. the proposed regulations have been changes and additions 5. Upon submission of substantiating data received. may be obtained by an owner or operator through an FAA by subscription at an annual rate of n view of the foregoing, the proposed Maintenance Inspector, the Chief, Engineer- $150.00 per annum from the Superin- Ing and Manufacturing Branch, FAA, Eastern regulations are hereby adopted, effective Region, may adjust the repetitive inspection 0901 G.mt. August 15, 1974. tendent of Documents, U.S. Government interval specified In this AD. Printing Office, Washington, D.C. 20402. (Piper Service Letter No. 667A refers to this (Sec. 307(a), Federal Aviation Act of 1958 (72 Stat. 749; 49 U.S.O. 1348); sec. 6(o), De- Additional coples mailed to the same ad- subject.) partment of Transportation Act (49 U.S.C. dress may be ordered for $30.00 each. This anmendment is effective June 18, 1655(c))) 1974. Since a situation exists that requires Issued in Jamaica, N.Y., on May 24, Immediate adoption of this amendment, (Secs. 313(a), 601, 603, Federal Aviation Act 1974. I find that further notice and public of 1958 (49 U.S.C. 1351(a), 1421, 1423); sec. JAMZs Biso, 6(c), Department of Transportation Act (49 Deputy Director,Eastern Region. procedure hereon is Impracticable and U.S.C. 1655(c))) good cause exists for making It effective Issued in Jamaica, N.Y, on June 4, 1. Amend § 71.181 of Part 71, Federal In less than 30 days. Aviation Regulations by amending the 1974. description of the Potsdam, N.Y. 700- In consideration of the foregoing, Part JAMES BISPO, 97 of the Federal Aviation Regulations Deputy Director,Eastern Region. foot floor transition area by adding, "and within 3.5 miles each side of a 044" Is amended as follows, effective on the [FR Doc.74-13291 Fled 6-10-74;8:45 am] bearing from the Potsdam, N.Y. radio dates specified:

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20480 RULES AND REGULATIONS

1. Section 97.23 is amended by origi- (Sees. 307.313, 601, 1110, Federal Aviation Act percent of the aggregate value of all secu- nating, amending, or canceling the fol- Of 1948 (49 U.S.C. 1438, 1354, 1421, 1510); sec. rities which collateralze all secured mar- lowing VOR-VOR/DME SLAPs, effective 6(c). Department of Transportation Act (49 U.S.C. 1655(c) and 5 U.S.C. 552(a) (1)).) gin accounts receivable so that proper July 25, 1974. determination of any Reserve Require- Augusta, Ga.--Bush Field, VOR/DZ-A, Issued In Washington, D.C., on June 5, ment adjustments pursuant to Note (B) Amdt. 16. 1974. of the Reserve Requirement computa- Austin, Minn.-Austln Municipal Arpt, VoR JAMsS M. Vn=s, tion may be determined. This require- Rwy 17, Amdt. 9. ,Chief, ment should not be construed as pre- Austin, Minn.--Austn Municipal Arpt., Von Aircraft ProgramsDivisi cluding the respondent from combining Rwy 35, Amdt. 9. accounts as Nappanee, Ind.-Nappanee Municipal Arpt, NoTz.-Incorporation by reference provi- permitted by General In- VOR/DAm-A Amdt. L sions in §§ 97.10 and 97.20 (35 FR 5670) struction 6 to Form X-17A-5 (17 CFR Shelbyville, Tenn.-Bomr Fleld-ShelbyvilLe approved by the Director of the Federal Reg- 249.617). Municipal Arpt., VOR Rwy 36, Amdt. 10. ister on May 12, 1969. The Form has also been revised to tet * * * effective Juy 18, 1974: [FR Doc.74--13287 Filed 6-10-74;8:45 am] the broker-dealer's compliance with the requirements of Rule 15c3-3 (17 CIR ialto, Calif.--Ralto Municlpal (Miro Field), Title 17--Commodity and Securities 240.15c3-3) to reduce customers' fully VO1R-A, OrIg. -canceled Exchanges paid for and excess margin securities to Wendover, Utah-Wendover Ar AUX LD, a broker-dealer's possession or control. VOR/DAM-A, Orig. CHAPTER- II-SECURITIES AND Question 6G.1 will disclose whether * * * effective June 27, 1974: EXCHANGE COMMISSION instructions to obtain physical possession [Release No. 31-10825] Cape Girardeau, Mo.-Cape Girardeau Munic- or control which were properly Issued by ipal Arpt, VOR-A, Amdt. 5. PART 249-FORMS, SECURITIES the margin department were, n fact, ac- Cape Girardeau, Mo.--Cape Girardeau Munic- EXCHANGE ACT OF 1934 complished or acted upon by the casher- ipal Arpt., VOR Rwy 10, Amdt. 1, canceled. ing department or other persons respon- Audit Requirements of Annual Report of sible for accomplishing such instructions 2. Section 97.25 is amended by origi- Members, Brokers and Dealers nating, amending, or canceling as required by Rule 15c3-3 (17 CMR the fol- The Securities and Exchange Commis- 240.15c3-3). lowing SDF-LOC-LDA SIAPs, effective sion today June 27, announced the adoption of Question 6G.2 will indicate whether 1974. amendments to Form X-17A-5 (17 C1 or not the margin department or other Cape Girardeau, Mo.-Cape.Girardeau MunIc- 249.617) and the Audit Requirements personnel responsible for the margin ipal Arpt. LOG Rwy 10, OrIg. thereto which reflect the additional In- function had Issued appropriate instruc- 3. Section 97.27 is amended by origi- formation necessary to monitor compli- tions within'the parameters required by nating, amending, or canceling the ance with Rule 15c3-3 (17 CER 240.15c3- Rule 15c3-3 (17 CPR 240.15c3-3). following NDB/ADF SIAPs, effective 3) as well as developments in the OTHER AMENDMENTS TO For= X-17A-5 June 27,1974. securities Industry since 1967 which have affected the auditing-and financial regu- Question 4 of the financial question- Cape Ghmxdeau, Mo.-Cape Girardeau Munlc- lation of brokers and dealers. naire has been amended to require re- ipal Arpt., NDB Rwy 10, Orig. porting of open Items with clearing or- * * effective May 30, 1974: Summmy or =E AmmNDMEs ganizations using a continuous net settle- Montgomery, Ala.-Dannelly Field, NDB Ewy The principal amendments to the ment system. In addition, the Form now 9, Amdt. 13. Form relate to the Commission's adop- requires separate disclosure of free ship- tion of Rule 15c3-3 (17 CFR 240.15c3-3) ments of securities to other broker-deal- 4. Section 97.29 is amended by origi- under the Securities Exchange Act of ers as well as redemptions receivable nating, amending, or canceling the fol- 1934 and require the submission of a from registered investment companies or lowing ILS SIAPs, effective July 11, 1974. schedule in support of the computation otherI In addition,issuers redeeming their securities. Los Angeles, Calif-Los Angeles Intl. Arpt, of a broker-dealer's "Formula for all cash accounts which ILS Rwy 7L, Amdt. 9. Determination of Reserve Requirement" are subject to Regulation T of the Board * * * effective June 4, 1974: ("Reserve Requirement") under Rule of Governors of the Federal Reserve Sys- 15c3-3 (17 CFR 240.15c3-3) as of the tem will now be reported In Question CA Washington, D.C.-Washington National audit date, and the fimancial question- rather than limiting reporting to those Arpt. ILS Rwy 36, Amdt. 27. naire requirpz reporting of the amount accounts which are considered bona fido * * * effective May 30, 1974: required to be deposited In the "Special cash accounts. As a result of this change, Atlanta, Ga.-Fulton County Arpt. ILS Rwy Reserve Bank Account for the Exclusive the Audit Requirements of Form X-. 8R, Amdt. 5. Benefit of Customers" ("Reserve Bank 17A-5 (17 CER 249.617) have also been Montgomery, Ala.-Dannelly Field, Trs Rwy Account") and any amount on deposit amended to require the independent 9, Amdt. 18. In such account in excess of the Reserve public accountaint to review and test 5. Section 97.31 is amended by origi- Requirement. respondent's prosedures relating to tile nating, Question 4 of the financial question- prompt payment for securities purchased amending, or canceling the fol- in a Special Cash lowing RADAR SIPs, effective July 25, naire has been revised to classify open Account pursuant to 1974. items with other brokers and dealers, Regulation T. clearing organizations or issuers in ac- The Audit Requirements of Form X- Springfield, 11.-Capital Arpt, RADAR-1, cordance with the amounts which are to 17A-5 (17 CFR 249.617) have also been Amdt. 1. be included in the calculation of a firm's amended to require that the scope of Correction Reserve Requirements, the amounts in- the review and tests of the accounting cludable in aggregate indebtedness under system, internal accounting control and In Docket No. 13757, Amendment 918, procedures for safeguarding securities to Part 97 of the Federal Aviation Reg- the net capital rules and amounts which are not included n either computation. shall be sufficient to provide reasonable ulations published In the FEDERAL REG- assurance that any :SrER dated May 31, 1974, on page 19205, The revised disclosure is intended to material indo- simplify reporting and facilitate review quacies existing at the date of the e:- under § 97.25, 97.27 and 97.29 ef- amination would be disclosed. fective July 11, 1974--Cleveland Hopkins of the questionnaire by self-regulators Tnt'l. Arpb., Cleveland, Ohio, destroy LOC and the Commission. Finally, review of the procedures for (BC) Rwy 51, Orig.; NDB Rwy 5 R/, In order to determine whether a complying with Rule 15c3-3 (17 ClE Amdt. 8 and disregard cancellation of broker-dealer has an undue concentra- 240.15c3-3) is also required by these ItS Rwy 5R, Amdt. 12. NOTE: NDB Rwy tion of a specific security long in a custo- amendments. 5 R/L, Amdt. 7, effective November 22, mer's margin account, the amended Conxxssiou Acrxou, 1973 and IM Rwy 5R, Amdt. 12, remains Form requires note disclosure of any These amendments are hereby adopted In effect. security in such accounts exceeding 15 under the Securities Exchange Act of

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 RULES AND REGULATIONS 20481

1934, pafticularly sections 15(c) (3). The caption to Question 4 Is amended caza or r-calvables as "Other" and in the caze to read as follows: of liabl ltMs and related security valuations 17(a), 10(b) and 23(a) thereof and shall In C.3. D3 and E.3. be effective for all audits pursuant to Question 4-Other Open Items With 2. State separately or in a footnote the Rule 17a-5 under the Securities Ex- Brokers and Dealers,Clearing Organiza- totals of ledger debit balances; ledger credit change Act of 1931 commencing on or tions and Issuers. balanceo; lona security valuations, short after July 15, 1974. Items A. B and Note 1 are amended cecurlty valuations. for transactions out- The text of the amendments to § 249.- and Items E, F and Note 3 added as standln3 30 calendar days or long.er included 617 is as follows: follows: in the answers to Queston. 4B (Securities Failed to Deliver); and Question 4D.3 (Se- (1) General Instruction B.2 is State separately totals of ledger debit bal- curtle Failed to Receive). The amounts amended to read as follows: ances; ledger credit balances; long security reported for Question 4.M shall be classified 2. The valuations of customers' fully paid valuations; short security valuatons, and In accordance with the period that the trans- securities and excess margin securities in clssify as follows: actions have been outstanding: 30 to 39 cal- respondents possession or control, need not A. Securities borrowed (Le.. amount to be endar days; 40 to 49 calendar days; 50 to 59 be included in the answers. For the purpose received from others upon return to them of calendar days; and C0 or more calendar days. of this questionnaire, the terms "fully paid securities borrowed by respondent): 3. Where It is Impractical or unduly ex- securities," "excess margin securities" and 1. Items Includable in "Formula for Deter- pensve to allocate the ledger balance to each "physical possession or control" shall have mination of Reserve Requirement." category in E. a net amount may be reported the meanings found in the applicable provi- 2. Other. and the balance shall be so Indicated. Se- sions of Rule 15c3-3. B. Securities failed to deliver (Le. amount curity valuations shall be allocation to E.1, to be received from brokers and dealers upon 2. 3 and 4 to the extent feasible and all other The following questions in Part I of delivery of securities sold by respondent): such cmurlty valuations shall be reported the Questionnaire are amended to read 1. Items Includable in "Formula for Deter- under M.3 (in the case of net short valua- Requirement." as follows: mination of Reserve tions) or E.5 (in the case of net Iong- 2. Other. 'valuations). Question 1-Bank Balances and Other C. Securities loaned (Le., amounts to be Deposits. State separately total of each kind paid to others upon return of securities The caption to Question 5 is amended of deposit (cash and/or market value of loaned by respondent): to read as follows: securities) with adequate description. This L Items excludable from aggregate in- shall include cash on hand; cash in banks debtedness and "Formula for Determination Question 5-.Valuation of Securities representing funds subject to Immediate of Reserve Requirement." and Spot (Cash) Commodities in Box, witlhdrawal "Special Reserve Bank Account 2. Items includable in Pggrgat, Indebted- Depositores, Transferand Transit. for the Exclusive Benefit of Customers"; ness but excluded from "Formula for De- The present note Is redesignated Note "Special Account for the Exclusive Benefit of termination of Reserve Requirement" 1 and the following Note 2 Is added: Customers" cash in banks subject to with- 3. Items Includable in both aggregate In- drawal -restrictions; cash and securities "debtedness and "Formula for Determinatlon Nor=: 1. Question 5 requires entries . segregated pursuant to regulations of any of Reserve Requirement." short valuation column only. agency of the Federal Government, any state, 4. Items includable only in 'Formula for 2. State ceparately or In a footnote the any national securities exchange or national Determination of Reserve Requirement." m-ket value of securities which have been securities association; contributions to clear- D. Securities failed to receive (Le., amount in transfer in excess of 40 calendar days and ing organizations incident to membership; to be paid to brokers and dealers upon receipt have not been confirmed to be In transfer deposits with clearing organizations in con- of securities purchased by respondent) : by the transfer agent or the Lsuer during nection with commitments; guaranty and 1. Items excludable from aggregate in- the 40 days immediately preceding the audit m g deposits;, good faith deposits (see debtedness and "Formula for Determination date. The market value of securitles In trans- Note 3 to Question 14); drafts with securi- of Reserve Requirement." fer in excess of 40 days which have been ties attached deposited for collection. 2. Items includable in a gregate Indebted- confirmed only by the independent public NOTrs: 1. In support of the amount in the ness but excluded from "Formula for Deter- accountant in connection with his audit "Special Reserve Bank Account for the Ex- mination of Reserve Requirement." shall be Included in such footnote or classi- elusive Benefit of Customers" submit a 3. Items includable In both aggregate In- fication. schedule of the computation required under debtedness and 'Tormula for Determination Question 6-Customere Security Ac- Rule 15c3-3 (e) in the form prescribed In Ex- of Reserve Requirement." counts hibit A of Rule 15c3-3. The computation 4. Items includable only in "Formula for shall be as of the audit date and shall be Determination of Reserve RequIrement." Items A, G and Note 1 are amended accompanied by a reconciliation of the E. Balances with clearing organizations and Items H, I and Notes 6 and 7 are amounts set forth in the schedule with the utilizIng a continuous net settlement sptem added as follows: amounts reported in this Questionnaire. A (representing securities borrowed or failed State separately totals of ledger debit schedule shall be submitted even though to deliver; and securities loaned or falled to balancer ledger credit balances;, long sect- no deposit was required to be maintained as receive): rity valuations; short security valuations and a result of thb computation unless the L Items excludable from aggregate n- classify as follows: broker-dealer is exempt from Rule 15c3-3 by debtednes and "Formula for Determination A. Cazh accounts (Le. accounts subject to any provision of paragraph (k) of that rule. of Reserve Requlrement." Section 4(c) of Regulatlon. T of the Board If the broker-dealer was not required to 2. Items Includable in aggregate indebted- of Governors of the Federal Reserve System) maintain a "Special Reserve Bank Account ness but excluded from "Formula for Deter- Which have both un=ettled money balances for the Exclusive Benefit of Customers" be- mination of Reserve Requirement." and pcs-tlons in securltie. cause he was exempt from Rule 15c3-3, a 3. Items includable in both aggregate In- L Accounts with debit balances. note shall so state. debtednes and "Formula for Determination 2. Accounts with credit balances. 2. The amount reported for "Special Re- of Reserve Requirement." B. Secured Accounts: serve Bank Account for the Exclusive Bene- 4. Items includable only in "Formula for I. Accounts with debit balance. fit of Customers" shall indicate the required Determination of Reserve RequirementW" 2. Accounts with. credit blances. deposit and any amount In excess of re- 5. Other (See Note 3). C. Partly secured accounts (accounts quirements shall be classified as "Amount F. Free shipments (Le. amount to be re- liquidating to a deficit): on Deposit In Special Reserve Bank Account oeived from others for cecuritles already de- 1. Accounts with debit balances. for the Exclusive Benefit of Customers in livered to them not accompanied by docu- 2. Accounts with credit balances. Excess of Requirement and Subject to Im- ments requiring payment upon. delivery or D. Unsecured accounts. mediate Withdrawal." for which payment was not received upon I. Accounts with credit balances having Question 2-Money Borrowed and Ac- delivery). open contractual commitments. counts Carried by Respondent by Other 0. Redemptions Receivable (Le. amount P'. Accounts with free credit balances. to be received from -uers or their agents GI Securities for which instructions to Banking and Brokerage Ho-ses, ,'ec er for Securltlc submitted for rleemptlon): reduco to pazezz io or cantrol had been by or Containing Customers' Collateral. L Includable In "Formula for Dotermina- is:-ued and which were not in posseselon. or A new Note 3 is added: tion of Reserve Requlrement." control as of the examination date: 2. Other. NOTES: * * (a) Required by Rule 15c3- to be in pos- 1. Where It Is impractical or un- 3. State separately the market value of NoTEs: session or control but for which no action duly expensive to allocate all securitos to was required by the respondent as of the securities collateralising a loan on behalf of each category in A, B, C. D, F, F and 0 proper the respondent which securities are report- allocation shall be made to the extent feasi- audit date or required action was taken by able as customer securities as defined in Rule ble and all other such ledger balances and respondent within the time frames specified 15c3-3. security valuations shall be reported in the pursuant to Rule l5c3-3.

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 No. 113--Pt. I-3 20482 RULES AND REGULATIONS

(b) Required to be In possession or control shall Include: accounts for exchange mem- permitting the omission of any additional as of the audit date for which the required berships; furniture, fixtures, and other fixed audit precedures which an indepcndent ac- action was not taken by respondent within assets; valuation reserves; funds provided or countant would deem necessary under the the time frames specified by Rules 15c3-3 deposited by the respondent as margin in circumstances. As part of his audit the In- (Note 7). joint accounts; revenue stamps; dividends dependent public accountant shall: 2. M~arket value of excess margin securities receivable, payable and unclaimed; floor and fully paid securities n cash accounts brokerage receivable and payable, commis- (2) Account for by physical examination and payable, advances to having either credit or no money balance for sions receivable and comparison with the books and records: commodity which instructions to place in possession or salesmen and other employees; all securities, including customers' fully paid control were not reflected on the books and difference account; goodwill; organization and excess margin securities; material records of the respondent as of the audit expense, prepaid expenses and deferred amounts of currency'and tax stamps; ware- liability reserves; mortgages pay- date. charges; house receipts; and other assets on band, (a) Arising from "temporary lags which able; other liabilities and deferred credits; in vault, in box or other otherwise in physi- (other result from normal business operations" per- market value of securities borrowed cal possession. Control shall be maintained mitted pursuant to Rule 15c3-3. than for delivery against customers' sales) to of the value is over such assets during the course (b) Not arising from "temporary lags the extent to which no equivalent physical examination and comparison. which result from normal business opera- paid or credited (other than securities bor- * * • • • tions" permitted pursuant to Rule 15c3-3. rowed from customers which are reported in H. Fully paid securities borrowed from Question 6M); drafts payable (issued in set- (10) Review and test respondent's proce- customers pursuant to specific agreement. tlement of customers' credit balances); long dures relating to compliance with the re- I. Allowance for customers' accounts security count difference valuations; short quirement for the prompt payment for doubtful of collection. security count difference valuations, and securities pursuant to section 4(c) of Regu- NoTs: 1. All unsecured cash accounts other accounts not specifically mentioned lation T of the Board of Governors of thb shall be reported under D and partly secured herein. Federal Reserve System; and, accounts deemed doubtful of collection shall NOTES* (11) (a) Review the procedures followed be reported under C. 3. State in a footnote the number of in making the periodic computations and de- securities in which there were long security posits required under the provisions of para- count differences; the number in which there graph (6) and Exhibit A of Rule 15c3-3. 6. State separately or in a footnote, de- were short security count differences; and the (b) Review the procedures followed In ob- scription, quantity, price and valuation of total number of securities In which there taining and maintaining physical poszes- any specific security (other than an ex- were positions as of the date of the ac- ion or control of all fully paid and oxceos empted security) which is collateral for mar- countant's report. margin securities of customers as required gin accounts included in the long security 4. State separately or In a footnote as of under the provisions of Rule 16c3-3. valuations at B.1 and C.1 and which exceeds the audit date (a) the market value of stock (c) If respondent is exempt from Rule in aggregate value 15 percent of the aggre- dividends, stock splits and similar distribu- 15c3-3, the independent public accountant gate value of all securities which collateralize tions receivable outstanding over 30 calendar shall ascertain that the conditions of the ex- all margin accounts receivable reported at days, (b) market value of short security emption Were being complied with as of the these two questions. A specific security is count difference valuations over 30 calendar examination date and that no facts came to deemed to be collateral for a margin ac- days old, and (c) ledger credit balances and his attention to indicate that the exemption count only to the extent it represents in short security valuations in all suspense ac- had not been complied with during the value not more than 140% of the customer counts over 30 calendar days. period. debit balance in a margin account. 7. State separately or in a footnote whether AUDIT REQUIREMENTS securlties reported in GG(1) (b) above were Section 249.617-No change In descrip- subsequently reduced to possession or con- The introductory paragraph and Items tion In text. trol by the respondent. Also state the num- 2, 10 and 11 are amended as follows: ber of individual items which were reported The audit shall be made in accordance By the Commission. in 6G(1) (b) above. with generally accepted auditing standards [SEAL] GEORGE A. FITZSIMr,ioNS, of OfIcers and and shall include a review of the accounting Secretary. Question 8-Accounts the internal accounting control and system, MAY 24, 1974. Directors. procedures for safeguarding securities in- The Note is redesignated Note 1 and cluding appropriate tests thereof for the [FR Doc.74-13319 Filed 6-10-74;8:45 am] Note 2 is added: period since the prior examination date. The scope of such review and tests shall be suf- NToTEs: 1. * * Title 21-Food and Drugs 2. All "excess margin" and "fully paid ficient to provide reasonable assurance that existing at the securities" of officers and directors shall be any material inadequacies CHAPTER [-FOOD AND DRUG ADMINIS- reported together and Notes 6 and 7 to Ques- date of the examination would be disclosed. TRATION, DEPARTMENT OF HEALTH, procedures neces- tion 6 shall not apply to this Question. The audit shall include all EDUCATION, AND WELFARE sary under the circumstances to substantiate Question 9-General Partners' Indf- the assets and liabilities and securities and SUBCHAPTER D-DRUGS FOR HUMAN USE vidual Accounts. commodities positions as of the date of the PART 310-NEW DRUGS A new Note 3 is added as follows: responses to the financial questionnaire and to permit the expression of an opinion by the PART 314-NEW DRUG APPLICATIONS NOTES: 1. * * * independent public accountant as to 'the fi- 3. All "excess margin" and "fully paid nancial condition of the respondent at that Special Packaging securities" shall be reported together and date. Based upon such audit, the accountant In a proposal published In the F"s- Notes 6 and 7 to Question 6 shall not apply to shall concurrently comment upon any mate- ERAL REGISTER of December 13, 1913 (38 this Question. rial inadequacies found to exist in: (a) The FR 34329), the Commissioner of Food accounting system; (b) the internal account- Question 10-Trading and Investment ing control; (c) procedures for safeguarding and Drugs set forth guidelines to define Accounts of Respondent. securities and (d) the practices and proce- when premarket clearance is required A new Note 4 Is added as follows: dures whose review is specified in Items 8, for anticipated packaging changes for NOTES: * 4 * 9, 10 and 11 below; and shall indicate any drugs as a result of "special packaging" 4. State separately or in a footnote both corrective action taken or proposed. If the standards promulgated by the Consumer long and short security valuations attributa- audit did not disclose any material inade- Product Safety Commission pursuant to ble to principal purchases or sales from or quacies, the accountant shall so report. section 3 of the Poison Prevention Pack- to customers which are included in the The independent public accountant may aging Act of 1970. at any time which answer to Question 1O.A. perform audit procedures comments were received: live Question 13-Other Accounts, etc. he may deem appropriate; however, if the Seven procedures prescribed in Items 2, 3, 4 and from pharmaceutical manufacturers, one This Question is amended to read as 6(c)-(g), excluding Item 6(e) (v), are per- from a pharmaceutical manufacturer's follows: formed at a date other than the audit date, association, and one from a government State details (ledger balances, valuations then all such aforementioned procedures agency. A summary of these comments shall be performed as of the same date, which and the Commissioner's responses are of securities and spot (cash) commodities; shall not be more than 190 days prior to the status of future commodity positions; and financial statement date. as follows: any other relevant information) of any ac- The scope of the audit shall include the 1. The majority of the comments ex- counts which have not been included in one following procedures, but nothing herein pressed concern over the requirement of the answers to the above questions. These shall be construed as limiting the audit or for advance approval of changes in the

FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 RULES AND REGULATIONS 20.83 closure system where the composition 2. Several comments addressed the is- modified to indicate that if the applicant of the material in contact with the drug sue of applicatlonlremoval torque or does not believe the deviation is signifi- (e.g, cap liner, inside surface of the tightness of the closure and the protec- cant and does not justify a withdrawal plastic laminate. etc.) remains un- tion It provides the product when applied from the market, the deviation shall be changed and the only other change is consistently as specified in the approved discussed with the Food and Drug in the outer shell of the closure. It new-drugapplication thus making it un- Administration. was argued by some that in this in- necessary to require time-consuming and 6. A general conment was made that stance there would be no adverse effect expensive stability testing. clarification is necessary to show that on water vapor and gas transmission and The Commissioner disagrees that these regulations have been written to in- therefore immediate implementation tightness of the container/closure alone clude all forms or packaging such as hot- should be permitted. Some felt that this should be controlling in this regard. It is ties, plastic blisters, strip packages, etc. type of change could be put into effect an important factor which must be con- The Commissioner concludes that -immediately if certain supporting data sidered in developing packaging stand- although it Is not necessary for the regu- and necessary commitments for ongoing ards along with the physical and cheml- lation to be amended in this regard, such tests are submitted. These comments QaI characteristics of the contalner/lDo- is the intent of the requirements of also stated that the requirement that sure systems for drug products and in § 314.8. Supplements for changes in these the package be "at least comparable" to cognizance of this, as indicated above, types of packaging must have prior that provided for in the approved ap- the regulation has been modified to add approval. plicationis unduly rigid and fails to take tightness of the closure as an additional 7. A single comment expressed con- into account difference in physical char- parameter for testing when compared cem that implementation of these re- acteristics and capabilities of various with the currently approved packaging. quirements at this time might cause re- types of closures and the virtual impos- Such data when submitted along with versals in industry plans to implement sibility of proving "comparability" of accelerated stability data or data show- "special packaging" and cause discon- some of these. ing that the package Is satisfactory as a tinued marketing of necessary life-saving While the Commissioner recognizes barrier to moisture and gas trnsmision drugs Extension of the April 15. 197I1 that in some cases a liner or innerseal may be used to justify changes put into "special packaging" deadline for pre- which is identical to that In the approved effect in advance of approval of a sup- scription drug packaging was requested. application may provide the necessary plemental application providing no The Commissioner concludes that he protection for the drug product. data are change has been made in the composition has no authority to extend the deadline not available to substantiate a claim that of the container and the closure compo- for use of "special packaging" which cur- an across-the-board exemption can be nent in contact with the drug remains rently lies with the Consumer Product provided for all changes of this type. unchanged. Safety Commission. The Commission The Commissioner has accepted, and this 3. One comment stated that stability stated in comments submitted on the was the intent of the proposal, that If data other than that relating to vapor proposed regulations that it has no rea- the closure component in contact with and gas transmission may be more appro- ,on at the present time to believe that the drug remains the same, the change priate for a particular drug product and special packaging adequate to protect to the composition and/or-physical char- that it should be permitted to demon- the purity and effectiveness of drugs is acteristics of the outer cap or lid may be strate the suitability of a package. not available, thus enabling manufac- placed into effect before approval of the The Commissioner agrees that appro- turers to comply with requirements of supplements provided certain supporting priate stability studies may actually pro- both the Federal Food, Drug, and Cos- data and necessary' commitments are vide a more accurate =ezsment of the metic Act and the Poison Prevention submitted. Further, the Commissioner adequacy of a particular contained clo- Packaging Act. The Commission also recognizes the difficulties which may oc- sure system for a drug product. Accord- stated that It believes that the time pro- cur in requiring comparability of special ingly, the regulation has been amended vided from the date on which a packag- packaging -with that provided in an ap- to provide for the alternative submission ing standard is proposed until the effec- proved application which may actually of accelerated stability data. tive date of the subsequent final order is be more than adequate to protect the 4- Comments were submitted concern- adequate to allow the affected industry integrity of the product. Therefore, ing the Implication that all marketed to comply with the requirements of such § 314.8(d) (5) (21 CFR 314.8(d) (5)) has batches produced must be tested for packaging standards as well as to obtain been modified to provide that changes in stability. the necessary Food and Drug Adminis- the composition and/or physical charac- The Commissioner finds that this im- tration approval of a supplemental new- teristics of the lid, or the cap liner when plication was unintentional, and the final drug application, and that the Commis- an innerseal is used, provided there is no order has been modified to state ex- sioner of Food and Drug, in promulgat- change in the closure component in con- plicitly that only initially marketed ing packaging standards for drugs prior tact with the drug (cap liner or inner- batches of the drug are to be tested and to the activation of the Consumer Prod- seal) and in the torque of the closure, that reports be submitted at specified uct Safety Commission on May 14,1973, may be made in advance of approval of intervals. made the finding that special packaging the supplemental application. Such ap- 5. A comment questioned the require- was available which would protect the plications shall include, however, data ment that the applicant withdraw from Integrity of drugs. As expressed in its showing that the package is satisfactory the market any batch found to fall out- comment, the Commission is, however, as a barrier to moisture and gas trans- side the approved specifications for the willing to consider those individual cases mission or 3 months accelerated stability drug, thus requiring a recall or market where unusual circumstances may result well withdrawal of a product regardless of in a drug manufacturer who has acted in data which include assay data, as unable to comply with as data on other significant properties whether the deviation was minor and ir- good faith being of the product at room temperature and respective of any pertinent facts. The requirements imposed by the Food and at exaggerated temperatures and con- comment contended that recalls or with- Drug Administration to assure purity ditions of high humidity. In the event drawals for miniscule violations tend to and effectivenes of the drug within the that the change in the package is in the dilute the effectiveness of such removal effective date specified in the packaging composition and/or configuration of the actions and provide little or no addi- standards. cap, but not in the cap liner, other data tional protection to the publi health. The Commissioner emphasizes that or information which demonstrate the Several examples were presented. these reg'lations require that supple- adequacy of the liner will be accepted in The Commissioner advises that it Is ments submitted to provide for special lieu of moisture and gas transmission or not the policy of the Food and Drug Ad- packaging be plainly marked "Special the accelerated stability studies. The ap- ministration to require recalls or with- Container Packaging Supplement." plicant must also agree to test the stabil- drawals for minor deviations from ac- Such Identification is to expedite the ity of initially marketed batches of the ceptable specifications. In order to clar- handling and review of such supple- drug. ify this intent the final order has been ments.

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20484 RULES AND REGULATIONS

On March 29, '1974, there was pub- information as to the manufacturer of Title 40-Protection of Environment lished in the FEDERAL REGISTER (39 FR the safety closure and any identification 11680) CHAPTER I-ENVIRONMENTAL a recodfication of Part 130 of applied to such closure. PROTECTION AGENCY the Food and Drug Regulations. These (xli) Addition to the labeling of such amendments reflect the recodified sec- statements as required by the Poison SUBCHAPTER C-AIR PROGRAMS tion numbers rather than the section Prevention Packaging Act of 1970 or reg- PART 52-APPROVAL AND PROMULGA- numbers used in the proposal. ulations promulgated thereunder. TION OF IMPLEMENTATION PLANS Therefore, pursuant to -provisions of * * * * the Federal ,Food, Drug, and Cosmetic Revisions to Utah Plan Act (secs. 502, 505, 507, 701; 52 Stat. (d) * * * On May 31, 1972 (37 FR 10842), pur- 1050-1053, as amended; 1055-1056, as (5) Changes which provide for "spe- cial packaging" suant to section 110 of the Clean Air Act amended by 70 Stat. 919 and 72 Stat. as defined in § 310.3(1)" and 40 CPR Part 51, the Administrator 948; 59 Stat. 463, as amended (21 U.S.C. of this chapter other than the use of an approved, additional closure as provided for in with specific exceptions, a plan 352, 255, 357, 371) ) and under authority for Implementation of the national am- delegated to the Commissioner (21 CFR paragraph (a) (5) (xi) of this section, where the composition bient air quality standards submitted by 2.120), Parts 310 and 314 of Title 21 of of the container, Utah. On July 27, 1972 (37 FR 15094), the Code of Federal Regulations are the torque (tightness) of the container, -and the composition of the Administrator proposed regulations amended as follows: the closure com- to correct deficiencies in the regulatory ponent in contact with the drug (cap provisions 1. In § 310.3 by adding a new para- liner or innerseal) remain the same as of the Utah plan. On graph (1) as follows: provided in the approved new-drug March 23, 1973 (38 FR 7584), the Admin- ap- Istrator set forth a regulation limiting § 310.3 Definitions and interpretations. plication. Each such supplement shall include: sulfur dioxide emissions from the first * *t * * * operating unit of Utah Power and Light (1) A representative market package (1) "Special packaging" as defined In Company's Huntington Canyon power and any Identification applied to such plant located in the Utah portion of the section 2(4) of the Poison Prevention package and Packaging Act of 1970 means packaging Four Corners Interstate Region. The () Preliminary data showing that basis for the regulation was the diffusion that is designed or constructed to be the package is satisfactory significantly difcult for children under as a barrier modeling performed by the National to moisture and gas transmission or 3 Oceanic and Atmospheric Administra- 5 years of age to open or obtain a toxic months accelerated or harmful amount of the substance con- stability data which tion (NOAA) for the Southwest Energy tained therein within a reasonable time include assay data, as well as data on Study, which Indicated that emissions and not difficult for normal adults to use other significant properties of the prod- from the first operating unit at Hunting- uct at room temperature and at exagger- ton Canyon would violate the primary properly, but does not mean packaging ated temperatures which all such children cannot open or and conditions of high and secondary short-term national am- humidity. In the event that the sole bient air quality standards for sulfur obtain a toxic or harmful amount within change in package a reasonable time. is in the composition dioxide. * * * * or configuration of the cap (outer shell Subsequent to the promulgation of the not in contact with the drug) other data sulfur dioxide regulation, the Adminis- 2. In § 314.8, by adding a new para- or information which demonstrate the trator received the results of smoke and graph (a) (4) (vi), by revising the last adequacy of the liner alone to serve as fluorescent particle tracer studies con- three sentences in (a) (4), by adding new an effective barrier will be acceptable In ducted at the Huntington Canyon site paragraphs (a) (5) (xi) and (xii) and lieu of moisture and gas transmission or by Air Resources Laboratory, NOAA, and (d) (5) as follows: accelerated stability data. For any North American Weather Consultants, a changes Instituted under the provisions § 314.8 Supplemental applications. firm retained by Utah Power and Light of this paragraph, the applicant shall Company. These studies Indicated that (a) * * * submit a written commitment that he (4) * * * the dispersion rate of sulfur oxides under will test the stability of initially stable conditions was significantly (vi) A change in container to provide marketed batches of the drug; submit greater than the rate used In the original for "special packaging" -as defined in the Information at intervals of 3 months NOAA model and that a correction factor § 310.3(1) of this chapter pursuant to beginning with the date of initial pack- was appropriate to compensate for the the requirements of regulations under aging during the first year following such Initial dilution of the plume before it the Poison Prevention Packaging Act of date, at intervals of 6 months during reaches the effective stack height. 1970. The mailing cover and supplement the second year following such date, and Based on projections developed from shall be plainly marked "Special Con- at yearly intervals thereafter for as long the results of these studies, the Admin- tainer Packaging Supplement." as necessary to support or establish an istrator determined that emissions from Any number of changes may be sub- assigned expiration date, unless other- the first operating unit of the Hunting- mitted at any one time; but if they fall wise ordered in a written communica- ton Canyon power plant would not vio- into different categories as listed In tion by the Food and Drug Adminis- late the short-term national standards ,paragraph (a) (4) (1) through (vi) of tration; and withdraw from the market for sulfur dioxide. On December 7, 1973, this section, the proposed changes should any batch found to fall outside the ap- (38 FR 33777), the Administrator pro- be covered by separate communications. proved specifications for the drug or dis- posed to withdraw the sulfur dioxide Where, however, a change necessitates cuss the deviation with the Food and regulation promulgated for the facility, an "overcap" to the existing closure of a Drug Administration if the applicant be- revoke the extension provided for the submitted in a single communication. lieves the deviation is not significant. attainment of the primary standards for For example, a change in tablet potency sulfur dioxide, amend thd Federal com- would require other changes such as in Effective date. This order shall be ef- pliance schedule to exclude sulfur dioxide components, composition, and labeling fective July 11, 1974. control for the first operating unit at and should be submitted in a single (Sees. 502, Huntington Canyon, and indicate that communication; 505, 507, 701; 52 Stat. 1050-1053, ambient levels of sulfur dioxide In the (5) * * * as amended; 1055-4056, as amended by 70 Utah portion of the Four Corners Inter- Stat. 919 and 72 Stat. 948; 59 Stat. 463, as state Region are below the national (xi) Changes which provide for "spe- amended (21 U.S.C. 352, cial packaging" as defined in § 310.3(1) 355, 357, 371)) standards. A public hearing on the pro- of this chapter which are in the form of Dated: June 4, 1974. posed amendments was held in Salt Lake City on March 20, 1974. There was an "overlap" to the existing closure of a SAm D. FtNn, no container challenge to the technical Information without any other changes In Associate Commissioner supporting the proposals. Consequently, the container/closure system. The report for Compliance. the Administrator is promulgating the or written communication shall contain [PR Doc.74-13193 Piled 6-10-74;8:45 am] amendments as proposed.

FEDERAL REGISTER, VOL 39, NO. 113--TUESDAY, JUNE 11, 1974 RULES AND REGULATIONS2 2W15

In order to insure that the national of this section. the owner or operator of (4) Any owner or operator who sub- standards are not exceeded at Hunting- any stationary source subject to § 52.2330 mits a compliance schedule pursuant to ton Canyon, The Administrator intends (c) shall comply with such regulation on this paragraph shall, within 5 days after to utilize his authority under Section 114 or before January 31, 1974. The owner or the deadline for each increment of prog- of the Act to require Utah Power and operator of the source subject to § 52.2330 ress, certify to the Administrator whether Light Company to perform ambient air (b) shall comply with such regulation at or not the required increment of the quality monitoring. Should such monitor- initial startup of such source unless a approved compliance schedule has been ing indicate that some degree of control compliance schedule has been submitted met. is necessary for the power plant to pursuant to paragraph (b) (2) of this 6 52.2331 •[Amended] achieve the national standards, the section. Administrator will propose the required i) Any owner or operator in compli- 4. In § 52.2331, the attainment date regulations. ance with § 52.2330(c) on the effective table is amended by replacing the date date of such section shall certify com- "March 1976" for attainment of the pri- Since these amendments remove, mary and secondary standards for sul- rather than enlarge or amplify, pre- pliance to the Administrator no later date fur oxides In the Four Comers Interstate viously existing regulations, the Adminis- than 120 days following the effective Region with the letter "c'". trator has determined that good cause of § 52.2330(c). [FR Doc.74-13230 Piled 6-10-74:8:45 am] exists for not deferring the effective date (ii) Any owner or operator who of this promulgation. In addition, im- achieves compliance with § 52.2330 (b) mediate, effectiveness will allow Utah or (c) after the effective date of this reg- Title 47-Telecommunication Power and Light to proceed with cer- ulation shall certify such compliance to CHAPTER I-FEDERAL tainty in conducting its affairs and will the Administrator within 5 days of the COMMUNICATIONS COMMISSION afford other interested parties an op- date compliance is achieved. portunity to immediately seek judicial (2) Any owner or operator of a sta- PART 73-RADIO BROADCAST SERVICES review. tionary source subject to paragraph United States-Mexico FM Broadcasting (b) (1) of this section may. no later than Requirement; Correction (Sec. 110(c), 301(a), Clear Air Act (42 U.S.C. 120 days following the effective date of 1857 et seq.)) § 52.2330 (b) or (c), submit to the Ad- In the matter of amendment of the Dated: June 4, 1974. Commission's rules and regulations to ministrator for approval a proposed com- effectuate the United States-Mexico JOHN QUARLES, pliance schedule that demonstrates Administrator. compliance with § 52.2330 (b) or (c) as FM Broadcasting Agreement. expeditiously as practicable but no later The Order, adopted March 28, 1974; Part 52 of Chapter I, Title 40 of the promulgating amendments to various than July 31, 1975. Rules and Regulations to further imple- Code of Federal Regulations is amended (3) The compliance schedule shall as follows: ment the United States-Mexico PM provide for periodic increments of pro.- Broadcasting Agreement (FCC 74-309; Subpart TT-Utah ress toward compliance. The dates for 39 FR 12989; 46 F.C.C. 2d 153), is hereby § 52.2322 [Amended] achievement of such increments shall be corrected. In the Note to § 73.207(a), specified. Increments of progress shall which was supplemented to set forth ad- 1. In § 52.2322, paragraph (d) is re- include, but not be limited to: Submittal ditional mileage separations to Mexican voked. of the final control plan to the Adminis- channel assignments and authorizations, § 52.2325 [-Amended] trator; letting of necessary contracts for for Class D to Class B, the 1st Adjacent 2. In § 52.2325, paragraph (c) is re- construction or process change or issu- Channel mileage should read "60" in- voked. ance of orders for the purchase of com- stead of "69". 3. In 52.2327, paragraph (b) is revised ponent parts to accomplish emission Released: June 5, 1974. to read as follows: control or process modification; Initia- FrMEI, COX3WUMCATIONS § 52.2327 Compliance Schedules. tion of on-site construction or installa- COMMISSION, tion of emission control equipment or [sAL] VnwmEr J. MULIMs, (b) Federal compliance schedule. (1) process modification; and final compli- Secretary. Except-as provided in paragraph (b) (2) ance. [FR Doc.74-13326 Filed 6-10-74;8:45 am]

FEDERAL REGISTER, VOL 39, NO. 113--TUESDAY, JUNE 11, 1974 20486 RULES AND REGULATIONS Title 24-Housing and Urban Development CHAPTER X-FEDERAL INSURANCE ADMINISTRATION, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SUBCHAPTER B-NATIONAL FLOOD INSURAUCE PROGRAM [Docket No. 1I 2831 PART 1914-AREAS ELIGIBLE FOR THE SALE OF INSURANCE Status- of Participating Communities Section 1914.4 of Part 1914 of Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations Is amended by adding in alphabetical sequence a mew entry to the table. In this entry, a complete chronology of effective dates appear for each listed community. Each date appearing in the East column of the table is followed by a designation which indicates whether the date signifies the effective date of the authorization of the sale of flood insurance in the area under the emer- gency or the regular flood Insurance program. The entry reads as follows: § 1914.4 Status of participating communities.

Effective date of authorization / State County Location of sale of flood Hazard area State map roposite-y Local map reprcito y Insurance identified for area

rass . ilssssppl Osceola, city of. .--- Jun 5,1974. Dec. 17,1 1 .------Emergency. Delaware ------Rent and Sussex Milford, city of------May 24,1974 ...... z ------Counties. Now York ------Ontari ..-..... Richmond town of------do ------May 17,1974 ------Oregon ....------Douglas ------Canyonville, city oL ...... - do ...... - -- - Do_...... Jackson --..--- Eagle Point, city of--...... -do ...------..... --...... Texas ------JimWolls..... Alice, city of ------do- De. 23,1973 ------...... ------. Washington ------Walla Walla ----- Waitsburg, city of - ---- do...... Apr. 12,1974 ...... West Virgina..... Knnawha .... South Charleston, city o------_do ------.....-----..------Wisconsin -.- St.. Crol...... New Richmond, city of------do ------Dec. 23,1973 ------

(National Flood Insurance Act of 1968 (title XII of the Housing and Urban Development Act of 1968). effective Jan. 28, 1969 (33 ME 17804, Nov. 28, 1968), as amended. (sees. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and Secretary's deleation, of authority to Federal Insurance Administrator, 34 FR 2680, Feb. 27, 1969) Issued: May 29, 1974. GEORGE K. BERisTEin, FederalInsurance Administrator. [FR Doc.74--13255 Fled 6-10-74; 8:46 am]

[Docket No FT 284] PART 1914-AREAS ELIGIBLE FOR THE SALE -OF INSURANCE Status of Participating Communities Section 1914.4 of Part 1914 of Subchapter B of Chapter X of Title 24- of the Code of Federal Regulations is amended by adding In alphabetical sequence a new entry to the table. In this entry, a complete chronology of effective dates appear for each listed community. Each date appearing in the East column of the table is followed by a designation which indicates whether the date signifies the effective date of the authorization of the sale of flood insurance in the area under the emer- gency or the regular flood insurance program. The entry reads as follows: § 1914.4 Status of participating communities.

Effective date of authorization State County Lomtalon of sale of flood Hazard area State map repository Local map repoitory insurance Identified for area

Illinois ------Madison ------Madison, city of ------May 28, 1974. Nov. 23,1973 ------z ------Emergency. Do------Randolph ------Sparta, city of------do ------Mar. 1,1974 ------Z...... ,lnnesota - Anoka ------Columbia Heights, city of .-- do-- May 10,1974 ------Do ------Nobles ------Worthington, city of ------do- E.....May 3,1974 ...... Nebraska ------Hall ------Grand Island, city of ------do Apr. 5,1974 ------Now Hampshire.. Hillsboreugh ---- Amherst town of ------do::::::::--.-Mar. 22,1974 ------New Jersey ------Mercer ------Washington, township of ------do ------May 17,1974 ------Now York ------Ontario ------Naples, town of ------do ------...... ---...... --- Oregon ------Yamhill ------Unincorporated areas ------do ------South Dakota.. Pnningten ------do ------do ...... Virginia ------. Brunswick ------Lawrenceville, town of -- - do------May 24,1974 --...... -----... Wisconsin ------Buffalo ------Mondovi, city of..------do- J-----Jan. 9,1974 ------.. Do------Dane ------.... Oregon, village of------do ------May 24,1974 ------...... "

'(National Flood Insurance Act of 1968 (title XII of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 FR 17804, Nov. 28, 1968), as amended (sees. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127, and Secrotary's delegation of authority to Federal Insurance Administrator, 34 FR 2680, Feb. 27,1969) Issued: May,29,1974. GEORGE K. BERNSTErI, Federal InsuranceAdministrator. [FR Doc.74--13256 Filed 6--1--74; 8:45 am]

FEEDS REGISTER, VOL 39, NO. 113-UESDAY, JUNE 11, 1974 RULES AND REGULATIONS 20487

[Docket No. Fl 2851 PART 1914-AREAS ELIGIBLE FOR THE SALE OF INSURANCE Status of Participating Communities Section 1914.4 of Part 1914 of Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations is amended by adding in alphabetical sequence a new entry to the table. In this entry, a complete chronology of effective dates appears for each listed community. Each date appearing in the East column of the table is followed by a designation which indicates whether the date signifies the effective date of the authorization of the Sale of flood Insurance in the area under the emer- gency or the regular flood insurance program. The entry reads as follows: § 1914.4 Status of participating communities.

Effective date State County Location ofauthorleatlon Iiardarea State mp efrcfgtllcy i,-nprpc-Itory of --do of flood ldenilla insuranc forarca

Arks...... Crittende ..-. West Memphis, city of ..... _JunoEmulicy. 6, 197.L .Nov. Z,9,973 ...... Colorado ------J efferson ------Edgewater, city or...... do...... Idaho ------Bonneville.... -- Unincorporated areas ...... do ...... Illinois------Alexander. --- do------do...... Do ...... - Du Page- ...... Bloomlngdalo vilLago of...... ddo ...... Mar. 4...... Kansas--- Summer ------Wellington, ely of...... do--...... -e.d.1974 ...... Michigt ..-.... Genesee ------Flushing. city of...... do...... May 1, 974 ...... -...... Do ------Oakland------Lathrup Village, city or ...... do ...... Penr ylvania...... Allegheny -.----- Brentwood borough ...... do ...... Do.'------Columbia - - Stilwater, [orough o ...... do ...... -...... Do ------Luzerne...... West Hazleton, borough of ...... do ...... Do ------Northumberland. Northumberland, borough of ... do ...... Wahington ..- llckitat------Unincorporated areas ...... Wisconsin.. - Bayfleld. ------do...... do ......

(National Flood Insurance Act'of 1968 (title X of the Housing and Urban Development Act of 1968). effective Jan. 23, 1969 (33 FR 17804, Nov. 28. 1968), as amended (sees. 408-410. Public Law 91-152. Dec. 24, 190). 42 U.S.C. 4001-4127, and Secretary's delegation of authority to Federal Insurance Administrator. 34 FR 2680. Feb. 27, 1903) Issued: May 31, 1974. CHARLEs W. WIEc=;G, Acting FederalInsurance Administrator. [FR Doc.74-13257Filed0-10-74;8:45amI

I Docket No. F1 2861 PART 1914-AREAS ELIGIBLE FOR THE SALE OF INSURANCE Status of Participating Communities Section 1914.4 of Part 1914 of Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations is amended by adding in alphabetical sequence a new entry to the table. In this entry, a complete chronology of effective dates appear for each listed community. Each date appearing in the East column of the table is followed by a deslgnation which indicates whether the date signifies the effective date of the authorization of the sale of flood insurance In the area under the emer- gency or the regular flood insurance program. The entry reads as follows: § 1914.4 Status of participating communitics.

Effective data of authoirlzUou State County Location ofs.-oofflool Iazrn dare Stie =ap rclg:ctry LccaIlmaprcgi.-z'tcry Israco IdClitill for arwa

Florida------Palm Beach. ...-. Palm Beach, town of- ...... Juno7.1974 . .. -...... Emcrgncy. Illinois ------Cook------South Holland, village of...... do ...... Mar. 15,107 ...... Michigan._- Sanila .------Worth, township of...... do ...... mnesota - -. Aitkin ------Altkln, city of..------d- do ...... - Jan. 0. 174 ...... New York--- - Genesee -...... Pavilion, town of.------do ...... Mar. , 1974 ...--...... Oregon ------Jackson ------Medford, city oL ------...... Pernsylvania Lebanon...... -- t. Gretna, borough of...... do...... South Dakota..-... Pennington..-.... Box Elder, city of. ------do ...... Texas ------Hardin ...... - Slsboe, city of ------dodo...... Vermont ------Windsor ..-..... Norwich, town of------do......

(National Flood Insurance Act of 1968 (title XII of the Housing and Urban Dovelopment Act of 1908). effective Jan. 28, 1969 (33 FR 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-162, Dec, 24, 1969), 42 U.S.C. 4001-4127, and Secretary's delegation of authority to Federal Insurance Administrator, 34 FR 2680, Feb. 27,1969) Issued: May 31,1974. CHARLES W. WIncHINo, Acting FederalInsurance Administrator. [FR Dpc.74-13258 Fled 6-10-74;8:45 am]

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20488 RULES AND REGULATIONS

[Docket No. FT 287] PART 1914-AREAS ELIGIBLE FOR THE SALE OF INSURANCE Status of Participating Communities SectionT 1914.4 of Part 1914 of Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations Is amended by adding in alphabetical sequence a new entry to the table. In this entry, a complete chronology of effective datez appears for each listed community. Each date appearing in the East column of the table is followed by a designation which indicatez whether the date signifies the effective date of the authorization of the sale of flood insurance In the area under the emer- gency or the regular flood insurance program. The entry reads as follows: § 1914.4 Status of participating communities.

Effective date of authorization Stato County Location of sale of flood Hszard area State map repository Local map repoootory Insurance identified for area

Illinois ------Ca------Unin orporated areas. Tuna 10,1976. Emergency . Now/emoyerse -- --Bergen. ------Saddl Brook, Township of- -do..... ar. 8,1974 - l'ennsylvania------Butler ------...... Penih, township of ------do...... - -

(National Mlood Insurance Act of 1968 (title = of the Housing and Urban Development Act of 1968), effectlva Jan. 28, 1069 (33 R 17804, Nov. 28, 1968), as amended (sees. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127, and Secrotary's delegation of authority to Federal Insurance Administrator, 34 -Ft 2680, Feb. 27,1969) Issued: June 3, 1974. CHARLEs W. WIEcIZNsa, Acting FederalnsuranceAdminkstrator. [F1t Doc.74-13259 Filed 6-10-74;8:45 am]

FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 1t, 1974 20489 proposed rules

I theseThis notices section Is to of give the interested FEDERAL personsREGISTER an opportunitycontains notices to participate to the public In the ofrulemaking the prmpaed prior Lmuance to the adoption of rules of andthe finalregulations. rules. The purpose of I

DEPARTMENT OF THE INTERIOR dian Affairs schools shall be given a copy which fully comports with due process, of the school regulations governing the ao set forth herein, as soon az practicable Bureau of Indian Affairs conduct of students and shall be notifled thereafter. [25 CFR Part 35] of any amendments thereto. (c) The right to have present at the hearing the student's parent(s) or guard- STUDENT RIGHTS AND DUE PROCESS § 35.3 Rights or the individual student. Ian(s) (or their designee) and to be PROCEDURES Individual students at Bureau of In- represented by lay or legal counsel of Notice of Proposed Rulemaking dian Affairs schools have, and shall be the student's choice. Private attorney's JUNE 6, 1974. accorded, the following rights: fees are to be borne by the student. (a) The right to an education. (d) The right to produce, and have This notice is published in exercise of (b) The right to be free from unrea- produced, witnesses on the student's be- authority delegated by the Secretary of sonable search and seizure of their per- half and to confront and examine all the Interior to the Commissioner of In- son and property, to a reasonable degree witnesses. dian Affairs by 230 DM 2 (32 FR 13938). of privacy, and to a safe and secure (e) The right to a record of hearings Notice is hereby given that it is pro- environment. of displinary actions, Including writ- posed to addanewPart 35 to Subchapter (c) The right to make his or her own ten findings of fact and conclu ions in E, Chapter I, of Title 25 of the Code of decisions where applicable. all cases of disciplinary action. Federal Regulations This addition is (d) The right to freedom of religion ) The right to admintraive - proposed pursuant to the authority con- and culture. view and appeal. tained in 5 U.S.C. section 301. (e) The right to freedom of speech 1 (g) The student shall not be com- The purpose of this additionis to estab- and expression, including symbolic ex- pelled to testify against himself. lish rules and regulations regarding the pression, such as display of buttons, (h) The right to have allegations of rights and due process procedures per- posters, choice of dress, and length of misconduct and Information pertaining taining to students in Bureau of Indian hair, so long as the symbolic expression thereto expunged from the student's Affairs schools. does not unreasonably and in fact dis- school record in the event the student It is the policy of the Department of rupt the educational process or endanger is found not guilty of the charges. whenever practicable, to safety of the student or the Interior, the health and § 35.5 Application to schools under Bu- afford the public an opportunity to par- others. reau contract. ticipate in the rulemaking process. Ac- ) The right to freedom of the press, cordingly, interested persons may sub- except where material in student publi- Non-Bureau of Indian Affairs schools mit written comments, suggestions, or cations Is libelous, slanderous, or obscene. which are funded under contract with objections regarding the proposed addi- (g) The right to peaceably assembly the Bureau of Indian Affalm must also tion to Field Administrator, Indian Edu- and to petition the redress of grievances. recognize these student rights. cation Resources Center, Bureau of In- (h) The right to freedom from dis- Moams TxoxrsoNr. dian Affairs, P.O. Box 1788, Albuquerque, crimination. CommiSSioner of Indian Affais. New Mexico 87103, on or before July 11, (I) The right to due process. Lvery 1974. student is entitled to due process In every tP Doc-.74 1332- PlIed 6-10-74;8:45 am] It is proposed to add a new Part 35 instance of disciplinary action for alleged to Subchapter F or Chapter T, Title 25 violation of school regulations for which National Park Service may be subjected to penalties of the Code of Federal Regulations to the student E36 CFR Part 7] read as follows: of suspension, expulsion, or transfer. NATCHEZ TRACE PARKWAY, TENNESSEE- Se4- § 35.4 Due process. ALABAMA-MISSISSIPPL 35.1 Purpose. 35.2 Application to Bureau schools. Due process shall include: Trucks, Trailers, Buses and Towed Vehicles; 35.3 Rights of the individual student. (a) Written notice of charges within Possession of Beer and Alcoholic Bev- 35.4 Due process. a reasonable time prior to a hearing. No- erages 35.5 Ariplicatton to schools under Bureau tice of the charges shall include reference cotract. to the regulation allegedly violated, the Notice is hereby given that pursuant to the authority contained in section 3 AuTHORY: 5 U.S.C. sec. 301. facts alleged to constitute the violation, and notice of access to all statements of of the Act of August 25, 1916 (39 Stat. 35.1 Purpose. persons relating to the charge and to 535, as amended; 16 U.S.C. 3), and the The regulations in this part govern those parts of the student's school rec- Act of May 18, 1938 (52 Stat. 40T, as establishing programs of student rights ord which will be considered in rendering amended; 16 U.S.C. 469), 245 DM-1 (34 and due process procedures in Bureau of a disciplinary decision. FR 13879), as amended, National Park India Affairs schools and in schools (b) A fair and Impartial hearing prior Service Order No. 77 (38 FPR 7478), as that are operating under contract with to the imposition of disciplinary action amended, Regional Director Southeast the Bureau of Indian-Affairs. absent the actual existence of an emer- Regional Order No. 5 (37 FR 7721), it gency situation seriously and immedl- Is proposed to revise § 7.43 of Title 36 of § 35.2 Application to Bureau schools. ately endangering the health or safety of the Code of Federal Regulations as set All Bureau of Indian Affairs schools the student or others. In an emergency forth below. shall be governed by the regulations set situation the oflcial may impose dli- The purpose of the revision and addl- a temporary forth in this part and said regulations plinary action not to exceed tions is to clarify the use of the Natchez shall be expressly included as a part of suspension. but shall immediately there- the local school regulations of each after report in writing the facts (not Trace Parkway motor road by trucks, Bureau of Indian Affairs school Upon conclusions) giving rise to the emergency trailers, buses and towed vehicles, and admission, all students of Bureau of In- and shall afford the student a hearing to establish restrictions on the posses-

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE11, 1974 No. 113-Pt. I---4 20490 PROPOSED RULES sion of beer and alcoholic beverages on if the drawbar fails and shall be of suM- posed guidelines In final form, ASCS the parkway. cient strength to control the trailer in will consider comments and suggestions It is the policy of the Department of event of failure of the regular trailer received in writing by July 10, 1974. the Interior, whenever practicable, to hitch or coupling. Comments should be sent to the Admin- afford the public an opportunity to (v) Only one trailer of any type may be istrator, ASCS, Washington, D.C. 20250. participate in the rulemaking process. towed by any one vehicle along the park- Accordingly, Interested persons may way. The towing vehicle and trailer must Issued in Washington, D.C., on May 31, submit written comments, suggestions, not exceed 55 feet in length. 1974. or objections regarding the proposed re- (6) Bfaes. Commercial passenger KENNETH E. PXeK, vision and additions to the Superintend- carrying buses, when used for touring Administrator,Agricultural Sta- ent, Natchez Trace Parkway, Rural purposes, may travel the Natchez Trace bilization and Conservation Route 1, NT-143, Tupelo,* Mississippi Parkway by obtaining special written Service. 38801, on or before July 11,1974. permission in advance from the Super- see. Paragraph (c) (1) and (4) of § 1.43 intendent or his representative. School 799.1 Purpose and authority. is revised, and paragraphs (c)_(5), (6), buses may travel on the parkway with- 799.2 Policy. (7), and (d) are added, to read as 799.3 Implementing in ASCS. follows: out such written permission when trans- 799.4 Identifying major actions signill- porting people for special recreational cantly affecting'tho environment. § 7.43 Natchez Trace Parkway. or educational purposes. 799.5 Preparation of environmental state. (7) Towed vehicles other than tratl- ments. ers. Such vehicles must be towed with 799.6 Consultation, review and public in. (c) Vehicles-(1) Trucks. Trucks over a rigid tow bar which does not require a volvement. one ton rated capacity axe not permitted driver for the towed vehicle. Tow bar 799.7 Lead agency. on the parkway. Trucks, not exceeding 799.8 nevIew of EIS prepared by anothor must be equipped with safety chains that agency. one ton rated capacity, are permitted to are so connected to the towed and tow- travel on the Natchez Trace Parkway 799.9 OEQ requests. ing vehicles and to the tow bar that, If Appendix 1-Cover page format. when used solely for transportation of the tow bar fails, it will not drop to the Appendix 2-Summary sheot format. persons, their baggage, camping equip- ground and the chains shall be of suf- Appendix 3-Outline of environmental state- ment and related articles for recrea- ficient strength to prevent breakaway of ment content. tional purposes only. Trucks used for the the towed vehicle in the event of such Appendix 4--Circulation of environmental purpose of hauling non-recreational ma- tow bar failure. The towed vehicle must statements. terials are not permitted. be equipped with brakelights, tall lights, AuT'onrry: Pub. L. 91-190, 83 Stat. 852 • • • • auu signal ngns m accordance with ap- (42 U.S.C. 4321); 1..O. 11514, 36 Pr 4247; 30 (c) Vehicles-(4) Recreational ve- plicable State regulations. The towing Fn 20550, hicles. Recreational vehicles, including vehicle and towed vehicle must not ex- § 799.1 Purpose and Authority. but not limited to self-propelled mobile ceed 55 feet in length. homes, campers, housetrailers, and ye- (d) Beer and alcoholic beverages. (1) (a) Section 102(2) (C) of the National hicles up to 11 ton rated capacity, when The possession of beer or any alcoholic Environmental Policy Act (Pub. L. 01- such recreational vehicles are used solely beverage in an open or unsealed con- 190) requires the submission of an en- to carry persons for recreational pur- tainer, is prohibited except in designated vironmental statement with "every rec- poses together with their baggage, camp- picnic, lodging, residence, and camping ommendation or report on proposals for Ing equipment, and related articles for areas, In accordance with applicable legislation and other major Federal vacation or recreational purposes, are State and local regulations. actions significantly affecting the quality permitted on the parkway. (2) The possession of beer or any al- of the human environment". The act and •(5) Trailers. Trailers are permitted coholic beverage in an open or unsealed Executive Order 11514 mandate that Fed- when used non-commercially to trans- contained In any motor vehicle Is pro- eral agencies, to the fullest extent posi6- port baggage, camping equipment, horses hibited in accordance with applicable ble, direct their -policies, plans and pro- for recreational riding, small boats and State or local laws. grams to protect and enhance environ- mental quality. Agencies are required other similar items used for vapation or BRUCE W. BLACK, to recreational purposes, provided they meet Acting Superintendent, view their actions in a manner calculated the following criteria: Natchez Trace Parkway. to encourage productive and enjoyable (I) Utility type trailers must be en- [FR Doc.74-13301 Filed 6-10-74;8:45 am] harmony between man and his environ- closed or covered and are not to exceed ment, to promote efforts preventing or 5 feet by 8 feet. eliminating damage to the environment (i) Trailers must be equipped with DEPARTMENT OF AGRICULTURE and biosphere and stimulating the health red taillights, red stoplights and me- Agricultural Stabilization and Conservation and welfare of man, and to enrich the chanical turn signals. Clearance lights Service understanding of the ecological systems are required on trailers over 6 feet high. 7 CFR Part 799 and natural resources important to the (ill) Trailers carrying over one ton Nation. must be properly equipped with brakes, PREPARATION OF ENVIRONMENTAL (b) The Council on Environmental adequate to control the movement STATEMENTS Quality (CEQ) Issued Guidelines for thereof and to stop and to hold such Proposed Guidelines Preparation of Environmental Impact vehicle, and designed so as to be applied Pursuant Statements in the FEDEnAL REGISTER on to the guidelines of the Coun- August by the driver of the towing motor vehi- cil on Environmental Quality (CEQ), as 1, 1973. Proposed USDA guide- lines for filing environmental statements cle from: its cab; said brakes shall be published in the FEDERAL REGISTER on so designed and connected that in case August 1, 1973 (38 FR 20549), (EIS) were published In the VEDIrHAL appearing REGISTER on of an accidental breakaway of the towed as 40 CFR Part 1500, and the proposed November 19, 1973 (38 FR vehicle the brakes shall be automatically USDA guidelines published 31935). These guidelines provide for the in the Fi- implementation applied. ERAL REGISTER on November 19, 1973 (38 of section 102(2) (C) of (iv) All trailers shall be coupled to the FR 31935), the the National Environmental Policy Act Agricultural Stabilization (NEPA) In administering towing vehicle by means of a safety chain and Conservation Service herewith pub- programs of or equivalent device in addition to the Agricultural Stabilization and Con- the lishes its proposed guidelines for the servation Service. regular trailer hitch or coupling. No preparation of environmental statements more slack shall be left in safety chains required by section 102(2) (C) of the Na- § 799.2 Policy. than shall be necessary to permit proper tional Environmental Policy Act of 1969 (a) ASCS turning and the safety mission, The mission of the chains shall be dated January 1, 1970, Pub. L. 91-190. Agricultural Stabilization and Conserva- so connected to the towed and towing These proposed guidelines were devel- ition Service vehicles and is to provide services both to the drawbar to prevent oped in consultation with CEQ. to the farmers and consumers through the drawbar from dropping to the ground Before taking action to issue the pro- the administration of domestic agrloul-

FEDERAV REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 PROPOSED RULES 20491

tural programs as provided by law. These mental quality to the fullest extent prac- cases where the proposed environmental programs are designed to: ticable. Alternative actions that will impact of which Is likely to be highly (I) Encourage a level of agricultural avoid or minimize adverse Impacts should controversial a statement shall be pre- production which will assure ample sup- be explored. The long- and short-range pared. Broad public reaction will gen- plies of food and fiber for American Implications of the proposed actions to erally be necessary for deeming that a consumers and for an adequate response man, his physical and, social surround- controversy exists. to improved export sales opportunities; ings and to nature should be evaluated. (b) ASCS actions covered or excluded: (2) Provide farmers with production (2) Assessments of the environmental (1) Actions which normally require an freedom so that they may use their re- impacts of the proposed action should be EIS. Environmental statements will be sources in the way they feel will earn undertaken as early as possible and prepared on all national commodity pro- them the most income from the market- should be considered along with the eco- grams for which a set-aside or diverted place; nomic, technical and other related studles acreage program Is in effect and all con- (3) Protect farmj income--through, of the proposed action or program pro- servation programs. The programs in guaranteed prices with deficiency pay- visions. A draft EIS should be prepared this category include: ments which would be triggered by on administrative actions where provided (1) Wheat, feed grains, cotton or any depressed market prices, through com- for in these guidelines and accompany other commodity program for which a modity loans to producers to help assure the proposal through the agency review set-aside or diverted acreage program is orderly crop marketing, and through process. The draft statement Is to be in effect. payments to eligible farmers compensat- submitted to CEQ and circulated for (ii) Rural Environmental Conserva- Ing for crop production losses suffered comments as outlined I= § 799.5(e). tion Measures Program due to natural disasters; and (i) Emergency ConservationProgram (4) Assist farmers in their Iong-term § 799-3 Implementing in ASCS. (iv) Water ink: Program role as conservationists in protecting (a) Responsible oBicia. The adminis- (v) Other conservation type programs 'basic natural resources and improving trator of ASCS, or his designee, Is the (2) Actions normally excluded from the quality of the environment. responsible Federal oMcia for carrying the prepaarion.of an EIS. The following out the purpose of NEPA for all ASCS or simila types of actions will not, gen- In carrying out this mission under the programs. County committees, State authority of the Agriculture and Con- erally be considered as major federal committees, and directors of Washington actions significantly affecting the human sumer Protection- Act of 1973, which divisions, within their respective areas continues the market-oriented approach environment and are excluded from the to farm programs established by the of responsibility, through the ASCS EIS process and negative detennination. Agricultural Act of-1970, ASCS has the member of the 'USDA Environmental (1) Individual farm participation in added responsibility of helping farmers Quality Executive Committee (EQEC), ASCS programs. gain a better understanding of modem shall assist the Administrator In assess- (IW)Conservation land treatment marketing methods to enable them to ing compliance with the policies and projects. utilize the marketplace as a source of purposes of KEPA generally, and, in par- (1) Installation of water conserva- income. ticular, in determining whether the qual- tionmeasures. (b) General. ASCS administers var- ity of the human environment will be dv) Installation of erosion control and ious commodity and related land use significantly affected in Implementing land stabization measures. programs through State, county, and agency programs and whether an en- (v) Rehabilitation of farmlands as a vironmental statement is or Is not result of a natural disaster or other work community committees established in needed. accordance with provisions of section of Improvement which Is covered by a ,Soil (b) Offices responsibte for Preparing program statement such as the Emer- 8(b) of the Conservation and environmental statements-(l) Wash- gency Conservation Measures Program. Domestic Allotment Act of 1935, as ington amended. The programs are based upon divisions. Legislative proposals (3) Other major ASCS actions which specific legislative authorities; provisions and favorable legislative reports, and may require an EIS. Major actions (pro- multi State and national programs or grams or projects) which do not fall for national programs within these au- major thorities are developed by the Washing- revisions of national programs. under the criteria established by para- ton staffs on specified program divisions (2) State committc. Major actions graph (b) (1) or (2) of this section will under the supervision of the agency Ad- on a State or area basis within a State. require a decision by the responsible Fed- ministrator. A number of the programs (3) County committee. Major actions eral official whether to prepare an EIS administered by ASCS provide direct within a county. The environmental based on Individual considerations. The and/or indirect financial assistance to statement will be forwarded through the decision made Is to be based on an appro- individual landowners and operators. In appropriate agency channels to the priate environmental assessment of en- ASCS member of EQEC fbr review and vironmental factor and significant ef- some instances, the assistance may be to submission to the Administrator. a combination of such producers or an fects. Including beneffcia and adverse organization composed of landowners § 799.4 Identifying 'ajor actions sig- effects. Significant adverse effects may be and operators. The environmental as- nificantly affecting the environment. thoze which degrade the environment, curtail the use of the environment, or sessment and EIS process shall be carried (a) (1) The identification of major -erve only short-term needs. Assessment out in harmony with the intent of the actions significantly affecting the quality various programs and of those to whom is to cover secondary effects such as of the environment is to be carried out socloeconomc impacts as well as direct assistance is to be provided to the extent against the background of ASCS' own effects. feasible. program responsibility. (c) Assessing environmental quality (I) Identifying major actions which (2) In considering what constitutes a may or may not significantly affect the and impacts of proposed actions. (I)In major action significantly affecting the accordance with national policy and di- environment. At least the following en- environment, the responsible official vironmental factors are to be assessed rectives, and as early as possible and in should bear in mind that the effect of all cases prior to the agency decision con- by the committee as appropriate to de- many Federal decisions about a project termine whether an EIS Is needed: cerning -recommendations for or favor- or complex of projects can be Individ- able reports on proposals for legislation ually limited but cumuintively conaider- Upland wildlife habltat. and other major actions (administrative BEotom land wildlife habitat. able. This can occur when ASCS. over Wildlifo migratfon, routes. actions) significantly affecting the qual- a period of years, puts Into a project or Bottom land hardwoods. ity of the human environment, ASCS will program individually minor but collec- Stream fishezeri Including potential not pres- .in consultation with other appropriate tively major resources. In all such cozes, ently productive. Federal, State and local agencies and an EIS should be prepared If It Is rea- Wetlands. the public, assess in detail the potential Endangered animas and plant. environmental impact in order to avoid sonable to anticipate a cumulatively sig- Natural stream& or minimizeadverse effects wherever pos- niflcant impact on the environment from an-altered streams. sible and to restore or enhance environ- such an ASCS project or program. In all Archeoloical and historical recources.

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20492 PROPOSED RULES Water quantity. and the final BIS will Air quality. be carefully evalu- logical factors which change as a result Appearance of the landscape. ated and considered In the decisionmak- of direct or indirect effects of the pro- ing process. posed program or project. Examples of (ii) The degree of public Interest, po- (2) Applicants or consultants on cer- areas of environmental impact axe: ir tential controversy, urban or rural set- tain type projects may be requested to quality, weather modification, water ting, and economic and social Impacts furnish analyses and information in con- quality, fish and wildlife, noise, radia- should also be assessed. Factors are to nection with the project. This material tion, hazardous substances, energy sup- be quantified and qualified to the extent may be used in the preparation of the ply, land use, soil, plants, outdoor practicable as to the total amount In the HIS. recreation, historic, architectural and area, the amount affected by the pro- (3) A systematic, interdisciplinary ap- archeological preservation, Impacts on posed actions, and the percent of the proach integrating the natural, eco- law-income populations, and employ- total resources In the area which will be nomic, social science, and environmental ment. Refer to CEQ Guidelines, Appen- affected. No single or multiple effect of design arts should be used in the prepa- dix 31. factors can give the absolute answer. The ration of an BIS. Alternativeactions that (ii) Both primary and secondary con- data, once assembled will provide an in- will reduce adverse impacts or enhance sequences should be considered In the dication of the probable impact and aid positive effects will be thoroughly ex- analysis. The Implications, in making if any, of the a judgment as to whether an plored. Long- and short-range implica- proposed program or project on popula- HIS is needed. tions to man, to his physical and social tion distribution or concentration should (4) Negative determination.On major surroundings and to nature will be ex- be objectively estimated ASCS and an assess- actions where an assessment indi- amined. ment made of the probable effects of cates no significant Impact on the en- (4) The HIS's will be documents com- such changes In vironment population patterns and no major controversy, the plete enough to stand on their own, yet upon the resource bases, including land decision office should document the basis they should be succinct and understand- Use and public service for the negative of the area in determination. This may able as possible. Highly technical and question as well as economic Impacts on Include the State or county committee specialized analyses and data should, If employment, minutes unemployment, changes In where that level is the decision needed, be appended to the body of the local culture, social and other economic office. Information assembled in assessing statement: Attention should be given to factors. the environmental Impacts should be re- the substance of the information con- (iMi) The distinction between primary tained In appropriate files. A list of ac- veyed rather than to the particular form, and secondary tions on which Impacts Is Important for EIS's will not be pre- length or detail of the BIS. insuring consideration of all alterna- pared will be maintained and available (c) Content of environmental state- tives. One way for public to describe the distinc- inspection. ments. The following points must be ad- tion is that project inputs generally (5) Statement on continuing pro- dressed in the BIS: (See Appendix 3 for grams. cause primary Impacts and projects out- Where a final BIS has been Issued outline.) ° puts generally cause on a program, a new secondary impacts. HIS will not be re- (1) Description. The proposed action Primary Impacts are generally easier quired in the next program year unless or alternative should be clearly described to analyze and measure, significant changes are made while secondary in the oper- by including enough information and impacts may require analyses by a num- ations of the program. If significant technical data to give readers a clear un- ber of agencies changes are made, because they generally a new draft statement derstanding of the nature of the proposed are not within any single agency area shall be prepared and circulated as pro- action or program. Where relevant, maps, of responsibility vided or expertise. Secondary in § 799.5. photographs, and other materials may impact may, in fact, be more Important Significant changes in operations may in- be used. Give the relevant background or more damaging than primary Impacts. clude, but is not limited to, important information on the project or program (iv) Summarize any environmental changes in the conduct of the program, including its purpose, the origin of the effects which are considered as favor- scope of the program is significantly ex- proposal, the social, economic or environ- able. This listing should contain only panded, the program may be changed as mental objective. The description should sufficient detail to identify the Items. a result of controversial Impacts on the include, as appropriate, population and (v) Discuss any planned measures to environment, etc. The CEQ should be growth assumption used to justify the minimize and mitigate any probable ad- advised of the decision that a new BIS is project or program or to determine see- verse environmental Impacts of the pro- not required. ondary population and growth ifmpacts posed action. resulting from the proposed action and (3) Summary of probable adverse 799.5 Preparation of environmental its alternatives. The sources of data used statement. environmental effects which cannot be should be identified (i.e., OBERS projec- avoided. Identify and discuss the nature (a) Types of statements. An BIS is tion). The relationship of the proposal and extent of probable adverse effects prepared in two stages. A draft BIS is to land use plans, policies and controls and explain why they cannot be avoided, the first formal statement for filing with- for the affected area must be described. Such adverse effects may Include water, CEQ and for review and comment by Where conflicts exist, the proposed reso- air, sound, or visual pollution; unde- Federal and State agencies and the pub- lution of these conflicts or-the reasons sirable land use patterns; damage to life lic as outlined in Appendix 4. A final BIS why they can't be resolved must be thor- systems; threats to health; or other reflects the results of the draft review oughly addressed. If appropriate, de- urban congestion consequences adverse process. It is also filed with CEQ and scribe the present environment, loca- to the environmental goals set out In each Federal and State agency, organi- tion, size, landownership, and status, section 101 (b) of NEPA. zation, group or individual who furnished physiography, ecosystems, climate, and (4) Relationship between local short- substantive comments on the draft BIS other special features. The Interrelation- term uses of man's environment and the or who requests a copy. ships of this proposed action with other maintenance and enhancement of long- (b) EIS development. (1) The draft projects and possible cumulative effects term productivity. This in essence re- BIB is to be prepared early in the de- shall be presented. quires the agency to assess the action cisionmaking process in conjunction with (2) Environmental impacts. This re- for cumulative and long-term effects other technical and economic studies. It quires an analysis of both the anticipated from the perspective that each genera- should be circulated for public review be- favorable and adverse impacts of the tion is trustee of the environment for fore the significant program or project proposed action as it affects both the na- succeeding generations. Discuss the provisions are announced. ex- The draft BIS tional and international environment. tent of trade-offs between must fulfill and satisfy to the fullest ex- The environment In this case includes short- and tent possible, at the time the draft is both the natural environment and the long-term impacts. prepared, the requirements established social and economic environment. Dis- (5) Irreversible and irretrievable for the final BIS by Section 102(2) (C) cuss both primary and secondary effects. commitment of resources. This requires of NEPA. Comments received during pre- (I) Identify, analyze, and discuss the the agency to Identify the extent to liminary consultations on the draft BIS full range- of social, physical, and blo- which the action curtails the range of

FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 PROPOSED RULES 20493 potential beneficial uses of the environ- Statements issued by this agency will be of Environmental Quality Activities in ment. forwarded to CEQ by the Administrator consultipg with the CEQ about alterna- (6) Alternatives to the proposed ac- or his designee, where required under the tive arrangements. tion. The intent of this section Is to USDA Guidelines, through the USDA (d) Public Information and involve- assure that the responsible officer has Coordinator of Environmental Quality ment. (1) The agency will use appro- identified the objective(s) and formu- Activities. Preparing offices will submit priate procedures to Insure the fullest lated the alternaives to achieve the the prepared EIS to the ASCS member of practicable provision of timely public in- objectives based upon a rigorous ex- EQEC for review, assigning report num- formation, understanding and involve- ploration and objective evaluation. The ber, and preparation of transmittal ment in plansand programs with envi- range of alternative means to reach the memorandum before submis.don to the ronmental impact in order to obtain objectives of the proposed action in- Administrator for approval. views and information on alternative cluding alterlatives as to location, de- (2) Five (5) copies of the draft EIS courses of action as required in Execu- sign, scale, sequence, and timing. All and five (5) copies of the final EIS will tive Order No. 11514 of March 5,1970. reasonable alternatives and their en- be supplied to CEQ. The EIS's will be cir- (2) It is an objective of the USDA to vironmental impacts should be discussed. culated for review and comment as re- involve the public in developing its The alternatives should be described, quired by the CEQ Guidelines, as sum- policies and in formulating and imple- and the analysis presented, including marized In Appendix 4. menting Its programs. To assist in ac- costs and impacts on the environment. (3) EIS prepared on legislation is to complishing these objectives, the agency The viable alternatives should not be accompany the legislative proposal or re- may utilize timely and effective proce- foreclosed prematurely in the agency port. The proposal or report should make dures such as direct verbal contact, review and decision process. Creativity reference to the EIS. The Office of public meetings, printed materials, news is required In recognizing and develop- Budget and Finance will forward the media, public notices, and hearings, as ng alternatives. Examples of categories copies to CEQ. Following ciearance of the appropriate. of alternatives that must be-considered legislative proposal or report by OMB, (3) When hearings are held relating in connection -with specific actions are the EIS will be made available to the to environmental concerns, draft envi- as follows: Congress and the public. ronmental statements should be avail- (i) The alternative of taking no ac- § 799.6 Consultation, review and public able at least fifteen (15) days In advance tion. involvement. of the meeting. In determining whether (i) Alternatives requiring actions of a a recorded public hearing is needed the significantly different nature which (a) Consultation. (1) Prior to the de- officials responsible for the program or would provide similar benefits with dif- velopment of draft environmental state- activity should consider U) the magni- ferent environmental Impacts. ments, preparing office shall consult with tude of the proposal In terms of potential (iII) Alternatives related to different interested parties, including appropriate environmental impact, (ii) the degree of designs or details of the proposed pro- Federal, State and local agencies. Com- controversy or opposing views, (1i) com- gram or project which would present ments and views of such interested par- plexity of Issues and (iv) the degree of different environmental impacts. In each ties may be considered in developing the public review of the proposal already case, the analysis of alternatives should draft environmental statement. Ap- achieved. be sufficiently detailed and rigorous and pendLx IL CEQ Guidelines should be con- (e) List of statements. The ASCS permit ndepeffdent and comparative sulted for possible agencies which should member of EQEC will maintain a list evaluation of the benefits, costs, and en- be consulted. of the environmental statements under vironmental risks of the proposed action (2) In addition, the NEPA process is preparation by this agency. The list will and each alternative. to the extent possible, to meet the con- be furnished to CEQ on a quarterly basis (7) Other Federalpolicies and consid- - suiting and coordinating requirements of as required in the CEQ Guidelines and erations. There should be Included an the Fish and Wildlife Coordination Act will be available for public inspection. indication of what other Interests and or the wildlife requirement of the Water- A listing of those major actions for which consideration of Federal policy are shed Protection and Flood Prevention it has been decided an EIS Is not re- thought to offset the adverse environ- Act, National Historic Preservation Act, quired will be maintained. mental effects. and section 4-f of the Department of (f) Availability of EIS's. Draft and (8) Consultation with- appropriate. Transportation Act, 49 U.S.C. 1653(f). final EIS's will be made available to the Federal agencies and review by States (b) Circulation for review and com- public as required In the CEQ guidelines and the public. (1) In the draft environ- ment, Federal, State and local agencies as summarized in Appendix 4. A notice mental statement, list the agencies, and time limit. (1) The draft EIS shall will be placed in the FrzDzxAL Rxcts= groups, and individuals consulted In the be circulated for review and comment by to advise the public of the proposed pro- preliminary consultation phases. Also, Federal, State and local agencies having gram or activity, the availability of the list the agencies and groups to whom the Jurisdiction by law or special expertise draft or final EIS and where a copy may draft environmental statement will be with respect to environmental impacts and shall be made available for com- be obtained. This action will be coordi- sent. nated by the ASCS member of EQEC. (i) In the final environmental state- ment by the public. ment, this section will include a discus- (2) A time limit of not less than Alxty § 799.7 Lead agency. sion of comments on the draft environ- (60) days from the date of transmittal to In certain instances, several USDA mental statement. Comments received CEQ will be observed to receive com- agencies may have program responsibfli- from Federal. State and local agencies, ments by reviewers. To the maximum ties relative to a major Federal action leading national organizations and sub- extent practicable no administrative ac- with significant environmental 'impact. stantive comments received from individ- tion is to be taken for 30 days after If ASCS is designated as the lead agency, uals which influence decisionmaking are the final statement has been furnished the ASCS Member of EQEC will coordi- to be attached. to CEQ and made available to all who nate the input of all concerned agencies (d) Cover page and summary sheet commented on the draft statement or in development of the EIS. In actions in- for environmental statements. The EIS who requests a copy. The EIM's will be volving several departments the role of will include a cover page and a summary circulated for review and comment as ASCS will be determined in consultation sheet constructed as shown in Appendix outlined in Appendix 4. with the USDA Office of the Coordinator 1 and 2. (c) Epedited procedures. Where emer- of Environmental Activities and the gency circumstances make It necessary (e) Distribution of environmental to take action with significant environ- CEQ. statements. (1) The EIS Is to be for- § 799.8 Review of EIS prepared by an warded to the CEQ and then made avail- mental impact without observing the able to other Federal agencies, State provisions of paragraphs (a) and (b) other agency. Clearinghouses, known Interested or- of this section, the agency will work A CS will review and comment on ganizations or groups, and the public. through the Office of the Coordinator EIS's initiated by other agencies as re-

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20491 PROPOSED RULES quested by the Office of the Coordinator. Executive Order 11514, ASCS will give Arsz=w 4 This review and development of com- careful consideration to requests by CEQ CIRCULATION Or ENVONvM MTAL STATrTIENT0 ments will be coordinated by the ASCS for reports, and other Information and After sign-ofg by the responsible AiCS of- Member of EQEC. actions dealing with Issues arising In con- ficial, and where required, the USDA Co- § 799.9 CEQ requests. nection with the implementation. of ordinator of Environmental Quality Activi- ties, the. draft and final EIS's will be for- In order to assist the CEQ In-fulfilling NEPA. This Involvement will be coordi- warded for review and comment, as follows: member of EQEC. its responsibilities under NEPA and. nated by the ASCS Draft environmcntalstatements copies APPXNDrx 1 Federal and State agencies, interested COVER PAGE FR'OMAT organizations. public: Council on Environmental 6. The cover page. should not Include the description title shown on. the left margin, but Quality. only that Information within the box, which Is given as an example: Environmental Protection 5. Agency.' Department of the Interior.. 5. DRAFT (or Final) Environmental Statement Department of Commere.. 5. Titlel - ' ...... -...... -- -. RURAL ENVIROMIMETAL CONSERVATION PRO- Department of Xealth, Edu- 0. cation, and Welfare. Report Number __USDA-ASCS-ES (Adm.) 74-l-D Other Federal agencies hay- I each, ng special expertics or jur- Responsible Oceletc .l.. . Kenneth E. Frick, Administrator Agricultural Stabilization and Conservation Serv- isdiction by law on areas of environmental Impact. ice State clearinghouses (0M Performing Organization._..... Agricultural Stabilization and Conservation Serv- Circular A-95, attachment ice D} (for national programs State and County Oraces having national scope Date Prepared ...... January 1974 circulate to all States, other- Sponsoring Agency_.. ----- Prepared by wise only to Statea where Name andAddrezs _...... -_ U.S. Department of Agriculture the program or project IlS Agricultural Stabilization and Conservation Serv- s applicable). Ice Organizations, groups, indl- I each. Washington, D.CF 20205 vidusar with expertise or known- irecdal Interest In :the program or project and its ennironmntal Impacts. aLame of program or project on whicb.EIS Is prepared. Publio upon request ------1. a Indicates the following: USDA-ASCS-Envronmental Statement, Adminisrative typw statement (Leg. for legislative statement),, program year 197T sequential number I within Final environmentalstatement that year, draft or 'F!' for final statement. The sequential number will be assigned by tha To the Federal and State ageneted, organi- Washington office. zations and groups listed above for the draIt 8 Name and title of responsible official- statement and to any other public body, AFor State or county statement show appropriate title. private organization or Individual who made 5 Address of responsible officiaL substantive. comments on the draft state- ment. Statements on legislation APPF=D 2 APPEznxr 3 M of the related FOuRMAT--aUMMrAZZ Smsa O=7=E OF ETVIOaE M7&n ST&nEMsI Following clearance by 0 CONTr" legislative proposal or report, the MS will be USDA Environmental Statement circulated as provided above and made avall- USDA (ASCS) Environmental Statement able to the Congress. (Statement Title) (Statement Title) [FR Doc.74-13139 Filed 6-10-74;0:45 am] Prepared In Accordance with Section 102(2) (C) of Public Law 91-190 Type of Statement: Draft ( ) DEPARTMENT OF LABOR suz=Tha sE=s Final( ) () Draft ( )Final Type of Action: Occupational Safety and Health I. Agricultural Stabilization and Conser- Administrative ( Administration vation Service (ASCS) (Name, address and Legislative ( ) telephone number of individual who can be 1. Description:' [22 CFR Part 1910 ] contacted for additional information about IL Environmental Impacts:1 STANDARD FOR OCCUPATIONAL EXPO- the proposed action or the statement.) * IML Summary of Probable Adverse En- III. ( ) Administrative ( ) Legislative SURE TO INORGANIC ARSENIC IV. Brief description of action: (This vlronmental Effects Which Cannot be Advance Notice of Proposed Rulemaking Avoided:' should indicate what States (and counties), The National Institute for Occupa- are particularly affected and other Federal IV. Relationship Between Local Short- actions in the area, If any, are discussed' In tional Safety and Health (NIOSH), U.S Term Uses of Man's Environment and the Department of Health, Education, and the statement.) Maintenance and Enhancement of Long- V. Summary of EnvironmentatlImpacts.' Welfare has submitted to the Secretary VI. Summary of Alternativew Considered: Term Productivity:' of Labor, pursuant to the Williams- VII. Comments: V. Any Irreversible and Irretrievable Com- Steiger Occupational Safety and Health For draft statements, list allFederal. State, mitments of Rezources:' Act of 1970, criteria for a recommended and local agencies and other sources from VI. Alternatives to the Proposed Action:z standard on the occupational e pozuro to which comments have been requested. VII. Other Interests and Consideration of For final statements, list al Federal, State, inorganic arsenic. The Office of Stand- and local agencies and other sources from Federal Policy Thought to Offset the Ad- ards Development, Occupational Safety which written comments have been received. verse Enironmental Effects of the Proposed and Health Administration, U.S. Depart- VIIL Date Statement Made Available to Action:' CEQ and the Public: VIII. Consultation with Appropriate Fed- ,Draft environmental statements muot be Draft statement on ------eral Agencies and Review by Statez and the submitted to the Environmental Protection Final statement on ------Publia' Agency (EPA) for review and comment in accordance with section 309 of the Clean Air ILeave date blank for completion when de- Act, as amended. For regional, Stato and livered to CEZQ Enter final statement only ,See Section 799.5(c), for discussion of county actions, the EIS will be cent to the when appropriate. the content of each section of the statement. appropriate Regional Administrator.

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY,. JUNE 11, 1974 PROPOSED RULES 20495 ment of Labor is studying the criteria US. Department of Labor U.S. Department of Labor and would appreciate public participa- Occupational Safety and Health Admnin- Occupational Safety and Health Administra- tration tion tion on the issues of whether a new 15220 Gateway Ocentr Room 802, Jonnrt Building standard for inorganic arsenic should be 3535 Market Street 4099 William Penn Highway issued on the basis of the criteria or any Philadelphia, Pennsylvania 19104 Monroeville, Pennsylvania 15146 other information, and, if so, what should U.S. Department of Labor US. Department of Labor be the contents of a proposed standard Occupational Safety and Health Adminis- Occupational Safety and Health Adminlatra- for inorganic arsenic. The issues are set tratlon tfon forth with greater particularity below. 1375 Peachtree Street I.E. Federal Building-Room 425 Accordingly, interest persons are n- Suite 587 55 Pleaant Street vited to submit written data, views, and Atlanta, Georgia 30309 Concord. N ew Hampshlre 03301 arguments concerning a standard on oc- US. Department of Labor US. Department of Labor Occupational Safety and Health Adminis- Occupational Safety and Health Administra- cupational exposure to inorganic arsenic. tionL Comments are specifically requested con- tration 300 South Wacker Drive-Room 1201 US. Post OMce and Courthouse Building cerning: Chicago, Illinois 6o0o0 43 DwJght Street (1) Whether a new standard on occu- Room 504 pational exposure to inorganic arsenic US. Department of Labor Springfield, Massachuaetts 01103 Occupational Safety and Health Adminig- should be issued; tratIon US. Department of Labor (2) Each section of the standard rec- Occupational Safety and Health Adminl-tra- 7th Floor-Texaco Building VoIn ommended by NIOSH; 1512 Commerce Street (3) Suitable alternatives to the recom- Federal OMce Building Dallas, Texas 75201 970 Broad Street-Room 14350 mendations of NIOSH; US. Department of Labor (4) Work injury and illness experi- Newark, New Jersey 07102 Occupational Safety and Health Adminls- US. Department of Labor ence with inorganic arsenic; tration Occupational'Safety and Health Administra- (5) Supported cost data of the esti- 823 Walnut Street tion mated costs of coming into compliance Wallower Buildng-Room 300 Condominium San Alberto Bldg. with the standard recommended by Kansas City, Missouri 64106 C05 Condado Avenue-Room 328 NIOSH; US. Department of Labor Santurce, Puerto Rico 00907 (6) Supported data on any possible Occupational Safety and Health Admlnias- US. Department of Labor environmental impact of the recom- tration Occupational Safety and Health Administra- mended standard, and specifically (a) Federal Bulding-Room 15010 tion 1961 Stout Street William J. Green. Jr. Federal Building any adverse environmental effects which Denver, Colorado 80202 cannot be avoided should the standard C00 Arch Street U.S. Department of Labor Philadelphia, Pennsylvan a 19106 be adopted, (b) alternatives to such Occupational Safety and Health Admlnis- standard, (c) the relationship between US. Department of Labor tration OccupatlonalSafety and Health AdminLitra- local short-term uses of man's environ- 9470 Federal Building tion ment and the mhaintenance and en- 450 Golden Gate Avenue Charleston National Plaza-Suite 1726 hancement of long-term productivity, P.O. Box 36017 700 Virginia Street and (d) any irreversible commitments San Franclsco, Californla 904102 Charleaton, WestVirginla 25301 of resources which would be involved if US. Department of Labor US. Department of Labor the standard should be implemented; Occupational Safety and Health Adminis- Occupational Safety and Health Administra- tration tion and 506 Second Avenue (7) Any other related issues. Federal Building. Room 8081 1808 Smith Tower Building 400 N. 8th Street, P.O. Box 10185 Communications should be submitted Seattle, Washington 98104 Richmond, Virgnia 23240 to the Docket Officer, Occupational A-a Omcxs U.S. Department of Labor Safety and Health Administration, U.S. US. Department of Labor Occupational Safety and Health Adminitra- Department of Labor, Room 220, 1726 Occupational Safety and Health Administra- tlon M Street, NW., Washington, D.C. 20210, tion 1371 Peachtree Street. N.E, Room 723 before August 12, 1974. The communica- Custom House Building Atlanta, Georgia 30309 tions will be available for public inspec- State Street U.S. Department of Labor tion and copying at the above location. Boston, Lasachusetts 02109 Occupational Safety and Health Administra- The NIOSH document containing the US. Department of Labor ton criteria and the recommended standard Occupational Safety and Health Adminit ra- Room 204-Bridge Building tion 3200 E. Oaland Park Boulevard on occupational exposure to inorganic Federal Building-Room 617 Fort Lauderdale, Florida 33308 arsenic wll be available for inspection 450 An Street U.S. Department of Labor and copying, upon request, at any of the Hartford. Connecticut 00103 Occupational Safety and Health Administra- following addresses: US. Department of Labor tion NAz-ONAL OFrZrc Occupational Safety and Health Adminbstra- 28093 Art MuseumDrive-Suite 4 tion Art Museum Plaza US. Department of Labor 90 Church Street-Room 1405 Jacksonville, Florida 32207 Occupational Safety and Health Adminis- ,NewYork. New York 10007 tration US. Department of Labor Technical Data Center US. Department of Labor Occupational Safety and Health AdminLstra- Occupational Safety and Health Administra- Room 250 tlon 1726 MLStreet, N.W. tion Washington, D.C. 20210 Room 203--idtown Plaza Suite 54-E 600 Federal Place 700 East Water Street Loulsville, Xentucky 40202 REGIONAL O5CE Syracuse, New York 13210 US. Department of Labor US. Department of Labor US. Department of Labor Occupational Safety and Health Administra- Occupational Safety and Health Adminis- Occupational Safety and Health Admini tra- tion tration tion Commerce Building-Room 600 Fifth Floor 370 Old Country Road Garden City, Long Island, New York 11630 118 North Royal Street 18 Oliver Street Mobile, Alabama 36602 Boston, Massachusetts 02110 US. Department of Labor US. Department of Labor US. Department of Labor Occupational Safety and Health Admlnitra-. Occupational Safety and Health Admints- tion Occupational Safety and Health Administra- tration Federal Building-Room 1110-A tIon 1515 Broadway (1 Astor Plaza) 31 Hopkins Plaza--Charles Center 1710 Gervals Street-Room 205 New York, New York 10036 Baltimore, Maryland 21201 Columbia, South Carolina 29211

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 PROPOSED RULES.

US. Department of Labor US. Department of Labor 1O McfAllister Streot-Room, 170G Occupational Safety and Health Administra- Occupational Safety and Health, Mmilm- Sn Francisco. Califo-nia 94102 tion tration US. Departmentcel Labor Federal Office Building-Room 612A Room 5522-Federal Offlce Building Occupational Safety and Health Adminlbtra- 310 New Bern Avenue 550 Main Street Raleigh, North Carolina, 27601 tiosi Cincinnati, Ohio 45202 Hartwell Building-Room 401 U.S. Department of Labor US. Department of Labor 19 Pine Avenue Occupational Safety and Health Administra- Occupational Safety and Health Adminis- Long Beach, California 00802 tion tration US. Department of Labor 1600 Hayes Street---Suite 302 307 Central National Bank Building Occupational Safety and Health Administra- Nashville, Tennessee 37203 2100 Travis Street 'tion U.S. Department of Labor Houston, Texas 77002 120a South Carson Street Occupational Safety and Health Administra- US. Department of Labor CarsonCity, Nevada 89701 tion Occupational Safety and Health Adminis- U.S. Department ofabor Todd Mall, 2047 Canyon Road tration Occupational Safety and Health AdminWa. Birmingham, Alabama 36216 Room 421-Federal Building tion U.S. Department of Labor 1205 Texas Avenue 121 107th Street, N.E. Occupational Safety and Health Administra- Lubbock, Texas 79401 Bellevue, Washington 98004, tion -U.S. Department of Labor U.S. Department of Labor Enterprise Building-Suite 201 Occupational Safety and Health Adminis- Occupational Safety and Health Administra- 6605 Abercorn Street tration tion Savannah, Georgia 31405 546 Carondelet Street-Room 202 Federal Building-Room 227 U.S. Department of Labor New Orleans, Louisiana 70130 605 West 4th Avenue, Occupational Safety and Health Administra- U.S. Department of Labor Anchorage, Alaska 99501 tion Occupational Safety and Health Adminis- U.S. Department of Labor Riverside Plaza Shopping Center tration Occupational Safety and Health Adminisr- 2720 Riverside Drive Room 303-Donaghey Building tion Macon, Georgia 31204 103 East 7th Street Suite 318-Amerco Tower US Department of Labor Little Rock, Arkansas 72201 2721 North Central Avenue Occupational Safety and. Health Administra- US. Department of.Labor Phoenix Arizona 85004 tion Occupational Safety and Health Adminl- US. Department af Labor 5760 1-55 North Frontage Rd. East tration Occupational Safety and Health Admtnlntra. Jackson, Mississippi 39200 Room 108-Federal Building t1on U.S. Department of Labor 421 Gold Avenue, S.W. 333 Queen Street-Suite 505 Occupational Safety and Health Adminis- Albuquerque, New Mexico 87103- Honolulu, Hawaii 06813 of Labor tration U.S. Department U.S. Department of Labor 300 South Wacker Drive Occupational Safety and Health Admini- Occupational Safety and Health Administra. Chicago, Illinois 600 tration tion U.S. Department of Labor City National Bank Building Room=52 Plttock Block Occupational Safety and Health Adminis- Room 803 921 S.W. Washington Strcet tration Omaha, Nebraska 68102 Portland. Ore on 97205 360 S. Third Street-Room 109 US. Department of Labor U.S. Department of labor Columbus, Ohio 43215 Occupational Safety and Health Adminle- Oceupatlonal Safety and Health Administra- tion U.S. Department of Labor * tration Squire Plaza Building 228 Idaho Building Occupational Safety and Health Adminis- 216 North 8th Street tration 8527 W. Colfax Avenue Lakewood, Boise, Idaho 83702 Clark Building-Room 400 Colorado 80215 633 West Wisconsin Avenue U.S. Department of Labor Occupational and they will be available for Inspection Milwaukee, Wisconsin 53203 Safety and Health Admii- at- tha national and regional olices of U.S. Department of Labor tration Suite 309s the t.S. Department of Health, Educa- Occupational Safety and Health Adminfi- National Instituto for tration Executive Building tion, and Welfare, U.S. Post OMce and Courthouse 455 East 4th South Occupational Safety and Health, at the Room 423 Salt Lake City, Utah 84111 followln addresfes: 46 East Ohio Street U.S. Department of Labor US. Department of HEW Indianapolis, Indiana 46204 Occupational Safety anck Health Adminis- National Institute for Occupational i efty U.S. Department of Labor tratlon andHealth Occupational Safety and Health Adminis- Room 512-Petroleum Building Roo l0-A-22 tration 420 South Boulder 400 Fishers Lane Room 734 Federal Office Building Tulsa, Oklahoma 74103 Rockvllle, Maryland 20852 234 N. Summit Street US. Department of Labor U.S. Department of HEW Toledo, Ohio 43604 Occupational Safety and Health Admlnia- National Instifute for Occupational Safety U'S. Department of Labor tration- and Health Occupational Safety and Health Adminis- Room 215 1100 Commerce Street, Room 8-0-3 tration 1015 Jackson Keller Road. Dallas. Texas 765202 San Antonio, Adolphus Towbr-Suite 1820 Texas 78213 U.S. Department of HEW 1412 Main Street US. Department of Labor National Institute for Occupatlona Eafety Dallas, Texas 75202 Occupational Safety and Health dmints- and Health U.S. Department of Labor tratlon 401 North Broad Street Occupational Safety and Health Adminis- 1627 Main Street-Room 1100 Philadelphia, Pennsylvania 19106 Kansas City, Missouri 641068 tration U.S. Department of HEW 847 Federal Oftce Building US. Department of Labor National Institute for Occupational Safety 1240 East Ninth Street Occupational Safety and Health Admini- and Health Cleveland, Ohio 44199 tration, 9017 Federal Building U.S. Department of Labor 210 North 12th Boulevard-Room W54 19th and Stout Streets Occupational Safety and. Health. Adminis- Saint Louis, Missouri 63101 Denver, Colorado 80202 tration US. Department of Labor U.S. Department of HEW Michigan Theatre Buildin&-Room 626 Occupational Safety and Health ,A.mini- National Institute for OccupstlomwZ gotsy 220 Bagley Avenue I tatiom and Health Detroit, Mchigan 48226 Suite 525 Petroleum Building WSeventh Street. N.E. U.S. Department of Labor 2812 1st Avenue-North. Atlanta, Georgia 30323 Occupational Safety and Health Adminis- Billings, Montana 59101 U.S. Department of &OW' tration U.S. Department of Labor National Institute for Occ1up*tond b 110 South Fourth Street-Room 437 Occupational Safety and Health Adminis- and Health Minneapolis, Minnesota 55401 tration Arcade Building

FEDERAL REGISTER, VOL 39 NO. 113-TUESDAY, JUNE 11, 1974 PROPOSED RULES 20497 1321 Second Street Comments are specifically requested con- 300 South Wa er Drivc-Room 1201 Seattle. Washington 98101 ceming: Chicago. fllnola C0606 US. Department of HEW (1) Whether a new standard on oc- U.S. Department of Labor National Institute for Occupational Safety cupational exposure to sulfur dioxide Occupational Safety and Health Administra- and Health tIon John F. Kennedy Federal Building should be issued; (2) Each section of the standard 7th loor-Texaco Building Government Center 1512 Com erc Street Boston, Massachusetts 02203 recommended by NIOSH; Dalla , Texas 75201 U.S. Department of HEW (3) Suitable alternatives to the rec- ommendations of NIOSH; U.S. Department of Labor National Institute for Occupational Safety Occupational Safety and Health AdmniLstra- and Health (4) Work injury and Illness experi- tIon 26 Federal Plaza ence with sulfur dioxide; 823 Walnut Street New York, New York 10007 (5) Supported cost data of the esti- Waltower Bulding-Room 300 U-S. Department of HEW mated costs of coming into compliance Kfa"city, !flaurl 6.4106 National Institute for Occupational Safety with the standard recommended by US. Department of Labor and Health NIOSH; Occupational Safety and Health AdmInIstra- 601 East 12th Street tIon Kansas City, Missourl 64106 (6) Supported 'data on any pozslble environmental impact of the recom- Federal BuIlding-Room 15010 U.S. Department of HEW 1901 Stout Street National 'Institute for Occupational Safety mended standard, and specifically (a) any adverse environmental effects Denver, Colorado 80202 and Health US. Department of Labor 254 Federal Office Bullding which cannot be avoided should the Occupational Safety and Health Admini-stm- 50 Foulton Street standard be adopted, (b) alternatives to tion San FUancisco, California 94102 such standard, (c) the relationship be- 9470 Federal Building U.S. Department of HEW tween local short-term uses of man's 450 Golden Gate Avenue National Institute for Occupational Safety environmental and the maintenance P.O. Box 36017 and Health and enhancement of long-term produc- San Franclzco, California 94102 300 South Wacker Drive tivity, and (d) any Irreversible com- US. Department of Labor Chicago, illinols 60607 mitments of resources which would be Occupational Safety and Health Admini-tra- Finally, copies of the NIOSH docu- involved If the standard should be im- tion ment may be purchased from the Su- plemented; and 06 Second Avenue perintendent of Documents, U.S. Govern- 1898 Smith Toer Buldlz_ (7) Any other related issues. Seattle, Watington 93104 ment Printing Office, Washington, D.C. Communications should be -ubmitted 20402. The stock number Is GPO-1733- to the Docket Officer, Occupational Anr. Orric s 00029; the price per copy is $1.50. Pay- Safety and Health Administration, U.S. US. Department of Labor ment should be made by check or money Department of Labor, Room 220, 1720 Occupational Safety and Health Administra- order made payable to "Superintendent A Street, NW., Washington, D.C. 20210, tion of Documents--GPO". before August 12, 1974 The communica- Cus-tom Houe Building This -advance notice of proposed rule- tions will be available for public Inspec- State Street making is issued under section 6 of the tion and copying at the above location. Bc-ton, Maachuzztta 02109 Williams-Stelger Occupational Safety The NIOSH document containing the US. Department ot Labor and Health Act of 1970 (84 Stat. 1593; criteria and the recommended standard Occupationaltion Safety and Health Admlnlstra,- 29 U.S.C. 655) and Secretary of Labor on occupational exposure to sulfur di- Federal Building-Room 425 Order No. 12-71 (36 FR 8754). oxide will be available for inspection and 55 Plewant Street Signed at Washington, D.C., this 31st copying, upon request, at any of the Concord, N ew Hamphlre 03301 day of May 1974. following addresses: US. Department of Labor JoN SxNDMs, NATIONAL Ori Occupational Safety and Health AdmrinL-tra- Assistant Secretary of Labor. tlo-. US. Department of Tabor Fcderal.Bullding-Room 617 [FR Doc.7,-1 3313 Filed 6-10-74;8:45 am) Occupational Safety and Health Admlnlz- 450 Main Street tration Hartford. Connecticut 06103 Technical Data Center US. Department of Labor E29 CFR Part 1910] Room 250 Occupational Safety and Health Admiratra- STANDARD FOR OCCUPATIONAL EXPO- 1726 It Street, N.W. tion SURE TO SULFUR DIOXIDE Washington, D.C. 20210 90 Church Street-Rcom 1405 New Yor. New York 10007 Advance Notice of Proposed Rulemaking RPOuL OLOrncm US. Daprtment of Labar The National Institute for Occupa- US. Department of Labor Occupational Safety and Health AdmniL.ta- tional Safety and Health (NIOSH), U.S. Occupational Safety and Health Admlnlz tlon Department of Health, Fducation, and tration Rom203-2fidtown PIzza Fifth Floor 700 Erat Water Street Welfare has submitted to the Secretary 18 Oliver Street Syracuzaz, Now Yor2 13210 of Labor, pursuant to the Williams- Boston, Ma=achuett3 02110 Steiger Occupational Safety and Health US. Department of Labor US. Department of Labor Occupational Safety and Health Admlniztra- Act of 1970, criteria for a recommended Occupational Safety and Health Admlnlt- standard on the occupational exposure to * tration 370 Old Country Road sulfur dioxide. The Office of Standards 1515 Broadway (1 Astor Plaz) Garden C1 ty. Ion In and.Ne,.v York 11530 New York. New York 10030 Development, Occupational Safety and US. Department of Labor Health Administration, U.S. Department US. Department of Labor Occupational Safety and Health Administra- of Labor is studying the criteria and Occupational Safety and Health Admln. tion would appreciate public participation on tration Fe deral Bullding-onm 2110-A the issues of whether a new standard for 15220 Gateway Center 31 Hophlns Plaza-Charles Center 3535 Market Street Baltimore .?aryland 21201 sulfur dioxide should be issued on the Philadelphia, Pennsylvania 19104 basis of the criteria or any other infor- U.S.Department of Labor US. Department of Labor mation, and, if so, what should be the Ozcupational Safety and Health Adminl-tra- Occupational Safety and Health Adminls- tion contents of a proposed standard for sul- tratlon Room 802, Jonnet Building fur dioxide. The issues are set forth with 1375 Peachtree Stect, N.E. 4039 William Penn HiZhway greater particularity below. Suite 587 Monrcovile, Pennsylvanta 15146 Accordingly, interested persons are in- Atlanta, Georgia 3030D US. Department of Labor vited to submit written data, views, and US. Department of Labor Occupational Safety and Health Admini-- arguments concerning a standard on oc- Occupational Safety and Health Admlnis- tration cupational exposure to sulfur dioxide. tration US. Poat O0ce and Courthoue Building

EDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 No. 113-Pt. I-5 20498 PROPOSED RULES

436 Dwight Street Enterprise Building-Suite 201 U.S. Department of Labor Room 504 6605 Abercorn Street Occupational Safety and Health Adminti. Springfield, Massachusetts 01103 Savannah, Georgia 31405 tration U.S. Department of Labor U.S. Department of Labor 546 Carondelet Street-Room 202 Occupational Safety and Health Adminis- Occupational Safety and Health Adminis- New Orleans, Louisiana 70130 tration tration ' US. Department of Labor Federal Offiee Building Riverside Plaza Shopping Center Occupational Safety and Health Admlnis- 970 Broad Street-Room 1435C 2720 Riverside Drive tration Newark, New Jersey 07102 Acon, Georgia 31204 Room 303-Donaghey Building U.S. Department of Labor U.S. Department of Labor 103 East 7th Street Occupational Safety and Health Adminis- Occupational Safety and Health Adminis- Little Rock, Arkansas 72201 tration tration US. Department of Labor Condominium San Alberto Bldg. 5760 1-55 North Frontage Rd. East Occupational Safety and Health Adminia- 605 Condado Avenue-Room 328 Jackson, Mississippi 39200 tration Santurce, Puerto Rico 00907 U.S.Department of Labor Room 108-Federal Building U.S. Department of Labor Occupational Safety and Health Adminis- 421 Gold Avenue, S.W. Occupational Safety and Health Adminis- tration Albuquerque, Now Mexico 87103 tration 300 South Wacker Drive US. Department of Labor William J. Green. Jr. Federal Building Chicago, Illinois 60606 Occupational Safety and Health Adminis- 600 Arch Street U.S. Department of Labor tration Philadelphia, Pennsylvania" 19106 Occupational Safety and Health Admints- City National Bank Building U.S. Department of Labor tration Room 803 Occupational Safety and Health Adminls- 360 S. Third Street-Room 109 Omaha, Nebraska 68102 tration Columbus, Ohio 43215 US. Department of Labor Charleston National Plaza-Suite 1726 Occupational Safety and Health Adminis- Street U.S. Department of Labor 700 Virginia Occupational Safety and Health Adminis- traition Charleston, West Virginia 25301 tration Squire Plaza Building U.S. Department of Labor Clark Building-Room 400 8527 W. Colfax Avenue Occupational Safety and Health Adminis- 633 West Wisconsin Avenue Lakewood, Colorado 80215 tration Milwaukee, Wisconsin 53203 US. Department of Labor Federal Building, Room 8081 U.S. Department of Labor Occupational Safety and Health Adminia- 400 N. 8th Street, P.O. Box 10186 Occupational Safety and Health Adminis- tration Richmond, Virginia 23240 tration suite 309 ExeCutive Building U.S: Department of Labor U.S. Post Office and Courthouse Occupational Safety and Health Adminis- Room 423 455 East 4th South Salt Lake City, Utah 84111 tration 46 East Ohio Street 1371 Peachtree Street, N.E., Room 723 Indianapolis, Indiana 46204 US. Department of Labor Atlanta, Georgia 30309 Occupational Safety and Health Administra- U.S. Department of Labor tion U.S. Department of Labor Occupational Safety and Health Adminis- Occupational Safety and Health Adminis- tration Room 512-Petroloum Building 420 South Boulder tration Room 734 Federal Office Building Room 204--Bridge Building 234 N. Summit Street Tulsa, Oklahoma 74103 3200 E. Oakland Park Boulevard Toledo, Ohio 43604 U.S. Department of Labor Florida 33308 Occupational Safety and Health Administra. Fort Lauderdale, U.S. Department of Labor tion U.S. Department of Labor Occupational Safety and Health Adminis- Occupational Safety and Health Adminis- tration Room 215 tration Adolphus Tower-Sute 1820 1015 Jackson Keller Road 2809 Art Museum Drive--Suite 4 1412 Ain Street San Antonio, Texas 78213 Art Museum Plaza Dallas, Texas 75202 U.S. Department of Labor Jacksonville, Florida 32207 U.S. Department of Labor Occupational Safety and Health Administra- U.S. Department of Labor Occupational Safety and Health Adminis- tion Occupational. Safety and Health Adminis- tration 1627 Main Street--Ro9m 1100 tration 847 Federal Office Building Kansas City, Missouri 64103 Suite 554-E 600 Federal Place 1240 East Ninth Street U.S. Department of Labor Loulsville, Kentucky 40202 Cleveland, Ohio 44199 Occupational Safety and Health Administra- U.S. Department of Labor U.S. Department of Labor tion Occupational Safety and Health Adminis- Occupational Safety and Health Adminis- 210 North 12th Boulevard-Room 684 tration tration Saint Louis, Missouri 63101 Commerce Building-Room 600 Michigan Theatre Building-Room 626 U.S. Department of Labor 118 North Royal Street 220 Bagley Avenue Occupational Safety and Health Administra- Mobile, Alabama 36602 Detroit, Michigan 48226 tion U.S. Department of Labor US. Department of Labor Suite 525 Petroleum Building Occupational Safety and Health Adminis- Occupational Safety and Health Adminis- 2812 1st Avenue-North tration tration Billings, Montana 59101 1710 Gervals Street-Room 205 110 South Fourth Street-Room 437 U.S. Department of Labor Columbia, South Carolina 29211 Minneapolis, Minnesota 55401 Occupational Safety and Health Administra- U.S. Department of Labor U.S. Department of Labor tion Occupational Safety and Health Adminis- Occupational Safety and Health Adminis- 100 McAllister Street-Room 1706 tration tration San Francisco, California 94102 Federal Office Building-Room 613A Room 5522-Federal Office Building U.S. Department of Labor 310 New Bern Avenue 550 Main Street Occupational Safety and Health Administra- Raleigh, North Carolina 27601 Cincinnati, Ohio 45202 tion US. Department of Labor U.S. Department of Labor Hartwell Building-Room 401 Occupational Safety and Health Adminis- Occupational Safety and Health Adminis- 19 P 0oAvenue tration tration Long Beach, California 90802 1600 Hayes Street-Suite 302 307 Central National Bank Building U.S. Department of Labor Nashville, Tennessee 37203 2100 Travis Street Occupational Safety and Health Administra- U.S. Department of Labor Houston, Texas 77002 tion Occupational Safety and Health Adminis- US. Department of Labor 1203 South Carson Street tration Carson City, Nevada 89701 Occupational Safety and Health Adminis- Todd Mall, 2047 Canyon Road U.S. Department of Labor tration Birmingham, Alabama 35216 Occupational Safety and Health Administra- U.S. Department of Labor Room 421-Federal Building tion Occupational Safety and Health Adminis- 1205 Texas Avenue 121 107th Street, N.E. tration Lubbock, Texas 79401 Bellevue, Washington 98004

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 PROPOSED RULES 20499

U.S. Department of Labor 601 East 12th Street mltted at the hearing, it appeared that Occupational Safety and Health Adminktra- Kansas City, Mi ourl 64106 there might be a need for ground-fault tion US. Department of HEW circuit protection for personnel when- Federal Building-Room 227 National Institute for Occupational Safety ever an employee uses electricity in a 605 West 4th Avenue and Health wet, damp, or conductive location. Anchorage, Alaska 99501 254 Federal Office Building U.S. Department of Labor 50 Foulton Street The Omce of Standards Development, Occupational Safety and Health Administra- San Francisco, California 04102 Occupational Safety and Health Admin- tion US. Department of HEW Istration, U.S. Department of Iabor is Suite 318-Amerco Towers National Institute for Occupational Safety studying the general application of 2721 North Cental Avenue and Health ground-fault circuit interrupters Phoenix, Arizona 85004 300 South Wacker Drive throuhout all industries. A standard U.S. Department of Labor Chicago, Ilinols COC07 similar to the following Is being con- Occupational Safety and Health Administra- Finally, copies of the IOSH document sAdered: tion § 19--..,. " * Ground-fault circuit 333 Queen Stree-t--Suite 505 may be purchased from the Superintend- ent of Documents, U.S. Government Protectionfor PerzonneL (1) All 120v, 15- Honolulu, Hawaii 96813 and 20-ampere receptacles used by per- U.S. Department of Labor Printing Office, Washington. D.C. 20402. The price per copy is $1.55; the stock sonnel at work sites which are in vet, Occupational Safety and Health Administra- damp or muddy locations, or are in con- tion . number Is GPO-1733-00030. Payment for Room. 526 Pittock"lock each copy should be sent by check or ductive locations consisting of exposed 921 S.W. Washington Street money order payable to "Superintendent structural steel or other large gromded Portland, Oregon 972.05 of Documents-GPO" metallic surfaces, such as metal floors, US. Department of Labor This advance notice of proposed rule- tanks, boilers, shall have approved Occupational Safety and Health Administra- making Is issued under section 6 of the ground fault circuit protection for per- tion Willlams-Stelger Occupational Safety sonnel. 228 Idaho Building and Health Act of 1970 (84 Stat. 1593; 29 EXCErMo1r" No. 1: Receptacles used to 216 North 8th Street power fixed lighting shall not have ground Boise, Idaho 83702 U.S.C. 655) and Secretary of Labor's Or- der No. fault circuit protection for per-one.l nor 12-71 (3QF 8754). ahall fixed lighting nme--ry for illumination and they will be available for inspection Signed at Washington, D.C. this 31st of the work site be wred to ground fault at the national and regional offices of day of May 1974. circult interrupters (GFCrs). the U.S. Department of Health, Educa- JOHN S MEmR, E Mc:ro:r No. 2: Receptacles on a portable tion, and Welfare, National Institute for Assistant Secretary of Labor. generator, where the circuit conductors and Occupational Safety and Health, at the the frame of the generatcr are insulated from following addresses: [M Doc.74-13312 Filed &-10-74.8:45 am] earth and all grounded surfaces, need not bo protected with GFCIs. US. Department of HEW National Institute for Occupational Safety [ 29 CFR Parts 1910, 1926, 1915, 1916, (2) The approved ground fault circuit and Health. 1917, 1918] protection for personnel shall be pro- Bo6m 10-A-22 GROUND-FAULT CIRCUIT PROTECTION vided by a device whose function Is to 5600 Fishers Lane Interrupt the electric circuit to the load Rockville, Maryland 20852 Advance Notice of Proposed Rulemaking when a fault current to ground exceeds a U.S. Department of HEW In accordance with the Williams- predetermined value that is less than National Institute for Occupational Safety that required to operate the overcurrent and Health Steiger Occupational Safety and Health 1100 Commerce Street, Hoom 8-C-53 Act of 1970, the 1971 edition of the Na- protective device of the supply circuit. Dallas, Texas 75202 tional Electrical Code (ANSI C1-1971) The ground fault current trip level for U.S. Department of HEW has been adopted by reference in this device shall be 5 ma I. This device National Institute for Occupational Safety §§ 1910.309 and 1926.400. Section 210-7 shall be used In addition to the equip- and Health of the NEC contains the following ment grounding conductor when this 401 North Broad Street provision: conductor is required by other provisions Philadelphia, Pennsylvania 19108 "All 15- and 20-ampere receptacle out- of this Part. US. Department of HEW lets on single-phase circuits for construc- Excmr'o,-: Ground fault circuit interrupt- National Institute for Occupational Safety tion sites shall have approved ground- era which have a trip level lower than 4 ma and Health fault circuit protection for personnel may continue to be used at the user's option. 9017 Federal Building This requirement shall become effective (3) For the purpose of this paragraph, 19th and Stout Streets on January 1, 1974." Denver, Colorado 80202 On the basis of the recommendations the following definitions and clarifica- US. Department of HEW tion shall apply: National Institute for Occupational Safety of the Advisory Committee on Construc- (I) Damp location: Partially protected and Health tion Safety and Health and the petition locations 'under canopies, roofed open 50 Seventh Street, I.E. of the National Constructors Association. shelters, and locations subject to a mod- Atlanta, Georgia 30323 the January 1, 1974 effective date of the erate degree of moisture such as base- U.S Department of HEW above provision was deferred (38 FR ments, barns, etc. National Institute for Occupational Safety 33397). Also, comments by interested (it) Wet location: Installations under- and Health persons were solicited and a public hear- Arcade Building Ing was scheduled (38 FR 33983), and the ground or in concrete slabs or masonry 1321 Second Street Issues subject to comment werelisted (38 n direct contact with the earth; loca- Seattle, Washington 98101 FR 35235) as follows: tions of raw concrete, locations subject US. Department of HEW (1) Voltage level of "all 15- and 20- to saturation with water or other liquids, National Institute for Occupational Safety ampere receptacles." and locations exposed to weather and and Health (2) Clarification of "construction unprotected. John F. Xennedy Federal Building sites." (Ill) Following are examples of work Government Center cites which have environments as indi- Boston, Massachusetts 02203 (3) Clarification of "ground-fault cir- cuit protection for personnel." cated In paragraph (__) (1) of this sec- _U.S. Department of HEW (4) Trip level of approved ground- tion and at which ground fault circuit National Institute for Occupational Safety protection for personnel is required: and Health fault circuit protection for personnel. n response to the Federal Register (A) Vehicle repair and service bays, 26 Federal Plaza (B) Wet scrubbing areas, New York, New York 1000 7 notices, 61 written comments were re- (C) Vehiclewashingareas. US. Department of HEW celved and 36 exhibits were submitted. National Institute for Occupational Safety After careful technical evaluation of all (D) Inside metal tanks orbolles . and Health comments received and all evidence sub- (E) Outdoors.

FEDERAELREGISTER, VOL 39, NO. 113--TUESDAY, JUNE 11, 1974 20500 PROPOSED RULES

Accordingly, Interested persons are In- in writing in accordance with this notice examination at the Office of the Chief, vited to submit by August 9,1974, written In order to become part of the record for Airspace and Procedures Branch, Air data, views, and arguments concerning consideration. The proposal contained in Traffic Division. a standard on ground-fault circuit pro- this notice may be changed In the light It is proposed to amend Part 71 of the tection for personnel to Docket Officer, of comments received. Federal Aviation regulations as herein- Room 220, 1726 M Street NW., Washing- The official docket will be a ailable for after set forth. ton, D.C. 20210. Comments are specifl- examination by interested parties at the In § 71.181 (39 FR 440), the following cally requested concerning: Office of Regional Counsel, Federal Avia- transition area is added: (1) The suggested standard; tion Administration, Federal Building,' EAOm PAss, Tix. (2) Suitable alternatives to the sug- John F. Kennedy International Airport, That airspace extending upward from 700 gested standard; Jamaica, New York. feet above the surface within a 5-mile radius (3) Supported work injury experience The Federal Aviation Administration, of the Eagle Pass Municipal Airport (latitude with respect to 120 volt A.C. circuits; and having completed a review of the air- 28*42'00" N., longitude 100"28'45" W.) and (4) Supported cost data of the esti- space requirements for the terminal area within 3 miles each side of the 089 bearing mated costs of coming Into compliance of Hot Springs, Virginia, proposes the from the Eagle Pass RBN (latitude 28*42'20"' with the suggested standard. airspace action hereinafter set forth: N., longitude 100°29'10" W.) extending froin This advance notice of proposed rule- 1. Amend § 71.171 of Par 71, Federal the 5-mile radius area to 8 miles cast of the making is issued under Section 6 of the Aviation regulations so as to alter the Eagle Pass RBN excluding the portion out- Williams-Steiger Occupational Safety description of the Hot Springs, Va. Con- side the United States. and Health Act of 1970 (84 Stat. 1593; 29 trol Zone by deleting the last sentence The proposed transition area will pro- U.S.C. 655) and Secretary of Labor's. and by substituting in lieu therefor: vide controlled airspace for aircraft exe- Order No. 12-71 (36 FR 8754). "This control Zone is effective during the cuting the proposed NDB-A instrument specific days and times established in ad- approach procedure. Signed at Washington, D.C. this 3rd vance by a Notice to Airmen. The day of June 1974. effec- This amendment Is proposed under tive times will thereafter be published in the authority of section 307(a) Of the JOHN STENDER, the Airman's Information Manual.". Assistant Secretary of Labor. Federal Aviation Act of 1958 (49 U.S.C. This amendment is proposed under sec- 1348) and of section 6(c) of the Depart- [FR Doc.74-13311 Filed 6-10-74;8:45 am] tion 307(a) of the Federal Aviation Act ment of Transportation Act (49 U.S.C. of 1958 (72 Stat. 749; 49 U.S.C. 1348) and 1655(c)). DEPARTMENT OF section 6(c) of the Department of Trans- portation Act (49 U.S.C. 1655(c)). Issued in Fort Worth, Tex., on May 30, TRANSPORTATION 1974. Federal Aviation Administration Issued in Jamaica, N.Y., on May 24, ALBERT H. TssUnnuaff,' 1974. Acting Director,Southwest Region. E14 CFR Part 71 ] JAMS BISPO, [Airspace Docket No. 74-EA-37] Deputy Director,Eastern Region. [FR Doc.74.-13295 Filed 6-10-74;8:45 am] CONTROL ZONE [FR Doc.74-13294 Filed 6-10-74;8:46 am] [14 CFR Part 71] Proposed Alteration [Airspace Docket No. 74-SW-30] The Federal Aviation Administration [ 14 CFR Part 71 ] is considering amending § 71.171 of Part [Airspace Pocket No. 74-SW-27] TRANSITION AREA 71 of the Federal Aviation regulations so Proposed Alteration as to alter the Hot Springs, Va., Control TRANSITION AREA Zone (39 FR 390). Proposed Designation The Federal Aviation Administration is considering amending Part 71 of the The control zone is presently desig- The Federal Aviation Administration Federal Aviation regulations to alter the nated during the hours 0800 to 1800 local is considering amending Part 71 of the 700-foot transition area at Intracoastal time daily. Weather observations to sup- Federal Aviation regulations to desig- City, La. port the control zone designations are nate a 700-foot transition area at Eagle Interested persons may submit such provided by Piedmont Airlines personnel. Pass,, Tex. written data, views or arguments as they However, due to seasonal schedule Interested persons may submit such may desire. Communications should be changes, the control zone designation written data, views or arguments as they submitted in triplicate to Chief, Airspace must be varied to coincide with weather may desire. Communications should be and Procedures Branch, Air Traffic Divi- reporting capability which is dependent submitted n triplicate to Chief, Airspace sion, Southwest Region, Federal Avia- on the air carrier. Therefore it is pro- and Procedures Branch, Air Traffic Divi- tion Administration, P.O. Box 1689, Fort posed to delete the specificity as to time sion, Southwest Region, Federal Avia- Worth, Texas 76101. All communications in the designation, and permit changes tion Administration, P.O. Box 1689, Fort received on or before July 11, 1974, will by issuance of a NOTAM in the Airman's Worth, Texas 76101. All communications be considered before action is taken on Information Manual, which may vary received on or before July 11, 1974, will the proposed amendment. No public from the present 10 hours up to 24 hours. be considered before action Is taken on hearing is contemplated at this time, but Interested parties may submit such the proposed, amendment. No public arrangements for Informal conferences written data or views as they may desire. hearing is contemplated at this time, but with Federal Aviation Administration Communications should be submitted in arrangements for informal conferences officials may be made by contacting the triplicate to the Director, Eastern Re- with Federal Aviation Administration of- Chief, Airspace and Procedures Branch. gion, Attn: Chief, Air Traffic Division, ficials may be made by contacting the Any data, views or arguments presented Department of Transportation, Federal Chief, Airspace and Procedures Branch. during such conferences must also be Aviation Administration, Federal Build- Any data, views or arguments presented' submitted in writing in accordance with Ing, John F. Kennedy International Air- during such conferences must also be this notice in order to become part of the port, Jamaica, New York 11430. All com- submitted in writing in accordance with record for consideration. The proposal munications received on or before this notice in order to become part of contained in this notice may be changed . July 11, 1974 will be considered before the record for consideration. The pro- in the light of comments received. action is taken on the proposed amend- posal contained in this notice may be The official docket will be available for ment. No hearing is contemplated at this changed in the light of comments examination by interested persons at the time, but arrangements may be made for received. Office of the Regional Counsel, South- informal conferences with Federal Avia- The official docket will be available west Region, Federal Aviation Adminis- tion Administration officials by contact- for examination by interested persons at tration, Fort Worth, Texas. An informal Ing the Chief, Airspace and Procedures the Office of the Regional Counsel, docket will also be available for exami- Branch, Eastern Region. Southwest Region, Federal Aviation nation at the Office of the Chief, Airspace Any data or views presented during Administration, Fort Worth, Texas. An and Procedures Branch, Air Traffic D$-. such conferences must also be submitted informal docket will also be available for vision.

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 PROPOSED RULES 20501

It Is proposed to amend Part 71 of the It is proposed to amend Part 71 of In 571.181 (39 FR 440), the following Federal Aviation Regulations as herein- the Federal Aviation regulations as here- transition area is added: after set forth. inafter set forth. WORGAN Cir, LA. In § 71.181 (39 FR 440), the Intra- In § 71.181 (39 FR 440), the following coastal That airspace extending upward from 700 City, La., transition area Is transition area is added: feet above the surface within 3.5 miles each amended as follows: SAmNE PASS, T=x aide of the Tibby, .a., VORTAC 281' radial I5NTRAcoAsTAL C=r, LA. extending from 11.5 miles west of the VOR- That airspace extending upward from 700 TAO to 23 miles west of the VORTAC. That airspace extending upward from 700 feet above the surface within 3.5 miles each feet above the surface within 2 miles each aide of the Sabine Pass, Tex., VORTAC 093- The proposed transition area will pro- side of the White Lake, La., VORTAC 062" radial extending from the VORTAO to 17.5 vide controlled airspace for helicopters radial extending from 9 miles NE of the miles east of the VORTAO. executing the proposed Copter VORTAC VORTAC to 13 miles NE of the VORTAC and 0960 within 3.5 miles each side of the White Lake The proposed transition area will pro- and Copter VORTAC 276' Special VORTAC 065' radial extending from 17 miles vide controlled airspace for helicopters Instrument Approach Procedures. NE of the VORTAC to 23 miles NE of the executing the proposed COPTER VOR This amendment is proposed under the VORTAC. - TAC 0860 and COPTER VORTAC 266" authority of section 307(a) of the Fed- Special Instrument Approach Proce- eral Aviation Act of 1958 (49 U.S.C. 1348) The proposed amendment to the tran- and of section 6(c) of sition area will provide dures. the Department of controlled air- This amendment is proposed under Transportation Act (49 U.S.C. 1655(c)). space for helicopters executing the pro- the posed COPTER VORTAC 239° Special- authority of section 307(a) of the Issued In Forth Worth, Tex., on May Instrument Federal Aviation Act of 1958 (49 U.S.C. 30, 1974. Approach Procedure. 1348) and of section 6(c) of This amendment is proposed under the the Depart- ALBERT H. Tawx=s, authority of section ment of Transportation Act (49 U.S.C. Acting Director, Southwest Region. 307 (a) of the Federal 1655(c)). Aviation Act of 1958 (49 U.S.C. 1348) IFR Doc.74-13293 Filed 6-l1-74;8:45 am] and of section 6(c) of the Department of Issued in Fort Worth, Tex., on Transportation Act (49 U.S.C. 1655(c)). May 30, 1974. National Highway Traffic Safety Issued in Fort Wort#, Tex., on May 30, ALBERT H. TxxunuunN, Administration 1974. Acting Director, Southwest Region. [49 CFR Part 590] ALBERT H. T=UEBURI, [FR Doc.74-13297 Filed C-1-74;8:45 am] Acting Director, Southwest Region. [Docket No. 74-24; Notice 11 MOTOR VEHICLE EMISSION [FR [ 14 CFR Part 71 ] Doc.74-13296 Filed 6-10-74;8:45 am] INSPECTIONS [Airspace Docket No. 7'4-SW-281 Criteria and Procedures [14 CFR Part 71] TRANSITION AREA The purpose of this notice Is to propose [Airspace Docket No. 74-SW-29] Proposed Designation criteria andprccedures for motor vehicle TRANSITION AREA The Federal Aviation Administration emizsion. inspections to be conducted by, Proposed Designation is considering amending Part 71 of the or under the supervision of, a State diag- Federal Aviation regulations to desig- nostic inspection demonstration projet. The Federal Aviation Administration nate a 700-foot transition area at Mor- Section 1962(b) (1) of the Motor Ve- is considering amending Part 71 of the gan City, La. hicle Information and Cost Savings Act Federal Aviation regulations to designate Interested persons may submit such (15 US.C. 1901) requires the Secretary of A 700-foot transition area, at Sabine Pass, written data, views or arguments as they Transportation, in consultation with the Tex. may desire. Communications should be Administrator of the Environmental Pro- Interested persons may submit such submitted in triplicate to Chief, Air- tection Agency, to establish emission in- written data, views or arguments as they space and Procedures Branch, Air Traf- spection criteria for motor vehicle diag- may desire. Communications should be fic Division, Southwest Region, Fed- nostic inspection demonstration proj- submitted in triplicate to Chief, Airspace eral Aviation Administration, P.O. Box ects. These projects are carried out with and Procedures Branch, Air Traffic Divi- 1689, Fort Worth, Texas 76101. All the help of grants and technical assist- sion, Southwest Region, Federal Avia- communications received on or before ance of this Department. tion Administration, P.O. Box 1689, Fort July 11, 1974 will be considered before The proposed criteria are minimum Worth, Texas 76101. All communications action Is taken on the proposed amend- requirements for exhaust emissions of received on or before June 11, 1974 will ment. No public hearing is contemplated passenger cars powered by spark-Ignition be considered before action is taken on at this time, but arrangements for in- engines, and are based on the studies of the proposed amendment. No public formal conferences with Federal Avia- the Environmental Protection Agency. hearing is contemplated at this time, but tion Administration officials may be Although It is the NHTSA's belief that arrangements for Informal conferences made by contacting the Chief, Airspace the proposed criteria would also be ap- with Federal Aviation Administration of- and Procedures Branch. Any data, views propriate for emissions inspection of ficials may be made by contacting the or arguments presented during such light trucks and other light duty vehicles Chief, Airspace and Procedures Branch. conferences must also be submitted in with spark-Ignition engines, these ve- Any data, views or arguments presented writing in accordance with this notice hicles would not be subject to the inspec- during such conferences must also be In order to become part of the record tion projects. The proposal is not intend- submitted in writing in accordance with for consideration. The proposal con- ed to restrict or replace emission inspec- this notice in order to become part of the tained in this notice may be changed in tion programs already adopted. record for consideration. The proposal the light of comments received. Since one of the major purposes of contained In this notice may be changed The official docket will be available for the diagnostic inspection demonstration In the light of comments received. examination by interested persons at the projects is to determine whether such The official docket will be available Office of the Regional Counsel, Southwest projects would be both feasible and cost for examination by interested persons Region, Federal Aviation Adminitraton, beneficlal, the proposed emission criteria at the Office of the Regional Counsel, Fort Worth, Texas. An informal docket Southwest Region, Federal Aviation Ad- are not the lowest motor vehicle emission will also be available for examination at levels attainable. The criteria are, how- ministration, Fort Worth, Texas. An the Office of the Chief, Airspace and Pro- informal docket will also be available for cedures Branch, Air Traffic Division. ever, reasonable limits for such inspec- examination at the Office of the Chief, It is proposed to amend Part 71 of the tion programs. Amendments to the cri- Airspace and Procedures Branch, Air Federal Aviation regulations as herein- teria will be proposed when appropriate Traffic Division. after set forth. based on the evaluation of data provided

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20502 PROPOSED RULES

by the projects and upon recommenda- PART 590--EMISSION INSOECTIONS with either the idle-mode inspection of tions of the EPA. Sec, § 590.6, or the loaded-mode Inspection of The two emission pollutants for which 690.1 Scope. § 590.7. criteria are proposed are carbon men- 590.2 Purpose. § 590.6 Idle-mode inspection. oxide (CO) and hydrocarbons (HO). In- 690.3 Applicablity. struments that can accurately measure 590.4 Definitions. (a) Criteria.The vehicle must meet the these pollutants are readily available and 590.5 Requirements. following criteria when tested by the 590.6 Idle-mode inspection. Idle-mode inspection method. can be utilized in a cost effective manner 590.7 Loaded-mode inspection. for the projects. Nitrogen oxides (NOx) 590.8 Inspection conditions. (1) The vehicle's idle speed, measured are not included in the criteria due to with the transmission in the position rec- the relative difficulty of their measure- AuToaoRr: See. 302(b) (1), Pub. L. 92-513, ommended by the manufacturer for ad- 86 Stat. 947, 15 U.S.C. 1901; delegation of Justing the Idle speed, ment. authority at49 CFR 1.51. shall not be more Two alternative and mutually exclu- than 100 rpm higher than the Idle speed sive procedures for emission inspections § 590.1 Scope. recommended by the manufacturer. are .proposed: the loaded-mode, which This part specifies standards and pro- (2) Concentrations of emission requires testing on a chassis dynamom- cedures for motor vehicle emission in- samples taken from each exhaust outlet eter, and the idle-mode, which does 'not spections by State or State-supervised shall not exceed the following levels: include dynamometer testing. Either of diagnostic inspection demonstration (1) For model years 1967 and earlier: these testing procedures may be chosen, projects. - hydrocarbons (HC) 1200 ppm, and car- although the loaded-mode inspection is bon monoxide (CO) 9.0 percent. preferred due to its greater diagnostic § 590.2 Purpose. (i) For model years 1908 and later: capability. For the idle-mode inspection, The purpose of this part is to. support HO 600 ppm, and CO 7.0 percent. ,it is important to avoid the futile exer- the development of effective regulation (b) Method. Idle-mode inspection is cise of starting an emissions inspection, of automobile exhaust emissions and conducted by measuring two emilon and then rejecting the vehicle because it thereby improve air quality, by establish- samples from each exhaust outlet. The has an improper idle speed adjustment. Ing appropriate uniform procedures for first emission sample is collected with Accordingly, before a vehicle may be in- diagnostic emission inspection demon- the vehicle's transmission in neutral and spected for emisions, It must first be stration projects. ,the engine operating at 2250 rpm. The determined by the inspection personnel, second sample is collected with the ve- whether the vehicle has an acceptable § 590.3 Applicability. hicle's transmission in the position rec- idle speed. If not, the vehicle must be re- This part does not impose require- ommended by the manufacturer for ad- jected, and properly adjusted before be- ments on any person. It is intended to be justing the idle speed, and the engine ing tested for emission concentrations. implemented by State diagnostic inspec- idling. In consideration of the foregoing, it tion demonstration projects established is proposed that a new Part 590, Emis- under Title III of the Motor Vehicle In- § 590.7 Loaded-mode inspection. sion Inspections, be added to Chapter V, formation and Cost Savings Act (15 (a) Criteria. When the loaded-mode Title 49, Code of Federal Regulations, to U.S.C. 1961) with respect to emission in- Inspection is conducted, concentrations read as set forth below. spections of passenger cars in use that of the emission samples taken from each Interested persons are invited to sub- are powered by spark-Ignition engines. exhaust outlet for each of the three mit comments on the proposal Com- § 590.4 Definitions. ments should refer to the docket number phases of the driving cycle in Table I, and be submitted to: Docket Section, Na- All terms used in this part that are de- conducted in the sequence indicated, tional Highway Traffic Safety Adminis- fined in Part 571 of this chapter, Motor shall not exceed the levels given in Table tration, Room 5221, 400 Seventh Street, Vehicle Safety Standards, are used as de- fined in that part. IL For the purpose of determining the S.W.. Washington, D.C. 2059G. It is re- weight classification of a motor vehicle quested but not required that 10 copies § 590.5 Requirements. be submitted. for the loaded-mode Inspection, 300 All comments receivedbefore the close A diagnostic inspection demonstration pounds are added to the vehicle's curb of business on the comment closing date project shall test vehicles in accordance weight. indicated below will be considered, and TABLZ I will be available for examination in the docket at the above address both before Curb weight plUS Driving cycle (speed-load combination) and after that date. To the extent pos- 800 b sible, comments filed after the closing Ist phase high cruise 2d phase low crulso 3d phao Idle date will also be considered. However, the rulemaking action may proceed at any ,8s011b and up--= 43 to S0 mhat 27 toO hp.3-0 . 32 to 35 ml/h at10 to 12 hp.. Atld 2,801toS380lb_ . 44 to 40 mlhat 21to 24hp... , 29 to 32 mnlh at 8 to10 bp ...... Do: time after that date, and comments re- 2,00O to 2,00 Ib.-"- 8 to miht3to 15 2 toZ5mlh at 4 to hp ...... Do. ceived after the closing date and too late for consideration in regard to the action centrations will be treated as suggestions for future TAsn II from each exhaust outlet of rulemaking. The NHTSA will continue a motor vehicle operated on a chassis to dynamometer, file relevant material, as it becomes Mgh crulse Low cruas Idle with the vehicle's trans- available in the docket after the closing mission in the setting recommended by the vehicle manufacturer for the speed- date, and It is recommended that inter- 1967 and earlier model years ested persons continue to examine the load combination being tested. For the idle phase, vehicles with automatic docket for new material. He 900 p/m... HC 000 p/m-.-- HO 1,200 p CO 4.5 percent.." CO & Percent-_ CO 9.0perent. transmissions are tested in drive and Comment closing date: August 12. vehicles with standard transmissions are 1974. tested in neutral. Proposed effective date: 30 days after 1M6end later model years publication of final rule. § 590.8 Inspection conditions. (See. 302(b) (1), HO 450 pln. .-- = HO 450 p/m..-. HO 00 p/r. (a) The Pub. L. 92-513, 86 Stat. 947, CO 3.75 percent.. CO 4. percent._ CO 7.0 percent. vehicle engine is at Its nor- 15 U.S.C. 1901; delegation of authority at 49 mal operating temperature, as specified CFR 1.51.) by the vehicle manufacturer. (b) Method. Loaded-mode Inspection (b) An engine speed indicator with a Issued on June 1. 1974. for the first two phases of the driving JA1 .R B. Gacolty, graduated scale from zero to at least 2500 1 cycle described in Table I Is conducted rpm is used for the Idle-mode inspection Admnistrator. by measuring the levels of emission con- procedure.

FEDERAL REGISTERr VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 PROPOSED RULES 20503

(c) The equipment used for analyzing Avenue, NW., Washington, D.C. upon tract agreements can and should be re- the emission concentration levels- receipt thereof. solved now on the basis of policy evidence of (1) Has a warm-up period not to ex- By the Civil Aeronautics Board. considerations and existing ceed 30 minutes; record, and that Judge Ruhlen's recom- (2) Is able to withstand sustained pe- SEAL] EDWIN Z. HOMLAN, mendations In this respect provide a rea- riods of continuous use; Secretary. sonable foundation for such decision. (3) Has a direct and continuous meter EXPFLAATORY STATEIM NT The Board agrees with this position. readout that allows readings for con- Within the relegated scope of real op- centration levels of carbon monoxide Heretofore the operation of scheduled tions now open to the Board, we believe (CO) from 0-10 -percent, and of hydro- air service by air taxis over Alaska bush that a sufficient basis exists for adopting carbon (HC) from 0-2000 ppm hexane; routes pursuant to subcontract agree- defined procedures and economic guide- and, If used for the loaded-mode inspec- ments with Board certificated air carriers lines for processing of subcontract agree- tion, has at least one additional ex- has been permitted under Part 302, Sub- ments in Alaskan bush markets. Accord- panded direct 'and continuous readout part L of the Board's Procedural Regu- ingly, we are of the tentative view that for concentration levels of carbon mon- lations, which does not require prior the attached proposed rule, patterned oxide and of hydrocarbon, such as from Board approval for implementation of after the guidelines recommended by 0-5 percent and from 0-1000 ppm hex- such agreements. The proposed rule Judge Ruhlen in his initial decision, ane, respectively; herein will require prior Board approval should be adopted. (4) Has an accuracy of better than of such agreements in accordance with The proposed rule contains the follow- __5 percent of the full scale reading for procedures specified in Part 302, Sub- ing major provisions: (I) It will require each concentration range; part P; and will establish guidelines air taxi parties to subcontract agree- (5) Permits a reading for each emis- which the Board will consider in reach- ments involving Alaskan bush routes to ing decisions on the agreements. comply with Part 298, both as a Federal sion concentration level, within 10 sec- that the need for guide- onds after the emission sample has been We believe air taxi operator and as a scheduled lines was established in the "Alaska Serv- route operator properly authorized by taken, that is not less than 9o percent ice Investigation," as recommended by of the final reading; and the State of Alaska. (2) It specifies that Judge Merritt Ruhlen in his initial De- the agreements may not beimplemented (6) Has a calibration system using a cision, March 26, 1971. Judge Ruhilen's without prior Board approval (3) It re- standard gas, or an equivalent mechani- recommendation was not adopted at that quires the filing of an application for cal or electrical calibration system which time, but rather those bush phase Issues prior Board approval of the agreement, itself is based on a standard gas. in the proceeding involving subcon- demonstrating, with supporting eco- [FR Doc.74-13355 Filed 6-10-74;8:45 am] tracted service and related Issues were nomic data, that sufficient compensa- remanded so that the Board could con- tion will be provided to guarantee the CIVIL AERONAUTICS BOARD sider additional service alternatives prior sustained operation of a. satisfactory to reaching a final decision (Order 72-9- level of service by the air tax party to [ 14 CFR Part 293 ] 91, 72-9-92, September 25, 1972). Prin- the agreement; that the agreement is IEDR-272; Docket No. 267691 cipally, the remanded proceedings were of sufilcient duration to justify the neces- ordered specifically to include among the sary Investment In equipment and facili- AIR TAXIS IN ALASKAN BUSH ROUTES possible service alternatives the issue of ties by the air taxi; that the certificated Operations Pursuant to Subcontract Agree- "subsidized services by air carriers, air carrier will provide any necessary ments With Certificated Air Carriers whether or not certificated, operating backup equipment and services that may 1974. pursuant to a competitive bid contract," be required In emergency situations; JuNE 4, However, because of intervening develop- Civil and that the public be adequately in- Notice is hereby given that the ments, the promulgation of any proposed formed that the air taxi operator is op- Aeronautics Board has under considera- competitive bid contract system would tion a proposed amendment to its Eco- erating as an agent of the certificated air not now appear to be viable and the issue carrier who is responsible for the serv- nomic Regulations to be identified as must be considered moot.? Ices rendered. The rule also allows inter- Part 293 (14 CFR Part 293) which would Thus, the range of alternatives avail- ested parties to file answers to the ap- (1) require prior 'Board approval for able within the issues in the remanded plication for approval of the agreement. subcontract agreements involving Alas- bush phase of the "Alaska Service In- kan bush routes; and (2) specify guide- The Board's primary concerns are that vestigation" concerning subcontracted the agreements provide the basis for a lines to be followed by the Board in bush service, has, as a practical matter, approving such agreements. sustained, satisfactory level of reliable reverted to the limited alternatives that bush service-Including equitable pro- The principal features of the proposed were available prior to the Board's order visions for whatever reasonable compen- amendments are described in .the at- to remand and expand the scope of the sation may be required. The applicants tached Explanatory Statement and the proceeding. will be expected to demonstrate that complete text of the proposed rule is Moreover, it is now evident, based on the provisions of the agreement will ful- attached thereto. The rule Is proposed pleadings received to date In the re- fill this objective. under the authority of Sections 204, 401, manded stage of the proceeding that the We are of the tentative view that the 407, 412, 416 and 1001 of the Federal further development of the evIdentiary subcontracting parties should propose Aviation Act of 1958, as amended, 72 record In terms of reliable historic data the method of providing any necessary Stat. 743, 754 (as amended), 766, 770, 771 which the Board stated would be useful compensation for the air taxi in each and 788; 49 U.S.C. 1324, 1371, 1377, 1382, in resolving the complex Issues In the individual agreement. Historically, the 1386 and 148L case, cannot be accomplished in the de- record in the Investigation indicates that Interested persons may participate in tail contemplated. in some cases the certificated air carrier the proposed rule making through sub- In the light of these considerations, It pays its subcontractor a predetermined mission of twelve (12) copies of written is argued that issues involving subcon- rate per round trip, per aircraft mile, data, views or arguments pertaining syr- or per other unit of operations. Other thereto, addressed to the Docket Section, 'A proposed competitive bId contract agreements provide for the certificated Civil Aeronautics Board, Washington, ten I-snot within the Peard's vXist.ng ctatu- carrler to forward to the air taxi a rate D.C. 20428. All relevant material received tory alternatives. A bill was Introduced in the 92nd Congress to authorize an experi- for carrying mail that exceeds the actual on or before July 11, 1974, will be con- mental contract program Involving competi- rate paid by the Postal Service to the sidered by the Board before taking final tive bids for air routes, but It was not enacted certificated air carrier. These types of action upon the proposed rule. Copies of into law, and it has not been reintroduced support arrangements may be satisfac- such communications will be available in the 93rd Congress. Accordingly, there tory In specific cases, but the applca- for examination by interested persons In would be no statutory bads for the Boord to tion must contain detailed information, the Docket Section of the Board, Room implement a competitive bid system In 710 Universal Building, 1825 Connecticut Alaska at this time. including the projected amounts of gross

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20504 PROPOSED RULES and net additional compensation that the agreement. Such compensation shall 1825 Connecticut Avenue, NW., Wash- will flow to the air taxi party. be determined on the basis of best esti- ington, D.C. upon receipt thereof. Reporting procedures, for the major mates of both parties to the agreement, By the Civil Aeronautics Board. purpose of monitoring the ongoing re- as evaluated and modified by the Board. sults of subcontracted operations, are of the projected financial results of op- [srsL] EDWIN Z. HOLLAND, also specified in the proposed rule. erations performed pursuant to the SecretrU. BY AIR TAXIS agreement during the fiscal year periods EXPLANATORY STATEMENT PART 293-OPERATIONS for which the agreement will be effective. IN ALASKAN BUSH ROUTES PURSUANT Part 298 of the Board's Economic TO SUBCONTRACT AGREEMENTS WITH A detailed description of the method and CERTIFICATED AIR CARRIERS projected amount of compensation must Regulations (14 CPR Part 298) provides be included in the application for Board for the classification and exemption of Sec. approval of the agreement. air taxi operators. 293.1 Applicability. In the "Part 298 Weight Limitation 293.2 Procedural requirements. (d) The agreement shall provide that 293.3 Standards. the certificated air carrier party will pro- Investigation," Orders 72-7-61 and 72- 293.4 Reporting requirements. vide backup support, including extra 9-62, the Board replaced the preexisting equipment in emergency situations in 12,500 pound takeoff weight limitation which the air taxi party is unable to meet on air taxi aircraft with a more liberal § 293.1 Applicability. 1 the demands of the subject routes. 30 seat/7500 pound payload restriction. This subpart sets forth the rules appli- (e) The traveling public affeCted by This change, however, was made appli- cable to the processing of and guidelines the agreement shall be Informed by ap- cable only to air taxi service In the applicable to the approval of, section 412 propriate and conspicuous notice that continental United States. The Board subcontract agreements involving the op- the air taxi party is operating as an decided not to relax the 12,500 pound eration of scheduled air services by an air agent of the certificated air carrier party rule for Intra-Hawali services and to taxi operator over Alaskan bush routes and that the certificated air carrier party defer any decision as to ntra-Alaska of a certificated air carrier. is responsible for the services rendered. operations until after the determina- tion of the bush route issues In the § 293.2 Procedural requirements. § 293.4 Reporting requirementS. "Alaska Service Investigation." When An agreement submitted pursuant to An air taxi party to an agreement ap- we remanded the bush routes phase of this part shall be filed in accordance with proved pursuant to this part shall file, in the "Alaska Investigation," we consoli- the provisions of Subpart P of the addition to any reports which may be dated Into that proceeding the question Board's Rules of Practice in Economic required under Part 298, such other re- of whether the Part 298 aircraft weight Proceedings (14 CFR Part 302), and in ports (including detailed data of operat- restrictions should be relaxed In the accordance with the following additional Ing income and expenses in subcon- case of intra-Alaska service provisions: , tracted operations) as may be prescribed For reasons detailed In Order 74-6-21, (a) A copy of every document subject in the Board's order approving such Issued contemporaneously herewith, wo to this part shall be filed with the Board's agreement.' have now decided to sever the Part 298 Alaska Regional Office. [FR Doc. 74-13332 Piled 6-10-74;8:45 am] issue from the "Alaska Service Investi- (b) A copy of every document subject gation." Similarly, we have also con- to this part shall be served upon the cluded that there is no need for further Alaska Transportation Commission. [14 CFR Part 298] hearings on this question. The question (c) Contents of an application for [EDR-273; Docket No. 21781] of appropriate air taxi standards for prior Board approval of an agreement Alaska was in issue in the Part 298 submitted pursuant to this part shall in- AIR TAXI OPERATORS "Weight Limitation Investigation" and clude economic and other factual data Classification and Exemption the record In that proceeding contains specifically bearing on each of the information concerning the nature of criteria for approval prescribed in section JuNm 4,1974. certificated services in Alaska and the 293.4. Notice is hereby given that the Civil views of the parties on whether the re- Aeronautics Board has under considera- § 293.3 Standards. vised limitations governing air taxi tion proposed amendments to Part 298 operations should be made applicable to Subcontract agreements filed pursuant of its Economic Regulations (14 CFR Alaska. No matters requiring resolution to this part shall comply with the follow- Part 298) to make applicable to air taxi through evidentlary procedures have ing standards: I operators in the State of Alaska the air- been presented in the materials which (a) The air taxi party to the agree- craft size and weight limitations, pres- have been filed in the remanded Alaska ment must (1) be authorized by the State ently applicable to air taxi operators in proceeding, nor does It appear likely that of Alaska to operate as a common carrier the 48 continguous States and the any significant additional such matters in scheduled services, and (2) be in com- territories. would emerge If further evIdentlary pliance with all provisions of Part 298 as The principal features of.the proposed hearings were held. Rather, the changing an air taxi operator within the defini- rule are set-fdrth in the attached Eix- conditions in Alaska and their signifi- tions of that Part. planatory Statement and the proposed cance to the question of appropriate (b) The agreement shall be of suffi- amendments are set forth in the Pro- weight limitations are matters sus- cient duration to justify the necessary posed Rule. The amendments are pro- ceptible of evaluation and consideration investment in equipment and facilities posed under authority of sections 204(a) upon the basis of written comment. While by the air taxi party. Sufficient duration and 416 of the Federal Aviation Act of the Board well might proceed to declslon shall be deemed to be at least one year 1958, as amended, 72 Stat. 743 and 771; on the basis of the materials now before but may be any period of greater dura- 49 U.S.C. 1324 and 1386. it and its informed judgment, we think it tion as the Board may find the circum- Interested persons may participate in desirable to afford interested persons yet stances to indicate. the proposed rulemaking through sub- (c) The agreement shall provide that mission of twelve (12) copies of written the air taxi party to the agreement be data, views or arguments pertaining IEIl-748, July 18, 1972, 37 FR 14692, au guaranteed sufficient compensation as thereto, addressed to the Docket Section, revised by Z-1759, September 16, 1972, 37 FR 19609. By ER-846, effective May 8, 1074, may be necessary to support the sus- Civil Aeronautics Board, Washington, we further clarified and amended tho 30 tained operation of a satisfactory level D.C. 20428. All relevant material re- seat/7500 pound payload text by spclfy- of service over the routes described in ceived on or before July 11, 1974, will be Ing certain aircraft that would not qualify considered by the Board before taking under this standard and by adding an upper 'The standards listed are not Intended to final action upon the proposed rule. limit on air taxi aircraft of 35,000 pounda maximum. zero fuel weight. be all Inclusive. The Board remains free to Copies of such communications will be Our prcsont pro- disapprove an agreement as contrary to the available for examination by interested posal to conform air taxi standards within public interest even if the agreement com- persons in the Docket Section of the Alaska to those appllcablain the continental plies with these standards. Board, Room 710 Universal Building, United States reflects this recent change.

FEDERAL REGISTER, V6L 39, NO. 113-TUESDAY, JUNE 11, 1974 PROPOSED RULES 2050

another opportunity to comment on the '7arge aircraft" means an aircraft ules two or more single-plane round trips proposed amendment, and hence will having a maximum passenger capacity per week, Including flag stops. proceed by way of notice of proposed of more than 30 seats or a maximum pay- rulemaking to provide that opportunity. load capacity of more than 7,500 pounds; jPB Doc.71--13333 Filed &-1M-74:8:45 aml Our tentative conclusion is that the air except that In connection with. opera- taxi weight limitations now applicable in tions conducted within the State of Ha- the continental United States should be waii, large aircraft shall mean an air- COST ACCOUNTING STANDARDS extended to intra-Alaska services. In the craft whose maximum certificated take- BOARD "Weight Limitation" case, Administra- off weight is more than 12,500 pounds: tive Law Judge Merritt Rublen recom- Provided, however, That, for the pur- [4 CFR Part 409] mended against arelaxation of the 12,500 poses of this part, large aircraft shall in- DEPRECIATION OF TANGIBLE CAPITAL pound test, claiming it would cause seri- clude all models of the Convair 240. 340 ASSETS ous harm to Alaska's unique pattern of and 440; Martin 202 and 404; F-27 and certificated air routes, which consists PH-227; and Hawker Slddeley 748; and Proposed Cost AccountingStandard largely of widely scattered, sparsely pop- shall also include any other aircraft with Notice Is hereby given of a proposed ulated bush points served by heavily sub- a maximum zero fuel weight in exces s of Cost Accounting Standard on the Depre- sidized carriers who still operate a sub- 35,000 pounds. ciation of Tangible Capital Assets, being stantial number of small aircraft (with considered by the Cost Accounting takeoff weights below 12,000 pounds). 2. Amend § 298.21 by revising para- Standards Board for promulgation to This conclusion was based on Judge Ruh- graphs (a) and (c), the section as Implement further the requirement of len's general evaluation of the nature of amended to read in pertinent part as fol- Section '119 of the Defense Production these markets rather than on specific lows: Act of 1950, as amended, Public Law 91- evidence that a more liberal air taxi 379, 50 U.S.C. App. 2168. When promul- standard would result in substantial di- § 298.21 Scope of service aulborized; gated, the Standard will be.used by all version from certificated airlines. While geographical, equipment an& mail relevant Federal agencles and national we agree with Judge Ruhlen's analysis of service limitation% insurance and re- defense contractors and subcontractors. the special character of Alaskan air porting requirements. The proposed Standard, if adopted, transportation, we disagree with his (a) 'General scope. Subject to the pro- would be one ofa series of Cost Account- opinion that the State's network of hibitions of paragraphs (b). (c), (d), (f, ing Standards which the Board is pro- certificated services requires protec- and (g) of this section, the exemption mulgating "to achieve uniformity and tion against a liberalization of air authority provided to, air taxi operators consistency in the cost accounting prin- taxi weight standards. In our judg- by this part shall extend to the direct air ciples followed by defense contractors ment, the -distinctive 'nature of transportation of persons, property and and subcontractors under Federal con- Alaskan air transportation is clearly rec- mall (subject to the limitations imposed: tracts." (See section 719(g) of the De- ognized and sufficiently safeguarded by insectiont98.3(a) and298.13) inaircrait fense Production Act of 1950, as amend- two existing provisions of section 298.21 having a maximum, paseg= capacity ed.) It is anticipated that any contractor (c- which will continue in effect First, of 30 seats or less and a. maximum pay- receiving an award of a contract on or under this ,section an exempted carrier load capacity of 7,500 pounds or less: after the effective date of this Standard may not operate scheduled services be- Proved, however, That, with respect to will be required to follow It In accordance tween points served by a certificated air- operations conducted within Hawaii said with the provisions of f 409.80. Sline with at least two. scheduled single- exemption authority shall be limited to Income tax regulations have estab- aircraft having a madimum takeoff plane flights per week, including flag 1 Uished bases for szlection of depreciation stops. This, provision sharply limits any weight of 12,500 pounds orless. lives and methods of depreciation for as- diversionary impact air taxis might signing depreciatfon cost to accounting otherwise have on -scheduled certifi- (c)Air taxi service in Alaska. No serv- perods. Our research has indicated that cated services. Second, the regulation lee in air transportation shaln be offered contractors often select depreciation requires Part 298 operators to ob- or performed by an air taxi operator be- lives and methods for contract costing tain air taxi authority from the State tween points both of which are in the purposes based on what is permitted by of Alaska as well, thus assuring State of Alaska, or one of which Is In these regulations rather than on bases that any new services that may re- Alaska and the other in Canada, unless which are representative of the consump- sult from our proposed amendment will the air taxi operator also holds authority tion of the service potential of the tangi- accord with local requirements and from the State of Alaska to operate air- ble capital asset. In these circumstances needs as determined by the State.' Ac- craft of a maximum pa.senger capacity many choices have resulted in unduly cordingly, we tentatively conclude that of 30 seats or less and. a maximum pay- acceleratin- allocation of depreciation ourreasons foradopting the 30 seat/7,500 load capacity of 7.500 pounds or lezs as cost to earlier cost accounting periods pound test for air taxi operations in the a common carrier In. Intrastate com- and to final cost objectives within those continental United States justify a simi- merce, or has applied to the Board for. earlier cost accounting periods. lar relaxation of aircraft weight stand- and received, special exemption author- The proposed Standard would estab- ards withinAlaska, ity (see SubpartD of Part 302 of the Pro- lish the principle that for contract cost- PaoPosED RULE cedural Regulations) : Provied,That the ing purposes the service lives established operator Is prohibited from rendering the for tangible capital assets be the er- It is proposed td amend Part 298 of above authorized service In air transpor- pected actual service lives at the date the Board's Economic Regulations (14 tation, or holding out to the public ex- of acquisition. Accordingly, the proposed CFR 298) as follows: pressly or by course of conduct that it Standard would require that the service 1. Amend § 298.2 by revising the defi- renders such service, regularly or with a, lives used shall be the eztimates used for nitions of "Large aircraft" and "Maxl- reasonable degree of regularity between. financial accounting purposes unless mum passenger capacity," to read as fol- points where a certificated carrier sched- financial accounting lives are unrealistic, lows: in which case the proposed Standard § 298.2 Definitions. 1The carriers are cautloned that rsfety reg- would require that more realistic esti- mated service lives be used. The proposed As used in this part: Sl.tions of the FAA applicable to air taxi aircraft In excess of 12,600 a * * pounds may be Standard also would require that the different from those applicable to aircraft method of depreciation used for contract weighing 12,500 pounds or less and. that, as costing purposes approximate the ex- -The Alaska Transportatlon Commission In the case of all operations conducted under supports the proposed relaxation of the this part, the operations with aircraft in ex- pected consumption of asset services in weight restictions on Alaskan ah-taxi air- cess of 12,500 pounds must be conductedpur- each cost accounting period. The method craft, suant to applicable rafety regulations. of depreciation used for financial ac-

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 No. 113--Pt. I----- 20506 PROPOSED RULES counting purposes is satisfactory if rea- final promulgation of the Cost Account- fulness of the asset(s) and is the period sonable in the circumstances. ing Standard covered by this notice, over which depreciation cost is to be as. The Board calls attention to the treat- written submissions must be made to signed. ment that would be prescribed in con- arrive no later than August 12, 1974. (c) Tangible capital asset. An asset nection with changes in estimated serv- NoTE: All written submissions made pur- that has physical substance, more than ice life, residual value, or method of de- suant to this notice will be made available minimal value, and is expected to be hold preciation. This proposed Standard for public inspection at the Board's office by an enterprise for continued use or would require that adjustments-be appli- during regular business hours. possession beyond the current account- cable only to the remaining undepreci- Sec. ing period for the services It yields. ated cost of the assets, which remaining 409.1e General applicability. § 409.40 Fundamental cost shall be amortized in the current 409.20 Purpose. requiremen. and future periods in accordance with 409.30 Definitions. (a) The depreciable cost of a tangible the new determinations. The treatment 409.40 Fundamental requirement. capital asset (or group of assets) shall provided in this proposed Standard for 409.50 Techniques for application. be assigned to cost accounting periods In changes in accounting estimates such 409.60 Illustrations. accordance with the following criteria: as changes 409.70 Exemptions. in expected life is the same 409.80 Effective date. (1) The depreciable cost of a tangible as that which Opinion No. 20 -of the capital asset shall be its capitalized cost Accounting Principles Board (July 1971) AuToRrry: Sec. 719 of the Defense Pro- less its estimated residual value. provides for financial reporting. APB duction Act of 1950, as amended, Pub. L. (2) The estimated service life of a Opinion No. 20, however, provides that 91-379, 50 U.S.C. App. 2168. tangible capital asset (or group of assets changes in accounting principle may in- § 409.10 General applicability. shall be used to determine the cost ac- volve counting corrections for cumulative effects This Standard shall be used by defense periods to which the depreciable in prior periods; a change in depreciation contractors cost will be assigned. method for existing assets is used (para- and subcontractors under (3) The method of depreciation se- graph 22 of the Federal contracts entered Into after the Opinion) as an example effective date hereof lected for assigning the depreciable cost of a change in accounting principle re- and by all relevant of a tangible capital asset (or group of quiring changes related Federal agencies in estimating, accumu- to prior periods. lating, and reporting costs in connection assets) to the cost accounting periods For contract costing purposes, the Board representing its estimated service life does with th pricing, administration, and set- not proposed retroactive changes. tlement of all negotiated shall reflect the expected consumption of Amounts once charged off as deprecia- prime contract services in each cost accounting period. tion and subcontract national defense pro- expense should not be reinstated curements with the United States in (4) Gain or loss upon disposition of a and again be available for charge against ex- tangible capital asset shall be assigned to future projects. cess of $100,000, other than contracts or Conversely, if assets have subcontracts where the price negotiated the cost accounting period in which the not yet been charged off, it would be Is based on (a) established disposition occurs. equitable that the entire remaining de- catalog or (b) The annual depreciation cost of a preciable cost market prices of commercial items sold of those assets be identified in substantial quantities to the general tangible capital asset (or group of assets) to cost objectives of future periods. public, or (b) prices set by law or regula- shall be allocated to cost objectives for Included in the proposqd Standard is tion. which it provides service in accordance an Appendix A, which was derived from with the following criteria: the Internal Revenue Service's Revenue § 409.20 Purpose. (1) Depreciation cost may be directly Procedure 71-25. The proposed Standard (a) The purpose of this Standard Is to charged to cost objectives only when would use Revenue Procedure 71-25 "As- provide criteria and guidance for assign- such charges are made on the basis of set Guideline Periods" to establish lower ing costs of tangible capital assets to cost usage and depreciation costs of all lite limits for estimated service lives that accounting periods and for allocating assets used for similar purposes are may be used for contract costing pur- such costs to cost objectives within such charged In the same manner. poses where contractors' accounting periods in an objective and consistent (2) Where tangible capital assets are records do not support shorter lives. manner. The standard is based on the part of, or function as, an organizational The proposed Standard is expected to concept that depreciation costs identified unit whose costs are charged to other be applied by contractors in situations with cost accounting periods and bene- cost objectives based on a measure of the where depreciation cost is a factor in de- fiting cost objectives within periods services provided by the organizational termining equitable charging rates to be should be a reasonable measure of the ex- unit, the depreciation cost of such assets used as a basis for contract costing. For piration of service potential of the tangi- shall be included as part of the cost of example, the development of rate sched- ble assets subject to depreciation. Adher- the organizational unit. ules for construction plant and equip- ence to this Standard should provide a (3) All depreciation costs which are ment and ownership costs for compari- systematic and rational flow to benefit- not allocated in accordance with para- son to lease or rental costs would be ac- ing cost objectives of the costs of tangible graph (b) (1) or (2) of this section shall complished in conformance with the capital assets over their expected service be included In appropriate Indirect cost requirements of the proposed Standard. lives. pools. The proposed Standard also would be (b) This Standard does not cover non- (4) Gains or losses rom disposition of used by educational institutions in de- wasting assets or natural resources which a tangible capital asset shall be allocated termining amounts to be compensated are subject to depletion. in the same manner as the depreciation for use of buildings, capital improve- cost of the asset had been or would have ments and equipment. § 409.30 Definitions. been allocated for the cost accounting . The Cost Accounting Standards Board (a) Residual -alue. The proceeds (less period in which the disposition occurs, is particularly interested in comments removal and disposal costs, if any) re- § 409.50 on the above subjects. The Board also alized upon disposition of a tangible capi- Techniques for application. solicits comments on any other matter tal asset. It usually is measured by the (a) Depreciation of a tangible capital concerning the proposed Cost Accounting net proceeds from the sale or other dispo- asset shall begin when the asset is ready Standard which will assist the Board in sition of the asset, or the fair value If the for use in a normal or acceptable fashion, its consideration of the proposal. asset Is traded in on another asset. However, where partial utilization of a Interested persons should submit writ- (b) Service life. The period of useful- tangible capital asset Is identified with a ten data and views, concerning the pro- ness of a tangible capital asset (or group specific operation, depreciation shall posed Cost Accounting Standard to the of assets) to Its current owner. The pe- commence on any portion of the asset Cost Accounting Standards Board, 441 riod may be expressed in units of time or which Is substantially completed and G Street, NW., Washington, D.C. 20548. output. The estimated service life of a used for that operation. To -be Depreciation of given consideration by the tangible capital asset (or group of as- capitalized spare parts which Board in its determination are nor- relative to sets) Is a forecast of the period of use- mally required for the operation of a

FEDERAL REGISTER, VOL 39,'NO. 113-TUESDAY, JUNE 11, 1974 PROPOSED RULES20 20507

tangible capital asset shall be accounted less () such method does not reflect method of depreciation during the life of for over the service life of the asset. the expected consumption of services for a tangible capital asset, the remaining (b) A consistent policy shall be fol- the tangible capital asset (or group of deprecibe costs for cost accounting lowed In determining the depreciable assets) to which applied, or (1 the purposes shall be limited to the unde- cost to be assigned to the beginning and method Is unacceptable for Federal in- preclated cost of the assets and shall be ending cost accounting periods of asset come tax purposes. If the contractor's assigned only to the cost accounting pe- use. Although depreciation begins for ac- method of depreciation used for financial riod in which the change Is made and counting purposes as of the time an asset accounting purposes does not approxi- subsequent periods. is ready for use, the policy may provide mate the expected consumption of serv- Qi) (1) Gains and losses on disposition for any reasonable starting and ending Ices or is unacceptable for Federal In- of tangible capital assets shall be con- dates in computing the first and last year come tax purposes, he shall establish and sidered as adjustments of the depreci- depreciable cost. support, if requested, a method of de- ation costs previouslF recognized and (c) Tangible capital assets may be ac- preciation for contract costing which shall be assigned to the cost accounting counted for by treating each individual meets these criteria. period in which disposition occurs. The asset as an accounting unit, or by com- (2) Consumption of asset services may gain or loss for each asset disposed of Is bining two or more assets as a single ac- be measured either by the expected ac- the difference between the amount real- counting unit provided such treatment is tivity or by the expected physical output ized and its undepreclated balance, ad- consistently applied over the service life of the assets, as for example: Hours of Justed for costs of disposal. of the assets or group of assets. operation, number of operations per- (2) Gains and losses on the disposi- (d) (1) Estimated service lives Initially formed, number of units produced, or tion of tangible capital assets shel not established for tangible capital assets (or number of miles traveled. An acceptable be recognized where: (i) Such gains and groups of assets) shall be their expected surrogate for expected activity or out- losses are processed through the depre- actual periods of usefulness. Where serv- put might be a monetary measure of ciation valuation account (e.g., reserve ice lives used for financial accounting that activity or output such as estimated for depreclation, allowance for depreci- purposes reflect such periods of useful- labor dollars, total cost Incurred or total ation. contra asset valuation), (ID the ness, those lives shall be used for con- revenues generated by use of tangible asset Is given in exchange as part of the tract costing. In no- case, however, shall capital assets to the extent that such purchase price of a similar asset and the such lives be used if they are shorter monetary measures can reasonably be gain or loss is included in computing the than the asset guideline periods estab- related to specific tangible capital assets depreciable cost of the new asset. or (l lished for asset guideline classes under (or group of assets). The appropriate the d1sposItion results from an invoIun- -the rules in Appendix A, except as au- method of depreciation should be se- tary conversion and the asset Is replaced thorized by paragraph (e) (1) of this lected as follows: by a simiar asset. In the last case the section. If the contractor's estimated (D An accelerated method of depreci- gain or loss sball be included In comput- service lives established for financial ac- ation is appropriate where the consump- Ing the depreciable cost of the new asset. counting purposes are unrealistic or tion of asset services Is significantly (3) The contracting parties may agree shorter than the asset guideline periods greater in early years of asset life. on a different treatment of gains and under the rules in Appendix A, he shall Mi The straight line method of de- losses arising from mass or extraordL- establish and support, if requested, ap- preciation is appropriate where the con- nary dispositions. propriate estimated service lives for con- sumption of aset services Is reasonably (4) Gains and losses on disposition of tract costing. level over the service life of the asset (or tangible capital assets tansferred In (2) If a contractor accountsfor tangi- group of assets). other than an arms-length transaction ble capital assets other than by asset (iD A decelerated method of deprecl- and disposed of within 12 months from guideline classes established by the rules ation (e.g., sinkIng fund method) may be the date of transfer shll be assigned to In Appendix A, the contractor shall, if used by the owner of assets that are used the transferor. requested, be required to demonstrate by others under a financing lease. (k)'Where, in accordancewithSectlon that service lives used are the same as (g) Each original complement of low- 409AO(b) (1), the depreciation costs of or longer than the asset guideline pe- cost equipment shall be depreciated to like tangible capital assets used for simi- 'riods. This shall be accomplished by half its depreciable cost over half of the lar purposes are directly charged to cost grouping al tangible capital assets in average service life of the original group objectives on the basis of usage, average accordance with the groups required by of items which comprise the original charging rates shall be established for the rules in Appendix A. If annual de- complement. The complement shall not such assets where the depreciation cost preciation cost computed for any asset be further depreciated until such time as of one or more assets is charged on a us- guideline class using the asset guideline it can be determined when the comple- age basis. Any variances between total periods is less than the depreciation cost ment will be disposed of or when the op- depreciation cost charged to cost objec- which would have been computed for erational unit for which the complement tives and total depreElatIon cost for the those assets using the contractor's estab- was acquired will cease operation. At cost accounting period shallbe accounted lished depreciation method, the contrac- that time the remaining depreciable cost for in accordance with the contractor's tor must make appropriate adjustment shall be written off over the remaining practice for handling such variances. to the lives used or support those lives service life of the complement. (1) Depreclation methods, estimated as provided in paragraph (e) Cl) of this (h) Estimated residual values shall be Eervice lives and estimated residual section. determined for all tangible capital as- values need not be changed for assets (e) (1) Shorter estimated service lives sets (or groups of assets). Only estimated acquired prior to compliance with this than those required by paragraph (d) residual values which exceed 10% of the Standard if otherwise acceptable under (1) of this section may be used if the capitalized cost of the asset must be used applicable procurement regulations. shorter lives ard supported by records of in establishing depreciable costs. How- However, any changes to depreciation past retirement or replacement ex- ever, where the declining balance method methods, estimated service life or esti- perience. of depreciation is used the residual value mated residual value must conform to (2) The contractingparties may agree need not be deducted from capitalized the criteria established in this Standard in advance on the estimated service life cost to determine depreciable costs. No and may be effected on a prospective of an Individual tangible capital asset depreciation cost shall be pbarged which basis to cover the undepreclated balance where special circumstances warrant a would reduce book value of the tangible of cost by agreement between the con- different estimated service life than the capital asset below the residual value. tracting parties pursuant to Ca) (4) (B) life applied to the group in which that (I) Estimates of service life, consump- of the Contract Clause set out at 1 331.50 asset would be included in the absence of tion of services, and residual value shall of this title (4 CF. 331.50). the agreement. be reexamined periodically for tangible f) (1) The method of depreciation capital assets (or groups of assets). 409.60 Iustration. used for financial accounting purposes Where changes are made to the esti- The following examples are Illustrative shall be used for contract costing un- mated service life, residual value, or of the provisions of this Standard.

FEDERAL REGISTER, VOL 39, NO. 1l3-TUESDAY, JUNE 11. 1974 20508 PROPOSED RULES

(a) A contractor purchases a milling an average life of 12 years and will have counted for over its estimated service machine for its machine shop to replace a minimal residual value upon disposi- life and allocated to cost objectives in a, milling machine which was fully de- tion. Contractor should depreciate half accordance with the contractor's cost preciated and retired from service. Pro- of the capitalized 'cost of the original allocation practices. duction records, maintained for a group complement over six years. Replenish- (h) A contractor accounts for two of like milling machines in the machine ments to the original complement may groups of assets subject to this Stand- shop by the contractor, indicate that the be expensed as acquired. ard. This illustration describes the milling machines have a capability to - (2) At the beginning of the 15th year average estimated service life that shall produce more units of product in the of use of the complement, the contractor be used to determine the cost account- earlier years of service life than in later decides to replace the total complement ing periods to which the depreciation years and the number of units produced in that cost accounting period. The net cost will be assigned for contract cost- decrease for each succeeding year of book value of the original complement ing purpose. service life. Therefore, the contractor's should be adjusted to actual residual [In yearl records support depreciation charges on value in that cost accounting period. an accelerated basis for the replacement (f) A contractor acquires, a test Average servlen IVe milling machine. Since the Standard re- facility with an estimated physical life quires that the contractor's method ap- of ten years, to be used on contracts for Group A Group It proximate the expected consumption of a new program. The test facility was services, annual charges for depreciation acquired for $5 million. It is expected Estimated servceo life for ihlan- clial accounting purpo. .... _ 12 1 should be higher in early years to reflect that the program will be completed in Estimated service life for In- the decreasing usage of the asset over six years and the test facility acquired come tax purpo s usltg the lower limit of the aos-t depre- time. will not be required for other products ciation range ...... 8 i (b) The contractor also purchases a of the contractor. Although the facility Asset guideline periods, under will last ten years, the contractor may Appendix A ...... 10 15 lathe for its machine shop. The contrac- The life which must be teel for tor, as a regular step in its fixed asset depreciate the equipment over six years. contract co.tlng In compli- procurement process, prepares a sum- If the use of a six-year life forthis asset ance with § 410J.0(d) (1) .. 1 1 mary of estimated revenues to be derived would cause the average lives used for from the use of the lathe to support the the asset guideline class to be shorter I Unless such life refleets an unreallstie expectation of actual service life. company's decision to buy the asset. The than the periods established under the 3 Unle-s contractor can support a shorter srvlco lifo, summary shows estimated revenues by rules in Appendix A, the contracting fiscal year and indicates that, because of parties may agree that the asset is to § 409.70 Exemptions. inability to hold tolerances, revenues to be treated separately for the test of None for this standard. guideline lives. be derived from use of the lathe will be § 409.80 Effective datle. lower in later years. Therefore, the sum- (g) Contractor acquires a building by mary of estimated revenues supports de- donation from its local Government. (a) The effective date of this Cost Ac- preciation charges on an accelerated The building had been purchased new counting Standard is [Reserved]. basis for the lathe. Since the Standard by another company and subsequently (b) This Cost Accounting Standard requires that the contractor's deprecia- acquired by the local Government. Con- shall be followed by each contractor for tion method approximate the expected tractor capitalizes the building at its all assets acquired on or after the start consumption of services, and estimated fair value. Under this Standard the de- of his next fiscal year beginning after revenues may be used as a surrogate for -preciable cost of the asset based on that the receipt of a contract to which thlis actual machine usage, annual charges value, if otherwise allowable, may be ac- Cost Accounting Standard is applicable, for depreciation should be higher in early years of asset life. APPENDIX (c) The contractor desires to charge Avs., guideline classes and periods depreciation of the milling machine de- scribed in paragraph (a), of this section Asset guido- A-.'t guiie,- directly to final cost objectives. Usage line class Description of assets included line, periol of the milling machine can be measured (it yearl) easily based on units produced. Contrac- tor may charge depreciation cost di- 00.0 Depreciable assets used in all business activities, except as noted: 00.1 Office furniture, fixtures, machines, and equipment: Includes furniture and fixture,4 rectly on a unit of production basis pro- which are not a structural component of the building, andl macltneA and equipntUt vided he uses an average depreciation used inthe preparation of papers or data. Includes such as ot as desks, fil.e, sctu, typewriters, accounting, calculating and data procem.ing machines, communica- charge for all like amilling machines in tions, duplicating and copying equipment ...... 10 the machine shop and charges deprecia- 00.2 Transportation equipment: tion for all like milling machines directly 00.21 Aircraft (airframes and engines) except aircraft of air transport companies. .... 00.22 Automobiles, taxis ...... -- t...... to final cost objectives. 00.23 Buses------...... ------_------(d) The capitalized cost of the milling 00.24 General purpose trucks, including concrete r(ady-mix tru.ck and or, tnrtlc. for uIo over-the-road: machine described in paragraph (a) of 00.241 Light (actual unloaded weight less than 13,000 lb) ...... 4 this section was $50,000. It is estimated 00.242 Heavy (actual unloaded weight 13,000 lb or more) ------...... 0 00.25 Railroad cars and locomotives, except those owned by railroad transporta- that the milling machine will have a re- tion companies ...... 15 sidual value of $4,500 upon disposition. 00.26 Tractor units used Over-the-road ------...... 4 00L27 Trailers and trailer-mounted container ...... ------Because $4,500 is less than 10% of cap- 00.24 Vessels, barges, tugs and similar water transportation equipment, except those italized cost, annual depreciation used In marine contract construction------. 1 charges may be based on capitalized cost 01.0-79.0 Depreciable assets used in the following activlties: 01.0 Agriculture: Includes only such assets as are Identified below and that are us1ed in of $50,000. However, the asset must not the production of crops cr plants, vines and trees (including fr(stry); the kep- be depreciated below the $4,500 residual Ing, grazing, or feeding of livestock for animal products (Including ,rtms), for animals increase, or value Increase; the operation of dry lot or farm dairles, value. nurseries, greenhouses, sod farms, mushroom cellars, cranberry bog, apiaries, (e) (1) A contractor'outfits a new and fur farms; the production of bulb, flower, and vegetable seed crops: and the performance of agricultural animal husbandry and horticultural Eervice. office building with miscellaneous low 01.1 Machinery and equipment, including grain bins and fences but no other land cost furniture and fixtures total $250,- improvements ------1...... i0 000 which he capitalizes as an original 01.2 Animals: 01.21 Cattle, breeding or dalr ------...... ------...... 7 complement of low cost equipment. The 01.22 Horses, breeding or work ----- _------...... ------service life of the new building is esti- 0L 23 Hogs, breeding ------...... 01.24 Sheep and goats, breeding ...... mated at 40 years and it is expected that 01.3 Farm buildings I ....------1-5 the building will be operated as an office 10.0 MinIng: Includes assets used In the mining and quarrying of metalio and nonunetaille minerals (including sand, gravel, stone, and clay) and the milling benollelation and building for its entire life. It is expected other primary preparation of such materiaLs ...... 10 that the furniture and fixtures will have 13.0 Petroleuns and natural gas production and related activities:

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 PROPOSED RULES 20309

Aud guideline desus ani ado-Continutd

Assetgulde- Asmet gtud- lineclas DescriptIon l atInclded line p iod

13.1 Drilling ofo1 and gas wells: Includes aeets used Lathe drillng o oil and gewela on a contract, he or other bLss and the provisin of Xeonacal and other explomton services; and the provis n o such ol and Cis d ser1'le Aschem- ical treoatment, plugging and abandoning of wells and caurting or perfierting well casings; but not Including Lsts ued In the puerf nrea of any of them ncUvities and services by Integrated petrolerm and nitural gas producrs fz their own account ...... ------...... 6 13.2 Exploration for p Irolcumand natural depd tm Icl-desdu:dc aedu far dsll of wells and production of petroleum and nitural ga-, IneladIrzrathering plpc lines and related storage focllUct when theo are reated activites undertaken by petroleum and natural asprodu ...... 13.3 Petroleum reflning: Includes assets used [or tho dLstlllaticn, frnsio,,and catalytncmckilng ofcrudopctroleum intogMn llnonnd Its otier co omp3- is 13. 4 Marketing of pctrolcum and petrlcum product%-Includs asts ued In market- Ing, such as related storago facilitles and comp!cto rervIco staUn,t but rf In- plpclwescluding any--.-.------.-.---- of theso ficlitlcs rclatcd.-.------to petro'ur and...... natural ... gas trunk - 1 15.0 Contract ConstrucUon: Includcs such wzscasued by general buildtng, ccl trade. heavy construction and marino contractors; dmr not Includo a t used by M5I Contractcompanies construction in performing other oanstructlon than xsnalo- _ on tor own occ.unt.acrlccG 5 15.2 Marine contract construction...... 1.2 20.0 anufacture of foods and bovcragcs for humin cmumn.l." n, and certaln Wstead products, such asm nufactured rchcwlng, gum, vcetab¢lo and nmal f3tannd ofls, nnd prepared feedsforanlmanandfowls: 0.1 Grain and grain mill products: Inclu dca ts s d In the producon,, of l r=, cereals, livestock feeds, and other grain and grain mill produars...... 17 20.2 Ougar and sugar products: Includ nasts used in tho prcdu:fion of mw sugar, syrup orilnished sugrfromugu-nn r uar ct...... IS 20.3 Vegetablo oils and vegEtablo oil products. Incladc astsw t.ud In thfroIu:tfon of oil from vegetablo matc alsand thomrnufaduroof relatcd v tal-o ll produmT. 13 20.4 All other food and kindred products: Includ&3 ast usel In the ro Iucton of foods, beverages and related production not included In cls-s Lil, M2, and 3 . .. 12 2L0 Manufacture of tobacco and tobacco products. Includos wct us-d Iath prcla:tfonu cigarettcs, clgars, smoking and chawing tobcco, lrnund o th.r W o ccJiata.._ 15 22.0 lfanufacturooftextilamil products. 22.1 Knitwear and knit products: Includes n ats used In tho prdu:tln cf knit apparel and other flnishod articles from yara ...... a 22.2 Textile mill products, excpt knltwcar Includes =-its used In the productn of spn, woven or procesed yarns; and fabris; of mattresses, cur,,-!:, nags, gads, and sheets, and ofothcr products of natral orrynhtth ilder . .... 14 22.3 Elnshng nnd dyeing: Incladc sussts d In thollt-innd dycrgf.nalural and snthetic flbs, ywns, and fabrieand knit pparel...... 12 23.0 Manufacture of apparel and other flnihed products: Includes asses =. d In the pro- duction ofclothing and fabrnate tcxtlo productsby the cutting and rcwi f woven fabrics, other texto products and fur but does ntoIrnlude as t ud In thomanun- facture ofnpparl from rubberandlethr ...... 0 24.0 Manufacture of lumbcrandwood products:. 24.1 Cutting of timber: Includes logtng =minery and cqalpmeat and rce.d taildin- cqulpmentused bylo gtngand ramlll or rat a'.,lpu mnufc.tu on thR1r ownaccount ...... 6 24.2 Sawlng of dffimnsonal stock from les: Includes,."-'incry and cqum ntlnLtaLt In permnntorwllestablsleawzalIl. .. 10 243 Sawing ofdlmcnstonal stock from legi: Indandesmsehlancxyan e.ulpcnctil in sawmills charcterred by temporary foundations and a lack crmlnlmam amount, oflumbr-handling, dryin, a=d rcIdac-dLrc-aI equipment rf.cUlltis. 6 24.4 M1anufacturo of lumber, wood products and furnlture; Includte as:et3 u-d In the production of plyvood, hardboard flooring v near', products, Including the ~trnntolpokl ntr ...... furniture and otlcr .... wccd 10 20 0 -Manufacture of paper and allicd product,: Ma1 Manufacture of pulps from wood and other eclulr- fibers and rcnp: Tn lude ussets used in tho manufacturo of papcr and rar b ard,l1ut dces not irludo Iho assets used In pulpwood l.cgging nor the nanuf.turo cl hantcrd__ _... 16 3.2 3Manufacture of paper and paperboard: Intludca ozsets uwed In the r.conctfn of converted products such us lipcr coated off thu arer macbin, pager Lag, paper boxes and envelope ...... 12 27.0 Printing, publl&l and alied Industries: Includes arzzts ued In printing by one or more of tho common prec , cu asch.lctterprc., l t]herphy gravreorc-ren; the performance of services for tho printng tsedo, ruzh Cs ecfladlr,. tygecatting. engraving photoengraving, and elcetrutypteg; and the pubUation f ner pacr .-, boos, ana periodicals, whethcr or not carried cut In cerunctten with prinU7_ U 2.0 'anufacturo of chemicals and all d products, n1ludes an ts used In the rrnaf'* turo of basic chemicals muh as adids, alkalncs_ calfs, and or-,=nl and ImacgnL chemlials, chemical products to bo used In furthcr xrninu:ture, =-h ar ynthctts fibers and plasts matcrials, Including pztro-ch=mcnl pr sig ld that which is ordinrily a part of petroleum reflning: and fBnihed chaaclproducts, such as pharmaccutcals, coasmctic, r 3p, fertilizer, paint and varnthe, x- plosives, and compress-l and liquifledIga. Den not Inl"udeasts ud In the nIufacturo of flnishod rubber and plastlc roduzt3 crin tho pducttenaf natural gas products, butane, propne, and bylromucts of natural -4 rrciu:11o3 V-Mt3. 1 00 lanufactur o rubber and plastic produtet, 30.1 Manufacture ofrubber products: Includes nst -cdfor tho pro-iuitfzn cf prduct5 from natural, synthaitc, or rezlaimed rubber, gutta r-ocU3, tz!a!a, or gutta dik, such as ires, tubcs, rubber footwear, mechani al rubbar rpcI7, Lcbds and al, looring, and rubber sundries; and In the rcenpptg, rje.,esdica, and retudln 0.2 ...... 14 30.2 Manufacture of miscellancous Ibilticd pla!tfc product- rt c!Udsa=n1- used In thu manufacturo of plasticnproduts and tho nrseldugv-f primary sf" rthe trade. Does not lncludo a-sets uted In the manufacture of l pa-U=a matcrixs nor thu manufacturo of phonccraph reords ...... ,; 3L 0 Manuftaturo of Icather:. lcludes a.ts u_-d In the tarir, currying, and inthing of hides and .kins; the pro-ing of fur "Bll; and th manufLcturo of flnited leather products, such as footwcar, fltg, oppard, luzgsZo and similar l3!hcr goods ...... - 11 32.0 Manufacture ofstano,clay. glass and concreto preducle:. 32.1 ManuLacture ofglass products: iacludc3 as ,ttsuscd In thnepcduton offl.,la.u, or pressed products of glass, such as plate rafly and window gl.as, gs con- tainers, glassvareoand fibcrglass. Dczsnrotetludc a tucd In t nauenotura oflns ...... --...... 2. 2 MLanufa tur of cement: Includcs assetswusd In the prodution of cement, tut do not Include any assets used In tho manufaturo of concrete and coreoprcduzcts nor In any mining or extraction promt ...... z 0

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20510 PROPOSED RULES

Asset guideine dasse ard :Pffid.-Ccntlnued

A-legiune - Asset guid. l cDescription of assets included line Period

32.3 Mandfacturo of other stono and clay products: Includes assets used in the manu- turof products from materials in the form of clay and stone, such as brick, toi and pipe; pottery and Telated products, such as vltreous.china plumbing fixtures, earthenwaro and ceramic insulating materials; and also incude assets used in manufacture of concrete and concrete products Does not include assets used in any mining or extraction proccses ...... i 33.0 Manufacturo of primary motals: Includes assets used in the smlting and refining of ferrous and nonferrous metals from ore, pig, or scrap, the rolling, drawing, and alloying of ferrous and nonferrous metals; the manufacturo of castings, forgings, and other basic products of ferrous and nonferrous metals; and the manufacturo of nails, spikes, structural shapes, tubing, and wire and cable: 33.12 Frrous metals. ------18 33.2 Nonferrous metals ------14 34.0 Manufacture of fabricated metal products: Includes assets used in the production of metal cans, tinware, nonelectric heating apparatus, fabricated structural metal products, metal stampings and other ferrous and nonferrous metal and wire prod- ucts not elsewhere classified ------12 35.0 Manufacture of machinery, except electrical and transportation equipment: 3,1 Manufacture of metalworking machinery: Includes assets used in the production of metal cutting and forming machines, special dies, tools, jigs, and fixtures, and machine tool accessories ------12 35.2 Manufacture of other machines: Includes assets used In the production of such ma- chinery as engines and turbines, farm machinery, construction, and mining machineryigeneral and special ndustrlt machines including office machines and nonelectronic computing equipment; miscellaneous machines except electrical equipment and transportation equipment ...... 12 36.0 Manufacture of electrical machinery, equipment, and supplies: Includes assets used in the production of machinery, apparatus and supplies for the generation, storage, transmission, transformation, and utilization of electrical energy: 3.1 Manufacture of elctrical equipment: Includes assets used in the production of such machinery as electric test and distributing equipment, electrical Industrial ap- psratus,bousehold appliances, electrleifghting and wiring equipment; electronic components and accessories, phonograph records, storage batteries and Ignition systems ------...---.-.-.----.- ..-.----..--.-.----.....------35.2 Manufacturo of electronic products: Includes assets used In the production of elcc- 12 tronic detection, guidance, control radiation, computation, test and navigation equipment and the components thereof. Does not Include the assots,of manu- facturers engaged only in the purchase and assembly of components ------8 37.0 Manufacture of transportation equipment: includes assets used in the production of such machinery as vehicles and equipment for the transportation of passengers and cargo: 37.1 Manufacture of motor vehicles and parts: Includes assets used In the production of automobiles, trucks, trailers, buses and their component parts ------12 37.2 Manufacture of aerospace products: Includes assets used in the production of air- craft, spacecraft, rockets, missiles and their component parts .------8 37.3 Ship and boat building: Includes assets used In the manufacture and repair of ships and boats, but excludes dry docks ------...... 12 37.4 Manufacture of railroad transportation equipment: Includes assets used in t2 building and rebuilding of railroad locomotives, railroad cars, and street railway cars------. 12 38.0 Manufacture of professional, scientific, and controllihg instruments; phot graphic and optical goods; watches and laocks: Includes assets used In the manufacture of mechanicalmeasang, engineering, laboratory and scientific research Instruments: optical instruments and lenses; surrcal medical and dental Instruments equip- mnat and supplies; ophthalmic goods, photographic equipment and supplies; and watches and clocks ...... ------12 39.0 Manufacture of products not elsewhere classified: Includes assets used In the produc- tion of jewelry, musical Instruments; toys and sporting goods; pens, pencils, office and a supples. Also Includes assets used in production of motion picture and television fims andtapes; as waste reduction plants; audin the ginning of cotton... 12 40.0 Railroad ttansportation: Includes the assets Identified below and which are used In the commercial and contract carrying of passengers and freight by rail. Ex- cludes any nondepreciable assets Includaed in Interstate Commerce Commission accounts enumerated for this class: 40.1 Railroad machinery and equipment ...... - ..... 14 Includes assets classified In the following Interstate Commerce Commssion accounts: I Road accounts: (16) Station and office buildings (freight handling machinery and equipment only) (26) Communication systems (27) Signals and Interlockers (37) Roadway machines (44) Shop machinery Equipment accounts: (52) Locomotives (53) Freight train cars (54) Passenger train cars (55) Highway revenue equipment (57) Work equipment 40.2 Railroad structures and similar Improvements ------0 Includes assets classifiedin the following Interstate Commerce CommLssion road accounts: L (6) Bridges, trestles, and culverts (7) Elevated structure (13) Fences, snowsheds, and signs (16) Station and offlco buildings (stations and other operating structures only) (17) Roadway buildings (18) Water stations (19) Fel stations (20) Shops and enginchouses (31) Power tmusmison systems (35) Miscellaneous structures (39) Public improvements construction 40.3 Ralroad wharves and docks I ...... ----.------20 (23) Wharves and docks (24) Coal and ore wharves 0. 5 Rairoad Powerplant and equipment: Electric generating equipment: 40.51 Hydraulic ------4Q.52 Nuclear-...... :------'-..''.-- - '------50 20

FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 PROPOSED RULES 20511

Awd gufidie dassec and j2criols-Continuod ENVIRONMENTAL PROTECTION Asset guide- Amtl AGENCY line class Description of assets Included linopest line class d[40 CFR Part 52] 0 WASHINGTON AIR IMPLEMENTATION PLAN 40.53 Steam ------40. M Steam, compressed air, and oiler powerplnt eqpmcn ...- ---- Promulgation for Variances and Review of 41.0 Motor transport-paengers: Includes assets used In the urban and tatrrusln commerial and contract carrying of passengers by road, except the tranIsertat ln New Sources assets included in class 00.2 above ------.--...... ------8 On -.ay 31, 1972, the Adminitrator of 4. 0 Motor transport--freight: Includes assets used In tho commerdal and contr=ct carrying of freight by road, except the transportation assets Included In clam CO.2 the Environmental Protection Agency -bove...... ------. 8 approved, with certain exceptions, the 44-0 Water transportation: Includes assets used In the commercial and contract carrying of freight and passengers by water except the transportation assets Inluded inc., Washington Air Implementation Plan. 00.2 above ------...... ------o Soon thereafter the Natural Resources 45.0 Air transport Includes assets used In the commercial and contmt carrying of pa- sengers and freight by air------. ------a Defense Council, Inc. ,NRDC)chal- 46.0 Pipeline transportation: Includes assets used In the private, cnmunmril, and con- lenged the Administrator's approval of tract carrying of petroleum, gas, and other products by mcas of pipes and con- veyors. The truuLfines and related storage facillties of ntcgmted ItrelMn and the State's variance and new source re- natural gas producers are includedin this class ...... view procedures in the Ninth Circuit 4.0 - Communication: Includes assets uscd in the furnishing of pelnt4o-Irlut communica- Court Court of Appeals (NRDC v. EPA, tion services by wire or radio, whetherintended to be redved aurally or vkuly; and radio broadcasting and television: Docket No. 72-2147). 48.1 Telephone. Includes the assets Identified below and which areise in the provsican NRDC challenges th t variance pro- of commercial and contract telephonlo services: 48.11 Central office buildings: Spcial purjyse structures Inteand t . .euo cedures, as developed and implemented central office equipment and which are claszfied In Federal Cormnutnlcaie'e by the Department of Ecology and the Comm iion Account No. 212' - . -... ..------local air pollution control authorities 48.12 Central office equipment: Includes central office sitching and relatcd viuip meat classified in Federal Communications Commiion Acceunt No. 2 1.. . pursuant to the Revised Code of Wash- 48.13 Station equipment: Includes such station apparatus and connections as it!e- ington (RCW) 70.94181, provide that typewriters, telephones, booths, and privato exchange3 as are cLasd d in Federal Communications Commission Account No. 1, M, and = ... io sources may be granted variances with- 48.14 Distribution plant: Includes such assets as pole lines, cable rcrlal wire and out satisfying the postponement require- undergiound conduits as are elassifed In Fcdcral Concmunlentins Cemxdls sion mccount Nos 241 242.1, 242.2,242.3, 2414,213, and 2 ...... ments of section 110(f) of the Clean 48.2 'Rado and television broacasting ...... 0 Air Act. In companion cases brought by 49.0 Electric, gas, and sanitary services: NRDC In the First, Second and Eighth 49.1 Electrlq utilities: Includes asts used In the production, transmnkn and din- tribution of electricity for sale, including related land Improvcmeants, and Circuit Courts of Appeal the Courts de- identified as: termined that the Administrator should 49.11 Hydraulic production plant: Includes dams, flumes, canals andwat .ay t. Alko includes jet engines and other Internal combustion englnes tcd to operato not have approved variance provisions in auxiliary facilities for load shaving purposs orln casoof cmerrg cle..... :.... 6o State implementation plans which defer 49.12 Nuclear production plant: Includes et engines and other interal comlwitin engines used to operate auxillary facilities for load rhaving purpo:e or in cao compliance with applicable regulations of emergencies ------...... 23 past the statutory attainment dates for 49.13 Steam production plant: Includes let engines and other lntrnal cerbw ctlen . engines used to operate auxiliary facilitics for leoad rhaving purrpex crm ea achieving the national ambient air N quality standards. (A fourth case decided "49.14 Tansmion and distribution fnaclitis. ro by the Fifth Circuit reached an even 49.2 Gas utilities: Includes assets usedlin tho production, traznlsson, and dl-trlbuntan of natural and annufactured gas for sale, including related land Improve- more restrictive result and would pre- meats I and Identified as: clude EPA approval of variances dur- 49.21 Distribution facilities: Including gas water leatcrsand gas convesrsn equip- ment installed by utility on customers' premiscs on a rcntal bai ...... ing both the pre- and post-attainment 49.22 Manufactured gas production plant ...... ca date periods. The Agency has requested 49.23 Natural gas production plant ...... 24 that this case be appealed.) On Febru- &9.2A Trunk pipelines and related storagefaces ...... --.-- 49.3 Water utilities: Includes ascts used In the gathering, treatment, and commrerci ary 1, 1974, in an attempt to resolve this distribution of water ------.. .. 1O issue, EPA, under the authority of sec- 49.4 Central stea production and distribution: Includcs aszcts used In ties prad=ctEn and distribution of steam for ml ------_ c tion 110(C) of the Clean Air Act, isgued 50.0 Wholesale and retail trade: Includes assets used In carrying out the acUvitls oi a 60-day notice to the Department of purchasing, assembling, storing, sorting, grading, and selling of goods at both tl:o wholesale and retail level. Also includes assets used in such activities as the opera- Ecology requesting that it revise the tion of restaurants, cafes, coin-operatd dispensing machines, and In brokerago cf Washington Implementation plan pro- scrap metal. ------...... ------1 _ 10 cedures for the granting of variances in '70.0 Services: Includes assets used In the provision of persona Scrvfcc fuch as 1 wo offered by hotels and motels laundry and dry cleaning cstablIhncnte,, -ity a manner consistent with the results and barber shops, photographic studios and mortuaries. Includes asts.usd In reached by the First, Second and Eighth the provision of professional services such as those offered by dctrn, dcntists lawyers, accountants, architects engineers, and vetslanslan . ncludcsaatc uss Circuit Courts of Appeal. intheprovision ofrepalr andmatennnoe services. Inlndes equlpmcnt orfsElll.i NRDC's other contentions in this case used by cemetery organizations, news agencles, tclhtypa wiro cervies 2lumlln- contractors, frozen food lockers, research laboratorIes, hotds, and mE (ecept relate to the State's new source review effiefurniture and fixtures) . ------= ------. . . . 10 procedure. On brief, NRED contends 9.0 3Recreation an d amusem ent: In cludes assets used In the provision of amu:-'t cor entertainment services on payment ofa fecor admison chage, asin the opcratin that the Department; of Ecology's and the of bowling allays, billiard and pool estab Isbhments, theaters, concrt hall- amu-se local agency new source review proce- ment parks, and miniature golf courseDoes not include sach a.sets which con:Ist primarily of specialized land Improvements or structures, such as golf cc.r-, dures contained In the State implemen- sports stadia, racetracks, ski slopes, or buildings which house bawling alicys..... o tation plan are not in strict conformance with Section 110 of the Clean Air Act or I Includes only property which Is "eligible property" as d-ftned In section L1G7(a)-ll(b)o() ofthe Iromo Tax the regulations contained In 40 CPR Deulations, such as certain snecial-purposo structuresand certain research and ctor".ofadllt l (ut rt asbul 'cc 51.18. and its structural components. On September 10, 1973, the Depart- AnTEUn SCHOEHAUT, ment of Ecology submitted statutory Executive Sccretary. changes and regulatory revisions to See- [FR Doc.V4-13452 Filed 6-10-74;8:45 am]

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20512 PROPOSED RULES tions 18-04-100 and 18-04-110 of the stringent than that of the Department of fense Council, Inc. In its case against the Washington Administrative Code" (WAC) Ecology. Environmental Protection Agency. which resolve most of the issues raised NRDC also contends that the use of EPA encourages the adoption of con- by NRDC. The revised Department of the word "any" in the phrase "any am- sistent procedures for variances as well Ecology regulations specifically provide bient air quality standard" of WAC as new source review by both the State for review of sources to which new source 18-04-110(6) (a) does not adequately and local air pollution control agencies. performance standards apply and re- refer to the national ambient air quality EPA believes that the State regulations quire the Department to consider the standards. EPA believes "any" refers to submitted on September 10, 1973, sub- location of a new source and the source's State air quality standards approved in stantially cure deficiencies raised by effect on all ambient air quality stand- the implementation plan which are at NRDC and EPA and that local agency ards prior to granting approval to con- least as stringent as the national ambient revisions should build upon the underly- struct or modify a source. In addition, air quality standards. Since EPA would ing foundation set forth by this State the requirement for preconstruction not approve State revisions to air quality regulatory framework. In addition, since review by the Department within 30 days standards that are less stringent than EPA's February 1 letter to the State men- of receipt on an application has been the national standards, EPA believes tioned neither thermal power plants, nor replaced with more viable procedures. NRDC's point is insubstantial. the Agency's 30-day comment period pur- These revisions substantially correct Finally, NRDC believes that deferral suant to 40 CFR 51.18(h), no final action provisions In the implementation plan of WAC 18-04 to RCW 80.58 for review will be taken with respect to these mat- which EPA now acknowledges should of new thermal power plants constitutes ters for 60-days, the notice period set not have been approved as originally a partial circumvention of the require- forth in section 110(c) (3) of the Act. submitted. ment to review new sources on the basis During this timeframe, It Is hoped that However, this action by the State does of the air pollution abatement consider- the State will come forward with pro- not meet all of NRDC's contentions. Nor, ations set forth in WAC 18-04. EPA con- visions curing the defects In these three in the estimation of EPA does the Sep- curs with NRDC on this issue. areas. tember 10 submission cure all the defects In addition, EPA finds that all new Should the Department of E1cology, inherent in the original plan submission. source review procedures in the Wash- following publication of these regulations NRDC contends that State implementa- ington implementation plan, as well as adopt identical or equivalent regulations, tion plan regulations allow conditions in the revised State regulations sub- EPA will withdraw its proposed regula- under which a source can be granted mitted on September 10, 1973, do not tions. If the State submits acceptable automatic approval of a notice of con- provide for a period of 30 days for public amendments after EPA promulgation, struction without review and that, comment after receipt of a notice of these regulations will be rescinded. within local jurisdictions, new source re- construction of a new stationary source. Interested persons may participate In view procedures do not explicitly require EPA acknowledges that the anticipated this ruemaking by submitting written the regulatory agency to review new adoption of an indirect source regulation comments, preferably In triplicate, to the stationary sources with respect to am- by the Department of Ecology in the Regional Administrator, Environmental bient air quality standards and geo- near future will remove this deficiency, Protection Agency, Region X, 1200 Sixth graphical location. The Agency agrees at least in part. Avenue, Seattle, Washington 98101: At- with these contentions, and advised the EPA also finds that sawmills as a cate- tention: J. Akins. Relevant comments re- State on February 1, 1974, that the plan gory of sources are omitted from the ceived on or before July 11, 1974 will be should be revised to add four categories requirements to register in WAC 18-04- considered, and will be available during of sources (Kraft pulp mills, sulfite pulp 100 and thereby from new source review. normal hours at the Region X Office. mills, primary aluminum plants and It is conceivable that without prior re- This notice of proposed rulema'.ng Is sawmills) which are not In the list of view, emissions from new or modified issued under authority of section 110(a) sources required to register for precon- sawmills could interfere with the at- of the Clean Air Act as amended (42 struction review. In addition, EPA re- tainment or maintenance of national U.S.C. 1857c-5(a)). ambient quested that all new source review air quality standards in certain Dated: June 5, 1974. regulations of local air pollution control locations in the State of Washington. agencies contained in the plan which did Accordingly EPA herein proposes the RUssELL E. TiAmt, not satisfy the requirements of section following: Administrator, l10(a) (2) (D) and section 110(a) (4) of (1) Disapproval of the variance regu- It is proposed to amend Part 52 of the the Clean Air Act and 40 CFR 51.18 be lations in the Washington implemen- Chapter I, Title 40 of the Code of Fed- revised. Accordingly, the Agency finds it tation plan, eral Regulations as follows: necessary to disapprove the implementa- (2) Disapproval of RCW 70.94.181, the tion plan insofar as those regulations State statute concerning variance, Subpart WYW-Viashlngton remain inadequate. (3) Disapproval of portions of new 1. Section 52.2475 Is amended by add- NRDC raises several other issues per- source review procedures in State and Ing paragraph (b) as follows: local agency regulations in the Wash- taining to the new source review proce- § 52.2475 Legal authority. dures. NRDC argues that RCW 70.94.331 ington implementation plan, (6) does not provide for the enforcement (4) Approval of portions and disap- of new source review procedures by the proval of other portions of the new (b) Revised Code of Washington Department of Ecology where a local source review prbvisions of WAC 18-04- (ROW) 70.94.181 Is disapproved to the agency regulation is less stringent. EPA 100 and 110, as revised by the Depart- extent that It permits granting of vari- believes the purpose and Intent of the ment and submitted on September 10, ances under the conditions cited in air pollution control regulations of the 1973. § 52.2480 of this chapter. Department of Ecology are to lay the (5) Promulgation for those disap- proved portions identified in Items (1), 2. Subpart WW Is amended by add- foundation for air pollution control ing a new § 52.2480 as follows: regulations in the entire State and that (3). and (4), above. RCW 70.94.331(6) provides the neces- The proposed disapproval and replace- § 52.2480 Variances. sary legal authority to the Department to ment of the variance procedures In the (a) Washington Administrative Code establish the basic new source review Washington Air Implementation Plan (WAC) 18-04-150 of the Washington procedure, as well as any other regula- and the proposed disapproval and re- Department of Ecology Regulations and tions relating to air pollution control. placement of portions of the new source all portions of local agency regulations Therefore, EPA is satisfied that RCW review procedures in the Plan, as well as • pertaining to the granting of variances 70.94.331(6) provides the Department approval of portions of WAC 18-04 sub- are disapproved insofar as they permit with the authority to enforce its new mitted as revisions on September 10, the granting of variances beyond the source review procedure within a local 1973, should correct all deficiencies in the dates required for attainment of the jurisdiction whose procedure is less Plan cited by the Natural Resource De- national standards, without the ap-

FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 PROPOSED RULES 2O513

-Prol we of the Administrator, and for n the State implementation plan per- gun within 2 years from the date of is- rea ons not permitted by the Clean Air taining to new source review, are dis- suancei or if during the construction, Act. approved insofar as they:. work is suspended for 1 year. (1) egulation limiting "variances: (1) Allow automatic approval of a no- (6) Approval to construct or modify L) No variance from any require- tice of construction if an order to prevent shall not relieve any person of the re- mer t Of the Washington Implementa- the construction Is not issued within 30 sponsibIlity to comply with any local, tion plan'shall be granted unless the days. State, or Federal regulation which is part va_ ance requires compliance with the (2) Do not require the reviewing of the applicable plan. applicable plan within the time specd- agency to review new stationary sources CJ) Regulation providing for public fled in § 52.2478 of this chapter. to determine whether construction or comment: (22) A variance may defer compli- modification will interfere with attain- (1) Prior to approval or disapproval ano with an applicable plan require- ment or maintenance of the national am- of the construction or modification of a Ineit beyond the times set forth in bient air quality standards. stationary source pursuant to WAC 18- § 52.2478 If: (3) Do not provide a 30-day period be- 04-110 of the Washington Department of (i) pursuant to section 110(e) of the tween receipt of a notice of construction Ecology Regulations or paragraph (I) of Act, the attainment date of national prior to issuance of an approval/dsap- this section, the reviewing agency shall: ambbent air quality primary standards, proval notice to allow for public (I) Make preliminary determination sh is implemented by the applicable comment. whether the stationary source should be plan3 requirement, has been extended be- (h) All portions of local agency regu- approved. approved with conditions, or yon d July 31, 1975, and the source seek- lations In the applicable implementation disapproved. ing a variance is one of the sources for plan pertaining to new source review are (11) Make available in at least one lo- whi ch the extension has been granted, disapproved as they do not explicitly re- cation in each region in which the pro- or quire the local agencies to review the lo- posed stationary source would be con- (Ii) the conditions and procedures set cation of new stationary sources. structed, a copy of all materials submit- forth in Section 110(f) of the Act are (D Regulation for the review of new ted by the owner or operator, a copy of met and modified sources in selected source the reviewing agency's preliminary de- 3) a variance shall not be effective categories: termination, and a copy or summary of unt]lIt has been submitted to and ap- (1) This requirement Is applicable to other materials, if any, considered by the proted by the Administrator in accord- the construction or modification of sta- agency in making its preliminary deter- anC4 with if 51.6, 51.8, 51.15(b) and tionar sources throughout the State In mination; and (c), and, if applicable, 51.32 (a)-(e) the following categories: (ill) Notify the public, by prominent oftiMls chapter. (I) Sulfite pulp mills advertisement in a newspaper of general S. Section 52.2495 Is amended by add- (ii) Kraft pulp mills circulation in each region in which the Ing paragraphs c)-() as follows: (liI) Primary aluminum plants proposed stationary source would be con- § 52.2495 Review of new sources and () Seawmills structed, of the opportunity for written odificationls. (2) No owner or operator shall com- public comment on the information sub- S* * * * mence construction or modification of mitted by the owner or operator and the reviewing agency's preliminary determi- (I ) Washington Administrative Code any stationary source after the effective nation on the approvability of the source. cw%C) 18-04-100} and 18-04-110, as date of this regulation without first ob- (2) A copy of the notice required pur- subinitted on September 10, 1973, with taining approval from the Administrator uant to this paragraph shall be sent to the exception of paragraPhs (d) through of the location of such source. (f) the Administrator through the appro- of this section are approved. (I) Application for approval to con- priate regional office (for sources subject I). Washington Administrative Code struct or modify shall be made on forms (WI(wd to WAC-18-04-I10 of the Washington AC) 18-04-100 of the Department of furnished by the Adminitrator. or by Department of Ecology Regulations); to EcoIlogy Regulations and portions of other means prescribed by the Ad- all other State and local air pollution loca1 agency regulations in the approved minlstratr. control agencies having Jurisdiction in ImPlementation plan are disapproved (H1)A separate application is required the region where the stationary source insofar as they do not require sawmills for each source. will be located; and to any other agency aS a category of sources to which regis- (1) Each application shall be signed in the region having responsibility for trationisrequired. by the applicant. implementing the procedures required (e) Washington Administration Code (iv) Each application shall be accom- under WAC-18-04-110 of the Washing- AC) 18-04-110(4) of the Department pantied by site information, stack data ton Department of Ecology Regulations. of ,,cology Regulations, as submitted to and the nature and amount of emissions. (3) Public comments submitted in the Administrator on September 10, Such information shall be sufficient to writing within 30 days of the date such 1973 i,is disapproved insofar as the refer- enable the Administrator to make any Information is made available shall be enc to RCW 80.58 constitutes a partial determination pursuant to paragraph clrc considered by the reviewing agency in anavention of the requirements of (1) (3) of this section. making its final decision on the appli- WAC 18-04 for new source review of (v) Any additional information, plans, cation. the: malpower plants., specification, evidence or documentation [F Doc.7--13365 Plied 6-10-74:8:45 tmi (W.D Washington Adminitrative Code that the Administrator may require shall &C) 18-04-110 of the Department of be furnished upon request. EcolLogy Regulations, as submitted to the (3) No approval to construct or [40 CFR Part 220] Adnninistrator on September 10, 1973, is modify will be granted unless the appli- not pro- cant shows to the satisfaction of the Ad- NAVIGABLE WATERS OF TERRITORY disapproved insofar as it does OF GUAM vide 30-ydaa period following receipt ministrator that the source will not pre- of a notice of construction prior to is- vent Or interfere with attainment or Proposed Water Qualiry Standards suni nce of an approval/disapproval no- maintenance of any national standard. The purpose of ths notice is to propose tice to allow for ppublic comment as (4) The Administrator will act on an regulations setting forth standards of rei iired by § 51.4 of this Chapter. application within 60 days following water quality to be applicable to the nav- g) Wasliington Adminitrtive Code completion of a 30-day public comment Igable waters of the Territory of Guam, (w1&C) 18-36-080 (Kraft pulp mills), period and will notify the applicant in pursuant to section 303(b) of the Fed- 18-3 8-090 (sulfite pulp mills), 18-52- writing of his approval, conditional ap- eral Water Pollution Control Act as 070(3) (primary aluminum plants), and proval, or denial of the application. The amended (33 U.S.C. 1313(b)) (the Act). 18-o04-110 (Notice of Construction) of Administrator will set forth his rea.ons A notice announcing the intention of the the Department of Ecology Regulations for any denial. Environmental Protection Agency to re- he State implementation plan, and (5) The Administrator may cancel an view all navigable water quality stand- all portions of local agency regulations approval If the construction Is not be- ards pursuant to the Act was published

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 No. 113-Pt. 1-7 20514 PROPOSED RULES

In the FEDERAL REGISTER on December 29, tice, unless by such time the State shall (1) References to "the Department of 1972 (37 FR 28775-28780). have adopted water quality Standards Interior" and "the Federal Water Pol- Under section 303(a) of the Act, the which the Administrator determines to lution Control Administration" will be Administrator of the U.S. Environmental be in accordance with the requirements taken to mean "the Environmental Pro- Protection Agency is required to review of section 303(a) of the Act. However, tection Agency." water quality standards for navigable the Administrator is not required to (2) References to "the Secretary" or waters adopted and submitted by the await State action for the entire 190-day "the Secretary of Interior" will be taken States (and Territories). When he de- period prior to promulgation. Thus, the to mean "the Administrator of the En- termines that changes in such water standards may be promulgated by the vironmental Protection Agency." quality standards are required to meet Administrator at any time following the (3) References to the "Water Pollu- requirements of the Act as in effect prior expiration of time for public comment. tion Control Commission" or "the Com- to October 18, 1972 (the date of enact- Except as provided in the attached mission" will be taken to mean, as ap- ment of the 1972 Amendments of the Act, proposed regulations, the interstate and propriate, "the Guam Environmental P.L. 92-500), he must notify the State. intrastate standards previously adopted Protection Agency" or "the Guam En- If the State does not adopt the required by the Territory of Guam are the effec- vironmental Protection Board." revisions or if the revisions submitted by tive water quality standards under Sec- (4) References to State and Federal the State do not meet the requirements tion 303 of the Act for interstate and laws will be replaced by references to cur- of the Act, the Administrator may pub- intrastate waters within the Territory. rent equivalent laws. lish proposed revised water quality Where the proposed regulations set forth (b) The first two paragraphs of standards in accordance with such re- below are inconsistent with the refer- "WATER USES, Identification of waters quirements. enced standards, these regulations, if and beneficial uses:" The Territory of Guam prior to Octo- promulgated, will supersede such stand- (1) "Near-shore coastal waters." (pp. ber 18, 1972 adopted water quality stand- ards to the extent of the inconsistency. 9 and 10 of the Guam standards), shall ards for both interstate waters and in- The standards document is available be replaced with the following para- trastate waters. After the enactment of for inspection and copying at the Guam graph: the 1972 Amendments, EPA reviewed Environmental Protection Agency, Pub- All near-shore coastal waters shall be pro- both the interstate and Intrastate wate lic Health and Social Services Depart- tected for the present and future uses of In- quality standards pursuant to section ment, Mangilao, Guam 96910 and the dustrial water supply, propagation of fish and 303 (a) of the Act. On January 18, 1973 EPA Regional Office, 100 California other aquatic life and wildlife (including the Regional Administrator notified the Street, San Francisco, California 94111. waters reserved for conservation of native Governor of Guam that certain revisions marine biota, shellfish propagation, and com- EPA's Information regulations, 40 CFR mercial and sports fishing), esthetic enjoy- to the interstate water quality standards Part 2, provide that a fee may be charged ment, and recreation. The following near- of Guam were necessary to make the for making copies. shore water will also be protected for uses of standards consistent with the applicable Interested persons may submit written navigation in addition to uses listed above: requirements of the Act. On March 12, data, views, or arguments, in triplicate Page Bay, Talafofo Bay, Agfayan Bay, Manell 1973 a similar notification was made for in regard to the proposed regulations to and Mamaon Channels, Port Emnzo (Merizo), intrastate water quality standards. the Regional Administrator, EPA, 100 Umatac Bay, Outer Apra Harbor, Agana Guam was required to classify all wa- California Street, San Francisco, Cali- Small Craft Harbor, Inner Apra Harbor and ters in compliance with the national pol- te areas immediately adjadent to docks, fornia 94111. All relevant material re- piers, wharves, and loading facilities of the Icy that requires all waters to be pro- ceived on or before September 9, 1974, now Apra commercial docks, oil and ammu- tected for recreational uses and for the will be considered. nition docks, and Piti channel. support and propagation of aquatic life.. In consideration of the foregoing, it Several of their port and harbor areas is hereby proposed that 40 CPR Part 120 (c) The following provision shall be are deficient in their use classification; ,be amended as set forth below. added to "STANDARDS FOR WATER therefore, It is proposed to extend pro- The proposed new part would be ef- QUALITY, Addiltional Requirements" tection of these beneficial uses through- fective immediately upon republication. (p. 9 of the Guam standards): out Guam's waters. 5. In all the waters of the territory at all (Sec. 303(b), Pub. L. 92-500, 86 Stat. 816 (33 kopt Numerical limitations on toxic sub- (b)) times, toxic substances shall be below stances were required. A general toxicity U.S.C. 1313 levels which are deleterious to human, ani- standard based on an acute bioassay test Dated: June 4, 1974. mal, plant or aquatic life, or In amounts sufficient to interfere with the beneficial is proposed to fulfill this need. JOHN QUARLES, uses of the water. The presence of toxic n order to clarify the nomenclature Acting Administrator. substances in a water shal be evaulated by in the Standards of Water Quality for use of a 06-hour bloassay, guided by the Waters of the Territory of Guam, April § 120.10 [Amended] document "Standard Methods for the EV- 1968, terminology corrections are also 1. In § 120.10 the paragraph entitled amination of Water and Wastewater", 13th proposed. "Territory of Guam" is deleted. edition. The survival of the test organisms 2. A new § 120.19 is added as follows: shall not be less than that In controls which Guam has not adopted revised inter- utilize appropriate experimental water. Ex- state and intrastate water quality stand- § 120.19 Guam water quality standards. perimental water shall be obtained from a ards In response to EPA's request as re- nearby location having water quality repro- quired by the Act. Accordingly, pursuant Water quality standards included In sentative of natural conditions at the test to section 303(b) (1), EPA is now propos- the document entitled "Standards of location, or other appropriate experimental ing regulations setting forth standards Water Quality for Waters of the Terri- water defined by the Terlrtory and concur- required to comply with the Act as in ef- tory of Guam, April 1968," are the ap- red in by EPA. Failure to detemino presenco fect prior to October 18, 1972. proved water quality standards for the of toxic substances by this method ehall not Territory of Guam, except as amended Section 303(b) (2) of the Act requires as follows: preclude determination of oxce sivo levels the Adminlstrator to promulgate water (a) For clarification purposes, cor- of toxic substances on the basis of other quality standards no later than 190 days rected terminology shall be read Into the criteria or methods. after the date of publication of this no- Standards as follows: [FR Doc.74-13281 Piled 6--10-74;8:45 am]

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20515 notices This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Noties I of hearings and Investigations, committee meetings, agency decisions and rullnE, dclegatins of authority, filmhE of petUon., and applications and agency statements of organization and functions are examples of documents appcaring In this scctlon.

DEPARTMENT OF THE TREASURY move in, F--4 and F-101 aircraft will be APZorflTes SmamT2~~ or Fw;czaL phased out of the base. The overall num- Customs Service ber of jet aircraft and personnel will re- In nccar&mco r.ith the requiremeatz of [TD. 74-162] main essentially the same. cctloa 3N2(b) of Executive Order iof07. I FOREIGN CURRENCIES Copies of the draft environmental am Rulng the foll=.Ln.- rtatemntt for puibl- statement have been made available to catonin the F METPL .siz: Certification of Rates (1) r1xmes of any corpoations of whic. libraries in Sun City, Avondale. Lltchfleld I am. or had been within 60 days preceding MA- 30,1974. Park, Phoenix and Glendale for review. my appointment. on October 4, 1973. as The Federal Reserve Bank of New Also the Chamber of Commerce of Avon- DIputy Dirctor, Area 13, )effense Electric York, pursuant to section 522(c), Tariff dale, Goodyear, IAtchfleld Park. Phoenix Poer AdmhnUtzation. an oficer or diractor: Act of 1930, as amended (31 U.S.C. 372 and Glendale have copies for review. 21ono. (c)), has certified the following rates of Copies may be obtained from Headquar- (2) 2acnic- of any corporatiGn in which ters USAF, Dlrectomte of Civil Enr4- I o.'n, or did own ithin ea day- preceding exchange which varied by 5 per centumn my appointment. vny stocks, bonds, or other or more from the quarterly rate pub- neering. Envlronmental Protection flan n 1 interesZ: lished in Treasury Decision 74-124 for Group (PREV). Washilngton. D.C. 20330. the following countries. Therefore, as to Since notice of availability was pub- XnI-Xr'3 LUtU31 Incorporated, 1.64.031 entries covering merchandising exported lshed In the FEoERAL ThGrsTn (39 FR Share. on the dates listed, whenever it is neces- 15904, May 6, 1974) and copies were Inrator'aShc-xm Stock Fund Incorpcrated. 216.167 sary for Customs purposes to convert made available in the localty affected, such currency into currency of the the notice of this hearing is considered (3) Nams_ Of any partnerships In "hch I reasonable under 44 U.S.C. 1508 and fur- am a=zOclated. or bad been a.szoclated within United States, conversion shall be at the GOdays preng my appolntint: None- following daily rates: ther delay in the date of the hearing (4) Nam of any oth r busines3es hiwch -Austriaschuling: would serve no useful purpose. I o n.or owned within 60 days precedin- my Maty 20, 19$4- ...... $0.0565 Persons desiring to participate In the appointmint: bearings are asked to May 21, 1974 ...... - -- .0562 submit a request Rental property-Star Route No. 1. Melfalr. In writing to the Office of Information, Wazhlngton, Box 440 (Hood Caunl-South Way 23, 19...... -0565 Luke Air Force Base, Arizona 85308. or Shor Road.) May 24. 1974 ...... o64 by calling 602-935-7411, extension 2011. Belgium franc: Quro= 24. 1973. Way 23, 1974 ...... 026730 WALTEr G. FtNnXY. Switzerland franc: Acting Chiel, Legislative Di- [FR Do".74-13309 Fied 6-10-74:8:45 anj May 22, 1974.. ...------. 3453 sion, 0.#cc of The Judge Ad- Ifty 23, 197 ....------. 359 vocate rencraZ. LEWIS K. AMBROSE [SEAL] R. N. MARRA. [FR Doc.l7-13451%Fled C-10-74:8:45 am) Dlrector, Statement of Changes In Financial Interests DutY Assessment Division. DEPARTMENT OF THE INTERIOR In accordance with the requirements IFDoc.-74-13299 Fled 6-10-4; 8:45 am] of section 710(b) (6) of the Defense Pro- Office of the Secretary duction Act of 1950, as amended, andEx- DEPARTMENT OF DEFENSE LEWIS K. AMBROSE ecutive Order 10647 of November 28, Statement of Financial Interest 1955, the following changes have taken Department of the Air Force place in my financial Interests during PROPOSED F-15 BEDDOWN AT LUKE AIR OcToB3z 4, 1973. the past six -onths; FORCE BASE, ARIZ. Pursuant to section 302(a) of Eecu- (1) No change. Notice of Public Hearing tive Order 10647, the following informa- (2) No cange. tion on a WOC appointee in the Depart- (3) No cbaxe. JuNE 7. 1974. ment of the Interior is furnished for pub- (4) No cbata. Notice is hereby given that in accord- lcation in the PmrZAL 1P ims=: This statements is made as of April 4, ance with the National -nvironmental 1974. Policy Act (42 U.S.C. 4321), the United NANE Or AprOTmr States Air Force will conductan informal Tewis M.Ambrose. Dated: April 4. 1974. public hearing hn Phoenix, Arizona, on La. l. Aw~iosz NA= or EMPwLoY=n Aoamzyc the F-15 Beddown at Luke Air Force [FR Doc.=T4-L3308 Fled 6-1O--74;8:45 am] Base, Arizona. The informal hearings are Department of the Interior, Defense scheduled to begin -a 9aam., June 17, E1ectricPowerAdmtnisftation. 1974, in. the Martcopa County DEPARTMENT OF AGRICULTURE Board of Trm Tr= OF TZ Apronls PosriuoN SupervIsors' Auditorium, 205 West Jef- Forest Service Ierson, Phoenix, Deputy Director, Arizona. Area 13. SOUTH KAIBAB GRAZING ADVISORY The draft environmental statement on Taz NA= OF THZ Arron-as P=VA BOARD the R-15 Beddown at Lke Air Force EW-uoy Ol EWoL0 s Base discusses the proposal to locate the Notice of Meelmg first squadron of F-15 fighter aircraft at City of Seattle, Dept. of Lighting. The South Kaibab Grazing Advisory Luke Air Force Base. The purpose of this The statement of 'qsndalnc1 interests" Board will meet at 1:00 p= July 12, action Is to provide combat crew train- for the above appointee Is enclosed. 1974. In the 7orest supervisor's Ingin theF-15 in terms Oface, of oeation and RSocea C. 33. MOReor, 103 W. Bill 'Williams Avenue, Wffiiaml, "WeXponl systems delivery. As the F-15 Secretaryof the Interior. Arizonv.

JFEERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20516 NOTICES The following items will be discussed: Docket number 74-00313-33-46500. ation in physical properties is very dif- 1. Results of 1974 Advisory Board Election. Applicant: University of Wisconsin, De- ficult." Acordingly, HEW advises In Its 2. Election of Advisory Board Chairman. partment of Anatomy, 1255 Linden respectively cited memoranda, that cut- 3. Designation of date for 1974 field day. Drive, Bardeen Medical Laboratories, ting speeds in excess of 4 mm/see are 4. Review Sycamore Management Plan. Madison, Wisconsin 53706. Article: Ul- pertinent to the satisfactory sectioning 5. Discussion of Havasupai-Rain Tank tramicrotome, Model Om U3. Manufac- of the specimen materials and the rele- Use. turer: C. Reichert Optische Werke AG, vant embedding materials that will be 6. Presentation of powerllne proposals. Austria. Intended use of article: The used by the applicants In theh respective 7. Review Williams Planning Unit Land Use Plan. article is intended to be used for studies experiments. 8. Presentation on provisions and manage- of biological materials, chiefly tissue For these reasons, we find that the ment implications of the Endangered and from the central nervous system of nor- Soivall Model MT-2B ultramicrotome is Threatened Species Conservation Act of 1973. mal and experimental animals. The not of equivalent scientific value to the morphology of nerve The meeting will be open to the public. ultrastructural foreign articles to which the foregoing cells and their processes will be investi- applications relate, for such purposes as Persons who wish to attend should no- gated. The experiments are concerned these articles are intended to be used. tify the Forest Supervisor, Kaibab Na- with the development of neuronal con- The Department of Commerce knows of tional Forest, P.O. Box 817, Williams, nections in the visual system. Application no other Instrument or apparatus of Arizona, telephone 635-4481. Written received by Commissioner of Customs: equivalent scientific value to any of the statements may be filed with the com- February 1, 1974. Advice submitted by mittee before or after the meeting. foreign articles to which the foregoing the Department of Health, Education, applications relate, for such purpmoes Those attending may express their and Welfare on: May 6, 1974. as these articles are intended to be used, views when recognized by the Chairman. Comments: No comments have been which Is being manufactured in the Dated: June 3, 1974. received with respect to any of the fore- United States. going applications. Decision: Applica- KEITH T. PFEFFERIE, (Catalog of Federal Domestic Arslstanco tions approved. No instrument or appa- Program No. 11.105, Importation of Duty- Forest Supervisor. ratus of equivalent scientific value to the Free Educational and Scientific Materlalu) [FR Doc.74-13307 Filed 6-10-74;8:45 am] foreign articles, for such purposes as these articles are intended to be used, is A. H. STUART, Director, DEPARTMENT OF COMMERCE being manufactured in the United States. Reasons: Each of the foreign articles Sjpecial Import Programs Division. Domestic and International Business provides a range of cutting speeds from [FR Doc.74-13353 Filed G-10-74,8:45 am] Administration equal to or less than 0.5 millimeters/ second (mm/sec) to equal to or greater EASTERN VIRGINIA MEDICAL SCHOOL METHODIST HOSPITAL OF INDIANA AND UNIVERSITY OF WISCONSIN than 10 mm/sec. The most closely com- INC. parable domestic instrument is the Consolidated Decision on Applications for Consolidated Decision on Applications for Model MT-2B ultramicrotome which is Duty-Free Entry of EMI Scanner Systems Duty-Free Entry of Ultramicrotomes manufactured by Ivan Sorvall, Inc. (Sor- The following Is a consolidated deci- The following is a consolidated de- vall). The Model MT-2B has a range of sion on applications for duty-free entry cision on applications fbr duty-free entry cutting speeds from 0.09 to 3.2 mm/sec. of EMI Scanner Systems pursuant to of ultramicrotomes pursuant to secti6n The conditions for obtaining high quality section 6(c) of the Educational, Scien- 6(c) of the Educational, Scientific, and sections that are uniform in thickness tific, and Cultural Materials Importation Cultural Materials Importation Act of depend to a large dxtent on the hardness, Act of 1966 (Public Law 89-651, 80 Stat. 1966 (Public Law 89-651, 80 Stat. 897) consistency, toughness and other proper- 897) and the regulations issued there- and the regulations issued thereunder as ties of the specimen materials, the prop- under as amended (37 PR 3802 ot seq.), amended (37 FR 3892 et seq). (See erties of the embedding materials and (See especially § 701.11(e).) especially § 701.11(e).) the geometry of the block. In connection A copy of the record pertaining to A copy of the record pertaining to each with a prior application (Docket No. 69- each of the applications In this consoli- of the applications in this-consolidated 00118-33-46500) which relates to the dated decision Is available for public decision is available for public review duty-free entry of an article in the cate- review during ordinary business hours of during ordinary business hours of the gory of instruments to which the fore- the Department of Commerce, at the Department of Commerce, at the Special going applications relate, the Depart- Special Import Programs Division, Office Import Programs Division, Office of Im- ment of Health, Education, and Welfare of Import Programs, Department of port Programs, Department of Com- (HEW) advised that "Smooth cuts are Commerce, Washington, D.C. 20230. merce, Washington, D.C. 20230. obtained when the speed of cutting, Docket number: 74-00312-90-90000. Docket number: 74-00328-33-46500. (among such [other] obvious factors as Applicant: Methodist Hospital of Indi- Applicant: Eastern Virginia Medical knife edge condition and angle), is ad- ana, Inc., 1604 N. Capitol Avenue, Indi- School, Department of Pathology, 358 justed to the characteristics of the ma- anapolis, Indiana 40202. Article: EMIX Mowbray Arch, Norfolk, Va. 23507. Arti- terial being sectioned." In connection Scanner. Manufacturer: EMI Limited, cle: Ultramicrotome, Model Om. U3. with another prior case (Docket No. 69- United Kingdom. Intended use of article: Manufacturer: C. Reichert Optische 00665-33-46500) relating to the duty- The article Is intended to be used in a Werke AG, Austria. Intended use of arti- free entry of an article in the same cate- teaching program which will involve in- cle: The article Is intended to be used gory as those described above, HEW ad- struction in the use of the machine and for the examination of cells, tissues, and vised that "The range of cutting speeds the significance of the information tissue cultures infected with viral agents; and a capability for the higher cutting generated. Research will be limited to studies on the ultrastructural mecha- speeds is ... a pertinent characteristic nonformal clinical research, In part6u- nisms of kidney disease, and a cytochemi- of the ultramicrotome to be used for sec- lar, studies to determine whether or not cal determination of the mechanisms tioning materials that experience has and to what degree the article will render controlling amylold deposition in duck shown difficult to section." In connection other studies redundant. Application tissues. The article will be used in an ad- with still another prior case (Docket No. received by Commissioner of Customs: vanced course in electron microscopy' 70-00077-33-46500) relating to the duty- January 28, 1974. Advice submitted by which will enable medical students and free entry of an article similar to those the Department of Health, Education, medical personnel to become highly pro- described above, HEW advised that and Welfare on: May 6,1974. ficient in the techniques of ultramicrot- "ultrathin sectioning of a variety of tis- Docket number: 74-00315-33-90000. omy. Application received by Commis- sues having a wide range in density, Applicant: Ralph K. Davies Medical sioner of Customs: February 11, 1974. hardness etc." requires a maximum Center, Castro & Duboce Streets, San Advice submitted by the Department of range in cutting speed and, further, that Francisco, California 94114, Article: EM Health, Education, and Welfare on: "The production of ultrathin serial sec- Scanner System. Manufacturer: hMI May 6, 1974. tions of specimens that have great var- Limited, United Kingdom. Intended use

FEDERAL REGISTER, VOL. 39; NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20517 of article: The article Is intended to be and Welfare advised in its respectively advised In Its memorandum dated May 7, used to investigate and diagnose a large cited memoranda that It knows of no do- 1974 that the capability to measure mo- variety of neurologic disorders, the most mestic instrument of equivalent scien- lecular weights of at least I0 Is pertinent common of which are cerebral vascular tific value to any of the articles to which to the applicant's intended research. accident (stroke) and brain tumors. The the foregoing applications relate for such NBS also advised that it knows of no article will also be used in the instruction purposes as these articles are intended domestic instrument of equivalent sci- of students and residents in the natural to be used. entific value to the foreign article for history of cerebral vascular accidents The Department of Commerce knows the applicant's intended use. and brain tumors, particularly where ra- of no other instrument or apparatus of (Catalog of Federal Domestic Assl3tance Pro- diation therapy and/or chemotherapy Is equivalent scientific value to any of the gram No. 11.105, Importation of Duty-Free involved. Application received by com- foreign articles to which the foregoing Educational and Scientific lMaterlals.) missioner of customs: January 31, 1974. applications relate, for such purposes as Advice submitted by the department of these articles are intended to be used, A. H. STuAr, Health, Education, Director, and Welfare on: May which Is being manufactured in the Special 6,1974. United States. Import ProgramsDivision. Docket Number:. 74-00319-33-90000. (Catalog of Federal Domestic Anlstanco Pro- IFP Doc.74A-13352 Fied 6-10-74:8:45 aml Applicant: University of California, San gram No. 11.105, Importation of Duty-Freo Francisco, 1438 South Tenth Street, Educational and Wcentiflo Materials.) M.I.T. HAYSTACK Richmond, California 94804. Article: OBSERVATORY EDAI Scanner System. Manufacturer: A. H. STuAT, Decision on Application for Duty-Free Entry EMI imited, United Kingdom. Intended Director, of Scientific Article Special Import ProgramsDivision. use of article: The article is intenfded to The following Is a decision on an appli- be used to obtain cross sectional pictures [FR Doc.74-13348 Plied -1-74;8:45 am] cation for duty-free entry of a scientific of the brain using noninvasive tech- article pursuant to section 6(c) of the niques. Patients with suspected brain ab- MIDLAND MACROMOLECULAR INSTITUTE Educational, Scientific, and Cultural Ma- normalities will be studied with the ar- terlals Importation Act of 1966 (Public ticle and the findings will be correlated Decision on Application for Duty-Free Entry Law 89-651, 80 Stat. 897) and the regula- with those of the standard neuroradio- of Scientific Article tions Issued thereunder as amended (37 logic and -isotopic diagnostic techniques. The following is a decision on an appli- FR 3892 et seq.). -This technique will be of educational cation for duty-free entry of a scientific A copy of the record pertaining to this value in teaching the anatomical details article pursuant to Section 6(c) of the decision is available for public review of the normal and abnormal brains in Educational, Scientific, and Cultural Ma- during ordinary business hours of the the transaxial tomographic mode. Ap- terials Importation Act of 1966 (Public Department of Commerce, at the Office plication received by Commissioner of Law 89-651, 80 Stat. 897) and the regu- of Import Programs, Department of Customs: February 12,1974. Advice sub- lations issued thereunder as amended (37 Commerce, Washington, D.C. 2023. mitted by the Department of Health, Ed- FR 3892 et seq.). Docket number: 74-00219-00-41200. ucation, and Welfare on: May 6, 1974. A copy of the record pertaining to this Applicant: M.LT. Haystack Observa- Docket number: 74-00324-33-90000. decision is available for public review tory, E18-360, Cambridge, MA 02139. Ar- Applicant: Broward General Medical during ordinary business hours of the ticle: Varian CW Klystron VRE-2102A49. Center, Neurological Sciences Building, Department of Commerce, at the Ofilce Manufacturer: Varian Associates of Can- Fort Lauderdale, Fla. 33316. Article: EMI of Import Programs, Department of ada, Ltd., Canada. Intended use of ar- Scanner System Manufacturer: EMI Commerce, Washington, D.C. 202230. ticle: The article s intended to be used Limited, United Kingdom. Intended use Docket number: 73-00253-01-56030. as a component part of a K-band maser of article: The article is intended to be Applicant: Midiand Macromolecular In- microwave radiometric receiver used at a used in a computerized axial tomography stitute, a Division of the Michigan Foun- radio radar observatory engaged in radio study of-patients with varied neurologi- dation for Advanced Research, 1910 West spectral line studies. cal diseases involving brain tissue. Such St., Andres, Drive, Midland, MI 48646. Comments: No comments have been diseases as tumors, strokes and atrophic Article: Molecular weight apparatus, received with respect to this application. disorders will be studied. The objectives Model 117. Manufacturer: Nissei-Sangyo Decision: Application approved. No in- * of this research will be to identify and Co., Ltd., Japan. Intended use of article: strument or apparatus of equivalent sci- store pertinent disease data for compari- The article is intended to be used to entific value to the foreign article, for son and use with other patients to pre- make measurements of solutions serve and save lives. The article will of vari- such purposes as this article is intended also ous concentrations at various tempera- to be used, Is being manufactured In the be available for study under supervision tures during studies to obtain a better United State. by neurological residents at the Univer- understanding of properties of high Reasons: The foreign article is to be sity of Miami Medical School to familiar- molecular weight Ize the student with usefulness of the compounds and deter- used as a compatible component to a equipment in neurology. gents. Specifically, in the high molecular microwave receiver. The article provides Application re- weight compound study to Investigate the capability of at least 500 mflliwatts ceived by Commissioner of Customs: how the solution behavior February 7, 1974. Advice submitted by influences film output at frequencies above 50 gigahertz. the Department of Health, Education, and fiber formation from solution and in The National Bureau of Standards and Welfare on: May 6, 1974. the detergent study to investigate the (NBS) advised In its memorandum dated Comments: No comments have been solubilization of different compounds. May 6, 1974 that the capability described received with respect Comments: No comments have been to any of the fore- received with respect to this application. above is pertinent to the purposes for going applications. Decision: Applica- which the article is intended to be used. tions approved. No instrument or appa- Decision: Application approved. No in- ratus of equivalent scientific value to the strument or apparatus of equivalent sci- NBS also advised that It knows of no do- foreign articles, for such purposes as entific value to the foreign article, for mestic instrument or apparatus of equiv- these articles are intended to be used, such purposes as this article is intended alent scientific value to the foreign is being manufactured in the United to be used, is being manufactured In the article for the applicant's intended use. United States. States. Reasons: Each foreign article is a (Catalog of Federal Dom-stic Ale.ance Pro- newly developed system which is designed Reason: The foreign article can meas- ure molecular weights of at least 10'. The gram 1No. 11.105, Importation of Duty-Free to provide precise transverse axial x-ray Educational and Szlentiflc 2aterials.) tomography. We find that the speed ac- most closely comparable domestic instru- curacy of each article is pertinent to the ment, the Model 300 series manufactured A. H. SrRT, purposes for which each of the foreign by Mechrolab, does not measure molecu- Director, articles cited above is intended to be used. lar weights above the order of 2 x 10. The Special Import ProgramsDivision. The Department of Health, Education, National Bureau of Standards (NB.S) IF Dac.7-1-l 347 FIled 6-10-74;8:45 ami

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20518 NOTICES STANFORD UNIVERSITY A copy of the record pertaining to this scientific value for the purposes for Decision on Application for Duty-Free Entry decision is available for public review which the article is intended to be used 1i of Scientific Article during ordinary business hours of the being manufactured in the United States. Department of Commerce, at the Office Such comments must be filed In tripli- The following Is a decision on an, ap- of Import Programs, Department of cate with the Director, Special Import pliction for duty-free entry of a scien- Commerce, Washington, D.C. 20230. Programs Division, Office of Import Pro- tific article pursuant to section 6(c) of Docket Number: 74-00316-00-46070. grams, Washington, D.C. 20230, on or be- the Educational, Scientific, and Cultural Applicant: State University of New York fore July 1, 1974. Materials Importation Act of 1966 (Pub- at Buffalo, 3435 Main Street, Buffalo, Amended regulations issued under lic Law 89-651, 80 Stat. 897) and the New York 14214. Article: Accessories to cited Act, as published in the February regulations Issued thereunder as JSM U3 Scanning Electron Microscope 24, 1972 issue of the FraMAL RrMaTxrn, amended (37 FR 3892 et seq.). Anti-Contamination Device, Solid Pair prescribe the requirements applicable A copy of the record pertaining to this Detector and Specimen Heating Device. to comments. decision Is available for public review Manufacturer: JEOL Ltd., Japan. In- A copy of each application Is on file, during ordinary business hours of the tended use of article: The articles are and may be examined during ordinary Department of Commerce, at the Office accessories to an existing scanning elec- Commerce Department business hours at of Import Programs, Department of tron microscope being used for research the Special Import Prograns Division, Commerce, Washington, D.C. 20230. and instructional functions on the cam- Department of Commerce, Washington, Docket Number: 73-00479-00-77040. pus In engineering and In biological D.C. 20230. Applicant: Stanford University, 330 sciences. Specific applications of these Docket number: 74-00469-33-46040. Bonair Siding Road, Stanford, Calif. accessories are as follows: Applicant: Trenton State College, De- 94305. Article: Fast adiabatic passage Anti-contamination Device-Prevents partment of Biology, Trenton, New Jer- RF transition unit. Manufacturer: contamination of the specimens during sey 08625. Article: Electron Mlcroscopo, Auckland Nuclear Accessory Co, Ltd, electron bombardment Model HS-9. Manufacturer: Hitachi Ltd., New Zealand. Intended use of article: Specimen heating device - Permits Japan. Intended use of article: The arti- The article is to be a component on the maintaining the temperature of the cle Is intended to be used as a teaching Stanford polarized ion source and will be specimen under observation at elevated and research tool. A wide variety of bio- used to study "spin-dependent" effects of levels (up to 450' C) necessary to study logical tissues will be examined from nuclear forces and properties of nuclear many metallurgical phenomena that are many organisms Including bacteria, al- states. The article will also be used for thermally activated. gae, invertebrates and vertebrates. In education of graduate students in Solid Pair Detector-Separates the most instances, tissues will be examined physics. microscopic Image Into two images. following embedding in plastic and thin Comments: No comments have been Comments: No comments have been sectioning. Usually the goal will be to received with respect to this application. received with respect to this application. elucidate the ultrastructural component, Decision: Application approved. No Decision: Application approved. No of this tissue In question, In come In- Instrument or apparatus of equivalent instrument or apparatus of equivalent stances, tissues may have been previously scientific value to the foreign article, scientific value to the foreign article, for treated either in vivo or in vitro with ex- for such purposes as this article is in- such purposes as this article is intended perimental drugs or antibiotics. Appli- tended to be used, is being manufactured to be used, is being manufactured in the cation received by Commissioner of In the United States. United States. Customs: May 13, 1974. Reasons: The application relates to a Reasons: The application relates to Docket number: 74-00470-33-46040. compatible accessory for an instrument compatible accessories for an instrument Applicant: State University of New York, that had been previously imported for the that had been previously Imported for Health Sciences Center, Stony Brook, use of the applicant institution. The ar- the use of the applicant institution. The New York 11790. Article: Electron Micro- ticle is being furnished by the manufac- article is being furnished by the manu- scope, Model EM 301. Manufacturer: turer which produced the instrument facturer which produced the Instrument Philips Electronic Instruments lNVD, The with which the article is intended to be with which the article is intended to be Netherlands. Intended use of article: The used and Is pertinent to the applicant's used, and is pertinent to the applicant's article is Intended to be used for the fol- purposes. purposes. lowing research projects: The Department of Commerce knows The Department of Commerce knows (A) The physical structure of bacterial of no similar accessory being manufac- of no similar accessory being manufac- plasmids (such as the so-called sex factor tured In the United States, which is inter- tured In the United States, which is in- F and the resistance factor n responsible changeable with or can be readily terchangeable with or can be readily for multiple resistance In B. coUi K-12) adapted to the instrument with which the adapted to the instrument with which will be derived from electron microscopic foreign article is Intended to be used. the foreign article is intended to be used. studies to determine the mapping of the functional sites and/or sequences (Catalog of Federal ]Domestic Assistance (Catalog of Federal Domestic Assistance Pro- In- Program No. 11.105, Importation of Duty- gram No. 11.105, Importation of Duty-Free volved in specialized recombination of Free Educational and Scientific Materials.) Educational and Scientific Materials.) such plasmids with bacterial chromo- somes. These studies will lead to a basio A. H. STUART, A. H. STUART, undertanding of the general mechanisms Director, Director, of gain and loss of genetic material. SpecialImport ProgramsDivision. Special Import ProgramsDivision. (B) The extent to which structural [FR Doc.74-13350 Filed 6-10-74;8:45 am] [FA Doc.74-13349 Filed 6-10-74;8:45 am] elements may direct the biological func- tion of ribonucleic acids of mammalian viruses and cells will be determined. This STATE UNIVERSITY OF NEW YORK AT TRENTON STATE COLLEGE ET AL BUFFALO research Involves the sequence determi- Applications for Duty-Free Entry of nation or defined segments of polio virus Decision on Application for Duty-Free Entry Scientific Articles RNA according to established procedure,. of Scientific Article The results obtained by these studies will The following are notices of the receipt help in the understanding of the struc- The following is a decision on an ap- of applications for duty-free entry of sci- plication for duty-free entry of a scien- ture and function of host cell nucleic tific entific articles pursuant to section 6(c) article pursuant to section 6(c) of of the Educational, Scientific, and Cul- acids. the Educational, Scientific, and Cultural tural Materials Importation, Act of 1966 (C) A study of the uptake of vaccinia Materials Importation Act of 1966 virus In mammalian cells will be under- (Public Law 89-651; 80 Stat. 897). n- taken as part of a study of the synthesis (Public Law 89-651, 80 Stat. 897) and the terested persons may present their views and transport of messenger-RNA by vac- regulations Issued thereunder as with respect to the question of whether cina virus. This research will involve the amended (37 FR 3892 et seq). an instrument or apparatus of equivalent use of electron microscopy to character-

FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20519 ize the mechanisms of viral uptake. This of particles, and remote sensing studies. stes and/or sequences involved n spe- investigation into the molecular biology 4. Ultrastructure of naturally occur- clalized recombination of bacterial of animal virus replication undertakes ring indigenous aquatic species e.g., plasmids (such as the so-called sex fac- to determine how animal viruses conduct microbial populations, phytoplankton, tor F and the resistance factor R re- and control their replication cycle and zooplankton and benthie invertebrates. sponsible for multiple resistance In H. possibly will aid in understanding how 5. Ultrastructure studies useful for coiL X-12) with bacterial chromosomes. the more complicated eukaryotic cell per- classification and taxonomy of diatoma- The extent to which structural elements forms similar functions. ceous populations, phytoplankton groups may direct the biological functions of (D) Investigation into aspects of ribo- and perlphyton communities. rlbonucleio acids of mammalian viruses some function and structure, such as par- 6. Studies on trace metal uptake from and cells will be determined. This re- ticle surface structure, is the objective fine-particles by indigenous biological search Involves the sequence determina- of another line of research. Current work species. tion of defined segments of polio virus involves a study of the binding of the 7. Studies of sedimentary pollen anal- RNA according to established proce- antibiotics tetracycline and streptomycin ysis with particular reference to ect- dures. The results obtained by these to the ribosome. Electron microscopy exine substructure and diatom stratig- studies ill help to Understand the shall be performed on native and modi- raphy as a method of assay of eutrophi- structure and function of hosmt cell nu- cation levels. cleic acids. A study of the uptake of fied particles to determine the nature of cells will the structural changes. Such informa- Application received by Commissioner vaccinla virus in mammalian tion will be instrumental in understand- of Customs: May 13,1974. be undertaken as part of a study of the Docket number: 74-00473-33-90000. synthesis and transport of messenger- ing the mechanism and regulation of virus. Investigation protein synthesis. Applicant: Delaware Valley Neurosurgi- RNA by vaccinia cal Association, C-Ill Episcopal Hospital, into aspects of ribosome function and (E) The absorption process of the bac- struc- teriophage P22 will be investigated using Front Street and Lehigh Avenue, Phila- structure, such as particle surface delphia, Pa. 19125. Article: ELI Scanner ture, is the objective of another line of a variety of mutants of this phage and (a) the electron microscope. This investiga- System. Manufacturer: EMI Limited, research. Other research includes: United Kingdom. Intended use of article: Investigation of the absorption process tion will determine the function of the P22 using a variety using The article is intended to be used to non- of the bacteriophage genes defined by the mutations, invasively study the brain anatomy in of mutants of this phage and the elec- electron microscopic studies and classi- tron microscope and (b) an active line techniques. This research will cerebral neurological causes by computer cal phage assisted axial tomography. The article of research concerned with the structure provide basic information on the struc- and synthesis of the nucleic acids, espe- function of the regulatory genes will also be used in training radiology, ture and neurology, and neurosurgical residents. chilly the properties of the circular of P22. Application received by Commissioner DNA's. (F) Research involving the special of Customs: May 13, 1974. In addition the article will be used to structural properties of circular DNA, Docket number: 74-00474-33-46040. teach the methodology and techniques single-stranded breaks in the molecule, Applicant: Veterans Administration of using an electron microscope for and detailed analyses of the tertiary Hospital, 4500 South Lancaster Road, visualization of extremely small cellular structure of DNA superhelices. The ar- Dallas, Texas 75216. Article: Electron components, and how to extend the re- ticle will also be used in the following Microscope, Model ELI 301. Manufac- sults of these techniques to the possible courses to teach students the methodol- turer: Philips Electronic Instruments solution of research problems. Applica- ogy and techniques of using an electron NVD, The Netherlands. Intended use of tion received by Commissioner of Cus- microscope for visualization of extremely article: The article is intended to be used toms: May 14, 1974. small cellular components, and how to for high resolution studies of membrane Docket number: 74-00476-33-46500. extend the results of these techniques to architecture to understand the molecular Applicant: State University of New the possible solution of research organization of biological membranes York, School of Basic Health Sciences, problems: and related structures in terms that will Health Sciences Center, Stony Brook, Research project in Microbiology explain their cellular functions. Another New York 11790. Article: Utramlcro- Experimental Microbiology area of study will relate to the behavior tome, Model T 8800A and accessories. Graduate Research of cancer cells. Conventional thin section Manufacturer: LB Produkter AB, Microbial structure and function and freeze etching electron microscopy Sweden. Intended use of article: The Introduction to Electron Microscopy Advance Methodology in Electron Microscopy will be utilized In the study of islet cells, article is intended to be used to obtain Introduction to Ultrastructure their membranes and subcellular com- thin sections for high resolution elec- Problem Course in Electron Microscopy ponents. The morphology of the islet cell tron microscopy in a variety of studies membranes of the diabetic verses the in smooth and striated muscle of both Application received by Commissioner nondiabetic islets of Langerhans will be vertebrate and invertebrate specimens, of Customs: May 13, 1974. studied in the hope of Identifying the ultrastructure of membrane and central Docket Number: 74-00472-90-46040. underlying defect which may well be nervous system and other cells and tis- Applicant: U.S. Environmental Protec- morphologic. Other studies of hepatic sues. Investigations will involve spe- tion Agency, National Water Quality lysosomal responses to islet cell hormones cifically ultrastructure of frog iris, Lab., 6201 Congdon Blvd., Duluth, Min- in diabetes and other catabolic disorders, structural changes in shortening of nesota 55804. Article: Electron Micro- as well as' continuation of studies of striated muscle from horseshoe crab and scope, Model JEM 100C with scanning capillary basement membrane thicken- other marine specimens, fine structure attachment and accessories. Manufac- ing In diabetes will also be carried out of mammalian spinal cord, morphology turer: JEOL Ltd., Japan. Intended use by electron microscopy. Application re- of a maternally transmitted infectious of article: The article is intended to be ceived by Commissioner of Customs: sex ratio organism in Drosophila, and used for the study of cellular ultrastruc- May 14, 1974. anatomcal organization of avian brain. ture in a wide variety of applications Docket number: 74-00475-33-46040. Information obtained through research which include the following: Applicant: State University of New is incorporated into teaching material 1. Fine particle analysis of asbestiform York, Health Sciences Center, Stony for medical, dental, nursing and allied fibers in naturally occurring aquatic and Brook, New York 11790. Article: Elec- health students as well as graduate and biologic systems. tron Microscope, Model ENT 201C with undergraduate research course work, or 2. Study of macromolecular structure side entry gonlometer stage. Manufac- whenever it can provide clarification turer: Philips Electronic' Instruments contribution of new data. In addition, of purified proteins. postdoctoral fellows, graduate and un- 3. Fine particle analysis of naturally NVD, The Netherlands. Intended use of dergraduate students in elective re- occurring materials in Western Lake Su- article: The article is intended to be search projects are trained in techniques perior with respect to on-going physical used for research in the following proj- and applications of the instruments. Ap- studies involving water transport, red ects: Electron microscopic studies to plication received by Commissioner of clay turbidity, light scattering properties determine the mapping of the functional Customs: May 15, 1974.

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20520 NOTICES

Docket Number: 74-00477-33-46500. (Moses). The Moses instrument does not (3) 5999 Independent Study and Re- Applicant: University of South Alabama, provide a capability for operation at liq- search-Pathology, Small Animal Path- College of Medicine, Department of Anat- uid-nitrogen temperatures. The National ology. omy, 307 Gaillard Drive, Mobile, Alabama Bureau of Standards advised in Its mem- (4) 606 Veterinary Pathology-involv- 36688. Article: Ultramicrotome, Model orandum dated May 9, 1974 that the ca- Ing variable routine and investigative LKB 8800A and accessories. Manufac- pability of operation at liquid-nitrogen work in general and special veterinary turer: LKB Produkter AB, Sweden. In- temperatures is'pertinent to the appli- pathology. tended use of article: The article will be cant's purposes. NBS also advised that It All the courses are related to the study used in studies of biological materials knows of no domestic instrument of of disease and concern themselves with with applications of specialized tech- equivalent scientific value to the foreign such aspects relevant to the etiology- niques to exhibit normal and pathologi- article for the applicant's intended use. cause and pathogenesis-mechanism cal structures, e.g., histochemistries and (Catalog of Federal Domestic Assistance Pro- and effects--morphology or structural immunological labeling, at a subcellular gram No. 11.105, Importation of Duty-FPee changes of disease. The article will also level. Specimens for these studies will Educational and Scientific Materials,) be used for conventional training on- be from both human biopsies and experi- abling students to learn and understand mental animals. Application received by A. H. STuART, Director, the techniques, and value of electron Commissioner of Customs: May 15, 1974. Special Iniport Programs Division. microscopy. Application received by (Catalog of Federal Domestic Assistance Pro- Commissioner of Customs: May 7, 1974. gram No. 11.105, Importation of Duty-FTee I[FR Doc.74-13351 -Filed 6-10-74;8:45 am] Docket number: 74-00461-33-46040 Educational and Scientific Materials.) Applicant: Florida State University, De- A. H. STUART, UNIVERSITY OF PENNSYLVANIA ET AL partment of Biological Sciences, Talla- Director, Applications for Duty-Free Entry of hassee, Florida 32306. Article: Electron Special Import ProgramsDivision. Microscope, Model EM 201. Manufac- Scientific Articles turer: Philips Electronic Instruments, [FR Doc.74-13346 Filed 6-10-74;8:45 am] The following ure notices of the receipt The Netherlands. Intended use of article: of applications for duty-free entry of sci- The article is intended for the following UNIVERSITY OF HAWAII entific articles pursuant to section 6(c) research projects: of the Educational, Scientific, and Cul- (1) The study of synaptogencsls in Decision on Application for Duty-Free Entry tural Materials Importation Act of 1966 of Scientific Article the developing nervous system of (Public Law 89-651; 80 Stat. 897). In- cephalopods. The following is a decision on an appli- terested persons may present their views (2) High resolution autoradlography cation for duty-free entry of a scientific with respect to the question of whether for the study of the neurogenetic pat- article pursuant to section 6(c) of the an Instrument or apparatus of equivalent 'terns In the olfactory system of frog and Educational, Scientific, and Cultural Ma- scientific value for the purposes for rat. terlals Importation Act of 1966 (Public which the article Is intended to be used (3) Ultrastructural studies on the do- Law 89-651, 80 Stat. 897) and the regu- Is being manufactured In the United generative-regenerative patterns In the lations isued thereunder as amended (37 States. Such comments must be filed In olfactory system of frog and rat. FR 3892 etseq.). triplicate with the Director, Special Im- (4) The comparative ultrastructiral A copy of the record pertaining to this port Programs Division, Office of Im- make up of the vertebrate olfactory decision Is available for public review port Programs, Washington, D.C. 20230, mucosa. during ordinary business hours of the on or before July 1, 1974. (5) Interreceptor contacts in the ol- Department of Commerce, at the Office Amended regulations Issued under factory mucosa of mammals. of Import Programs, Department of cited Act, as published In the Feb- (6) Study of sensory structures In Commerce, Washington, D.C. 20230. ruary 24, 1972 issue of the FEDERAL Schistosome clcariae. Docket number: 74-00118-01-59400. REGISTER, prescribe the requirements ap- - (7) Ultrastructural studies of degen- Applicant: University of Hawaii, Chem- plicable to comments. erative patterns in the thalamle nuclei istry Department, 2545 The Mall, Hono- A copy of each application is on file, of cat. lulu, Hawaii 96822. Article: Quantum and may be examined during ordinary (8) Morphology and ultrastructuro of Yield Photoreactor. Manufacturer: Ap- Commerce Department business hours at. Bacillariophytes. plied Photophysics Ltd., United King- the Special Import Programs Division, (9) 'Ultrastructural studies of axon dom. Intended use of article: The for- Department of Commerce, Washington, membranes in different functional con- eign article Is intended to be used to D.C. 20230. ditions. study photochemistry of unsaturated Docket number: 7-00453-99-46040. (10) Chemical and electrical synaptic 'organic hydrocarbons. Specifically, the Applicant: University of Pennsylvania, contacts in the taste buds of rat. efficiency of reaction at different tem- School of Veterinary Medicine, 3800 (11) Fine structure of the capitular peratures (lower than room tempera- Spruce Street, Philadelphia, Pa. 19174. fiaments of the coenocytic green alga ture) will be examined. It is intended to Article: Electron Microscope, Model EM Penicillus capitatus; Fine structural as- investigate usually thermally stabile but 9S-2. Manufacturer: Carl Zeiss, West pects of the development of Juvenilo photochemically labile materials. The Germany. Intended use of article: The plants in Penicillus capitatus; and Fine major type of reaction to be examined Is 'article is Intended to be used for teach- structure of the fungus-alga assoclation. geometric somerization and the primary ing veterinary pathology to second year In CladophoraFuliginosa. objective is to determine the energy bar- students and graduate veterinarians The article will also be used In the rier In photochemical reactions or other pursuing both resident training pro- following teaching programs: photophysical processes. grams in pathology and doctoral train- (1) BIo 339-Submlcroscoplo anatomy Comments: No comments have been ing programs. The courses include the of vertebrates organs and tissues. received with respect to this application. following: (2) Blo 406-Neuroblology. Decision: Application approved. No In- (1) 5001 Pathology-concerned with (3) Blo 60--Advanced Neurology. strument or apparatus of equivalent sci- those basic principles of cell and tissue Application received by Commissioner entific value to the foreign article, for reaction to disease and those aspects of of Customs: May 9,1974. such purposes as this article Is intended systemic pathology believed necessary for Docket number: 74-00467-33-46040. to be used, is being manufactured In the a student planning a career In practice, Applicant: Mayo Foundation, 200 First United States. teaching or research. Street Southwest, Rochester, Minnesota (2) 5401 Small Animal Pathology-- 55901. Article: Electron Microscope, Reasons: The foreign article provides Model EM 201. Manufacturer: Phillp the capability of operation at liquid-ni- presentation of the fundamentals of trogen temperatures. The most closely systematic pathology reyelant to small Electronic Instruments, The Nether- .comparable domestic instrument is man- animal practice involving the dog and lands. Intended use of article: The article ufactured by the Moses Company cat. is intended to be used for studies of blo-

FEDERAL REGISTER, VOL 39, NO. 113-"UESDAY, JUNE 1T, 1974 NOTICES 20521L logical materials consisting of human poltan OMce, 5821 N.. Gltsan Street. P.O. 9. PHWA Regional Offce-PRegion 10, Room and experimental animal tissues, both Box 13160, Portland, Oregon 97213. 301 Mohawk BuildIng. 222 S.W. Morrison normal and pathological; mammalian ,3. Oregon State Highway Division, Rgion StrWe Portland, Oregon 97204. I Oflice, 9200 McLoughlin Blvd. P.O. Box 10. U.S. Department of Transpotason, cells grown in tissue culture under a va- 02157, Portland, Oregon 97202. Federal Highway Administration, Envron- rietY of experimental conditions; sub- 4. Oregon State Highway Division. Region mental Development ]triion, Hassaf Build- cellular fractions; and v preparation. II Ofce, 206 E. Salem Highway Buildng. ing-Room 3246, 400-7th Street S.W, Wash- Experiments to be conducted will include P.O. Box 30, Salem, Oregon 97310. Ington, D.C. 20590. an examination of the normal behavior 5. Oregon State Highway Dlvislon..Eeglon and structure cells in culture and tissues; III Office, 1523 SE. Cobb Strect, P.O. Box Comments from interested groups and the localization of specific suboellular 1128, Roseburg, Oregon 97470. the public on the proposed Action Plan sites of interaction of inducing or trans- 6. Oregon State Highway Division. Region are invited. Comments should be sent to forming chemicals utilizing electron mi- 1V Omce, The Dalles-Callfornia Highway, the FHWA Regional Office shown above P.O. Box 1249. Bend. Oregon 97701. before July 3,1974. croscope autoradiography; and an ex- 7. Oregon State Highway Division. Region amination of induced acute and V Office, 2111 Adams Avenue, P.O. Box 850, Issued on June 5,1974. long-term functional and structural Salem, Oregon 97850. NoaxmL= T. TmwrwN, alterations. In addition the article will 8. Oregon Division OMice--.HWA, Standard be used in the course "Introduction to Insurance Building. 477 Cottage Street, N.E, FederalHglrway Administrator. Trans ion Electron Microscopy," Salem, Oregon 97308. [M Doc.74-13325 Piled 6-10-74;8:45 am] which is concerned with methodology and will include an introduction to prep- aration of tissue, cells, and subcellular Hazardous Materials Regulations Board fractions for thin sectioning; cytocheml- cal techniques, electron microscope TRANSPORTATION OF HAZARDOUS MATERIALS autoradiography; use of the electron Special Permits Issued microscope; and photographic proce- dures. Application received by Commis- Pursuant to Docket No. EM-, Rule-maknlg procedures of the Hazardous ma- sloner of Customs: May 1,1974. terials Regulations Board, issued May 22, 1968 (33 PIL.8277) 49 CFR 170, following Is a list of new DOT Special Permits upon which Board action was completed during (Catalog of Federal Domestic Assistance May 1974: Program No. 11.105, Importation of Duty- Mre Educational and Sclentific Materials.) special M-adawrmndes A. H. STUART, I-ma to-Sub~et o Director, permtNo. trnpcta Specid Import ProgramsDivision [FR Doc.74-13354 led C-10-74;8:45 n] GM7 Z. L daPootdo Neinour& Co, n. Wflmlnto Del. to ship nonflammab~ comn- 31toreb~cl, pressed ps a In non-DOT Sp UlOA' tank ewatanks. raftewih 6S7 Parker Company, Detroit, Mlcb.. to aip mtaln cocrorve lquldainDOT Spedaca. Motor v@Whla, Uon 5 drums, and In tainl steel draums a crsly marked, ri freght. DEPARTMENT OF 6880 Amchem Products, Ino., Amblr, Pa, to 52pcerainoxt d Ina DT e MOorrai.ck, TRANSPORTATION 1lcatlon U7steel portable t-1- conslut l not reactbwt dangar. ralifreight. ously with orbe dcomposed by the commodity. 88S1 PPG Industrier Ine., Pttburgb, Pa., to rhp patandn tL aniable tIpds Mdto' c. Federal Highway Administration iaDOT Opw!1ktico2m~mzram potable tanks oswdue icrtt,an lmnum ralfteit STATE OF OREGON'S PROPOSED ACTION potable tanks having 575 go cSpICItY. G82 Alle Cemical Corporation. MerrrriWn. N.7 to s5i111P lt~oiehn MoxtehLTis PLAN In a steel portable tank constructed In ;&;5no with the ASME Code, Sectio VIII. Div. L. Availability for Review 6334 MSA Ilceardi Corporaion. Evans City. P. to Bhi ) Intallz140.otawinsouiolrm Motor vehrie. In 30-:alloa DOT Spociftcslon510 statnlea uteeId g15 arun. The Oregon Department of Transpor- M TRW Systems Group, Redondo Beach. CaIIL, to p 1Helum-RadIo-actly davIcat Motor vehL-1a tation has submitted to the Federal In a non DOT BSpoeatilon Incoael 713 onreaMtb pramur vYeseL Highway Administration of the U.S. De- partment of Transportation a proposed Action Plan as required by Policy and Aux I. RomaTs, Procedure Memorandum. 90-4 issued on Secretary. June 1, 1973. The Action-Plan outlines. [PR DO.74-133=1 Plied 6-10-74;8:45 am] the organizational relationships, the as- signments of responsibility, and the pro- WILLIAM M. BENKERT in Docket Nb. EM-1; Amendment No. cedures to be used by the State to assure Designation as Board Member 170-1 (36 FR 16658) and in a Notice of that economic, social and environmental Change of Members published August 13, effects are fully considered in developing By Departmental Order 1100.11 dated 1971 (36 FA 15134). The purpose of this highway projects and that final decisions July 27, 1967, and superseded by Order notice is to publish a change in the des- on highway projects are made in the best 1120.10A dated December 11, 1972. there ignation of the Coast Guard member overall public interest, taking into con- was established within the Department which has taken place. sideration: (1) Needs for fast, safe and of Transportation a Hazardous Mate- The Commandant, US. Coast Guard, efficient transportation; (2) public serv- rials Regulations Board. A notice ap- on May 7, 1971. designated the Chief, ices; and (3) costs of eliminating or mini- peared In the FzzL Rzasrir (32 FR Ofice of Merchant Marine Safety as his mizing adverse effects. 14569), announcIng the establishment of dele.ated reprezentative for membership The proposed Action Plan is available this Board and listing the names of the on the Board. Rear Admiral William P. for public review at the following loca- Departmental representatives serving on Res I was serving and has served since tions: the Board. That notice stated that any that time as Chief, OMce of Merchant Ma--ine Safety and consequently, as the I. Oregon State Highway Division, Public changes and additions in the designa- Affairs Office, 104 State Highway Building Coast Guard member on the Hazardous Salem, Oregon 97310. tions and authorities would be published Materials Regulations Board. On May 28. 2. Oregon -State Highway Division, Metro- as made. Such changes were published 1974, the Commandant of the Coast

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 ZiTo. I13--1t I---- 20522 NOTICES

Guard advised the Chairman of the tions in a manner that will preclude un- May 10, 1974. All of these are available Board that effective June 3, 1974, Rear safe conditions when such materials are for public inspection at the Commis- Admiral William M. Benkert would re- carried aboard aircraft? sion's Public Document Room, 1717 H lieve the incumbent and assume the post Prior documentation concerning the Street, NW., Washington, D.C., and at of Chief, Office of Merchant Marine views of interested persons would be es- the Government Publication Section, Safety. Simultaneously, effective on the pecially helpful for this conference. Ac- State Library of Pennsylvania, Box 1601 same date, the Commandant designated cordingly, it is requested that the De- (Education Building), Harrisburg, Rear Admiral William M. Benkert as the partment be furnished a statement of Pennsylvania. Coast Guard member of the Hazardous interested persons containing their views A copy of Items (2), (3) and (4) may Materials Regulations Board. as to the dimensions of the problem of be obtained upon request, addressed to Issued in Washington, D.C., on June 5, hazardous materials shipment particu- the United States Atomic Energy Com- 1974. larly, and the most effective solutions of mission, Washington, D.C. 20545, Atten- ALAN I. ROBERTS, the problems which have been identified. tion: Deputy Director for Reactor VroJ- Secretary, Hazardous Such statements should be transmitted ects, Directorate of Licensing-Regula- MaterialsRegulations Board. to the Office of Hazardous Materials, De- tion. partment of Transportation, Washing- [FR Doc.74-13323 Fled 6-10-74;8:45 am] Dated at Bethesda, Maryland, this 4th ton, D.C. 20590, not later than August 1, day of June 1974. 19747. Persons desiring to participate and Office of the Secretary to receive subsequent documentation For the Atomic Energy Commission. TRANSPORTATION OF HAZARDOUS which may be considered at the confer- A. ScnwNcEn, MATERIALS IN AIR COMMERCE ence are requested to notify the Depart- Chief, Light Water Reactors ment at the above address not later than Branch 2-3, Directorate of Notice of Conference August 1, 1974. A detailed agenda of the Licensing. Interested persons are invited to par- conference will be distributed to persons [Fn Doc.74-13285 Filed 6-10-74;8:45 am] ticipate in a public conference to be held intending to participate by August 22, by the Department of Transportation on 1974. October 2nd to discuss what can be done BENJADIIN 0. DAVIS, NUCLEAR PROPULSION SYSTEMS FOR to improve on the safe transportation Assistant Secretary for Environ- MERCHANT SHIPS of hazardous materials shipments 'via ment, Safety and Consumer Notice of Consideration 9 a.m. aircraft. The conference will begin Affairs. Notice is hereby given that the US. and will be held at the Shoreham Ameri- [FR Doe.74--13535 Filed 6-7-74;4:34 pm] cana Hotel, Washington, D.C. Atomic Energy Commission (the Com- Our purpose in conducting the con- mission) has received a Preliminary ference is to review the growing concern ATOMIC ENERGY COMMISSION Safety Evaluation Report (PSAR) for the Competitive Nuclear Merchant Ship of the Congress and the Department of [flocket No. 50-289) Transportation with respect to the car- Program from the United States De- riage of hazardous materials and to ex- METROPOLITAN EDISON CO. ET AL partment of Commerce, Maritime Ad- ministration (MarAd), which is con- plore with interested persons the need issuance of Facility License Amendment for more definitive action. Recent expe- cerned with the possession, use and rience in the transportation of hazardous Notice is hereby given that the U.S. operation of pressurized water nuclear materials and evidence of- non-compli- Atomic Energy Commission (the Com- reactors (the facilities) in the propulhion ance with applicable standards for pack- mission) has issued Amendment No. 2 to system of merchant ships. Each unit aging, labeling, documentation and han- Facility Operating License No. DPR-50 would operate at steady-state power dling of such materials, has given rise issued to Metropolitan Edison Company, levels not to exceed 315 megawatts to varied recommendations for legisla- Jersey Central Power and Light Com- thermal. The Commission will consider tive and regulatory actions. Some recom- pany and Pennsylvania Electric Com- whether there are any essential Issues mended actions include proposed restric- pany, which revised Technical Specifi- which would preclude the licensing of tions concerning the acceptability of cations for operation of Three Mile such facilities under existing Commis- such products for transportation by air- Island Nuclear Station, Unit 1, located in sion Regulations. craft, particularly when the carriage of Dauphin County, Pennsylvania. The These ships are to be ovmed and op- passengers is also involved. amendment is effective as of its date of erated by one or more major shipping issuance. firms which have not yet been Identified. We desire to consider the need for fur- The nuclear powered ships will be op- ther refinement of Federal Regulations The amendment permits plant warm- taking into account the feasibility of de- up and low power (<5%) testing with erated from the United States of Amer- one emergency feedwater pump disabled. ica to ports of call to be identified by the veloping new mechanisms for industry owner/operator. Should the This amendment relates to radiologi- surveillance and self-policing. cal safety matters previously considered' The PSAR Is concerned with a ref- creation of industry screening and check- but does not involve a significant hazards erence design of a very large crude car- ing systems acceptable to the Department consideration. rier (VLCC). The first ship Is expected to prove feasible, acceptance of hazardous The application for the amendment be delivered by mid-1980; the remaining materials may be conditioned upon evi- complies with the standards and require- ships are to follow at approximately dence of conformance with such screen- ments of the Act and the Commission's one-year intervals. The Initial MarAd rules and regulations and the Commis- proposal contemplates the construction ing,and checking procedures. of three such ships. The successful com- like to consider means sion has made appropriate findings as We would also required by the Atomic Energy Act of pletion of this program may result In a for increasing the effectiveness of Fed- 1954, as amended (the Act), and the fleet of 100 to 500 nuclear powered ships. eral surveillance, Including inspections at Commission's rules and regulations in The PSAR is available for review at the shippers' plants, freight forwarder facili- 10 CFR Chapter 1, which are set forth Commission's Public Document Room at in the license amendment. 1717 H Street NW., Washington, D.C. ties, the activities of brokers, and sample All interested persons who desire to inspections of the contents of packages For further details with respect to this submit written comments or suggestions presented for shipment. In other words, action, see (1) the application for Commission amendment dated May 6, 1974, (2) for consideration by the what regulatory or other programs could should send them to the Secretary of the Amendment No. 1 to License No. DPR- Commission, United States Atomic En- we employ to be assured that all persons 50, with any attachments, (3) Amend- participating in the giving, handling, and ment No. 2 to License No. DPR-50, with ergy Commission, Washington, D.C. moving of hazardous materials into air any attachments, and (4) the Commis- 20545, ATTN: Public Proceedings commerce are performing their fune- sion's related Safety Evaluation, dated Branch by July 15, 1974.

FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20523

devices and techniques as required to Bethesda, Maryland, this 5th ture guides should be made in writing to Dated at the Director of Regulatory Standards, achieve practical geothermal resource day of June 1974. Wash- utilization. the Atomic Energy Commission. U.S. Atomic Energy Commission, of the commercial For ington, D.C. 20545. Telephone requests D. Acceleration A. SCHWENCER, cannot be accommodated. Regulatory production of electricity and nonelectric Chief, Light Water Reactors, Guides are not copyrighted, and Com- power from geothermal resources. Branch 2-3, Directorate o1 III. ARC Geothermal Program Plan.' mission approval is not required to re- plan Licensing. The AEC geothermal program produce them. the period FY 1975 thru the Filed 6-10-74;8:45 am] Guides covering [FR Doc.74-13283 Other Division 4 Regulatory early 1980's focuses on elements II C currently being developed include the D above and includes: following: and REGULATORY GUIDES A. Advanced Research and Technol- Cooling Water System-Protection ol .quatic ogy. Involving, but not necessarily Issuance and Availability Organisms (Entrapment). limited to, research and development re- has Cooling Water System-Protection of Aquatic lated to drilling in hostile geothermal en- The Atomic Energy Commission Organisms (Entrainment). Issued three guides in its Regulatory Cooling Water System-Protection of Aquatic vironments, methods of well completion, Guide series. The Regulatory Guide series Organisms (Cold Shock). materials and equipment for extracting has been developed to describe and-to Nuclear Power Plants-General Environ- hot corrosive fluids, monitoring and con- make available to the public methods mental Siting Guides. trolling emissions and wastes and practi- acceptable to the AEC Regulatory staff Maryland, this 3d cal binary cycles that use low tempera- Dated at Rockville, working fluids. for implementing specific parts of, the day of June 1974. ture Commission's regulations and, in some B. Resource Utilization Projects. In- cases, to delineate techniques used by For the Atomic Energy Commission. volving research and development re- to, and construction and operation the staff in evaluating specific problems LESTER ROGERS, lated or postulated accidents and to provide Directorof of, approximately 10 MWe pilot plants guidance to applicants concerning cer- Regulatory Standards. representative of one or more different tain Information needed by the staff in types of geothermal resources: high tem- [FR Doc.74-13284 Filed 6-10-74;8:45 am] its review of applications for permits and perature (>180' C) low salinity con- licenses. vective (FT/I), high temperature The new guides are in Division 4, "En- RESEARCH AND DEVELOPMENT IN (>180" C) high salinity convective vironmental and Siting Guides." (HT/HS), geopressurized sedimentary GEOTHERMAL ENERGY ° C) Regulatory Guide 4.4, "Reporting Pro- (GP), low temperature (<180 low Invitation to Comment dry cedures for Mathematical Models Se- salinity convective (LT/IS), and hot would serve lected to Predict Heated Effluent Disper- L Introduction and objectives. The rock (HDR). Each facility and sion in Natural Water Bodies," provides Atomic Energy Commission (AEC) is in- as a flexible test bed for research for a uniform reporting format for those terested in receiving comments, recom- engineering development as well as generation license applicants who usb mathematical mendations and suggestions concerning demonstration of electrical models to predict thermal dispersion arrangements appropriate to conduct and other uses of geothermal heat. Implementa- from heated discharges. Implementation during FY 1975 and into the early 1980's IV. Tentative Program for the com- of this guide in the Environmental Re- of research and development work and tion Plan. As a basis will enable the Regulatory staff to pilot projects aimed at establishing the ments, recommendations and suggestions port the AEC has de- assess proposed mathematical models In technical, economic and practical feasi- hereby being requested, manner. bility of electric and non-electric power veloped for consideration a tentative a thorough, yet timely, "A", for Guide 4.5, "Measurements production from geothermal resources, plan, set forth In Attachment Regulatory and in the Environment- including possible cooperative programs conduct of its geothermal research of Radionuclides and demonstration pro- and Analysis of Plutonium in between the AEC and other organiza- development Sampling encompasses such matters as soil sampling procedures tions. Responses received will be utilized gram. This Soil," describes evaluation a uniform basis for quanti- in the further development of AEC's proposal submission, content, that provide well as cost sharing and fying and reporting plutonium in soil long-range geothermal program plan. and selection, as demonstration plants This guide also describes a radio- The geothermal program objective is to disposition of any data. completion. The AEC's procedure which is acceptable stimulate and facilitate early and sig- following project chemical is to seek comments on this to the Regulatory staff as a basis for per- commercial utilization of these purpose nificant the present in soil analysis. resources for power production. This pro- tentative plan and not, at forming plutonium invite the submission of pro- Regulatory Guide 4.6, "Measurements gram is a part of the national geother- time, to in the Environment- and development posals. of Radionuclides mal energy research who desire to and Strontium-g0 Anal- and is designed to contribute to- All interested persons Strontium-89 effort recommenda- references sets of radiochemical national energy submit written comments, yses," ward meeting overall should send them procedures that are acceptable to the tions and suggestions needs. of the Commission, U.S. staff as bases for analyzing Government Geothermal to the Secretary Regulatory IL Federal Energy Commission, Washington, and strontium-90 in bio- The Federal Government's par- Atomic strontium-89 Program. 20545, on or before July 11, 1974. environmental samples. in the national geothermal D.C. ticipation Public comments received after the in- is being conducted cooperatvely Regulatory Guides are avanlable for program aforementioned thirty day period will be spection at the Commission's Public by several Federal agencies, and is being National Science considered if it is practical to do so, but Document Room, 1717 H Street NW, coordinated by the assurance of consideration cannot be Washington, D.C. Comments and sug- Foundation, and encompasses the fol- within elements. given except as to comments filed gestions in connection with (1) items lowing the period specified. for inclusion in guides currently being A. Increasing the present knowledge (Sec. 161, 68 Stat. 948 (42 UZ.. 2201)) developed (listed below) or (2) improve- of the location, nature and extent of the ments in any published guides are en- nation's geothermal energy resources. Dated at Germantown, Maryland, this Sec- couraged and should be sent to the B. Identification and resolution of 6th day of June 1974. retary of the Commission, U.S. Atomic PAUL C. BENDER, Energy Commission, Washington, D.C. the environmental, legal and institutional 20545, Attention: Chief, Public Proceed- barriers to geothermal resource Secretaryof the Commission. ings Staff. Requests for single copies of utilization. In addition to the applied research and the Issued guides (which may be repro- C. Advancement, thru technology de- development activities described herein, the duced) or for placement on an automatic velopment, of the operational efficacy AEC also supports basic physical research in geothermal science. distribution list for single copies of fu- and efficiency of relevant components,

FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 20524 NOTICES

ArAcnmmmsT "A" CIVIL AERONAUTICS BOARD lated thereto, the Board has concluded TENTATIVE PLAN 019 n IUMENTATION OF T= IDocket Nos. 20820, etc.; Order 74.6-211 that the matters delineated hereafter AEC GEOTRERMAL RESEARCH AND DEVELOPM mW should be severed and separately proc- AND DEMONSTRATION PROGRAM ALASKA SERVICE INVESTIGATION AND essed. In reaching this decision, we are The following tentative plan has been de- CERTAIN OTHER MATTERS reversing our earlier determination that veloped as a basis for the comments, recoin- Order Severing Issues; Directing Applicants all issues related to bush operations mendations and suggestions being requested- and Parties to Comment on Certain should be adjudicated in a single pro- The submission of proposals is not being Matters ceeding. s Our feeling at that time was sought at this time. that a consolidated proceeding would A. Proposals may be submitted by aca- Adopted by the Civil Aeronautics demic institutions and units of state and Board at its offce in Washington, D.C, best fill certain gaps in the preexisting local governments, by non-academic, non- on the 4th day of June 1974. evidentiary record and could provide a profit or profit organizations, by Individuals, In the matter of Alaska Service Inves- meaningful forum for considering serv- or by a combination of these. tigation (Bush Routes Phase), Docket ice alternatives at Alaskan bush points. B. Proposals may be submitted at any Our experience since then, however, in- time, but 20826, et at.; Kodiak-Western Alaska R&D proposals on hand usually Renewal Proceeding, Dockets 23604, dicates that the present scope of the case will be considered in groups beginning In creates severe practical problems which July and January of each year. 23605, 23757, 24103, and 25502; Howard 0. Evaluation of proposals will be con- J. Mays Revocation/Munz Northern Cer- could delay the entire proceeding for a ducted by the AEC staff, which may be sup- tification Proceeding, Dockets 25655 and very substantial period.- plemented by representatives from the APO 25450; Part 298 Weight Limitation In- Thus, at the core of the remanded case national laboratories and other Federal agen- vestigation, Docket 21761. are the Issue of whether Alaska's and cies and by representatives from the academic The Bureau of Operating Rights, the Wien's authority at certain Alaskan bush and industrial communities. All proposers points should be deleted or suspended will be deemed to have consented to the re- Alaska Transportation Commission and view by such, representatives of the ABC. In- certain applicants have fled various and the related question of whether the formation and materials which the AEC and pleadings:' which, collectively, seek Board should approve service alterna- proposers mutually agree to be of a privileged major changes in the scope of the tives at these and other bush points. The nature will be held in confidence to the ex- remanded proceeding for the purpose of alternatives now placed In Issue-which tent permitted by law. (Reference AEOPI- expediting the resolution of the out- the parties have addressed in shaping 9-3.150-3) standing the present record-are (a) the certifica- D. issues. In its motion the Bureau Preference will be given to proposals contends that there are basic deficiencies tion of air taxis, (h) subcontract which offer cost sharing of the proposed arrangements between certificated work by the proposer or other interested in the evidentiary materials thus far air- private organizations. The proposing organi- submitted which preclude a meaningful lines and air taxis under standards to be zations' views as to the final disposition of trial of important issues, and that the established by the Board, and (c) sub- pilot plants will be a factor in the considera- case should not go forward unless essen- sidized services by airlines, whether or tion, of proposals for pilot plants, recognizing tial data and information begins to be not certificated, operating pursuant to a that it would be AEC's desire to sell Its in- competitive bid contract. terest In such plants following completion supplied through reporting require- ments. In these circumstances the Bu- However, because of changed circum- of the proposed work. Any proposals for these stances plants that are accepted by the AEG will have reau suggests that the Board sever and since the scope of issues was to be beneficial to the program and In the separately adjudicate those issues which formulated, a meaningful evaluation of best interests of the Government. More for- can be processed without reference to these service alternatives is not feasible mal solicitations may be issued for proposals the deficient evidentiary materials. The at this time. First, the system of compet- on pilot plants. pleadings of all parties and applicants itive bid contracts we intended to con- E. The AEC will select for negotiation of sider is no longer a practical option. contracts those research and are addressed to the Bureau's motion, development and for the most part are in accord that Such a system would have required Con- proposals which do not unnecessarily dupli- gressional authorization; cate research work already underway or con- certain issues should be severed. and while a bill templated by AEC; are not already known Upon consideration of the Bureau's with that purpose was Introduced in the by AEC or other Federal agencies; have pre- motion, answers and other pleading re- 92nd Congress, it was not enacted and viously unrecognized merit or value; and has not been reintroduced. The elimina- which offer the greatest total value. While the tion of the service option may well affect estimated cost to the government and an Initially, the Bureau of Operating Rights the position of some of the parties offering of cost sharing will be considered in filed a motion to sever and establish alter- towards the other alternatives to exist- determining which proposals offer the great- nate procedures. Answers to the Bureau's ing bush service. This fact, est value, the primary basis for selection will motion were filed by the Alaska Transporta- alone, raises be the showing made in the proposal rela- tion Commission, Wien Air Alaska, Kodiak- doubts about the continuing value of tive to such factors as: Western Alaska Airlines, Peninsula Airways, much of the record evidence. I. How the proposed work is expected to Polar Airways (together with a motion for Next, because many air taxis maintain contribute toward meeting energy needs. leave to file a late answer), Munz Northern only general records, they have not been 2. Description of the theoretical and ex- Airlines, (Richard F. Galleher), Tanana Air able to Provide the kind of detailed data perimental methods to be employed and pro- Taxi, Yukon Air Service, Parkair and South- on the operating costs and general gram plan through completion. east Skyways. profitability of subcontracted operations 3. Qualifications of the proposing organl- The Bureau also filed a reply, together with a motion for leave to file an unauthorized that we had hoped to receive. This evi- -zation and participating personnel. dentiary gap stands In the There is no commitment to the making of document. Answers to the Bureau's reply way of a seri- any particular number of awards. Where were filed by Parkair, Tanana Ati Taxi and ous consideration of Alaskan subcon- proposals submitted for research and devel- Yukon Air Service and the Alaska Transpor- tracting arrangements at this time. opment involve work previously known to or tation Commission (together with motions Moreover, the fact that this service al-- contemplated by ABC or other Federal agen- for leave to file unauthorized documents). ternative cannot be meaningfully exam- cies, it may be necessary to solicit additional The motions for leave to file will be irked on the existing record also means proposals for such work and undertake com- granted in order to afford the Board the opportunity to consider the complete views that the Board cannot evaluate other petitive negotiations with all such proposers. possible courses F. Preliminary to submitting a formal pro- of all parties. of action (for example, The Bureau's recommendation, as posal, proposers may, if they wish, submit a modi- the deletion or suspension of Alaska or preproposal letter setting forth the substance fied in its reply to Wien's answer to the Wien at certain bush points and the cer- of the proposed work in order to establish Bureau's motion, urges that subcontracting whether the AEC has any interest in the re- parties be required to submit regular finan- 2 search and development area involved. cial and operating reports while the remain- See Orders 72-9-91, September 25, 1972: ing procedural steps In the case are in 73-4-29, April 5, 1973; and 73-6-22, June 7, [FR Doc.74-13455 Filed 6-10-74;8:45 am] progress. 1973.

FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20525

tification of air taxis in their stead) We will not consolidate the balance of (30 revenue seats, 7,500 pounds maxi- which must be weighed in conjunction Peninsula's application, which involves mum payload weight) . Wien suggests with the option of subcontracted serv- some points now served by Reeve Aleu- that the Board adopt without further ices. Our proposed Part 293, discussed tian Airways since this Is not required proceedings the conclusion of the Ad- below and in notice of proposed rule by "Ashbacker" considerations. While ministrative Law Judge as set forth In making EDR-272, would help cure the our action herein has the effect of split- the Initial Decision in the 'Tart 298 deficiency in available evidence by re- ting Peninsulas application into two Limitation Investigation," Docket 21761, quiring air taxis to provide detailed re- parts, we have decided not to expand the to the effect that the current limit should ports of their operating results as sub- route issues beyond the minimum neces- remain in force. We reject such an ap- contractors for certificated airlines.' sary to process those matters that can proach. The Board believes that all However, even assuming the adoption of readily go forward independently of the parties and applicants should have a the proposed regulation, the fact remains main proceeding. To do otherwise would full opportunity to express views on this That the necessary data will not be avail- lead to the creation of two main proceed- question, particularly in light of rapidly able for some time. ings dealing generally with the bush is- changing conditions In Alaska since the Proceeding to a hearing on the exist- sues. Wien's objection that separate Initial Decision was handed down on ing evidence would be counter-produc- treatment for Kodiak-Western Alaska September 27, 1971! No party has sug- tive and could provide burdensome to route issues constitutes a piecemeal ap- gested that rulemaking procedures would Alaska communities and air taxis who proach is, of course, well taken. However. be insuffcient for this purpose in re- might be required to squander their lim- as set forth earlier, this drawback Is out- sponse to the Bureau's motion. Accord- ited financial resources in a case marked weighed by countervailing considera- ingly, there is issued herewith a notice from the start by an inadequate record. tions. of proposed rulemaking, EDR-273, to Under the circumstances, we are left with 2. Howard J. Mays Revocation Pro- amend Part 293 in the manner described. only two viable procedural options: (1) ceeding. The Bureau has proposed, with- 4. Deletions of Alaska and Wien Au- To delay the entire investigation until out opposition from any party, that the thority Pursuant to section 401 (g) at the defects in the record are cured, or Board sever and separately dispose of the Points No Longer Served by Means of (2) to sever for immediate adjudication related issues of the termination and Show Cause applications.No party or ap- those essentially side issues which can be revocation of the lays' certificate and plicant has objected in substance to the separated from the core of the case (and the transfer of that certificate to Munz Bureau's proposal that the Board should to move forward also on certain non- Northern, Docket 25655. The Bureau also act to delete from the certificate au- controversial aspects of the mainline is- proposes that those portions of the Munz thority of both Wien and Alaska those sues), while deferring the remaining cen- certificate application, Docket 25450, that points that no longer receive service for tral portion of the proceeding. In view parallel the points served by Mays should various reasons. Although Wien requests of the rapidly changing conditions in be consolidated. Mun Northern agrees that the Board adopt the Administrative Alaska and the time that has already with the Bureau but suggests that all of Law Judge's decision concerning the elapsed since the 'Bush Phase" was first its certificate application should be heard points to be deleted, we believe that, as in remanded, we have decided to opt for in the severed proceeding. the case of the weight rule, the Board the second approach because it will per- The Board agrees with the Bureau that should be apprised of the latest avail- mit expeditious resolution of those is- the related revocation: termination and able information. Accordingly. Wien and sues as to which a satisfactory record has transfer issues should be heard in a sep- Alaska will be directed to file applica- been compiled without undermining our arate proceeding. However, because tions to the Board requesting that the ability to go forward with the rest of the there is no "Ashbacker" consideration, as Board Issue an order to show cause why case at such time as the necessary evi- was the case in respect to the Kodiak- the points named in the applications dence becomes available. Western Alaska applications, there is no should not be deleted. Show cause proce- Accordingly, we have determined to legal requirement for us to hear the dures will serve to establish whether take the following actions in respect to Munz Northern certificate application. there is any opposition to such deletions the matters raised by the Bureau, other Based on the rationale for going forward and, to the extent there Is none, the dele- parties and the applicants. with severable Issues, set forth above, the tions can be effected without reference to 1. Application of Hodiak-Western Munz application should not be con- the main proceeding. Alaska Airlines, Inc. We are in accord solidated with the Mays issues since It 5. Main Proceeding. We now turn to with the Bureau that the renewal of the covers bush points that are not dis- various questions related to the issues Kodiak-Western Alaska certificate, tinguishable from those at Issue in the that remain in the "Bush Phase" of the Dockets 23604 and 23605, and the pro- main proceeding. On the other hand, we present proceeding. posed King Salmon-Kodiak link between recognize that the posture of Munz in The Alaska Transportation Commis- the two elements of the carrier's system, this case Is unique in that It claims to be sion has recommended that the Board Docket 23757, should be severed and set successor in interest to the Mays certifi- adopt, on an interim basis, a rule de- for separate hearing as promptly as pos- cate. Accordingly, since Munz may not be signed to regularize and rationalize con- sible. Under "Ashbacker" principles the able to establish a legal basis for the transfer, tracts under which Wien and Alaska application of Wien for King Salmon- the Board has determined, in provide air services through subcontract- Kodiak authority in Docket 24103 will be its discretion, to consolidate the Munz ing carriers. The Commission suggests consolidated for contemporaneous con- application insofar as It relates to au- that for this purpose the Board adopt the sideration. The application of Peninsula thority similar to that held by Mays. If, findings and conclusions of the Admin- Airways, Inc., for the King Salmon-Ko- however, Mfunz presses for consolidation istrative Law Judge which are set forth diak authority and other points on the of its application on the grounds that at pages 56-62 of the Initial Decision. No Kodiak-Western Alaska system in Docket the whole application should be tried in party has opposed this suggestion, and in 25502 will be similarly consolidated. one proceeding the Board Is tentatively our view It has considerable merit as an of the view that the application should be heard in the main case. Interim measure pending the final res- 'The Board could, of course, Impose such a olution of the various issues relating reporting requirement independently of Part 3. 298 Weight LimitationsRule. Among to subcontract operations, which have 293. However, a detailed reporting require- the parties and applicants, only Wien ment for existing subcontract arrangements objects to the Bureau's proposal that the could well prove burdensome to many air Board sever the issue of whether the gThe Alaska Tran -portation Commislon taxis; on the other hand, such a requirement present limitation applicable to Alaska appeam to favor the amendment. in the context of the new subcontracting under Part 298 of the Board's Regula- 4 In addition, we tentatively disagree with standswds we are proposing (which would tions should be modified to conform with Wien's view that the existing air taxi weight guarantee air taxis sufficlent compensation limlt wlthin Alazka should be retained, for and other support to sustain their opera- the revised standard in the same rule rcaons cet out in Notice of Proposed Rule- tions) would be appropriate. applicable to the 48 contiguous states making EDR-2"3.

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 2052-6 NOTICES been and remain a principal issue of the Airlines, Inc., for transfer of the Mays 8. This order shall be publihed In the "Bush Phase." certificate, Docket 25655, and that por- FDMERAL REGIsTEr. In this connection, Wien suggests that tion of the application of Munz Northern By the Civil Aeronautics Board. the certificate applications of the sub- Airlines, Inc., in Docket 25450 wherein contractors are defensive in character, the carrier seeks certificate authority [SEAL] EDV.'rn Z.HOLAMD, having been filed only because the Board paralleling the certificate of Howard J. Secretary. Is considering changes In the present Mays be and they hereby are severed FnnDoc.74-13331 Filed 6-10-74;8:45 aml subcontract arrangements at bush points, from the Bush Routes Phase of the including the certification of air taxis at "Alaska Service Investigation" and re- Alaska or Wien points now served by sub- designated as the "Howard J. Mays Rev- [Docket No. 267760 Order 74-0-30] contractors. In view of this allegation ocation/Munz Northern Certification CHARTER AUTHORITY OF CANADIAN and the fact that we are now proposing Proceeding"; such proceeding to be set FOREIGN AIR CARRIERS standards embodying various guarantees for hearing before an Administrative that make subcontracting more stable Law Judge at a time and place to be here- Statement of Tentative Findings and and attractive, we are concerned that after designated; Conclusions and Order To Show Cause subcontractors may not pursue their cer- 3. The issues of (a) whether the public Adopted by the Civil Aeronautics tificate applications. Accordingly, the convenience and necessity require air Board at its office In Washington, D.C., Board will direct all applicants to advise service at .Alaskan bush points by car- on the 6th day of June 1974.. the Board -whether they will prosecute riers operating pursuant to a competitive On May 8, 1974, the Governments of their certificate applications if the pro- bid contract and (b) whether Part 298 United States and Canada executed the posed rule is adopted. These pleadings of the Board's Economic Regulations Nonscheduled Air Service Agreement will be filed 'on the dates specified for should be amended to relax the existing (Agreement) governing nonscheduled responses to notice of proposed rulemak- 12,500 pound takeoff weight limitation air services between their respective Ing EDR-272. If it appears that the ap- applicable to air taxis operating within countries. The Agreement establishes a plications will be withdrawn, there will be Alaska, shall be removed from considera- new regulatory regime In which the no need to pursue the reporting require- tion in the "Bush Routes Phase of the operation of charter flights by all air ments suggested by the Bureau, and the Alaska Service Investigation!' By con- carriers specifically designated by tho remaining proceeding will be simplified. temporaneous notices of proposed rule- governments of each country to provide The Board will rule on this aspect of the making, the Board is proposing (1) to charter service pursuant to the Agree- Bureau's motion upon receipt of the establish standards for subcontracting ment will henceforth be governed In ac- comments. If, however, -the main case arrangements between certificated air- cordance with principles and conditions does proceed to hear applications for lines and Alaskan air taxis in EDR--272, mutually agreed upon by the govern- route authority now conducted pursuant and (2) to extend the 30 seat/7,500 ments, as set forth in the Agreement and to subcontracts, the Issues will be limited pound payload standard already appli- the diplomatic notes attached thereto. to the certification of new carriers to op- cable to Part 293 operations in the con- Fifty-seven Canadian carriers now erate in lieu of Wien or Alaska (which tinental United States to air taxi oper- hold sixty-five foreign air carrier permits would be suspended or deleted), reliance ations within Alaska in EDR-273. issued by the Board pursuant to section on Part 298 carriers (which would also 4. On or before July 11, 1974, 402 of the Act each authorizing, to vary- be licensed by the state), or the con- (a) Each applicant seeking certificate In degrees, charter foreign air transpor- tinuation of subcontract arrangements authority over routes now served pur- tation between Canada and the United subject to guidelines mandated by rule suant to subcontract agreements with States: eighteen of these permits au- Accordingly, it is ordered, That: Alaska Airlines, Inc., or Wien Air Alaska, thorize ordinary charter-only service: 1. The application of Kodiak-Western Inc., Is directed to advise the Board forty-one authorize charter flights with Alaska Airlines, Inc., for renewal of Its whether it will prosecute Its certificate aircraft under 12,500 pounds; four au- certificate of public convenience and applications if the guidelines for Alaska thorize on- and off-route charter flights necessity, Dockets 23604 ad 23605, and subcontract operations proposed in as an incidental authorization to sched- the certificate amendment application EDR-272 are adopted. uled services; two authorize only on- for authority to link up the carrier's sys- (b) All parties are directed to advise route charters as an incident to sched- tem over a route between Kodiak and the Board concerning additional steps uled service authority. All Canadian car- King Salmon, Docket 23757, together believed necessary to expedite our ad- riers presently holding foreign air carrier with the application of Wien Air Alaska, Judication of the remaining issues in the permits have been designated by the Inc., for Kodiak-King Salmon authority, remanded proceeding; Government of Canada to provide char- Docket 24103, and that portion of the ali- 5. Alaska Airlines, Inc., and Wien Air ter service in accordance with the terms plication of Peninsula Airways, Inc., Alaska, Inc., be and they hereby are di- of the Agreement. Each permit contains Docket 25502, wherein the carrier seeks rected to file with the Board within 30 a condition making it "subject to all certificate authority over portions of the days of the date of this order motions applicable provisions of any treaty, con- Kodiak-Western Alaska combined sys- for Issuance of an order to show cause vention, or agreement affecting Interna- tem, be and they hereby are severed from why the certificate authority of the re- tional air transportation * * * that may the Bush Routes Phase of the "Alaska spective carriers at points no longer become effective during the period this Service Investigation" and redesignated receiving certificated services, either di- permit remains in effect to which the as "The Kodiak-Western Alaska Re- rectly or through a subcontracting ar- United States and Canada shall be newal Proceeding;" such proceeding to rangement, should not be permanently parties." be set for hearing before an Administra- deleted pursuant to section 401(g) of the Upon consideration of the Agreement, tive Law Judge at a time and place to be Act; and in light of section 1102 of the Act hereafter designated; 6. Except to the extent granted herein which requires the Board to exercise Its 2. The Issue of the termination pur- the Motion of the Bureau of Operating duties consistent with any obligation as- suant to section 401(f) of the Act or the Rights to sever and to establish alter- sumed by the United States in any agree- revocation pursuant to section 401(g) of nate remanded procedures be and it ment between the United States and a the Act of the certificate of public con- hereby Is deferred; foreign country, the Board proposez to venience and necessity of Howard J. 7. The motions of the Bureau of 'Issue to all Canadian carriers dsignated Mays, together with the application of Operating Rights, the Alaska Trans- by their government under the agree- Richard F. Galleher and Munz Northern lortation Commission, Polar Airways, ment and currently holding foreign air Inc., Parkair, Inc., Tanana Air Taxi, Inc., carrier permits, new foreign air carrier I The proceeding will not attempt to identi- and Yukon Air Service, Inc., for leave to permits containing authority limited to fy pointe for low-bid contract services since consideration of the necessary legislation Is file otherwise unauthorized documents be no longer active. and they hereby are granted; and 'See Appendix A.

FEDERAL REGISTER, VOL 39, NO. 113--TUESDAY, JUNE 11, 1974 NOTICES 20527 that authorized by the charter bilateral, scheduled Air Service Agreement be- em Airlines, Ltd., and Trans-Provincial and subject to the conditions of that tween the United States and Canada, in Airlines, Ltd., currently confer authority Agreement and the Exchanges of Notes the form and manner set forth in the to operate charters as an incident to their attached thereto. -In addition, three Ca- specimen permits contained in Appen- route authority. To insure that the purely nadian carriers holding- foreign air car- dix B; ' (b) cancel the existing permits of U.S.-Canada charter authority of the rier permits authorizing charter foreign all Canadian. carriers authorizing char- Canadian-route carriers Is confined to air transportation have authority to per- ter foreign air transportation (except as that authorized by the Agreement and form Canadian-originating and termi- an Incident to scheduled service author- their charter permits (with respect to nating circle tour charters, authority ity) ; and (c) issue an additional permit charters covered by the Agreement) we which is not within the scope of the to Eastern Provincial Airways, Ltd. Nord- will require that charters between the charter bilateral agreement. The Board air Ltee-Nordair Ltd., and Pacific West- United States and Canada operated pur- will issue separate permits to these car- ern Airlines, Ltd. in the form and man- suant to the ancillary authority In the riers maintaining this nonbilateral au- ner set forth in Appendix C, setting forth route permits of these carriers shall be thority in effect subject, however, to a only the authority contained In the sub- subject to prior Board approval. We requirement for prior approval of each ject carriers' existing permits which is therefore tentatively find and conclude flight as discussed hereinafter. not the subject of the Agreement and that It is in the public interest to im- The charter regime established by the therefore not embraced by the permits plement Section 212A(b) of the Board's Agreement differentiates only between issued pursuant to paragraph (a), Regulations so as to require prior ap- charter operations conducted with above 2 proval of such on-route charter flights "small aircraft" and operations con- The scheduled route permits of Air performed by these six carriers pursuant ducted with "large aircraft." I Since, pur- Canada, Atlantic Central Airlines Lim- to their foreign air carrier permits au- suant to the charter bilateral agreement, ited, Canadian Pacific Air Lines, Ltd., thorizing scheduled foreign air transpor- the terms and conditions applicable to Nordair Ltee-Nordar Ltd., Pacific West- tation.' This action is consistent with the the respective foreign air carriers will condition in the outstanding permits of be standard for each class of operation, these carriers which in effect makes them the new charter permits will follow a 'we Intend that finalization of the action subject to the charter bilateral condi- standard form, except that those Cana- proposed herein will dispozo of the pending tions. This action will take effect upon applications for renewal of outstanding per- the dian carriers designated solely for small mits for small aircraft operations by Aero- Issuance of the permits discuss-d in aircraft operations will be issued a per- plane Rental Services Ltd. (Docket 25031), paragraph (a), above. mit restricting their operations accord- Air Ambulance Service (Docket 25070. appli- In addition, the Board tentatively finds ingly. cation filed In the name of Province of Sas- and concludes that it is in the public _ The proposed issuance of the respec- katchewan, Central Vehicle Agency), Air NI- interest to implement condition (4) of tive perm-its will facilitate the prompt agara (Docket 25029), Air-West Airlines Ltd. the foreign air carrier permits authoriz- implementation of the terms of the new (Docket 25013), F-ecalre Aviation Ltd. ing Eastern Provincial Airways (1963) charter bilateral agreement, (Docket 25032), Guelph Air Services '67 Ltd. Ltd., while at (Docket 25068). Harr ron Airways Ltd. Nordair Ltee-Nordar Ltd., and the same time maintaining the outstand- (Docket 25030), Ignaco Airways, Ltd. (Docket Pacific Western Airlines, Ltd., to perform ing authorizations of the various carriers 25069), Kingston Flying Club (Docket 25143), Canada-originating circle tour charters which are not covered by the bilateral Lao La Croix Quetico Air Services Ltd. so as to require advance approval of such agreement. This will be in accordance (Docket 25061). Laurentian Air Servlce3 Ltd. flights. Since these flights are not under with the spirit of the bilateral and col- (Docket 25014), Laurentlde Aviation, Ltd. the Agreement (yet involve, on at least lateral Exchange of Notes providing for (Docket 25109), Metroalr, Ltd. c.o.b. Metro one flight leg, a traflc movement which prompt implementation of the Agree- Air Taxi (Docket 24990), Midwest Airlines, migh totherwisebeunder the Agreement) ment- Ltd. (Docket 25015), Mlllardalr, Ltd. (Docket we wish to determine on a 24898), Parsons Airways, Ltd. (Docket 2C016), case-by-case Accordingly, the Board tentatively Peninsula Air Service, Ltd. (Docket 25006), basis public Interest in their operation, finds and concludes that it is in the pub- Prince Edward Flying Club (Docket 2Z062), including reciprocity and the effects, if li interest to (a) issue new and/or Seneca Air Services, Ltd. (Docket 25067), any, on traffic flow under the Agreement. amended permits to all of the foreign Skycharter Aircraft Sales, Ltd. (Docket Vinally, we tentatively find and con- air carriers already holding permits 25038), St. Catharines Flying Club (Docket clude that, considering their successfl which have been designated by the Gov- 25043), Survatr Ltd. (Docket 24990), Toronto operations Airways Ltd. (Docket under existing permits and ernment of Canada to provide charter 25046), Waterloo-Well- our previous findings in this respect, the service pursuant to the terms of the Non- ington Flying Club (Docket 25044), West Coast Air Services Ltd. (Docket 24995), Wong Canadian carriers listed in Appendix A Airways Ltd. (Docket 25046), Waterloo-Well- remain fit, willing, and able properly to 2 Large aircraft are defined as aircraft hav- 25033). Won-Del Aviation Ltd. (Docket Perform the services authorized in the Ing both (a) a maximum passenger capacity 24988). In addition, it will dLpose of the permits proposed to be Issued and to con- of more-than 30 seats or a maximum pay- application. of Canadian Pacific Air Lines, load capacity of more than 7,500 pounds, Ltd. (Docket 25250) and International Jet end (b) a maximum authorized takeoff Air Ltd. (Docket 20684) for amendment to ' No such approval is required for charters weight on wheels greater than 35,000 pounds. include ITO authority, and the application operated pursuant to the new Part 214 char- Small aircraft are defined as aircraft which of Aeroplane Rental Services Ltd. (Docket ter permit. However, all such charters must are not large aircraft. 25096) for use of aircraft having a S0 pEr- comply with the conditions contained in =An Exchange of Notes on Transitional 'The additional permits for the three that permit. In effect, the prior approval re- Arrangements, signed in conjunction with named carriers will continue their charter quirement will only apply to charter fLights the bilateral, provides In part: authority to the extent it Is not Governed which originate In the United States and "2. Any carrier designated by the Govern- by the Agreement, Ize, circle tour charter terminate In Canada or which originate in ment of Canada shall, pending issuance of flights (including inclusive tour charter Canada and terminate in the United States. an amended foreign air carrier permit under flights) with respect to persons and their Flights which involve points outside of the the Agreement, be allowed to operate non- accompanying baggage which originate and United -Statez or Canada will not be subject scheduled air services between the respective terminate at a point or points In Canada to prior approval. However, in the proceeding. territories of the United States and Canada and serve a point or points In the United "Charter Reglatlons Applicable to Foreign as provided -forin the Agreement to the maxi- States and point or points in any country Route Air Carlrs' (Docket 26509, Order mum extent the Civil Aeronautics Board Is other than Canada and the United State. As 74-3-71), the, Board has proposed to curtal legally empowered to do so (e.g., by waiver indicated below however, this auhority will such authority for all foreign route carriers of its regulations), provided such carrier be subject to a requirement for prior Board In several re-pects. The six Canadian carriers holds a valid and outstanding foreign air approval of each flight. The duration of the are parties to the proceeding and their ulti- carrier permit." By Order 74-5-37, May 8, additional permits governing this limited au- 1974, the Board proposed to grant waivers of thority will remain the same as the existing mate charter authority (Including the right its charter regulations which, in effect, would termination date for such authority (ie. to operate fifth freedom charters and circle permit such Implementation pursuant to December 31. 1977). See Orders 73-5-51- tour charters) Will be governed by the Board=s this provision. 73-7-143; and 73-7-144. dLpo31tion of that case.

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20528 NOTICES

form to the Act and the rules and regu- 5. This order shall be served upon all Gateway Aviation Limited. 3 lations Issued thereunder. Canadian holders of, and Canadian ap- Great Lakes Airlines Limited.' Accordingly, it is ordered,Mat: plicants for, foreign air carrier permits; Harrison Airways Limited." 1. All Interested persons be and they all holders of certificates bf public con- International Jet Air Ltd.a hereby are directed to Mackenzie Air Ltd.' show cause why venience and necessity; the air taxi op- Midwest Airlines Ltd.3 the Board should not (1) make final the erators listed in Appendix B to Order 74- tentative findings Nordair Ltee-Nordar Ltd." and conclusions-here- 5-37; the Departments of State and North Canada Air Limited c.o.b. NOIICA1 In; (2) subject to the approval of the Transportation; and the Ambassador of AIR.' President pursuant to section 801 of the Canada. Pacific Western Airlines, Ltd." Act (a) issue foreign air carrier permits This order will be published In the FzD- Quebecair.3 to the carriers listed in Appendix A in ac- ERAL REGISTER and will 'be transmitted TransAir Limited.3 cordance with the appropriate designa- to the President. Wardair Canada Ltd.' tion of each carrier in the form and man- ner set forth in Appendices B and C, and By the Civil Aeronautics Board. ApPENDIX B (b) cancel all now outstanding foreign [SEAL] EaWIN Z. HOLLAD, SPECIMIIEN air carrier permits held by Canadian air Secretary. PERMIT TO rOREION A u CAfl, f carriers which authorize charter foreign APPENDIx A Name Is hereby authorized, subject to the air transportation, except those authoriz- provisions hereinafter cot CARRIERS WHICH 'VERE DESIGIATED BY THE GOV- forth, the provi- Ing such air transportation incidental to sions of the Federal Aviation ERNMENT MAY 9, 1974, FOR SMALL AIRCRAFT Act of 1050 and an authorization of the orders, scheduled foreign air OPERATIONS ONLY AND ARE HOLDERS OF FOR- rules, and regulations Issued transportation; thereunder, to engage (3) Implement Part 212.- EIGN AIR CARRIER PEF.11T5 in charter foreign air 4(b) of the Board's Regulations as pro- transportation as follows: posed herein; (4) Implement condition Adastra Aviation Limited.' 'Charter flights with respect to persons and Aeroplane Rental Services Limited.' their accompanied baggage, and planeload (4) of the foreign air carrier permits au- charter flights thorizing circle tour charters as Aero Trades (Western) Ltd.' with respect to property, be- proposed Air Ambulance Service, Department of Pub- tween -any points or points In Canada and herein; and (5) except to the extent pro- lic Health, Province of Saskatchewan, any point or points In the United States. posed to be granted herein, deny the Canada (designated as Province of Sas- The holder shall be authorized to perform pending applications for renewal of katchewan, Central au- Vehicle Agency).' those types of charters originating in thority of Canadian air Aircadla Ltd.' Canada carriers author- and In the United States, as are now, or may Air Halifax ized to conduct nonscheduled small air- Limited.' hereafter be, prescribed in Arex B of the Air craft operations, for amendment of au- Niagara Limited.' Nonscheduled Air Service Agreement between thority held by Canadian Pacific Air AirWest Airlines Ltd.; the United States and Canada, signed May a, Lines Ltd. and International Jet Air Air Windsor Limited.' 1974, including any amendmenta, supple- Limited to add ITC Atlantic Central Airlines Limited. .2 ments, reservations, or supersesalons to that authority, and for Canadian Voyageur Airlines Limited.' Agreement.' amendment by Aeroplane Rental Serv- Chinook Flying Service Ltd. a This permit shall be subject to the follow- ices Ltd. for use of aircraft having a 30 Collngwood Air Services Limited.' ing terms, passenger/7,500 conditions, and limitations: pound maximum; Commuter Air Services Ltd.' (1) The authority of the holder to perform 2. Any interested person having objec- Execaire Aviation Limited.. a United States originating large aircraft char- tions to the tentative findings and con- FlIghtexec Limited.' ter flights shall be subject to the provIsions clusions set forth herein or to the issu- Gravenhurst Aviation Limited.' of Part 214 of the Board's Economic Regula- ance of the proposed foreign air carrier Guelph Air Services Limited.% tions and Part 378 of tho Board's Special permits or the proposed Implementations Ignace Airways Limitedi.I Regulations. The authority of the holder to of Part 212.4(b) J. V. Aviation Limited.' perform United States originating small air- and condition (4) shall Kingston Flying Club.' craft charter flights file such objections within shall be limited to com- 21 days after Lao La Croix Quetico AVr Services Limilted.' merclal air transportation of Pilzengers and the date of this order, and file with the Laurentian Air Services Limited. their accompanied baggage, and property, on Board and serve on the persons specified Laurentide Aviation Limited.' a time, mileage or trip basis, where the entire in paragraph Metroar Limited c.o.b. Metro Air TaxL' planeload capacity of one 5, below, a statement of ob- Mlardair Limite d.% or bloro aircraft jections specifying the part or parts of has been engaged by a person for his own the tentative findings and conclusions Ontario Central Airlines Limlted.'- use or by a person for tho transportation of ob- a group Jected to and stating the specific grounds Parsons Airways Limited.' of persons and/or their property, as Peninsula Air Service Limited.' agent or representative of such group. The of any such objections supported by sta- authority tistical data Prince Edward Flying Club.' of the holder to perform Canadinn- and other materials and St. Catharines Flying Club.A originating charter flights chall be subject to evidence relied upon to support the stated Seneca Air Services Idmlted.' the Air Carrier Regulations of the Canadian objections; reply comments, If any, may Skycharter Aircraft Sales Limited.' Transport Commission. The holder shall, be filed seven days after the date for flu- Starline Aviation Limited.' nevertheless, not be authorized to provide Ing objections; ' Superior Airways LimiteLa charters of a type other than as authorized 3. If timely and properly supported ob- Survair Ltd.' Toronto Airways Limited.' Jections are filed, full consideration will APermit grants scheduled route be accorded Trans-Provincial Airlines Ltd.; authority the matters and Issues raised Waterloo-Wellington Flying Club.' and on-route charter authority only, with- by out specific reference the objections before further action is West Coast Air Services Ltd.' to Part 212. taken by the Board: Provided, That the Won-Del Aviation Ltd.' 'Annex B(II) (B) and (I) (B) presently authorize Board may proceed to enter an order In Wong Aviation c.o.b. Central Airways.' the following types of large and small aircraft chartors originating accordance with the tentative findings CARRIERS WHICH WERE DESIGNATED 3T THE GOV- in Can- ada: Single Entity Passenger, Single Entity and conclusions herein If it determines RNME2T OF CANADA MAY 9, 1974, wITHOuT Property, ZAITATIONS AND ARE Pro Rata Common Purpozo, Ad- that there are no factual issues presented 3OLDERS o FOREIMN vance AR CARRIER PIERMITS Booking, and Incluslve Tour; and split that warrant the holding of an evidenti- passenger charters of the types set forth, ary hearing; subject to Canadian Transport CommIlsion 4. In the event no objections are filed, 'Permit grants authority to conduct cas- Regulations which presently do not pormit all further procedural steps shall be ual, occasional or infrequent nonscheduled Advance Booking Charters for small aircraft. deemed waived, and the Board may pro- individually ticketed or individually way- Annex B(I)A presently authorlzes the fol- ceed to enter billed air services with aircraft under 12,500 lowing types of large aircraft charters origl- an order in accordance with nating in the the tentative findings and conclusions set pounds. United States: Single Entity 'Permit grants schedued.route authority Passenger, Single Entity Property, Pro Rata forth herein; and Affinity, Mixed and charter authority pursuant to Part 212. (Entity/Pro Rata), Inclusive 2-Permit grants authority for charter Tour, Study Groups, Overszas Mlitary Per- sonnel, and Travel Group; 'Since provision is made for the filing of flights only. and split p'. 'n- objections ger charters of the types sot forth. United to this order, petitions for recon- Air Canada.' States originating sideration small aircraft charters aro of this order wl not be enter- Canadian Pacific Air Lines, Limited.2 governed tained. by the definition set forth in condl- Eastern Provinclad Airways (193) Ltd.$ tIon (1). (Annex B, (I3) (A), (1) (0).)

FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20529

by Annex B of the Nonscheduled Air Service route, and provides ome sceduled service required by the public Interest as may from Agreement between the United States and on any route pursuant to any such agree- time to time be prescribed by the Board. Canada, signed Uay 8, 1974, including any ment), when such flights serve either (a) a This permit shall become effective on amendments, supplements, reservations or Canadian terminal point on such route, or Unlezz otherwise terminated at an supersession to that Agreement. (b) any Canadian intermediate point au- earlier date pursuant to the terms of any (2) The holder shall not engage In foreign thorized for service on such route by such applicable treaty, convention, or agreement, air transportation between the United States foreign air carrier permit. this permit shall terminate (1) upon the ef- and any point or points, other than a point (4) The holder may grant stopover privi- fective date of any treaty, convention, or or points in Canada, or transport any prop- leges at any point or points In the United agreement, or amendment thereto, which erty or persons whose journey includes a States only to pasengers and their accom- shall have the effect of eliminating the char- prior, subsequent, or intervening movement panied baggage moving (a) on a Canadian- ter fdreign air transportatlon hereby author- by air (except for the movement of passen- originating large aircraft flight operating ized from the transportation which may be gers independently of any group) to or from under a contract for charter transportation operated by carriers dezignated by the Gov- a point not In the United States or Canada: to be provided solely by the holder (even If ernment of Canada (or In the event of the Provided, That the Board may, upon appli- a different aircraft is used), or (b) on a elimination of part of the charter foreign air cation by the holder, or by -regulation, Canadian-orIginating small aircraft fight transportation hereby authorized, the au- authorize the performance of charters where operating under a contract for round-trip thority granted herein shall terminate to the such movements are involved. charter transportation to be provided solely extent of uch elimination), or (2) upon the (3) The holder shall not perform United by the holder and as to which the mme air- effective date of any permit granted by the States-orlginating charter fights which at craft stays with the passengers throughout B4ord to any other carrier desi~gated by the the end of any calendar quarter would result the journey. Proided, That the Board may Government of Canada In lieu of the holder In the aggregate number of all United States- authorize the performance of carters not hereof, or (3) upon the termination or ex- originating charter fights performed by the meeting the requirements set forth. piration of the Nonscheduled Air Service holder on or after May 8, 1974 exceeding by (5) The Board, by order or regulation and Agreement between the United States and more than one-third the aggregate number without hearing, may require advance ap- Canada. vigned May 8, 1974: Prodded, 7zor- of all Canadian-originating charter fights proval of individual charter trips conducted er, Thrat clause (3) of this paragraph shall performed by the holder on or after May 8, by the holder pursuant to the authority not apply If, prior to the occurrence of the 1974: Provided, That the Board may author- granted by this permit, if It finds such action event specified In clauze (3). the operation ize the performance of charter fights not to be required In the public interest. of the foreign air transportation herein au- meeting the requirements set forth. For the (6) The holder shall conform to the air- thorized becomes the subject; of any treaty, purpose of making such computation the worthiness and airman competency require- convention, or agreement to which the Unit- following shall apply: ments prescribed by the Government of ed States and Canada are or shall become (a) A charter shall be considered to Canada for Canadlan international air parties. originate In the United States (or Canada) service. IN WrINl-S WHEREOF, the Civil Aero- If the passengers or property are firsttaken (7) This permit ehall be subject to all nauMt1I Board has cau:ed this permit to be on board In that country, and shall be con- applicable provisions of any treaty, conven- executed by the Secretary of the Board, and sidered as one fight whether the charter be tion, or agreement affecting international air the real of the Board to be a tlzed hereto, on one-way, round-trip, circle tour, or open transportation now in effect, or that may be- the jaw, even if a separate contract Is entered come effective during the period this permit into for a return portion of the charter trip remains In effect, to which the United States secretcry. from Canada (or the United States). and Canada shall be parties. (b) The computation shall be made sepa- (8) This permit shall be subject to the I=uanc of this permit to the holder ap- rately for (i) "large aircraft" flights of per- condition that the holder shall keep on de- proved by the President of the United States sons; (ii) "large aircraft" fights of property; posit with the Board a signed counterpart on .... in Order . (lII) "small aircraft" flights of persons; and 3 of CAB Agreement 18900, an agreement re- (Iv) "Small aircraft" fights of property lating to liability limitations of the Warsaw SPECM=l2 (c) In the case of a lease of aircraft with Convention and the Hague Protocol approved s-m11y TO reanon'. AM 9cAsYM 3-on ss. crew for the performance of a charter fight by Board Order E-23680, May 13, 1OGO, and on behalf and under the authority of an- a signed counterpart of any amendment or other carrier, the fight shall be included amendments to such agreement which may Name Is hereby authorized, subject to the hereinafter set forth, the pro- In the computation If the holder Is the be approved by the Board and to which the provisions of the Federal Aviatica Act of 1953 lessee, and shall not be includedif the holder holder becomes a party. vTlons is the lessor. and the orders, rules, and regulatlos issued (9) The holder (1) shall not provide for- thereunder, to engage in charter foreign air (d) There shall be excluded from the elgn air transportation under this permit un- trnspo.-tation as follows: computation: less there Is In effect third-p3rty linblity in- Chaer (i) Flights utilizing aircraft having a surance in the amount of $1,000,000 or more flghts with re-pect to persons and -maximum authoried takeoff weight on their accompanied -baggage, and planeload to meet potential liability claims which may to property, be- wheels (as determined by Canadian Trans- charter fights with respect arise In connection with its operations under tween any point or points in Canada and port Commission Regulations) not greater tis permit, and unless there is on file with any point or points In the United States. than 18,000 pounds; and the Docket Section of the Board a statement (ii) Flights originating at a United States showing the name and addres of the insur- The holder shall be authori~zd to perform terminal point of a route authorized pursu- ance carrier and the amounts and liability these types of charters originating in Canada ant to the Air Transport Services Agreement limits of the third-party liability Insurance as are now, or may hereafter he, prescribed between the United States and Canada, provided, and (2) shall not provide foreign for carriage b7 smll aircraft in Annex B signed January 17, 1966, as amended, or any air transportation with respect to persons (III) (B) of the Nonorceduled Air Service agreement which may supersede it, or any unless there is In effect liability insurance Agreement between the United States and supplementary agreement thereto which sufficient to cover the obligations ansuned in Canada, rigned May 8, 1974, including amend- establishes obligations or privileges there- CAB Agreement 18900, and unles there Is on mentz, supplements, reservations; or super- under (f, pursuant to any such agreement, file with the Docket Section of the Board a sesaions to that Agreement: Prode, That the holder also holds a foreign air carrier statement showing the name and address of any such charters may be performed only permit authorizing Individually ticketed or the Insurance carrier and the amounts and to the extent authorized by the Air Carrier individually waybilled service over such liability limits of the pasenger liability In- Regulations of the Canadian Transport Corn- surance provided. Upon reque5t, the Board mision applicable to operations by small may authorize the holder to supply the name aircraft, and the authority of the holder to 2 Annex A(I) (A) of the Nonscheduled and address of an insurance syndicate In perform such eharteM shall be subject to Air Service Agreement between the United lieu of the names and addresses of the mem- these regulat!onz. The authority of the States and Canada, signed May 8, 1974, de- ber insurers. fines a "large aircraft" as an aircraft having (10) By accepting this permit, the holder 'Annex B(IU) (B) presently authorzizes bath: (1) A maximum passenger capacity (as waives any right It may possess to isert any Canadian originatin- smial aircraft charters- determined by CAB Regulations) of more defense of sovereign immunity from suit in of the types prescribed in secton (3I) (B); than 30 seats or a maximum payload capacity any action or proceeding instituted against but only to the extent applicable to smanl (as determined by CAB Regulations) of more the holder In any court or other tribunal In aircraft pursuant to Canadian Transport than 7,500 pounds; and (2) a maximum au- the United States (or Its territories or pos- CommLalon Regulations. The applicable thorized takeoff weight on wheels (as deter- sessions) based upon any claim arising out of types of charters pre-ently authorized are: mined by Canadian Transport Commission operations by the holder under this permit. Singl Entity Pasenger, Single Entty Prop- Regulations) greater than 35,000 pounds. A The exercise of the privileges granted by erty. Pro Rata Commaa Purpose, and In- "small aircraft" is defined as an aircraft this permit shall be subject to such other lusive To.ur (In s e Instances split pas which is not a "large aircraft.' reasonable terms, oondition!, and limitations senger charters are authorized.)

FEDERAL REGISTER, VOL 39, NO. 113-UESDAY, JUNE 11, 1974 No. 113-Pt. 1----9 I 20530 NOTICES holder to perform United States originating agreement which may supersede it, or any The exercise of the privileges granted by charters shall, in accordance with Annex B supplementary agreement thereto which es- this permit shall be subject to such other (III) (A) of such nonscheduled Air Service tablishes obligations or privileges thereunder reasonable terms, conditions, and limitations Agreement, be limited to commercial air (if, pursuant to any such agreement, the required by the public interest as may from transportation of passengers and their ac- holder also holds a foreign air carrier permit time to time be prescribed by the Board. c'mpanied baggage, and property, on a time, authorizing individually ticketed or Indi- This permit shall become effective mileage or trip basis, where the entire plane- vidually waybilled service over such route, on ------UnlesS otherwise terminated load capacity of one or more aircraft has and provides some scheduled service on any at an earlier date pursuant to the terms of been engaged by a person for his own use route pursuant to any such agreement), any applicable treaty, convention, or agree- or by a person for the transportation of a when such flights serve either (a) a Cana- ment, this permit shall terminate (1) upon group of persons and/or their property, as dian terminal point on such route, or (b) any the effective date of any treaty, convention, agent or representative of such group, or Canadian intermediate point authorized for or agreement, or amendment thereto, which such small aircraft operations as may be service on such route by such foreign air shall have the effect of eliminating the char- authorized pursuant to any amendment, carrier permit. ter foreign air transportation hereby au- supplement, reservation or supersession to (4) The holder may grant stopover priv- thorized from the transportation which may that Agreement. ileges at any point or points in the United be operated by carriers designated by the States only to passengers and their accom- Government of Canada (or In the event of This permit shall be subject to the follow- panied baggage moving on a Canadian- the elimination of part of the charter foreign Ing terms, conditions, and limitations: originating flight operating under a contract air transportation hereby authorized, the au- (1) In the performance of the charter op- for round-trip charter transportation to be thority granted herein shall be terminated to erations authorized by this permit, the provided solely by the holder and as to which the extent of such elimination), or (2) upon holder shall not use "large aircraft" as de- the same aircraft stays with the passengers the effective date of any permit granted by fined in Annex A(X) (A) of the Nonscheduled throughout the journey;, Provided, That the the Board to any other carrier designated by Air Service Agreement between the United Board may authorize the performance of the Government of Canada in lieu of the States and Canada, signed May 8, 1974, In- charters not meeting the requirements set holder hereof, or (3) upon the termination cluding amendments, supplements, reserva- forth. or expiration of the Nonscheduled Air Serv- tions, or supersessions to that Agreement. (5) The Board, by order or regulation and ice Agreement between the United States and (2) The holder shall not engage in foreign without hearing, may require advance ap- Canada, signed May 8, 1074: Provided, howv- air transportation between the United States proval of individual charter trips conducted ever, That clause (3) of this paragaph shall and any point or points, other than a point or by the holder pursuant to the authority not apply If, prior to the occurrence of the points In Canada, or transport any property -granted by this permit, if It finds such action event specified In clause (3), the operation or persons whose journey includes a prior, to be required in the public interest. of the foreign air transportation heroin at- subsequent, or intervening movement by air (6) The holder shall conform to the air- thorized becomes the subject of any troaty, (except for the movement of passengers in- worthiness and airman competency require- convention, or agreement to which the dependently of any group) to or from a point ments prescribed by the Government of United States and Canada are or shall become not in the United States or Canada: Provided; Canada for Canadian international air parties. That the Board may, upon application by service. IN WITNESS WIMREOP, tho Civil Aoro- the holder, or by regulation, authorize the (7) This permit shall be subject to all ap- nautics B'ard has caused this permit to be performance of charters where such move- plicable provisions of any treaty, conven- executed by the Secretary of the Board, and ments are Involved. tion, or agreement affecting international air the seal of the Board to be affixed hereto, on (3) The holder shall not perform United transportation now in effect, or that may be- the ------States-originating charter flights which at come effective during the period this permit Secoretary. the end of any calendar quarter would result remains in effect, to which the United States (szAL) in the aggregate number of all United States- and Canada shall be parties. originating charter flights performed by the (8) This permit shall be subject to the Issuance of this permit to the holder ap- holder on or after May 8, 1974 exceeding condition that the holder shall keep on de- proved by the President of the United Stateo by more than one-third the aggregate num- posit with the Board a signed counterpart of on ------in Order ------ber of all Canadian-originating charter flights CAB Agreement 18900, an agreement relating APPEwDDi performed by the holder on or after May 8, to liability limitations of the Warsaw Con- C 1974: Provided, That the Board may author- vention dnd the Hague Protocol approved by SPEOIEq ze the performance of charters not meeting Board Order E-23680, May 13, 1966, and a To FoarIamr Am cArJtam the requirements set forth. For the purpose signed counterpart of any amendment or PERMIT of making such computation the following amendments to such agreement which may Eastern Provincial Airways (1963) Ltd, is shall apply: he approved by the Board and to which the hereby authorized, subject to the provlions (a,) A charter shall be considered to origi- holder becomes a party. hereinafter sot forth, the provisions of the nate In the United States (or Canada) if the (9) The holder (1) shall not provide for- Federal Aviation Act of 1058, and the orderS, passengers or property are first taken on eign air transportation under this permit rules, and regulations Issued thereunder, to Board in that country, and shall be con- unless there is in effect third-party liability engage In charter foreign air transportation sidered as one flight whether the charter be insurance in the amount of $1,000,000 or more as follows: one-way, round-trip, circle tour, or open jaw, to meet potential liability claims which may Circle tour charter flights (including In- even If a separate contract is entered into arise in connection with its operations under clusive tour charters) with respect to persons for a return portion of the charter trip from this permit, and unless there is on file with and their accompanying baggage which or- Canada for the United States). the Docket Section of the Board a state- iginate and termbinato at a point or pointo In ment showing the name and address of the (b) The computation shall be made sep- Canada and serve a point or points in the insurance carrier and the amounts of lia- United States and a point or points In any arately for (i) "small aircraft" flights of In- persons; and (it) "small aircraft" flights of bility limits of the third-party liability country other than Canada and the United surance provided, and (2) shall not provide property. States. foreign air transportation with respect to (c) In the case of a lease of aircraft with This permit shall be subject to the follow- persons unless there is in effect liability ing terms, conditions, and limitations: crew for the performance of a charter flight insurance sufficient to cover the obligations (1) The holder shall not engage In foreign on behalf and under the authority of another assumed in CAB Agreement 18900, and un- Statei carrier, the flight shall be included in the less there Is on file with the Docket Section air transportation between the United and any point or points, other than a point computation if the holder Is the lessee, and of the Board a statement showing the name or transport any person shall not be Included if the holder is the and address of the insurance carrier and the or points in Canada, journey, by any mean of transporta- amounts and liability limits of the passenger whose lessor. tion, includes a prior, subsequent, or In- (d) There shall be excluded from the liability Insurance provided. Upon request, the Board may authorize the holder to sup- tervening movement to or from a point computation: In the United States or Canada: Pro- ply the name and address of an insurance not a max- vided, That the Board may, upon appli- (i) flights utilizing aircraft having syndicate in lieu of the names and addresses imum authorized takeoff weight on wheels cation by the holder, or by regulation, au- of the member insurers. thorize the performance of charters vhero (as determined by Canadian Transport Com- (10) By accepting this permit, the holder are Involved, and that thl any right it may possess to assert any such movements mission Regulations) not greater than 18,000 waives condition shall not prevent the holder, under of sovereign immunity from suit in pounds; and defense the above authorization, from serving a point (i) flights originating at a United States any action or proceeding instituted against or points in any foreign country between the terminal point of a route authorized pur- the holder in any court or other tribunal in point of origin and the point of termination suant to the Air Transport Services Agree- the United States (or Its terrtorles or pos- of the charter flight in Canada. ment between the United States and Canada, sessions) based upon any claim arising out (2) The authority of the holder to perform signed January 17, 1966, as amended, or any of operations by the holder under this permit. inclusive tour charters originating In Canada

FEDERAL REGISTER, VQL 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20o31

-shall be subject to the terms, conditions, and agr ement to which the United States and lating to liability limitations of the Warsaw limitations contained in licenses to be Issued Canada are or shall become parties. then and Convention and the Hague Protocol approved by the Air Transport C6mmittee of the In that event, this permit 13 continued In by Board Order F-23680, May 13, 1966. and a Canadian Transport Commission authorizing effect during the period provided In ruch sIgned counterpart of any amendment or the performance of such charters, treaty, convention, or agreement. amendments to such agreement which may (3) -The exercise of the privileges granted IN WITNESS WHEREOF, the Civil Aero- be approved by the Board and to which the by this permit, except with respect to the au- nautics Board has caused thls permit to be holder becomes a party. thorization to perform inclusive tour char- executed by the Secretary of the Board. and (8) The holder (1) shall not provide for- ters, shall be subject to the provisions of the seal of the Board to be affixed hereto, on elgn air transportation under this permit Part 214 of the Board's Economic Regula- the ----day of ------unles: there is in effect third-party iability tions, and all amendments and revisions Secretar.. Insurance In the amount of $1,00,000 or more thereof as- the Board, by order or regulation (srsL) to meet potential liability claims which may and-without hearing, may adopt. Issuance of this permit to the holder ap- arise in connection with Its operations un- (4) The Board, by order or regulation and proved by the President of the United State- der this permit, and unless there Is on file without hearing, may require advance ap- on ------In Order ...... with the Docket Section of the Board a state- proval of Individual charter trips conducted SPECIE ment showing the name and address of the by the holder pursuant to the authority Insurance carrier and the amounts and la- granted by this permit, if It finds such action sus'r To FoRs=o AM cAssna bllty liita of the third-party liability In- to be required in the public Interest. surance provided, and (2) shall not provide (5) The holder shall conform to the air- Nordair Ltee-Nordai Ltd. is hereby au- foreign air tranportation with respect to worthiness and airman competency require- thorized, subject to the provisions herein- percons unless there is in effect liability In- ments prescribed by the Government of after set forth, the provisions of the Federal surance sullicent to cover the obligations a:s- Canada for Canadian International air sere- Aviation Act of 1958 and the orders, rules, mimed In CAB Agreement 18900, and unless ice. and regulations Irsued thereunder, to engage there Is on file with the Docket Sectlon of (6) This permit shall be subject to all Im charter foreign air tran-portatIon as the Board a statement showing the name applicable provisions of any treaty, conven- fgllows: and addres of the Insurance carrier and tion, or agreement affecting international air Circle tour charter flights (including In- the amounts and liability limits of the pas- transportation now in effect, or that may elusive tour charters) with respect to per- senger liability insurance provided. Upon re- become effectiveduring the period this per- sons and their accompanying baggage which quest, the Board may authorize the holder mit remains in effect, to which the United originate and terminate at a point or paintls to supply the name and addrecs of an In- States and Canada shall be parties. in Canada and serve a point or points In the surance syndicate In lieu of the names and (7) This permit shall be subject to the United States and a point or points in any addresses of the member Insurers. condition that the holder shall keep on country other than Canada and the United (9) By accepting this permit, the holder deposit with the Board a signed counterpart StaTch. waives any right It may poses to acert any of -CAB Agreement 18900, an agreement re- This permit shall be subject to the follow- defence of soverelgn Immunity from suit In lating to liability limitations of the War- Ing terms, conditions., and limitations: any action or proceeding instituted against saw Convention and the Hague Protocol- (1) The holder shall not enrage In foreign the holder In any court or other tribunal in approved by Board Order E-23680, May 13 air transportation between the United Statea the United States (or Its territories or posses- 1966, and a signed counterpart of any amend- and any point or points, other than a point sions) based upon any claim arising out of ment or amendments to such agreement or points In Canada, or transport any perzon operatlons by the holder under this permit. which may be approved by the Board. and whose journey by any means of transporta- The exercke of the privileges granted by to which the holder becomes a party. tion includes a prior, subsequent, or Inter- this permit shall be subject to such other (8) The holder (1) shall not provide for- vening movement to or from a point not In reazonable terms, conditions, and limitations elgn air transportation under this permit the United States or Canada: Prorfded,That required by the public Interest as may from unless there Is In effect third-party liability the Board may, upon application by the time to time be prescribed by the Board. inusrance In the amount of $1,000,000 or holder, or by regulation, authorize the per- This permit shall be effective on more to meet potential liablty claims which formance of charters where such movements and shall terminate on December 31. 1977: may arise In connection with its operations are Involved, and that this condition rhall Prorlded, hoLrerer, That if in the aforesaid under this permit, and unless there Is on not prevent the holder, under the above period during which this permit shall be file with the Docket Section of, the Board a authorization from serving a point or pointa efective, the operation of the foreign air statement showing the name and address In anyforeign country between the point of transportation herein authorized becomes thi of the insurance carrier and the amounts and origin and the point of termination of the subject of any treaty, convention, or agree- liability limits of the third-party liability In- charter flight In Canada. ment, to which the United States and Canada surance provided, and (2) shall not provide (2) The authority of the holder to per- ore or shall become parties, then and In that foreign air transportation with respect to form inclusive tour charters originating in event ths permit Is continued In effect dur- persons unless there is in effect liability In- Canada shall be subject to the term=, condi- ing the period provided in such treaty, con- surance sufficient to cover the obligations tions, and limitations contained in licens3 vention, or agreement. assumed In CAB Agreement 18900, and unless to be Issued by the Air 'ransport Committee ITN WITNESS W311EOF, the Civil Aero- there is on le with the Docket Section of the Canadian Transport Comm'ssion au- nautcs Board ha caused this permit to be of the Board a statement showing the name thorizing the performance of such charters. "ecuted by the Secretary of the Board, and and address of the insurance carrier and the (3) The exercise of the privileges granted the ceal of the Board to be affixed thereto. amounts and liability limits of the passenger by this permit, except with re-pect to the on the -.- day of liability Insurance provided. Upon request, authorization to perform inclurive tour the Board may authorize the holder to supply charters, shall be subject to the proviions of the name and address of an insurance syndi- Part 214 of the Board's Economic Regula- Secretary. cate In lieu of the names and addresses of the tions, and all amendments and revlsons zssuance of this permit to the holder ap- member insurers. thereof as the Board, by order or regulation proved by the President of the United States (9) By accepting this permit, the holder and without hearing, may adopt. on, in Order waives any right It may possess to assert any (4) The Board, by order or regulatlon and SPE=M defense of sovereign immunity from suit in without hearing, may require advance ap- any action or proceeding instituted against proval of individual charter trips conducted Pmum=TO F02oarr AIR c~APrR the holder In any court or other tribunal in by the holder pursuant to the authority the United States (or its territories or pos- granted by this permit if it finds such action Paciflc Western Alrlines, Ltd. is hereby au- sessions) based upon any claim arising to be required in the public interest. thorized, subject to the provisions herein- out of operations by the holder under this (5) The holder shall conform to the air- after sot forth, the provisions of the Federal permit, worthiness and airman competency require- Aviation Act of 1953, and the orders, rules, and regulati n L-ued The exercise of the privileges granted by ments prescribed by the Government of Can- thereunder, to engage this permit shall be subject to such other ada for Canadian International air servico. in charter foreign air transportation as reasonable terms, conditions, and limitations (6) This permit shall be subject to all up- follows: required by the public interest as may from plicable provisions of any treaty, convention, Circle tour charter flights (including in- time to time be prescribed by the Board. or agreement affecting International air elusive tour charters) with respect to persons This permit shall be effective on ------transportation now in effect, or that may and their accompanying baggage which ---- and shall terminate on December 31, become effective during the period this per- originate and terminate at a point or points 1977: Provided, however That if in the afore- mit remains in effect, to which the United in Canada and cerve a point or points in the 19ad prodedri w hechtht Ifi har States and Canada shall be parties. United States and a point or points in any said period during which this permit shall (7) This permit shall be subject to the country other than Canada and the United be effective, the operation of the foreign air condition that the holder shall keep on de- States. transportatlon herein authorized becomes posit with the Board a signed counterpart This permit zhball be subject to the follow- the subject of any treaty, convention, or of CAB Agreement 18900, an agreement re- Lng terms, conditions, and limitations:

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20532 NOTICES

(1) The holder shall not engage in foreign the holder In any court or other tribunal In ice Commission authorizes the Depart- air transportation between the United States the United States (or Its territories or posses- ment of Commnerce to fill by noncareer and any point or points, other than a point sions) based upon any claim arising out of or points in Canada, or transport any person operations by the holder under this permit. executive assignment In the excepted whose journey, by any means of transporta- The exercise of the privileges granted by service the position of Special Assistant tion, includes a prior, subsequent, or inter- this permit shall be subject to such other for Regional Economic Coordination, Of- vening movement to or from a point not in reasonable terms, conditions, and lmitations fice of the Secretary. the United States or Canada: Provided, That required by the public interest as may from the Board may, upon application by the hold- time to time be prescribed by the Board. UNITED STATES CIVIL SERV- er, or by regulation, authorize the perform- This permit shall be effective on ------xcE CoMuSSION, ance of charters where such movements are ---- and shall terminate on December 31, [SEAL] JAMES C. SPRY, Involved and that, this condition shall not 1977: Provided,however, That If in the afore- Executive Assistant prevent the holder, under the above author- said period during which this permit shall to the Commissioners. ization from sekving a point or points In be effective, the operation of the foreign air any foreign country between the point of transportation herein authorized becomes the IFR Doc.74-13330 Filed C-10-74; 0:45 am] origin and the point of termination of the subject of any treaty, convention, or agree- charter flight in Canada. ment to which the United States and Canada (2) The authority of the holder to perform are or shall becomes parties, then and In that DEPARTMENT OF DEFENSE inclusive tour charters originating in Canada event, this permit is continued in effect dur- Grant of Authority To Make Noncareor shall be subject to the terms, conditions, and Ing the period provided in such treaty, con- Executive Assignment limitations contained In licenses to be Issued vention, or agreement. by the Air Transport Committee of the In witness whereof, the Civil Aeronautics Under authority of § 9.20 of Civil Canadian Transport Commission authorizing Board has caused this permit to be executed Service Rule IX (5 CFR 9.20), the Civil the performance of such charters. by the Secretary of the Board, and the seal Service Commission authorizes the Do- (3) The exercise of the privileges granted of the Board to be affixed hereto, on the partment of Defense to fill by noncarcer by the permit, except with respect to the dayof------executive authorization to perform inclusive tour assignment In the excepted charters, shall be subject to the provisions -[s ] Secretary. service the position of Deputy Assistant of Part 214 of the Board's Economic Regula- Issuance of this permit to the holder ap- Secretary (House Affairs), Office of the tions, and all amendments and revisions proved by the President of the United States Assistant Secretary of Defense (Legis- thereof as the Board, by order or regulation on ------in Order ------lative Affairs), Office of the Secretary of and without hearing, may adopt. [FR Doc.74-13334 Filed 6-10-74; 8:45 am] Defense. (4) The Board, by order or regulation and without hearing, may require advance ap- UNITED STATES CIVIL SERV- proval of individual charter trips conducted CIVIL SERVICE COMMISSION ICE COMISSION, by the holder pursuant to the authority ACTION [sEAL] JAMS C. SPRAY, granted by this permit, if it finds such action Executive Assistant to be required in the public interest. Grant of Authority To Make Noncareer to the Commissioners. (5) The holder shall conform to the air- Executive Assignment IFR Doc.74-13338 worthiness and airman competency require- Under authority of § 9.20 of Civil Serv- Filed 6-10-74;8:45 am] ments prescribed by the Government of Can- ice Rule IX (5 CFR, 9.20), the Civil Serv- ada for Canadian international air service. ice Commission authorizes ACTION to DEPARTMENT OF HEALTH, EDUCATION, (6) This permit shall be subject to all fill by noncareer executive assignment In AND WELFARE applicable provisions of any treaty, conven- tion, or agreement affecting international air the excepted service the position of Dep- Grant of Authority To Make Noncareor transportation now in effect, or that may be- uty Associate Director for Domestic and Executive Assignment come effective during the period this permit Anti-Poverty Operations, Office of the Under authority of § 9.20 of Serv- remains in effect, to which the United States Associat# Director for Domestic and Civil and Canada shall be parties. Anti-Poverty Operations. ice Rle IX (5 CFR 9.20), the Civil Serv- (7) This permit shall be subject to the ice Commission authorizes the Depart- STATES condition that the holder shall keep on de- UNITED CIVIL SERV- ment of Health, Education, and Welfare posit with the Board a signed counterpart of ICE COMMISSION, CAB Agreement 18900, an agreement relat- [SEAL] JAMIES C. SPRY, to fill by noncareer executive wsignment Ing to liability limitations of the Warsaw Executive Assistant In the excepted service the position of Convention and the Hague Protocol approved to the Commissioners. Associate Administrator for Policy Con- by Board Order E-23680, Mlay 13, 1966, and a signed counterpart of any amendment or [FR Doc.74-13335 Filed 6-10-74; 8:45 am] trol and Coordination, Social and Re- amendments to such agreement which may habilitation Service. be approved by the Board and to which the DEPARTMENT OF THE AIR FORCE holder becomes a party. UNITED STATES CIVIL SERV- Grant of Authority To Make Noncareer ICE COaMISSION, (8) The holder (a) shall not provide for- eign air transportation under this permit Executive Assignment [SEAL) JAJES C. SPRY, unless there is in effect third-party liability Under authority of § 9.20 of Civil Serv- Executive Assistant Insurance in the amount of $1,000,000 or more ice Rule IX _(5 CTR 9.20), the Civil Serv- to the Commissioners. to meet potential liability claims which may [1FR Doc.74-13340 Filed -10-74,8:45 am] arise in connection with its operations under ice Commission authorizes the Depart- this permit, and unless there is on file with ment of the Air Force to fill by noncareer the Docket Section of the Board a statement executive assignment in the excepted DEPARTMENT OF HOUSING AND URBAN showing the name and address of the insur- service the position of Principal Deputy DEVELOPMENT ance carrier and the amounts and liability Assistant Secretary (Research and De- limits of the third-party liability insurance velppment), Office, Assistant Secretary Title Change In Noncareer Executivo provided, and (b) shall not provide foreign (Research and 'Development), Office, Assignment air transportation with respect to persons By notice of November 17, 1967, unless there is in effect liability insurance Secretary of the Air Force. FVM. sufficient to cover Doe. 67-13608, the Civil Service Con- the obligations assumed in UNITED STATES CIVIL SERV- CAB Agreement 18900, and unless there is on mission authorized the departments and file with the Docket Section of the Board a ICE COMMISSION, statement showing the name and address of [SEAL] JAMES C. SPRY, agencies to fill by noncareer executive the insurance carrier and the amounts and Executive Assistant assignment, certain positions removed liability limits of the passenger liability in- to the Commissioners. -from Schedule C of Civil Service Riule VI surance provided. Upon request, the Board may authorize the holder to supply the name IFR Doc.74-13337 Filed 6-10-74;8:45 am] by 5 CFR 213.2201a on November 17, 1967. and address of an insurance syndicate in This is notice that the title of one such lieu of the names and addresses of the mem- DEPARTMENT OF COMMERCE position so authorized to be filled by non- ber insurers. Grant of Authority To Make a Noncareer career executive assignment has been (9) By accepting this permit, the holder Executive Assignment waives any right it may possess to assert any changed from Special Assistant for Labor defense of sovereign immunity from suit in Under authority of § 9.20 of Civil Serv- Relations, Immediate Office of the Sec- any action or proceeding instituted against ice Rule IX (5 CFR 9.20), the Civil Serv- retary to Assistant to the Secretary for

FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20533

Labor Relations, Immediate Office of the For the President's Agent, Appendix I contains a listing of draft Secretary. RICHA D H. HALL, environmental Impact statements re- viewed and commented upon in writing UNITED STATES CIVIL SERV- Advisory Committee Management Officer for the President'sAgent. during this review period. The list n- ICE COMMISSION, cludes the Federal agency responsible for [SEAL] JAMES C. SPAY, [FR Doo.74-13343 iled G-10-74;8:45 am] the statement, the number and title of - Assistant Executive the statement, the classification of the to the Commissioners. OFFICE OF ECONOMIC OPPORTUNITY nature of EPAs comments as defined in [FR Doc.74 -13342 Filed 6-10-74;8:45 am] Revocatioi of Authority To Make a Appendix 11, and the EPA source for Noncareer Executive Assignment copies of the comments as set forth in Under authority of § 9.20 of Civil Serv- AppendixV. DEPARTMENT OF THE INTERIOR ice Rule IX (5 CFR 9.20), the Civil Serv- Appendix 11 contains the definitions Grant of Authority To Make Noncareer ice Commission revokes the authority of of the classifications of EPA's comments Executive Assignment the Office of Economic Opportunity to on the draft environmental impact fill by noncareer executive assgnment statements as set forth in Appendix I. Under authority of § 9.20 of Civil Serv- Appendix II contains a listing of final ice Rule IX (5 CFR 9.2G), the Civil Serv- in the excepted service the positions of: environmental impact statements re- ice Commission authorizes the Depart- Associate Director for Health Affairs, OMco viewed and commented upon in writing of Health Affairs ment of the Interior to fill by noncareer Associate Director for Public Affairs, Officae during this reviewing period. The listing executive assignment in the excepted of Public Affairs will include the Federal agency respon- service the position of Director of Indian Chief, Evaluation Divislon,.O111ce of Plan- sible for the statement, the number and Services, Bureau of Indian Affairs. ning. Research, and Evaluation title of the statement, a summary of the Associate Director for Congrc!slonal Rela- nature of EPA's comments, and the UNITED STATES CIVIL SERV- tions Office of the Associate Director. Office EPA source for opies of the comments ICE COMMISsIoN. of Congressional Relations, Office of Con- as set forth in Appendix V. [SEAL] JAMES C. SPRY, gressional and Public Affairs Appendix IV contains a listing of pro- Executive Assistant Associate Director for Program Review, Office to the Commissioners. of the Associate Director, Office of Prozoram posed Federal agency regulations, legis- Review lation proposed by Federal agencies, and [FR Doe.74-1334.1 Filed 6-1G-74,;8:45 am] Chief, Inspection Division, Office of General any other proposed actions reviewed counsel and commented upon In writing pursu- Deputy Assistant Director for Program De- ant to section 309(a) of the Clean Air EQUAL EMPLOYMENT OPPORTUNITY velopment, Office of Program Development. Act, as amended, during the referenced COMMISSION Chief, Communications Development Divi- reviewing period. The listing includes sion, Office of Program Development the Federal agency responsible for the Grant of Authority To Make Noncareer UNTED STATES CIVI SERv- Executive Assignment proposed action, the title of the action, ICE CoMIsSIoN, a summary of the nature of EPA's com- Under authority of J 9.20 of Civil Serv- [sEAL] JAMEs C. SPRY, ments, and the source for copies of the ice Rule IX (5 CFR 9.20), the Civil Serv- Executive Assistant to comments as set forth n Appendix V. ice Commission authorizes the Equal the Commissioners. Appendix V contains a listing of the Employment Opportunity Commission to [FR Doc.74-13344 Filed C-l0-74;8:45 am] names and -addresses of the sources for fill by noncareer executive assignment copies of EPA comments listed in Ap- in the excepted service the position of ENVIRONMENTAL PROTECTION pendices r, W, and IV. Director, Oiffice of Public Affairs, Office Copies of the EPA Manual setting of the Chairman. - AGENCY forth the policies and procedures for UNITED STATES CIVIL SERV- COMMENTS ON ENVIRONMENTAL IM- "EPA's review of agency actions may be PACT STATEMENTS AND OTHER AC- obtained by writing the Public Inquiries ICE COMMISSION, TIONS IMPACTING THE ENVIRONMENT [SEAL] JAMES C. SPRY, Branch, Office of Public Affairs, Environ- Executive Assistant Notice of Availability mental Protection Agency, Washington, to the Commissioners. Pursuant to the requirements of sec- D.C. 20460. Copies of the draft and final environmental Impact statements refer- [FR Doc.74-13339 Filed 6-10-74;8:45 am] tion 102(2) (C) of the National Environ- mental Policy Act of 1969, and section enced herein are available from the 309 of the Clean Air Act, as amended, the originating Federal department or FEDERAL EMPLOYEES PAY COUNCIL- Environmental Protection Agency (EPA) agency. has reviewed and commented in writing Notice of Meeting on Federal agency actions Impacting the Dated: May 28, 1974. Pursuant to section 10(a)(2) of the environment contained In the following SHELDON MEYEE, Federal Advisory Committee Act, Public appendices during the period of May 1, Director, Law 92-463, notice is hereby given that 1974 and May 15, 1974. Office of FederalActivities. the Federal Employees Pay Council will meet at 2 pxm. on Monday, June 10, 1974, ArPN-sEx L-atfl na!1I It!- == We~tefsrsedUteea Ma71, 1t74 and MarlS, to continue discussions on the fiscal year 1975 comparability adjustment for the Georal Scarce for statutory pay systems of the Federal Idcaifyiagnumber "1tb naw of cofes of Government. In accordance with the provisions of Atomlo Encwy Commloa: section 10(d) of the Federal Advisory D-AEC-0Z3..-i- - =qui ,cta t'zt broedr re,:ter r.m..--...c....c 3 A Committee Act, it was determined by D-AOE-OXWL-TX_..-= ComanebeTC= ftok &Wm coctrf rt atlo urJts 1 and 2, LO-2 A. the Director of the Office of Management DepDartnet F.5-MD.=:.-.---Ecwwatowtrta~tlaaisof AfJc~ture: B elt~grion- 33-2 D and Budget and the Chairman of the tural Rlc=n.h Center, Md. D-A4F-30WAass CevLe kr~n eacc ainlFra, e O1-I X: Civil Service Commission, who serve taUon mnig==zt Wainbistem jointly as the President's Agent for the D-A:FS-Wi-MT.z Big Tepee Croek Umter WeMent- - ER-2 I D-AS-&O-MT.-_r - Eauth Fcrk c Swan Creektlmber a. 104 1 purposes of the Federal pay compara- D-AFS-&W67-MO.======CdaCreek 'Lunlt,ClaNsUtlnariraeat, Mo LO-I H bility process, that this meeting of the D-AS-W02-MT._-- z Inch Mnmntasinpa nlr nt, rolengsKacal 7P. --2 I ' Federal Employees Pay Council will not Corp of ennineena (Civil vorks): be open to the public. D-CE47-F. T=u HuEboer t nalonteaose, dredging, and 33-2 3

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE IL, 1974 20534 NOTICES

A'pPND=,III General Source for Identifying number Title nature of copies of DEFINITION OF CODES FOR THlI comments comments GENRAL NATUREIT OF EPA COMMENTS

ACTON D-COE-2503-VA.. ------Maintenance and dredge Lynnhavon Inlet, bay and LO-2 D ENVIRONMEssrAL IrMPACT Or TILE connecting waters, Virginia. LO-Lack D-COE-34112-ID------Lucky Peak Dam and Lake Boise River, Idaho ----- EU-2 of Objection.. EPA haq no ob- E jections to the proposed D-COE-34119-KY ------Laurel River Lake, Cumberland River Basin Dam con- ER-2 in the draft action as dclerlbed struction, Kentucky. impact statement, or sut'g.its D-COE-3518-MN ------Duluth-Superior Harbor. Minn ------LO-2 F only minor changes in the proposed action. D-COE-35119-FL ------Oyster shell dredging, Tampa and Hillsborongh Bay, ER-2 E ER-Environmental Re~orvatlon4. Fla. EPA has D-COE-35120-CA ------Santa Cruz Harbor maintenance and dredging, Santa LO-1 reservations concerning the environmental Cruz County, Caif. effects of certain aspects of the proposed D-COE-36371-AA ------Haywdrd Creek flood protection, Massachumetts .-----LO-2 B action. EPA bellies that further tudy of D-COE-36373-VA -....------Clearing and snagging, Indian Creek, Va------.----- LO-2 D suggested alternatves or modifications 1 D-COE-1374-CO ------.... Flood control on Wolf Creek at Granada, Col ------LO-l F D-COE-36376-IL ------Blue Waters ditch Improvement, East St. Louis, Ill -- ER-2 required and has ashed the originating FO- D-COC-3037--VA ------Shoreline protection for Hampton Institute, Hampton, LO-1 D oral agency to Va. reaszess theso Impacts. Department of Commerce: EU-Envlronmcntally Unatisfactory. EPA D-DOC--3-F ...... Interamerican Trade and Cultural Center (Interama), LO-2 B believes that the Dade County, Fla. propo:ed action is unsath- I D-EDA-280i-NH ------Proposed water filtration and treatment N.H. plant, Berlin, ER-2 B factory because of Its potentially harmful Defense: Departmnent of effect on the environment. Furthermore, tho D-USN-11010-NC ------U.S. Navy Atlantic Fleet air combat range, Pamlico, LO-2 E Agency believes that the potential safeguarda N.C. D-USN-11050-TT ------Farallon do Medinilla bombardment ra'go, Mariana LO-1 which might be utilized may not adequately Islands, Trust Territories. Department of the Intrior: protect the environment from hazards arls- D-BLM-65074-CA ...------Proposed Big Butte timber sale, Mendoecino and Trinity ER-2 Ing from this action. The Agency recommends Counties, Calif. D-NPS-61227-WA ------Proposed development concept plan, Diablo Lake Re- LO-1 K: that alternatives to the action be analyzed vort, Ross Lake National Recreation Area, Wash. further (Including the pos-ibIlity D-NPS-1238-O------Ft. Sumter and Ft. Moultrio National Monument, and LO-2 of no development, South Carollnla. action at all). D-NS-61249-N ------Carlsbad Caverns National Park, N. Alex ------ER-1 G D-SFW-61242-FL 7.N. "Ding" Darling WildernessArea, Leo County, Fla. LO-2 B ADEQUACY OF TILE IrJl'ACT STATI TNr D-SFW-64015-AZ ------Proposed Kofa Wilderness Area, additions to Kofa Na- LO-1 I tionat Wildlife Refuge, Ariz. Interstate Commerce Commiss ion: Category 1-Adequate, The draft Impact D-ICC-53033-00 ------Ex parte 270, railroad freight rate--Iron ore, scrap iron, ER-2 A statement adequately sets forth the environ- and stVseL National Capitol Planning Commission: mental impact of the proposed project or D-NCP-S9135-DC ------Downtown urban renewal area, reidential section, LO-2 D action as well as alternatives Washington, D.C. reasonably D-NCP4I30-DC ------H Street urban renewal area, Washington, D.C ------LO-2 D available to the project or action. D-NCP-9137-DC------Show School urban renewal area, Washington, D.C ---- LO-2 D Category 2-Insufficient Information. EPA Tennessee Valley Authority: D-TVA-85010-AL ------Elkmont rural village, Lower Elk River area, Alabama. LO-2 believes that the draft impact statement Department of Transportation: dees D-FAA-51840-MN ------Runway construction and extension, Marshall, Mln -.- LO-1 not contain sufficient Information to D-FAA-5183O-TX ------Wlliam P. Hobby Airport, Houston. Tex.------ER-2 a assess fully the environmental Impact of the D-FAA-51840-TX -----...--- Houston Intercontinental Airport, Tex. ...------ER-i G proposed project D-FAA-5184S-NC ------Johnston County Airport, Smithfleld N. C------LO-2 E or action. However, from. D-FAA-51850-MS ------Brookhaven Municipal Airport Brookhaven,- Miss ---- LO-2 B the information submitted, the Agency is D-FAA-51835-OR ------Portland Hillsboro Airport, Hillsboro, Oreg ...------O-1 D-FAA-51852-TX ------City-County Airport Tulla, Tex ------L O-2 G able to make a preliminary determination of D-FHW-i2171-TX ------USH 75 from 131 In Sherman, north to Texas-Oklahoma LO-2 G the impact on the environment. EPA htas line, Texas. D-FHW-42172-NL .------Gallup Bypass and U.S. 66 In Gallup and McKinley ER-2 a requested that the originator, provide the Counties, N. Mex. D-FHW-42194-CA ------Interstate Route 15, Escondldo San Diego. CaLilf ----- LO-I J information that was not Included in the D-FHW-42190--WA ------Washington Forest Highway, Route 19, Tonasket-San LO-1 K draft statement. Poll Highway-, Wash. D-FIHW-42199-WI ------Monroe Bypass, State Highway 11, Green County, Wis. LO-1 p Category 3-Inadequate. EPA believei that D-FHW-42200-KS ------U.S. 69, Bourbon County, Kans ------LO-2 H the draft impact statement does D-FH W-42213-CA not ado------Route C9, Sacramento and Sutter Counties, (IR 5-SR LO-2 quately assess the 70), Calif. environmental impact of D FHW 42210 MS------Leo and Itawamba Counties, U.S. 78, MississppL... LO 2 E the proposed D-FHW-42217-SO -.------Beaufort County, U.S. 278, improvements, S.C ------LO-2 E project or action, or that the D-FHW-42220-WA ------Washington Forest Highway, Route 7, Mountain Loop LO-1 X statement inadequately Highway, Wash. analyzes reasonable D-PHW-12220-SD ...... F020-6, Miner County, and F020-7 Lake County, S. Dak_ ER-2 available alternatives. The Agency has re- D-FH-42223-ND .----- Bottineau County Road, Metigokshe West, N. Dak_.... L0-1 D-FEIW-421.05-TN I quested more Information and analysis con------Widening of Chickamaugh Dam Bridge, Hamilton LO-2 cerning the potential Tenn. environmental hazards Department of Treasury: County, DS-TRE-1158--CO1- . Proposed nowDenvr Mint, Colorado ------LO-2 and has asked that substantial revision be made to the impact statement.

JFDEVA1 IEG ,VO,. 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20535

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A 0 2- A 20536 NOTICES fornia Street, San Francisco, California Pine Oil 100%. Method of Support: Appli- EPA File Symbol 8764-EA. FMO Corporation, 94111. cation proceeds under 2(b) of Interim Citrus Machinery Division, P.O. Box 65, K. Director of Public Affairs, Region X, En- policy. Riverside, California 92502. Funglctdc cone. vironmental Protection Agency, 1200 Sixth EPA File Symbol 6414-T. Bain Pest Control 1015. Active Ingredients: Bonomyl Methyl Avenue, Seattle, Washington 98101. Service, 347 Central Street, Lowell, M assa- 1 - (butylcarbamoyl) - 2-benzimidazolecar- chusetts 01852. Checker Brand 72% Chlor- bamate 10.0%. Method of Support: Appli- [FI Doc.74-13028 Filed 6-10-74;8:45 am] dane Spray Hills Ants and Lawn Insects. cation proceeds under 2(c) of Interim Active Ingredients: Technical Chlordane policy. 72.0%; Petroleum Distillate 21.0%. Method EPA Pile Symbol 279-EOTA, niC Corpora- [OPP-32000/65] of Support: Application proceeds under tion, Agricultural Chemical Division, 100 NOTICE OF RECEIPT OF APPLICATIONS 2(c) of interim policy. Niagara Street, Middleport, New York FOR PESTICIDE REGISTRATION EPA File Symbol 960-ROL. Balcom Chemi- 14105. Pyrenone Multi-Purpose Inveoticiel cals, Inc., P.O. Box 667, 240 22nd Street, code 250-15. Active Ingredients: Pyrethrina Data To Be Considered in Support of Greeley, Colorado 80631. Clean CropMethyl 0.5%; Plperonyl Butoxide, Technlcal 5,0%; Applications Parat iton-Toxaphene 3-6 EC. Active In- Petroleum Distillate 4.3%. Method of Sup- On November 19, 1973, the Environ- gredients: Methyl Parathion 25.8%; Toxa- port: Application proceeds under 2(e) of phene 51.5%; Xylene 8.0%. Method of Sup- interim policy. mental Protection Agency published in port: Application proceeds under 2(c) of EPA File Symbol 34139-li. 0 & a Chemical the FEDERAL REGISTER (38 FR 31862) its interim policy. Co., Inc., 1550 Carroll Avenue, San Fran- interim policy with respect to the admin- EPA File Symbol 6125-RT. Bixon Chemical cisco, California 94124. Formula 4026 Sani- istration of section 3(c) (1) (D) of the Company, 50-19 97th Place, Corona, New tizer-Cleaner. Active Ingredients: AlhIyl Federal Insecticide, Fungicide, and Ro- York 11368. Food Plant Fogging Insecticide. (60% C14, 30% 010, 5% 012, 5% 018) Di- denticide Act (FIFRA), as amended (86 Active Ingredients: Pyrethrins 0.5%; methyl Benzyl Ammonium Chlorides Stat. 979), and its procedures for imple- Piperonly Butoxide, Technical 5.0 %; Petro- 1.28%; Alkyl (68% 012,32% 014) Dimethyl mentation. leum Distillate 94.5%. Method of Support: Ethylbenzyl Ammonium Chlorides i.28%* This policy provides that Application proceeds under 2(c) of interim Sodium carbonate 2.00%. Method of Sup- EPA will, upon receipt of every applica- policy. port: Application proceeds under 2(b) of tion, publish in the Federal Register a EPA Beg. No. 4-131. Bonide Chemical Co., 2 interim policy. notice containing the information shown Wurz Avenue, Yorkvile, New York 13495. EPA File Symbol 0998-G. Gardner Corpora- below. The labeling furnished by the ap- Captan-50% VIP. Active Ingredients: tion, 311 Whelis Street, P.O. Box 36, West plicant will be available for examination Captan N-(trichloromethyl) thio-4-cyclo- Monroe, Louisiana 71291. Pine + Plus Pino at the Environmental Protection Agency, lhexene-1,2-dicarboximide 50%. Method of Odor Disinfectant. Active Ingredients: Room EB-37, East Tower, 401 M Street, Support: Application proceeds under 2(c) Pine Oi 9.00%; Soap 8.60%; Ortho-benzyl- of nterim policy. para-chlorophenol 5.00%; Isopropyl alco- SW, Washington, D.C. 20460. EPA File Symbol 34132-R. Cealin Chemicals, hol 3.00%. Method of Support: Application On or before August 12, 1974, any per- 6141 Arlington Expressway, Jacksonville, proceeds under 2(b) of Interim policy. son who (a) is or has been an applicant, Florida 32211. Trichlorin. Active Ingredi- EPA File Symbol 8544-RL. General Pool (b) desires to assert a claim for compen- ents: Potassium Dichloroisocyanurate Supply, 8700 Bellanca Avenue, Los Angeles, sation under section 3(c) (1) (D) against 100%. Method of Support: Application California 90045. Sanl-Tab 300, Active In- another applicant proposing to use sup- proceeds under 2(c) of interim policy. gredients: Trichloro - s - Triazinetrono portive data previously EPA File Symbol 34132-E. Cealin Chemicals, 100%. Method of Support: Application submitted and 6141 Arlington Expressway, Jacksonville, proceeds under 2(c) of Interim policy, approved, and (c) wishes to preserve his Florida 32211. Duochlorin. Active Ingredi- EPA File Symbol 4651-E. Hunter Chemi- opportunity for determination of rea- ents: Sodium isocyanurate 100%. Method cals, Inc., P.O. Box 14532, Houston, Texag sonable compensation by the Adminis- of Support: Application proceeds under 77021. Hunter's Disinfectant Concentrate trator must notify the Administrator and 2(c) of interim policy. 51O.'Active Ingredients: AIlyl (c14 58%, the applicant named in the Federal Reg- EPA File Symbol 239-EUEL. Ortho Division, C16 28%, C12 14%) dlmethyl benz.yl am- Ister of his claim by certified mail. Every Chevron Chemical Company, 940 Hensley monium chloride 10.00%; Sodium Carbon" such claimant must include, at a mini- Street, Richmond, California 94804. Ortho ate 1.00%; Ethylenedlaminotetraaet o mum, the information listed in this in- Weed-B-Gon Lawn Weed Killer. Active In- acid, tetrasodium salt 0.38%. Method of gredients: Butoxy propyl esters of 2,4- Support: Application procpeds under 2(o) terim policy published on November 19, dlchlorophenoxyacetic acid 21.4%; Butoxy of interim policy. 1973. propyl esters of silvex [2-(2,4,5-trIchloro- EPA File Symbol 2342-OGU. Xerr-Mcaeo Applications submitted under 2(a) or phenoxy) proplonic acid] 10.0%. Method of Chemical Corporation, Kerr-McGeo Center, Support: Application proceeds under 2(c) Oklahoma City, Oklahoma 73125. RM Faceo 2(b) of the interim policy in regard to of interim policy. Susperse lVu-Tri-HI-Cop. Active Ingredi- usage of existing supportive data for reg- EPA File Symbol 8203-EG. Chipman Chemi- ents: Copper as metallic 70.00%. Method istration will be processed in accordance cals Limited, P.O. Box 3100, Station C, of Support: Application proceeds under Hamnilton, Ontario L8H7K5. Chipman 2,4-D 2 (c) of Interim policy. with existing procedures. Applications Amine 80 2,4-D Liquid Weedkiller. Active EPA File Symbol 2342-OGN, Kerr-McGee submitted under 2(c) will be held for the Ingredients: 2,4-D Acid 43.06 %; Dimethyla- Chemical Corporation, Xerr-Mcaeo Center, 60-day period before commencing proc- mine 14.72%. Method of Support: Appli- Oklahoma City, Oklahoma 73125, Fasco cation proceeds under 2(c) of Interim Toxaphene Bait-8. Active Ingredients: essing. If claims are not received, the policy. Toxaphene (Technical Chlorinated Cam- application will be processed in normal EPA File Symbol 192-URN. Dexol Industries, phene containing 67% to 69% Chlorine) procedure. However, if claims are re- 1450 West 228th Street, Torrance, Califor- 8.00%. Method of Support: Application nia 90501. Dezol Fruit & Vegetable Spray. proceeds under 2 (c) of Interim policy. ceived within 60 days, the applicants Active Ingredients: Rotenone 1.1%; Other EPA File Symbol 309i3-11A. Lea Chemical% against whom the particular claims are Cube Extractive 2.2%; Pyrethrins 0.8%; P.O. Box 868, Marlanna, Florida 32440. Lea Petroleum Distillate 3.2%; Aromatic Pe- asserted will be advised Bowl White Disinfectant, Active Ingredi- of the alterna- troleum Hy'drocarbons 81.7%. Method of tives available under the Act. No claims ents: Isopropanol 10.0%,, Hydrogen Ohio- Support: Application proceeds under 2(c) ride ".86%; n-Alkyl (50% 014, 40% 013, will be accepted for possible EPA ad- of interim policy. 10% C16) dimethyl bonzyl ammonium judication which are received EPA File Symbol 352-GAE. E. I. Du Pont De chloride 5.0%; phosphoric acid 4,50','- after Au- Nemours & Company (Inc.), 6054 DuPont gust 12, 1974. nonyl phenoxy polethoxy ethanol 3,0',; Building, Wilmington, Delaware 19898. Du- Bs (tri-n-butyltin) oxide 0.95%; Essen- APPLicATiONS REcErvEn Pont Lannate WP Methomyl Insecticide. tial oils 0.4%. Method of Support: Appli- Active Ingredients: S-methyl-N- I (Methyl- cation proceeds under 2(0) of Intorin EPA File Symbol 1363-CO. Acme Chemical carbamoyl) oxy]thioacetimidate 25%. Company, 2506 North 32nd Street, Milwau- policy. Method of Support: Application proceeds EPA File Symbol 1021-RORI. McLaughlin kee, Wisconsin 53245. Acco Algicide 15-01. under 2(b) of Interim policy. Active Ingredients: Poly [oxyethylene(di- Gormley Xing Company, 8810 Tenth Ave- EPA File Symbol 8764-ET. FMC Corporation, nue North, Minneapolis, Minnesota 56427, mcthyliminio) ethylene (dimethyliminio)- Citrus Machinery Division, P.O. Box 552, MGK Pyrocide Fogging Formula 7221. Ac- ethylene dichloride] 15.0%. Method of Sup- Riverside, California 92502. Fungicide tive Ingredients: Pyrethrin 0.0%; Piper- port: Application proceeds under 2(b) of Cone. 2020. Active Ingredients: Benomyl Interim policy. Methyl 1- (butylcarbamoyl) -2-benzimid- onyl butoxlda, technical 3.0%; Petroleum EPA File Symbol 32991-R. Ashland Chemical azolecarbamate 10.0%. Method of Support: distillate 96.4%. Method of Support: Ap- Co., Box 6068, Kansas City, Kansas 66106. Application proceeds under 2(c) of interim plication proceeds under 2(e) of Interim Glidco Pine Oil-150. Active Ingredients: policy. policy.

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20537

EPA File Symbol 11800-RE. Midwest Agrl- 98033. Alldct-76 Detergcnt-Sanitizer and Arimal. Active Ingredients: Pyre- cultural Warehouse Co., 200 South Main, for Food Processors. Active Ingredients: thrlna 0.500%; Plperonyl Butoxide, Techni- Fremont, Nebraska 68025. Clean Crop Sodium metasillcato 10.0%; Sodium car- cal 4.000%; Petroleum DLAtIllates 8.000%. Captan-HeptachlorSeed Protectant.Ac- bonate 15.0%; Sodium dichloro-c-tri- Method of Support: Application proceeds tive Ingredients: N- [(trlchloromethyl) azinetrone 2.0%. Method of Support: under 2(c) of interim policy. thiol,- 4 - cyclohexene-1,2-dicarboximdo Application proceeds under 2(c) of In- EPA Pile Symbol 4887-RTE. Stephenson 10.0%; Heptachlorotetrahydro-4,7-metha- terim policy. Chemical Co, Inc, P.O. Box 87188, College noldene (Heptachlor) 25.0%; Related EPA Reg. No. 655-87. Prentiss Drug & Chemi- Parla,Georgia 30337. Stephenson Chemicals Compounds 9.7%. Method of Support: cal Co., Inc., 363 Seventh Avenue, New Formula 382. Active Ingredients: (5- Applicailon proceeds under 2(c) of in- York, New York 10001. PrentexPyronyl75-- Benzyl-3-furyl)methyl 2,2-dimethyI-3-(2- terim policy. an Insecticide for Formulating Ure. Active methylpropenyl) cyclopropanecarboxylate EPA File Symbol 5967-E,L Moyer Chemical Ingredients: Plperonyl Butoxide. Techni- 2.00%; Related Compounds .0.27%; Aro- Company, 1310 Bayshore Highway, P.O. cal 75.00%; Pyrethrlns 7.50%; Deodor led matlo Petroleum Hydrocarbons 90.15%. Box 945, San Jose, California 95108. Moyer Kerosene 17.50%. Method of Support: Method of Support: Application proceeds Dormant Emulsion. Active Ingredients: Application proceeds under 2(c) of In- under 2(c) of Interim policy. Petroleum 01 80.00%. Method of Support: terim policy. EPA Rile Symbol 615-GA. National Labora- Application proceeds under 2(c) of In- EPA File Symbol 11963-1. Roman Chemical tories. Lehn & Fink Industrial Products terim policy. Corp., P.O. Box 1462, Rome, Georgia 30161. Divlsion of Sterling Drug Inc., 225 Summit EPA File Symbol 5967-RET. Moyer Chemical Roman Mint 7 Dsinfcetant-Detergent Avenue, Montvale, New Jerey C7645. New Company, 1310 Bayshore Highway, P.O. Sanitizer-Deodorizer. Active Ingredients: Tergiquat Germicidal Cleaner. Active In- Box 945, San Jose, California 95108. royer Alkyl (014 58%, 016 28%. 012 14%) dl- gredients: Alkyl (50% 014, 40% C12, 10% Dormant Soluble. Adtive Ingredients: methyl benzyl ammonium chloride 2.0%; C01) dmethyl benzyl ammonlum. chloride Petroleum 01 99.00%. M6ethod of Support: Isopropanol 2.0%; Methyl ealicylate 0.5%. 2.3%; Tetrasodium ethylenedia-ine tetra- Application proceeds under 2(c) of In- Method of Support: Application procceds acetate 1.9%; Dldecyl dimethyl ammonium terim policy. under 2(b) of Interim policy. chloride 0.7%. Method of Support: Appli- EPA Pile Symbol 1258-OIR. Olin Corporation, EPA Pile Symbol 11963-L. Roman Chemical cation proceeds under 2(c) of interim pol- P.O. Box 991, Little Rock, Arkansas 72203. Corp., Roman Lemon 7 Dinfertant-Dc- Icy. Olin Calcium Hypochlorite Sanitizer- tergent Sanitizer-Deodorizer. Active In- EPA File Symbol 13153-I. The Vas-Mo Com- 40%. Active Ingredients: Calcium Hypo- gredients: Alkyl (014 58%, 016 28%. 012 pany, Inc. 900-02 Summit Street, Toledo, chlorite 40%. Method of Support: Appli- 14%) dimethyl ben-yl ammonium chloride Ohio 43G04. Sanz-M. Active Ingredients: cation proceeds under 2(c) of interim 2.00%; Isopropanol 1.00%; E=entlal OilM Alkyl (014 50%, C12 40%, CI6 10%) di- policy. 0.25%. Method of Support: Application methyl benzyl ammonium chloride 10.00%; EPA File Symbol 3635-ROT. Oxford Chemi- proceeds under 2(b) of Interim policy. Ethanol 2.0%. Method of Support: Appli- cals P.O. Box 80202, Atlanta, Georgia EPA File Symbol 11963-U. Roman Chemical cation proceeds under 2(b) of nterim pol- 30341. Oxford 1922 Disinfectant-Deter- Corp. Roman Pine 13 Disnfcctant-Dctcr- icy. gent. Active Ingredients: Isopropanol gent Sanitizer-Dcodorizer. Active Ingredi- EPA Pile Symbol 11656-RU, Western Farm 11.12%; Tetrasodium ethlylenediamine ents; Isopropanol 9.50%; Pine oil 7.90%; Service, Inc., 2401 Crow Canyon Road. San tetraacetic acid 4.00%; Sodium o-benzyl- Alkyl (014 581, 016 28%, 012 14%) dl- Ramon, California 9458.3. Western Farm p-chlorophenate 3.75%; Sodium pars- methyl benzyl ammonium chloride 3.05%. Service Parathion 8 Emulsifiable Lfquid. tertiary butylphenol 3.28 %;" Sodium Method of Supp6rt: Application proceeds Active Ingredients: Parathion: 0,0-dethyl xylene sulfonate 3.20%:- Sodium lauryl under 2(b) of interim policy. O-p-nltrophenyl thlophosphate 73.5%. sulfonate 3.00%; Sodium 4-chloro-2- EPA File Symbol 11963-0. Roman Chemical Method of Support: Application proceeds cyclopentyl phenate 2.35%; Sodium 2,4,5- Corp. Roman Lemon 15 DWnfectant-De- under 2(c) of interim policy. trichlorophenate 232%. Method of Sup- tergent Sanitizer-Deodorizer. Active In- EPA File Symbol 11656-RA. Western Farm. port: Application proceeds under 2(c) of gredients: Alkyl (014 68%, 016 28%, 012 Service, Inc. WeTter Farm Serrice Ethyl- interim policy. 14%) dlmethyl benzyl ammonium chloride Mrethyl &-3. Active Ingredlents: Parathion: EPA File Symbol 3635-.-ROA. Oxford Chemi- 4.0%; Izopropanol 2.0%; Ezzentlal Oils O,O-diethyl -p-nitropheny phosphoro- cals, P.O. Box 80202, Atlanta, Georgia 0.5%. Method of Support: Application pro- thleate 54.0%; 0-0-dimethyl O-p-nitro- 30341. Oxford BiopHect Disinfectant-De- ceeds under 2(b) of Interim policy. phenyl phosphorothloate 27.0%; Aromatic tergent. Aztive Ingredients: Dodecyl- EPA File Symbol 11963-E. Roman Chemical Petroleum Derivative Solvent 5.4%.M ethcd benzene sulfuric acid 19.2%; Isopropanol Corp. Roman Mint 15 Disinfcctant-Deter- of Support: Application proceeds under 16.3%; Phosphoric acid 4.5%; P-tertiary- gent Sanitizer-Deodorizer. Active Ingredl- 2(C) of interim policy. butyl phenol 4.1%; O-benzyl-p-chloro- ents: Alkyl (C14 58%, 016 28%, 012 14%) EPA File Symbol 11656-RG. Western Farm phenol 3.8%; 4-chloro-2-cyclopentyl phenol dimethyl benzyl ammonium chloride Service, Inc. Wetemr Farm Service ethyl 1.1%. Method of Support: Application 4.00%; lsopropanol 4.00%; Methyl Salcy- Parathfon 5 EmuLate. Active Ingredients: proceeds under 2(c) of Interim policy. - late 1.00 %. Method of Support: Application ?Mcthyl Parathion (0,0-dimethyl O-p-nl- EPA File Symbol 13680-R.T. Ozark Chemical proceeds under 2(b) of interim policy. trophenyl phe-phorothioste) 55.5%; Aro- Company, 413 East 10th Street, No. Little EPA File Symbol 11963-A. Roman Chemical matIc Petroleum Solvent 23.8%. Method of Rock, Arkansas 72203. Sanad-ine Liquid Corp. Roman Pine 6 Disinfectant-Deter- Support: Application proceeds.under 2 (c) Iodine Bearing Detergent/Sanitizer. Ac- gent Sanitize? Deodorizer. Active Ingredi- of interim policy. tive Ingredients: Nonylphenoxpoly (ethyl- ents: Isopropanol 4.75.%; Pine ol 3.05%; EPA File Symbol 11656-EL. Western Farm eneoxy) ethanol Iodine Complex (provid- Alkyl (014 68%, 010 28%, 012 147) di- Service, Inc. Western Farm Service, Inc, Ing 1.75% available Iodine) 8.75%; Phos- methyl benzyl ammonium chloride 1.97%. Parathfon 4. Active Ingredients: Para- phoric Acid 8.00%. Method of Support: Method of Support: Application proceeds thon (0,0-dethyl O-p-nltrophenyl phcs- Application proceeds under 2(b) of in- under 2 (b) of interim policy. phorothloate) 47.6%; Aromatic Petroleum PA EPA Pile Symbol 3682-UN. E. W. Smith Derivative Solvents 46.7%. Method of Sup- File Symbol 4389--TN. Pacific t9Ae Symol 438 Chemical, Chemical Company, 15020 East Proctor port: Application proceeds under 2(c) of Division Pace NTational Corporation, 500 Avenue, Industry, California 91746. Quel-3. interim policy. 7th Avenup South, Kirkland, Washington Active Ingredients: (6-Benzyl-e-furyl) EPA Reg. No. 984-56. Whitmoyer Labora- 98033. Master Cax, A Heavy Duty Cleaner- methyl 2,2-dimethyl-3-(2-mcthylpropenyl) torle3, Inc, 19 North Railroad Street, My- Santier-Deodorizer. Active Ingredients: cyclopropanecarboxylato 3.000,%; Related erstown, Pennsylvania 17067. Whitmoyer Sodium Hydroxide 30%; Sodium Carbon- Compounds 0.409%; Aromatic petroleum 2'ryad-A Multiple-Use Cleanser, Disinfect- ate 30%; Trlsosodium Phosphate 15%; hydrocarbons 91.471%. Method of Support: ant and Deodorant. Active Ingredients: Sodium Dichloro-s-triazinetrIone 1%. Application proceeds under 2(c) ofinterim n-alkyl (50% 014,40% C12, 10% C16) di- Method of Support: Application proceeds policy. methyl benyl ammonium chloride 5.0%; under 2(c) of interim policy. EPA File Symbol 3682-UR. E. W. Smith Sodlum hydroxide 3.00%; TetrasodiumSalt EPA File Symbol 4389-AO. Pacific Chemi- Chemical Company, 15020 East Proctor of EDTA 028%. Method of Support: Ap- cal, Division Pace National Corporation, Avenue, Industry, California 91746. Quel- plication proceeds under 2(a) of interim 500 7th Avenue South, Kirkland, Washing- 24. Active Ingredients: (5-Benzyl-3-furyl) policy. ton 98033. Pole Top Fluid. Active Ingredi- methyl 2,2-dimothyl-3-(2-methlypro- EPA File Symbol 9639--RN. Willard Products, ents: Pentachlorophenol 8.6%; Other penyl) cyclopropanecarboxylato 24.30,; 70 Chemical Way, Redwood City, California chlorinated phenols and related com- Related compounds 3.30%; Aromatic o- 04063. O.-90 Pool Chlorine Tablets. Active pounds 1.0%. Method of Support: Appli- troleum hydrocarbons 66.40%. Moethod of Ingredients: Trlchloro - a - trlazinetrione under 2(c) of interim Support: Application proceeds under 2(o) cation proceeds 69.7%. Method of Support: Application policy. - of Interim policy. proceds under 2(c) of Interim policy. EPA File Symbol 4389-AI. Pacific Chemical, EPA File Symbol 11715-GR. Speer Products, Division Pace National Corporation, 500 Inc., P.O. Box 9383, Memphis, Tonnescee EPA File Symbol 9639-R. Willard Products, 7th Avenue South, Mirkland, Washington 38109. Speer Dairy Aerosol for Mill. Houses 70 Chemical Way, Redwood City, California

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 No. 113-Pt. 1-10 20538 NOTICES ,

94063. Willard Muriatic Acid. Active Ingre- ticide Act, as amended (86 Stat. 973), Eli trogen specific detector. The phenollo dients: Hydrogen Chloride 31.45%. Meth- Lilly & Company applied to the Environ- metabolites are first converted to their od of Support: Application proceeds under mental Protection 2(c) of interim policy. Agency to register a 2,4-dinitrophenyl ethers by reacting with pesticide product containing chloro- 1-fluoro-2.4-dinttrobenzene, REPUBLISHED ITEMS phenothane (DDT). Notice of receipt of Dated: June 1, 1974. The following items represent a cor- this application was published in the FED- rection and/or change in the list of Ap- ERAL FEGISTER (38 FR 22509). JOHN B. RITOH, Jr., plications Received previously published On the basis of the information fur- Director, in the FEDERAL REGISTER of May 20, 1974 nished by the applicant, this pesticide Registration Division, (39 FR 17796). product was registered under the Act as FR Doc.74-13367 Filed 6-10-74:8:45 am] amended on May 9, 1974, as follows: EPA Reg. No. 655-70. Prentiss Drug & Chem- EPA Reg. No. 1471-98. Eli Lilly & Co., In- ical Co., Inc., 363 Seventh Avenue, New INTERIOR DEPARTMENT York, New York 10001. Prentoz Rotenone dianapolis, Indiana 46206. Lilly Liquid No. 5% Oil Concentrate. Active Ingredients: 31, Topocide Benzyl Benzoate Compound, Filing of Petition Regarding PesticIde Rotenone 5.00%; ... Methyl Naphthalenes Topical. Active Ingredients: Benzyl Benzo- Chemical 85.00%. Originally published as Methyl ate 12%; Benzocaine 2%; Chloropheno- Napthalenes 85.00 %. thane (name used in medicine and phar- Pursuant to provisions of the Federal EPA File Symbol 6741-0. Spartan Chemical macy for DDT) 1%. Uses: For infestations Food, Drug, and Cosmetic Act (sec. 408 Company, Inc., 110 North Westwood Ave- with Phthiruspubis (crab louse) Sarcoptes (d)(1), 68 Stat. 512; 21 U.S.C. 346a(d) nue, Toledo, Ohio 43607. Spartan's Spar- scabiei (scabies), and Pediculu3 capitis (head louse). (1)), notice is given that a petition (PP quat 256 Germicidal Cleaner. Active Ingre- 4F1494) has been filed by the United dients: Octyl. Decyl Dlmethyl Amnmoum Registration of this product is consist- States Department of the Interior Bu- Chloride 3.750%; . . .. Alkyl (C14 50%, ent with the Order of the Administrator reau of Sport Fisheries and Wildlife, C12 40%, C16 10%) Benzyl Dimethyl Am- of June 14, 1972, which monium Chloride 5.000%; ... Originally was published in Washington, D.C. 20250, proposing es- published as Alkyl (C14 50%, C12 40%, the FEDERAL REGISTER Of July 7, 1972 (37 tablishment of tolerances (40 CFR Part CIS 10%) Benzy Dlmethyl Ammonium FR 13399). This Order did not cancel 180) for residues of phosphine from use Chloride 5.000%. those uses of DDT intended for public of the rodenticide zinc phosphide in or health disease control, health quaran- on the raw agricultural commodities Dated: May 31,1974. tine, and prescription drugs. Registration rangeland grasses, forbs (broadleaf JoHN B. RITcH, Jr., is in no way to be construed as an en- herbs), and shrubs at 0.1 part per Director,Registration Division. dorsement or approval of this product by million. [FR Doc.74-13146 Filed 6-10-74 8:45 am] the Environmental Protection Agency. The analytical method proposed In the A copy of the registered label for this petition-for determining residues of the product is on view to the public at the rodenticide Is one in which zinc phos- AMERICAN CYANAMID CO. Environmental Protection Agency, 401 M phide is hydrolyzed to phosphine gas Filing of Petition Regarding Pesticide Street, SW., Room B31-East Tower, which is then measured by a gas chroma- Chemical Washington, D.C. 20460, during normal tographic procedure using a flame photo- working hours (8 am. to 4:30 pm.), metric detector. Pursuant to provisions of' the Federal Monday through Friday. Food, Drug, and Cosmetic Act (sec. 408 Dated: June 1, 1974. Dated: (d) (1), 68 Stat. 512; 21 U.S.C. 346a(d) June 5, 1974. JOHN B. RITCH, Jr., (1)), notice Is given that a petition (PP JAMnES L. AGEE, Director, 4F1496) has been filed by American Acting Assistant Administrator Registration Division, for Water and Hazardous Materials. Cyanamid Co., Post Office Box 400, [FR Doe.74-13368 Filed -10-74;8:45 am] Princeton, NJ 08540, proposing establish- [PR Doc.74-13366 Filed 6-10-74;8:45 am] ment of tolerances (40 CFR Part 180) for UPJOHN CO. combined negligible residues of the in- FMC CORP. Filing of Petition Regarding Pesticide secticide S[ (tert-butylthio) methyl]0,0- Filing 'of Petition Regarding Pesticide Chemical diethyl Chemical phosphorodithioate and its Pursuant to provisions of the Federal cholinesterase-inhibiting metabolites in Pursuant to provisions of the Federal Food, Drug, and Cosmetic Act (sec. 408 Food, Drug, and Cosmetic Act (sec. or on the raw agricultural commodities 408 (d) (1), 68 Stat. 512; 21 U.S.C. 346a(d) field corn (d) (1), 68 Stat. 512; 21 U.S.C. 346a(d) grain, fodder, and forage at (1)), notice Is given that a petition (PV 0.05 part per million. (1)), notice is given that a petition (PP 4F1482) has been filed by FMC Corp., 4F1500) has been filed by The Upjohn The analytical method proposed in 100 the Niagara Street, Middleport, New York Co., Kalamazoo, MI 49001, proposing re- petition for determining residues of the 14105, proposing establishment of a toler- vision of the existing tolerance (40 CFR insecticide Is a gas-liquid chromato- ance (40 CFR Part f80) for combined res- 180.200) for residues of the fungicide 2,6- graphic procedure using idues of the insecticide carbofuran (2,3- a thermionic dichloro-4-nitroaniline In or on the raw detector. dihydro-2,2-dimethyl-7-benzofuranyl-N- methlycarbamate) ; its carbamate me- agricultural commodity apricots at 20 Dated: June 1, 1974. tabolite 2,3-dihydro-2,2-dmethyl-3-hy- parts per million to allow postharvest JOHN B. RITcH, Jr., droxy-7-benzofuranyl - N - methylcarbia- application. Director, mate; and its phenolic metabolites The analytical method proposed In the RegistrationDivision. 2,3-dihydro-2,2-dimethyl -7 - benzofura- petition nol, 2,3-dihydro-2,2-dimethyl-3-oxo-7- for determining residues of the [FR Doc.74-13370 Fled 6-10-74;8:45 am] benzofuranol, and 2,3-dihydro-2,2-di- fungicide is a gas chromatographic pro- methyl-3,7-benzofurandiol in or on the cedure utilizing an electron capture [OPP-32008] raw agricultural commodity strawberries detector. EU ULLY & COMPANY at 0.5 part per million, of which no more Dated: June than 0.2 part per million is carbamates. 1, 1974. Registration of a Pesticide Product The analytical method proposed in the JOHN B. RITclr, Jr., Containing Chlorophenothane (DDT) petition for determining residues of the Director, Pursuaht to the provisions of the Fed- insecticide and Its metabolites Is a gas RegistrationDivision. eral Insecticide, Fungicide, and Roden- chromatographic procedure using a ni- [PR Doo.74-13369 Filed 6-10-74;8:45 am]

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20539 FEDERAL COMMUNICATIONS Theagendalsasfollows: meeting. Any member of the public COMMISSION (1) Approval of IMnutes. wishing to make an oral statement must (2) Report on Steering Committee ActLvl- consult with the Committee prior to the CABLE TELEVISION TECHNICAL ADVISORY ties. meeting. Inquiries may be directed to COMMITTEE, PANEL 9 (3) evlewofPanel 9FinalReport. Mr. Cort Wilson, FCC, 1919 M Street Pinal Subcommittee Data NW., Washington, D.C. 20554-(202) Notice of Public Meeting System(4) Survey.eport of 632-9797. JuNE 5, 1974. (5)Draft of Recommendations to FCC. Pursuant to Pub. L. 92-463, notice is (6) Establish Date, Time and Place for Dated: June 4, 1974. hereby given of a meeting of the CTAC Next Meeting. FEDEEAL COMMUNICATIONS Panel 9 Committee on June 24, 1974, to Co3assioN, be held at the RCA Laboratory, lain En- Any member of the public may attend [SCA I VOmcM J. MurLSSs, try, Princeton, New Jersey. The time of or may file a written statement with the Secretary. the meeting is 10 a.m. Committee either before or after the IFRDoc.74-13328 Piled C-1G-74;8:45 am]

[Mexican LIst 2721 MEXICAN STANDARD BROADCAST STATIONS Notification Ust List of new stations, proposed changes In existing stations, deletions, and corrections in assignments of Mexican standard broadcast stations modifying the assignments of Mexican broadcast stations contained in the Appendix to the Recommendations of the North American Regional Broadcasting Agreement Engineering Meeting, January 30, 1941. MAY 10, 1974.

Antenna Antennam Gr'unmd sycm Proposed date of Call letters Location Powcr watts radiatin Schedule Cl klths canoe com- mvlmjkw (MCIt) Numter Length mermnt of radlals (feet) operation

610 HLk XEEL (P0 1000-D/150-N, FrsnUlo, Zac.,N.231l035", W. 1:( ,l' " -D...... DA-2 U MI .. ---- ...... 1-1-73 (Prcbab!s. ND, U). 35".1000-N ..... ND-75 U 11I 2X 0 215 1-1-73 (Probable). XE0P (PO 250-D/200-N, Villa Frontem,. Caoh., N. 2VZ5'30"', 10W-D.. ND). W. 101!'26'5W" 230-N ...... 600 11: XEOL (PO 500-DI100-N, Tezlutlan, Pue., N 19'48 28", W. 97' I(O.-D ----- ND U 31 7-1-74 (Probable). ND). 21'$2. ----- 690 k1L XEUM (PO 250, ND, U) --- Valladoltd, Yuc ...... 0-D ...... - ND U 11 ...... 4-1-74 (Probabl* 1110 IL XEIED (PO 50,000-DA10,000 Mexico, D.F ------0,00 .------DA-N U U . . 1-1-74. N, ND--change in call letters fromnXERON). XERRF (in operation since Merida Yue., N. 21'00'', W. 1000.D ...... ND-1,7 U 197 Co0 197 1-1-7L 1-1-74). 39,3 56.5". ,T-N..... IV) kri- XEZT (in operation since Puebla, Puc., N. I9 '30", NY. "O0- ...- ND U 11 ...... 3-'0-74. 3-20-74). S'11'52". 2O-N .... .10k11. XESC (under construction). Sabine, Coah. .-...... z------100 ...... -- ND-175 0 177 10-1-74 (ProbabL'). 1 .70 Hr. (Probable). XECH (under construction). Cd. Camargo, Chill., NV. -74010, 1000-D.... ND-176 1W 161 8-1-74 W. 105-10'4V'.

- 10 kWt: XEXC (sAgnment deleted- Taxco, Gro...... 5-...... ND U m -- ---. see 149 kHz). 100-N ......

1270 ku XERPL (In operation since Leon, Gto ...... --- ...... 100-D ------DA-D ------2-10-74. 2-10-74). IW-NItE9 .... kHz XEUU (under construction). Colima, CoL, N. 1915"0&", W. 1035,4* 50 D_... ND-172 12- g0 143 8-1-74 (Procah3 eN - 1DO-N - 131011W: .- XEEIT (PO 250-D1100-N, Puebla, P2e...... - _. ND ------.-.-.-...... - 1-74 (PrCh ablb): ND). XEUAS (provisional opera- Culiacan, Sin., X. M483'4". W. 10' "O-D.---. DA-N 13 110 15$ 1-1-74 tion with 50M0W-D since 1- *S'5S" 10,73-N -.. -10 1-74). W: ICrS ,0 163 8-1-71 (Probable) XELS (under construction). Armerm, C-L, N. WWW', IW.10W 00D..' 2VD-175 ...... - 7-1-74 .. XEWF (PO 250, ND U).ra Cuernave, , Mor., N: 18%5'C*'T,W. 603-D.... == ND 9o4'00" =-N -....-- 149 kit: 171 120 172 -1-74 (ftobabe): XETT (under constractlan).= Tlaxcala, Tini., N. W19fl". WF.S' &W------MD -100 151 60 151 9-1-74 XEPY (PO 250 ND, U)..z-- Merida, Yuc., N. 20TS'30" W 8F37' 1CK-D ..... z- ND-174 20- 250-N ...... z

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20540 NOTICES

Antenna Antenna Ground system I'ro o ,11db isf 'VaU letters Location Power watts radiation Schedule Cls height cha,.= or co1. mv/m/kw (feet) Numbcr Lenigth nwwopior.nt o radlals (fet) ol'eraiot

1470 kHz XEACE (In operation since Mazatlan, Sin., N. 23117'01", W. 1000 ------ND-2-0 U III 24 Vo 4 12-1-73. 12-1-73). 10525'0 ". ^ 1470 k1Hz XECAV (correction of an or- ,Durango, Dgo., N. 24102'52", W. 100-D----- ND-175 u IIl 149 100 151 ror, notliled In List No. 271 104 39'20". 250-'N ------with 350W, ND, U). _ 1480 kflz XEXO (In operation since Taxco, Oro., N.1833 ",W. 36'00" 1000-D ------ND-173 III 157 120 115 1-15-74. 1-15-74). 125-N...... 1490 kHz XEPOP (under construction)- Puebla, Puo ------.------2 .------ND IV ------1-1-75. 1650 kHz XEDV (in operation with El Oro, Me., N. 19140'33", W. 500------ND-81 II 148 90 159 12-1-74, 500W since 12-1-73). 1000901". 1580 krlz XEFP (Now) ------Ylpa, Zac ------.------250 .------ND I ----..------._-_-...3-1-75 (l'cobabhO. " 1590 kHz XEACH (in operation provi- Monterrey, N. L., N. 25*40'57.5 ', W. 5000-D ------DA-N ------10-1-71 (Probal,l slonally with 50OW, D only 100112'8.96". 1000-N ----- ND for nihht olhra. since1-20-74). tlon).

FEDERAL COMMUI1IOATIO11S CosMISSION, WVALLACE BE.JOIINSON, Chief, Broadcast Bureau, [FR Doc.74-13329 Filed 6-10-74;8:45 am]

[Docket Nos. 20067, 20068] 11(a) and (b) of the Primer on the As- 7. It is further ordered, That the ap- certainment of Community Problems by plicants herein shall, pursuant to section STEAMBOAT BROADCASTING CO. AND Broadcast Applicants, 27 FCC 2d 650 311(a) (2) of the Communications Act of BIG COUNTRY RADIO, INC. (1971), any interviews conducted by 1934, as amended, and § 1.594 of the Order Designating Applications for Consoli- them must be disregarded. Accordingly, Commission's rules, give notice of the dated Hearing on Stated Issues a Suburban I issue will be included. hearing, either Individually or, if feasible In re applications of Mountain States 3. Big Country Radio,, Inc., has ap- and consistent with the rules, Jointly, Communications, Inc., d/b as Steamboat parently failed to interview any religious within the time and in the manner pre- Broadcasting Co., Steamboat Springs, or educational leaders, despite the fact scribed in such rule, and shall advise the that these groups are significant. Accord- Commission of the publication of such Colorado, Docket No. 20067, File No. BP- ingly, an appropriate issue 19394; Requests: 1230 kHz, 250 W, 1 kW- has been in- notice as required by § 1.594(g) of the cluded as to this applicant as well. rules. IS, U; Big Country Radio, Inc., Steam- 4. Except as indicated by the issues boat Springs, Colorado, Docket No. Adopted: June 3, 1974. 20068, File No. BP-19443; Requests: 1230 specified below, the applicants are quali- kHz, fied to construct and operate as proposed. Released: June 4, 1974. 250 W, 1 kW-LS, U; foi construc- ljowever, since the proposals are mu- tion permits. FEDERAL COMIUIUCATITS 1. The Commission, tually exclusive, they must be designated by the Chief of for hearing in a consolidated proceeding Coni.sso, the Broadcast Bureau, acting pursuant on the issuesspecified below. [SEAL] WALLACE E. JOHNSON, to delegated authority, has under consid- 5. Accordingly, it is-ordered, That, Chief, Broadcast Bureau. eration the above-captioned applications pur- suant to section 309(e) of the Com- IFR Doe. 74-13327 Filed 6--10-74;8:441 n=1 which are mutually exclusive in that op- munications Act of 1934, as amended, the eration by the applicants as proposed applications are designated for hearing would result in mutually destructive in a consolidated proceeding, at a time SECURITIES AND EXCHANGE interference. and place to be specified in a subsequent COMMISSION 2. The community survey portion of Order, upon the following issues: the application of Mountain States Com- SOURCE CAPITAL., INC. AND COMPUTER 1. To determine the efforts made by EXCHANGE, INC. munications, Inc., dfb as Steamboat the applicants to ascertain the com- Broadcasting Co., states that the main munity problems of the area to be served [812-3619] sourcets of Income in the Steamboat and the means by which the Filing Springs vicinity are tourism, recreation, applicants of Application propose to meet those problems. JuNr 3,1974. agriculture (hay and cattle) and coal 2. To determine which of thepro- mining. While the survey included lead- Notice is hereby given that Source ers from posals would, on a comparative basis, three of the four aforemen- better serve the public interest. \ Capital, Inc., 1888 Century Park East, tioned groups, the applicant has ap- 3. To determine, in light of the evi- Los Angeles, California 90067 ("Source parently failed to interview any miners, dence adduced pursuant to the foregoing Capital"), a closed-end, diversified man- mine labor leaders, or mine owners. In issues which, if either, of the applica- agement investment company registered addition, the applicant's original survey tions should be granted. under the Investment Company Act of stated that the community leader inter- 6. It is further ordered, That, to avail 1940 ("Act"), and The Computer Ex- views and general public contacts were themselves of the opportunity to be change, Inc., 11 Grace Avenue, Great conducted by William R. Dunaway and Neck, New York 11021 ("Computer Ex- two heard, the applicants herein, pursuant college students. The amendment to to § 1.221(c) of the Commission's rules, change"), a Delaware corporation (col- the survey section stated that all inter- in person or by attorney, shall, within 20 lectively "Applicants"), have filed an views were conducted by William R. days of the mailing of this order, file application for an order of the Commis- Dunaway personally. The amendment with the Commission sion, pursuant to section 17(b) of the then went in triplicate, a writ- on to state that the list of ten appearance stating an intention to Act, exempting from section 17(a) of the those interviewed was 5reviously includ- appear on the date fixed for the hearing Act the proposed repurchase by Com- ed in the original survey exhibit. As a puter Exchange from Source Capital of result, and present evidence on the issues speci- it remains uncertain who, If any- fied in this order. 175,000 shares of Computer Exchange one, was contacted by the two college Common Stock (the "Shares") and war- students. Unless the college students fit rants to purchase an additional 75,000 the requirements of question and answer I Suburban Broadcasters, 20 R 951 (1961). shares of Computer Exchange Common

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 205n

Stock (the "Warrants") for an aggregate reported by the National Quotation Bu- filed contemporaneously with the re- purchase price of $100,000. All Interested reau, Inc. for the periods indicated. quest. As provided by Rule 0-5 of the persons wre referred to the application rules and regulations promulgated under on file with the Commission for a state- the Act, on order disposing of the appli- ment of the representations made there- W b'a bd aabd .naked cation will be issued as of couse follow- in, which are summarised belpw. ing said date unless the Commission Pursuant to an agreement dated Janu- Zd Nd 0d quartr--.=.7- 6 t 7 thereafter orders a hearing upon request ary 31, 1969 (the "Agreement") between or upon the Comnison's own motion. Source Capital and Computer Exchange, Persons who request a hearing, or advice a company primarily engaged in the pur- as to whether a hearing is ordered, will chase and sale of used computers and re- 3d qun Itor 25 receive notice of further developments lated equipment, Source Capital pur- In this matter, including the date of the chased the Shares and Warrants for an 4thquartm- hearing (if ordered) and any postpone- aggregate purchase price of $1,500,000. 1973: ments thereof. OntqFebur..a- 2 The Agreement granted to Source Capi- IsdQuarter- 1" th bidan' tal the right to require Computer Ex- 3skd quoxttions for Copte xca For the Commission, by the Division of Investment Management Regulation, -change to register under the Securities 1974~ana1. .. Act of 1933 ("Securities Act") the pursuant to delegated authority. khares, the Warrants, and shares issued Ism] Groscm A. Fnmrsmn ox s, upon exercise of On Feburary 20, 1974. the bid and the Warrants. asked quotations for Computer Exchange Secretary. The Shares represent approximately (FR Doc.74--12= iled 6-10-74;8:45 am] 20 percent of the outstanding Computer Stock were reported to be 4 and Exchange Common Stock. By reason of respectively. There Is no public market such ownership, Computer Exchange and for the Warrants. FEDERAL HOME LOAN BANK BOARD Source Capital are "afliated persons" as Applicants also represent that the 11L terms of the proposed repurchase of the C. 1751 that term is defined in section 2(a) (3) BEL-FRAN INVESTMENTS LTD., ErAL. of the Act. Apart from Source Capital's Shares and Warrants by Computer Ex- ownership of- the Shares and Warrants, change Is the result of arms-length nego- Notice of Receipt of Application for Per- Applicants represent that there is no re- tiation and Is preferable to the alterna- mission to Acquire Control of State lationship between Computer Exchange tive dispositions which may otherwise be Mutual Savings and Loan Association undertaken. Applicants further repre- and Source Capital. Jrir 6, 1974. Source Capital's management states sent that the proposed repurchase Is the repurchase is in the best interests of reasonable and fair and does not Involve Notice Is hereby given that the Federal overreaching on the part of any person Savings and Loan Insurance Corpora- Source Capital in that the repurchase tion has received price is approximately equal to its esti- concerned and that the transaction is an application from mate of the value of the Shares and War- consistent with the general purpozes of First City Financial Corporation Ltd., rants and permits the liquidation of its the Act. Vancouver, British Columbia, Canada, Section 17(a) of the Act, as here per- for approval of acquisition of control of investment Without the attendant costs the State Mutual and market risks of alternative disposi- tinent, makes it unlawful for an afflliated Savings and Loan As- person of a registered Investment com- sociation. Los Angeles, California, under tions. Source Capital also states that it the provisions of section 408(e) of the will not incur any underwriting or brok- pany, acting as principal, to sell to or purchase from such registered invest- National Housing Act, as amended (12 erage commissions or expenses. Source U.S.C. 1730a(e)), and § 534A of therega- Capital and Computer Exchange will ment company any securities or other property. Section 17(b) of the Act pro- lations for Savings and Loan Holding each pay one-half of the out-of-pocket Companies. First expenses of the other party in connec- vides that the Commission, upon appli- City Financial is con- cation, may exempt a proposed trans- trolled by Bel-Fran Investments Ltd, tion with the transaction to a maximum Bel-Cal Holdings Ltd. and of $5,000. Source Capital represents that action from the provisions of section 17 Be-Alta (a) If the evidence established that the Holdings Ltd., Edmonton, Alberta, Can- the proposed transaction is consisent ada. State Mutual Savings and Loan As- with its investment policies. terms of the proposed transaction. in- cluding the consideration to be paid or sociation is currently controlled by Far Computer Exchanges management West Financial Corporation. First City states that the repurchase of the Shares received, are reasonable and fair and do mot involve overreaching on the part of Financial intends to effect Its acquisition and Warrants is in its best Interests and of State Mutual Savings and Loan Asso- that of its shareholders because (1) Com- any person concerned and that the pro- posed transaction is consistent with the ciation by purchasing for cash shares of puter Exchange would thereby avoid the Far West Financial Corporation. Com- substantial expense of registration of the policy of such investment company and the general purposes of the Act. • ments on the proposed acquisition should Shares and Warrants under the Securi- be submitted to the Director, Holding ties Act as well as the substantial and .Notice is further given, That any in- Companies Section, Office of Examina- continual expense and burden it would be terested person may, not later than tions and Supervision, Federal Home contractually obligated to incur In keep- June 26, 1974, at 5:30 p.m., submit to the Loan Bank Board, Washington, D.C. ing u registration statement current with Commission In writing a request for a 20552, on or before July 11, 1974. respect-to the Warrants and Shares is- hearing on the matter accompanied by a sumble upon exercise hereof; (2) the pro- statement as to the nature of his in- r(-n&L] EUcMm LL H==aa, posed transaction would serve to- avoid terest, the reason for such request, and Secretary, the disorderly Impact in the over-the- the issues of fact or law proposed to be Fcderal Home Loan BanT Boar&. counter market which might result from controverted, or he may request that he [FR Ioc.74-13345 r-id 6-10-74;8:45 am] the offering of the Shares and Warrants; be notified if the Commiion shall order and (3) Computer Exchange is presently a hearing thereon. Any such communi- OFFICE OF in a favorable position to pay the price cation should be addrecd: Secretary, MANAGEMENT AND for the Shares and Warrants, a price sub- Securities and Exchange Commlison. BUDGET stantiallyless thanoriginally received by Washi gton, D.C. 20549. A copy of such CLEARANCE OF REPORTS Computer Exchange. request shall be served personally or by Computer Exchange Common Stock is mail (air mail if the person being served List of Requests traded in the-over-the-counter market. is located more than 500 miles from the The followin- is a list of requests for I1he following table, as set forth In the point of mailing) upon Applicants at the 'cearance of reports Intended for use in "application, shows the high and low addresses stated above. Proof of such collecting information from the public bid prices and the high and low asked service (by affidavl, or in case of an received by the Office of Management prices of Computer Exchange Stock as attorney-at-law, by certificate) shall be and Budget on June 6, 1974 (44 USC

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20542 NOTICES

3509). The purpose of publishing this list EXTENSIONS SBA requirements for an SBIC license in the FEDERAL REGISTER is to inform the DEPARTMENT OF HEALTH, EDUCATION, for First Dakota which culminated in the public. AND -WELFARE licensing of First Dakota by SBA on No- The list includes the title of each re- Social Security Administration: vember 9, 1973. quest received; the name of the agency Request for Withdrawal of Application, 4. First Dakota's proposed long-term sponsoring the proposed collection of In- Form SSA 521, Evinger (X), Occasional. financing Is needed by Speedo for work- Statement Regarding Wage by Person Hav- formation; the agency form number, If ing Knowledge Thereof, Form OAR 7013, ing capital to meet the expanding, needs applicable; the frequency with which Occasional, Evinger (x). of its business in designing, manufactur- the information Is proposed to be col- Group Practice-Prepayment Plan State- ing and installing and selling electrical lected; the name of the reviewer or re- ment of Reimbursement Cost, Form SSA and electronic controlled systems. viewing division within 0MB, and an in- 2017, Quarterly, Evinger x). 5. Subsequent to the proposed financ- dfcation of who will be the respondents PHiLLIP D. LAiSEN, ing, Messrs. Schultz and Lindsay will not to the proposed collection. Budget and Management. individually be connected In any manner The symbol (x) Identifies proposals with Speedo. which appear to raise no significant is- [FS Doc.74-13486 Filed 6-10-74;8:45 am] 6. On April 12, 1974, First Dakota's sues, and are to be approved after'brief board of directors, with Messrs. Schultz notice through this release. SMALL BUSINESS ADMINISTRATION and Lindsay abstaining from voting, Further information about the items [License No. 08/08-00341 adopted by unanimous vote a resolution providing for the proposed financing of on this Daily List may be obtained from FIRST DAKOTA CAPITAL CORP. the Clearance Office, Offide of Manage- Speedo. All shareholders of First Dakota Filing of Application for Approval of Conflict are also members of the board of ment and Budget Washington, D.C. 20503 of Interest (202-395-4529). Transaction directors. Notice is hereby given that First Da- Pursuant to the provisions of § 107.3 NEW Forms kota Capital Corporation (First Dakota), (a) and (b) of the regulations, Mesrs. DEPARTMENT OF HEALTH, EDUCATION, Suite 110 ProfessiOnal Building, 100 Schultz and Lindsay are considered to be AND WELFARE South 4th, Fargo, North Dakota 58102, associates of First Dakota. As such, the Center for Disease Control: Occupational a Federal Licensee under the Small transaction will require an exemption Safety Priorities Survey, Form CDC 2.4, Business Investment Act of 1958, as pursuant to § 107.1004(b) (4) of the reg- Single time, Ellett, Safety professionals. amended (Act), has filed an application ulations. Health Resources Administration: pursuant to § 107.1004 of the Regulations Notice is hereby given that any In- A Prototype Course in Rural Prepaid governing small business investment terested person may, on or before Health Care for Advanced Medical and June Dental Students and its Effects on Stu- companies (13 CFR 107.1004 (1974), for 26, 1974 submit to the Small Busi- dent Attitudes, Form HRABHRD 0531, an exemption from the provisions of the ness Administration (SBA), in writing, Occasional HRD/Planchon, Advanced conflict of interest regulation. relevant comments on the proposed medical or dental students. The exemption, if granted, will per- transaction. Any such communications Intern and Resident Task Inventory Forms, mit First Dakota to provide a $60,000 should be addressed to: Associate Admin- Form ERABERD 0521, Single time, financing to Speedo Electronics and Au- istrator for Finance and Investment, Reese, Interns and resident physicians. tomation, Inc. (Speedo), and receive Small Business Administration, 1441 "L" Survey of Quality Assurance and Utiliza- Street, N.W., Washington, D.C. 20416. tion Review Mechanisms, Form warrants to purchase 40 percent of the HSABCHS, 0404, Single time, HRD/ outstanding shares of Speedo. The war- A copy of this notice shall be published Lowry, 37 HO-like organizations, rants obtained will have a purchase price In a newspaper of general circulation In National Institutes of Health: per share ranging from $4.00 per share Fargo, North Dakota. Birth Defects and Contraceptive Study, during the first year of the warrant to Dated: June 3, 1974. Form NIH OH 18, Single time, Reese, $5.86 per share during the fifth year. Women who recently delivered. A portion of the proposed financing, JAMEs THoms PUELAI7, Congenital Hearth Disease Study, Form an amount of $25,000, will be used to Deputy Associate Administrator -- , Single time, Reese, Women who for Investment. recently delivered. repay an obligation in full of Speedo's to Mr. John Q. Schultz and Mr. John H. [FR Doe.74-13305 Filed 6-10-74;8:45 am] Architectural/Engineering Firm Supplement, Lindsay. The warrants to purchase 40 Form NIH OD-5, Annual, Sheftel, Archi- percent of Speedo's outstanding stock, DEPARTMENT OF LABOR tectural/engineering firms. issued to, Messrs. Schultz and Lindsay, DEPARTMENT OF HOUSING AND URBAI in connection with this obligation will Occupational Safety and Health DEVELOPMENT be cancelled. Messrs. Schultz and Lind- Administration say are both officers, directors and 10 [V-73-12] Policy Development and Research: Fuel En- percent or more shareholders of First ergy Usage in the Residential Construction BETHLEHEM STEEL CORP. Industry, Form ----- Single time, Weiner, Dakota. 48 Selected home builderi in 16 housing Information provided by the Applicant Grant of Variance markets. in connection with this application and I. Background. Bethlehem Steel Cor- RIEVISIONS information contained In the files of the poration, Sparrows Point Plant, Spar- Small Business Administration (SBA) DEPARTMENT OF LABOR rows Point, Maryland 21219 made ap- indicate that: plication pursuant to section 6(b) (6) (A) Manpower Administration: Employment Se- 1. The financing providel by Messrs. of the Wiiams-Stelger Occupational curity Automated Reporting (ESARS), Schultz and Lindsay to Speedo was initi- Safety and Health Act of 1970 (84 Sta, Form MA 5-44 etc., Monthly, Collins, State ated in September 1973, at a time when employment service offces. 1594; 29 U.S.C. 655) and 29 CF 1005.10 Speedo urgently needed financing to be- for a temporary variance and for an In- SMITHSONIAN INSTITUTION gin its operations. terlim order pending a decision on the Application for Project Support, Form SI 2. At the time the financing was pro- application for a variance, from the 2965, Single time, Caywood,'Museums and vided by Messrs. Schultz and Lindsay, safety standards prescribed In 29 CT1A educational organizations. it was contemplated that the obligation 1910.23(a) (8) (1) and (I1). The standard DEPARTMENT OF TRANSPORTATION would be offered to be assigned to First requires that every'floor hole into which Dakota when it received its small busi- a person can accidentally walk shall be Departmental: DOT Retail Shipper Question- ness investment company (SBIC) license. naire, Form ----- , Single time, Weiner, guarded by either a standard railing with Retail shippers, wholesalers, distributors, 3. On September 7, 1973, preliminary toeboard or a floor hole cover hinged in and manufacturers, steps were taken towards meeting the place. Notice of the application for varl*

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20MZ ance was published in the FEDERAL REG- grams and inspections, in lieu of com- ings in which they are interested. No iSTER on March 16, 1973 (38 FR 7155). plying with § 1910.23(a) (8) (W and (W . amendments will be entertained after the The notice invited interested persons, in- As soon as possible, Bethlehem Steel date of this publication. cluding affected employers and em- Corporation, No. sign 3 Rod Mill, Spar- No. 3597, Household Goods, Increased Rates ployees, to submit written data, views, rows Point Plant shall give notice to Nationwide, now assigned June 10, 1974, at and arguments regarding the grant or affected employees of the terms of this Washington, D.C. is cancelled and reas- denial of the variance requested. In addi- order by the same means required to be signed for hearing on July 15, 1974, at the tion, affected employers and employees used to inform them of the application Oraices of the Interstate Commerce Com- were permitted to request a hearing on for variance. mission, Washington, D.C. Inve5tigation and Suspension Docket Na. the application for a variance. No writ- Effective date. This order shall be ef- U-2T742. Houzehold Goods, Increased ten comments and no request for a hear- fective as of June 10, 1974, and shall re- Rates Nationwide, now being asigned ing have been received. main in effect until June 30, 1974, in July 15. 1974. at the Offices of the Inter- IL Facts. The applicant manufac- accordance with section (G) (b) (6) (A) state Commerce Commi-ion, Washington, tures steel rods at its #3 Rod Mill by of the Wlliams-Stelger Occupational D.C. a compress and tie mandrel in-line Safety and Health Act of 1970. MC-134958 Sub-6, Hams Exprem, Inc_ now method. This process necessitates a floor" Signed at Washington, D.C., this 4th assigned July 8, 1974; MO 111662 Sub-1. opening approximately 2Y2" by 6'. Stand- day of June, 1974, Space World U.S.A. Tours, Inc-, now as- ard guardrails have not been installed JOHN STENDER, signed July 10,1974; and MC 134612 Sub-1, at the floor opening because the coiled Assistant Secretary of Labor. Fast Motor Service, Inc., now assgned rods could become entangled in them. July 15, 1974. at Chicago, Illinois, will be Spring-loaded floor covers have been [rn Doo.74-13300 Plied 6-10-74:8:45 am] held in Room 1086A, Everett Mc inley Dlrksen Bldg, 219 S. Dearborn Street. discussed, but due to the likelihood of Chlcago, 331. coil tangles, broken straps, etc, their Office of the Secretary MC-95084 Sub 97, Hove Truck Line, now use wouldnot be practical. assigned July22. 1974. will be held in Room. The following precautions are taken to OREGON 2080A, Everett Mc~inley Dfrksen Bldg, 219 protect employees. Chain guardrals, a Availability of Extended Unemployment South Dearborn Street, Chicago, 1. pipe rail and toeboards are 'used. unau- Compensation MC-114273 (Sub 155), Cedar Rapids Steel thorized personnel are not permitted in Tran-sportatlon, Inc., now assigned July'24 the area, and extensive safety programs The Federal-State Extended Unem- 1974. will be held in Room 108&A, Everett McKinley Dlrksen Bldg., 219 South Dear- and inspections are in effect. ployment Compensation Act of 1970, 84 Stat. 708, establishes a program of ex- born Street. Chicago, I. The applicant originally expected to MC-F-121i15, Illlnobo-Callfornla Express, be in compliance with the standard by tended unemployment compensation which provides for payment of extended nc.--Purchase (Portlion)-Rogers Cartage the third quarter of 1973 by changing to Co. now assigned July 29, 1974, will be an off-line compress and tie operation, unemployment compensation to unem- held In Room lOS6A. Everett McKinley and completely covering the floor open- ployed workers who have received all of Dirkyen Bldg., 219 South Dearborn Street, ing. However, on November 16, 1973 the the regular unemployment compensation Chicago, Ill. applicant amended its application to to which they are entitled, commencing MC-128383 Sub 40, Pinto TrIacking Service. state that the expected delivery of nec- when unemployment is high (according Inc now anIgned August 1. 1974, will be essary parts had not been made. The to indicators set forth in the law) and held in. Room 1086A. Everett Mc inley Dlrkse Bldg, 219 South Dearborn Street. applicant now expects to have the new terminating when unemployment ceases system operational and to be in compli- to be high (according to indicators set Mq--F-12114, Preston Truc-ing Company. ance with the ztandard by June 30,1974. forth in the law). Pursuant to Section 203 (b) (2) of the Act, notice Inc,.-Purchme (Portion)-xpreslS.D7z I. Decision. 29 CFR 1910.23(a) Is hereby (Irvin Klein, Trustee) (8) given that Ross Morgan, now being assigned (i) and (ii) requires that every floor hole Administrator hearing July 10, 1974 (3 days) at New of the Oregon Employment Division, has York, N.Y. In a hearing rco.a to be later into which a person can accidentally determined that there was a State "on" walk shall be gyarded by either a stand- designated. indicator In Oregon for the week ending MC-134323 (Sub-No. G1), Jay Lines, Inc.,now ard railing with toeboard or a floor hole May 18,1974, and that an extended bene- cover hinged in place. being a=igned bearing July 8,1974 (1 day), fit period will commence with the week at Now York, N.Y, in a hearing room to be The applicant has shown that a time beginning June 2, 1974. later designated. extension is needed to come into compli- MC-F-12128, Gateway Tran-portation ance with the standard. It has also Signed at Washington, D.C., June 5, Co. Inc.-Purcase (Portion--ic-Walsh shown that it is taking steps to protect 1974. Freight Co. Inc, and Carzier Service, Iuc., its employees by using chain guardrails, W. H., XOmr.aa, and ED 27C91, Gateway Tranpportation Co_ pipe rails and toeboards, restricting en- Inc. Notes. now a--1-ned July i0, 1974. at Assistant Sccrctary St. Lou, Mo. will be held In Room 1612, try, and utilizing extensive safety pro- for Manpower. grams and inspections. 1520 11aret Street. EFM1Doc.74-13371 Filed 6-10-74;8:45 am] MO 124511 Sub 17, John P. Oliver, now as- In the situation described in the appli- signed July 15. 1974. at St. Louis, Mo. wil cation, it is evident that the use of a be hold In Room 1012, 1520 Market Street. standard railing or floor hole cover would INTERSTATE COMMERCE C-,-7901. North American Van Lins; interfere with necessary work. It is also COMMISSION Inc -Invetigaton and Revocation of Cer- evident that the employer is making INotIce 5271 tificateo-now being czaned pre-hearing every effort to maintain a workplace free conference July 23, 1974. at the Ofnces o from hazard while making the modifica- ASSIGNMENT OF HEARINGS the Interstate Commerce Colmssion tions necessary to come into compliance JumN 6,1974. Washington. D.C. MC 119717 Sub 277, Ligon SpeealedHauler, with the standard. Cases assigned for hearing, po3tpone- Inc., now a.sIgned Juno 11. 1974. at Colun- IV. Order. Pursuant to authority in ment, cancellation or oral argument bus. Ohio. 13 cancelled and the application. section (6) (b) (6) (A) of the Williams- appear below and will be published only 13 dis-micsed. Steiger Occupational Safety and Health once. This list contains prospective as- Act of 1970, 29 CFR Part 1905, and in signments only and does not include rsFAL] -ROErTL. OswaLD, Secretary of Labor's Order No. 12-71 cases previously assigned hearing dates. Secretary. (36 FR 8754), it is.ordered that Beth- The hearings will be on the Issues as IPRDac.7-13357 Piled 6-10-74;8:45 am] lehem Steel Corporation, No. sign 3 Rod presently reflected in the Official Docket MIII, Sparrows Point Plant be, and it of the Commission. An attempt will be is hereby, authorized to use its present made to publish notices of cancellation of FOURTH SECTION APPLICATION FOR method of safeguarding its floor open- hearings as promptly as possible, but In- RELIEF ing, which utilizes chain guardrails, pipe terested parties should take appropirate JuNE 6,1974. rail and toeboard, restricting entry to steps to insure that they are notified of An application, as summarized below, authorized employees, and safety pro- cancellation or postponements of hear- has been filed requesting relief from the

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20544' NOTICES requirements of Section 4 of the Inter- the Commission, commodities in bulk, between St. Joseph and Shoreham, Mich., state Commerce Act to permit common commodities requiring special equipment, on the one hand, and, on the other, Alton, carriers named or described in the ap- and thobe injurious or contaminating to Beardstown, Bloomington, Cairo, Cen- plication to maintain higher rates and other lading), between points in that tralia, Champaign, Chester, Decatur, Ef. charges at intermediate points than those part of Ohio on and south of U.S. High- fingham, Galesburg, Jacksonville, Ma- sought to be established at more distant way 36 from the Indiana-Ohio State to rion, Mt. Vernon, Pekin, Peoria, Quincy, points. Piqua, and on and west of U.S. Highway and Springfield, 311. The purpose of this Protests to the granting-of an appli- 25 from Piqua to Cincinnati, on the one filing Is to eliminate the gateways of San cation must be prepared in accordance hand, .and, on the other, points in Daviess, Pierre, Ind., and points in Cook County, with Rule 40 of the General Rules of Stephenson, Winnebago, Boone, Mc- I1. Practice (49 CFR 1100.40) and filed on or Henry, Lake, Kane, De Kalb, Ogle, Car- No. MC-2452 (Sub-No. Ell), filed before July 1, 1974. roll, Whiteside, Lee Du Page, Will, Kan- May 5,1974. Applicant: HAJEK TRUCK- FSA No. 42839-Nursery Stock Be- kakee, Kendall, Grundy, LaSalle, Put- ING CO., INC,, 7635 West Lawndale Ave- tween Points in Western Trunk Line Ter- nam, Bureau, Henry, and Rock Island nue, Summit, Ill. 60502. Applicant's rep- ritory. Fled by Western Trunk Line Counties, Illinois. The purpose of this resentative: Steve Zwarycz (same as Committee, Agent (No. A-2705), for filing Is to eliminate the gateways of above). Authority sought to operate as a interested rail carriers. Rates on nursery San Pierre, Ind., 'and points in Cook common carrier,by motor vehicle, over stock, n carloads, as described in the ap- County, Ill. Irregular routes, transporting: Genera! plication, between points in western No. MC-2452 (Sub-No. E6), filed commodities (except those of unusual trunk-line territory. May 5, 1974. Applicant: HAJEK value, classes A and B explosives, house- Grounds for relief-Rate relationship, TRUCKING CO., INC., 7635 West Lawn- hold goods as defined by the Commission, short-line distance formula and group- dale Ave., Summit, fli. 60502. Applicant's commodities in bulk, commodities requir- ing. representative: Steve Zwarycz (same as ing special equipment, and those inju- Tariff-Supplement 221 to Western above). Authority sought to operate as rious or contaminating to other lading), Trunk Line Committee, Agent, tariff a common carrier,by motor vehicle, over between Three Rivers, Mich., on the one W-2000-J, I.C.C. No. A-4669. Rates are irregular routes, transporting: General hand, and, on the other, Alton, Beards- published to become effective on July 10, commodities (except those of unusual town, Bloomington, Cairo, Centralia, 1974. value, classes A and B explosives, house- Champaign, Chester, Danville, Decatur, hold goods as' defined by the Commis- Effingham, Galesburg, Jacksonville, Kan- By the Commission. sion, commodities in bulk, commodities kakee, Marion, Mt. Vernon, Pekin, Pe- [SEAL] " ROBERT L. OSWALD, requiring special equipment, and those oria, Quincy, and Springfield, Ill. The Secretary. injurious or contaminating to other lad- purpose of this filing is to eliminate the [FR Doc.74-13358 Filed 6-10-74; 8:45 am] ing), between St. Louis, Mo., on the one gateways of San Pierre, Ind., and points hand, and, on the other, points in Cook In Cook County, Ill. County, Il., and points in the Chicago, E18), filed IRREGULAR-ROUTE MOTOR COMMON Ill., commercial zone as defined by the No. MC-2452 (Sub-No. CARRIERS OF PROPERTY May 5, 1974. Applicant: HAJEK TRUCK- Commission in 1 M.C.C. 673. The purpose ING CO., INC., 7635 West Lawndale Ave- Elimination of Gateway Letter Notices of this filing is to eliminate the gateway nue, Summit, Ill. 60502. Applicant's rep- JuNE 6, 1974. of San Pierre, Ind. resentative: Steve Zwarycz (same as The following letter-notices of pro-- No. MC-2452 (Sub-No. E15), filed above). Authority sought to operate as a posals to eliminate gateways for'the pur- May 5,1974. Applicant: HAJEK TRUCK- common carrier, by motor vehicle, over pose of reducing highway congestion, IN CO., INC., 7635 West Lawndale Ave- irregular routes, transporting: General alleviating air and noise pollution, mini- nue, Summit, Ill. 60502. Applicant's rep- commodities (except those of unusual mizing safety hazards, and conserving resentative: Steve Zwarycz (same as value, classes A and B explosives, house- fuel have been filed with the Interstate above). Authority sought to operate as a hold goods as defined by the Commission, Commerce Commission under the Com- common carrier,by motor vehicle; over liquid commodities In bull, and commod- mission's Gateway Elimination rules (49 irregular routes, transporting: General ities requiring special equipment), be- CPR 1065(a)), and notice thereof to all commodities (except those of unusual tween the plantsite of Ford Motor Co., Interested persons is hereby given as pro- value, classes A and B explosives, house- located at the junction of Westport Road vided In such rules. hold goods as defined by the Commission, and Murphy Lane, Jefferson County, Ky., An original and tWo copies of protests commodities in bulk, commodities requir- on the one hand, and, on the other, Burl- against the proposed elimination of any ing special equipment, and those injuri- ington and Davenport, Iowa. The purpose gateway herein described may be filed ous or contaminating to other lading), of this filing is to eliminate the gateway with the Interstate Commerce Commis- between Kalamazoo, Mich., on the one of points In Jasper County, Ind. sion within 10 days from the date of this hand, and, on the other, Alton, Beards- No. MC-2452 (Sub-No. E19), fllcd publication. A copy must also be served town, Bloomington, Cairo, Centralia, May 5, 1974. Applicant: HAJEK TRUCK- upon applicant or its representative. Pro- Champaign, Chester, Danville, Decatur, ING CO., INC., 7635 West Lawndale Ave., tests against the elimination of a gate- Effingham, Galesburg, Jacksonville, Kan- Summit, Illinois 60502. Applicant's rep- way will not operate to stay commence- kakee, Marion, Mt. Vernon, Pekin, Pe- resentative: Steve Zwarycz (same as ment of the proposed operation. oria, Quincy, and Springfield, 1ll. The above). Authority sought to operate as a Successively filed letter-notices of the purpose of this filing is to eliminate the common carrier, by motor vehicle, over same carrier under these rules will be gateways of San Pierre, Ind., and points irregular routes, transporting: General numbered consecutively for convenience in Cook County, Mll. commodities (except those of unusual In identification. Protests, if any, must No. MC-2452 (Sub-No. E16), filed value, classes A and B explosives, house- refer to such letter-notices by number. May 5, 1974. Applicant: HAJEK TRUCK- hold goods as defined by the Conmis- No. MC-2452 (Sub-No. E5), mled ING CO., INC., 7635 West Lawndale Ave- sion, liquid commodities In bulk, and May 5, 1974. Applicant: HAJEK nue, Summit, Ill. 60502. Applicant's rep- commodities requiring special equip- TRUCKING CO., INC., 7635 West Lawn- resentative: Steve Zwarycz (same as ment), between the plant site of Ford dale Avenue, Summit, Ill. 60502. Appli- abbve). Authority sought to operate as a Motor Co., located at the junction of cant's representative: Steve Zwarycz common carrier,by motor vehicle, over Westport Road and Murphy Lane, Jef- as above). Authority sought to irregular routes, transporting: General ferson County, Ky., on the one hand, (same commodities (except those of unusual and, on the other, Aurora, Bloomington, operate as a common carrier, by motor value, classes A and B explosives, house- Champaign, Dekalb, Dixon, Elgin, Free- vehicle, over irregular routes, trhnsport- hold goods as defined by the Commission, port, Galesburg, Glen Ellyn, Joliet, Kan- ing: General commodities (except those commodities in bulk, commodities requir- kakee, La Salle, Pekin, Peoria, Quincy, of unusual value, classes A and B ex- Ing special equipment, and those injuri- Rockford, Savanna, Waukegan, Rock Is- plosives, household goods as defined by ous or contaminating to other lading), land, and Moline, Ill.'The purpose of this

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20545 filing is to eliminate the gateway of other lading), between poizts In Cool common carrier,by motor vehicle, over points in Jasper County, Ind. County, Ill., and the Chicago, Ill., Irregular routes, transporting: General No. MC-2452 (Sub-No. E22), filed commercial zone, on the one hand, and, commodities (except those of unusual May 5,1974. Applicant: HAJEK TRUCK- on the other, Paducah, Ky. The purpose value, cla=s A and B explosives, house- ING CO., INC., 7635 West Lawndale Ave., of this filing is to eliminate the gateway hold goods as dafined by the Commission, Summit, Illinois 60502. Applicant's rep- of San Pierre, Ind. commodities in bulk, commodities re- resentative: Steve Zwarycz (same as No. AIC-2452 (Sub-No. E26), filed quiring special equipment, and those in- above). Authority sought to operate as a May 5, 1974. Applicant: HAJEK Jurious or contaminating to their lad- TRUCKING CO., INC., 7635 West Lawn- ing), betwee n the plantsite of Bethlehem common carrier,by motor vehicle, over Steel Corporation, located at Burns Har- irregular routes, transporting: General dale Ave., Summit, Ill. 60502. Applicant's bor, Porter County, Ind., on the commodities (except those of unusual representative: Steve Zwaryez (came as one hand, value, classes A and B explosives, house- above). Authority sought to operate as and, on the other, Grand Rapids, Kala- hold goods as defined by the Commis- a common carrier,by motor vehicle, over mazoo, St. Joseph, Shoreham, and Three irregular routes, transporting: General Rivers, MLIch. The purpose of this filing sion, liquid commodities in bulk, and is to eliminate the gateway of Chicago, commodities requiring special equip- commodities (except those of unusual ment), between the plant site of Ford value, classes A and B explosives, house- l. Motor Co., located at the junction of hold goods as defined by the Commis- No. MC-2452 Sub-No. E30), filed Westport Road and Murphy Lane, Jef- sion, commodities in bulk, commodities May 5,1974. Applicant: HAJEK TRUCK- ferson County, Ky., on the one hand, requiring special equipment, and those ING CO., INC., 7635 Lawndale Ave., Sum- and, on the other, Grand Rapids, Kala- injurious or contaminating to other mit, I1. 60302. Applicant's represent- mazoo, St. Joseph, Shoreham, Lansing, lading), between points In Cook County, ative: Steve Zrarycz (same as above). and Three Rivers, lich. The purpose of Ill., and the Chicago, IlL., commercial Authority sought to operate as a common this filing is to eliminate the gateway of zone, on the one hand, and, on the other, carrier, by motor vehicle, over irregular points in Fulton County, Ind. Alton, Beardstown, Cairo, Centralia, routes, transporting: General commodi- Champaign, Chester, Danville, Decatur, ties (except those of unusual value, No. MC-2452 (Sub-No. E23), filed East St. Louis, Eflingham, Jacksonville, classes A and B explosives, household May 5, 1974. Applicant: HAJEK TRUCK- Marion, Mt. Vernon, Pekin, Peoria, goods as defined by the Commission, ING CO., INC., 7635 West Lawndale Ave., Quincy, and Springfield, IlL The purpoze commodities in bulk, commodities requir- Summit, Illinois 60502. Applicant's rep- of this filing is to eliminate the gate- ing special equipment, and those injuri- resentativ'e: Steve Zwarycz (same as ways of San Pierre, Ind., and points in ous or contaminating to other lading), above). Authority sought to operate as a Cook County, Ill. between the plansite of Bethlehem Steel common carrier, by motor vehicle, over Corporation, located Burns Harbor, irregular routes, transporting: General No. MTC-2452 (Sub-No. E27), filed Mlay 5, 1974. Applicant: HAJEK Porter County, Ind., on the one hand, commodities (except those of unusual and, on the other, Burlington, value, classes A and B explosives, house- TRUCKING CO., INC., 7635 West Lawn- Iowa, dale Avenue, Summit, Illinois 60502. Ap- Paducah, Ky., and St. Louis, Mo. The hold goods as defined by the Commis- purpose of this filing is to eliminate the sion, commodities in bulk, commodities plicant's representative: Steve Zwarycz (same as above). Authority sought to gateways of Chicago, M., and San Pierre, requiring special equipment, and those Ind. injurious or contaminating to other lad- operate as a common carrier,by motor ing), between Louisville, Ky., and Daven- vehicle, over irregular routes, transport- No. MC-2452 (Sub-No. E31), filed port, .Iowa. The purpose of this filing is ing: General commodities (except those May 5,1974. Applicant: HAJEK TRUCK- to eliminate the gateways of San Pierre, requiring special equipment, clazzes A ING CO., INC., 7635 Lawndale Ave., Ind., and points in Cook County, Ill. and B e.xplosives, household goods as de- Summit, n1L 60502. Applicant's repre- fined by the Commission, commodities sentative: Steve Zwarycz (same as No. MC-2452 (Sub-No. E24),. filed in bulk, commodities requiring special above). Authority sought to operate as a May 5,1974. Applicant: HAJEK TRUCK- equipment, and those Injurious. or con- common carrier,by motor vehicle, over ING CO., INC., 7635 West Lawndale Ave., taminating to other lading), between irregular routes, transporting: General Summit, linuis 60502. Applicant's rep- points In Cook County, Ill., and the Chi- commodities (except those of unusual resentative: Steve Zwarycz (same as cago, Ill., commercial zone, on the one value, classes A and B explosives, house- above). Authority sought to operate as a hand, and, on the other, points In that hold goods as defined by the Commis- common carrier, by motor vehicle, over .part of Illinois on and south of U.S. sion, commodities in bulk, and those re- irregular routes, transporting: General Highway 136. The purpose of thi filing is quiring special equipment), between the commodities (except those of unusual to eliminate the gateways of San Pierre, plant site of gethlehem Steel Corpora- value, classes A and B explosives, house- Ind., and points In Cook County, Ill. tion, located at Burns Harbor, Porter hold goods as defined by the Commis- No. LIC-2452 (Sub-No. E28), filed County, Ind., on the one hand, and, on sion, commodities in bulk, commodities May 5, 1974, Applicant: HAJEK the other, points in that part of Ohio on, requiring special equipment, and those TRUCKING CO., INC., 7635 West Lawn- south, and west of a line beginning at the injurious or contaminating to other lad- dale Avenue, Summit, Ill. 60502. Appli- Indiana-Ohio State line, thence along ing), between Grand Rapids, St. Joseph, cant's representative: Steven Zwarycz U.S. Highway 36 to Piqua, thence along and Shoreham, Mich., on the one hand, (same as above). Authority sought to U.S. Highway 25 to the Ohio-Kentucky and, on the other, Louisville, Ky. The operate as a common carrier,by motor State line. The purpose of this filing is purpose of this filing is to eliminate the vehicle, over irregular routes, transport- to eliminate the gateway of Chicago, 11. gateways of San Pierre, Ind., and points Ing: General commodities (except those in Cook County, Ill. of unusual value, classes A and B explo- No. AMC-2452 (Sub-No. E32), filed sives, household May 5,1974. Applicant: HAJEK TRUCK- No. -MC-2452 (Sub-No. E25), filed goods as defined by the' ING CO., INC., 7635 Lawndale Ave., May 5, 1974. Applicant: HAJEK Commission, commodities in bulk, and Summit, 311. 60502. Applicant's repre- TRUCKING CO., INC., 7635 West Lawn- those requiring special equipment), be- sentative: Steve Zwarycz (same as dale Ave., Sumfiit, IM. 60502. Applicant's tween the plant site of Bethlehem Steel above). Authority sought to operate as a representative: Steve Zwarycz (same as Corporation, located at Burns Harbor, common carrier, by motor vehicle, over above). Authority sought to operate as Porter County, Ind., and Louisville, Ky. irregular routes, transporting: General a common carrier, by motor vehicle, The purpose of this filing is to eliminate commodities (except those of unusual over irregular routes, transporting: the gateway of Chicago, Ill. value, classes A and B explosives, house- General commodities (except those of No. MC-2452 (Sub-No. E29), filed hold goods as defined by the Commis- unusual value, classes A and B explo- May 5,1974. Applicant: HAJEK TRUCK- sion, commodities in bulk, commodities sives, household goods as defined by the ING CO., INC., 7635 Lawndale Avenue, requiring special equipment, and those Commission, commodities In bulk, com- Summit, Ill. 60502. Applicant's repre- injurious or contaminating to other lad- modities requiring special equipment, sentative: Steven Zwarycz (same as ing), between the plant site of Bethlehem and those injurious or contaminating to above). Authority sought to operate as a Steel Corporation, located at Burns Har-

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 NO. 113-Pt. I-l1 NOTICES bor, Porter County, Ill., on the one hand, of this filing is to eliminate the gateways ATED FOOD EXPRESS, INC., 316 Sum- and, on the other, Davenport, Iowa, and of San Pierre, Ind., and points In Cook mer Street, Boston, Mass. 02210. Appli- Rock Island and Moline, Ill. The pur- County, Ill. cant's representative: Lawrence T. Shells pose of this filing is to eliminate the gate- (same as above). Authority sought to No. MC-11220 (Sub-No. El), filed bperate as a common carrier, by motor ways of San Pierre, Ind., and Chicago, May 4, 1974. Applicant: GORDONS Ill. vehicle, over Irregular routes, transport- TRANSPORTS, INC., 185 W. McLemore ing: Frozen meats, meat Products, and No. MC-2452 (Sub-No. E33), filed Ave., Memphis, Tenn. 38101. Applicant's meat byproducts, as described in Section May 5, 1974. Applicant: HAJEK TRUCK- representative: W. F. Goodwin (same as A of Appendix I to the report in Dcscrip- ING CO., INC., 7635 West Lawndale Ave., above). Authority sought to operate as a tions in Motor Carrier Certificates, 01 Summit, IlM. 60502. Applicant's repre- common carrier,by motor vehicle, over M.C.C. 209 and 766 (except liquid com- sentative: Steve Zwaryez (same as irregular routes, transporting: General modities, in bulk, in tank vehicles), from above). Authority sought to operate as a commodities (except those of unusual Boston, Mass., to points in Kentucky. common carrier, by motor vehicle, over value, classes A and B explosives, house- The purpose of this filing Is to eliminate irregular routes, transporting: General hold goods as defined by the Commission, the gateway of Elmira, N.Y. commodities (except those of unusual commodities in bulk, and those requiring value, classes A and B explosives, house- special equipment), (1) between Cin- No. MC-113843 (Sub-No. E87), filed hold goods as defined by the Commission, cinnati, Ohio, on the one hand, and, on May 8, 1974. Applicant: REFRIGER- commodities in bulk, commodities re- the other, Canton, Bucyrus, Crestline, ATED FOOD EXPRESS, INC., 316 Sum- quiring special equipment, and those Gallon, Massillon, Shelby, Tole-do, and mer Street, Boston, Mass, 02210. Appli- Injurious or contaminating to other Willard, Ohio; (2) between Cincinnati, cant's representative: Lawrence T. Shells lading), between the plant site of Ohio, on the one hand, and, on the (same as above). Authority sought to op- Bethlehem Steel Corporation, located at other, points in Ohio in Lorain, Medina, erate as a common carrier,by motor ve- Burns Harbor, Porter County, Ind., on and Cuyahoga Counties, Ohio, which are hicle, over Irregular routes, transport- the one hand, and, on the other, points west of U.S. Highway 42, outside the ing: Frozen meats, meat products, and In that part of Illinois on and south of Cleveland, Ohio, commercial zone, and meat byproducts, as described in Section U.S. Highway 136.The purpose of this within 25 miles of Cleveland, Ohio; and A of Appendix I to the report in Descrip- filing is to eliminate the gateways of (3) between Cincinnati, Ohio, on the one tions, in Motor Carrier Certificates, 01 hand, and, on the other, points in Ohio M.C.C. 209 and 766 (except liquid com- San Pierre, Ind., and Chicago, Ill, modities, in bulk, in tank vehicles), from No. MC-2452 (Sub-No. E34), filed east of U.S. Highway 42 and north of U.S. Highway 224 (except points in the Boston, Mass., to Arkansas, Colorado, May 5,1974. Applicant: HAJEK TRUCK- Cleveland, Ohio, commercial zone). Kansas, Minnesota, Nebraska, and Oda- ING CO., INC., 7635 West Lawndale Ave, Service at Canton, Massillon, and To- homa. The purpose of this filing is to Summit, Ill. 60502. Applicant's repre- moving eliminate the gateway of Dundee, N.Y. sentative: Steve Zwarycz (same as ledo, Ohio, is restricted to traffic operate as a to or from Louisville, Ky., or points be- No. MC-113843 (Sub-No. E88), filed above). Authority sought to yond Louisville. The purpose of this fil- May 8, 1974. Applicant: REFRIGER- common carrier,by motor vehicle, over of irregular routes, transporting: General ing is to eliminate the gateway ATED FOOD EXPRESS, INC., 316 Sum- Hamersville, Ohio. mer Street, Boston, Mass. 02210, Appli- commodities (except those of unusual cant's representative: Lawrence T. Shells value, classes A and B explosives, house- No. MC-113843 (Sub-No. E81), filed hold goods as defined by the Commission, May 3, 1974. Applicant: REFRIGER- (same as above). Authority sought to op- commodities in bulk, commodities re- ATED FOOD EXPRESS, INC., 316 Sum- erate as a common carrier,by motor ve- mer Street, Boston, Mass. 02210. Appli- hicle, over irregular routes, transporting: quiring special equipment, and those Paper bags and materialsused in closing Injurious or contaminating to other cant's representative: Lawrence T. Shells lading), between the plant site of Beth- (same as above). Authority sought to paper bags, from East Pepperell, Mass., lehem Steel Corporation, located at operate as a common carrier,by motor to points in Cattaraugus, Chautauqua, Burns Harbor, Porter County, Ill., on the vehicle, over irregular routes, transport- and Erie Counties, N.Y. The purpose of one hand, and, on the other, Alton, ing: Canned and preserved loods, from this filing is to eliminate the gateway of Beardstown, Cairo, Centralia, Chhsn- Buffalo, N.Y., to points in Connecticut, Buffalo, N.Y. paign, Chester, Danville, Decatur, East Massachusetts, and Rhode Island. The No. MC-113843 (Sub-No. E89), filed St. Louis, -2ngham, Jacksonville, purpose of this filing is to eliminate the May 8, 1974. Applicant: REFRIGER- Marion, Mt. Vernon, Pekin, Peoria, gateway of North Collins, N.Y. ATED FOOD EXPRESS, INC., 316 Sum- Quincy, and Springfield, Ill. The purpose No. MC-113843 (Sub-No. E84), filed mer Street, Boston, Mass. 02210. Appli- of this filing is to eliminate the gateways May 8, 1974. Applicant: REFRIGER- cant's representative: Lawrence T. Shells of Chicago, Ill., and San Pierre, Ind. ATED FOOD EXPRESS, INC., 316 Sum- (same as above). Authority sought to op- erate as a common carrier,by motor ve- No. MC-2452 (Sub-No. E35), filed mer Street, Boston, Mass. 02210. Appli- cant's-representative: Lawrence T. Shells hicle, over irregular routes, transporting: May 5,1 1974. Applicant: HAJEK TRUCK- Frozen meats, meat products, and meat Ave, (same as above). Authority sought to ING CO., INC., 7635 West Lawndale operate as a common carrier,by motor byproducts, as described in Section A of Summit, Il. 60502. Applicant's repre- Appendix I to the report in Descriptions sentative: Steve Zwarycz (same .as vehicle, over Irregular routes, transport- ing: Frozen foods, from points in Massa- in Motor CarrierCertificates, 61 M.C.C. above). Authority sought to operate as a 209 and 766 (except liquid commodities common carrier, by motor vehicle, over chusetts to points in Indiana. The pur- pose of this filing is to eliminate the gate- in bulk), from Boston, Mass., to points in irregular routes, transporting: General Illinois, Indiana, Kentucky, Michigan, commodities (except those of unusual way of Elmira, N.Y. Missouri, Ohio, points in Pennsylvania value, classes A and B explosives, house- No. MC-113843 (Sub-No. E85), filed on and west of U.S. Highway 219, and hold goods as defined by the Commission, May 8, 1974. Applicant: REFRIGER- points in that part of West Virginia, on commodities in bulk, commodities re- ATED FOOD EXPRES, INC., 316 Sum- and west of a line beginning at the Vir- quiring special equipment, and those mer Street, Boston, Mass. 02210. Appli- ginia-West Virginia State line and ex- injurious or contaminating to other cant's representative: Lawrence T. Shells tending along U.S. Highway 33 to junc- lading), between points in Cook County, (same as above). Authority sought to tion West Virginia Highway 32, thence Ill., and the Chicago, Ill., commercial operate as a common carrier,by motor along West Virginia Highway 32 to June- zone, on the one hand, and, on the other, vehicle, over irregular routes, transport- .tion U.S. Highway 219, thence along U.S. points in that part of Michigan on and ing: Frozen foods, from points in Massa- Highway 219 to the Maryland-West Vir- north of Interstate Highway 94, on and chusetts to points in Michigan. The pur- ginia State line. The purpose of this filing east of U.S. Highway 131, on and south pose of this filing is to eliminate the gate- is to eliminate the gateway of Elmira, of nterstate Highway 96, and on and way of Elmira, N.Y. N.Y. west of U.S. Highway 27, and to Lansing No. MC-113843 (Sub-No. E86), filed No. MC-113843 (Sub-No. EDO), filed and Grand Rapids, Mich. The purpose May 8, 1974. Applicant: REFRIGER- May 8, 1974. Applicant: REFRIGER-

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20547

ATE] FOOD EXPRESS, INC, 316 Sum- (same as above) Authority sought to in bulk, n tank vehicles), from Boston mer Street Boston, Mass. 02210. Appli- operate as a common carrier, by motor and Worcester, Mass., to Buffalo, N.Y. cant's representative: Lawrence T. Shells vehicle over Irregular routes, transport- The purpose of this filing Is to eliminate (same as above). Authority sought to op- Ing: Frozen fruits and berries, frozen the gateway of Gowanda, N.Y. erate as a common carrier,by motor ve- fruit and berry concentratcs,from points No. MC-113843 (Sub-No. E10), filed hicle, over irregular routes, transporting: in Connecticut to points in Texas. The -Frozenfoods, from May 8, 1974. Applicant: REFRIGER- points i Massachu- purpose of this fling is to eliminate the ATED FOOD EXPRESS, INC., 316 Sum- setts to points in 3Arssourl. The purpose gateway of Geneva, N.Y. mer Street, Boston, Mass. 02210. Appli- of this fling Is to eliminate the gateway No. MC 113843 (Sub-No. E105), filed of Elmira, N.Y. cants representative: Lawrence T. May 8, 1974. Applicant: REFRIGER- Shells (same as above). Authority sought No. MC 113843 (Sub-No. E93), fied ATED FOOD EXPRESS, INC., 316 Sum- to operate as a common carrier,by motor May 8, 1974. Applicant: REFRIGER- mer Streek Boston, Mass. 02210. Appli- vehicle, over Irregular routes, transport- ATED FOOD EXPRESS, INC., 316 Sum- cant's representative: Lawrence T. Shells Ing: Frozen foods, from points in Con- nr Street Boston, Ma 02210. Appli- (same as above). Authority sought to necticut to points in Ohio. The purpose cant's representative: Lawrence T. operate as a common carrier, by motor of this filing Is to eliminate the gateway Shells (same as above). Authority sought vehicle, over Irregular routes, transport- of Elmira, N.Y. to operate as a common carrier, by Ing: Frozen foods, from points in Con- No. MC-113843 (Sub-No. E112), filed motor vehicle, over Irregular routes, necticut to points In Wisconsin. The pur- Way 8, 1974. Applicant: REFRIGER- transporting: Frozen foods, from points pose of this fling Is to eliminate the gate- ATED FOOD EXPRESS, INC., 316 in Massachusetts to points In Ohio. The ways of Elmira, N.Y., and Detroit,, Mic Summer Street Boston, Mass 02210. purpose of this filing is to eliminate the No. MC 113843 (Sub-No. E107). fied Applicant's representative: Lawrence T. gateway of Elmira, N.Y. May 8, 1974. Applicant: REFRIGER- Shells (same as above). Authority No. MC 113843 (Sub-No. E98), filed ATED FOOD EXPRESS, INC., 316 Sum- sought to operate as a common carrner, Way 5, 1974. Applicant: REFRIGER- mer Street, Boston, Mass. 02210. Appli- motor vehicle, over Irregular routes, ATED FOOD EXPRESS, INC, 316 Sum- cant's representative: Lawrence T. Shels transporting: Frozen foods, from points mer Street, Boston, Mass 02210. Appli- (same as above). Authority sought to In Connecticut to jolnts In Illinois. The cants representative: Lawrence T. operate as a common carrier, by motor purpose of this filing Is to eliminate the Shells (same as above). Authority sought vehicle, over irregular routes, transport- the gateway of LeRoy, N.Y. Ing: to operate as a common carrier, by Fresh, cooked, preserved,salted, and No. MC-113843 (Sub-No. EBU), filed motor vehicle, over irregular routes, smoked meats, from Boston, s. and May 8, 19"W4. Applicant: REERIGER- transporting. Frozen foods, from points points within 10 miles of Boston, Ma., ATED IOOD EXPRESS, INC., 316 In Massachusetts to points in Kentucky. to points In Cattaraugus, Chautauqua, and Erie Counties, N.Y. The purpose of Summer Street, Boston, Mass 02210. The purpose of this fling is to eliminate Applicant's representative: Lawrence T. the gateway of Buffalo, N.Y. this fling is to eliminate the gateway of Buffalo, N.Y. 0 Shells (same as above). Authority No. MC 113843 (Sub-No. E100), filed sought to operate as a common carrier, May 5, 1974 Applicant: REFRIGER- No. MC 113843 (Sub-No. EO8), filed by motor vehicle, over irregular routes, ATED FOOD EXPRESS, INC., 316 Sum- May 8, 1974. Applicant: REFRIGER- transporting: Fro-= foods, from points mer Street, Boston, Mass. 02210. Appll- ATED FOOD EXPRESS, INC., 316 Sum- in Connecticut to points n Nebraska. cants representative: Lawrence T. mer Street, Boston, Mas 02210. Appli- The purpose of this filing is to eliminate Shells (same as above). Authority sought cant's representative: Lawrence T. the gateway of LeRoy, N.Y. to operate as a common carrier, by Shells (same as above). Authority sought No. MC-113843 (Sub-No. E117). filed motor vehicle, over irregular routes, -to operate as a common carrier,by motor May 5, 1974. Applicant: REFIGER- transporting: Frozen foods, from points 'vehicle, over Irregular routes, transport- ATED FOOD EXPRESS , INC., 316 Rhode Island to points in Kentucky. The Ing: Meats, =eat products, and meat by- Summer Street, Boston, Mass. 02210. purpose'of this filing Is to eliminate the products, as descrijed by the Comml- Applicant's representative: Lawrence T. gateway of Buffalo, N.Y. slon (except liquid commodities, in bulk, Shells (same as above). Authority in tank vehicles), from Boston, Mass., to sought to operate as a common carrier, No. MC 113843 (Sub-No. E102), filed Chicago, flL, Erie, Pa,, Cincinnati, Ohio, by motor vehicle, over irregular routes, May 5, 1974. Applicant: REFRIGER- and Detroit, Mich. The purpose of this ATED FOOD EXPRESS, INC, 316 Sum- transporting: Frozen foods, from points fling Is to eliminate the gateway of in Connecticut to points in Minnesota. mer Street, Boston, Mass. 02210. Appll- Rochester, N.Y. can's representative: Lawrence T. The purpose of this filing is to eliminate Shells (same as above). Authority sought No. MC-113843 (Sub-No. E109), fled the gateway of Dundee, N.Y. May 8, 1974. to operate as a common carrier, by Applicant: REFRIGER- No. MC-113843 (Sub-No. E118), filed motor vehicle, over Irregular routes, ATED FOOD EXPRESS, INC., 316 Sum- May 5, 1974. Applicant: REFRIGER- transporting: Frozen foods, from points mer Street, Boston, Mass. 02210. Appll- ATED FOOD EXRESS, INC., 316 In Connecticut to points In Oklahoma. cant's representative: Lawrence T. Summer Street, Boston, Mass. 02210. The purpose of this fling Is to eliminate Shells (same as above). Authority sought Applicant's representative: Lawrence T. the gateway of Dundee, N. Y. to operate as a common carrier,by motor Shells (same as above). Authority 'vehicle, over irregular routes, transport- sought to operate as a common carrier, No. MC 113843 (Sub-No. E103), filed Ing: Frozen .ash, from Tiverton, R.L, to by motor vehicle, over irregular routes, May 5, 1974. Applicant: REFRIGER- Cincinnati and Dayton, Ohio. The pur- transporting: Frozen foods, from points ATED FOOD EXPRESS, INC., 316 Sum- pose of this filing is to eliminate the in Connecticut to points in Kansas. The mer Street, Boston, M~ass. 02210. ApplI- gateway of Pittsburgh, Pa. purpose of this filing is to eliminate the cant's representative: Lawrence T. Shells gateway of Dundee, N.Y. (same as above). Authority sought to No. MC-113843 (Sub-No. Bill), filed operate as a common carrier,by motor M-lay 8, 1974. Applicant: REFRIGER- No. MC-113843 (Sub-No. El19), filed vehicle, over irregular routes, transport- ATED FOOD EXPRESS, INC., 316 Sum- May 5, 1974. Applicant: REFRIGER-. ing: Frozen foods, from points in Con- mer Street, Boston, Mass. 02210. Appll- ATED FOOD EXPRESS, INC., 316 Sum- necticut to points in Nebraska. The pur- cant's representative: Lawrence T. mer Street, Boston, Mlass. 02210. Appli- pose of this filing is to eliminate the Shells (same as above). Authority sought cant's representative: Lawrence T. gateway of Dundee, N.Y. to operate as a common carrier,by motor Shells (same as above). Authority sought vehicle, over Irregular routes, transport- to operate as a common carrier,by motor No. MC 113843 (Sub-No. E104), fled ing: Meats, meat products, and mcat by- vehicle, over Irregular routes, transport- May 8, 1974. Applicant: REFRIGER- products, as described in Section A of ing: Frozen foods, from points in Con- ATE) FOOD XP/RESS, INC, 316 Sum- Appendix I to the report in Descripffons necticut to points n Colorado. The pur- ner Street Boston, Mass. 02210. AppI- in Motor Carrier Certificates, 61 MC.C. pose of this filing Is to eliminate the gate- rants representative: Lawrence T. Shells 209 and 766 (except liquid commodities, way of Dundee, N.Y.

FEDERAL REGISTER, VOL 39, NO. 113-TUEDAY, JUNE 11, 1974 20548 NOTICES

No. MC-113843 (Sub-No. E120), filed ERATED FOOD EXPRESS, INC., 316 No. MC-113843 (Sub-No. E134), filed May 5, 1974. Applicant: REFRIGER- Summer Street, Boston, Mass. 02210. May 13, 1974. Applicant: REFRIGER- ATED FOOD EXPRESS, INC., 316 Sum- Applicant's representative: Lawrence T. ATED FOOD EXPRESS, INC., 310 Sum- mer Street, Boston, Mass. 02210. Appli- Shells (same as above). Authority sought mer Street, Boston, Mass. 02210. Appli- cant's representative: Lawrence T. to operate as a common carrier,by motor cant's representative: Lawrence T, Shells (same as above). Authority sought vehicle, over irregular routes, transport- Shells (same as above). Authority sought to operate as a common carrier,by motor ing: Fresh meat, from Cincinnati, Fos- to operate as a common carrier,by motor vehicle, over irregular routes, transport- toria, Plqua, Sandusky, and Columbus, vehicle, over irregular routes, tranport- ing: Frozen foods, from points in Con- Ohio, to points in Massachusetts. The ing: Fresh meat, from Cincinnati, Fos- necticut to points in Arkansas. The pur- purpose of this filing is to eliminate the torla, Plqua, Sandusky, and Columbus, pose of this filing is to eliminate the gateways of Detroit, Mich., and Buffalo, Ohio, to points in Maine. The purpose of gateway of Dundee, N.Y. N.Y. (via Canada). this filing Is to eliminate the gateways of Detroit, Mich., and Buffalo, N.Y. No. MC-113843 (Sub-No. E123), filed No. MC-113843 (Sub-No. E129), fied May 5, 1974. Applicant: REFRIGER- May 13, 1974. Applicant: REFRIGER- No. MC-113843 (Sub-No. E135), filed ATED FOOD EXPRESS, INC., 316 Sum- ATED FOOD EXPRESS, INC., 316 Sum- May 13, 1974. Applicant: REFRIGER- mer Street, Boston, Mass. 02210. Appli- mer Street, Boston, Mass. 02210. Au- ATED FOOD EXPRESS, INC., 316 Sum- cant's representative: Lawrence T. thority sought to operate as a common mer Street, Boston, Mass. 02210. Appli- Shells (same as above). Authority sofight carrier,by motor vehicle, over irregular cant's representative: Lawrence T. to operate as a common carrier,by motor routes, transporting: Fresh meat, from Shells (same as above). Authority sought vehicle, over Irregular routes, transport- Cincinnati, Fostoria, Piqua, Sandusky, to operate as a common carrier,by motor Ing: Frozen foods, from Bpston, Mass, and Columbus, Ohio, to points in New vehicle, over irregular routes, tranport- to points i Ohio. The purpose of this Hampshire. The purpose of this filing is Ing: Frozen potatoes and potato prod- filing Is to eliminate the gateway of to eliminate the gateways of Detroit, ucts, from Presque Isle and Easton, Syracuse, N.Y. Mich., and Buffalo, N.Y. (via Canada). Maine, to points in that part of Ten- nessee on and west of a line beginning No. MC-113843 (Sub-No. E124), filed No. MC-113843 (Sub-No. E130), filed at the Tennessee-Kentucky State line May 5, 1974. Applicant: REFRIGER- May 13, 1974. Applicant: REFRIGER- and extending along U.S. Highway 127 ATED FOOD EXPRESS, INC., 316 Sum- ATED FOOD EXPRESS, INC., 316 Sum- to junction Interstate Highway 59 mer Street, Boston, Mass. 02210. Appli- mer Street, Boston, Mass. 02210. Appli- thence along Interstate Highway 59 to cant's representative: Lawrence T. cant's representative: Lawrence T. Shells the Tennessee-Georgia State line and Shells (same as above). Authority sought (same as above). Authority sought to Chattanooga, Tenn., and points in to operate as a common carrier,by motor operate as a common carrier, by motor Wisconsin. The purpose of this iling is vehicle, over irregular routes, transport- vehicle, over irregular routes, transport- to eliminate the gateway of Detroit, ing: Frozen foods, from Boston, Mass., ing: Frozen foods, from points in Ohio to Mich. to points In Michigan. The purpose of Bangor and Portland, Me., Rutland, Vt., this fing is to eliminate the gateway of and Manchester, N.H. The purpose of No. MC-113843 (Sub-No. E136), filed Syracuse, N.Y. this filing is to eliminate the gateway of May 13, 1974. Applicant: REFRIGER- Dundee, N.Y. ATED FOOD EXPRESS, INC., 316 Sum- No. MC-113843 (Sub-No. E125), filed mer Street, Boston, Mass. 02210. Appli- May 7, 1974. Applicant: REFRIG- No. MC-113843 (Sub-No. E131), filed cant's representative: Lawrence T. ERATED FOOD EXPRESS, INC., 316 May 13, 1974. Applicant: REFRIGER- Shells (same as above). Authority sought Summer Street, Boston, Mass. 02210. ATED FOOD EXPRESS, INC., 316 Sum- to operate as a common carrier,by motor Applicant's representative: Lawrence T. mer Street, Boston, Mass. 02210. Appli- vehicle, over Irregular routes, transport- Shells (same as above). Authority sought cant's representative: Lawrence T. Shells Ing: Frozen potatoes and potato prod- to operate as a common carrier,by motor (same as above). Authority sought to ucts, from Portland, Me., to points In vehicle, over irregular routes, transport- operate as a common carrier, by motor that part of Tennessee on and west of ing: Frozen foods, from points in Rhode vehicle, over Irregular routes, transport- U.S. Highway 231 and points In Wiscon- Island to points in Colorado. The pur- ing: Fresh meat, from Cincinnati, Fos- sin. The purpose of this filing is to pose of this filing is to eliminate the toria, Piqua, and Sandusky, Ohio, to eliminate the gateway of Detroit, Mich, gateway of Dundee, N.Y. points in Rhode Island. The purpose of No. MC-113843 (Sub-No. E126), filed this filing is to eliminate the gateways No. MC-113843 (Sub-No. E137), filed May 6, 1974. Applicant: REFRIG- of Detroit, Mich., and Buffalo, N.Y. (via May 13, 1974. Applicant: REFRIGER- Canada). ATED FOOD EXPRESS, INC., 310 Sum- ERATED FOOD EXPRESS, INC, 316 mer Street, Boston, Mass. 02Z10. Appli- Summer Street, Boston, Mass. 02210. No. MC-113843 (Sub-No. E132), filed cant's representative: Lawrence T. Shells Applicant's representative: Lawrence T. May 13, 1974. Applicant: REFRIGER- (same as above). Authority sought to Shells (same as above). Authority sought ATED FOOD EXPRESS, INC., 316 Sum- operate as a common carrier, by motor to operate as a common carrier,by motor mer Street, Boston, Mass. 02210. Appli- vehicle, over Irregular routes, transort- vehicle, over irregular routes, transport- cant's representative: Lawrence T. Shells ing: Frozen fruits, from Houlton, Cari- ing: Frozen foods, from points in Mas- (same as above). Authority sought to bou, and Corinna, Me., to points in sachusetts to points in Cattaraugus, operate as a common carrier, by motor Arkansas, Colorado, Iowa, Kansas, Ken- Chautaugua, and Erie Counties, N.Y. vehicle, over irregular routes, transport- tacky, Minnesota, Missouri, Nebraska, The purpose of this filing is to eliminate ing: Fresh,cooked, preserved, salted, and Oklahoma, Texas, and Wisconsin. The the gateway of Buffalo, N.Y. smoked meats, from Columbus, Ohio, to purpose of this filing Is to eliminate the No. MC-113843 (Sub-No. E127), filed points In Connecticut. The purpose of gateway of Geneva, N.Y. May 6, 1974. Applicant: REFRIG- this fling is to eliminate the gateway of Buffalo, N.Y. No. MC-113843 (Sub-No. E139), filed ERATED FOOD EXPRESS, INC., 316 May 12, 1974. Applicant: REFRIGER- Summer Street, Boston, Mass. 02210. No. MC-113843 (Sub-No. E133), filed ATED FOOD EXPRESS, INC., 316 Sum- Applicant's representative: Lawrence T. May 13, 1974. Applicant: REFRIGER- mer Street, Boston, Mass. 02210. Appli- Shels (same as above). Authority sought ATED FOOD EXPRESS, INC., 316 Sum- carrier,by motor cant's representative: Lawrence T. Shells to operate as a common mer Street, Boston, Mass. 02210. Appli- (same as above). Authority sought to vehicle, over irregular routes, transport- cant's representative: Lawrence T. operate as a common carrier, by motor ing: Frozen foods, from points in Con- Shells (same as above). Authority sought vehicle, over irregular routes, transport. necticut to points in Cattaraugus, Chau- to operate as a common carrier, by motor ing: Fresh meat, from Plqua, Ohio, to taugua, and Erie Counties, N.Y. The pur- vehicle, over Irregular routes, transport- points in that part of Connecticut on, pose of this filing is to eliminate the ing: Fresh meat, from Fostoria, Ohio, east, and north of a line beginning at the gateway of Buffalo, N.Y. to points in Connecticut. The purpose of Massachusetts-Connecticut State line No. MC-113843 (Sub-No. E128), filed this filing is to eliminate the gateways and extending along U.S. Highway 7 tO May 15, 1974. Applicant: REFRIG- of Detroit, Mich., and Buffalo, N.Y. junction U.S. Highway 44, thence along

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20549

U.S. Highway 44 to junction Connecticut ATED FOOD EXPRESS, INC., 316 Sum- pendis I to the report in Descriptions in Highway 2, thence along Connecticut mer Street, Boston, Moss. 02210. Appli- Motor CarrierCertificates, 61 M.C.C. 209 Highway 2 to junction Connecticut High- cant's representative: Lawrence T. Shells and 766 (except commodities in bulk, In way 85, thence along Connecticut High- (same as above). Authority sought .to tank vehicles and frozen foods), from way 85 to New London, Conn. 'The pur- operate as a common carrier, by motor Boston, Mass, to points In that part of pose of this fling is to eliminate the vehicle, over Irregular routes, transport- Kentucky on and west of Interstate gateway of Detroit, Mich ing: Meats, meat products, and meat by- Highway 75. The purpose of this fing products as dellned by the Commission Is to eliminate the gateways of Hamlin, No. MC-113843 (Sub-No. Z140). filed from Cincinnati, Cleveland. Fostoria, N.Y and Detrolt, Mich. 12, 1974. Applicant: REFRIGER- May Piqua, Sandusky, Columbus, and Martins No. MC-113843 (Sub-No. E157), filed ATED FOOD EXPRESS, INC., 316 Sum- Ferry, Ohio, to Springfield, Mass. The mer Street, Boston, Mass. 02210. Appll- May 8, 1974. Applicant: REFRIG- purpose of this filing is to eliminate the ERATED FOOD E1XPRESS, INC., 316 cant's representative: Lawrence T. Shells gateway of Rochester, N.Y. sought to Summer Street. Boston. Mass. 02210. Ap- (same as above). Authority representative: Lawrence T. operate as a common -carrier,by motor No. MC-113843 (Sub-No. E146). filed plicant's vehicle, over irregular routes, transport- May 12, 1974. Applicant: REFRIGER- Shells (same as above). Authority sought ing: Frozen foods, from Cleveland, Ohio, ATED FOOD EXPRESS, INC., 316 Sum- to operate as a common carrier,by motor of Kentucky west mer Street, Boston, lass. 02210. Appll- vehicle, over irregular routes, transport- to points in that part Indi- of a line beginning at the Indiana-Ken- cants representative: Lawrence T. Shells Ing. Frozen foods, from points In tucky State line and extending alongUS. (same as above). Authority sought to op- ana to points in New Hampshire. The Highway 231 to junction Interstate erate as a common carrier,by motor ve- purpose of this; ing Is to eliminate the H gh ay 65, thence along interstate hicle, over irregular routes, tUnsportlngi gateway of E7liraW Y. Highway 65 to the Kentucky-Tennessee Meats, meat products, and meat by- No. MC-114019 (Sub-No. E54), filed State line. The purpose-of this fling is to products, as defined by the Commiss on, May 10, 1974. Applicant: MIDWEST eiminate the gateway of Sturgis, Mich. from Piqua, Ohio, to points In Vermont. EMERY FREIGHT SYSTEM, INC., 7000 The purpose of thi filing Is to elininate South Pulaskl Road, Chicago, I. 60629. No. MC-13843 (Sub-No. E142), filed the gateway of Rochester, N.Y. Applicants representative: Arthur J. May 12, 1974. Applicant: R.EFIGER- No. MIC-113843 (Sub-No. EISO),* filed Sik (same as above). Auithority sought ATED FOOD EXPRESS, INC, 316 Sum- May 12, 1974. Applicant: REFRIGER- to operate as a common carrierbymotor mer Street, Boston, Mass. 02210. Appli- ATED FOOD EXPRESS, INC.. 316 Sum- vehicle, over irregular routes, transport- rant's representative: Lawrence T. Shells mer Street, Boston, Mass. 02210. Appli- Ing: Preparedfoods, other than frozen, (same as above). Authority sought to cant's representative: Lawrence T. from Nashville, Tenn., and Bowling operate as a common carrier,by motor Shells (same as above). Authorlty sought Green, Ky., to Denver, Colo., and points vehicle over Irregular routes, transport- to operate as a common carrier,by motor in that part of Nebraska on and east of ing: Fresh meat, from Cincinnati Ohio, vehicle, over irregular routes, transport- U43. H!ghway 83 from the Kansas-Ne- to points in that part of Connecticut on, and at the ing: Meats, meat products, and meat by- braska State line to North Platte, east, and north of aline beginning products, as defined by the Commission, on and south of U.S. Highway 30 from Massachusetts-Connecticut State line from Sandusky, Ohio, to points In Catta- North Platte to the Missouri River, and and extending along U.S. Highway 7 to raugus and Erie Counties, N.Y. The pur- points in that part of Iowa on and -west junction US. Highway 44, thence along of U.S. Highway 65 from Lnevflle to to junction Connecticut pose of this fling Is to eliminate the gate- U.S. Highway 44 way of Buffalo, N.Y. Iowa Falls, and on and south of Us. Highway 2, thence along Connecticut Eli), filed Highway 20 from Iowa Falls to Sioux Highway 2 to junction Connecticut No. MC-113843 (Sub-No. City. restricted to shipments moving Highway 85, thence along- Connecticut May 12, 1974. Applicant: REFRIGER- INC., 316 Sum- from to, or between warehouses or other Highway S5 to New London, Conn. The ATED FOOD EXPRESS, facilities of wholesale food business purpose of this fling is to eliminate the mer Street, Boston, Mass. 02210. Appli- Lawrence T. houses. The purpose of this filing is to gateways of Detroit, !Mch., and Buffalo, cant's representative: eliminate the gateway of Jeffersonville, N.Y. (via Canada). Shells (same as above). Authority sought to operate as a common carrier,by motor nd., and Effingham, Il1. No. MC-113843 (Sub-No. E143), fled vehicle, over irregular routes, transport- No. MC-114019 (Sub-No. E55). filed Way 12, 1974. Applicant: REFRIGER- Sum- ing: Meats, meat products, and meat by- My 12. 1974. Applicant: MIDWEST ATED FOOD EXPRESS, INC,, 316 as defined by the Commission, E~RY FREIGHT SYSTEM INC. 7000 mer Street, Boston, Mass. 02210. Appli- products, T. Shells from Piqua, Ohio, to points in Catta- South Pulaski Road, Chcago, 1I. 60629. cant's representative: Lawrence raugus and Erie Counties, N.Y. The pur- Applicant's representative: Arthur J. (same as above). Authority sought to op- Is to eliminate the Siblk (same as above). Authority sought common carrier, by motor ve- pose of this filing erate as a gateway of Buffalo, N.Y. as a common carrier,by motor hicle, over irregular routes, transport- to operate by- vehicle, over Irregular routes. transport- ing: Meats, meat products, and meat No. MC-113843 (Sub-No. E153), filed Ing: Frozen foods, in vehicles equipped products, as defined by the Commission, 'May 6, 1974. Applicant: REFRIGER- Catta- with mechanical refrigeration, (a) from from Fostoria, Ohio, to points In ATED FOOD EXPRESS, INC., 316 Sum- Sparrows Point and Baltimore, Mary- Taugus and Erie Counties, N.Y. The pur- mer Street, Boston, ass. 02210. Appli- the gate- land. New York. N.Y., and points within pose of this filing is to eliminate cant's representative: Lawrence T. 30 miles of New York, N.Y. points in way of Buffalo, N.Y. Shells (same as above). Authority sought INo. MGC-113843 that part of New Jersey, Delaware. and (Sub-No. E144), filed to operate as a common carrier,by motor Maryland, which are located within 30 May 12, 1974. Applicant: REFRIGER- vehicle, over Irregular routes, transport- miles of Philadelphla, Pa. points in that ATE FOOD EXPRESS, INC., 316 Sum- Ing: Frozen foods, from points in Rhode part of New York on and west of a line mer Street, Boston, Mass. 02210. Appl- Island, to points in Kansas. The purpose beginning at Windsor Beach and ex- cants representative: Lawrence T. Shells of this filing is to eliminate the gateway tending to Rochester, thence along U.S. (same as above). Authority sought to op- of Dundee, N.Y. Highway 15 to Wayland, thence along erate as a common carrier, by motor ve- No. MC-113843 (Sub-No. E155), filed New York Highway 245 to Dansville, hicle, over irregular routes, transporting: May 6, 1974. Applicant: REFRIGER- thence along New York Highway 36 to Meats, meat products, and meat by-prod- ATED FOOD EXPRESS, INC., 316 Sum- Junction New York Highway 21, thence ucts, as defined by the Commission, from mer Street, Boston, Mass. 02210. Appli- along New York Highway 21 to Andover, Cleveland, Ohio, to points In Cattaraugus cant's representative: Lawrence T. and thence along New York Highway 17 and Erie Counties, N.Y. The purpose of Shells (same as above). Authority sought to the New York-Pennsylvanla State this filing Is to eliminate the gateway of to operate as a common carrier,by motor line, and points in West Virginia and Buffalo, N.Y. vehicle, over irregular routes, transport- Pennsylvania. to points in Minnesota No. MC-1i3843 (Sub-No. E145), filed ing: Meats, meat products, and meat by- and Wisconsin. (b) from the origin ter- May 12, 1974. Applicant: REFRIGER- products as described in Section A of Ap- ritory described in (a) above to points

FEDERAL REGISTER, VOL 39, NO. 113--TUESDAY, JUNE 11, 1974 20550 NOTICES in Missouri. The purpose of this filing junction with South Dakota Highway Nebraska-Iowa State line, South Dakota, is to eliminate the gateways of points in 37, thence along South Dakota Highway North Dakota, Minnesota, Wisconsin, Ohio 'and Lafayette, Ind. 37 to its junction with South Dakota and points in Iowa on and north of U.S. No. MC-114019 (Sub-No. E56), filed Highway 44, thence along South Dakota Highway 6 from the Nebraska-Iowa May 10, 1974. Applicant: MIDWEST Highway 44 to its junction with U.S. State line to Its junction with Inter- EMERY FREIGHT SYSTEM, INC., 7000 Highway 18, thence along U.S. Highway state Highway 80, thence along Inter- South Pulaski Road, Chicago, Ill. 60629. 18 to the Wyoming-South Dakota State state Highway 80 to its Junction with Applicant's representative: Arthur J. line; (2) from Marshall, Mo., to points US. Highway 218, thence along U.S. in that part of South Dakota on and Highway 218 to its Junction with Iowa Sibik (same as above). Authority sought north of a to operate as a common carrier,by motor line beginning at the junction Highway 22, thence along Iowa High- vehicle, over irregular routes, transport- of Minnesota-South Dakota State line way 22 to the Iowa-Illinois State line, and Interstate Highway 90, thence along restricted to shipments moving from, to, ing: Meats, meat products, and meat by- Interstate Highway products, as defined in Sections A of 90 to its junction or between warehouses or other facili- Appendix I to the report in Descriptions with South Dakota Highway 45, thence ties of wholesale food business houses. along South Dakota Highway 45 to Its The purpose of this filing Is to eliminate in Motor CarrierCertiftcates, 61 M.C.C. junction with 209 and 766, from Scottsbluff and Geh- South Dakota Highway the gateway of Jeffersonville, Ind., and 44, thence along South Dakota Highway Utica, 311. ring, Nebr, to Bellevue, Bowling Green, 44 to its junction with U.S. Highway 18, and Covington, Ky, and Nashville, thence along U.S. Highway 18, to the No. MC-114019 (Sub-No. E52), filed Tenn., and points in that part of Vis- Wyoming-South Dakota Border. The May 9, 1974. Applicant: MIDWEST consin on, south, and east of a line purpose of-this ling is to eliminate the EMERY FREIGHT SYSTEM, INC, 7000 beginning at the Junction of the Wiscon- gateway of Waseca, Minn. South Pulaski Road, Chicago, 331. 00629. sin-Illinois State line -and Wisconsin Applicant's representative: Arthur J. Highway 78, thence along Wisconsin No. MC-114019 (Sub-No. ES0), filed Sibik (same as bove). Authority sought Highway 78 to its junction with Wiscon- May 10, 1974. Applicant, MIDWEST to operate as a common carn-r,by motor sin Highway 13, thence along Wisconsin EMERY FREIGHT SYSTEM, INC., 7000 vehicle, over irregular routes, transport- Highway 13 to its Junction with U.S. South Pulaski Road, Chicago, Ill. 60629. Ing: Edible oils and edible oll product; Highway 10, thence along U.S. Highway Applicant's representative: Arthur J. In containers, In vehicles equipped with 10 to its Junction with Wisconsin High- Sibik (same as above). Authority sought mechanical refrigeration, and related way 54, thence along U.S. Highway 54 to operate as a common carrier, by advertising matter, in mixed loads with to Lake Michigan, restricted to the motor vehicle, over Irregular routes, the above specified commodities, (a) transportation of shipments moving transporting: Frozen vegetables, (a) from Chicago, Carbondale, and Peoria, from, to, or between warehouses or other from Fairmont and Waseca, Minn., to Ill, Evansville and Indianapolis, Ind, facilities of wholesale or retail food busi- points in Indiana, New York, and Louisville, Ky., St. Louis, Mo., and Madi- ness houses. The purpose of this filing Pennsylvania, and points in New Jersey son, Wis., to points In Connecticut, Is to eliminate the gateway of Louisville, within the New York, N.Y., and Phila- Delaware, Maine (except points In Ky., Cincinnati, Ohio, or Chicago, MI. delphia, Pa., commercial zones, as de- Aroostook, Penobscot, Piscataquls, and fined by the Commission; (b) from No. MC-114019 (Sub-No. E65), filed Waldo Counties), MarylAnd on and east Fairmont and Waseca, Minn., to points of U.S. Highway 15, Massachusetts, Now May 9, 1974. Applicant: MIDWEST in Maine, New Hampshire, Vermont, EMERY FREIGHT SYSTEM, INC., 7000 Hampshire, New Jersey, points In Penn- Massachusetts, Connecticut, Rhode sylvania and New York on and east of South Pulaski Road, Chicago, Ill. 60629. Island, New Jersey, Delaware, and Applicant's representative: Arthur J. U.S. Highway 62, Rhode Island, Ver- Maryland, and points in that part of mont, and the District of Columbia; (b) Sibik (same as above). Authority sought Kentucky on and east of Kentucky to operate as a common carrier, by from Detroit and Grand Rapids, Mich., Highway 45, and points in that part of It. Wayne, Ind., and Toledo, Ohio, to motor vehicle, over Irregular routes, Michigan on, south and east of a line transporting: Glass containers and ac- points In Maine (except points In Aroo- beginning at the junction of the In- stook, Penobscot, cessories therefor; and paper cartons diana-Michigan State line and Michigan Piscataquis, and Waldo used in the packing or shipping of glass Highway Counties), Now Hampshire, Vermont, 66, thence along Michigan Massachusetts, containers, from Winchester, Ind, to Highway 66 to its junction with Inter- Connecticut, Rhode Is. Sparrows Point and Baltimore, Md., and state Highway 10, thence along Inter- land, New Jersey, Delaware, Virginia, points in Connecticut and New Jersey, state points in Pennsylvania on and cast of Highway 10 to its junction with the Pennsylvania within 30 miles of New York, N.Y., Michigan Highway 25, thence along Turnpike Extension, points in New Jersey, Delaware, and Michigan Highway and points in New York on and east of 25 to the St. Clair Interstate Highway Maryland, which are located within 30 RiVer at Port Huron; (c) from Fair- 87, and the District miles of Philadelphia, Pa., and points in of Columbia; (c) from Bellevue and mont and Waseca, Minn., to points in Covington, Pennsylvania. The purpose of this filing West Virginia. The purpose of this filing Ky., Cincinnati and Dayton, Is to eliminate the gateways at any point Is to eliminate the"gateway of Chicago, Ohio, to points in Maine (except points in Ohio. Ill., Lafayette, Ind., or points in Ohio. in Aroostook, Penobscot, Piscataquis, and Waldo Counties), New Hampshire, Ver- No. MC-114019 (Sub-No. E49), filed No. MC-114019 (Sub-No. E51), filed mont, Massachusetts, Connecticut, May 10, 1974. Applicant: MIDWEST May 10, 1974. Applicant: MIDWEST Rhode Island, New York, Pennsylvania, ENERY FREIGHT SYSTEM, INC., 7000 EMERY FREIGHT SYSTEM, INC., 7000 New Jersey, Delaware, and those points South Pulaski Road, Chicago, Ill. 60629, South Pulaski Road, Chicago, Ill. 60629. in Maryland on and east of U.S. High- Applicant's representative: Arthur J. Applicant's representative: Arthur J. way 15, and the District of Columbia. Sibik (same as above). Authority sought Sibik (same as above). Authority sought The authority described in (a), (b), and to operate as a common carrier, by to operate as a common carrier, by (c) above Is restricted to shipments mov- motor vehicle, over Irregular routes, motor vehicle, over irregular .routes, ing from, to, or between warehouses or" transporting: Frozen foods, in vehicles, transporting: Cleaning compounds, ex- other facilities of wholesale food businest equipped with mechanical refrigeration, cept in bulk, from Nashville, Tenn., and houses. The purpose of this filing Is to from (1) Moberly, Milan, and Macon, Bowling Green, Ky., to points in Colo- eliminate the gateway of Columbus, Mo., to points in North Dakota, and rado, on and north of U.S. Highway 6, Ohio. points in that part of South Dakota on Wyoming, those in Nebraska on and No. MC-114019 (Sub-No. E53), filed and north of a line beginning at the north of U.S. Highway 34 from the junction of the Minnesota-South Dakota May 10, 1974. Applicant: MIDWEST Colorado-Nebraska State line to its EMERY FREIGHT SYSTEM, INC., 7000 State line and U.S. Highway 16, thence junction with U.S. Highway 30, thence along U.S. Highway 16 to Its junction South Pulaski Road, Chicago, 11. 60629. along U.S. Highway 30 to its junction Applicant's representative: Arthur J. with South Dakota Highway 42, thence with Interstate Highway 275, thence Slbik (same as above). Authority sought along South Dakota Highway 42 to its along Interstate Highway 275 to the to operate as a comm n carrier,by motor

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20551 vehicle, over Irregular routes, transport- houses, between Nashville, Tenn., and and Iowa Highway 22, thence along Iowa ing: Glass containers, cover, caps, and Bowling Green, Ky., on the one hand, Highway 22 to its Junction with U.S. accessories therefor and paper cartons and, on the other, Sparrows Point and Highway 218, thence along U.S. High- used in the packing and shipping of glass Baltimore, lid., New York. N.Y, and way 218 to Its Junction with U.S. High- articles, (a) from Richmond, Ind., to points within 30 miles of New York, N.Y, way 30, thence along U.S. Highway 30 points in Minnesota, North Dakota, points In that part of New Jersey, Dela- to the Iowa-Nebraska State line, and South Dakota, and Nebraska; (b) from ware, and Maryland which are located points In Nebraska on and north of a Richmond, Ind, to Bowling Green, Ky., within 30 miles of Philadelphia, Pa., line beginning at the juntclon of the and Nashville, Tenn.; (c) from Rich- points in that part of New York on and Iowa-Nebraska State line and US. High- mond, Ind., to that part of Pennsylvania west of a line beginning at Windsor way 275, thence along US. Highway 275 east of a line beginning at the West Beach and extending to Rochester, to Its Junction with US. Highway 30, Virginia-Pennsylvania State line and ex- thence along U.S. Highway 15 to Way- thence along US. Highway 30 to the tending along US. Highway 119 to junc- land, thence along New York Highway Nebraska-Wyoming State line, and tion US. Highway 219, and thence along 245 to Dansville, thence along New York points In North Dakota and South Da- US. Highway 219 to the New York- Highway 36 to junction New York High- kota, restricted to shipments moving Pennsylvania State line, points in Con- way 21, thence along New York Highway from. to, or between warehouses or other necticut and New Jersey within 30 miles 21 to Andover, and thence along New facilities of wholesale food business of New York, N.Y., points in that part York Highway 17 to the New York-Penn- houses. The purpose of th filing is to of New Jersey, Delaware, and Maryland, sylvania State line, and points in Penn- eliminate the gateway of Jeffersonville, which are located within 30 miles of sylvania and those in West Virginia on Ind., and Chicago, 3I. Philadelphia, Pa., and Sparrows Point and north of US. Highway 50, restricted No. MC-114019 (Sub-No. E77), filed and Baltimore, Md., restricted to ship- to shipments moving from. to, or between May 10, 1974. Applicant: MIDWESTEM- ments moving from, to, or between ware- warehouses or other facilities of whole- ERY FREIGHT SYSTEM, INC.- 7000 houses or other facilities of wholesale sale food business houses. The purpose South Pulaski Road, Chicago, 3II. 60629. food business houses. The purpose of this of this filing is to eliminate the gateway Applicant's representative: Arthur J. Si- filing is to eliminate the gateway of of Cincinnati, Ohio. bik (same as above). Authority sought to Streator, Ill., Louisville, Ky., or Spring- No. MC 114019 (Sub-No. E75), filed operate as a common carrier,by motor field, Ohio. May 10, 1974. Applicant: MIDWEST vehicle, over irregular routes, transport- ing: Frozen vegetables, from Seabrook, No. MC-114019 (Sub-No. E72), filed EMERY FREIGHT SYSTEM, INC., 7000 South Pulaski Road, Chicago, IlL N.J., to points in Indiana, Illinois (ex- May 10, 1974. Applicant: MIDWEST cept Chicago), Michigan (except Detroit EMERY FREIGHT SYSTEM, INC., 7000 60629. Applicant's representative: Arthur J. Sibik (same as above). Authority and Grand Rapids), Missouri, Wiscon- South Pulaski Road, Chicago, IMI. 60629. sin, Minnesota, Iowa, Nebraska, South Applicant's representative: Arthur J. sought to operate as a common carrier, by motor vehicle, over irregular routes, Dakota. and North Dakota. The purpose Sibik (same as above). Authority sought of this filing is to eliminate the gateways operate as a common carrier,by motor transporting: Insulating materials,from to Alexandria and Richmond, Ind., and of Columbus, Ohio, Lafayette, Ind., and vehicle, over irregular routes, transport- Chicago, Ill. ing: Frozen foods, from St. Joseph, Mo., Aurora, Ill., to Sparrows Point and Balti- to Chicago, Ill., and points in Vermont more, Md., New York, N.YX, and points No. MC-114019 (Sub-No. E'78), filed and New Hampshire. The purpose of this within 30 miles of New York, N.Y., points May 10,1974. Applicant: MIDWEST EM- filing is to eliminate the gateway of in that part of New Jersey, Delaware, ERY FREIGHT SYSTEM, INC., 7000 Quincy, Ill., or Lafayette, Ind. and Maryland, which are located within South Pulaski Road, Chicago, MII.60629. 30 miles of Philadelphia, Pa., points in Applicant's representative: Arthur J. Si- No. MC-114019 (Sub-No. E73), filed that part of New York on and west of blk (same as above). Authority sought to May 10, 1974. Applicant: MIDWEST a line beginning at Windsor Beach, and operate as a common carrier, by motor EMERY FREIGHT SYSTEM, INC., 7000 extending to Rochester, thence along vehicle, over Irregular routes, transport- South Pulaski Road, Chicago, Ill. 60629. US. Highway 15 to Wayland, thence Ing: Frozen foods, from Macon, Marshall, Applicant's representative: Arthur J. along New York Highway 245 to Dans- Moberly, and Milan, Mo., to Chicago, Ill., Sibik (same as above). Authority sought ville, thence along New York Highway 3 points In Indiana, on and north of US. to operate as a common carrier,by motor to junction NewYork Highway 21, thence Hichway 50, points in the Lower Penin- vehicle, over Irregular routes, transport- along New York Highway 21 to Andover, sula of Michigan, and points In Maine, ing: Candy, when transported in the and thence along New York Highway 17 New Hampshire, and Vermont. The pur- same vehicle with frozen foods, in ve- to the New York-Pennsylvania State line, pose of this filing is to eliminate the gate- hicles equipped with mechanical refrig- and points in West Virginia and that ways of Quincy, II., and Lafayette, Ind. eration, from Nashville, Tenn., and Bowl- part of Pennsylvania, east of US. High- No. .MC-124078 (Sub-No. E5), filed ing Green, Ky., to points in that part of way 219, restricted to the transporta- My 9, 1974. Applicant: SCHWERMAN the Lower Peninsula of Michigan on and tion of shipments moving from, to, or TRUCKING CO. 611 South 28 St., Mil- east of a line beginning at the junction between building, roofing, or insulating waukee, WI 53246. Applicant's represent- of Michigan Highway 66 and Lake Michi- material manufacturing plants, or ware- ative: Richard H. Prevette (same as - High- gan thence south along Michigan houses (or facilities) of such plants. The above). Authority sought to operate as way 66 to its junction with U.S. High- purpose of this filing Is to eliminate the a common carrier,by motor vehicle, over way 94 and thence east on US. Highway gateway points In Ohio. Irregular routes, transporting: Liquid 91 to Detroit, restricted to shipments chemicals (except hydrofluosilic acid, moving from, to, or between warehouses No. MC-114019 (Sub-No. E76), filed May 10, 1974. Applicant: MIDWEST such naval stores as are chemicals, crude or other facilities of wholesale food busi- tall oil, sulphate, black liquor skimmings, ness houses. The purpose of this filing is EMERY FREIGHT SYSTEM; INC., 7000 South Pulaski Road, Chicago, IL. 60629. and liquid alum), In bulk, in tank or hop- to eliminate the gateway of Jefferson, per-type vehicles, from Atlanta, Ga, to Md., and Toledo, Ohio. Applicant's representative: Arthur J. Sibik (same as above), Authority cousht points in North Carolina in and east of No MC 114019 (Sub-No. E74), filed to operate as a common carrier,by motor Caswell, Alamance, Chatham, Moore, May 10, 1974. Applicant: MIDWEST vehicle, over irregular routes, transport- and Richmond Counties, N.C. and points EMERY FREIGHT SYSTEM, INC., 7000 ing: Frozen foods, and foods not frozen In South Carolina in, south, and east of South Pulaski Road, Chicago, III. 60629. when transported in the same vehicles Chesterfield, Kershaw, Fairfield, New- Applicant's representative: Arthur J. with frozen foods, in vehicles equipped berry, Saluda, and Edgefleld Counties, Sibik (same as above). Authority sought with mechanical refrigeration, from S.C. The purpose of this filing is to elim- carrier,by motor Nashville, Tenn., and Bowling Green, inate the gateway of points in Richmond to operate as a common County, Ga. vehicle, over Irregular routes, transport- Ky., to points in that part of Iowa on ing: Such merchandise, as is dealt in by and north of a line beginning at the No. MC-124673 (Sub-No. El), filed FEED TRANS- wholesale and retail grocery business junction of the fllinols-Iowa State line May 11, 1974. Applicant:

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20552 NOTICES

PORTS, INC., P.O. Box 2167, Amarillo, (e) Dry livestockl feedstuffs, n bulk the transfer to Ashdown Road, Inc., Texas 79105. Applicant's representative: from points in Lubbock, Crosby, Dickens, Ballston Spa, N.Y., of the operating Joe T. Lanhan, Suite 1102, Perry Brook King, Knox, Hardeman, Foard, Cottle, rights in Certificates Nos. MC-70585 and Bldg., Austin, Texas 78701. Authority Motley, and Floyd Counties, Tex., to MC-75085 (Sub-No. 3) and the Certifl- sought to operate as a common carrier, points in New Mexico on and east of U.S. cate of Registration in No. MC-76085 by motor vehicle, over irregular routes, Highway 85 (except Lea, Eddy, Chaves, (Sub-No. 2) Issued December 31, 1942, transporting: and Roosevelt Counties, N. Mex.). The October 13, 1967, and November 26, 1968, (a) Dry livestock feed cottonseed 15urpose of this filing is to eliminate the respectively, to Tanney's Motor Trans- products, In bulk, and alfalfa meal and gateway of Hale County, Tex. portation, Inc., Latham, N.Y., covering Pellets In bulk between points n that (f) Dry livestock feedstuffs, in bulk the transportation of general commod- part of Oklahoma (excluding Cimarron from points in that part of Texas Ities, with usual exceptions, to and from County), west of a line beginning at the bounded by a line beginning on the Albany, N.Y., and other named point. In Kansas-Oklahoma State line and ex- Texas-New Mexico State line and ex- New York. William D. Traub, 10 East tending along U.S. Highway 77 to Okla- tending eastward along U.S. Highway 380 40th Street, New York, N.Y. 10016, reg- homa City, Okla., thence west along U.S. to junction with the eastern boundary of istered practitioner for applicant,. Highway 66 to the Oklahoma-Texas Kent County, thence north along the No. MC-FC-75157. By order of June 5, State line, on the one hand, and, on the eastern boundaries of Kent, Dickens, and 1974, the Motor Carrier Board approved other, those points In Curry, Eddy, Motley Counties, thence west along the the transfer to Thompsoii Tours, Inc., Union, and Chaves County, N. Mex., and northern boundaries of Motley, Floyd, Mickleton, N.J., of License No. IC- Bent and Prowers Counties, Colo. The Hale, Lamb, and Bailey Counties, to the 130041 Issued July 1, 1968, to Earl A. purpose of this filing Is to eliminate the Texas-New Mexico State line, thence Thompson, doing business as Tr-County gateway of points In that part of Texas south along the Texas-New Mexico State Travelers Club, Mickleton, N.J., author- west and north of a line beginning at the line to the junction U.S. Highway 380 Izing the holder to engage in operations Oklahoma-Texas State line and extend- (the point of beginning), from points in as a broker in connection with the trans- Ing along U.S. Highway 283 to junction Swisher County, Tex., to points in Kan- portation of passengers and their bag- U.S. Highway 380, thence along U.S. sas. The purpose of this fling Is to elim- gage beginning and ending at pointo in Highway 380 to the Texas-New Mexico inate the gateway of Hale County, Texas. Gloucester, Salem, and Cumberland State line. By the Commission. Counties, N.J., and extending to points (b) Dry livestock feedstuffs, in bulk in the United States (including Alaska from points In Curry, Eddy, and Chaves [SEAL] ROBERT L. OSWALD, but excluding Hawaii). Jacob P. Billig, Counties, N. Mex., to points in Kansas, Secretary. Esq., Biig, Sher & Jones, P.C., Suite 300, points in Colorado on and east of a line [FR Doc.74--13362 Filed 6-10-74;8:45 am] 1126 16th Street NW., Washington, D.C. beginning at the Wyoming-Colorado 20036. State line and extending along U.S. Highway 287 to Denver, Colo., thence on [Notice 101] [SEAL] ROBERT L. OSWALD, and east of the western and southern MOTOR CARRIER BOARD TRANSFER Secretary. boundaries of Arapahoe, Elbert, Lincoln, PROCEEDINGS IFR Doc.74--13360 1Fled 6-10--74;8:45 am) Kiowa, Bent, and Prowers Counties, JUNE 11, 1974. Colo. The purpose of this filing Is to Synopses of orders entered by the eliminate the gateway of Hale County, [Notice 80] Motor Carrier Board of the Commission MOTOR CARRIER TEMPORARY Texas. pursuant to sections 212(b), 206(a), 211, (c) Dry mixed animal feeds, including 312(b), and 410(g) of the Interstate AUTHORITY APPLICATIONS cottonseed products, alfalfa meal and Commerce Act, and rules and regulations Juus 4, 1974. pellets, In bulk, from points In Kansas prescribed thereunder (49 CFR Part The following are notices of filing of south and west of a line beginning at the 1132), appear below: Kansas-Colorado State line and extend- application, except as otherwise specifi- Each application (except as otherwise cally noted, each applicant states that ing along U.S. Highway 50 to junction ,specifically noted) filed after March 27, U.S. Highway 283, thence along U.S. there will be no significant effect on the 1972, contains a statement by appli- quality of the human environment re- Highway 283 to the Kansas-Oklahoma cants that there will be no significant Stat line, to points in that part of New sulting from approval of Its application, effect on the quality of the human en- for temporary authority under section Mexico, on, south, and east of a line be- vironment resulting from approval of the ginning at the Texas-New Mexico border, 210a(a) of the Interstate Commerce Act application. As provided in the Commis- provided for under the new rules of Ex thence west along U.S. Highway 70 to sion's special rules of practice any inter- Junction U.S. Highway 85, thence along Parte No. MC-67 (49 CPR 1131), pub- ested person may file a petition seeking lished in the FEDERAL RzsISImn, issuo of U.S. Highway 85 to the Texas-New Mex- reconsideration of the following num- ico State line. The purpose of this filing April 27, 1965, effective July 1, 1905, bered proceedings on or before JulO 1, These rules provide that protests to the is to eliminate the gateway of Hale 1974. Pursuant to section 17(g) of the County, Texas. granting of an application must be filed Interstate Commerce Act, the filing of with the field official named in the FlsD- (d) Dry livestock feedstuffs, in bulk, such a petition will postpone the effective from points In that part of Texas west ERAL REGISTER publication, within 15 cal- date of the order In that proceeding days after the date of notice of the and north of a line beginning at the pending its disposition. The matters endar Oklahoma-Texas State line and extend- filing of the application Is published In relied upon by petitioners must be speci- the FEDERAL REGISTER. One copy of such ng along U.S. Highway 283 to junction fled in their petitions with particularity. U.S. Highway 380, thence along U.S. protests must be served on the applicant, Highway 380 to the Texas-New Mexico No. MC-FC-75089. By order of May 2, or its authorized representative, If any, State line and south of the northern 1974, the Motor Carrier Board approved and the protests must certify that such boundaries of Bailey, Lamb, Swisher, the transfer to Oak Harbor Freight Lines, service has been made. The protests must Floyd, Motley, Cottle, Foard, Hardeman, Inc., Seattle, Wash., of the -operating be specific as to the service which such and Wilbarger Counties, Tex., to points rights In Certificate No. MC--127960 Is- can and will offer, and must -sued May 31, 1974, to Henry Vanderpol, protestant In that part of Colorado on and east of a consist of a signed original and six (0) line beginning at the Wyoming-Colorado doing business as Oak Harbor Freight State line and extending along U.S. High- Lines, Seattle, Wash., authorizing the copies. way 287 to Denver, thence along Inter-" transportation of various commodities A copy of the application Is on file, and state Higliway 25 to the Colorado-New between specified points and areas In can be examined at the Office of the Sec- Washington. Carl A. Jonson, 300 Central retary, Interstate Commerce Commis- Mexico State line (excluding points In Bldg., Seattle, Wash. 98104, attorney for Baca County, Colorado). The purpose of applicants. sion, Washington, D.C, and also In field this filing is to eliminate the gateway of No. MC-FC-75100. By order of June 4, ofice to which protests are to be trans- Hale County, Tex. 1974, the Motor Carrier Board approved mitted,

FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 NOYrCES 20553

MOTOR CAhIERS or PROPERTy ing: Fibrous glass products and material, Pennsylvania, and West Virginia, for 180 No. MC 297 (Sub-No. 6 TA), filed mineral wool, mineralwool products unid days. SUPPORTING SHIPPER: Johns May 22, 1974. Applicant: WOODLAND materials, insulated air ducts, insulating Manville Products Corporation, Green- TRUCK LINE, INC., 635 Park Street, products and materials including prod- wood Avenue, Waukegan, 3I. 60085. P.O. Box 87, Woodland, Wash. 98674. Ap- ucts necessary In the installation thereof SEND PROTESTS TO: John J. England, plicant's representative: Lawrence V. except commodities In bulk, from Kansas District Supervisor, Interstate Commerce Smart, Jr., 419 NW. 23rd Avenue, Port- City, Kans., to points in Iowa and also Comnikson, Bureau of Operations, 2111 land, Oreg. 97210. Authority sought to from Pauline, Kans., to points In Iowa, Federal Buildng, 1000 Iberty Avenue, operate as a common carrier,by motor Nebraska, and Oklahoma, for 180 days. Pittsburgh, Pa. 15222. SUPPORTING SHIPPER: Certain-teed 1 TA), flied vehicle, over regular routes, transport- Products Corp./CSG Group. P.O. Box No. MC 90870 4Sub-No. ing: General commodities, between 860, Valley Forge, Pa. 19482. SEND PRO- May 23, 1974. Applicant: GLEN RIECH- Woodland, Wash., and its commercial TESTS TO: Vernon V. Coble, District MANN, doing business as RIECEMAN zone and Spirit Lake, Wash., as follows: Supervisor, Interstate Commerce Com- TRUCK SERVICE, R.R. 2, Alhambra, Ill. From Woodland, Wash., over Interstate mission, Bureau of Operations, GOO Fed- 62001. Applicant's representative: Ernest Highway 1-5 to the junction of Wash- eral Office Building, 911 Walnut Street, A. Brooks I, 1301 Ambassador Building, ington Highway 504, thence over Wash- Kansas City, M1o. 6410G. St. Louis, Mo. 63101. Authority sought to ington.ighway 504 to Spirit Lake, and operate as a common carrier,by motor, return over the same route, serving all No. LTC 52460 (Sub-No. 143 TA), filed vehicle, over irregular routez, transport- intermediate points, and their com- May 23, 1974. Applicant: ELLEX ing: Channels, trays, junction boxes, mercial zones, and the off-route point of TRANSPORTATION, INC., 1420 V. 35th fabricated metal panels and fitting3 and Longview, Wash., and its commercial Street, P.O. Box 9515, Tulsa, Okla. 74107. acce.sorfes therefor, from Troy and zone, and points within 10 miles of Wash- Applicant's representative: Steve B. Mc- Highland, I11., to points in Alabama, ington Highway 504, for 180 days. RE- Commas (same address as applicant). GeorGia, Texas, Louisiana, Mississippi, STRICTION: Service not authorized be- Authority sought to operate as a corn- Indiana, Arka nas, Tennessee, and Ken- tween Longview and Kelso, Wash., on mon carrier,by motor vehicle, over ir- tucky, for 180 days. SUPPORTING the one hand, and, on the other, Port- regular routes, transporting: Petroleum SHIPPER: Thoma R. Gold, Sr., Presi- land, Oreg., and Vancouver, Wash. products, In containers, from St. Louis, dent, B-Line Systems, Inc., 509 West Nor-Applicant requested that tacking Mo., to points in Tennesee, Kentucky, M.Tonroe, Highland, Ill. 62249. SEND PRO- -be authorized with applicant's authority un- Alabama, and Miss's ppl, for 180 days. TESTS TO: Harold C. Jolliff, District der MC 297 to enable service from Portland, SUPPORTING SHIPPER: Mobil Oil Supervisor, Interstate Commerce Corn- Oreg., and it Is also requested that interline Corporation, Richard J. W. Lehman, mission, Bureau of Operation:, Leland be permitted at Longview and Relso, Wash. Supv. Truck Analysis, P.O. Box 900, Dal- Office Building, 527 East Capitol Avenue, SUPPPORTING SHIPPERS: There are ap- las, Tex. 75221. SEND PROTESTS TO: Room 414, Springfield, Ill. 62701. proximately 12 statements of support. at- C. L. Phillips, District Supervisor, Inter- tached to the application, which may be state Commerce Commisdon, Bureau of No. MC102616 (Sub-No. 902 TA), flied examined at the rnterstate Commerce Com- Operations, Room 240, Old Post Office M4ay 22, 1974. Applicant: COASTAL mission in Washington, D.C., or copies TANK LINES, INC., 215 East Waterloo thereof which may be examined at the field Building, 215 NW Third, Oklahoma, City, Okla. 73102. Road. P.O. Box 1555, Akron, Ohio 44309. office named below. SEND PROTESTS TO: Applicant's representative: James An- District Supervisor W. J. Huetlg, Bureau of No. MC 52460 (Sub-No. 149 TA), filed Operations, Interstate Commerce Commis- nand (came address as above). Authority sion, 114 Pioneer Courthouse, Portland, Oreg. May 23, 1974. Applicant: ELLUX sought to operate as a common carrier, 97204. TRANSPORTATION, INC., 1420 W. 35th by motor vehicle, over Irregular routes, Street, P.O; Box 9515, Tulsa, Olda. 74107. transporting: Commodities, in bulk (ex- No.. MC 16961 (Sub-No. 5 TA), filed Applicant'3 representative: Steve B. Me- cept cement) from the site of X-Rail Sys- May 22, 1974. Applicant: HUTCHINS Commas (same addrez as applicant). tems, Inc., at Cincinnati, Ohio, to points TRUCKING COMPANY, a Corporation, Authority sought to operate as a com- in Ohio. Indiana, Illinois, Pennsylvania, 1000 Congress Street, P.O. Box 95 West mon carrier, by motor vehicle, over ir- Kentucky, Michigan, and West Virginia, End Station, Portland, Maine 04102. Ap- regular routes, transporting: Unsym- restricted to products having a prior or plicant's representative: George M. metrical dimetyhydra.Ine, in bul, in subsequent movement by rail, for 13 Hutchins (same address as above). Au- specialized tank trailers, from Rosky days. SUPPORTING SHIPPER: X-Rail thority sought to operate as a contract mountain Arsenal, Ladorn, Colo., to An- Sy-tems, Inc., 20 Park Place, Nerari, carrier, by motor vehicle, over irregular niston Army Depot, AnnIton, Ala., for N.J. 07102. SEND PROTESTS TO: routes, transporting: Such merchandise 180 days. SUPPORTING SHIPPER: Da- Franklin D. Bail, District Supervisor, as is dealt in by wholesale, retail, and partment of Defense, Curtis L. Wagner, Interstate Commerce Commission, Bu- chain grocery and food business houses office of the Judge Advocate General, reau of Operations, 181 Federal Office (except commodities in bulk) froli Department of the Army, W. shington, Blg., 1240 EaSt Ninth Street- Clevelm.d, Northboro, Mass., to South Portland, D.C. 20310. SEND PROTESTS TO: C. L. Ohio 44199. Maine, with no transportation for Phillips, District Supervisor, Interstate compensation on return, except as oth- Commerce Commission, Bureau of Oper- No. 15C 103031 (Sub-No. 311 TA), fled- erwise authorized, for 90 days. RE- ations, Room 240, Old P.O. Bld,., 215 .1ay 17, 1974. Applicant: IEET STRICTION: Restricted to service in N.W. Third, 0lahoma City, Okla. 73102. TRANSPORT CO2,PAIY, INC., 934 behalf of Legion Square Supermarket, 44th Avenue North, P.O. Box 90403, South Portland, Maine. SUPPORTING No. MC 60014 (Sub-No. 36 TA), filed Nashville, Tenn. 37209. Arplicant's rep- SHIPPER: Legion Square Supermar- May 22,1974. Applicant: AERO TRUCK- resentative: William G. North, same ad- ket, 101 Ocean Street., South Portland, ING, INC., Box 308, Monroaile, Pa. dress as applicant). Authority sought to Maine 04106. SEND PROTESTS TO: 15146. Applicant's reprezentative: A. operate as a common carrie-r, by motor Donald G. Weiler, District Supervisor, Charles Tell, Columbus Center, 100 Est vehicle, over irregular routes, transport- Interstate Commerce Commission, Bu- Broad Street, Columbus, Ohio 43215. ing: Liquid caustic soda, in bulk, in tank reau of Operations, Rm. 307, 76 Pearl Authority sought to operate as a common vehiclez, from points in Transylvania Street, Portland, Maine 04112. carrier,by motor vehicle, over irregular County, N.C., to points in Bartow Coun- routes, transporting: Plastic pipc and. ty, Ga., for 110 days. SUPPORTING No. MC 47583 (Sub-No. 16 TA), filed fittings and accessories therefor (excopt SHIPPER: Chemical Products Corp3ra- May 24, 1974. Applicant: TOLLIE commodities which by reason or size or tion, P.O. Bo 449, Cartersville, Ga. FREIGHTWAYS, INC., 41 Lyons Avenue, weight require the use of spceial equip- 30120. SEND PROTESTS TO: Joe J. Kansas City, Kans. 66118. Applicant's ment), from the plantslte of Johns Man- representative: D. S. Hults, Box 225, vile Products Corporation at or near Tate, District Supervisor, Interstate Lawrence, Kans. 66044. Authority sought Wilton, Iowa, to points in Connecticut, Commerce Commission, Bureau of Oper- to operate as a common carrier,by motor Delaware, Maryland, Massachuzetts, ations, 803 103 West End Building, vehicle, over irregular routes, transport- New Jersey, New York, Ohio, Virginia, Nashvile, Tenn. 37203.

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAt, JUNE 11, 1974 No. 113-Pt. 1- 12 20554 NOTICES

No. MC 103602 (Sub-No. 8 TA), filed EXPRESS, a Corporation, 318 Cadiz No. MC 110988 (Sub-No. 311 TA), filed May 22, 1974. Applicant: SKJONSBY Street, P.O. Box 5888, Dallas, Tex. 75207. May 23, 1974. Applicant: SCHNEIDER TRUCK LINE, INC., 48 N. 23rd Street, Applicant's represenative: J. B. Ham TANK LINES, INC., 200 West Cecil Fargo, N. Dak. 58102. Applicant's repre- (same address as above). Authority Street, Neenah, Wis. 54950. ApplIcant's sentative: Charles E. Johnson, 425 Gate sought to operate as a common carrier, representative: Nell DuJardin (same ad- City Building, Fargo, N. Dak. 58102. Au- by motor vehicle, over irregular routes, dress as above). Authority sought to op- thority sought to operate as a common transporting: Bananas and agricultural erate as a common carrier,by motor ve- carrier,by motor vehicle, over irregular commodities exempt from economic reg- hicle, over irregular routes, transporting: routes, transporting: Tractors (except ulation under Section 203(b) (6) of the Acids, in bulk (sulphurlc and phos- truck tractors), from points in North Act, when transported in mixed loads phoric), from Depue, Ill., to points in In- Dakota, and South Dakota, to points in with bananas, from Mobile, Ala., to diana (3,000 tons sulphurle, 1,000 tons North Dakota, South Dakota, Minnesota, points in Arizona, Arkansas, California, phosphoric), Iowa (2,000 tons sulphurc, Montana, and Wyoming, for 180 days. Illinois, Indiana, Iowa, Kansas, Louisi- 2,000 tons phosphoric), Wisconsin (2,000 RESTRICTION: Restricted to the trans- ana, Minnesota, Mississippi, Missouri, tons sulphuric, 1,000 tons phosphoric), portation of traffic having a prior move- Nebraska, New Mexico, Oklahoma, Ten- for 180 days. SUPPORTING SHIPPER: ment by rail from the plantsites and nessee, Texas, and Wisconsin, restricted Mobil Oil Corporation, 150 E. 42nd facilities of J. I. Case Company. SUP- to the transportation of traffic having an Street, New York, N.Y. 10017 (W.U. PORTING SHIPPER: J. I. Case Com- immediate prior move by water, for 180 Broderick, Manager, Distribution & pany, Inc, 700 State St., Racine, Wis. days. SUPPORTING SHIPPER: Del Traffic). SEND PROTESTS TO: District 5344. SEND PROTESTS TO: Joseph H. Monte Banana Company, 1201 Brickell Supervisor John E. Ryden, Interstate Ambs, District Supervisr,. Interstate Avenue, Miami, Fla. 33101. SEND PRO- Commerce Commission, Bureau of Op- Commerce Commission, Bureau of Op- TESTS TO: Gerald T. Holland, Disrict erations, 135 West Wells St., Room 807, erations, P.O. Box 2340, Fargo, N. Dak. Supervisor, Interstate Commerce Corn- Milwaukee, Wis. 53203. 58102.' mission, Bureau of Operations, 1100 No. MC 111729 (Sub-No. 440 TA), filed No. MC 106119 (Sub-No. 21 TA), filed Commerce Street, Room 13C12, Dallas, May 28, 1974. Applicant: PUROLATOR May 28, 1974. Applicant: ASSOCIATED Tex.75202. COURIER CORP., 2 Nevada Drive, Lake PETROLEUM CARRIERS, a corpora- No. MC 109533 (Sub-No. 1 TA), filed Success, N.Y. (NHP-PO) 11040. Appli- tion, Spartanburg, S.C. 29302. Appli- May 23, 1974. Applicant: OVERNITE cant's representative: John M. Delany cant's representative: Robert R. Odom, TRANSPORTATION COMPANY, a Cor- (same address as applicant). Antbjorlty P.O. Box 5504, Spartanburg, S.C. 29301. portion, 110 Commerce Road, P.O. Box sought to operate as a common carrier, Authority sought to operate as a com- 1216 (Box zip 23209), Richmond, Va. by motor vehicle, over irregular routes, mon carrier, by motor vehicle, over ir- 23224. Applicant's representative: C. H. transporting: (1) Hydraulic pumps, hy- regular routes, transporting: Petroleum Swanson (same address as applicant). draulic motors, pressed metal tank heads, products (except propane), in bulk, in Authority sought to operate as a com- and underground tunnel supports, re- tank vehicles, (1) from points in South mon carrier, by motor vehicle, over stricted to packages or articles weighing Carolina (except Georgetown, S.C.), to irregular routes, transporting: General in the aggregate no more than 25 pounds points in North Carolina and Georgia; commodities (except those of unusual from one consignor to one consignee on (2) from points in North Carolina, to value, Classes A and B explosives, house- any one day, and (2) business vapers, points In South Carolina and Georgia; hold goods as defined by the Commission, records, audit and accounting media of and (3) from points in Georgia, to points commodities in bulk, and those requiring all kinds, drawings and blueprints, be- In South Carolina and North Carolina, special equipment), (1) between Fred- tween Youngstown, Ohio, and Butler, for 180 days. SUPPORTING SHIPPERS: erick, Md., and Cumberland, Md., serv- Ind., for 90 days SUPPORTING SHIP- There are approximately *160 statements ing all intermediate points: (a) From PER: Commercial Shearing, Inc., 1175 of support attached to the applicatlon, Frederick over U.S. Highway 40 to Cum- Logan Avenue, Youngstown, Ohio. SEND which may be examined here at the In- berland and return over the same route, PROTESTS TO: Anthony D. Gialmo, terstate Commerce Commission in and (b) from Frederick over U.S. High- District Supervisor, Interstate Commerce Washington, D.C., or copies thereof way 340 to Charles Town, W. Va., thence Commission, Bureau of Operations, 20 which may be examined at the field of- over West Virginia Highway 9 to junc- Federal Plaza, New York, N.Y. 10007. fice named below. SEND PROTESTS tion West Virginia Highway 29, thence TO: E. E. Strotheid, District Supervisor, No. MC 114897 (Sub-No. 112 TA), filed over West Virginia Highway 29 to the May 20, 1974. Applicant: WHIIUELD Bureau of Operations, Interstate Com- West Virginia-Maryland state line, merce Commission, Room 302, 1400 TANK LINES, INC., P.O. Drawer 9897, thence over Maryland Highway 51 to 300-316 N. Clark Road, El Paso, Tex. Building, 1400 Pickens St., Columbia, S.C. Cumberland and return over the same 29201. 79989. Applicant's representative: J. P. route; (2) between Hagdrstown, Md., Rose (same address as applicant). Au- No. MC 107496 (Sub-No. 955 TA), filed and Martinsburg, W. Va., over U.S. thority sought to operate as a common May 24, 1974. Applicant: RUAN TRANS- Highway 11, serving all intermediate carrier, by motor vehicle, over irregular PORT CORPORATION, Third and Keo- points; and (3) between Hancock, Md., routes, transporting: Sulphuric acid, In sauqua Way, P.O. Box 855 (Box zip and Berkeley Springs, W. Va., over US. bulk, In tank vehicles, from El Paso, Tex., 50304), Des Moines, Iowa 50309. Appli- Highway 522, serving all intermediate to the site of Duval Corp. Esperana cant's representative: E. Check (same ad- points, for 180 days. Mind Properties located In Pima County, dress as applicant). Authority sought to NoTE.-In connection with the above Ariz., approximately 30 miles southwest operate as a common carrier, by motor routes, serving all points in Allegany, Gar- of Tucson, Ariz., for 180 days. SUP- vehicle, over irregular routes, transport- rett, and Washington Counties, Md., as off- PORTING SHIPPER: J. H, Smith, Do- ing: Petroleum wax, in bulk, in tank route points. Applicant states that in MC- mestic Traffic Manager, Duval Sales vehicles, from Casper, Wyo., to Tempe, F-11380 (Overnite Transportation Com- Corporation, 300 The Main Building, Ariz., for 150 days. SUPPORTING SHIP- pany-Purchase-Tidewater Exlress Lines, Houston, Tex. 77002. SEND PROTESTS PER: Amoco 01, 200 East Randolph Inc.) it will tack or interline. SUPPORTING TO: Haskell E. Ballard, District Super- Drive, Chicago, Ill. 60601. SEND PRO- SHIPPERS: There are approximately 55 visor, Interstate Commerce Commission, statements of support attached to the ap- TESTS TO: Herbert W. Allen, Trans- plication, which may be examined here at Bureau of Operations, Box H-4395 Her- portation Specialist, Interstate Com- the Interstate Commerce Commission in ring Plaza, .Amarillo, Tex. 79101, merce Commission, Bureau of Opera- Washington, D.C., or copies thereof which No. MC 115268 (Sub-No. 8 TA), ffled may be examined at the field office named tions, 875 Federal Bldg., Des Moines, below, SEND PROTESTS TO: District Su- May 22, 1974. Applicant: DAYTON Iowa 50309. pervisor Clatin Al. Harmon, Interstate Com- TRANSPORT CORPORATION, P.O. Box merce Commission, Bureau of Operations, 338, Dayton, Va. 22821. Applicant's rep- No. MC 108207 (Sub-No. 390 TA), filed 10-502 Federal Building, 400 North 8th resentative: Glenn R. Rippeon (same ad- May 24, 1974. Applicant: FROZEN FOOD Street, Richmond, Va. 23240. dress as above). Authority sought to op-

FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20555 erate as a common carrier,by motor ve- tions in Motor Carrier Certificates, 61 routes, transporting: Bananas and ag- hicle, over irregular routes, transporting: M.C.C. 209 and 766 (except hides and riculturalcommodities exempt from eco- Heating oil, in bulk, in tank vehicles, commodities in bulk, In tank vehicles), nomic regulations under Section 203 from Harrisonburg and Richmond, Va., from Amarillo, Tex., to points In Ala- (b) (6) of the Act, when transported in to the Pepco Company at Bismark, W. bama, Florida, Georgia, Kentucky, Lou!- mixed loads with bananas, from Mobile, Va., for 180 days. SUPPORTING SHIP- siana, Mississippi, North Carolina, South Ala., to points in Alabama, Arizona, Ar- PER: Minute Man Fuels, Inc., 400 Free- Carolina, and Tennessee, restricted to kansas, California, Colorado, Florida, man Avenue, Chesapeake, Va. -23324. shipments originating at the plantsite Georgia, Idaho, Illinois, Indiana, Iowa, SEND PROTESTS TO: Danny R. Beeler, and facilities utilized by John Morrell Kansas, Kentucky, Louisiana, Michigan, District Supervisor, Interstate Com- and Co., for 180 days. SUPPORTING Minnesota, Mississippi, Missouri, Mon- merce Commission, Bureau of Operations, SHIPPER: Johrl Morrell & Co., 208 S. tana, Nebraska, Nevada, New Mexico, 215 Campbell Avenue SW., Roanoke, Va. LaSale Street, Chicago, ]11. 60604. SEND North Carolina, North Dakota, Ohio, 24011. PROTESTS TO: John V. Barry, District South Carolina, Oklahoma, Oregon, No. MC 115654 (Sub-No. 27 TA), filed Supervisor, Bureau of Operations, Inter- South Dakota, Tennessee, Texas, Utah, May 22, 1974. Applicant: TENNESSEE state Commerce Commisson, 600 Fed- Washington, Wisconsin, and Wyoming, CARTAGE CO., INC., No. I Candy Lane, eral Building, 911 Walnut Street, Kansas restricted to the transportation of traf- P.O. Box 1193, Nashville, Tenn. 37202. City, Mo. 64106. fic having an immediate prior move by Applicant's representative: Walter Har- No. MC 117375 (Sub-No. 10 TA), filed, water, for 180 days. SUPPORTING wood, P.O. Box 15214, Nashville, Tenn. May 20, 1974. Applicant: BRANSON SHIPPER: Del Monte Banana Company, 37219. Authority sought to operate as a TRUCK LINE, INC., 1309 Highway 56 1201 Brickell Avenue, Miami, la. 33101. common carrier, by motor vehicle, over East, Lyons, Kans. 67544. Applicant's SEND PROTESTS TO: H. C. Morrison, irregular routes, transporting: Frozen representative: Hiatt, Spurgeon, Crock- Sr., District Supervisor, Interstate Com- foods and materials,supplies, equipment, ett & Hiatt, 308 Casson Bldg., Topeka, merce -Commission, Bureau of Opera- and ingredients used in manufacturing, Kans. 66603. Authority sought to operate tions, Room 9A27 Federal Bldg., 819 packaging, and distribution of frozen as a common carrier,by motor vehicle, Taylor St., Fort Worth, Tex. 76102. foods (except in bulk), between the plant over irregular routes, transporting: Agri- No. MC 118142 (Sub-No. 70 TA), filed and warehouse facilities of The Quaker cultural machlnery and parts, from May 22, 1974. Applicant: M. BRUEN- Oats Company, at or near Jackson, Moline, Rock Island, and Canton, I., GER & CO., INC, 6250 North Broadway, Tenn., on the one hand, and, on the Memphis, Tenn., Louisville, Ky., to Wichita, Kans. 67219. Applicant's repre- other, points in Alabama, Georgia, Hutchinson, Kans., and to Great Bend, sentative: Lester C. Arvin, 814 Century Indiana, Kentucky, Michigan, and Ohio, Kans., for 180 days. SUPPORTING Plaza Building, Wichita, Hans. 67202. restricted to traffic originating at or SHIPPERS: International Harvester Authority sought to operate as a com- destined to the plant and warehouse fa- Company, P.O. Box 1725, Hutchinson, mon carrier, by motor vehicle, over ir- cilities of The Quaker Oats Company, at Hcans. 67501; Gibson-Titus Stafford, Inc., regular routes, transporting: Bananas or near Jackson, Tern., for 180 days. Great Bend, Hans. SEND PROTESTS and agricultural commodities exempt SUPPORTING SHIPPER: The Quaker TO: M. E. Taylor, District Supervisor, from economic regulation under Section Oats Company, Merchandise Mart Plaza, Bureau of Operations, Interstate Com- 203(b) (6) of the Act, when transported Chicago, 3i. 60654. SEND PROTESTS merce Commission, 501 Petroleum Build- in mixed loads with bananas, from Mo- TO: Joe J. Tate, District Supervisor, ing, Wichita, ]Kans. 67202. bile, Ala., to points in Arizona, Cali- Interstate Commerce Commission, Bu- No. MO 117954 (Sub-No. 21 TA), flied fornia, Colorado, Kansas, Missouri, Ne- reau of Operations, 803 1808 West End May 24. 1974. Applicant: H. L. HEREIN, vada, New Mexigo, Oklahoma, Texas, Building, Nashville, Tenn. 37203. JR., 3420 Airline Highway, P.O. Box 1106, and Utah, for 180 days. RESTRICTION: No. MC 115841 (Sub-No. 474 TA), Metairie, La. 70004. Applicant's repre- Restricted to the transportation of traf- filed May 24, 1974. Applicant: COLO- sentative: Billy R. Reid, 6108 Sharon lc'having an immediate prior move by N.AL REFRIGERATED TRANSPOR- Road, Fort Worth, Ter. 76116. Author- water. SUPPORTING SHIPPER: Del TATION, INC., Off: 1215 Bankhead ity sought to operate as a common car- Monte Banana Company, 1201 Brickell Highway West, P.O. Box 10327 (Box zip rier, by motor vehicle, over irregular Avenue, Miami, Fla. 33101. SEND PRO- 35202), Birmingham, Ala. 35204. Appli- routes, transporting: Bananas and agri- TESTS TO: IM. E. Taylor, District Su- cants representative: Roger M. Shaner cultural commodities exempt from eco- pervisor, Interstate Commerce Commis- (same address as applicant). Authority nomic regulations under Section 203 sion, Bureau of Operations, 501 Petro- sought to operate as a common carrier, (b) (6) of the Act, 'when transported in leum building, Wichita, Kans. 67202. by motor vehicle, over irregular routes, mixed loads with bananas, from Mobile, transporting: Cheese and cheese prod- Ala., to points In Alabama, Arizona, Ar- No. MC 118151 (Sub-No. 3 TA), filed ucts, from Leitchfield, Ky., to points in kansas, California, Colorado, Idaho, Ill- May 23, 1974. Applicant: R. L. LETSON, the United States (except Kentucky, nois, Indiana, Iowa, Kansas, Kentucky, 611 Ft. Worth Street, Weatherford, Tex., Louisiana, Mississippi, Utah, Washing- 76088. Applicant's representative: Billy Alaska, and Hawaii), for 180 days. SUP- R. Reid, 6108 Sharon Road, Fort Worth, PORTING SHIPPER: Albany Cheese, ton, Wisconsin, and Wyoming, restricted Tem 76116. Authority sought to operate -Inc., P.O. Box 156, Leitchfield, Ky. 42754. to the transportation of traffic having an as a common carrier, by motor vehicle, SEND PROTESTS TO: Clifford W. immediate prior move by water, for 180 White, District Supervisor, Interstate days. SUPPORTING SHIPPER: Del over Irregular routes, transporting: Monte Banana Bananas and agricultural commodities Commerce Commission, Bureau of Oper- Company, 1201 BrIckell exempt from economic regulations under ations, Room 1616, 2121 Building, Bir- Avenue, Miami, Fla. 33101. SEND PRO- Section 203(b) (6) of the Act, 'when mingham, Ala. 35203. TESTS TO: Ray C. Armstrong, Jr., Dis- trict Supervisor, Interstate Commerce transported in mixed loads with bananas, No. MC 116544 (Sub-No. 149 TA), Commission, Bureau of Operations, from Mobile Ala., to points in Minne- filed May 23, 1974. Applicant: ALTRUK Room T-9038, U.S. Postal Service Bldg., sota, Idaho, Montana, North Dakota, FREIGHT SYSTEM INC., 700 East Fair- 701 Loyola Avenue, New Orleans, La. South Dakota, and Washington, re- veiw Avenue, P.O. Box 636 .Carthage, Mo. sWricted to traffic having an Immediate 64836. Applicant's representative: 70113. prior move by water, for 180 days. Robert Wilson (same address as appli- No. MC 118130 (Sub-No. 68 TA), filed SUPPORTING SHIPPER: Del Monte cant). Authority sought to operate as a May 23, 1974. Applicant: SOUTH EAST- Banana Company, 1201 Brickell Avenue, common carrier,by motor vehicle, over ERN XPRESS, INC., P.O. Box 6985, Fort Miami, Fla. 3310L SEND PROTESTS irregular routes, transporting: Meats, Worth. Tex. 76115. Applicant's repre- TO: H. C. Morrison, Sr. District Super- meat products, meat byproducts, and sentative: Billy R. Reid, 6108 Sharon visor, Interstate Commerce Commission, articles distributed by meat packing- Road, Fort Worth, Tex. 76116. Author- Bureau of Operations, Rm. 9A27 Federal houses, as described in Sections A and C Ity sought to operate as a common car- Building, 819 Taylor St., Fort Worth, of Appendix I to the report in Descrip- rier, by motor vehicle, over Irregular Tex. 76102.

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20556 NOTICES

No. MC 119789 (Sub-No. 202 TA). filed Authority sought to operate as a common SHIPPER: Haywood Larry Hiclm, Sales May 24, 1974. Applicant: CARAVAN RE- carrier, by motor vehicle, over irregular Supervisor, Smith-Douglmn Div. of Bor - FRIGERATED CARGO, INC, 1612 E. routes, transporting: Cement, in bulk, den Chemicals, Borden, Inc, P.O. Box Irving Blvd., P.O. Box 6188, Dallas, Tex. from Hartford, Conn., to points in Rhode 279, Tappahanock, Va. 22560. SEND 75222. Applicant's representative: James Island, restricted to transportation of PROTESTS TO: District Supervisor K. Newbold, Jr. (same address as appli- shipments having immediately prior Clatin M. Harmon, Bureau of Operations, cant). Authority sought to operate as a movement by rail, for 180 days. SUP- Interstate Commerce Commission, 10-502 common carrier,by motor vehicle, over PORTING SHIPPERS: Penn Central Federal Bldg., 400 N. Eighth Street, irregular routes, transporting: Mechani- Transportation Company, 540 Six Penn Richmond, Va. 23240. cal cooling and heating apparatus -(ex- Center Plaza, Philadelphia, Pa. 19104' No. MC 133920 (Sub-No. 7 TA), filed cept commodities which because of size (W. E. Sheehan, Manager of Pricing); May 6, 1974. Applicant: HOWARD or weight require the use of special and Alpha Portland Cement Company, SHEPPARD, INC., P.O. Box 755, Sanders- equipment), from Louisville, Ga, to Inc., P.O. Box 138, Cementon, N.Y. 12415 ville, Ga. 31082. Applicant's representa- points in Texas, for 180 days. SUPPORT- (D. W. Heineck, Vice President, North- tive: Monty Schumacher, Suite 310, 2045 ING SHIPPER: Convoy Servicing Com- eastern Region). SEND PROTESTS TO: Peachtree Road NE, Atlanta, Ga. 30309. pany, 3020 So. Haskell Avenue, Dallas, District Supervisor John E. Ryden, Bu- Authority sought to operate as a common Tex. 75223. SEND PROTESTS TO: Dis- reau of Operations, Interstate Commerce carrier,by motor vehicle, over irregular trict Supervisor Gerald T. Holland, In- Commission, 135 West Wells St., -Room routes, transporting: Sand, gravel and terstate Commerce Commission, Bureau 807, M lwaukee, Wis. 53203. crushed stone, in dump and hopper-typo of Operations, 1100 Commerce Street, No. MC 124579 (Sub-No 11 TA), filed vehicles, (1) from points in Georgia, to Room 13C12, Dallas, Tex. 75202. May 22, 1974. Applicant: WIE BULK points in Florida, Alabama, Mississippi, No. MC 123169 (Sub-No. 10 TA), filed EXPRESS, INC., Route 2, Huron, Ohio North Carolina, South Carolina, and May 22, 1974. Applicant: McKEVITT 44839. Applicant's representative: Robert Tennessee, and (2) from points in Ala- TRUCKING LIMITED (Ontario, Canada E. Wikel (same address as above). Au- bama, to points in Georgia, for 180 days. Corp.), 420 Fort William Road, P.O. Box thority sought to operate as a common SUPPORTING SHIPPERS: Kalniu 567, Station P, Thunder Bay, Ontario, carrier,by motor vehicle, over irregular Floor Company, Inc., 500 E. Morehead Canada, Applicant's representative: Val routes, transporting: Fertilizer,fertilizer Street, Suite 313, Charlotte, N.C. 28201; MYLHiggins, 1000 First National Bank ingredients, and fertilizer materials, in J. Roy Martin & Company, S.C. Highway Bldg., Minneapolis, Minn. 55402. Author- bulk, between the facilities of Chester, 81, North, Anderson, S.C. 29621; South- it§ sought to operate as a contract car- Inc., at or near Brookston and Boone eastern Industrial Products, Inc., Ten- rier, by motor vehicle, over irregular Grove, Ind, on the one hand, and, on the nille Road, Sandersville, Ga. 31083: and routes, transporting: Filled super-calen- other, points in Ohio and Michigan, for Martin Marietta Aggregates, P.O. Box dar rolls, between points on the Inter- 180 days. SUPPORTING SHIPPER: 335, Gray, Ga. 31032. SEND PROTESTS national Boundary line between -the Chester, Inc., P.O. Box 276, Brookston, TO: William L. Scroggs, District Super- United States and Canada located at Ind. 47923. SEND PROTESTS TO: Keith visor, Interstate Commerce Commission, Sault Ste. Marie, Mich., and Pigeon D. Warner, District Supervisor, Inter- Bureau of Operations, 1252 West Peach- River, Minn., on the one hand, and, on state Commerce Commission, Bureau of tre6 St. NW, Room 309, Atlanta, Ga. the other, Appleton and Green Bay, Wis., Operations, 313 Federal Office Building, 30309. and Kalamazoo, Mich., for 180 days. 234 Summit Street, Toledo, Ohio 43604. No. MC 134060 (Sub-No. 10 TA), filed SUPPORTING SHIPPER: Abitibi Pro- No. MC 127579 (Sub-No. 3 TA), filed May 23, 1974. Applicant. DAVINDER vincial Paper, P.O. Box 450, Thunder May 21, 1974. Applicant: PENN-MAR- FREIGHTWAY'S LTD., 435 Trunk Road, Bay, Ontario, Canada. SEND PRO- VA TRANSPORTATION CORPORA- Duncan, British Columbia, Canada, VOL TESTS TO: Raymond T. Jones, District TION, P.O. Box 343, Stenersen Lane, 2P8. Applicant's representative: James T. Supervisor, Interstate Commerce Cow- Cockeysville, Md. 21030. Applicant's rep- Johnson, 1610 IBM Building, Seattle, mission, Bureau of Operations, 414 Fed- resentative: Morton E. Kiel, Suite 6195, Wash. 98101. Authority sought to oper- eral Building and U.S. Courthouse, 110 5 World Trade Center, New York, N.Y. ate as a common carrier,by motor ve- So. 4th Street, Minneapolis, Minn. 55401. 10048. Authority sought to operate as a hicle, over irregular routes, transporting: No. MC 123392 (Sub-No. 62 TA), filed common carrier,by motor vehicle, over Baled pulp, from ports of entry on the May 20, 1974. Applicant: JACK B. KEL- irregular routes, transporting: Beer and United States-Canada International LEY, INC., U.S. 66 West at Kelly Dr., malt beverages, from Williamsburg, Va., Boundary line at or near Blaine and Route 1, Box 400, Amarillo, Tex. 79106. to Baltimore, Md., Commercial Zone and Sumas, Wash., to Everett, Wash., for 180 Applicant's representative: Weldon M. Glyndon, Md., and empty used containers days. SUPPORTING SHIPPER: B.. C. Teague (same address as above). Author- on return, for 180 days. SUPPORTING Forest Products, Limited, 1190 Melvillo ity sought to operate as a common car- SHIPPERS: Mr. Lester H. Crowther, Jr., Street, Vancouver, British Columbia, rier, by motor vehicle, over irregular Comptroller, The Winner Distributing Canada. SEND PROTESTS TO: L. D. routes, transporting: Liquid oxygen, liq- Co., '7616 Canton Center Drive, Balti- Boone, Transportation Specialist, Inter- uid nitrogen, and liquid argon, between more, Md. 21224 and Mr. Charles R. state Commerce Commission, Bureau of points In Wisconsin, Minnesota, North Broderick, Jr., The Bees Distributing Co., Operations, 6049 Federal Office Building, Dakota, South Dakota, and Illinois, for Inc., Glyndon, Md. 21071. SEND PRO- 909 Ist Avenue, Seattle, Wash. 98104. No. MC 180 days. TESTS TO: William _, Hughes, District 135082 (Sub-No. 8 TA), filed Supervisor, Interstate Commerce Com- May 24, 1974. Applicant: BURSCH NoT-.-Applicant will tack with carrier's mission, Bureau of Operations, 814-B Sub 31. SUPPORMING SHIPPERS: .Alex Mils, TRUCKING, INC., doing business as Distribution Manager, Midwest Region, Liq- Federal Building, Baltimore, Md. 21201. ROADRUNNER TRUCKING, INC., 415 uid Air, Inc., 5300 South East Avenue, Coun- No. MC 129205 (Sub-No. 3 TA), filed Rankin Road, NE., Albuquerque, N. Mex. tryside, Ill., and R'. L. Mathews, Operations May 21, 1974. Applicant: GEORGE D. 87107. Applicant's representative: Don F, Manager, Airco, Inc., 2001 W. 16th Street, Jones (same address as above). Au- Broadview, II. 60153. SEND PROTESTS TO: E-7IS, Waterview, Va. 23108. Appli- Haskell E. Ballard, District Supervisor, In- cant's representative: Morton E. Kiel, thority sought to operate as a common terstate Commerce Commission, Bureau of Suite 6193, 5 World Trade Center, New carrier,by motor vehicle, over Irregular Operations, Box H-4395 Herring Plaza, ,Ama- York; N.Y. 10048. Authority sought to routes, transporting: Grinder blowers, rlo, Tex. 79101. operate as a common carrier by motor grinder mixers, hammer mills, hay mill, vehicle, over _rregular routes, transport- burr mills, rollermills, grainbuggies, and No. MC 124078 (Sub-No. 597 TA), filed ing: Limestone and 'limestone products, running gears, attachments and parts of May 22, 1974. Applicant: SCHWERMAN from points in the Baltimore, Md., Com- the above when moving in mixed loads TRUCKING CO., a -Corporation, -611 mercial Zone, to points in Essex, Middle- therewith, restricted against commod- South 28th Street, llwaukee, Wis. sex, Gloucester, Mathews, Richmond, ities, the transportation of which by 53246. Applicant's representative: Rich- Lancaster, and Northumberland Coun- reason of size or weight require the use ard H. Prevette (same address as above). ties, Va., for 180 days. SUPPORTING of special equipment, from the mninu-

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE .11, 1974 NOTICES 20557 facturing facilities of Wetmore, Inc., lo- Commerce Commission, Bureau of Op- tional Foundation Life Bldg., 3535 NW. cated at Tonkawa, Okla., to points In erations, 234 Federal Building Topeka, 58th, Oklahoma City, Okla. 73112. Au- Arizona, Colorado, New Mexico, Mon- Rans. 66603. thority sought to operate as a common tana, and Texas, for 180 days. SUP- No. MC 135797 (Sub-No. 26 TA), carrier,by motor vehicle, over irregular PORTING SHIPPER: Wetmore, Inc., filed May 10, 1974. Applicant: J. B. routes, transporting: Petroleum coke, in P.O. Box 307, Tonkawa, Okla. 74653. open top dump trailers, from Texas City, HUNT TRANSVORT, INC, 833 Warner Tem, to Kremlin, Okla., and from Texas SEND PROTESTS TO: John H. Kirk- Street SW, Atlanta, CA. 30310. Appli- emo, District Supervisor, Interstate Com- cant's representative: Virgil H. Smith, City, Tex., to Fort Arthur, Tex on traf- merce Commission, Bureau of Opera- Suite 12, 1587 Phoenix Blvd., Atlanta, fie having a subsequent and further out- tions, 1106 Federal Office Building, 517 of-state movement, for 180 days. SUP- Ga. 30349. Authority sought to operate Great Lakes Car- Gold Avenue SW., Albuquerque, N. Mex. as a common carrier, by motor vehicle, PORTING SHIPPER: 8710L bon Corp., Geo. I. Gunter, V. P. and Dir. over irregular routes, transporting: Anti- of Transportation, 299 Park Ave., New No. MC 135364 (Sub-No. 13 TA), filed freeze or engine coolant preparations York, N.Y. 10017. SEND PROTESTS TO: May 21, 1974. Applicant: MORWALL (except inbulk or tank equipment), from C. I. Phillips, District Supervisor, Inter- TRUCKING, INC., RD. No. 3, Box 76-C, Texas City, Tex., to points in Arkansas, state Commerce Commission, Bureau of Moscow, Pa. 18444. Applicant's repre- Louisiana, Missouri, Oklahoma, Kansas, Operations, Room 240, Old Post Office sentative: Kenneth R. Davis, 999 Union and Tennessee (Brownsville, Covington, Building, 215 NW. Third, Oklahoma City, Street, Taylor, Pa. 18517. Authority Millington, and Ripley only), restricted Okla. 73102. sought to operate as a contract carrier, to shipments consigned to Wal-Mart by motor vehicle, over irregular routes, Stores, Inc., for 180 days. SUPPORTING No. MC 136326 (Sub-No. 2 TA), filed transportng. (1) Enameled, glazed, and SHIPPER: Wal-Mart Stores, Inc., P.O. May 23, 1974. Applicant: FLORIDA AS- surface coated paper, from Laflin, Lu- Box 116, Bentonville, Ark. 12112. SEND SEMBLY & DISTRIBUTION, INC., 201 zerne County, Pa., to points in the United PROTESTS TO: William L. Scroggs, North Federal Highway, Deerfield Beach, States (except Alaska, Hawaii, Wiscon- District Supervisor, Interstate Commerce Fla. 33441. Applicants representative: sin, Minnesota, Montana, Wyoming, Commission, Bureau of Operations, 1252 Leonard A. Jaskdewlcz, Suite 501, 1730 M Florida, and Pennsylvania), under a con- West P'eachtree Street NW., Room 309, Street NW., Washington, D.C. 20036. tinuing contract with Fitchburg Coated Atlanta, Ga. 30309. Authority sought to operate as a common Products, Inc.; and (2) mat era-s and No. MC 135874 (Sub-No. 46 TA), filed carrier,by motor vehicle, over irregular supplies used in the manufacture of the May 22, 1974. Applicant: LTL PERISH- routes, transporting: General commodf- above commodities (except commodities ABLES, INC. 132nd & Q Street, P.O. ties (except those of unusual value, Class in bulk), from points In New Jersey, New Box 37468 (Box zip 68152), Omaha, Nebr. A and B explosives, household goods as York, Ohio, Michigan, Massachusetts, 68137. Applicant's representative: Bill defined by the Comnilsslon, commodities Delaware, West Virginia, Virginia, Ver- White (same address as above). Author- In bulk, and those requiring special mont, Maine, California, and New Hamp- ity sought to operate as a common car- equipment), between points In Dade, shire, to Laflin, Luzerne County, Pa., rer, by motor vehicle, over Irreguilar Broward, and Palm Beach Counties, Fla., under a continuing contract with Fitch- routes, transporting: Fresh and frozen for 180 days. SUPPORTING SHIPPER: burg Coated Products, Inc., for 150 days. meats, from Wichita, Mans., to points In Industrial Shippers Association, Inc., SUPPORTING SHIPPER: Fitchburg Iowa, South Dakota, Nebraska, North 3710 South California Avenue, Chicago, Coated Products, Inc., P.O. Box 1106, Dakota, Minnesota, and Wisconsin, for 3L. 60632. SEND PROTESTS TO: Dis- Scranton, Pa. 18501. SEND PROTESTS 180 days. SUPPORTING SHIPPER: Del trict Supervisor Joseph B. Telchert, In- TO: Paul J. Kenworthy, District Super- Pero Mondon Meat Co., Sunflower Divi- terstate Commerce Commission, Bureau visor, Bureau of Operations, Interstate sion, Eston E. Hasty, Sales Manager, 800 of Operations, Palm Coast II Building, Commerce -Commission, 309 U.S. Post E. 37th Street North, Wichita, Hans. Suite 208, 5255 NW. 87th Avenue, Miami, Office Building, Scranton, Pa. 18503. 67208. SEND MOTESTS TO: District Fla. 33166. No. MC 135535 (Sub-No. 7 TA), filed Supervisor Carroll Russell, Interstate No. MC 136914 (Sub-No. 3 TA), filed May 23, 1974. Applicant: EL DORADO Commerce Commission, Bureau of Op- May 23, 1974. Applicant: WALLACE E. TRANSPORTATION, INC., 206 North erations, Suite 620 Union Pacific Plaza, BROWN, Rt. 2, Box 130, Grand Junc- Concord, - Minneapolis, Kans. 67467. 110 North 14th Street, Omaha, Nebr. tion, Tenn. 38039. Applcant's represent- Applicant's representative: Clyde N. 68102. ative: A Doyle Cloud, Jr, 5100 Poplar Christey, 641 Harrison Street, Topeka, No. MC 135884 (Sub-No. 4 TA), Avenue, Suite 2008, Clark Tower, Mem- Mans. 66603. Authority souglit to operate filed May 24, 1974. Applicant: STEVE phis, Tenn. 38137. Authority sought to as a contract carrier,by motor vehicle, CALDWELL, Rt. 1, Box 36, Adams, Oreg. operate as a common carrier,by motor over irregular routes, transporting: (1) 97810. Applicant's representative: Law- vehicle, over Irregular routes, transport- Cube van bodies, between the plant site rence V..Smart, Jr., 419 NW. 23rd Ave- ing: Brick, from Gallaway, Tenn., to and/or storage facilities of El Dorado In- nue, Portland, Oreg. 97210. Authority points in Florida and Michigan, for 180 dustries, Inc., at or near Minneapolis, sought to operate as a contract carrier,by days. SUPPORTING SHIPPER: South- Kans., and between the plant site motor vehicle, over irregular routes, ern Brick and Masonry Manufacturing and/or storage facilities of El Dorado transporting: Milk replacer, whej and Co., 5100 Poplar Avenue, Suite 2412, Industries, Inc., at or near Salina, whey-fat mixes, from the facilities of the Clark Tower, Memphis, Tenn. 33137. Kans., on the one hand, and, on the. Milk Specialties Co. at or near Dundee SEND PROTESTS TO: Floyd A. John- other, points in the Continental United and Pittsfield, Ill., and Boscobel, Wis., to son, District Supervisor, Interstate Com- States (except Kansas), and (2) cube points In Arizona, California, Colorado, merce Commission, Bureau of Oper- vans, in drive-away service, between Idaho, Montana, Oregon, Texas, Utah, ations, 435 Federal Office Building, 167 the plant site and/or storage facil- and Washington, for 180 days. SUP- North Main Street, Memphis, Tenn. ities of El Dorado Industries, Inc., at PORTING SI PER: Steve Caldwell, 38103. or near Minneapolis, Kans., and between Route 1, Box 36, Adams, Oreg. 97810. No. MC 138662 (Sub-No. 2) TA), filed the plant site and/or storage facilities of SEND PROTESTS TO: District Super- May 24, 1974. Applicant: JERRY M. El Dorado Industries, Inc., at or near visor W. J. Huetig, Interstate Commerce GREEN, doing business as PALACE Salina, Kans., on the one hand, and, on Commission. Bureau of Operations, 114 TRANSFER AND STORAGE CO., 3200 the other, points in the Continental Pioneer Courthouse, Portland, Oreg. West Plcacho, Las Cruces, N. Mem 88001. United States (except Kansas), for 150 No. MC 136220 (Sub-No. 10 TA), Applicant's representative: Edwin E. days. SUPPORTING SHIPPER: El filed May 23, 1974. Applicant: ROY Piper, Jr., 1115 Sims Building, Albuquer- Dorado Industries, Inc., Rural Route 2, SULLIVAN, doing business as SULLI- que, N. Mex. 81701. Authority sought to P.O. Box 266, Minneapolis, Kans. 67477. VAN TRUCKING CO., 1705 N. 3rd, Ponca operate as a common carrier,by motor SEND PROTESTS TO: Thomas P. City, Okla. 74601. Applicant's representa- vehicle, over irregular routes, transport- O'Hara, District Supervisor, Interstate tive: G. Timothy Armstrong, 280 Na- ing: Used household goodr, unaccom-

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20558 NOTICES panied baggage, and personal effects, be- Interstate Commerce Commission, 135 there will be no significant effect on the tween points in Dona Ana, Otero, Luna, West Wells Street, Room 807, Milwaukee, quality of the human environment re- Hidalgo, and Grant Counties. N. Men, Wis. 53203. sulting from approval of its application, for 180 days. RESTRICTION: The serv- No. MC 139826 TA, filed May 21, 1974. for temporary authority under section ice authorized herein Is restricted to the 210a(a) of the Interstate Commerce Act transportation of traffic havinga prior or Applicant: COLUMBINE TRANSPOR- TAT7ON, INC., 4155 Laurel Road, Bruns- provided for under the new rules of Ex subsequent movement, in containers, Parte No. MC-67 (49 C.F.R. 1131), pub- beyond the points authorized and fur- wick, Ohio 44212. Applicant's representa- tive: Thomas Bolan, 89 South Fourth St, lished in the Fmrsr, R-1G.STEn, Lsue of ther restricted to the performance of a April 27, 1965, effective July 1, 1965, pickup and delivery service in connection Columbus, Ohio. Authority sought to operate as a common carrier, by motor - These rules provide that protests to the with packing, crating, and containeriza- granting of an application must be filed tion or unpacking, uncrating, and vehicle, over irregular routes, transport- decon- ing: Meat, with the field official named in the Fnx- tainerization of suchi traffic: SUPPORT- meat products, meat byprod- ucts, ERA REGISTER publication, within 15 cal- ING SHIPPERS: Astro International, and articles distributed by meat packinghouses, as described in Sections endar days after the date of notice of the 623 South Pickett St, Alexandria, Va. filing of the application Is published in 22304; Vanpac Carriers, Inc., 2114 A and C of Appendix I to the report in Mc- Descriptions the F )ERALREGISTER. One copy of such Donald Ave, Richmond, Calif, 94801; in Motor Carrier Certifi- cates, 61 protests must be served on the applicant, Asiatic Forwarders, Inc, 335 Valencia M.C.C. 209 and 766 (except hides and commodities in bulk, in tank or its authorized representative, if any, St., San Francisco, Calif. 94103; Sun Pak and the protests must certify that such Movers, Inc, 100 West Harrison Plaza, vehicles), from the plantsite of, and stor- age facilities service has been made. The protests must Seattle, Wash. 98119; and Rocky Ford utilized -by American Beef Packers, Inc, at or near Cactus, Tex. be specific as to the service which such Moving Vans, Inc., 3811 W. Industrial, protestant can and will offer, and must Midland, Tex. 79701. SEND (Moore County), to points in California, PROTESTS Mississippi, consist of a signed original and six (6) TO: John H. Kirkemo, District Super- Alabama, Georgia, Florida, Tennessee, North copies. A copy of the application is on visor, Interstate Commerce Commission, Carolina, South Caro- lina, Illinois, file, and can be examined at the Office of Bureau of Operations, 1106 Federal Of- Indiana, Kentucky, michi- gan, Ohio, Virginia, Maryland, District the Secretary, Interstate Commerce fice Building, 517 'Gold Avenue SW, Commission, Washington, D.C., and also Albuquerque, N. Mex. 87101. of Columbia, Delaware, New Jersey, New York, Pennsylvania, Connecticut, in field office to which protests are to be Rhode transmitted. No. MC 139495 (Sub-No. 2 TA), filed Island, and Massachusetts, restricted to May 20, 1974. Applicant: NATIONAL traffic originating at and destined to MozO CARIERs OF PSoPrrEY CARRIERS, INC., 1501 East 8th Street, the named points, for 180 days. SUP- P.O. Box 1358, Liberal, Kans. 67901. Ap- PORTING SHIPPER: American Beef No. MC 139819 (Sub-No. 1 TA), filed plicant's representative: Frederick J. Packers, Inc., 7000 W. Center Road, May 23, 1974. Applicant: SOUTHERN Coffman, 521 South 14th Street, Lincoln, Omaha, Nebr. SEND PROTESTS TO: FARM SERVICES, INC., P.O. Box 103, Nebr. 68501. Authority sought to operate Franklin D. Bail, District Supervisor, In- Opp, Ala. 36467. Applicant's represent- as a common carrier, by motor vehicle, terstate Commierce Commission, Bureau ative: Robert E. Tate, P.O. Box 517, over irregular routes, transporting: of Operations, 181 Federal Office Build- Evergreen, Ala. 36401. Authority sought Lamps, advertisingmaterials, and pack- ing, 1240 East Ninth Street, Cleveland, to operate as a common carrier,by motor aging materials,from the plant site and Ohio 44199. vehicle, over irregular routes, transport- storage facilities of North American MOTOR CARRIERS OF PASSENGERS Ing: (1) Fertilizer,in bulk, from Cotton- Philips Lighting Corporation at or near dale, Fla., to points in Alabama on and Lynn, Mass., to points in California, No. MC 139817 (Sub-No. 1 TA), filed south of U.S. Highway 80, and Points in Colorado, Illinois, Indiana, Missouri, May 20, 1974. Applicant: RICHARD A. Mississippi, and (2) fertilizer, in bulk POWELSON, Nebraska, Oklahoma, Oregon, Texas, doing business as BI- and in bags, from Opp. Ala., to points Wisconsin, -Nevada, Tennessee, Georgia, STATE COACH LINES, 36 Princeton in Florida and Mississippi, and from Avenue, Florida, and JKansas, for 180 days. SUP- Gloucester City, N.J. 08030. Ap- points in Mississippi, to Opp, Ala., for 180 PORTING SHIPPER: North American plicant's representative: Raymond A. days. SUPPORTING SHIPPERS: Gools- Philips Lighting Corporation, Banks Thistle, Jr., Suite 1012, Four Penn Cen- ,by Farm Supply, 400 South Ninth Street, Street, 'Heightstown, N.J. 08520. SEND ter Plaza, Philadelphia, Pa. 19103. Au- Florala, Ala., 36442; Opp's Cooperative, thority sought to operate as PROTEST& TO: M. E. Taylor, District a common Inc., P.O. Box 328, Opp, Ala. 36467; and Supervisor, Bureau of Operations, Inter- carrier, by motor vehicle, over irregular Opp's Farm Supply, Opp, Ala. 364G7. routes, transporting: sutate Commerce Commission, 501 Petro- Passengers and SEND PROTESTS TO: Clifford W. their baggage, in leum Building, Wichita, Kans. 67202. special operations, be- White, District Supervisor, Interstate tween Borough of Brooklawn, Camden, Commerce Commission, Bureau of Oper- No. MC 139772 (Sub-No. 1 TA), filed County, N.J., and the -construction site of ations, Room 1616, 2121 Building, Birm- May 21, 1974. Applicant: ROBERTS the Sohio Petroleum Company at or near ingham, Ala. 35203. TRUCKING, INC., Route 1, Eldorado, Trainer, Delaware County, Pa., for 180 days. SUPPORTED No. MC 139819 (Sub-No. 1 TA), filed Wis. 54932. Applicant's representative: BY: Various in- May 20, 1974. Applicant: GARNER John J. Keller, 145 W. Wisconsin Ave., dividuals. SEND PROTESTS TO: Rich- TRUCKING, ard M. Regan, District Supervisor, INC., Route No. 4, Flndlay, Neenah, Wis. 54956. Authority sought to Bu- Ohio 45840. Applicant's representative: operate as a contract carrier, by motor reau of Operations, Interstate Commerce Commission, Michael M. Briley, 300 Madison Avenue, vehicle, over irregular routes, .transport- 428 East State Street, Room Toledo, Ohio 43604. 204, Trenton, N.J. 08608. Authority sought to ing: (1) Cheese and cheese supplies operate as a contract carrier,by motor used in pizza making, from Van Dyne, By the Commission. vehicle, over irregular routes, transport- Wis., to points in Illinois, Indiana, Michi- [SEAL] ROBERT L. ing: Dry fertilizer and dry fertilizcr in- gan, Minnesota, and Ohio; and (2) OsWALD, gredients, Secretary. in bags or in bulk; hcrbeidcs, equipment and supplies used in the insecticides, and pesticides when moving manufacture and distribution of cheese [FR Doc.74-13363 Filed 6-10-74;8:45 am] in mixed shipments with dry fertilizer and cheese supplies used in pizza making and animal and poultry feed and animal from points in Illinois, Indiana, Michi- and poultry feed ingredients, restricted gan, Minnesota, and Ohio to Van Dyne, [Notice 81] against the shipment of commodities In Wis., under contract to Lone Elm Cheese MOTOR CARRIER bulk, in tank vehicles, from the plant site Factory, Inc., Van TEMPORARY Dyne, *Ws.,for 180 AUTHORITY APPLICATIONS -of The Andersons, a partnership, located days. SUPPORTING SHIPPER: Lone at or near Maumee, Ohio, to points in Elm Cheese Factory, Inc., Van Dyne, Wis. JuNE 5, 1974. Michigan, Illinois, Indiana, Wisconsin, 54979 (Glen Dedow, President). SEND The following are notices of filing of Pennsylvania, Kentucky, and New York PROTESTS TO: District Supervisor application, except as otherwise specifi- for 180 days. SUPPORTING SHIPPER: John E. Ryden, Bureau of Operations, cally noted, each applicant states that The Andersons, P.O. Box 119, Maumee,

FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 NOTICES 20559

Ohio 43537. SEND PROTESTS TO: No. MC 139831 TA. fled May 10, 1974. sippl, Alabama, Georgia, Florida, Ten- Keith D. Warner, District Supervisor, Applicants: R. E. AND B. H. STROZIER, nessee, North Carolina, South Carolina, Interstate Commerce Commission, Bu- doing business as S & S BOAT REPAIR, Illinois, Indiana, West Virginia, Virginia, reau of Operations, 313 Federal Office 4855 Northway Drive NE., Atlanta, Ga. Maryland. District o Columbia, Ken- Building, 234 Summit Street, Toledo, 30342. Applicant's representative: (R. E. tucky, Delaware, New Jersey, New York Ohio 43604. Strozier (same address as above). Au- Michigan, Pennsylvania, Connecticut, thority sought to operate as a common No. MC 139823 (Sub-No. 1 TA), filed Rhode Island, Vermont, New Hampshire, by motor vehicle, over Irregular May 23,1974. Applicant: RALPH M1URR, carrier, Ohio, Massachusetts, and Maine, re- routes, transporting: Boats un automa- stricted to traffic originating at and doing business as MRR TRUCKING tion tooling, between points in Georgia, COMPANY, Route 3, Huntsville, Ark. destined to the named points, for 180 72740. Applicant's representative: James Alabama, Florida, Tennessee, North days. SUPPORTING SHIPPER: Ralph Carolina, South Carolina, and Virginia, B. Blair, III Holcomb Street, P.O. Box L. McGee, General Traffic Manager, 869, Springdale, Ark. 72764. Authority for 180 days. SUPPORTING SHIPPERS: American Beef Packers, Inc., 7000 West sought to operate as a contract carrier, There are approximately 8 statements of Center Road, Omaha, Nebr. 68106. SEND support attached to the application, PROTESTS TO: Haskell E. Ballard, Dis- by motor vehicle, over irregular routes, which may be examined here at the In- transporting: Animal and poultry ieed, trict Supervisor, Bureau of Operations, terstate ingredients, and animal and poultry Commerce CommL.son In Wash- Interstate Commerce Commission, Box ington, D.C., or copies thereof which may health products, In bulk and sack, from H-4395 Herring Plaza, Amarillo, Tex. Girard, be examined at the field office named 79101. Kans, to points In Benton, below. SEND PROTESTS TO: William Washington, Carroll, and Madison Coun- No. MC 139834 TA, filed May 24, 1974. ties, Ark., for 180 days. SUPPORTING L. Scroggs, District Supervisor, Inter- state Commerce Commission, Bureau of Applicant: WIUZM T. PEARCE, 7794 SHIPPER: International Multifoods East Evans Creek Road, Rogue River, Corporation, 1200 Multlfoods Building, Operations, 1252 West Peachtree St. NW., Room 309, Atlanta, Ga. 30309. Oreg. 97537. Applicant's representative: M1ineapolis, Mlnn. 55402. SEND PRO- William T. Pearce (same address as -TESTS TO: District Supervisor William No.M C 139332 TA. filed May 23, 1974. above). Authority sought to operate as a H. Land, Jr., Interstate Commerce Com- Applicant: QUALITY CASKET CAR- contract carrier,by motor vehicle, over mission, Bureau of Operations, 2519 Fed- RIERS, INC, 176 Eagle Point Road, Fox Irregular routes, transporting: Various eral Office Building, 700 West Capitol, Lake, IL 60020. Applicant's representa- electric transformers,from 500 pounds to Little Rock, Ark. 72201. tive: Harold Bell, 33 North La Salle 12,000 pounds or more, between White No. MC 139825 (Sub-No. 1 TA), filed Street, Chicago, IL 60602. Authority City, Jackson County, Oreg., and various sought to operate as a contract carrier, May 23, 1974. Applicant: A & points In California, Arizona, Washing- B TRAC- by motor vehicle, over Irregular routes, TOR SERVICE, INC, 2428 South Hanna ton. Nevada, Texas. Colorado, Utah, transporting: Uncrated burial casl ets Street, Fort Wayne, Ind. 46803. Appli- Idaho, Wyoming, New Mexico, and Mon- aznd its components using specialized cant's representative: Donald R. Clifford, tana, for 180 days. SUPPORTING SHIP- trailers containing padded shelves and 116 East Wayne Street, Suite 344, Ft. PEM: Standard Transformer Company, equipment to protect the uncrated cs- 8001 Table Rock Road, M,.edford, Oreg. Wayne, Ind. 46802.'Authority sought to kets, from Chicago, Oak Park, and operate as a common carrier,by motor 97502. SEND PROTESTS TO: A. E. Prophetstown, ill., and .lwaukee, Wis., vehicle, over irregular routes, Odoms, District Supervisor, Interstate transport- on the one hand, and to points and places Ing: (1) New other than trailers Commerce Commission, Bureau of Oper- trailers, to and from, for said shlppers through- designed to be drawn by passenger auto- ations, 114 Pioneer Courthouse, Port- -mobile from the point of manufacture, out the United States of America, ex- land, Oreg. cept Hawaii and Alaska, for 180 days. and (2) new and used trailers In subse- SUPPORTING SHIPPERS: National By the Commiston. quent or secondary movements, between points In Indiana, Michigan, Ohio, i111- Casket Co., P.O. Box 11, Prophetstown, [sZAL] ROBERT L. OSWArD, Ill. 61277; The Merit Co., 2124 W. Chi- nois, Pennsylvania, Kentucky Tennessee, Secretary. cago Avenue, Chicago, Ill. 60022; Bren- and Missouri, for 180 days. SUPPORT- [FRIcc.74-133 4 iled 6-10-74;8:45 =m1 ING SKIPPERS: North American Van ner Casket Co., 954 West Washington Lines, Inc., P.O. Box 988, Ft. Wayne, Ind. Blvd., Chicago, 31L 60607; Curtis Cas- ket Co., 411 So. Blvd., Oak Park, Ill. 46801; Truck-Transport Equipment, Inc., [Ilotlce 102] 2500 Coliseum Blvd., West Ft. Wayne, 60302; Chicago Casket Co., 932 W. Wash- Ind. 46808; and Kentucky lanufactur- ngton Blvd., Chicago I. 60607; and MOTOR CARRIER TRANSFER Ing Company, 2601 South Third St., Mlilwaukee Casket Co., 1418 W. St. Paul PROCEEDINGS Louisville, Ky. 40208. SEND PROTESTS Street, Mlwaukee, Wis. 53233. SEND PROTESTS TO: William .. Gray, Jr., Ju=' 11, 1974. TO: J. H. Gray, District Supervisor, In- Application filed for temporary au- terstate Commerce Commission, Bureau District Supervisor, Interstate Commerce CommisIon, Bureau of Operations, Ev- thority under section 210a(b) In connec- of Operations, 345 W. Wayne St., Room tion with transfer application under sec- 204, Ft. Wayne, Ind. 46802. erett McKinley Dirluen Bldg., 219 S. Dearborn St., Room 1086, Chicago Ill. tion 212(b) and Transfer Rules, 49 CFR No. MC 139830 TA, filed May 23, 1974. 60604. Part 1132: Applicant: COLUDMBIA DISTRIBUT- ING CORPORATION, 1009 Airport No. LTC 139833 TA, flled May 24, 1974. No. MAC-FC-75204. By application filed Blvd., Columbia, S.C. 29202. Applicant's Applicant. TASCO, INC. P.O. Box 1072, June 3, 1974, R. J. M&TRANSFER CO., representative: Edward J. Morrison, P.O. Dumas, Tex. 79029. Applicant's repre- 10526 Doe Run. St. Louis, MO 63128, Box 67, Lexington, S.C. 29072. Authority sentative: William L. Slover, 1224 Seven- seeks temporary authority to lease the sought to operate as a common carrier, teenth Street NW., Washington, D.C. operating rights of LAWRENCE SAN- by motor vehicle, over irregular routes, 20036. Authority sought to operate as a DERS, Trutee In Bankruptcy of the Es- transporting: Charcoal briquettes, In common carrier, by motor vehicle, over tate of F. W. STRECKER TRANSFER bags on pallets, from Lake City, S.C., to irregular routes, transporting: Zfeat, COMPANY, Paul Brown Bldg., St. Louis, points in Alabama, Florida, Georgia, meat products, meat by-products, anid Mo. 63101, under section 210a(b). The Kentucky, North Carolina, Ohio, Penn- articles distributed by mncat packing- transfer to R. J. L. TRANSFER CO., vf sylvania, Virginia, and West Virginia, for houses, as described In Sections A and the operating rights of LAWRENCE 180 days. SUPPORTING SHIPPER: T. C of Appendix I to the report n Dscrip- SANDERS, Trustee In Banlruptcy of the S. Ragsdale Company, Incorporated, P.O. tions in Motor Carrier Certificates, 61 Estate of F. W. STRECKER TRANSFER Drawer 937, Lake City, S.C. 29560. SEND M.C.C. 209 and 766 (except hides and COMPANY, is prezently pending. PROTESTS TO: E. E. Strotheid, Dis- commodities in bulk, In tank vehicles), By the Commission. trict Supervisor, Interstate Commerce from the plantsite of and storage facili- Commission, Bureau of Operations, ties utilized by American Beef Packers, [sEAL, ROBrR L. OALD, Room 302, 1400 Bldg., 1400 Pickens Inc., at or near Cactus, Tex. (Moore Secretary. Street, Columbia, S.C. 29201. County), to points In California, MId - [FR Daz.74-13361 Filed. 6-10-74;8:45 aml

FEDERAL REGISTER, VOL 39, NO. I3--TUESDAY, JUNE 11, 1974 NOTICES [Notice 2] result of final action either granting or TEMPORARY AUTHORITY denying the Issuance of a Certificate or - Notice of Termination Permit In a corresponding application for The temporary authorities granted in permanent authority, on the date Indi- the dockets listed below have expired as a cated below:

Temporary authority application Final action or certificate or permit Date of action

MC-28457(Sub-No. 6) ------MC-28457(Sub-No. 7) ------Apr. 10,1974 MC-11343(Sb-No. 192) ------MC-113843(Sub-No. 19) ------Sept. 28,1973 AIC-119767(Sbo. 270) ------C-119767(Sub-No. 278) ------.------Sept. 13,1973 IC--124236S -No 3)------MC-124238(Sub-No. 61) ....------.------Apr. 6,1974 MC-124796 9Su .-8) MC-124796(Sub-No. 99) ------Sept. 0,1973 MC-126196 Su-No. 7) ------MC-126196(Sub-No. 8)------Sept. 5,1973 MC-127239 Su-No. 12) ------MC-127239(Sub-No. 11) ------Sept. 6,1973 MC-128217(Sub-No. 5) ------...... ------MC-128217 ------Sept. 11,1073 MC-129350(Sub-No. 13) ------C-129350(Su1-No. 19) ------Sept. 10,1973 MC-129719(Sub-No. 3) ------IMC-129719(Sub-No. 4)------Sept. 5,1973 MC-133220(Sub-No. 4) ------1MC-133220 0ub-No.5)------Sept. 0,1973 AIC-133485 (Sub-No. 6) ------MC-1334860(b-No. 6) ------Sept. 10, 1973 C-1.35032(Sub-No 1 ------MC-13502 Sub-No. 2) ------Sept. 24,1973 IC-135117(Sub-No 4)------MC-135117 Sub-No. 3)------Sept. 14,1973 MC-135144 ------MC-135144(Sub-No. 1)------Apr, 5,1974 MC-13M03(Sub-No. 2) ------M C-139983 Sub-No. 2)------Sept. 7,1973 MC-136146 ...... ------. C-136146 Sub-No. 1) .... ------Sept. 6,1973 MC-1031 ------MC,-13631 Sub-No. 1)------Sept. 0,1973 BIC-136O . . . ..------MC-136640(Sub-No. 1) ------Sept. 24,1973 700-136701(Sub-No. 1) ------1C--136701(Sub-No. 2)------Apr, 22,1974 MC-136714.------MC-136714(Sub-No. 1I------Sept. 13,1t73 MC-136921 ------MC-136921(Sub-No. 1-)------Spt 6,1973 MC-136042(Sub-No.NIC-3692(gb-N. 11)------MC-136942Sb-No. ------uNo 2) ------Sept. 19,1973 IC-136994. ------.....--- MC-139 S--ub-No. 1)------Sept. 4,1973 .IC-138132------(Sub-No. )- Sept. 20,1973

9EALJ ROBERT L. OSWALD, Secretary. [FR Doc.74-13359 Filed 6-10-74;8:45 am]

FEDERAL REGISTER, VOL. 39, NO. 113-TUESDAY, JUNE 11, 1974 FEDERAL REGISTER 20561 CUMULATIVE LIST OF PARTS AFFECTED-JUNE

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 June.

3 CFR Pago 8 CFR Page 18 CFR Page PROCLAMATION: PROPOSED RULES: PROPOSED RULES: 4295-. ------19767 242 .... 19783, 20367 20403 4296 ...... -20051 9 CFR 20403 4297 ------20471 73 ...... 19773 19 CFR 7G6 ------19939 ExECUTIVE ORDERS: 153 ...... 20370 82 20186 9835 (See EO 11785) ----- 20053 97 -- 159 ...... ------20369 10450 (amended by EO ------19940 11785) ------20053 113 ...... 20368 20 CFR 11605 (revokedbyEOl1185)_ 20053 317 ...... 20369 405 19482, 20164 11758 (Amended by E.O. 318- -- -- 20186 602 ... --... -19776 11784) -...... ------19443 325------20186 20566 381 ------.------11784 -..------19443 20369 PROPOSEDRULES: 11785 ...... 5 .. .. 20053 PROPOSED RULES: 404 ...... 19501 11786 ------20473 102 . ------19946 405 -. ----- . 19949 PRESIDENTIAL DocuIENTs OTHER 10 CFR 602 .19787 THAN PROCLAMATIONS A ExEc- Ch.II: 21 CFR UTIVE ORDERS: 211 .. ------20187 ------0193 Rungs Memorandum of May 16, ---...... ------20056 19..... 19776 1974 ------19769 12 CFR 135 ---.------20370 4 CFR 91 q qnn-, 20370 225 -.-.. -. - - -- - 19774 135e -...... ------..- - 20193 PROPOSED RULES: 1481 ------_.-20370 409 ------20505 13 CFR 314 -- -.-----...... ---- 19942,20482- -20482 5 CFR 1fl 9fl47 19862 213 ------19445, 19446, 20055, 20185 PROPOSED RULES: 332 -.-.- ..-.-.-..-.-- .- 19862 733 ------20185 107------19662 610 ----- 20371 890 20055 630 .20371 891------20055 14 CFR 680___Z...... 19777 930------.. --- .. 20185 39 ------19448, 19449, 19775, 19940, 19941, 20189, 1020 - 20371 6 CFR - 20190,20477 PnOPOSED RULES: Ch. --- 20186 61 ---- 20056 19501 19449, 7 20399 CFR 19450, 19775, 19942, 20057, 20191- 146a____ 20399 2 ------20208 20193, 20369, 20479 ------149h .... 20399 54 20363 75 ------19776,20193 330.._ 19878, 19880 55 -.-.- .- .--.- ..-- ..----- .- 20363 97 20057, 20479 610.._.. 20399 56 ------20363 141 ------20146 1301. ------20382 70- 20364 288 ----..------...----- 19942 20382 331 ----.... . -- 19939 385------20058 401 ...... ----- 19446, 19447 PROPOSED RULES: 23 CFR 411 ------19447 633 20371 631- - 20475 39 ...... -19503 71 19504, 650 ...... ---- 19645 24 CFR 19955, 20082, 20214, 20500, 724 ------.. .----- 20208 20501 1700....------19778 760 ...... 20063 75__------20214 1914-.-.- 19451,20059,20060,20486-20488 91 20382 908 ------19448, 20065, 20364 1915----- 19454 20083 910 .. - ---- 19773,20208 PROPOSED RULES: 911------19939,20209 211 ...... -20083 915 19773 221 - ---. ----- 20083 232 ----- 20172 239------20400 1427------19448, 20364 CFR 261 ------20083 25 1464- 20066 PROPOSED RUMES: 1807 .------20367 2933...20503 298.....-- 20504 35 - -- 20489 1823 . 2------20475 302 20083 1861------20070 312 .20083 26 CFR 2620 ------1 20070 399 .-...... ------20083 PROPOSED RuLES: Pnoros za UZS 15 CFR 799 ------20490 1-- 20210 915 ------19784 921 ------19922 924------20210 950 --- ....------20193 28 CFR 944 ------19484 2._._.20028 981 --...... 19485 17 CFR 984 ------19486 240 ------19944 29 CFR 989 ------19946 249 ..... ------20480 89 ...... - 20452 1131 20212 94 ...... 19888 1464--- 20071 PROPOSED RULES: 95.. .. .1992 ------.-..------1701 ------19947 230-_ 19967 19901

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, ,JUNE 11, 1974 Ho. 113-Pt. 1-13 20562-20564 FEDERAL REGISTER

29 CFR-Coninued Page 37 CFR Pago 45 CFR--Continued Pao 97------19910 PROPOSED RULES: PROPOSED RULES: 051 -19913 1 1 19786 249 ------...... ------20042 1 910- 19468 1303_------20071 -19470 38 CFR PROPOSED RULES: 20061 46 CFR CI. 19948 20204 10481 20376 26 ------1907 ------19507 19481 1910.... 19507,20494,20497,20499 PROPOSED RULES: 252 ------20383 191 .. 20499 3 20089, 20214 294 ------19481 21 20087 1916... 20499 PROPOSED RULES: 19 17.720499 39 CFR 1918_ 20499 73------...... ---- 19954 3002 1926 ------20499 ------..... 20376 78 ------19954 PROPOSED RULES: CFR 123 -- -- 19958 47 CFR 30 124_-- -- 19958 PROPOSED RULES: 0 ...... 20370 40 CFR 73 ------20377,20378,20485 --_ - 19783 76 ------20380 77------20213 51 20061 52 19779, 20061, 20484 78------. ..------20380 130 19634 PROPOSED RULES: 31 CFR 131 -19639 0 ------. 20401 19470 180 ...------19942, 20376 2 ------.... .----- 3 ------19470 227 .------20206 73 ..... 29787, 20083,20401-20403 415---- -.- - -- 20376 91 ------20401 32 CFR PROPOSED RULES: 19470 49 CFR 1280- 52 -- 19957, 20511 120 -- 20513 195 ------19780 33 CFR -- 570 ------19781 I ----.-.- .------19472, 20203 41 CFR 571- - 19481, 19782, 20063, 20380 2 19473 60-5 ------19943 57 19482,20206 19473 101-35 ------.------19943 1033 20207 101-43 ....------20061 PROPOSED RULES: _ 19473 Ifnnrn 105 ------...... 19473 42 CFR ...... 19505, 19055 -6 1100__.._20376 PROPOSED RULES: 55a ------20079 568 ...... 10955 117.. - ..... 19942 571 ------....------19505,10955 207 ...... -19473 43 CFR '590 ------...... ---- 20501 PROPOSED RULES; PUBLIC LAND ORDERS: 1125------20215 117 ------19502 5174 (Amended by PLO 5411) 19944 50 CFR 5411 ------19944 28 ------..... -----. 20380 36 CFR 5422 --- ...... 20376 19954 701 ------20203 20381 45 CFR PROPOSED RULES: 25 ------19478 PROPOSED RULES: 7------... 20489 801_... .19780 19500

FEDERAL REGISTER PAGES AND DATES-JUNE Pages Date I Pages Date Pages Dato 19437-19759------June 3 19929-20044 ------June 5 20179-20355 ------Juno 7 19761-19927------4 20045-20177- 6 20357-20463 ------10 I 20465-20571 11

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 TUESDAY, JUNE 11, 1974

WASHINGTON, D.C. Volume 39 N Number 113 PART 11 *134*

DEPARTMENT OF LABOR

Employment Standards Administration

EMPLOYMENT OF THE HANDICAPPED

Affirmative Action Obligations oF Contractors and Subcontractors

No. 113-Pt. Tr-1 20566 RULES AND REGULATIONS

Title 20-Employees' Benefits Subpart C-Ancllary Matter C) The term "Employment Standards CHAPTER VI-EMPLOYMENT STANDARDS 741.50 Reinstatement of ineligible contrac- Administration" means the Employment ADMINISTRATION, DEPARTMENT OF tors andsubcontractors. Standards Administration of the United 741.51 Intimidation and Interference. LABOR States Department of Labor, its regional 741.52 Access to records of employment. and area offices SUBCHAPTER C-REHABILITATION ACT OF 1973 741.53 Rulings .and Interpretations. and any division, branch 741.54 Effective date. or bureau thereof engaged in activities PART 741-AFFIRMATIVE ACTION OBLI- under this regulation. GATIONS OF CONTRACTORS AND SUB- AOuTHosr: Sec. 503, Pub. Law 93-112, 87 (h) The term "government" means the CONTRACTORS Stat. 393 (29 U.S.C. 793) and Executive Order 11758. government of the United State3 of On September 26, 1973, the President America. signed the Rehabilitation Act, Public Law Subpart A-Preliminary Matters, Affirma- (Q) The term "government contract" 92-112, which, among other things, re- tive Action Clause, Compliance means any agreement or modification quires Government contractors and sub- § 741.1 Purpose and app~lication. thereof between any contracting agency contractors to take affirmative action to and any person for the furnishing of per- employ and advance in employment The purpose of the regulations in this sonal property or non-personal services qualified handicapped individuals. By part is to assure compliance with section or for the use of real or personal prop- virtue of authority delegated to me by 503 of the Rehabilitation Act of 1973, erty, including lease arrangements. The Executive Order No. 11758, and pursuant which requires government contractors term "services", as used In this section to section 503 of the Rehabilitation Act, and subcontractors to take affirmative includes, but is not limited to the follow- I hereby issue Title 20, Chapter V, Sub- action to employ and advance in employ- Ing services: utility, construction, trans- chapter C, Part 741 of the Code of Fed- ment qualified handicapped individuals. portation, research, insurance, and fund eral Regulations, setting forth the duties The regulations in this part apply to all depository. The term "government con- of contractors, subcontractors and government contracts for personal prop- tract" does not include (1) agreements in agencies. erty or nonpersonal services (including which the parties stand In the relation- construction) in excess of $2,500. Failure ship of employer and employees, and (2) We find that notice of proposed rule- of a contractor making and delay in- the effective date to comply with any provi- federally-assisted contracts. would sion of the ,regulations in this part shall (m) The terrh "handicapped In- be contrary to the public interest be grounds in view of the need for prompt imple- for the imposition of any or dividual" means any Individual who has mentation of the all of the sanctions authorized herein. a physical or mental disability which for affirmative action re- The regulations in this quirements contained in the Rehabili- part do not apply such individual constitutes or results in to any action taken to effect compliance a substantial barrier to employment, tation Act, and accordingly such notice with and delay are not required under 5 U.S.C. respect to employment or participa- provided such individual has reasonably 553 (b) and (d). Therefore, these regula- tion in Federal grant programs under sec- benefited in terms of employability from tion 504 of the Rehabilitation Act of any of the types of services tions shall be effective on June 11, 1974.- 1973. (including However, in accordance with the spirit certification) provided pursuant to Titles of the public policy set forth in 5 U.S.C. § 741.2 Definitions. I and I of the Act or their equivalent. 553, interested persons may submit (a)The term "Act" means the (n) The term "modification" means written comments, suggestions, data or Rehabilitation Act of 1973, Public Law any alteration in the terms and condi- arguments to Mr. Bernard E. DeLury, 93-112. tions of a contract, including supple- Assistant Secretary for Employment (b) mental agreements, amendments, and The term "affirmative action extensions. Standards, U.S. Department of Labor, clause" means the contract provisions set Washington, D.C., on or before July 26, (o) The term "person" means any forth in § 741.3. natural 1974. Material thus submitted will be (c) The term "agency" means any person, corporation, partner- evaluated and acted upon in the same contracting agency of the government. ship or joint venture, unincorporated, manner as if this document were a (d) The term "Assistant Secretary" association, State or local government, proposal. means and any agency, Instrumentality, or sub- the Assistant Secretary of Labor division of such a government. Subpart A-Preliminary Matters, Affirmative for Employment Standards or his Action Clause, Compliance designee. (p) The term "prime contractor" Sec. means any person holding a contract, 741.1 Purpose and application. (e)The term "certification" means a signed statement which is issued as a and for the purposes of Subpart B of this 741.2 Definitions. part, any person 741.3 Affirmative action clause. service of such qualified vocational who has held a contract 741.4 Affirmative action policy. rehabilitation subject to the Act. agencies or facilities listed (q) 741.5 [Reserved] by the Employment Standards Adminis- The term "procurement activity" 741.6 Certification of handicap. tration and which describes the handi- means the organizational element of a 741.7 [Reserved] capped individual's disabilities. federal agency which has responsibility 741.8 Listing of employment openings. Cf) The term "construction work" to contract for the procurement of per- 741.9 Labor Unions and recruiting and sonal property or non-personal services, training agencies. means the construction, rehabilitation, alteration, conversion, extension, demoli- including construction. Subpart B-General Enforcement and (r) The term "recruiting and training Complaint Procedure tion, or repair of buildings, highways, or other changes or improvements to real agency" means any person who refers 741.20 Subcontracts. workers to any contractor or subcon- 741.21 Adaptation of language. property, including facilities providing utility services. The tern also includes tractor, or who provides or supervises 741.22 Incorporation by reference. apprenticeship or training for employ- 741.23 Incorporation by operation of the the supervision, inspection, and other Act and agency regulations. onsite functions incidental to the actual ment by any contractor or subcontractor. 741.24 [Reserved] construction. (s) The term "rules, regulations, and relevant 741.25 Exemptions. (g) The term "contract" means any orders of the Secretary of 741.26 Duties of contracting agencies. government contract for the procurement Labor" used in paragraph (d) of the 741.27 Noncompliance with the Affirmative affirmative action clause means rules, Action Clause. of personal property or non-personal regulations, services, including construction and relevant orders of the 741.28 Evaluations by Assistant Secretary. Secretary of Labor or his designee is- 741.29 Complaints. (h) The term "contracting agency" sued pursuant to the Act. 741.30 Processing of matters by agencies. means any department, agency, estab- 741.31 Assumption of jurisdiction by the Ct) The term "Secretary" means the lishment or instrumentality of the United Secretary of Labor, U.S. Department of Assistant Secretary. States, including 741.32 Actions for non-performance. any wholly owned gov- Labor, or his designee. 741.33 Disputed matters related to the at- ernment corporation, which enters into (u) The term "subcontract" means firmative action program. contracts. any agreement or arrangement between 741.34 Notification of agencies. (i)The term "contractor" means, a contractor and any person (in which 741.35 Formal hearings. unless otherwise indicated, a prime con- the parties 741.36 Contractor ineligibility list. do not stand In the relation- tractor or subcontractor. ship of an employer and an employee):

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 RULES AND REGULATIONS 20567

(1) For the furnishing of supplies or (d) The Contractor agrces to comply with forms of compenzatfon; and selection for services or for the use of real or personal the rules and regulations of the Secretary training, including apprenticeship. property, including lease arrangements, of Labor In 20 CER Ch VI. Part 741. (b) Outreach and 2ositfte recruit- (e) In the event of the Contractor'a non- which, in whole or in rart, is necessary to compliance with the requirement- of this mcnL Contractora shall review their em- the performance of any one or more con- clause, the contract may be terminated or ployment practices to determine whether tracts; or su-pended in whole or in part. their programs provide the required af- (2) Under which any portion of the (f) This clauze shall be included In all firmative action for employment and ad- contractor's obligation under any one or subcontracts over $2,500. vancement of qualified handicapped in- more contracts is performed, undertaken, dividuas. Based upon the findings of or assumed. such reviews , contractors all undertake (v) The term "subcontractor" means (g) The Contractor agrecs (1) to establish an aMrmative action program, including ap- appropriate outreach and positive re- any person holdizig a subcontract and, propriate procedures conictent with the cruitment activities, such as those listed for the purposes of Subpart B of this guidelines and the rules of the Secretary of below. It Is not contemplated that con- part, any person who has held a sub- Labor, which will providothe aflirmatlvo ac- tractors will necezzarily undertake all of contract subject to the Act. The term tion regarding the employment and advance- the listed activities. The scope of a con- "first-tier subcontractor" refers to a sub- ment of the handicapped required by PZ. tractor's efforts shall depend upon all contractor holding a subcontract with a 93-112, (2) to publish the program In his the circumslances, including the extent employee's prime contractor. or personnel bandbcook or other- In which existing employment practices (w) wise distribute a copy to all personnel, (3) The term "United States" as used to review his program on or before March 31 are adequate and the contractor's size herein shall include the several States, of each year and to make such chang-c ws and resources. the District of Columbia, the Virgin Is- may he appropriate, and (4) to deignate onm (1) Internal communication of the lands, the Commonwealth of Puerto of his principal officlals to 1:0 reTponmsble contractor's obligation to engage in af- Rico, Guam, the Panama Canal Zone, for the establishment and operation of the firmative action efforts to employ quali- American Samoa and the Trust Terr- program. fied handicapped individuals in such a .tory of the Pacfc Islands. (h) The Contractor agrce to permit the manner - examination by appropriate contracting to foster understanding, ac- § 741.3 Alfirmative action clause. agency oMcials or the A=Lstant Secretary for ceptalnce and support among the con- Employment Standards or his de ignee, of tractor's executive, management, super- Each procuring activity shall include pertinent boos, documents, papers and rec- visory and all other employees and to the following affirmative action clause ords concerning his employment rnd ad- encourage such persons to take the nec- in each of its nonexempt Government vancement of the handlcapped. esary action to aid the contractor in contracts (and modifications thereof if (I) The Contractor agrees to po3t In con- meeting this obligation. -not included in the original contract). spicious places, available to employees and (2) Development of reasonable in- applicants OF THE for employment, notices in a form ternal procedures to EaupLovs.1 HAfDICAPPED to be prescribed by the Asalstant Secretary insure that the con- (This clause applies to all nonexempt con- for Employment Standards, provided by tho tractor's obligation to engage in tracts and subcontracts which exceed $2,500 contracting officer stating contractor's obli- aflirmative action to employ and pro- as follows: (1) Part A applies to contracts gation under the law to take aflIrmativo ac- mote qualified handicapped individuals and subcontracts which provide for perform- tion to employ and advance in employment Is being fully implemented. ance in less than 90 days, (2) Parts A and qualified handicapped employees and appli- (3) Periodically informing all em- B apply to contracts and subcontracts which cants for employment and the rights and ployees of the contractor's commitment provide for performance In 90 days or more remedies available. to engage in affirmative action to in- and the amount of the contract or sub- (J) The Contractor %%ill notify each labor contract Is less than $500,000. and (3) Parts crease employment opportunities for union or representative of workers with qualified handicapped individuals. A, B. and C apply to contracts and subcon- which he has a collective bargmining agree- tracts which provide for performance In 90 ment or other contract understanding, that (4) Enlisting the assistance and sup- days or more and the amount of the contract the contractor is b3und by the terms of port of all recruiting sources (includ- or subcontract is $500,000 or more.) Section 503 of the nehablitation Act, and Is ing the State Employment Services, State PART A committed to take affirmative action to em- vocational rehabilitation agencies or ploy and advance in employment physlcally facilities, sheltered workshops, college (a) The contractor will not discriminate and mentally handlcappcd Individuals. placement officer., against any employee or applicant for em- State education agen- ployment because of physical or mental PART 0 cles, labor organizations, and social service organizations serving handicap in regard to any position for which (k) The Contractor ngrZe to submit a handi- capped the employee or applicant for employment is copy of his affirmative action program. to the Individuals) for the cont ators qualified. The contractor agrees to take af- Assistant Secretary for Employment Stand- commitment to provide meaningful em- firmative action to employ, advance in em- ards within 90 days after the award to'him ployment opportunities to qualified ployment and otherwise treat qualified of a contract or subcontract. handicapped individuals. (A list of na- handicapped individuals without discrimi- (1) The contractor agrees to submit a sum- tional organizations serving the handi- nation based upon their physical or mental mary report to the Assistant Secretary for handicap In allemployment practices such papped, many of which have State or Employment Standards, by March 31 of each local affiliates, Is found in the "Directory as the following: employment, upgrading. year during performance of the Contract, of Organizations Interested in Handi- demotion or transfer, recruitment or re- and by March 31 of the year following com- the cruitment advertising; layoff or termination, pletion of the contract, in the form pro- capped", published by the People to - rates of pay or other forms of compensa- scribed by the Asstant Secretary. covering People Committee on the Handicapped, tion, and selection for training, Including employment and complaint experience, ac- 1146 16th Street, NW., Washington, D.C. apprenticeship. commodations made and all Lteps taken to 20036.) (b) The Contractor agrees that, If a handl- effectuate and carry out the commitments (5) Engaging in recruitment activi- capped ndividual files a complaint with the set forth In the affirmative action program. Contractor that he is not-complying with the ties at educational institutions which participate in training of the handi- requirements of the Act, he will (I) investi- § 741.4 Affirmative action policy. gate the complaint and take appropriate capped, such as schools for the blind, action consistent with the requirements of (a) General requirements. Under the deaf, or retarded. 20 CFR 741.29 and (2) malntaln on file for affirmative action obligation imposed by (6) Establishment of meaningful con- three-years, the record regarding the com- section 503 of the Rehabilitation Act of tacts with appropriate social service plaint and the actions taken. 1973, contractors are required to take organiztions, Vocational Rehabilitation (c) The Contractor agrees that, if a handi- affirmative action to employ and advance acencles or facilities, for such purposes as capped individual files a complaint with the in employment qualified handicapped Department of Labor that he has not com- in- advice, technical assistance and referral plied with the requirements of the Act, (1) dividuals. Such action shall apply to em- of potential employees. he will cooperate with the Department in its ployment practice, including, but not lim- (7) Reviewing employment records to investigation of the complaint, and (2) he ited to the following: Employment, up- determine the availability of promotable wil provide all pertinent information regard- grading, demotion or transfer; recruit- and transferrable qualified handicapped Ing his employment practices with respect ment or recruitment advertising; layoff Individuals presently employed, and to to the handicapped. or termination; rates of pay or other determine whether their present and

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20568 RULES AND REGULATIONS potential skills axe being fully utilized or rehabilitation facilities, and all other thereafter for succeeding years, if any. developed.- available instrumentalities, to cause any Notwithstanding the above, the affirma- (8) Use of appropriate media for In- labor union, recruiting and training tive action clause shall be applied to such stitutional and employment advertising agency or other representative of workers contract whenever the amount of a single to indicate the contractor's commitment who are or may be engaged in work under order exceeds $2,000. Once the affirma- to nondiscrimination and affirmative ac- contracts and subcontracts to cooperate tive action clause is determined to be ap- tion under this part. with, and to assist in the implementation plicable, the contract shall continue to (c) Accommodatioan to physical and of, the purposes of the Act. be subject to such clause for its dura- mental limitations of employees. A con- Subpart B-General Enforcement and tion, regardless of the amounts ordered, tractor must attempt to make a reason- Complaint Procedure or reasonably expected to be ordered in able accommodation to the physical and any year. mental limitations of an employee or § 741.20 Subcontracts. (3) Work outside the United States. applicant unless the contractor can Each nonexempt prime contractor and Contracts and subcontracts are exempt demonstrate that such an accommoda- subcontractor under g Government con- from the requirements of the affirmative tion would Impose an undue hardship on tract shall include the affirmative action action clause with regard to work per- the conduct of the contractor's business. clause prescribed in § 741.3 in each of formed outside the United States by em- In determining the extent of a contrac- their nonexempt subcontracts. ployees who were not recruited within tor's accommodation obligations, the § 741.21 Adaptation of language. the United States. following factors among others may be (4) Contractswith State or local gov- considered: (1) Business necessity (2) Such necessary changes in language ernments. The requirements of the af- financial cost and expenses and (3) re- may be mad& to the affirmative action firmative action clause in any contract sulting personnel problems. clause (see § 741.3) as shall be appropri- or subcontract with a State or local gov- § 741.5 [Reserved] ate to identify properly the parties and ernment (or any agency, Instrumentality their undertakings. or subdivision thereof) shall not be applt' § 741.6 Certification of handicap. § 741.22 Incorporation by reference, cable to any agency, Instrumentality or (a) Any handicapped individual may subdivision of such government which request, at any time, a certification of his The affirmative action clause may be does not participate In work on or under handicap from any Vocational RehabIl-. incorporated by reference in Govern- the contract or subcontract. ment transportation requests, contracts tation agency or facility listed by the (5) Facilities not connected with con- Employment Standards Administration. for deposit of Governmental funds, con- tracts for issuing and paying tracts. The Assistant Secretary may ex- such lists shall be available through. U.S. savings empt from the requirements of the af- local U.S. Department of Labor, Em- bonds and notes, contracts and subcon- firmative action clause any of a primo ployment Standards Administration tracts less than $50,000, and such other contractor's or subcontractor's facilitiem offices. The certification shall be in the contracts as the Assistant Secretary may designate. which he finds to be In all respects sepa- form prescribed by the Secretary, and rate and distinct from activities of the shall represent the determination of a § 741.23 Incorporation by operation of prime contractor or subcontractor re- facility listed by the Employment Stand- the Act and agency regulations. lated to the performance of the contract ards Administration that the individual or subcontract, provided that he also is handicapped and has benefited in em- By operation of the Act, the affirmative finds that such an exemption will not ployability from a type of service pro- action clause shall be considered to be a Interfere with or Impede the effectua- vided pursuant to Title I and II of the part of every contract and subcontract tion of the Act. Act or their equivalent. required by the Act and the regulation& in this part and to include such a clause (b) Waivers-(i) Specific contracts (b) Handicapped individuals filing ad- and classes of contracts.The head of an ministrative complaints under this part whether or not it is physically incorpo- rated in such contracts. The clause may agency, with the concurrence of the As- may do so only upon certification of their sistant Secretary, may exempt any con- handicapping disability or condition as also be applied by agency regulations to every nonexempt contract where there tract or subcontract from any or all of provided in paragraph (a) of this the affirmative action clause when he section. is no written contract between the agency and the contractor. deems that special circurnstances in the § 741.7 [Reserved] national interest so require. The agency -§ 741.24 EReserved]j head, with the concurrence of the Assist- § 741.8 Listing of employment' open- ant Secretary, may also exempt groups ings. § 741.25 Exemptions. or categories of contracts or subcontracts The mandatory listing obligation of (a) General-(1) Transactionsnot ex- of the same type where It is (i) In the 41 CFR Part 50-250, which requires con- ceeding $2,500. Contracts and subcon- national interest, (i) found Impracti- tractors to list their job openings with tracts not exceeding $2,500 are exempt cable to act upon each request Individ- State employment services offices shall be from the requirement of the affirmative ually, and (iii) where group exemption utilized by State employment security .action clause. No agency, contractor or will substantially contribute to conven- agencies to refer qualified handicapped subcontractor shall procure supplies or ience in administration of section 503 of Individuals. services in less than usual quantities to the Act. § 741.9 Labor unions and recruiting avoid ,applicability of the affirmative - (2) National security. Any require- and training agencies. action clause. ment set forth in these regulations In (2) Contracts and subcontracts for in- this part shall not apply to any contract (a) Whenever performance in accord- definite quantities. With respect to in- or subcontract whenever the ance with the affirmative action clause head of the definite delivery-type contracts and sub- contracting agency determines that such or any matter contained in the regula- contracts (including, but not limited to, tions in this part may necessitate a re- open end contracts, requirement-type contract or subcontract s essential to vision of a collective bargaining agree- contracts, Federal Supply Schedule con- the national security and that its award ment, the labor union or unions which are tracts, "call-type" contracts, and pur- without complying with such require- parties to such agreements shall be given chase notice agreements), the affirma- ments is necessary to the national secu- an adequate opportunity to present their tive action clause shall be included unless .rity. Upon making such a determinatior, views to the contracting agency, the procuring activity has reason to be- the head of the agency will notify the or, If he lieve that the amount to be ordered in has assumed jurisdiction, the Assistant any year under such contract will not Assistant Secretary In writing within 30 Secretary. exceed $2,500. The applicability of the days. 1; (b) The Secretary shall use his best affirmative action clause shall be deter- (c) Withdrawal of exemption. When efforts, directly and through contractors, mined by the purchaser at the time of any contract or subcontract Is of a class subcontractors, local officials, vocational award for the first year, and annually exempted under this section other than

FEDERAl. REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 19.74 RULES AND REGULATION206 20569

contracts exempted under paragraph(b) annual reports have not been submitted employment with such contractor may, (2) of this section, the Assistant Secre- to the Assistant Secretary of Labor for by himself or by an authorized repre- tary may withdraw the exemption for a Employment Standards, or a good faith sentative, file in writing a complaint of specific contract or subcontract or group effort has not been made to ef- alleged violation of the affirmative action of contracts or subcontracts when in his fectuate and carry out affirmative action clause. Such complaint is to be filed not judgment such action is necessary or ap- program. later than 180 days from the date of the propriate to achieve the purposes of the (e) Criteriafor good faith cfforts. By alleged violation imles the time for fil- Act. Such withdrawal shall not apply October 1, 1975, the Assistant Secretary ing is extended by the Assistant Secre- to contracts or subcontracts awarded shall promulgate criteria for defining tar upon good cause shown. prior to the withdrawal, except that in good faith "effort" to effectuate and (c)Complaints shall be filed with the procurements entered into by formal ad- carry out an affirmative action program. nearest office of the Employment Stand- vertising, or the various forms of re- § 741.27 Noncompliance with the Affir- ards Administration of the Department stricted formal advertising, such with- nuitive Action tlause. of Labor. The Department of Labor may drawal shall not apply unless the with- refer complaints to the contracting drawal is made more than 10 calendar Noncompliance with the prime con- agency or in the case of multiple con- days before the date set for the opening tractor's or subconstractors obligations tracting agencla, the contracting agency of the bids. under the Affirmative Action Clause Is designated by the Assistant Secretary for a ground for the imposition by the in § 741.26 Duties of contracting processing, or they may be processed agencies. agency, the Assistant Secretary, prime accordance with § 74131. (a) General responsibility. Each contractor, or subcontractor of appro- (d) Complaints will be required to be agency shall cooperate with the Assist- priate sanctions. Any such failure shal signed by the complainants or their ant Secretary in the performance of his be reported in writing to the Assistant authorized representatives and to con- responsibilities under the Act. Secretary by the agency as soon as prac- tain the following information: (1) Name (b) Designation of agency official. ticable after It occurs. and address (including telephone num- The head of each agency, or his desig- § 741.23 Evaluations Liy Assistant Sec- ber) of the complainant, (2) name and nee, shall identify and submit to the retary. address of the contractor or subcontrac- Assistant Secretary the name, address tor who committed the alleged violation, and telephone number of the official The Assistant Secretary shall under- (3) a description of the act or acts con- within the agency who is primarily re- take such evaluations as may be neces- sdered to be a violation, (4) a brief state- sponsible for implementation of this sary to assure that the purposes of Sec- tion ment describing the complainant's Job program within the Agency. 503, of the Rehabilitation Act of sldls or training, If any, job experience (c) Certiftcation requirement. The 1973 are being effectively carried out. or other qualifictions for the position, following certification shall be included § 741.29 Complaints. (5) a copy of the complainant's certifica- in all invitations-for bids and requests (a) (1) Any handicapped employee of tion, and (6) other pertinent informa- for proposals for contracts to be tion available which will as-st in the in- awarded any contractor or handicapped applicant after January 1, 1976. for employment with such contractor or vestigation and resolution of the com- HAN DICAPPED subcontractor may, by himself or by an plaint, including the name of the Federal The offeror certifies with respect to the authorized representative, file in writing Agency with which the employer has Employment of the Handicapped clause as a complaint of alleged violation of the contracted. follows: Employment of the Handicapped clause (e) Where a complaint contains in- 1. He I ] has, [ ] has not previously with the contractor or subcontractor. complete information, the agency or the. been awarded a contract which Included the Where established, contractors and sub- Assistant Secretary shall promptly seek clause. W!Jaffirmatire, execute 2). contractors shall utilize their internal re- the needed information from the com- 2. The time, specified for contract per- plainant. In the event such information formance [ ] exceeded 90 days, [ ] did view procedure, which may be governed not exceed 90 days. (If more than 90 days, by the terms of an applicable collective is not furnished to the agency or the execute 3). bargaining agreement generally meeting Assistant Secretary within 60 days of 3. The amount of the contract was the requirements of this paragraph, to the date of such request, the case may be less than $500,000, [ ] more than $500,000, receive complaints from handicapped closed. and he I I has. [ ] has not published employees alleging the employer's fail- (M Upon final resolution of a com- his program for the employment of the ure to promote or advance them in em- plaint by the agency, the complainant handicapped. (If more than $500,000, cx- shall be furnished with a copy of the de- cute 4). ployment or otherwise failing to comply 4 He [ ] has. [ ] has not submitted with the Act. Procedures utilized under cision. The complainant may file an the required annual report to the Assistant this paragraph shall provide for fair, ex- appeal with the Secretary requesting as- Secretary of Labor for .Employment Stand- peditious and effective processing of sumption of Jurisdiction under the pro- ards. complaints. Actions under these proce- visions of § 741.31. The Secretary shall 5.-He [ has. [ has not made a good dures shall be processed to completion review the complaint and all relevant faith effort to effectuate and carry out his material related thereto, including the affirmative action within 60 days after the complaint is program. filed. At thb completion of the review and decision Issued by the agency head. If he 6. He will not award subcontracts to per- of sons or conceTns that have not published appropriate action thereunder, the em- determines that assumption jurisdic- programs and submitted annual reports as ployer shall Inform the complainant of tion under § 741.31 is necessary or appro- required by the clause. his right to file a complaint with the priate to achieve the purposes of the (d) Award of contracts. Effective Department of Labor If the decision Is Act, be shall notify the complainant and January 1, 1976, each agency shall fol- adverse to the employee. A statement de- agency, and take whatever action he low the procedures described in this scribing the procedures under this sub- deems appropriate in accordance with Paragraph (d) before awarding any section shall be disseminated to all em- the provisions set forth therein. nonexempt contracts. ployees in an effective manner. § 741.30 Processing of matters by agen- (1) The certification required by tils (2) No employee may file an adminis- des. section shall be executed by all offerors trative complaint with the Employment (a) Inve-tgations. The agency shall prior to the award of a contract. Standards Administration of the Depart- institute a prompt Investigation of each (2) Failure to execute the certificate ment of Labor until the internal review shall be deemed a defect in form and complaint referred to It, and shall be procedure, where available, has been ac- responsible for developing a complete not in substance, and the bidder or of- corded 60 days to resolve the matter. case record. A complete case record con- feror shall be permitted to satisfy the (3) If a contractor does not have an Name requirements prior to^ award sists of the following: (1) and ad- (see 41 internal review IProcedure, employees dress of each person Interviewed. (2) A CFR 1-2.405.) may file administrative complaints dl- summary of his statement, (3) Copies or (3) Awards shall not be made where rectly with the Department of Labor. summaries of pertinent documents, (4) the certifications indicate that required (b) Any handicapped employee of any A narrative summary of the evidence programs have not been published or contractor or handicapped applicant for disclosed in the investigation as it relates

TEDERAL REGISTk, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 20570 RULES AND REGULATIONS to each charge, and (5) Recommended ance with the rules and regulations pro- firmative action clause by a contractor or resolution and/or actions. mulgated by the Secretary of Labor un- subcontractor, as shown by any com- (b) Resolution of matters. (1) If the der the Service Contract Act at 29 CPR plaint investigation, is not resolved by in- Investigation of a complaint by an agen- Part 6. formal means and a hearing is requested pursuant to § 741.30(b) (3) ; or cy pursuant to paragraph (a) of this 741.32 Actions for non-performance. section shows no violation of the affirm- § (2) The Assistant Secretary or an ative action clause, the agency shall, so (a) General. In every case where any agency proposes to debar the prime con- inform the Assistant Secretary. The-As- complaint investigation indicates the ex- tractor or subcontractor and a hearing sistant Secretary shall periodicallg re- istence of a violation of the afrmative is requested pursuant to § 741.30(b) (3). view such findings of the agency, and action clause or these regulations, the (b) General procedure. The Assistant by matter should be resolved by informal Secretary or the agency head, with the he mat request further investigation may the agency or may undertake such in- means, including conciliation, and per- approval of the Assistant Secretary vestigation as he may deem appropriate. suasion, whenever possible. This will also convene formal hearings pursuant to any complaint investigation indi- include, where appropriate, establishing Subpart B. Such hearings shall be con- (2) If with procedures cates a violation of the affirmative action a program for future performance. ducted in accordance clause, the matter should be resolved by Where the apparent violation is not re- prescribed by the contract, unless the possible. solved by informal means the agency Assistant Secretary has assumed juris- informal means whenever in which case (3) Complaint-initiated hearings shall shall proceed in accordance with estab- diction under § 741.31, be conducted in accordance with estab- lished agency procedures. hearings shall be conducted as pre- lished agency procedures, except that (b) ,Speciflc performance and/or scribed in 29 CFR Part 6. where the Assistant Secretary- has as- breach. The agency or Assistant Secre- (c) Decision following hearing. When be tary may, as an alternative or supple- the hearing is convened by the Assistant sumed jurisdiction hearings shall In conducted in accordance with the proce- ment to the administrative remedies set Secretary under the rules set forth dures set forth under the Service Con- forth herein, seek appropriate judicial 29 CFR Part 6, the Administrative Law tract Act in 29 CFR Part 6. (4) For rea- relief for breach of contract or specific Judge shall make recommendations to sonable cause shown, the Assistant Sec- performance of the affirmative action the Assistant Secretary who shall make retary or his designee or an agency head clause of the contract or both. the final decision. Parties shall be fur- may reconsider or cause to be recon- (c) Withholding progress payments. nished with copies of the Administrative sidered any matter on his own motion or So much of the accrued payment due on Law Judge's recommendations and shall pursuant to a request from the com- the contract or any other contract be- be given an opportunity to file their ex- plainant or contractor. tween the government prime contractor ceptions to the recommended decision, (d) Debarment by an agency. No de- Secretary. and the Federal government may be (c) Reports to the Assistant withheld as is authorized under appli- cision of an agency to debar a contractor Within 60 days from receipt of a com- correct any viola- or subcontractor shall be final without the agency, or within such ad- cable procument law to plaint by tions of the provisions of the affirmative the prior approval of the Assistant Sec- ditional time as may be allowed by the retary. Assistant Secretary for good cause action clause. (d) Termination. A contract or sub- § 741.36 Contractor ineligibility list. shown, the agency shall process the com- contract may be cancelled, suspended or plaint and submit to the Assistant Sec- The Assistant Secretary shall distrib- and a summary terminated, in whole or in part, for fail- retary the case record ure to comply with the provisions of the ute periodically a list to all executive report containing the following informa- departments and agencies giving the tion: (1) Name and address of the corn-. affirmative action clause. (e) Debarment. A prime contractor or names of prime contractors and ,sub- plainant; (2) brief summary of findings contractors who have been declared In- including -a statement as to the agency's subcontractor or a prospective contractor or subcontractor may be debarred from eligible under the regulations In this part conclusions regarding the contractor's and the Act. compliance or noncompliance with the receiving future contracts for failure to requirements of the affirmative action comply with the provisions of the affirm- Subpart C-Ancillary Matters clause; (3) a statement of the disposi- ative action clause. § 741.50 Reinstatement of ineligible tion of the case, including any corrective § 741.33 Disputed matters related to the contractors and subcontractors. action taken and any sanctions or pen- affirmative action program. alties Imposed or, whenever appropriate, Any prime contractor or subcontractor the recommended corrective action and Disputes related to matters pertain- debarred from further contracts or sub- sanctions or penalties. ing to the affirmative action program contracts under the Act may request re- shall be handled pursuant to standard instatement in a letter directed to the § 741.31 Assumption of jurisdiction by agency procedures for government con- Assistant Secretary. In connection with the Assistant Secretary. tracts and subcontracts unless the Assist- the reinstatement proceedings, the prime (a) The Assistant Secretary my inquire ant Secretary has assumed jurisdiction contractor or subcontractor shall be re- into the status of any matter pending under § 741.31, in which case the proce- quired to show that It has established before an agency, including complaints dures set forth in that section shall apply. and will carry out employment policies and. matters arising out of reports, re- § 741.34 Notification of agencies. and practices in compliance with the views, and other investigations. Where affirmative action clause. The Assistant Secretary of Labor shall he considers It necessary or appropriate Intimidation and interference. to achieve the purposes of the Act, he notify the heads of all agencies of any § 741.51 shall assume jurisdiction over com- sanctions taken against any contrator The sanctions and penalties contained plaints, advise the contracting agency, after such sanctions have been imposed. in this regulation may be exercised by the and proceed as provided herein. When- No agency may issue a waiver under agency or the Assistant Secretary against ever the Assistant Secretary assumes § 741.25(b) (1) to any contractor subject any prime contractor or subcontractor, without prior approval of jurisdiction over any matter, he may to sanctions who fails to take all necessary steps to conduct, or have conducted, such investi- the Assistant Secretary. gation, hold such hearings, make such ensure that no person Intimidates, findings, issue such recommendations § 741,35 Formal hearings. threatens, coerces, or discriminates and request the contracting agencies to (a) Hearing opportunity. An oppor- against any individual for the purpon take such action as may be appropriate. tunity for a formal hearing shall be af- of interfering with the fling of a com- The agency shall take such action, as forded to a prime contractor or a sub- plaint, furnishing information, or assist- prime con- may be appropriate, and report the re- contractor or a prospective ing or participating In any manner In sults thereof to the Assistant Secretary tractor or subcontractor by the agency within the time specified. or Assistant Secretary in any of the fol- an investigation, performance evalua- (b) Hearings convened by the Assistant lowing circumstances: tion, hearing, or any other activity re- Secretary shall be conducted in accord- (1) An apparent violation of the af- lated to the administration of the Act.

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974 RULES AND REGULATIONS 20571 § 741.52 Access to records of employ- in connection with the administration of executed after October 11, 1974, shall menL. the Act. contain the contract clause, regardless Each prime contractor and subcon- § 741.53 Rulings and interpretations of the period of solicitation. Subject to tractor shall permit access during normal any prior approval of the Secretary, any Rulings under or interpretations of the agency may defer the effective date of business hours to his places of business, Act, the regulations of the Secretary of books, records and accounts pertinent Labor, and the regulations contained in the regulations in this part, for such to compliance with the Act, and all rules this Part 741 shall be made by the Secre- period of time as the Secretary finds to and regulations promulgated pursuant tary or his designee. be reasonably necessary. thereto, by the agency or the Assistant Signed at Washington, D.C., this 5th Secretary for the purposes of evaluations § 741.54 Effective dnte. day of June 1974. and investigations of performance under The regulations contained in this part the affirmative hetion clause of the con- become effective on June 11, 1974. All BWan E. DfxLuRy, tract or subcdntract. Information ob- solicitations issued after 'July 11, 1074, Assistant Secretaryfor tained in this manner shall be used in shall contain the contract clause requir- Employment Standards. tained in this manner shall be used only ed by this regulation, and all contracts IPR Doc.74-13359 Flied 6-0-74;8:45 am]

FEDERAL REGISTER, VOL 39, NO. 113-TUESDAY, JUNE 11, 1974